HomeMy WebLinkAboutAgenda Packet 05-17-05
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Map 17, 2001
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BOARD OF COUNTY COMMISSIONER'
AGENDA
WELCOME
ALL MEETING' ARE TELEVIIED.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS.
GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted
at today's Board meeting:
CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests.
REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually usually in the order listed on the agenda.
PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00
A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are
intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public
hearing and aSRs anyone wishing to speaR to come forward, one at a time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the
order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a
public hearing, the Chairman will aSR for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you
have bacRup material, please have eight copies for distribution.
NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the
conclusion of the printed agenda.
PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit
comments to five minutes.
DECORUM - Please be respectful of others opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at
6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the
County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982.
The Board schedules additional worRshops throughout the year necessary to accomplish their goals and commitments.
Notice is provided of these worRshops. 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 (172) 462-1428 at least forty-eight (48) hours prior to the
meeting.
BOA¡RD OF COUNTY
COMMIJJIONER'
www.co..t-lucle.ll.u.
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Dltt.lct No. ..
Dltt.lct NO.2
Dltt.lct No. I
Dltt.lct No. J
Dltt.lct NO.1
F.annle Hutchln.on, Chal..an
DouS Cowa.cI, Vice Chal..an
'o.eph E. '.Ith
Paula A. Lewlt
Ch.1t C.aft
Map 17, 2001
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I. MINUTE'
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Invocation
Pleclse 01 Alleslance
Approve the minutes of the meeting held on May 10, 2005.
2. PROCLAMATIONJ/PRE'ENTATION,
A. Resolution No. 05-201 - Proclaiming the weeR of May 29, 2005 through June 4, 2005, as "Hurricane
Awareness WeeR" in St. Lucie County, Florida - Consider staff recommendation to approve Resolution
No. 05-201 as drafted.
B. Update on the Land Use Amendment Schedule by Michael Brillhart, Strategic and Special Projects
Director
C. Reading of the announcements by the County Administrator
J. GENERAL PUBLIC COMMENT
... CON'ENT AGENDA
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PUBLIC HEARING'
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I~ROWTH MANAGEMENT
First Public Hearing on Draft Ordinance No. 05-113, Research and Education ParR Overlay Zone - No action at
thio/time. A second and final public hearing to consider adoption of Draft Ordinance No. 05-113, Research and
}d'ucation ParR Overlay Zone, will be held on June 7, 2005. f.I M 1,J I} I, '\I
I¿- GROWTH MANAGEMENT
Application of Kenneth Palestrant, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/ac)
Zoning District to the CO (Commercial, Office) Zoning District (Draft Resolution No. 05-141) - Consider staff
recommendation to Adopt Draft Resolution No. 05-141 granting approval of Kenneth Palestrant's request for a
change in zoning from the AR-1 Zoning District to the CO Zoning District.
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REGpLAR AGENDA
MAY 17, 2001
PAGE TWO
sc. ~WIH MANAGE"'ENT
Draft Resolution No. 05-139 conditional use permit to allow the operation of a Family Residential Home within
a 1,000 foot radius of another such Family Residential Home in the RS-4 (Residential, Single-Family - 4
du/acre) Zoning district for property located at 3004 Anderson Avenue - Consider staff recommendation to
approve Draft Resolution No. 05-139.
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ID. GROWTH MANAGEMENT
1.
Board consideration of options regarding the implementation of neighborhood planning efforts
through the Growth Management Department. These options were prepared as a means to ~~
managing future ;¡Ievelopment in high growth areas. Staff reque~s direction from the B7' ~
au ,/J-&' fi C~~...",n--·~ ¥ ð/#J--I'J. 1/ J¡;;; ¿?C/~,.t.....- A--/p ft-;?/.)
Public Hearing on applicant's forMfuI request to waive the two (2) year waiting period requirement for
the resubmitted of their denied PUD application regarding the proposed JenRins Road South PUD.
Staff requesting direction from the Board. A /
or T-P N /'0/ tIP' -or Cr ~.L ~- ~d... ,Ph€::L ~& ¿'I'~__;-' ""./ ¿""o.
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.... / END OF PUBLIC HEARING'
2.
Resolution No. 05-210 - Extend Maturity Date for Improvement Revenue Note, Series 2004 (Land
l'UisitiOn), to July 1, 2005 - Consider staff recommendation to approve Resolution No. 05-210 as drafted.
7. V~NTY AnORNEY
Resolution No. 05-222 - Delegating Award of County's State Revenue Sharing Improvement Revenue Bonds,
Series 2005 - Consider staff recommendation to approve Resolution No. 05-222 as drafted.
yéOUNTY AnORNEY
Resolution No. 05-221 - Delegating Award of County's Sales Tax Refunding and Improvement Revenue Bonds,
Series 2005 - Consider staff recommendation to approve Resolution No. 05-221 as drafted.
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CON'ENT AGENDA
I. WARRANT'
Approve warrant list No. 33
2. COUNTY AnORNEY
A. Resolution No. 05-205 Extending the State of Emergency for Hurricane Frances; and, Resolution No.
05-206 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to
approve Resolution No. 05-205 and Resolution No. 05-206 and authorize the Chairman to sign the
Resolutions.
B. Revocable License Agreement - Southern Eagle Distributing, Inc. - Glades Cut-Off Road and JenRins
Road - Consider staff recommendation to approve the Revocable License Agreement, authorize the
Chairman to sign the Revocable License Agreement and direct Southern Eagle Distributing, Inc., to
record the document in the Public Records of St. Lucie County, Florida.
J. ADMINI'TRATION
A. Board of County Commissioners Meeting schedule changes - Consider staff recommendation to
approve the changes to the Board of County Commissioners meeting schedule for 2005.
'fo~o\ "Bevan
B. Commissioner Smith has requested that Ibom JOREK serve as his appointee on the Investment
Committee - Consider staff recommendation to ratify Commissioner Smith's appointment of +hem
-JeRes to the Investment Committee. ¡;; eM.
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C. Citizens Budget Development Committee - Consider staff recommendation to ratify Commissioner
Lewis's appointment of Mr. McBee to the Citizens Budget Development Committee.
D. Bicycle/Pedestrian Advisory Committee - Consider staff recommendation to ratify Commissioner
Hutchinson's appointment of Ms. Boltersdorf to the Bicycle/Pedestrian Advisory Committee.
... CENTRAL 'ERVICE'
Establishment of River ParR Marina Grant Fund from Florida Boating Improvement Program - Resolution No.
05-189 - Consider staff recommendation to approve Resolution No. 05-189 to establish the grant fund in the
amount of $150,000.00, to assist with the development of the River ParR Marina project.
I. GROWTH MANAGEMENT
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Consider Draft Resolution No. 05-138 granting Major Site Plan approval for the project to be Rnown as
Sunrise LaRe Estates Subdivision for property located on the west side of Sunrise Boulevard,
approximately V4 mile north of West Midway Road and V4 mile south of Weatherbee Road - Consider
staff recommendation to approve Draft Resolution No. 05-138 granting Major Site Plan approval for
the project to be Rnown as Sunrise LaRe Estates Subdivision, subject to 2 limiting conditions.
COt4'ENT AGENDA
MAY 17, 2001
PAGE TWO
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GROWTH MANAGEMENT CONTINUED
B. Consider Draft Resolution No. 05-142 Amending the Legal Description contained within Resolution No.
05-008, which granted Preliminary and Final Planned Development Site Plan Approval for the
Project to be Rnown as Celebration Pointe - A Planned Unit Development and a Change in Zoning
from the RS-3 (Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5
du/acre) Zoning Districts to the PUD (Planned Unity Development) Zoning District for United Homes
International, Inc. - Consider staff recommendation to approve Draft Resolution No. 05-142 amending
Resolution No. 05-008.
C. Approval to add two new positions titles Mapping Technician to the Growth Management Department
in the FV05 Budget - Consider staff recommendation to approve the request to add two new
Mapping Technician positions to the Growth Management Department effective May 10, 2005.
6. PARK' AND RECREATION
Purchase of a pump for the Paradise ParR pool - Budget Amendment No. BA05-134 and Equipment Request
No. EQ05-328 - Consider staff recommendation to approve BA05-134 and EQ05-328 to purchase the aquatic
pump for the Paradise ParR pool at a cost of $4,200.00.
7. PUBLIC WORK'
Approve Change Order NO.2 in the amount of $8,045.91 for the Selvitz Road and North St. Lucie River Water
Control District Canal 100 Emergency Culvert Replacement project - Consider staff recommendation to
approve and authorize the Chairman to sign Change Order No.2 in the amount of $8,045.91 for the Selvitz
Road and NSLRWCD Canal 100 Emergency Culvert Replacement project.
.. GRANTS
A. Authorize the submittal of a Transportation Enhancement grant application to the Florida
Department of Transportation for FV 2008/2009 funds to assist in the design and construction of
landscape, irrigation and lighting enhancements to the proposed Walton Road Improvement project -
Consider staff recommendation to authorize the submittal of this Transportation Enhancement
Application to the Florida Department of Transportation.
B. Accept a grant in the amount of $5,000.00 from the Caribbean Conservation Corporation Sea Turtle
Grant Program to be utilized to assist the development an educational exhibit at the St. Lucie County
Marine Center - Consider staff recommendation to approve acceptance of the grant and authorize the
Chairperson to sign the grant contract.
9. PURCHA'ING
A. Fixed Asset Inventory - Property Record Removal and permission to advertise Invitation for Bid (lFB)
for the sale of two (2) case 721 C loaders - Consider staff recommendation to remove the attached
records from the fixed asset inventory and permission to advertise for bids for bids for the sale of two
(2) case 721 C loaders.
B. Permission to advertise a Request for Proposals for Facilities Space Needs - Consider staff
recommendation to approve permission to advertise a Request for Proposals for Facilities Space Needs
Study.
C. Bid No. 05-049 - River ParR Marina Restrooms - Bid Withdrawal - Consider staff recommendation to
accept the withdrawal request, authorize the return of 5% bid security, and permission to re-advertise.
,COtC'ENT AGENDA
MAY 17, 2001
PAGE THREE
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PURCHA'ING CONTINUED
D. Fixed Asset Inventory - Property Record Removal - Consider staff recommendation to authorize staff
to remove the attached records from the fixed asset inventory of the Board of County Commissioners
and permission to sell at the County auction.
E. Fixed Asset Inventory-Property Transfer to the St. Lucie County Health Department - Consider staff
recommendation to authorize staff to transfer trucRs to the St. Lucie County Health Department.
10. COMMUNITY 'ERVICE'
Permission to advertise a RFP for the administration of the Florida Community Development BlocR Grant
Program Disaster Recovery Initiative Application - Consider staff recommendation to grant permission to
advertise for a RFP for the administration of the Florida Community Development BlocR Grant Program
Disaster Recovery Initiative application.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action ta~en 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 swom in. Any party to the proceedings will be
granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
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ANNOUNCEMENTS
Map 17, 2001
1. Meeting Changes:
· May 31, 2005 is a 5th Tuesday. There is no Board of County Commissioners meeting scheduled.
· The June 21, 2005 Board of County Commissioners meeting is canceled.
· The July 5, 2005 Board of County Commissioners meeting is canceled.
· November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m.
· The December 27, 2005 Board of County Commissioners meeting is canceled.
2. The Wings IN Wheels Air, Military, and Vehicle Show WeeRend will be on May 21st & 22nd, 9:00 a.m. to 5:00
p.m. at the St. Lucie County International Airport located on St. Lucie Blvd. in Ft. Pierce. For further
information, please call 462-1732.
3. The Board of County Commissioners will hold a WorRshop with Florida Power & Light to discuss the proposed
New Power Plant on Monday, May 23, 2005 from 2:00 p.m. to 5:00 p.m. in the County Commission Chambers.
4. The Board of County Commissioners will hold a WorRshop with Indian River County on Wednesday, May 25,
2005 from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers.
5. The Board of County Commissioners will hold a Ribbon Cutting for the Administration Building on Thursday,
May 26, 2005 at 10:00 a.m.
6. The Board of County Commissioners will hold a WorRshop on WorRforce Housing on Monday, June 6, 2005
from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers.
7. The Special Olympics, St. Lucie County Golf Tournament will be hosted on Saturday, June 11, 2005 at Club Med
at 8:00 a.m. (Shot Gun). For more information please contact Diana Mitchell 462-1683.
8. The St. Lucie County Centennial Celebration will be held on July 2, 2005 at the St. Lucie County Fairgrounds
from 11:00 a.m. to 9:00 p.m.
9. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will
hold a Joint Meeting on Monday, August 29, 2005 at the City of Fort Pierce Commission Chambers first floor,
100 N. US Hwy. 1, Fort Pierce, Florida 34950 from 2:00 p.m. to 5:00 p.m.
10. The Board of County Commissioners will hold a WorRshop with Martin County on Tuesday, August 30, 2005
from 9:00 a.m. to noon at the Martin County Commission Chambers located at 2401 SE Monterey Road, Stuart.
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BOARD O' COUNTY COMMI.'IONER,
ADDITION' AGENDA
Map 17, ZOOI
CON'ENT AGENDA
CAt. ADMINI'TRATION
Board of County Commissioners Meeting schedule Change - Consider staff
recommendation to approve the requested time change to the Board of County
Commissioners meeting on July 12, 2005.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen
by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a
hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual
testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should
contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (772) 462-1428 at least forty-eight (48)
hours prior to the meeting.
AGENDA REQUE!f
ITEM NO. CAl
DA TE: May 1 7/ 2005
REGULAR []
PUBLIC HEARING []
CONSENT [X]
TO:
SUBMITTED BY (DEPT):
Board of County Commissioners
Administration
SUBJECT:
BACKGROUND:
Board of County Commissioners Meeting sche
It has been requested that the Board of County Commissioners make the following
change to the Meeting Schedule for 2005.
· July 12/ 2005 Board of County Commissioners meeting will begin at 2:00
p.m. adjourn at 4:00 p.m. and reconvene at 6:00 p.m.
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends that the Board approve the change to the Board of County
Commissioners meeting schedule for 2005.
COMMISSION ACTION:
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X APPROVED[] DENIED
[] OTHER:
Approved 5-0
E:
Dou las 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
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: May 10, 2005
Tape: 1-2
Convened: 9:05 a.m.
Adjourned: 11 :35 a.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, Paula A.
Lewis, Chris Craft, Joseph Smith
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County
Attorney, Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation Director,
Don West, Public Works Director, Mike Bowers, Utilities Director, Paul Phillips, Airport
Director, Dennis Wetzel, IT Director, Susan Kilmer, Library Director, Dennis Grim,
Code Compliance Manager, Mike Pawley, County Engineer, Millie Delgado-Feliciano,
Deputy Clerk
1. MINUTES (1-029)
It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the
meeting held May 3, 2005, and; upon roll call, motion carried unanimously.
2. PROCLAMA TIONS/PRESENT A TIONS
A. Resolution No. 05-130 Proclaiming May 21, 2005 through May 22,
2005 as "Wings N Wheels Air, Military and Vehicle Show Weekend
in St. Lucie County.
It was moved by Com. Craft, seconded by Com. Smith to approve Resolution No. 05-
130, and; upon roll cal1, motion carried unanimously.
B. Resolution No. 05-182 Proclaiming Saturday May 14,2005 as "Zora
Nca Ie IllI rston Day" in St. Lucie County, Florida.
it was moved by Com. Smith, seconded by Com; Craft, to approve Resolution No. 05-
182, and; upon roll call, motion carried unanimously.
C. Update on Permitting by Dennis Grim
D. The County Administrator made a presentation of the Employee
Appreciation Day Event Trophies.
E. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS
Ms. Dorothy Davis, Spanish Lakes Community representative, addressed the Board
regarding the permitting process.
Ms. Davis stated she is extremely pleased with the way the Permitting Department has
addressed her complaint regarding the issuing of permits taking a long time.
Ms. Helen Dufae, employed by an aluminum company, thanked the Board and the
permitting department for taking the measures they have in order to make the issuing of
permits a smoother process.
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Mr. Jim Menton, police officer who house is located on the Lawnwood stadium property,
addressed the Board regarding the problems he is having in finding a contractor move his
home from the stadium grounds as requested by the Parks and Recreation department.
The Parks and Recreation Director advised the Board that due to the department hiring
Park Rangers, he felt there was no longer a need for the officer to reside on premises.
Officer Menton advised the Board of the many situations he has handled on the property
after the Park Rangers have left. He asked the County provide more time for him to find
a location and someone to move his trailer.
The Parks and Recreation Director stated they could give him an additional six months or
so if it meets with the Boards approval.
Com. Hutchinson stated she would like for his time to be extended. She is aware of the
many problems people are having trying to find contractors.
Com. Hutchinson requested if in the budget sessions, the Parks and Recreation staff could
give an overview of the plans for the Lawnwood stadium.
Mr. Bob Bangart, area resident addressed the Board regarding the many signs on the right
of ways. He asked the county to enforce the sign ordinance.
Mr. Jeff Furst, Property Appraiser, addressed the Board regarding his meeting with the
Department of Revenue regarding hurricane related issues. He stated 30% of his man
hours are being used to handle hurricane related issues. He advised the Board that Senate
Bill 1194 was put together that said in affect they would go away from the percentage of
value and go to the percentage of size. The compromise was 110%. If the replacement
structure does 110t exceed 110% of the old structure, then he would place the structure
back at the old cap value on the roll and there would be no loss of homestead protection
and as long as they replace it with something of similar size as before they would not
have an issue with his office.
He also commented on the rebate issue. He stated the state approved 100% of what they
submitted.
Mr. Rick Langdon, Indian River Drive resident, read the attached comments into the
record.
The County Engineer addressed Mr. Langdon's comments and stated with regard to the
punch list issue they are working with the contractor to complete the punch list. With
regards to phase 1 of the embankment project, does not include asphalt, striping or any
roadway work. This project is strictly embankment, so those items mentioned by Mr.
Langdon are not part of the project. The repaving and the reconstruction will be done
through subsequent years of their resurfacing program. They will repair the areas where
the road has been damaged due to the equipment, until phase 1 and phase 2 are completed
the road will remain closed and before it is opened, Public Works staff will go out and
look at the road and make the improvements that need to be made.
Sheriff Mascara presented the Board with a FEMA reimbursement check in the amount
of $1 ,035,000.00.
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PRELIMINARY REMARKS
Madam Chair, Commissioners, ... For the record - my name is Rick Langdon and I live
at 9007 South Indian River Drive.
This is my 5th appearance before this Board concerning the Indian River Drive
Restoration works.
1. On 26 October 2004 - at budget and project approvals for Phase 1 expressing personal
support for the proposed works. Roger Sharp also expressed support, with reservations,
on behalf of the Indian River Drive Freeholders Association. This was followed-up with
an emailletter of introduction and qualification on 2 November to Craig Dunkleberger
(DET) with a copy to Mike Powley our County Engineer and Project Manager for the
works on 3 November. (No reply)
2. On 9 November 2004 - expressing Freeholder concerns for complying with MOT
requirements and expressing concerns about the apparent change issued which allowed
the installation of a "floating turbidity barrier" as erosion control protection for the
Lagoon rather than the construction plans indicated "Type IV staked silt fence". At that
meeting, as a "personal aside", Mike Powley stated that regardless of the type or erosion
control fencing installed, the contractors WOULD be required to comply with their
NPDES Pennit restrictions. This was followed-up with an emailletter 15 November
along with the hand delivery to Mike Harvey, his Intern Assistant, of a CD containing
288 photos many of which provided the "proof' requested to support the expressed
concerns. (No reply)
3. On 5 April 2005 - expressing concern about contractor non compliance in the
perfonnance, installation, and inspection of the works ... pleading and receiving the
Boards support for a Public Records request for contract documents and correspondance
concemingthe works .,. and also pleading for, and I believe receiving, the Boards
direction for the replacement of a non-confonning culvert and inlet installed on my
absentee owner / neighbors property - the replacement of which was made a
supplemental condition of access in granting our License to Access for the works. This
was followed-up with an emailletter to Mike Powley on 6 April identifying the records
requested and also requesting a face to face meeting concerning the culvert instaHation
"fiasco".(A reply was received advising that the records request would be coordinated
thru the County Attorney's office, no action or advise has been received concerning the
required culvert replacement and the response by the County Engineer and Attorney to
the records request was, to say the least, less than satisfactory.)
On 19 April I sent an emailletter to Mike Powley (with copies to each Commissioner
and various other members of staff) urging "in the strongest possible tenns" that early
completion Bonus requests submitted by the three construction contractors NOT be
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approved and that contract Retainage not be released pending completion of contract
required work. (No Reply)
4. On 26 April I last appeared before this Board and provided 3 specific areas of contract
and plan requirements which had not yet been completed by the construction contractors
including required repairs to the roadway and the r~storation of the roadways engineered
safety systems, that is, the restoration of signage removed for construction access and
roadway striping damaged or obliterated during construction... the aHeged reason for the
extension of the road closed / local traffic only status of The Drive.
5. 'roday, I appear with a very heavy, and disturbed, heart having learned in yesterday's
paper of the multiple fàtality accident which occurred Sunday morning at the very same
specific location - referred by Drive residents as "Dead Man's Curve" approximately ~
mile North of the Walton community - which was noted as a specific concern in my
letter and comments on 26 April.
Ladies and Gentleman of the Commission, I deeply resent what I perceive to be a
disregard for citizen input and concerns, or a failure to effectively communicate the value
of citizen concerns, input, and involvement to staff. From "Day 1" of this project, I have
supported the efforts of this Commission and your Staff in accepting your fiscal
responsibility to protect the public property which is The Drive by seeking a resonable
and economic solution to the problem, highligted by the September 2004 storms, and
doing so within tight time and budget contstraints. I expanded this concern as an
experienced Civil Engineer both on a personal level as a resident of The Drive and thru
public effort by offering my services, free of charge to my neighbors and the county staff,
to see that "WE" did receive what "YOU" required in issuing the county's contracts for
construction/restoration and inspection... no more / no less... only to have those efforts
ignored, rebuffed, or impeded.
I request your support in a request to be made to the Sherriff for a location and accident
history research study for traffic accidents on "The Drive" in recent history, say 1990 to
date.
Additionally, with your permission, I request that my time allotment be extended to
permit my reading into the record, a letter I prepared and distributed to your secretary this
morning, accompanied by three photographs which I took yesterday, concerning this
weekends multiple fatality accident at "Dead Man's Curve" on South Indian River Drive.
... ... ... ... ... ...
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Richard llanudon
9007 S. Indian Riwr Drive
Ft. Pierce. FL 34982-1755
E-mail: r.e.langdon@)att.net
Internet: http://mernbers.tripod.com/-RickinBham/
Phone (772) 873-4575
May 10, 2005
St. Lucie County - Board of County Comissioners
2300 Virginia Ave
Ft. Pierce, Fl 34982
Comissioners,
At The BOCC Meeting on 26 April 2005 I delivered a letter to the commission about Homeowner concerns
about "Phase 1 - Drive Restoration Contract Work" which at that date (some 5 'h weeks after "substantial
completion of the contract work) remained incomplete. Outside the content of that letter, but presented
verbally before this Commission, I extended my remarks to include the following: (from my notes)
SIRD planned reopening sch'd for the end of this week (Pcr this past Sunday's "Road Rcport in
"The for Tribune.. . (opening delayed a month+ since 24 May) road remains closed tor "Safely
concerns & Inspections". Yet nothing has changed - signage is still missing. the road has not been
restripped, & if I hear correctly. .. this has resulted in at least one, perhaps more, off roadway /
down bank accidents at "Dead Man's Curve" just North of the Walton Community. Commissioner
Craft was questioned about this accident and the lack of progress on contract completion at our
Indian River Drive Freeholders Meeting on Thursday, 21 April 2005
Most regretably I appear before you again this morning" with some photographs I took yesterday morning
about lOAM (on a perfectly clear sunny day) after reading in "The Tribune" of a double fatality at this same
location. This accident occurred Sunday Morning May 8th at approximately 1 :30AM. From the
photographs, a loss of control due to a "slight" off pavement excursion (about 2') and over correction is
apparent. However contrary to the report in "The Tribune" a counterclockwise rotation does not seem to be
indicated. Rather it would appear that the vehicle involved proceeded diagonally off the embankment under
braking. Grossly excessive speed does not, in my opinion, appear to be a root cause in this fatal accident.
Rather, I contend that a "root cause / major contributing factor" of this accident is the incomplete Phase] -
Drive Restoration Contract Work (pavement repairs, restripping, and replacement of roadway signage
removed) ... work which now, an additional two weeks past my appearance before this ßoard on 26 April.
pleading for your consideration in directing that this work be completed ... has, in my opinion, now
contributed to yet another fatal accident at this location.
Please pause a moment in rememberance of Alejandra Reyes (age 19) and Sandra Morales (age 19) .......
Also, pray for the swift and complete recovery of Roberto Pantaleon (age19, critically injured at St.
Mary's), Ivan Andredi (age 20, critically injured at St. Mary's) and Steve Carrera (age25, who suffered
"minor" injuries and was treated at St. Lucie Medical Center).
In the photographs on display (taken looking generally South), PLEASE take note of the almost obliterated
west side lane edge and center line striping and absence of center reflectors in the single large photo ......
and the obliterated, or covered with dirt, east side lane edge stripping. In perfect, daylight conditions the
lane marking is very ditlicult to sec. At night, lane and edge of pavement designation, all along The Drive.
is very nearly impossible to determine. Please also note that both North and South of this deadly set of
reverse CUlVes, which is also accompanied by "minus" and "plus" changes in elevation, a series of CUlVe
Approaching signage which, I believe preexisted, and was removed ftom the East shoulder during
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reconstruction has not yet been restored and the reverse curve /25 MPH advance warning signs which, prior
to their removal, were solar powered / battery lighted signs are now only unlit advance curve warning signs.
Finally, in the bottom photo (of the double printed photos) please take note of the book open at the top of
the bank. TWs, along with several other pieces of accident debris not removed trom the scene oftWs fatal
accident including car parts, a tee sWrt and several blood soaked towels was most disturbing. It is a college
text book - STUDY GUIDE AND SOLUTIONS MANUAL for ORGANIC CHEMISTRY. I have no idea
whose text this was, but it's obvious that at least "someone" involved in this accident had (and hopefully still
has) a very promissing future - perhaps a future Chemist, Doctor, Pharmasist, or Nurse.
Commissioners we all know that "most" often - youthfull indescretion is either unnoticed or overlooked and
all to often goes unpunished. Only rarely does it result in fatality ... or in this case multiple fatalities.
In this particular case, "you" / 'we" I "St. Lucie County" is my neighbor on The Drive. "We" own the
property along this section of The Drive. PLEASE join with the rest oftWs neighborhood in expressing
your concern that at tWs late date, now 7 V:z weeks following "substantial completion" of the Phase I Drive
Restoration Work, the actual completion of the remaining required works is considered to be only a minor
inconvience - the completion of "Punch List Work".
Also, while photographing this accident location a neighbor and fellow Freeholder from South of Walton
Rd. also slopped. In conversation with him. he reveled that he had recently sullèrred a broken /sheared bolt
ill the lÌ"<mt suspension of his recently restored late bO's Corvelle duo to pot holes in the roml nenr his home.
Fortunately, this did not result in a trallic accident and he was nearly home. He also advised that "DEl''' had
inspected the conditions (after the fact) agreed that, yes, the pothole / failed pavement was the cause and
advised him to submit the repair bill for reimbursement (1 assume - from the county). 1 believe "this" hole
has been marked with yellow paint, yet it still remains unrepaired.
The lack of progress toward completion of contract required work is so very much more than an
inconvience - it is an outrage. PLEASE direct that this work be completed without further delay
Respectfully submitted for your consideration,
R.E. (Rick) Langdon
9007 South Indian River Drive
(772) 873-4575
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4. CONSENT AGENDA (1-3417)
It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent
Agenda with the amended language on item C2-E, and; upon roll call, motion carried
unanimously.
1. WARRANT LIST
Thc Board approved Warrant List No. 32.
2. COUNTY ATTORNEY
A. Resolution No. 05-192 and Resolution No. 05-193- The Board
approved Resolution No. 05-192, extending the State of Emergency
for Hurricane Frances and approved Resolution No. 05-193 extending
the State of Emergency for Hurricane Jeanne.
B. Escrow Monies- The Board authorized the return of Escrow Monies.
C. Resolution No. 05-180 - The Board approved Resolution No. 05-180
reducing the speed limit on Juanita Avenue beginning at a point of
4,224 feet west of the intersection of25111 St., 0 a point of 1,890 feet
west to the end of the school zone for the Kilpatrick Christian
Acadcmy of Excellence, Inc., which School Zone shall have a speed
limit of 20 miles per hour on school days in St. Lucie County.
D. Agreement of Resignation, Appointment and Connection- The Board
approved the Agreement of Resignation, Appointment and Connection
and authorized the Chairman to sign.
E. Road Construction Agreement- Atlantic Title Company of Orlando,
Inc.- The Board approved the Road Construction Agreement as
amended to include the language requiring a bike path in the plan and
authorized the Chairman to sign the Agreement.
F. Revocable License Agreement- James P. Covey and Judy K. Covey-
The Board approved the Revocable License Agreement, authorized the
Chairman to sign the Revocable License Agreement and directed
James and Judy Covey to record the Agreement in the Public Records
of St. Lucie County Florida.
3. PARKS AND RECREATION
A. Concession Services -Fairgrounds RFP No. 05-031- The Board
authorizcd staff to negotiate with the top ranked responsive,
responsible proposer, Professional Concessions, Inc., approved the
contract as drafted by the County Attorney, and authorized the
Chairman to sign.
B. Request for approval to serve alcohol at Pepper Park- The Board
approved Lincoln Park Academy Class of 1995's request to serve
alcohol at Pepper Park during the reunion on July 17, 2005.
C. Golf Course Designer/Fairwinds Golf Course Expansion RFP No. 05-
022- The Board approved awarding RFP No. 05-022 to Tommy
Fazio, LLC as recommended by the Selection Committee, approved
the contract to be drafted by the County Attorney as funds are
determined to be available anticipated to be on or after the new fiscal
year begins, October 1, 2005, approved the contract as drafted by the
County and authorized the Chairman to sign.
3
05/06/05
FZABWARR
FUND
001
001160
001165
001168
001290
001293
001294
001814
101
101001
101006
101105
101106
102
102001
102202
105
107
107001
107002
107003
111
112
115
122
126
129
139
140
140001
140317
140329
160
183
183004
183006
184205
184207
185005
295
305
316
362
39007
401
418
\..f'
ST. LUCIE COUNTY - BOARD
..,;
WARRANT LIST #32- 30-APR-2005 TO 06-MAY-2005
FUND SUMMARY
'l'ITLE
General Fund
Section 112/MPO/Planning FY 04/05
CSBG Grant FY05
Urban Mobile Irrigation Lab 04/05
CTD Medicaid Non Emerg. Trips
TDC Planning Grant FY 05
FDCA/EMPA 2005
Floridian Aquifer Well Monitoring N
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/Impact Fees
FDOT-Hurricane Jeanne-Damage Cty Rd
USDA (NRCS) Emergency Watershed Prt
Unincorporated Services Fund
Drainage Maintenance MSTU
FDEP Platt's Creek Stormwater Deten
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
River Park I Fund
River Park II Fund
Sheraton Plaza Fund
Paradise Park Fund
The Grove Fund
Indian River Estates Fund
Southern Oak Estates Lighting
Parks MSTU Fund
Palm Grove Fund
Port & Airport Fund
Port Fund
Construct Taxiway II A" Extension
FDOT-Taylor Creek Restoration/Acqui
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FDEP Fort Pierce Shore Protection P
FDEP Buroau of Beaches & Coastal Sy
FHFA SHIP FY04/05
River Branch I&S Fund
Beach Acquisition Fund
County Capital
Sports Complex Improv Fund
Indian River Estates MSBU
Sanitary Landfill Fund
Golf Course Fund
,I
EXPENSES
366,526.52
37,274.26
41,344.83
97.72
52,682.00
48.28
3,938.04
100.37
22,734.10
276.00
56,725.00
30,088.09
2.06
8,280.06
999.88
224,915.40
93,247.37
387,594.79
450.61
1,629.13
5,454.04
2,631.59
565.40
474.55
664.35
164.84
936.93
116.51
245,329.90
704.36
11,107.12
2,826.98
23,084.00
36,400.00
405.86
443.87
225.37
9.76-
11,163.04
4,687.40
160.83
3,322.84
133,245.00
6,659.82
95,000.00
250.00
58,121.09
17,429.46
PAGE
PAYROLL
544,987.90
6,310.83
1,530.48
1,312.01
0.00
643.55
0.00
1,312.01
125,506.53
0.00
0.00
0.00
27.34
48,182.87
5,555.95
0.00
847.20
82,749.90
914.80
27,038.59
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
10,722.81
0.00
0.00
0.00
2,852.80
1,171.85
3,049.23
0.00
0.00
0.00
2,200.95
0.00
0.00
0.00
0.00
0.00
57,626.02
24,239.47
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05/06/05 ST. LUCIE COUNTY - BOARD PAGE 2
FZABWARR WARRANT LIST #32- 30-APR-2005 TO 06-MAY-2005
FUND SUMMARY
FUND
421
441
448
449
451
458
461
471
478
0179
481
491
505
505001
606
611
650
666
681
682
683
689
690
TITLE
H.E.W. Utilities Fund
North Hutchinson Island Utilities
NHI Util-Renewa1 & Replacement Fund
NHI Util - Capital Facilities Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports ·Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Airport Utilities District
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Shared Pool Cash-Property Appraiser
Tourist Development Trust-Adv Fund
Agency Fund
SLC Economic Development Trust Fund
King Orange 2
Skylark 2
Revels Lane 1
Rouse Road MSBU
Treasure Cove/Ocean Harbor S MSBU
GRAND TOTAL:
".'
EXPENSES
167.08
53,478.47
15.99
10,613.06
12,850.96
30.01
17,050.17
8,927.42
8.14
227,330.21
32.09
13,082.99
4,033.39
3,150.28
200,000.00
289.17
4,849.95
50,000.00
6,687.52
5,285.29
3,990.94
2,795.30
5,880.88
2,621,069.21
PAYROLL
365.05
3,751.09
212.72
549.54
1,646.17
396.81
15,510.86
4,212.07
107.72
580.91
428.83
64,491.61
3,179.56
2,038.71
0.00
3,801.54
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,050,056.28
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D. Resolution No. 05-175 (Revised Rates and Fees for the Port St. Lucie
Pool at Revenswood) - The Board approved Resolution No. 05-175
revising the admission fees for the Port St. Lucie Pool at Ravenswood.
E. Authorization to purchase a storage shed for Open Space Park- The
Board approved the purchase ofa storage shed ($4,120.00) to
safeguard the ground maintenance equipment at Open Space Park.
F. Open Space Pool Construction- Change Order No.1 to Contract C04-
05-415 awarded to RDC, Inc., by $4,402.78 to cover the pennit fees.
4. ADMINISTRA nON
A. Environmental Hearing Board- The Board ratified the at large
appointment of Ralph Fogg to the Environmental Hearing Board.
B. The Board ratified Com. Cowards' appointment of Matthew Walter to
the Bicycle Pedestrian Advisory Committee.
C. The Board ratified Com. Craft's appointment of Gary Manzo to the
Bicycle Pedestrian Advisory Committee.
D. The Board approved the changes to the Board of County
Commissioners scheduled meetings for 2005.
E. The Board ratified Com. Smith's appointment of Eddie Whitfield to
the Emergency Medical Services Advisory Council.
F. The Board ratified Com. Smith's appointment ofMajorie Harrell to
the Historical Commission.
5. MANAGEMENT AND BUDGET
A. Adopt Budget Resolution No. 05-178- The Board adopted Resolution
No. 05-178 establishing the budget for the St. Lucie County Indian
River Lagoon Shoreline Restoration Grant.
B. Adopt Budget Resolution No. 05-179- The Board adopted Resolution
No. 05-179 establishing the budget for the Shoreline Stabilization and
Rc- V cgctation.
C. Budgct Amcndmcnt No. 05-137 - Thc Board approved Budget
Amendment No. 05-137 reflecting the correction of a scrivener's error.
6. COMMUNITY SERVICES
A. FY2004/05 Community Services Block Grant Modification - The
Board approved the proposed Modification Agreement with the
Florida Department of Community Affairs for the FY 2004/05
Community Services Block Grant, and approved Budget Resolution
No. 05-187 and authorized the Chainnan to sign all documents
necessary for acceptance of the modification.
B. Request for Board approval- The Board approved applying and
accepting the Rural Capital Assistance Support Grant, in addition,
authorized the Chair to sign Resolution No. j05-190 and other
documents associated with the grant application and grant contract.
7. PURCHASING
A. Pennission to Advertise- The Board approved advertising for
proposals for Auditing Services.
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B. Permission to Advertise- The Board approved advertising an Invitation
to Bid for a Tensioned Fabric Structure.
C. Invitation to Bid No. 05-038-Purchase of one 55' trailer- Reject all
bids- The Board rejected all bids.
D. Second Amendment to Contract No. C03-04-294- with Dickerson
Florida Inc.,- The Board approved the Second Amendment to Contract
No. C03-04-294 with Dickerson Florida, Inc., (secondary vendor) for
the purchase of Asphalt Type S3, Type S I and Asphalt Stickler for the
patching and repairing of public roads in S1. Lucie County and
authorized the Chainnan to sign the amendment as prepared by the
County Attorney.
E. Second Amendment to Contract No. C03-04-295 with Ranger
Construction Industries, Inc.,- The Board approved the second
amendment to Contract No. C03-04-295 with Ranger Construction
Industries, Inc., for the purchase of Asphalt Type S3, Type S I, and
Asphalt Stickler for the patching and repairing of public roads in S1.
Lucie County and authorized the Chainnan to sign the amendment as
prepared by the County Attorney.
F. Award ofRFP No. 05-021- Architectural Services Continuing
Contract- The Board approved awarding RFP 05-021 Architectural
Services Continuing Contract to the following short listed finns: 1.
Edlund Dritenbas Binkley Architects, 2. Architects Design Group, 3.
GLE Associates, Inc., 4. Schenkel Shultz Architecture; and approved
the Chainnan signing the contracts as prepared by the County
Attorney.
G. Pennission to Advertise- The Board granted pennission to advertise
and Invitation for Bid for Construction of a 4-Bay Maintenance
Building (3250 sit) and an attached 3-Bay Pole Barn (1800 sit).
H. Pennission to advertise- The Board approved advertising an invitation
for bid for repair of the press boxes, concessions and re-roofthe
pavilion with a metal roof at Elks Park.
1. Pennission to advertise - The Board approved advertising an
Invitation for Bid for Rcmovable Floor Covering for the Adams Raneh
Equcstrian Arena.
8. GROWTH MANAGEMENT
A. Approval of nominated citizens- The Board approved the nominated
citizens to serve on the BicycIelPedestrian Advisory Committee.
B. Approve EQ No. 05-323 for a Dell Laptop and EQ No. 05-324 for a
Dell Projector- The Board approved EQ 05-323 and EQ-05-324.
9. CENTRAL SERVICES
Ccntcx Rooncy Schckcl Shultz Dcsign/Builders, L.c.- Rock Road Jail Expansion
Project- The Board approved releasing the retainage one half of all retainage withheld in
the amount of$487,355.00 to Centex Rooney for the design and construction of the Rock
Road Jail Expansion.
5
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1 O. PUBLIC WORKS
E.
F.
G.
H.
1.
J.
A.
Engineering Division- Platt's Creek Stonn Water Retrofit Project-
The Board approved the extension ofthe DEP grant Agreement No.
WAP061.
B.
Engineering Division- One year extension to the Consultant
Agreements for Professional Engineering Services Constmction
Management- The Board approved the one year extension to the
consultant agreements for constmction management with American
Consulting Consultants of Florida LLC, Kimley Home Associates and
LBFH, Inc. and authorized the Chainnan to sign.
C.
Engineering Division- One year extension to Consultant Agreement
for Professional Engineering Services Stonnwater Management- The
Board approved the one year extension to the consultant agreement for
stonnwater management with Kimley Home Associates, PBS&J,
Hazen & Sawyer, P.c. and Bowyer-Singleton & Associates and
authorized the Chainnan to sign.
D.
Hannony Heights Stonnwater improvements- Phase 1- The Board
approved signing the South Florida Water Management District, Local
Governmental Agreement No. OT 050698 to accept the funding of
$336,780 for Hannony Heights Stonn Water improvements project
phase 1.
Paradise Park StonnWater Improvement Project-Phase 1- The Board
approved signing the South Florida Water Management District, Local
Governmental Agreement No. OT050699 to accept the funding of
$224,596 for Paradise Park Storm Watcr Improvemcnt projcct.
Engineering Division- Approval of Work Authorization No. 2- The
Board approved Work Authorization No.2 with Inwood Consulting
Engineer, Inc., for the Survey and Preliminary Design of the Angle
Road Sidewalk project in the amount of$49,920.55.
Engineering Division- Budget Resolution No. 05-185 - The Board
approved Budget Resolution No. 05-185 to accept funds in the amount
of $16,424.00 from River Oaks at Ten Mile Creek, LLC for the
constmction of their rightturn lane into their subdivision in
conjunction with the S. 25th St. Widening Project and authorized the
Chainnan to sign.
Engineering Division- Lake Drive MSBU- Potable Water
Tmprovements- The Board approved advertising the. initial public .
hearing to be held on .Iune 7,2005 to consider creatl11g the Lake Dnve
MSBU.
Environmental Resource Division-Oxbow Eco-Center- The Board
approved for the Ft. Pierce J azz ~ociety to ser~te wine a~[? cheese
during Natural Jazz Concert SerIes on May 21 , July 23 , and
September 24th 2005.
Engineering Division- The Board approved the consu1ta~t agreement
with John Frank: P.E. to provide civil engineering and project
management services for a six month period with optional six month
extension and authorized the Chainnan to sign.
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K.
Building and Zoning Division- The B d
ofPennitt" S .". oar approved the new position
I mg ystems Tramer WIth a salary range 0 f $12 71 to 19 3 9
an 10ur. . .
L.
Engineering Division- Sunland Gardens Phase II MSBU- TI B d
app~oved Work Authorization No.1 to the A reem 1e. o~r
Engme~ring Serv~ces with LBFH, Inc., in thegamou~~t07~~~n~~;~5
to provIde surveymg services and authorized the Chainnan to 'exe~ute.
Engineering Division- Grey Twig lane MSBU A W k
A h . . - pprove or
ut onzatIOn 2- The B.oar~ approved Work Authorization No.2 to
~he A~reement for Contmumg ~~gineering Services with LBFH, Inc.,
m th~ amount of $6,~00 for additIOnal Construction Administration
ServIces, and authorIzed the Chainnan to execute.
M.
N.
Engineering Division- .Su~land Gardens Phase II MSBU- The Board
app~oved. Work AuthonzatIOn No. I to the Agreement for Continuing
Engmeenng Servic.es with Camp, Dresser & McKee in the amount of
$73,880.00 to provIde assessment services and authorize the Chainnan
to execute.
O.
Engine~rin.g Division- Hannony Heights MSBU- Approve Work
AuthonzatIon No. 2- The Board approved Work Authorization No.2
to the Agreement f?r Continuing Engineering Services with Camp,
Dresser & McKee m the amount of$75,480.00 to provide assessment
services, and authorize the Chainnan to execute.
Engineering Division- Lennard Road 1,2 and 3 MSBU- The Board
approved Work Authorization No.3 to the Agreement for Continuing
Engineering Services with Camp, Dresser & McKee in the amount of
$4<),410.00 to provide assessment services and authorized the
Chairman to execute the Work Authorization.
Engineering Division -Reallocation of funds in the amount of
$326,316. to increase the S. 25th St., Widening Project budget- The
Board approved the reallocation of $326,316.00 in additional funding
from Impact Fee Zone 4 to complete the right of way purchases for the
St. 25th St. widening project.
Engineering Division- Indian River Estates 2 MSBU- Potable Water
Improvements SLC/FPUA- The Board approved advertising the initial
public hearing to be held on June 7, 2005.
11. AIRPORT
A.
Change Order No. 2- Florida Industrial Electric- The Board approved
Change Order No.2 to Florida Industrial Electric in the amount of
$257,0 I 9.28 for the Rehabilitation of Airfield Lighting Project at 8t.
Lucie County International Airport.
B.
Wings ami Wheels Air Military and Vehicle Show, Airport Use
Agreement Amendment- The Board approved he Use Agreement
Amendment with Treasure Coast Victory Children's Home, Inc., to
conduct a Wings and Wheels Air Military and Vehicle Show at the St.
Lucie County International Airport on May 21st and 22nd 2005.
Permission to sell alcohol- Wings and Wheels Air Military and
Vehicle Show- The Board granted permission to the Treasure Coast
Victory Children's Home Inc. to sell alcoholic beverages ~t the Wings
and Wheels Air Military and Vehicle Show at the St. LUCIe County
International Airport on May 21st and 22nd 2005.
c.
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Shadow Studv/L' f·
B J' me 0 sIght An 1 .
oard approved W a YSIs/PBS&J fc $
$60,000.00 for the ork Aut~orization No. 8 wit~rp:O,ooo.oo - The
Analysis for the pr:reparatlOn of the Shadow Stud ~L~J for
International A' posed parallel runway at St L y.. me of sigh
IrpOrt. . UCIe County
12. INVESTMENT FOR THE FUTURE
R.ealIocation of budgeted IF
SIemens Buildin Tec F. funds: The Board ap rove .
County Emergen~y Op~~~?gIeS/BID No. 05-033 f~ wor~ :~ep~ng the low bidder
as prepared by the Count ~~s Center Phase II , authorizing th~ C~n~ at th~ S1. Lucie
above listed Investment ~r tl o;ey. In addition the Board approve~Ir tOl:Ign ~he contract
completin the s 1e uture Funds in the amount f rea ocatmg the
g cope of work as outline in Bid #05-033. 0 $59,000.00 to assist with
D.
13.
HUMAN RESOURCES
Hurricane Frances and Jeanne compensation for ex
The Board approved the compensation fo empt employees of Code Compliance-
r exempt employees of Code Compliance.
REGULAR AGENDA
5.A No Public Hearings
6. COUNTY ATTORNEY (2-342)
Inter1?cal Agreement for the Transfer of Sunrise Boulevard to the City of Ft. Pierce-
ConsIder staff recommendation to approve the Interlocal Agreement and authorize the
Chairman to sign.
Ms. Julianne Roddenbury, area resident, addressed the Board in opposition to the City's
plan to construct a round about at the intersection. She expressed her concern with the
Fire Trucks, people with boats and trailers attempting to maneuver their way around the
round about. She also expressed her frustration with the fact that the city has not asked
the residents their opinion on this project.
Ms. Roddenbury stated she was not against the county transferring the road to the City,
but was opposed to what the city planned for the road.
The Road and Bridge Manager stated the funds the county had for re-surfacing would be
turned over to the city.
Mr. Hector Arias, Ft. Pierce City Engineer, addressed the Board regarding the project and
stated at this time the city has not budgeted any funds for this project due to the (~\ct they
do not have the right orway property from the county. I-Ie advised the Board there arc
10,000 cars utilizing the intersection on a daily basis.
Mr. Andrews also from the City ofFt. Pierce advised the Board they have a special
program developed in order that Fire Trucks and boats etc., would not have a problem
maneuvering in the round about. The Fire Department will be reviewing this plan.
Mr. Arias stated the city would be having public meetings on this issue and stated this
area has been neglected for 25 years and this would be a great improvement. He does not
believe the city would be doing anything against the citizens.
Com. Smith questioned the length the time the roads are resurfaced.
Mr. Arias stated the city resurl~lces the roads every 10-15 years.
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Com. Hutchinson stated th" .
of coordination and comm IS ~s ~ ISSue that is dear to her h
lack of communication andu~~ca~~n b.etween the entities an~a~ t~e roads. There is lack
or matIOn lies whether it b e IS not sure where the
~he stated the joint plannin a e at the staff level or what.
~s an example of the lack g greem~nt signed last week sh .
m fact they had worked w~t~1commumcat~on. She would hav~ ~o:es It will help, but this
last say, but at least if there isthe C~~nt~ m preparing this not to ette~ comfort level if she
you will be affecting a C COor matIon in regards to the d· say t 1e County has the
.t ounty road Th nveway cuts t .
CI yapproves or chan . . ere needs to be a bett . e c., m fact
transfer of this road f~re~]~~mgs when it affects the county. S~ec~or~m~tion of ",,:hen the
city/county residents. reason. She feels the citizens are not bo~ t e approvmg the
emg treated as
Com. Coward requested clarity on all the '.
were all annexed and in the city and if it a~::~:drtIes lIsted on. the map and asked if they
any propertIes.
Mr. Arias stated they would not be cutti .
properties. ng any dnveways, so it would affect any
~r. Aria~ questioned why the residents called h .
mfonnatIOn. He is willing to addres t e county and not hIS office for
s any concerns or questions.
Com. Coward stated he has mixed feelings about th" .
lack of public involvement. He suggested havin t~~ proJ<:ct. On~ of hIS concerns is the
the transfer of the road to the city. g publIc meetmg before approving
Com. Craft askeel if this can be placed as a condition. H
back to the Board. e would prefer this not eome
Mr. Arias stated this would be acceptable.
Com. Smith expressed his concern with approving the transfer Prior to the Public h .
ld l'k . . eanng.
He wou 1 e to know how the cItIzens feel before approving the transfer.
Com. Hutchinson stated this may be an issue to discuss (the entire road system) in the
upcoming joint meeting with the city.
Com. Lewis stated she had concerns on this issue and how the road would work without a
stop and how these residents are going to get out of their driveway. She would like to
hear public in put and would like this stipulation in the motion.
It was moved by Com. Craft, seconded by Com. Lewis, to approve the transfer with the
condition that the city has a public workshop, and; upon roll call the vote was as follows:
Nay's: Coward, Smith, Hutchinson Aye's: Craft, Lewis; motion denied by a vote of 3 to
2.
It was moved by Coward, seconded by Com. Smith to have the public involvement
meeting, address the issues, and then come back to the Board for the potential transfer,
and; upon roll call, motion carried unanimously.
7.0rdinance 05-016- Stop Gap Ordinance- North County Charrette- Based on prior
direction from a majority of the Board, staff recommends that the Board grant permission
to advertise Ordinance No, 05-016.
The County Attorney addressed the Ordinance and stated it may be August before it
comes back to the Board.
Com. Coward stated he wanted to be extremely cautious and clear that this Stop Gap
Ordinance as dralled is intended to deal with speculative development interest they have
experiencing in North County and not take away property rights.
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Com. Hutchinson stated she would not be supporting this Ordinance for the reasons
previously stated in prior discussions. She believes this Board would continue its ground
as they have in the past if any project came forward. She does not see where it will gain
them anything.
Com. Hutchinson asked to have a list of projects already in the pipeline clearly defined
and also an update to the Comprehensive Plan 1 0 year density analysis.
It was moved by Com. Craft, seconded by Com. Coward to approve advertising this
Ordinance, and; upon roll call, the vote was as follows: Ayes: Com. Craft, Lewis, Smith,
Coward; Nay: Hutchinson, motion carried by a vote of 4 to 1.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chainnan
Clerk of Circuit Court
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AGENDA REQUEST
ITEM NO. "x It
DATE: May 17, 2005
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. 05-201- Proclaiming the week of May 29, 2005 through June 4, 2005, as "Hurricane Awareness
Week" in S1. Lucie County, Florida.
BACKGROUND:
Donna James, MSW, Project HOPE Manager, for Project HOPE, Department of Children and Families,
Substance Abuse and Mental Health, has requested that this Board proclaim the week of May 29,2005 through June
4, 2005 as Hurricane Awareness Week in S1. Lucie County, Florida. The attached Resolution No. 05-201 has been
drafted for that purpose.
FUNDS AVAIL.:
PREVIOUS ACTION:
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution No. 05-201 as drafted.
!XI APPROVED [] DENIED
[ ] OTHER:
CE:
COMMISSION ACTION:
Approved 5-0
Do g as Anderson
County Administrator
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Review and Approvals
\
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county Attorney: Management & Budget
Originating Dept. Other:
Finance: (Check for Copy only, if applicable)___
...."
purchasing
Other:
Eff. 5/96
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RESOLUTION NO. 05-201
A RESOLUTION PROCLAIMING THE
WEEK OF MAY 29,2005, THROUGH JUNE
4, 2005, AS "HURRICANE AWARENESS
WEEK" IN ST. LUCIE COUNTY,
FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida,
has made the following determinations:
1. Project HOPE (Helping Our People in Emergencies) is a crisis counseling
team whose sole mission is to provide emotional support, hope and guidance to
communities affected by n" " /:JA----.
2. Project HOPE'S_-:d~'f~~~.._._lude an emergency
response phase (72 hours. ..' .. --. -es ._. _lse (0-60 days) and
long·term recovery operati,·.YlLÜ1iuiil1i£DrcWflo.. .. .' . .
3. The pnmary goa]...úu..~l1fl~£-~·-r VlctunS m copmg
with the psychological afte ~.:.__._......- ....-......... inkage with other
individuals and agencies
4. From September 4
_ __ ~_, .-..vv""%, .L wject HOPE served
27,714 people, including children, minorities and the elderly.
5. Project HOPE's hotline is available 24/7 to provide crisis referral services to
callers who need support and assistance to cope with the impact of hurricanes, and has
been providing these services to survivors of hurricanes Charlie, Frances, Ivan, and
Jeanne.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
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Commissioners of St. Lucie County, Florida:
1. This Board does hereby proclaim the week of May 29, 2005, through June 4,
2005, as "HURRICANE AWARENESS WEEK" in St. Lucie County, Florida.
2. BE IT FURTHER RESOLVED that a copy of this Resolution shall be
presented to Mr. Jeff Standring, on behalf of Project HOPE.
PASSED AND DULY ADOPTED this 17th day of May, 2005.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
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Project HOPE
Department of Children and Families
Substance Abuse and Mental Health
337 N. 4th St.
Suite A Rm. 307C
Ft. Pierce, Florida 34950
772-595-1350
Fax 772-429-2049
~
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lIr People \\'1 ~
May 9 I 2005
County Commission
Att: Liz Martin
2300 Virginia Avenue
Fort Pierce, FL 34950
Dear Ms. Martin,
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The following is to follow up to our request for PROCLAMATION declaring the
week of May 29,2005 to June 4,2005 as a Hurricane AW(lreness Week. Enclosed
please find a sample proclamation per your request to be swbrntffédOn the May 1'ð~
County Commission meeting agenda. Jeff Standring will be. in attendance to accept
the proclamatIon on behãff of Project HOPE.
Please feel free to contact me at 772-360-9110 if you need any information.
c..e- ~ \
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JGW "s'-\w./cbh-ìr
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PROCLAMA TION
OF THE BOARD OF THE COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY
DECLARING THE WEEK OF MAY 29, 2005 TO JUNE 4,
2005 AS HURRICANE AWARENESS WEEK
WHEREAS, Project HOPE (Helping Our People in Emergencies) is a crisis
counseling team whose sole mission is to provide emotional support, hope and guidance
to communities affected by natural disasters; and
WHEREAS, Project HOPE's federal crisis counseling programs include an
emergency response phase (72 hours post incident), immediate response phase (0-60
days) and long-term recovery operations (9 months); and
WHEREAS, the primary goal of crisis counselors is to assist disaster victims in
coping with the psychological aftermath of disasters and to encourage linkage with other
individuals and agencies for additional support; and
WHEREAS, ftom September 4 - December 12, 2004, Project HOPE served
27,714 people, including children, minorities and the elderly; and
. WHEREAS, Project HOPE's hotline is available 24/7 to provide crisis referral
services to callers who need support and assistance to cope with the impact of hurricanes,
and has been providing these services to survivors of hurricanes Charlie, Frances, Ivan
and Jeanne;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF
COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, assembled in
regular session this 17th day of May, 2005, that the week of May 29th - June 4th, 2005, in
St. Lucie County, be declared as:
Hu"icane Awareness Week
BE IT FURTHER PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, that this Proclamation,
duly sealed and ribboned, be executed by the members of this Board,
The foregoing Proclamation was sponsored by Commissioner and
upon unanimous consent of the Chairman declared the Proclamation duly enacted.
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RECOMMENDED PLAN AMENDMENT
REVIEW SCHEDULE
íTVC Element & Other Plan Amendments)
· May 18th Landowners Steering Committee
Meeting (Requested by TCRPC staff)
· June 16th Planning & Zoning Commission:
Public Hearing Review of the
Compo Plan Amendments
(a 2nd meeting may be required)
· July 21st Planning & Zoning Commission:
Public Hearing Review of the
TVC Element
. August 2nd SOCC Plan Amendments:
Transmittal Public Hearing
. August 16th SOCC Plan Amendments:
2nd Transmittal Public Hearing
(if needed)
** Note - there are no SOCC night meetings
scheduled between June 7th and August 2nd.
COMMISSION ACTION:
c:::J APPROVED 0 DENIED
CXJ OTHER
First Public Hearing no action
required at this time. Amended
to hold 2nd Public Hearing on July nty Attorney ~ ¡.., or'"
12, 2005 at 6!,m or as soon ating Dept.:
thereafter that It may be heard. Finance'
Staff directed by the Board to .
agenda the Master Plan on the
12'" prior to the public hearing.
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
sA
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Agenda Request
SA
5/17/05
Item Number
Date:
Consent
Regular
Public Hearing
Leg. [ ]
[ ]
[ ]
[ ]
Quasi-JD [X]
Board of County Commissioners Presented By
Growth Management Department -----, r- 1""""'\ ~ ~
Asst. County Administrator
First Public Hearing on Draft Ordinance No. 05-113, Research and Education
Park Overlay Zone.
The Research and Education Park Overlay Zone consists of 1,614 acres of
public owned land (excludes rights-of-way) on the west side of Kings Highway
between Orange Avenue and Okeechobee Road. In 2001, the majority of
property within the proposed overlay zone was reclassified to a Special District-
Agricultural Research Park Future Land Use Designation to better recognize the
intended use of the subject lands. The proposed Draft Ordinance is the next
step in creating local land use regulations to recognize and support the
proposed Research and Education Park.
Lands within the Overlay Zone consist of a concentration of research and
education institutions, including the USDA's Agriculture Research Service and
the University of Florida's Institute of Food and Agricultural Sciences (627
acres). These public institutions plus the St. Lucie County School Board (615
acres) and the St. Lucie County Board of County Commission (372 acres) are
the owners of lands within the proposed Research and Education Park Overlay
Zone boundary. A Master Plan for the Research and Education Park is currently
being prepared and is expected to be completed by July 2005.
NIA
On April 21, 2005, the Planning and Zoning Commission unanimously
recommended approval of the proposed Research and Education Park
Overlay Zone.
No action at this time. A second and final public hearing to consider adoption of
Draft Ordinance No. 05-113, Research and Education Park Overlay Zone, will
be held on June 7, 2005.
CURRENCE:
Douglas M. Anderson
County Administrator
Coordinationl Signatures
Mgt. & Budget:
Cultural Affairs:
Purchasing:
Other:
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Board of County Commission: May 17, 2005
Ordinance No. 05-113
MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
TO: County Commissioners
FROM: Faye Outlaw, Assistant County Administrator
DATE: May 11, 2005
SUBJECT: Research and Education Park Overlay Zone Draft Ordinance No. 05-113
This is the first of two required public hearings to consider adding Section 4.03.00-05 Research and
Education Park Overlay Zone, to the Special Districts Section of the County's Land Development
Code. The proposed Draft Ordinance sets forth the specific permitted, conditional and accessory
uses and provides design standards for future development within the Research and Education Park
boundary.
Approximately 1,600 acres owned by the State of Florida, the St. Lucie County Board of County
Commissioners and the St. Lucie County School Board are included within the boundary of the
proposed overlay zone. The intent of the proposed overlay zone is to recognize the Research and
Education Park as a special planning area by providing specific land use and design standards to
stimulate a research community. The recent Future Land Use Designation change to SD (Special
District) on many parcels within the proposed overlay zone was the first step towards creating land
use provisions to guide future development within the Research and Education Park's boundary.
The next step is to adopt a Research and Education Park Master Plan, which is currently being
prepared, and amend the definition and planned development sections of the Land Development
Code.
Larry Daum, the County's Economic Development Manager reported that a recent assessment of
economic structures of St. Lucie County area compared to communities that are similar in character,
scale, access and other factors indicates that there is a gap that should result in an opportunity for
"Research & Development in Physical, Engineering & Life Sciences. The proposed Overlay Zone
and upcoming Master Plan will assist to guide development in the park in a manner that can attract
these industries and fill that gap. This will also further affirm the community's commitment to the
development of a Research and Educatio~ Park that attracts science and technological enterprises.
Some of the research and development that could take place wthin the Research and Education
Park includes the following group of studies called "Life Sciences". Following a review of the
intemet, staff has determined "Life Sciences" would encompass companies in the fields of
biotechnology, pharmaceuticals, biomedical technologies, marine science, aquaculture,
cosmeceuticals, food processing, environmental, biomedical devices, and organizations and
institutions that devote the majority of their efforts to the various stages of research, development,
technology transfer and commercialization. "Life Sciences" is generally defined as all sciences that
have to do with 'organisms', like plants, animals and human beings.
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May 11, 2005
Page 2
Petition: Research and Education Park Overlay Zone
Life Sciences include the following fields of science:
Agrotechnology Animal Science Aquaculture Biocontrol Biodynamics
Bio-engineering Botany Biology Biomaterials Biochemistry
Biomedical Biomedical Biomedical Biomolecular Biomonitoring
Engineering Imaging Systems Engineering
Biophysics Biotechnology Cell Biology Ecology Environmental
Sciences
Food Sciences Genetics Medical Imaging Molecular Biology Nanotechnology
Neuroscience Plant Science Marine Biology Oceanography Zooecology
The Planning and Zoning Commission's public hearing on this petition was held on April 21 ,2005.
At that meeting, two persons, Mr. Dennis Murphy and Ms. Caroline Viallanueva, appeared in general
support of the Draft Ordinance. At that meeting the Planning and Zoning Commission was advised
that the Master Plan was being prepared and that there may be changes to the proposed Overlay
Zone before it reached this Board. Since the Planning and Zoning Commission meeting, staff has
revised the Draft Ordinance as a result of the design workshop that was held at the Hurricane
House on April 21- 22, 2005, recommendations made during the Planning and Zoning Commission
meeting, and to add clarity to the Overlay Zone language.
Staff has determined the proposed text amendment to the County's Land Development Code is
consistent with all elements of the St. Lucie County Comprehensive Plan and is not in conflict with
other sections of the County's Land Development Code. Draft Ordinance will further the
Comprehensive Plan's economic goals, objectives and policies by creating an environment that
fosters the County's targeted research and education industries.
RECOMMENDATION
No action at this time. A second and final public hearing to consider adoption of Draft Ordinance No. 05-113,
Research and Education Park Overlay Zone, will be held on June 7, 2005.
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Assistant County Administrator
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ORDINANCE NO. 05-113
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE -BY CREATING SECTION 4.03.03, RESEARCH AND EDUCATION PARK
OVERLAY ZONE; CREATING SECTION 4.03.01, PURPOSE AND INTENT;
CREATING SECTION 4.03.02, RESEARCH AND EDUCATION PARK OVERLAY
ZONE ESTBLISHEDL CREATING SECTION 4.03.03, LIMITATIONS ON LAND
USE APPLICATIONS; CREATING SECTION 4.03.04, PERFORMANCE
STANDARDS; CREATING SECTION 4.03.05, USE LIMITATIONS; PROVIDING
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR APPLICABILITY; PROVIDING FOR FILING WITH THEDEPARTMENT OF
STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION
AND PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determination:
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
91-03 -
91-21 -
93-01 -
93-05 -
93-07 -
94-18 -
95-01 -
97-01 -
97-03 -
99-02 -
99-04 -
99-15 -
99-17 -
00-10 -
00-12 -
01-03 -
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02-29 -
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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
July 20, 1999
September 7, 1999
June 13,2000
June 13, 2000
December 18, 2001
March 5, 2002
October 15, 2002
January 20, 2004
91-09 -
92-17 -
93-03 -
93-06 -
94-07 -
94-21 -
96-10 -
97-09 -
99-01 -
99-03 -
99-05 -
99-16 -
99-18 -
00-11 -
00-13 -
02-05 -
02-20 -
03-05 -
04-07-
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
July 02, 1999
November 2, 1999
June 13, 2000
June 13, 2000
June 24, 2002
October 15, 2002
October 7. 2003
April 20, 2004
3. On April 21, 2005, the Local Planning Agency! Planning and ZoniRg Commission
held a public hearing on the proposed ordinance after publishing notice in the Port
St. Lucie News and the Tribune at least 10 days prior to the hearing and
recommended that the proposed ordinance be approved.
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Section 4.03.00
Research and Education Park Overlay Zone
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4. On May 17, 2005, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Fort Pierce Tribune on
May 2, 2005.
5. On , 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
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:
****************************
CHAPTER IV
SPECIAL DISTRICTS
40300 RESEARCH AND FDUCATION PARK - OVERLAY ZONE
40301 PURPOSE AND INTFNT
A It is the purpose of this section to protect promote and strengthen the research education and
development of the life sçiences BRa Bgricultuf@ in the area generally described as lying between
Orange Avenue and State Route 70, on the west side of Kings Highway to the North St Lucie
Water Control District Canal No 52
B It is the intent of this section to provide a district where established andnèWBgricultuf@ education,
research and scientific institutions, technological entrepreneurial ventures and support services
for these uses can develop and prosper The district sets forth uses and standards that will
protect create and promote a community of scientific excellence and innovative technology by
providing an atmosphere conducive to these activities
C This Section indicates the permitted, conditional and accessory uses and performance standards
Sl'1sded!msterial is recommended for addition
Strike tl'1ru is recommended for deletion
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Section 4.03.00
Research and Education Park Overlay Zone /'
1 tbatwill be utilized when reviewing applications for a change in zoning future land use
2 designation, site plan or building permit in the area further described in this Section
3
4 40302 RESEARCH AND EDUCATION PARK OVERLAY ZONE ESTABllSHFn
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6 A. The Research and Education Park Overlay Zone shall consist of all those parcels of land lying in
7 the boundaries of the Research and Education Overlay Zone Map as shown below and on the
8 County's Official Zoning Atlas'
9
::'Ch and Educa~on Park Ova~·Y Zone Ã
.:II.'-'-7..t"':~,.
. .. ,. ...... J,_
Canal No. 4B
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B The Research and Education Park Overlay Zone, created in Part A above is generally described
as follows'
Lands dedicated to a Research and Education Park consisting of public and private research and
education institutions and business support facilities that further the intent of the Research and
Education Park Overlay Zone .
The area is intended to accommodate research institutions, low environmental impact
manufacturing industries and commercial facilitif:!s that sUQPort . örare assbdiated with the
research and education institutions within the Researchand.Educatiön Park
4 03 03
LIMITATIONS ON lAND LJSE APPLICATIONS
Any Future Land Use Map Change within the Overlay Zone shall be to SD - Research and Education
Shadedrnatèrìal is recommended for addition
Strike thru is recommended for deletion
"
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Section 4.03.00
Research and Education Park Overlay Zone
1 Park All applications for a change in zoning within tb.e Research and Education Park Overlay Zon~ shall
2 b,et8....Ela.nn~d..N9n~~~.sid.enti.al...[)ev~loDme.nt...lPNRp\9r....PI~.~.ned....Mixed...Yse.. .Deyelop'11.e.nt.. lPfv1LJD)·.... AI.I
3 D~íI~i~~...g~~r;pitapQlicatì8r1~..··.shall.....þe.reyi~,^,ed·· .anda~grov~d.bV....th~yC3~0lNttr...flðanagement.·..Dapadment
4 [)fn;!ct8r....o.rt~~ir~s.sianst')r¡Qr....to·...the.·.·issuance. of··.construction··authorizations·...within·.·.·the·. Rese8rch.·.·.ahd
5 Educatiol'lÞarkO\1érlayZohe
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7 The appropriate location and mix of uses will be determined through the planned development process in
8 a manner that adheres to the guidelines and standards set forth in this overlay zone and the Research and
9 Education Park Master Plan Uses are to De segregated as to intensity and are to ensure compatibility with
10 sdjsceflt lands outside the overlay zone
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12 The following sub-zones are created to identify the t)lpe of permitted, conditional and accessol)' uses
13 allowed within Zone A and Zone B The sDecific uses are identified below and Section 4 03 05
LAND USE OPTIONS
I ZONE A II ZONE B I
RESEARCH APPLICATION RESEARCH AND EDUCATION ZONE
COMMEI1ICAL ZONE
PMUD & PNRD PMUD & PNRD
Allows agricUlture office pefk9 AlloWs agriculture, office, research
research and institutional uses Allows institutional uses and liaht
light manufacturing and commercial rnenyfactl,lrino W!')énconsistentwith
uses when consistent with the Future the.Fûture.·.Lahd.·Usé..Desighation
Land Use Designation
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manufacturing process Offices and commercial support facilities· may alsa be located within this zone
RRRAar~h and Edu~ation ZonR' The Research and Education Zane is established ta orovide an area of
~c¡entjfiç re!:¡¡earcb and develQDmel1t for traioinQ and prQQuction of prototvoe Qroducts plel1s or desi90s
This sub-zone is intended to accommodate research facilities orototvoe oroductian facilities and other
manufacturioa oDel"ation~ that reauir~ the continua' or recurrent aDDliçatiQn of research knowledae and
activity as an integral~art of the manufacturing process
4 03 04
PERFORMANCE STANDARDS
The following performance standards shall be maintained for approval of any planned development within
the Research and Education Park Overlay Zone The Research and Education Park Overlay standards
shall supersede when more limiting than other provisions of this Code
Shaded material is recommended for addition
Strike tl'lru is recommended for deletion
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A Building Height'
Maximum height for any structure shall be 60 feet
B. Signs:
Signs for all uses within the Research and Education Center Overlay Zone shall conform to the
requirements of Section 9 01 01 (E) (Commercial, Neighborhood) of this Code
C. L.:ot Coverage by Buildings'
Zone Ä'
Zone B'
50% maximum lot coverage by buildings
25% maximum lot coverage by buildings
50% lot coverage by structures utilized for agricultural production purposes
D. Minimum Vel'd requir:eme"ts'
1.) Zo"e Ä'
50 feet fmm pUBlic str:est right of 'I.'ey li"es
2S feet fmm side e"d r:eer lot li"es
2.) ZOM B'
100 feet from pUBlic str:eet right of '#ey li"es
50 feet fmm side e"d r:eer lot li"es
Minimum yard and minimum lot size requirements will be determined through the planned
development process
Buìldings under the site Dlan threshold shall meet the minimum vard reQuirement of the Drooertv's
underlining zoning district
n Minimum Lot Size l1equir:eme"t· O"e (1) Acr:e
E. Landscaping Requirements'
LandscaDinQ reQuirements related to screenina uses outside the Research and Education Overlav
Zone boundar:y, retention of native landscapes, drought,;,tolerate vegetation and exotic removal
shall be subject to Section 7 09 00
Lªod~caDe buffer$ alonQ rQadwavs and betlðleeo Llses witbio tbe l3es~an;h ~nd Eôucatiol') Overlay
Zone shall be determined as Dart of the Dlanneddeveloóment nrocess and in all cases shall be
consistent witb ttle intent of the Resear.c;haod Educatioh Overlay Zone and the Research and
Education Park Master Plan
F. Off-street Parking and Loading Requirements
Off-street parking and loading requirements are subject to Section 7 06 00 A 15% reduction may
be applied if the Planned Development contains two or more uses Agricultural production
structures are not subject to the requirements of Section 7 06 00
4.03.05
RFSEARCH AND EDUCATION PARK OVERI AV ZONE USE REGULATIONS
The purpose of these regulations is to provide and protect an environmental suitable for agriculture
education and research with such other uses as may be necessar:y to and compatible with these primar:y
Shadèdmatériat is recommended for addition
Strike thN is recommended for deletion
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uses Uses are identified by their SIC (Standard Industrial Classification) Code (00) The identified use
shall only be allowe.~. when consistent with the properties Future Land Use Designation and the Zone A
and SHand l..Jtise Oðptions set forth in Section 4 03 03 and the Research and Education Park Master
Elan..
A.
PERMITTFD U$ES
(Notes: Te uses below include the fife sciences with a focus on
agriculture)
The permitted uses shall be'
1.) Agriculture Production - crops (SIC 01)
2.) Animal Aquaculture (SIC 0273)
3.) Education Services and Facilities (SIC 82)
4.) Research Development and Testing Services (SIC 873)
(Notes: Includes establishments engaged in commercial physical and biological research and
development; such as, agriculture, food and medical research, and x-ray machine inspection
services)
B. CONDITIONAl USES (Notes: The uses below primaf/1v include those associated with the
manufacturinq and sup"orl of the life sciences or the Park in general,
such as hotels and business services.)
The conditional uses shall be'
1.) Manufacturing'
a. Food & kindred products (SIC 20)
b. DrUps (SIC 283)
c. Soao Deteraents and Cleanina Preoarations' Perfumes Cosmetics and other Toîlet
Preparations (SIC 284)
d. AQricultural GbemiçalS (SIC 287)
e. Measurina Analvzina· and Controllina Instruments' Photooraohic Medical and Ootical
Goods; Watches and Clocks (SIC 38)
2.) Telecommunication towers - subject to the standards of Section 7 1023
3.) Hotels (SIC 701)
4.) Final"lcial Institutions (SlC60 and SIC 61)
5.) Business Services (SIC 73)
6.) Health ServÎces (SIC 80)
7.) Restaurants (5812)
C. ACCESSORY USES
Accessory uses are subject to the requirements of Section 8 00 00 and include the following'
1.) Residential units may be permitted as accessory uses when approved through the Planned
Development process
2.) Retail and wholesale trade - subordinate to the primary authorized use or activity
3.) Agriculture uses when compatible with the intent of this Section and approved through the
Planned Development process
D. USF LIMITATIONS
The following uses shall be specifically prohibited regBfdle~~ of L'oRi.fIß. or future IBRð u~e
desigRBtioR within the Research and Education Park Overlay Zone bðundary
Shadédmaterial is recommended for addition
Strike thru is recommended for deletion
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1.) Residential SubdiVisiol1$
2.) Heaw Industrial
3.} Industrial Extraction
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
bereby 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.
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 Frannie Hutchinson XXX
Vice Chairman Doug Coward XXX
Commissioner Joseph E. Smith XXX
Commissioner Paula A. Lewis XXX
Commissioner Chris Craft XXX
Shaded material is recommended for addition
Strike thru is recommended for deletion
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PART H.
CODIFICATION.
"'wI
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled
Laws, 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.
PASSED AND DULY ENACTED this
ATTEST:
Deputy Clerk
Shadedmsterial is recommended for addition
day of
,2005.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chainnan
APPROVED AS TO FORM AND
BY:
County Attorney
Strike tnru is recommended for deletion
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BOARD OF
COUNTY
COMMISSIONERS
May 3, 2005
"'''''''''G' ·';"'··"~fll··"'t"'~;"~" "',,_. ,.~,-'
·..>T.··'LeJ· 'e'IIE ~,' ,
COUNTY ,
FLORIDA~
GROWTH
MANAGEMENT
In accordance with the Sl Lucie County Land Development Code, you are hereby advised that St. Lucie County will consider
adoption of County Ordinance No. 05-113 to establish an overlay zone for the Research and Education Park within the following
boundary.
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COPIES OF THE ORDINANCE IS AVAILABLE UPON REQUEST
The second public hetlrillg on the pdidon will be held at 6:00 P.M., or as soon theretlfier as possible, on May 17, 2005, County
Commissioner's ChtllllM1S, St. Lucie County Administration Builtrmg Anna, 2300 VuginÜl Avenue, Fort Pierce, Flol'Ù/II. All
interested persons wilI be given an opportunity to be heard at that time. Written comments received in advance of the public hearing
will also be considered. The County Planning Division should receive written comments to the Board of County Comnússioners at
least 3 days prior to a scheduled hearing.
County policy discourages communication with individual County Commissioners on any case outside of the scheduled public
hearing(s). You may speak at a public hearing, or provide written comments for the record.
The proceedings of the Board of County Comnússioners are electronically recorded. If a person decides to appeal any decision made
by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he wilI need a record of the
proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying
during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual
testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain.
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community
Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428.
If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772)
462-1577 if you have any questions, and refer to: File Number: ORD-OS-113.
Sincerely,
~~~~TY~OM~ISSIONERS
F~ie Hutchinson, Chairman / ~
JOSEPH E. SMITH, DiSfricr No.1. DOUG COWARD, Disrricr No.2. PAULA A. LEWIS. Disrricr No. .3 . FRANNIE HUTCHINSON, Disrricr No.4· CHRIS CRAFT, Disrricr No.5
Counry Adminisrroror . Douglos M. Anderson (
2.:300 Virginia Avenue · Fort Pierce, FL .:34982-5652
Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISlTechnical Services: (772) 462-1553
Economic Development: (772) 462-1550 · Fax: (772) 462-1581
Tourist Development: (772) 462-1529 · Fax: (772) 462-2132
www.co.st-Iucie.fl.us
~
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
81: LUCIE COU~ FLORIDA
NOTICE OF INTENT
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NOTICE IS· HEREBY GIVEN that the Board of County Commissio~'.
of St. Lucie County, Florida, will consider adoption of County Ordinance ....~
05113 to establish an overlay zone for the Research and Education ParfcOW.
Tuesday, the 17th day of May, 2005 at 6:00 p.m., or as soon thereafter &8..
matter may be heard in the St. Lucie County Commission Chambers at tb..'..~.
Lucie County Administration Building Annex, Third Floor, 2300 Virginia AV8"".~
"- "'\~"
. Fort Pierce, Florida. Matters affecting your personal and property rights ~,
be heard and acted upon. All interested persons are invited to attend aJ1Ø
heard, Written comments received in advance of the public hearing will '."
be heard.
, Copies of the proposed ordinance may be obtained from the Co
Attorney's Office, St. Lucie County Administration Building Annex, 2300
Avenue, Fort Pierce. Florida, 34982. Amendments to the Ordinance may,
made at the public hearing. .".:
If any person decides to appeal any decision made with respect to.· ,.
matter considered at the meetings or hearings of any board, comm .....
commission, agency, council or advisory group, that person will need a ~ ;-.'. .
of the proceedings and that, for such purpose, may need to ensure th.~.
verbatim record of the proceedings is made, which record should include. thiIi·:'~
testimony and evidence upon which the appeal is .to be based. Upon thj(~'
r-equest of any party to the proceedings, individuals testifying during a hearlng"(
will be Sworn in. Any party to the proceeding will be granted an Opportunity tot.
cross-examine any individual testifying during a hearing upon request. ::.~,
The title of the proposed ordinance is
il"*'/"
.,
ORDINANCE NO. 05-113
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY CREATING SECTION 4.03.00 TO
BE ENTITLED "RESEARCH AND EDUCATION PARK
OVERLAY ZONE"; TO DEFINE BOUNDARIESÕ· REGULATE
USES OF LAND IN THE OVERLAY ZONŠ.!R VIDING FOR
CONFLICTING PROVISIONS, SEVcnABILlTY AND
APPLICABILITY· PROVIDING FOR FILING WITH THE
DEPARTMENT ÖF STAT~ PROVIDING FOR ADOPTION AND
CODIFICATION AND AN eFFECTIVE DATE
THIS NOTiCE DATED AND EXECUTED and dated this 29th day of April, 2005
BOARD OF COUNTY
COMMISSIONERS
-ST. LUCIE COUNT'(, FLORIDA
/s/ Frannie Hutchinson, Chairperson
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AGENDA ITEM 7: AGRICULTURA
ORD-05-113
PARK-
Ms. Waite - Research and Education Par la 0 . bei opose s a follow-up
to the recent change in the area to an SD (Special District) Future Land Use Designation
as part of our Comprehensive Future Land Use amendments a year or so ago. The
Overlay Zoned is proposed to be added to Chapter 4 of the Land Development Code to
guide development within the park. Currently there is a master plan being developed for
the park, as a result there may be some changes to the draft Overlay Zone. The Park is
intended to be developed consistent with the master plan and the overlay zone. The
proposed uses are those expected to be utilized by the USDA, IF AS and S1. Lucie County
as they are assisting to bring businesses into that area. Businesses within the park would
be associated with research and education at some level. We have notified the property
owners within 500 feet and have received two calls on the notice. Staff has determined
the drafted Ordinance is consistent with the County's Comprehensive Plan and would be
placed in Chapter 4 of the County's Land Development Code. We recommend you
forward the Draft Ordinance to the Board of County Commissioners with a
recommendation of approval.
Ms. Hensley - I don't have any questions, but as this is one of my pet projects, I would
like to make a little bit of a statement on this. The reason I think this is something that has
a level of urgency is that the park authority has been approved by the County
Commission. They have then been approved by the Board of Trustees of the University
of Florida; it will be presented to the Board of Governors in June and there is somewhat
of a need of the County having a firm commitment in order for the Board of Governors to
give their approval which we have to have according to statute in order for the authority
to proceed. The authority will be the governing body of this research park and will be
autonomous in nature, but this is a key component of that going forward. This with the
master plan and the commitment of all the different landowners in that area to work
together collaboratively is essential for it to be successful.
Chair Grande - I have a sense that you are preaching to the choir.
Ms. Hensley - I hope so, but after the last few days, I'm never really sure.
Vice-Chair Hearn - I have a question, on the Zoning Map there is a little piece of
property that doesn't have the cross-hatches on it, right in the middle of it, what is that?
Ms. Waite - That property is in private ownership.
Vice-Chair Hearn - And they're not willing to be part of this?
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Ms. Waite - No, they're not. I understand that they are aware of the research park and I
believe they're providing input to those preparing the master plan.
Ms. Hensley - Correct, they're participating; they're very encouraging, they're very
positive. It's just that the structures that exist do not actually fit with the confines and
description of what a research park can be. They are going to be probably involved in
many levels, but because they are existing structures, they do not meet the criteria.
Vice-Chair Hearn - Are we going to meet concurrency on Kings Highway with this
project?
Ms. Waite - We are going to have to. Adoption of the overlay zone itself does not
require us to meet concurrency. I was at the meeting today when there was talk about the
master plan and part of that discussion was the four-Ianeing of Kings Highway. When we
get to the site plan stage, we will have to address concurrency. We do know that Kings
Highway needs to be widened.
Ms. Hammer - On 4.03.03 Limitations on Land Use Applications and then down below
there is a chart, not everyone that would be reading this would be familiar with all the
initials that we use and that chart, would it be possible just in case when it is printed it
carries on, instead of the PMUD and PNRD, could you just spell out what they are?
Ms. Waite - Yes ma'am, that's a good suggestion.
Vice-Chair Hearn - You don't know what a PMUD is?
Ms. Hammer - I didn't until I went back and tried to find it in the document.
Chair Grande opened the public hearing.
Dennis Murphy - Earlier tonight a comment was made that the issue is coming before the board
regarding North County Planning Charrette, we're going to have a long lasting, life changing
effect on St. Lucie County. True, but this is going to have a bigger effect. The other
components that go with it, this is going to having an effect that's going to change the whole
future of this community as it goes forward.
Vice-Chair Hearn - For good or bad?
Mr. Murphy - Good, so long as it's done correctly, and everything falls in place correctly. In
looking over this, real quickly, and I only got it a couple of days ago. I agree with the concepts
that are in here. I understand the timeline that we're under and nonnally I maybe up here
advocating that we would delay this and clean up some of the inconsistencies and some of the
questions that exist at the moment with the master plan would have been done, but I'm not going
to ask for that. What I am going to say is that in looking, at this document, please understand
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that I think from, I'm speaking both as a resident of the county and as a representative for some
adjoining properties on the east side of this project, that it needs a little bit of tweaking to
happen, it needs a little bit of tweaking just to make sure everything is internally consistent with
each other. Because in looking through it I found that there are some problems with it and if it is
understood that any action of the County Commission tonight would hopefully accept still some
further refinement of this to something that fits the whole program, I think is better for everyone.
What we've got here, and Ms. Hammer you pointed out some of the comments in the land use
options, yeah, besides identifying the PMUD and PNRD indications, there is something else in
here; we're not going to talk about changing the land use in here. The land use is already
changed, it is Special District.
Ms. Waite - Some property within the park is not SD.
Mr. Murphy - That's true. The ones that the county acquired are not, but the majority of it is,
thanks Diana. But the one thing and Diana made a comment that this is the second step in the
process. I don't think this is actually the second step; this is actually the third step. The second
step is being worked on today and tomorrow over to the hurricane house and that is expected to
be completed in the next three weeks, two weeks (Master Plan).
Ms. Hensley - I personally don't think it's going to be completed. We're going to have a general
understanding of the master plan.
Mr. Murphy - Enough though for that when we come back to the big committee, what's the
name, the Steering Committee, that there is a picture of idea for what's going to happen and this
all needs to fit into it. I'm only here tonight to say that I have a client who has some property on
the outside perimeter of this, we're not directly affected, we are indirectly affected. We have a
keen interest in what's going on in the Research Park, we want to be a willing and cooperative
neighbor and partner into this. Also as a resident of the County I will have an interest to see if
this works and there is some additional work that has to be done, if they are here, I'll work with
the staff to see that it gets done. I would encourage you to forward this to the Board as an
expeditious action as possible.
Chair Grande - That was a rather ambiguous presentation. Do you have specific
recommendations that you would like to put forward?
Mr. Murphy - I have a full green sheet markup in through here. A lot of it is editorial, I can tell
you right now, I'll pick one thing real quick, just as an illustration of what I'm talking about. Go
to Purpose and Intent Paragraph B and it is an unintended consequence of how this was
structured. The first line across the board, "it is the intent of the section to provide for a district
where established agriculture ......." Nowhere in here do we talk about encouraging new
operations; and I think that's kind of one of the little things in here that we want to actually get
out here and do. So it's the little nuances like that. There is another problem in here that relates
to the identification of the uses. I have a concern that I think right now if you go and 4.03.05 and
list it as it is today, we maybe pinning ourselves into a unintended box where we have to come
back in and as someone put it earlier tonight do another glitch Bill to identify the listed uses. Be
careful in here, we want to have maximum flexibility, we want to have maximum restriction into
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it. We don't want to, if for some reason we find that we want to say somebody who wants to go
out into the Research and Education Park wants to make something other than food and canned
products or drugs, no can do. It's just the fine tuning of it that needs to be looked at as it goes
forward. From other perspective, look carefully at the site design perfonnance standards. I can't
tell you what works and what doesn't work.
Vice-Chair Hearn - What page are you on?
Mr. Murphy - I'm back on 4.03.04, I don't have page numbers. Look carefully at the
Perfonnance Standards as they relate to physical development, because again, what we think is
going to fit at this particularly second and time, I will almost guarantee you there will be a
business or an entity that needs to come in and for whatever their particular process is, that is not
going to fit. Now part of that can get covered out through hopefully some of the work that
EDSA is doing. This is not a commercial for EDSA or anything. It's a stretch of the
imagination. But I have seen a lot of work that they've done and they do some pretty good
master planning and some concept development and they'll do a good job. Look to them to give
you some guidelines for the final perfonnance standards that comes in here. And this mostly is
probably, it needs to come out of this board tonight to get to the County Commission in time to
get to the Steering Committee. And the comments that I'm making are perhaps more appropriate
to be read as they will be by the Board and keep this thing moving. We do want to see this thing
go forward. Ijust think it's got a little bit ofthings to go in there further.
Vice-Chair Hearn - Gazing into your crystal ball, if you will for a moment, tell us what you
think this will do for our community.
Mr. Murphy - It's a combination thing. Since I'm now on the dark side of civilization bringing,
it becomes a marketing tool, a community status symbol, a point that we can look at both as
people who live here and as people who have future development issues in the county to say hey
look, this is here, this can expand our economic base. This is something that we're proud of,
again it becomes a moniker type thing. Basically, we can go tell Palm Beach County to take
Scripps and.....
Vice-Chair Hearn - I just hope we can keep some of the higher paying people living in our
community once they get here. That's the thing.
Mr. Murphy - Well, that opens up a whole other discussion regarding housing opportunities and
I will not go into that one tonight.
Vice-Chair Hearn - I just detest when high paying jobs live in Vero Beach, a lot of them.
Mr. Murphy - I have a client, who you guys know about who has some property a little bit
further south than this who has made a very strong investment towards a high quality residential
community and we are hoping and we are going to actively market it towards those who would
be working in the high paying jobs here to live in that high costing community.
Ms. Hensley - There is a subcommittee for the Workforce Board and Economic Development
Council working together with three counties and this is part of the central piece of discussion.
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That this will be the economic engine to drive economic development that's appropriate, the type
we want. There's been a lot of discussion, this has been discussed for approximately eight years
before it got it to this point and there are rare opportunities, we have verbal agreement for
University of Florida to do some expansion to fill some gaps in here. We have an agreement
from Mr. Brogan from FAU to expand and fill some gaps in here and the president of Nova
Southeastern is very excited about a potential of coming in and doing something that are not
being done here. All this ties together with Harbor Branch, Smithsonian, USDA, it's quite a rare
opportunity to have so much in this County that we can actually pull together collaboratively
around the table. So it is extremely exciting, I think 20 year plan to actually bring high paying,
high wage jobs, economic development, educational opportunities and experiences that probably
will not be repeated, cannot be done anywhere else.
Chair Grande - Big step on getting to be the research coast.
Ms. Hensley - Big step.
Caroline BeIlanueva representative for Avalon St. Lucie Developers, we are 840 acre
immediately south of that upside down "U". We are very excited about this opportunity and
fully endorse what the County is trying to do here. We just want to compliment what you all are
doing. This is just a great opportunity to work together in partnership to realize this. I attended
briefly the workshop today, some members of the staff, and you all have the right people on
board and with that frame of thinking, we decided to compliment what you all are doing, EDSA
is going to be our guide too. We're looking forward to working with you all as we plan this
community, it's going to be mixed use as well, residents, research and development component
to compliment what you all have. There is as well some commercial, school, parks the whole
nme.
Chair Grande closed the public hearing.
Chair Grande - I have one question of staff, on 4.03.04 Performance Standards, we have a 60
foot height limit, I was just wondering why we put it in here?
Ms. Waite - Sixty feet was used because that is the height limit in the Commercial, General
Zoning District, as well institutional facilities.
Vice-Chair Hearn - Did you say that 60 foot height limit is allowed in Commercial, General, is
that what you said?
Ms. Waite - Yes.
Vice-Chair Hearn - I didn't know we had that.
Chair Grande - I don't care about 60 feet, or 50 feet or 70 feet. My question is, does it make
sense to have height limit in this document or should we leave that to the specific planners of any
advisory board.
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Ms. Young - To answer the Commercial, General question, it is 60 feet.
Mr. Kelly - I think we need to move something forward and we've got some standards in there
and if EDSA were to recommend different through the process, I think we would be back to
modify this. Where as Mr. Murphy said there are a few things we need to deal with, he didn't
object to the concept, nobody has, we have a few little details and we'll work them out and if
you'll let us do that, we'll have them when we get to the County Commission and I think the
concept is what is important.
Mr. Hearn made the motion to move for approval.
Mr. McCurdy seconded the motion.
Upon roll call the item was approved unanimously. Chair Grande wanted the record to show that
he recommend that the height limit be removed from this particular document.
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Planning and Zoning Commission Review: 04/21/05
File Number ORD 05-113
MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
TO:
FROM:
DATE:
SUBJECT:
Planning and Zoning Commission
David Kelly, Planning Manager fIJ-
April 13, 2005
Text amendment to the St. Lucie County Land Development Code
creating Section 4.03.00-4.03.05 - Research and Education Park
Overlay Zone.
LOCATION:
The Overlay zone is generally located between Kings Highway (to the
east), North St. Lucie Water Control District Canal No. 52 (to the west),
Pruitt Research Center Road (to the south), and North St. Lucie Water
Control District Canal No. 46 Right-of-way (to the north).
*********************************************************************
STAFF COMMENTS
The proposed Overlay Zone will recognize the Research and Education Park which the County
has proposed on approximately 1,614 acres on the west side of Kings Highway between
Orange Avenue and Okeechobee Road. A concentration of research and education institutions
has gathered in the subject area, including the USDA's Agriculture Research Service and the
University of Florida's Institute of Food and Agricultural Sciences (627 acres). These institutions
plus the St. Lucie County School Board (615 acres) and the St. Lucie County Board of County
Commission (372 acres) are the owners of lands within the proposed Research and Education
Park.
A recent assessment of economic structures of St. Lucie County area compared to communities
that are similar in character, scale, access and other factors indicates that there is a gap that
should result in an opportunity for "Research & Development in Physjcal, Engineering & Life
Sciences. The intent of the proposed overlay zone is 10 recognize the Research and Education
Park as a special planning area by providing land use and design standards to stimulate a
research community. The recent change of the Future Land Use Designation to SD (Special
District) of many of the parcels within the Park was the first step towards creating land use
provisions to guide the future development within the Research and Education Park's boundary.
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April 13,2005
Page 2
Subject: Research and Edccation Park Overlay Zone
ORD No. 05-113
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall
consider and make the following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions of the
St. Lucie County Land DevelopmentCode;
The proposed text amendment does not result in a rezoning.
2. Whether the proposed amendment is consistent with all elements of the St. Lucie
County Comprehensive Plan;
The proposed text amendment to the County's Land Development Code is consistent with all
elements of the St. Lucie County Comprehensive Plan and the SD (Special District) Future Land
Use Designation of lands within the proposed overlay zone. The overlay zone furthers the
Comprehensive Plan's Economic goals, objectives and policies which target's research and
education industries such as those expected to locate within the park.
3. Whether and the extent to which the proposed zoning is Inconsistent with the
existing and proposed land uses;
The proposed text amendment does not result in a change in zoning.
The existing uses within the boundary of the proposed overlay zone are agriculture, institutional,
research, office and vacant land. The majority of lands surrounding the overlay zone currently
are vacant, agricultural or residential. The future uses of land surrounding the proposed overlay
zone are agriculture, residential and commercial. The proposed text change requires that any
future rezoning or development request within the proposed overlay zone be to filed as a
planned development and that future uses be consistent with the property's future land use
designation and compatible with adjacent uses.
4. Whether there have been changed conditions that require an amendment;
Federal, state and local education and research institutions and the St. Lucie County Board of
County Commissioners have acquired 1,614 contiguous acres within the overlay zone. These
property owners desire to protect the synergy that has developed within this area and to ensure
an environment where education and research facilities can prosper and expand. Property
within the overlay zone was recently recognized for research and education purposes by
applying the Specia1 District (SD) - Research and Education Park to lands within the boundary.
The proposed amendment to the text of the County's Land Development Code is the next step
in providing land use regulations to -protect the existing institutions and to provide an
environment to attract businesses within targeted industries.
5. Whether and the extent to which the proposed amendment would result in
demands on pUblic facilities, and whether or to the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not limited
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April 13, 2005
Page 3
Subject: Research and Education Park Overlay Zone
ORD No. 05-113
to transportation facHitles, sewage facilities, water supply, parks, drainage, schools,
solid waste, mass transit, and emergency medJcal facilities;
The proposed text amendment is not expected to create significant additional demands on any
public facilities in this area. All development within the zone will be required to demonstrate that
there are adequate public facilities in the area to support such development.
6. Whether and the extent to which the proposed amendment would result In
significant adverse Impacts on the natural environment;
The proposed text amendment is not anticipated to create adverse impacts on the natural
environment. Any future development of this site will be required to comply with all state and
local environmental regulations. Preservation issues will be addressed as a part of any planned
development proposal.
7. Whether and the extent to which the proposed amendment would result In an
orderly and logical development pattern specifically Identifying any negative affects of
such patterns;
The proposed amendment would result in a logical and orderly development pattern. This is
accomplished by identifying the Special District Overlay Zone and providing guidelines to better
protect and promote education and research related industries. Future development within the
overJay zone will be through the Planning Development process to ensure an orderly and logical
development pattern is maintained in the area and that uses are located in a manner that
minimize impacts on the County's infrastructure and adjacent uses.
8. Whether the proposed amendment would be In conflict with the public Interest,
and Is In harmony with the purpose and Intent of this Code;
The proposed text amendment is not in conflict with the public interest and is in harmony with
the purpose and intent of the St. Lucie County Land Development Code.
Staff has reviewed the proposed amendment to the County's Land Development Code and
determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St.
Lucie County Land Development Code and furthers the goals, objectives, and policies of the St.
Lucie County Comprehensive Plan. Staff recommends that this Board forward a
recommendation of approval to Board of County Commissioners.
Please contact this office if you have any questions on this matter.
Attachment
cc: File
'-'
...,;
Suggested motion to recommend adoption/denial of the Research and Education Park Overlay
Zone.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS FIND SECTION 4.03.00-4.03.05,
RESEARCH AND EDUCATION PARK OVERLAY ZONE OF THE LAND DEVELOPMENT
CODE CONSISTENT WITH THE ST. LUCIE COMPREHENSIVE PLAN AND ADOPT THE
SECTION, BECAUSE ....
[CITE REASON[S] WHY - PLEASE BE SPECIFIC].
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS FIND SECTION 4.03.00-4.03.05,
RESEARCH AND EDUCATION PARK OVERLAY ZONE OF THE LAND DEVELOPMENT
CODE INCONSISTENT WITH THE ST. LUCIE COMPREHENSIVE PLAN AND NOT ADOPT
THE SECTION BECAUSE....
[CITE REASON[S] WHY - PLEASE BE SPECIFIC].
--
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CHAPTER IV
SPECIAL DISTRICTS
TABLE OF CONTENTS
4.00.00 AIRPORT OVERLAY ZONES.. ............. ........ .... .... ................... .... ....... ........... ... .... .......... 180
4.00.01 Generally.................. .............. .... ............ ................... .................... ............ ....... ...180
4.00.02 Airport Zones ........ .................................................................... ......................... t80
A. Primary Zones ..................................................................................... ............... 180
B. Nonprecision Instrument Approach Zones .........................................................180
C. Precision Instrument Approach Zones ...............................................................180
D. Transitional Zones.............................................................................................. 181
E. Horizontal Zone.................................................................................................. 181
F. Conical Zone.............................................. ........................................... ........ ......181
4.00.03 Airport Zone Height Limitations ............. ............... .............................. .......... ......181
A. Primary Zones.................................................................................................... 181
B. Nonprecision Instrument Approach Zones .........................................................181
C. Precision Instrument Approach Zones.. ........ ................... ..................................181
D. Transitional Zones................................. ........................................................... ..181
E. Horizontal Zone.................................................................................................. 182
F. Conical Zone....................................................................................................... 182
G. Other Areas........ ............................................ ............................ ............... .........182
4.00.04 Use Restrictions................................................................................. ................. 182
4.01.00 HUTCHINSON ISLAND· BUILDING HEIGHT OVERLAY ZONE.................................. 183
4.01.01 Intent. .. ... ............................................................................................................ 183
4.01.02 Generally................ ...... .................. ......... ........... ........... ..... ................ ......... ........183
4.01.03 Hutchinson Island Building Height Zones ...........................................................184
4.01.04 Hutchinson Island Height Limitations. ..... ...................... ............................ ..... .....192
4.01.05 Exceptions.......................................................................................................... 192
4.01.06 Variances. ........................................................................................................... 192
4.02.00 RIVER PARK· COMMUNITY OVERLAY ZONE............................................................ 193
4.02.01 Purpose and Intent................................. ............................................................193
4.02.02 River Park Community Overlay Zone Established.............................................. 193
4.02.03 Limitations on Rezoning Applications .................................................................195
4.02.04 Performance Standards.......... ........... ...... ................................. .......... ........ ........195
4.02.05 Use Limitations....................... ............................................................................197
4.03.00 RESEARCH AND EDUCATION PARK OVERLAY ZONE ..............................................198
4.03.01 PurDose and Intent. ................ ............ ........ ..... .................... .... .................. .........198
4.03.02 Research and Education Park Overlav Zone Established.................................. 193
4.03.03 Limitations on Land Use ADDlications.................................................................195
4.03.04 Performance Standards....... .......... .......... ..................... ..... .......... ......... ...... ........195
4.03.05 Use Limitations................................................................................................... 197
4.04.00 . 4.10.00 .................................................................................................................................... 198
(RESERVED)
4.11.00 HISTORIC PRESERVATION ...................................................... ....................................218
4.11.01 Changes to Historic Structures or Sites... ........... ............ ...... ................ ...... ........218
-
--
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"'wI
Section 4.03.00
Research and Education Park Overlay Zone
CHAPTER IV
SPECIAL DISTRICTS
4.03.00 RESEARCH AND EDUCATION PARK· OVERLAY ZONE
4.03.01 PURPOSE AND INTENT
A. It is the DurDose of this section to Drotect. Dromote and strenathen the research. education and
develODment of the life sciences and aariculture in the area aenerallv described as Ivina between
Oranae Avenue and State Route 70. on the west side of Kinas Hiahwav to the North St. Lucie Water
Control District Canal No. 52.
B. It is the intent of this section to Drovide a district where established aariculture education. research
and scientific institutions. technoloaical entreDreneurial ventures. and sUDDort services for these uses
can develoD and DrOSDer. The district sets forth uses and standards that will Drotect. create and
Dromote a community of scientific excellence and innovative technoloav bv Drovidina an atmosDhere
conducive to these activities.
C. This Section indicates the Dermitted. conditional and accessory uses and Derformance standards that
will be utilized when reviewina aDDlications for a chanae in zonina or site Dlan aDDroval in the area
further described in this Section.
4.03.02 RESEARCH AND EDUCATION PARK OVERLAY ZONE ESTABLISHED
A. The Research and Education Park Overlav Zone shall consist of all those Darcels of land Ivina in the
boundaries of the Research and Education Overlav Zone MaD as shown below and on the County's
Official Zonina Atlas:
;",.""",,..,:.,_.,,
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.,
........
'-'
.....,
Section 4.03.00
Research and Education Park Overtay Zone
B. The Research and Education Park Overlav Zone. created in Part A above is aenerallv described as
follows:
Lands dedicated to a Research and Education Park consistina of Dublic and Drivate research and
education institutions and business SUDDort facilities that further the intent of the Research and
Education Park Overlay Zone.
The area is intended to accommodate research institutions. low environmental imoact manufacturina
industries and commercial facilities that SUDDort the research and education institutions within the
Dark.
4.03.03
LIMITATIONS ON LAND USE APPLICATIONS
Any Future Land Use MaD Chanae within the Overlay Zone shall be to SD - Research and Education Park. All
aDDlications for a chanae in zonina within the Research and Education Park Overtay Zone shall be to Planned
Non-Residential DeveloDment or Planned Mixed Use DeveloDment.
The aDDrODriate location and mix of uses will be determined throuah the Planned DeveloDment Drocess in a
manner that adheres to the auidelines and standards set forth in this overlay zone and the Research and
Education Park Master Plan. Uses are to be seareaated as to intensity and to ensure comDatibility with
adiacent lands outside the overlay zone.
The followina sub-zones are created to identify the tvDe of Dermitted. conditional and accessory uses allowed
within Zone A and Zone B. The sDecific uses are identified below and Section 4.03.05.
RESEARCH COMMERICAL ZONE
PMUD & PNRD
Allows office Darks. research and
Institutional uses. Allows liaht
manufacturina and commercial uses
when consistent with the Future Land
Use Desianation.
RESEARCH AND EDUCATION ZONE
PMUD & PNRD
Aariculture. office. institutional.
research. and liaht manufacturina
uses.
4.03.04
PERFORMANCE STANDARDS
The followina Derformance standards shall be maintained for aDDroval of any Dlanned develoDment within the
Research and Education Park Overlay Zone. The Research and Education Park Overlav standards shall
sUDersede when more limitina than other Drovisions of this Code.
A. Buildina Heiaht:
Maximum heiaht for any structure shall be 60 feet.
.....
-
'-"
....."
Section 4.03.00
Research and Education Park Overlay Zone
B. Sians:
Sians for all uses within the Research and Education Center Overlay Zone shall conform to the
reauirements of Section 9.01.01 lEt (Commercial. Neiahborhood) of this Code.
C. Lot Coveraae by Buildinas:
Zone A:
Zone B:
50% maximum lot coveraae by buildinas
25% maximum lot coveraae by buildinas
50% lot coveraae by structures utilized for aaricultural Droduction DUrDOSeS
D. Minimum Yard reauirements:
1.) Zone A:
50 feet from Dublic street riaht-of-way lines
25 feet from side and rear lot lines
100 feet from Dublic street riaht-of-way lines
50 feet from side and rear lot lines
2.) Zone B:
E. Minimum Lot Size Reauirement: One (1) Acre
F. LandscaDina Reauirements:
LandscaDina reauirements shall be subiect to Section 7.09.00.
G. Off-street Parkina and Loadina Reauirements
Off-street Darkina and loadina reauirements are subiect to Section 7.06.00. A 15% reduction may be
aDDlied if the Planned DeveloDment contains two or more uses. Aaricultural Droduction structures are
not subiect to the reauirements of Section 7.06.00.
4.03.05
RESEARCH AND EDUCATION PARK OVERLAY ZONE USE REGULATIONS
The DurDose of these reaulations is to Drovide and Drotect an environmental suitable for aariculture. education.
and research with such other uses as may be necessarv to and comDatible with these Drimarv uses. Uses are
identified by their SIC (Standard Industrial Classification) Code (00), The identified use shall only be allowed
when consistent with the DroDerties Future Land Use Desianation and the Zone A and B land use oDtions set
forth in Section 4.03.03.
A.
PERMITTED USES
The Dermitted uses shall be:
1.) Aariculture Production - croDS (SIC 01)
2.) Animal Aauaculture (SIC 0273)
3.) Education Services and Facilities (SJC 82)
4.) Research. DeveloDment. and Testina Services (SIC 873)
B.
CONDITiONAL USES
The conditional uses shall be:
1.) Manufacturina:
a. Food & kindred Droducts (SIC 20)
b. Druas (SIC 283)
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....",
Section 4.03.00
Research and Education Park Overlay Zone
c. Aaricultural chemicals (SIC 287)
2.) Telecommunication towers - subiect to the standards of Section 7.10.23.
3.) Hotels (SIC 701)
4.) Financial Institutions (SIC 60 and SIC 61)
5.) Restaurants (5812)
C.
ACCESSORY USES
Accessorv uses are subiect to the reauirements of Section 8.00.00. and include the followina:
1.) Residential units may be Dermitted as accessory uses. when aDDroved throuah the Planned
DeveloDment Drocess.
2.) Retail and wholesale trade - subordinate to the Drimarv authorized use or activity.
3.) Aariculture uses. when comDatible with the intent of this Section and aDDroved throuah the
Planned DeveloDment Drocess.
D.
USE LIMITATIONS
The followina uses shall be sDecificallY Drohibited. raaardless of zonina or future land use desianation. within
the Research and Education Park Overlay Zone.
1.) Residential Subdivisions
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~ BEFORE THE PLA~ING AND
ZONING COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
NOTICE OF INTENT
.,:;~~
. "'-:i';_;":~
.
NOTICE IS HEREBY GIVEN that the Planning and Zoning Commissioners
of St. Lucie County, Florida, will consider adoption of County Ordinance No. 05113 to
establish an overlay zone for the Agricultural Research and Education Park on ¡;
. Thursday, the 21st day of April, 2005 at 6:00 p.m., or as soon thereafter-as the matter ~
may be heard in the St. Lucie County Commission Chambers at the St. Lucie County
Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida.,
Matters affecting your personal and property rights may be heard and acted upon. All
interested persons are invited to attend and be heard. Written comments received ""
advance of the public hearing will also be heard.
Copies of the proposed ordinance may be obtained from the Growth
Management Department, Sf. Lucie County Administration Building Annex, 2300
Virginia Avenue, Fort Pierce, Florida, 34982. Amendments to the Ordinance may be
made at the public hearing. ...
If any person decides to appeal any decision made with respect to any matter·
, ..
considered at the meetings or hearings of any board, committee, commission, agency,
council or advisory group, that person will need a record of the proceedings and that,
for such purpose, may need to ensure that a verbatim record of the proceedings 18
made, which record should include the testimony and evidence upon which the appeal
is to be based. Upon the request of any party to the proceedings, individuals testifying
during a hearing will be sworn in. Any party to the proceeding will be granted an.
opportunity to crossexamine any individual testifying during a hearing upon request.
The title of the proposed ordinance is:
ORDINANCE NO. 05-113
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY CREATING SECTION 4.03.00 TO
BE ENTITLED "AGRICULTURAL RESEARCH AND
EDUCATION . PARK OVERLAY ZONE"; TO DEFINE
--BOUNDARIES; REGULATE USES OF LAND IN THE
OVERLAY ZONE; PROVIDING FOR CONFL1CTING
PROV~SIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE, PROVIDING FOR ADOPTION AND CODIFICATION
AND AN EFFECTIVE DATE
,.
t' ,.
THIS NOTICE DATED AND EXECUTED and dated this 7th day of April, 2005.
LOCAL PLANNING AGENCYIPLANNING AND ZONING COMMISSlON
ST. LUCIE COUNTY, FLORIDA
Is! Charles Grande, Chairman
PUBLISH DATE: April 1 0,2005
/1·
I\.....
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
~ APPROVED
CJ OTHER
SB
Approve 3-2
Comm. Lewis - No
Comm. Hutchinson - No
Motion to deny.
\-'
~
Agenda Request
5t3
5/17/05
Item Number
Date:
Consent
Regular
Public Hearing
Leg. [ ]
[ ]
[ ]
[ ]
Quasi-JD [X]
Board of County Commissioners Presented By
Growth Management Department ~ ~ ..-, ~ ~
Asst. County Administrator
Consider approval of Draft Resolution No. 05-141 approving the
application of Kenneth Palestrant for a change in zoning from the AR-1
Zoning District to the CO (Commercial, Office) Zoning District (File No.
RZ-05-001 ).
The property that is the subject of this request is a 2.1 acre parcel
located on the northeast corner of the intersection of West Midway Road
and Christensen Road, approximately one-half mile west of South 25th
Street. Mr. Palestrant indicates that the purpose of the request is to
obtain a zoning district that allows for the development of an emergency
care center and other professional office uses.
On April 8, 2005, Mr. Palestrant submitted a Minor Site Plan application
for the property under consideration. The name of the proposed
development is the Midway Road Professional Plaza (see attached). The
site plan documents are currently being reviewed by the Development
Review Committee members.
NIA
On April 21, 2005, the Planning and Zoning Commission unanimously
recommended approval of the request of Kenneth Palestrant for a
change in zoning from the AR-1 (Agricultural, Residential - 1 dulac)
Zoning District to the CO (Commercial, Office) Zoning District.
Approve Resolution No. 05-141 granting Kenneth Palestrant's
application for a change in Zoning from the AR-1 (Agricultural,
Residential - 1 du/ac) Zoning District to the CO (Commercial, Office)
Zoning District.
D DENIED
CURRENCE:
Douglas M. Anderson
County Administrator
Coordination! Signatures
Mgt. & Budget:
Cultural Affairs:
Purchasing:
Other:
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Board of County Commission: May 17,2005
Resolution No. 05-141
MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
TO:
County Commissioners
FROM:
Faye Outlaw, Assistant County Administrator
DATE:
May 11 , 2005
SUBJECT:
Application of Kenneth Palestrant, for a Change in Zoning from the AR-1
(Agricultural, Residential- 1 du/ac) Zoning District to the CO (Commercial,
Office) Zoning District (Draft Resolution No. 05-141).
On May 17, 2005, you will be asked to consider approval of Draft Resolution Number 05-141 which
would grant the request of Kenneth Palestrant for a change in zoning from the AR-1 (Agricultural,
Residential-1 du/ac) Zoning District to the CO (Commercial, Office) Zoning District. The property
under consideration is a 2.1 acre parcel located at the northeast corner of West Midway Road and
Christensen Road, approximately one half mile west of South 25th Street.
Existing uses and the zoning districts surrounding the property include CO (Commercial, Office)
Zoning with Lifeline Medical Services to the east, AR-1 (Agricultural, Residential-1 du/acre) with a
single family home to the north, and a church on I (Institutional) zoned property to the northeast.
AR-1 Zoning with an abandoned residential home is located on the west side of Christensen Road.
To the south, across West Midway Road, is a residential subdivision with RS-4 (Residential, Single
Family - 4 du/acre) Zoning.
The applicant has indicated the intended use of the property is a emergency medical clinic and other
professional offices. The applicant has submitted an application for Minor Site Plan approval entitled
Midway Professional Plaza. The proposed project includes four single story buildings totaling 16,000
square feet (See Attached Plan) and is currently under review by the Development Review
Committee.
Prior to obtaining any site plan approval, the applicant will be required to demonstrate that adequate
water and sewer facilities are available and the service provider is willing to serve the project site.
Sufficient capacity on West Midway Road and other affected roadways must also be demonstrated
prior to site plan approval. As required as part of the application for a change in zoning, the applicant
has signed a Concurrency Deferral Affidavit, which states a Certificate of Capacity must be issued
prior to a final development order, which includes site plan approval. The Spring 2004 Traffic
Counts, indicate that Midway Road, west of South 25th Street is operating at Level Of Service C. A
Traffic Impact Report demonstrating that trips generated from the proposed project will not result in
a deficient level of service on affected roadways is required prior to any site plan approval.
Attached is a copy of Section 3.01.03(R) - CO (Commercial, Office), of the St. Lucie County Land
Development Code, which delineates the permitted, accessory, and conditional uses allowed in this
zoning district. If a change in zoning is approved, the applicant, by right, would be allowed to
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May 11 , 200S
Page 2
Petition: Kenneth Palestrant
RZ-OS-001
establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses
section would be allowed only if one or more of the permitted uses exist on the subjact property.
Any use under the Conditional Uses section could only be allowed if it first receives approval
through the Board of County Commissioners.
Staff has reviewed this petition and determined that it conforms to the standards of review as set
forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with
the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. The request is
compatible with the RS (Residential, Suburban) Future Land Use Designation and Future Land Use
Policy 1 .1 .8.4 which sets forth standards for locating non-residential uses within areas classified for
residential uses. Staff believes the proposed CO Zoning District can be considered as part of a
larger aggregation of non-residential uses located between South 2Sth Street and Christensen Road.
RECOMMENDATION
Adopt Draft Resolution No. OS-141 granting approval of Kenneth Palestrant's request for a change
in zoning from the AR-1 (Agricultural, Residential-1 du/ac) Zoning District to the CO (Commercial,
Office) Zoning District.
-~ ~/\¿
Assistant County Administrator
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RESOLUTION 05-141
FILE NO.: RZ-05-o01
A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE
AR-1 (AGRICULTURAL, RESIDENTIAL) DISTRICT TO THE CO
(COMMERICAl, OFFICE) ZONING DISTRICT OF CERTAIN
PROPERTY IN ST. lUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence presented, including but not limited to the staff report, has
made the following determinations:
1. Kenneth Palestrant. presented a petition for a change in zoning from the AR-
1 (Agricultural, Residential- 1 du/ac) Zoning District to the CO (Commercial,
Office) Zoning District for the property described below.
2. On April 21, 2005, the S1. Lucie County Planning and Zoning Commission
held a public hearing on the petition, after publishing notice at least 10 days
prior to the hearing and notifying by mail all owners of property within 500
feet of the subject property, and recommended that the Board of County
Commissioners approve a change in zoning from the AR-1 (Agricultural,
Residential- 1 du/ac) Zoning District to the CO (Commercial, Office) Zoning
District for the property described in Part A below.
4. On May 17, 2005, this Board held it's second public hearing on the petition,
after publishing notice at least 10 days prior to the hearing and notifying by
mail all owners of property within 500 feet of the subject property.
5. The proposed change in zoning has satisfied the requirements of Section
11.06.03 of the St. Lucie County Land Development Code and is consistent
with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan.
6. The proposed change in zoning is consistent with the existing and proposed
use of property in the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The proposed change in the zoning from the AR-1 (Agricultural, Residential-
1 du/ac) Zoning District to the CO (Commercial, Office) Zoning District for
that property described as follows:
COMMENCING AT THE SOUTHWEST CORNER OF NORTHEAST X OF SECTION 5,
TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH
File No.: RZ-05-001
May 17, 2005
Resolution 05-141
Page 1
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LINE OF SAID NORTHEAST %, 660 FEET TO THE SOUTHWEST CORNER OF LOT 95
OF THE WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF SAID LOT 95, A
DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF
LOT 94, OF SAID WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET, THEREFROM
RUN SOUTH 330 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS RIGHTS
OF WAY FOR PUBLIC ROADS (CHRISTENSEN AND MIDWAY ROAD) AND LESS AND
EXCEPTING THE EAST320 FEET THEREOF.
Location: NE Corner of Midway Road and Christensen Road, St. Lucie County, FL
owned by Midway Ventures, LLC is hereby approved.
B. The St. Lucie County Growth Management Director is hereby authorized and
directed to cause the change to be made on the Official Zoning Map of St.
Lucie County, Florida, and to make notation of reference to the date of
adoption of this resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson
xxx
XXX
XXX
XXX
XXX
Vice-Chairman Doug Coward
Commissioner Joseph E. Smith
Commissioner Paula A. Lewis
Commissioner Chris Craft
PASSED AND DULY ADOPTED This 17th Day of May 2005.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
Deputy Clerk
County Attorney
File No.: RZ-05-001
May 17, 2005
Resolution 05-141
Page 2
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Section 3.01.03
Zoning District Use Regulations
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AGRICULTURAL. RESIDENTIAL - 1
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1. Purpose
The purpose of this district is to provide and protect an environment suitable for single-family
dwellings at a maximum density of one (1) dwelling unit per gross aae, together with such other uses
as may be necessary for and compatible with very low density ruraJ residential su"oundings. The
number in -0- following each identified use corresponds to the SIC code reference described in
Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be
further defined in Section 2.00.00 of this code.
2. Permitted Uses
a. Family day care homes. (WI)
b. Family residential homes provided that such homes shall not be located within a radius of
one thousand (1000) feet of another existing such family residential home and provided that
the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies
the Board of County Commissioners at the time of home occupancy that the home is licensed
by HRS. c-I
c. Single-family detached dwellings. IIW)
3. Lot Size Requirements
Lot size requirements shall be in accordance with Table 1 in Section 7.04.00.
4.
Dimensional Regulations
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Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00.
5. Off-street Parking Requirements
Off-street parking requirements shall be in accordance with Section 7.06.00.
6. CondnionalUses
a. Crop services O72)
b. Family residential homes located within a radius of one thousand (1000) feet of another such
family residential home. (WI)
c. Industrial wastewater disposal. IIW)
d. Kennels - completely enclosed. (0752)
e. Landscaping & horticultural services O71)
f. Retail:
(1) Fruits and Vegetables. (543)
g. Riding stables. (7") ..
h. Veterinary services. O7.)
i Telecommunication towers - subject to the standards of Section 7.10.23 (III)
7. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
(
Adopted August 1, 1990
101
Revised Through 08101/00
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5eCIIO:'\ 3.01.03
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a. Agriculture (farms and ranches accessory to single-family detached dwelling). 10'1:1.
b. Animals. subject to the requirements of Section 7.10.03. 1M'
c. Guest house subject to the requirements of Section 7.10.04. fill)
d. Mobile Home subject to the requirements of Section 7.10.05. lilt,
e. Retail and wholesale trade· subordinate to the primary authorized use or activity.
.
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Section 3.01.03
Zoning District Use Regulations
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COMMERCIAL. OFFICE
1. Purpose
The purpose of this district is to provide and protect an environment suitable for selected office and
commercial uses, together with such other uses as may be necessary to and compatible with
commercial office surroundings. The number in -0- following ellGh identified use co"esponds to the
SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined
under the-SIC code but may be further defined In Section 2.00.00 of this code.
2. Pennltted Uses
a. Adjustment/coUection & credit reporting services (732)
b. Advertising en1)
c. Communications - except towers (4')
d. Computer programming, data processing and other computer related services (737)
e. Contrøct construction services - office only ('5.'1.'7)
f. Duplicating, mailing, commercial artIphotography and stenographic services (733)
g. Engineering, accounting, research, management & related services (17)
h. Executive,legislative, and judicia1 functions "1.82.13..........7)
i. Finance, insurance, and real estate services (10..1,12,13....15..7)
j. Health services - except nursing homes and hospitals (10)
k. Membership organizations, except religious organizations (II)
I. Miscellaneous business services:
(1) Detective, guard and armored car services (7311)
(2) Security system services (7312)
(3) News syndicate (7313)
(4) Photofinlshing laboratories (7314)
(5) Business Services - misc. v-)
m. Personnel supply services (731)
n. Social services:
(1 ) Individual & family social services (132113')
(2) Job training and vocational rehabilitation services (133)
o. Travel agencies (4724)
3. Lot Size Requirements
Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7.04.00.
5. Off-street Parking and Loading Requirements ..
Off-street parking and loading requirements are subject to Section 7.06.00.
6. Landscaping Requirements
Landscaping requirements are subject to Section 7.09.00.
-Adopted August 1. 1990
116
RevisedThraugh 08101100
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Section 3.01.03
Zoning District Use Regulalions
7.
Conditional Uses
a. Child care services ,I.)
b. Television and radio transmitting towers (WI)
c. Telecommunication towers· subject to the standards of Section 7.10.23 (WI)
eo Accessory Uses
Accessory use are subject to the requirements of Section 8.00.00 and include the following:
a. Eating and drinking places (undistilJed alcoholic beverages as an accessory to a restaurant).
b. Postal services. '43)
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117
Revised Through 081'01100
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tlOARD OF
COUNTY
COMMISSIONERS
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COUNTY.,
FLORIDA ,-
GROWTH
MANAGEMENT
April 22, 2005
In accordance with the Sl Lucie County Land Development Code, you are hereby advised that Kenneth Pølestrant,
M.D., A.B.F.P., has petitioned St. Lucie County for a Change in Zoning ftom AR-l (Agricultural, Residential- 1
dulacre) Zoning District to CO (Commercial, Office) Zoning District for the following described property:
Location:
NE Corner of Midway Road and Christensen Road~t. Lucie County, FL
THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST
The second pubUc hearing on the petitiøn wiU be held at 6:00 P.M., or as soon thereafter as possible, on May 17,
2005, County Commissioner's Chømbers, SL Lucie County Administration BuUding Anna, 2300 Virginia Avenue,
Fort Pierce, Floridll. All interested persons will be given an opportunity to be heard at that time. Written conunents
received in advance of the public hearing will also be considered. The County Planning Division should receive written
comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing.
County policy discourages communication with individual County Commissioners on any case outside of the scheduled
public hearing{s). You may speak at a public hearing, or provide written comments for the record.
The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any
decision made by the Board of County Conunissioners with respect to any matter considered at such meeting or hearing,
he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the
request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the
proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it
becomes necessary, a public hearing may be continued to a date-certain.
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County
Growth Management Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772)
462-1428.
If you no longer own property adjacent to the above-descn'bed parcel, please forward this notice to the new owner.
Please call (772) 462-1577 if you have any questions, and refer to: File Number: RZ-OS-OOl.
Sincerely,
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
~~"ö,.~/~
JOSEPH E. SMITH. Disttict No.1. DOUG COWARD. District No.2. PAULA A. LEWIS. District No. :J . FRANNIE HUTCHINSON. District No.4· CHRIS CRAFT. District No.5
County Administratot . Douglos M. Andetson
2.300 Virginia Avenue · Fort Pierce, FL .34982-5652
Administration: (772) 462-1590 . Planning: (772) 462-2822 · GISlTechnical Services: (772) 462-155.3
Economic Development: (772) 462-1550 · Fax: (772) 462-1581
Tourist Development: (772) 462-1529 · Fax: (772) 462-21.32
www.co.5t-lucie.fLu5
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AGENDA ITEM 4: KENNETH P ALESTRAN
Diana Waite with the Planning Division said t e eti f th Pal rant for' a
change in zoning from Agriculture, Residential which allows one <lweI mg unit per he acré to
the Commercial, Office Zoning District. Mr. Palestrant's property is located on the northeast
comer of Christensen Road and west Midway Road. This is about y.¡ mile east of the intersection
of 25th and Midway. The zoning districts surrounding the property are Commercial, Office on
the east side, Institutional to the northeast and Agriculture, Residential on the west and directly
north. Residential uses are located to the south, across Midway Road. The property is in a
Residential, Suburban designated area which allows Commercial, Neighborhood and
Commercial, Office uses. The applicant states that the purpose of the request is to allow for the
development of a medical clinic and professional offices. The applicant recently submitted a site
plan, which is under review by staff. Staff has reviewed this petition for consistency with the
County's Land Development Code and Comprehensive Plan and finds it does meet the standards
of review. Staff recommends that you forward this application to the Board of County
Commissioners with a recommendation of approval.
Vice-Chair Hearn - Under the comments section it says the applicant states the intended purpose
for the requested rezoning is to development, I guess we said develop property for a medical
clinic and other professional office uses. The applicant states that the applicant is aware of the
County's preference for Planned Non-Residential Development (PNRD) application, but that
they were contractually required to seek rezoning by a certain date. My understanding is
Planned Non-Residential Development is a zoning change, and I think that would satisfy the
requirements of any contract required that be done by a certain date, am I wrong with that or?
Ms. Waite - Yes, I believe that what the situation was, they were under contract to seek the
zoning by a certain date and that did not allow time to prepare the site plan and the details that
would be needed for submittal of a Planned Unit Development application.
Vice-Chair Hearn - But as I read this, it just states that they were required to seek the rezoning
by a certain date, it doesn't say that it needed to be rezoned by a certain date. I'm not sure if I'm
reading that wrong, or I think, them applying for rezoning satisfies the requirement that they seek
approval by a certain date.
Ms. Waite - That's correct, that is my understanding. The applicant is here and can best address
that question.
Vice-Chair Hearn - My point is, and maybe I'm not making myself clear, if I'm reading this
right, the applicant was required to seek a rezoning by a certain date. It doesn't say that the
rezoning has to be approved by that date.
Ms. Waite - That's correct.
Vice-Chair Hearn - If they started the process, that to me satisfies the requirement that they do
that.
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Chair Grande - Perhaps the applicant can address that.
Richard Sneed, Attorney for Dr. Palestrant, that is my language and I hope it didn't lead to any
confusion. As Ms. Waite mentioned the reason why we didn't file the PNRD was the lead time.
We were contractually obligated to file a petition to rezone the property. As I nonnally do I met
with staff before I do anything and filing and we decided to file the petition to rezone and put in
our petition to rezone that we had every intention as soon as we could to file for site plan
approval and we have done that. We did that within a 60 day window, we were contractually
obligated to have the property rezone so we took the route of just filing the petition to rezone and
within that window of 60 days as you can see, we have Ernesto Velazco of the Velcon Group
with us, he has prepared for Dr. Palestrant a site plan that's technically and legally sufficient and
a landscaping plan has been filed and an application has been filed to have that site plan
certification approved. So we wanted to give you the impression that we're just not here to
rezone a piece a property, we're here to have it approved and in fact, I even sent a copy to the
chainnan of the site plan and I think staff even forwarded it on to you as well. So that you could
see that this was a legitimate request of Dr. Palestrant to locate his Urgent Care facility at this
location.
Chair Grande - Contractually obligated to whom?
Mr. Sneed - In our application we told you that we were buying the property contingent upon
being able to put Dr. Palestrant's Urgent Care facility there, so under our contract, in fact the
seller's representative Mr. Klein, we are the buyer of the property and under the contractual
tenns of it we want to be able to do what we want to do when we buy the property and close on it
and naturally that's a provision and Mr. Klein represents the seller.
Vice-Chair Hearn - The way I read it was that all you had to do was show good faith that you
were applying for a rezoning.
Mr. Sneed - Right, the County would not accept a PNRD without a site plan, landscape plan,
survey and they have a litany of things; so a PNRD is a package that goes in, what we did is in
two steps and we hopefully tried to show good faith in doing it that way. That's what we were
contractually in a bind to do.
Vice-Chair Hearn - You're not saying to us tonight that this will become a PNRD?
Mr. Sneed - We are saying we're seeking rezoning and we're seeking site plan approval in
tandem and they're filed together. We filed both applications with the County.
Vice-Chair Hearn - Where I'm uncomfortable with is and I want you to understand this, if I
understand our codes correctly, if we rezone your property, you don't have to do exactly what
you say you're going to do with your property. If you do a PNRD, you have to.
Mr. Sneed - We understood that and that's why I went to great lengths to show in our initial
application that we were not here just to rezone property, that we had a contractual bind, and that
when Lmet with staff, and wrestled with our contractual problem that that's what we wanted to
do. If there is any way of converting and saying that we can convert this we would be happy to
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do that as well. We're not here to say that we're not going to do what we're saying we're going
to do and we have filed that application in good faith and got it before you and even tried to get it
before you all which we accomplished and I suggested to my client that we really need to do this,
that we would show good faith in filing a site plan and paying the money and going through the
process. There is a lot of soft cost involved, we have the Ve1con Group involved and we have
pretty much spent all that money to do it and that's not something we would be doing if we're
just sitting here to try to just rezone something.
Vice-Chair Hearn - Diana, is the site plan something that you have to approve after the rezoning
takes place, or is this something they're doing voluntarily, but there is no legal obligation to
follow through on that?
Ms. Waite - A site plan is a completely separate application and there would be no obligation for
them to follow through with the site plan review. I don't believe that's his intent, but he could
withdraw the site plan application.
Vice-Chair Hearn - I don't either, and I hope Mr. Sneed and Dr. Palestrant understand that.
Mr. Sneed - We don't take it that way and I fully appreciate what you're telling me and I
put that in our application that I knew what your pleasure was, and we tried to meet that
pleasure by doing it in two stages. If there is any way that we can contractually obligate
ourselves not to do anything with the property without site plan approval, the doctor
would consent to that or stipulate to that.
Vice-Chair Hearn - I understand that, but our problem is that we can't put any conditions
on a rezomng.
Chair Grande - I guess the only that we can do really is, has the site plan application been
filed?
Ms. Waite - Yes it has, it was filed on April 8 and submitted to the other departments for
review. I believe it will be another week or two before we have the first round of
comments back. I didn't see any major issue; the only major issue we'll have to look at
is Midway Road capacity, our Public Works Department will be looking at that. But
otherwise it's a pretty straight forward, simple site plan. There is a buffer. I believe you
have a copy of the site plan, so you can make suggestions. Any suggestions you have
regarding the site plan, we can take those back and then continue to make those requests
through the site plan process.
Chair Grande - I was just concerned as to whether or not it had been filed, but it has and
it's in the process.
Ms. Hammer - The site plan that has been filed, if that's approved, can they come in and
change it with a rezoning? They can change the site plan?
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Ms. Waite - Yes.
Ms. Hammer - I have a question. There are four buildings on 2.2 acres, what are your
intentions for those buildings.
Dr. Kenneth Palestrant - I am a local physician in the community, primarily down in Port
St. Lucie and have been in the Emergency Department for many years locally and two
years ago I opened up an Urgent Care Center down in Port St. Lucie. Urgent Care
medicine is pretty much an alternative to people going to Emergency Department. It is
an alternative to people who cannot get in to see their own primary doctor. We take care
of pretty much all comers, everything from kids to adults, elderly, trauma, x-ray, very
similar to almost a free standing emergency urgent care experience. I felt that there is a
tremendous need up in this area. We do a fair amount of industrial medicine and
workman's compensation. A lot of our clients actually come from north of this particular
site, the Midway Road Distribution Center for Wal-Mart, the Wal-Mart up in
Okeechobee Road, several industries up in Fort Pierce and I felt that there was a need in
this catchment area of Fort Pierce for an urgent care center. The emergency departments
are over burdened. I felt that Midway Road was a very good corridor to be on. One of
the things that you need for urgent care is a vibrant community. A lot of our business is
walk-in so therefore a good site is important. This particular piece of property, I could
not find the actual size that I particularly wanted, which was smaller than this. One of
those buildings, one of those front 5,000 square foot buildings, is going to be my urgent
care center. The remaining 5,000 square foot and two 3,000 square foot buildings in the
back are going to be professional office space and the intention is for me primarily is to
open up an urgent care center. That's my primary, obviously to plunk it down in the
middle of two acres really wouldn't be best utilization of that particular property and I
feel that in the future with that particular area, the growth that there is going to be a need
for additional physician office spaces, professional office spaces and I feel that this would
certainly be suitable.
Ms. Hammer -I'm not sure who should answer this, but we have a letter from a resident
that is just north of you about a conflict over surveys and I'm not sure on the site plan
that I see, it looks like what you think is your property line runs straight through their
driveway. Did you see a copy of the letter and questions from the resident?
Dr. Palestrant - I have not seen a copy of the letter, there have been some issues with the
survey and I'll defer that to Ernesto Velasco with Velcon Engineering who did the survey
for myself.
Ernesto Velasco with the Velcon Group and we are an engineering surveying firm. We
are working with Dr. Palestrant on this project and there is indeed a conflict with the
property to the north. I am not a surveyor, but we did take a look at this particular
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conflict and my surveyor had met with the neighbor to the north's surveyor just recently,
a day or two ago. They provided us a copy of their survey so that we can compare it to
ours. The only thing I can tell you at this time since we have not gone and done anymore
research on it, there is a discrepancy between the two legal descriptions, that I am sure of.
There is apparently an 8 foot discrepancy between the neighbor to the north and Dr.
Palestrant's property in terms again of legal descriptions. As far as I'm concerned, as far
as Velcon Group is concerned, we are representing in our drawing what was issued to us
as a Warranty Deed and the legal description in that Warranty Deed. As to the nature of
the discrepancy or why the neighbor to the north has conflicting legal description, I don't
know the answer to that. As far as Dr. Palestrant's property is concerned and the legal
description found in that Warranty Deed that Dr. Palestrant has, they are corresponding
and they are as far as my knowledge goes correct.
Chair Grande opened the public hearing.
John Fossati I live at 4940 Christensen Road. If the line is in the middle of my driveway,
naturally I'm a little upset and my well would be in question. The problem I have is that
mine is an acre zoning area. When I bought the property, they surveyed it, I have a
warranted survey and in order to accomplish the acre, they had to go to 137 foot frontage
and it comes out to 43,000 and change which gives me an acre. If you cut 7 feet off it, I
have less than an acre. When I purchased the purchased the property they didn't ask for
any rezoning or any change of acre zoning and this is where I'm bucking heads with
them. I have less than an acre if their line stands. There is never a variance issued for
less an acre.
Chair Grande - I think this is something though that this board would not be concerned
with. The question really is, Heather, I guess is, what would you recommend to this
property owner at this point and time.
Ms. Young - My first recommendation is that you probably need to consult with an
attorney about the legal description on your Deed. I believe in the document, your letter
you said it is the same seller that's selling the property to the doctor, so at least the seller
is still around, but I would recommend that you consult with your attorney to see what
the problems are with your deed and what you all can do to resolve it. You may want to
speak to Mr. Sneed as well, if he is familiar with the property, before you all leave.
Mr. Fossati - Can the County let it stand when it's a one acre zoning and there has not
been a variance.
Ms. Young - We may have to look at whether your lot isn't going to become a non-
conforming use in the lot if it is less than the acre. As far as the petition before them
tonight, I believe even if from what I've seen in the staff documents, even if there is a
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problem with that seven acres, or seven feet down the road, I believe there is still
insufficient property to qualify for the CO zoning.
Mr. Fossati - But they haven't changed their site plan and if their site plan stands, then
they are going to infringe upon my property.
Ms. Young - As far as the site plan goes, obviously those survey issues are going to have
to be resolved before we can sign off on it at County level.
Mr. Fossati - Then the County doesn't have any responsibility?
Ms. Young - What they're doing tonight really doesn't deal with the site plan. They're
just looking at the rezoning issue. So I think if they chose they could go ahead and act on
that tonight, but we're going to obviously need to get the survey issues resolved before
the site plan can be approved.
Mr. Fossati - It can be resolved simply by the seller putting the line where it's supposed
to be, which may infringe upon his zoning to get his four buildings in, having enough
square footage, so we have to go to an attorney.
Ms. Young - That's going to be something between you three parties to deal with. That
would be my recommendation.
Vice-Chair Hearn - Aside from your boundary dispute, do you have any problem with
this rezoning.
Mr. Fossati - No, the only problem I have, personally I move from county to county in
this state, from New York and if you allow any more businesses without getting the road
straightened out, you're going to be facing another $168M to build eight miles of road
like you do in Port St. Lucie. They're taking 100 houses to build eight miles of road, if
you don't get the road straightened out and you keep giving these variances, you're going
to be at gridlock, you won't be able to drive over these roads.
Chair Grande - Whatever happens in this one, we promise not to move the West Virginia
Corridor past your house.
Ms. Young - There is a plan that is moving ahead, as a matter of fact we had a meeting
this week regarding Midway Road being addressed, the capacity being addressed. It is
going to be looked at, it's actually going to start in June.
Mr. Fossati - There's a lot of problems on Midway Road because of right- of-ways and
what I understand is the right-of-way for the road changes from 65 feet to 45 feet at my
property or near my property, so that's going to be another thing that's going to have to
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be taken into consideration. May have to take more of this property to get your roadway
m.
Chair Grande - That will be part of the road project and they will work with all of the
homeowners that have frontage that mayor may not become part of the right-of-way.
Mr. Fossati - Who is going to pay the taxes for $168M for eight miles of road? Thanks.
Mr. Sneed - From what I understand, I'm not handling the title on this transaction and
between Mr. Klein and another lawyer in Stuart, they are. We will certainly cooperate
with him and I think there is a common ownership that created his parcel that we're
buying from so there's obviously going to be some solution to it and we certainly want to
have a solution to it. We're fully cooperative in that area to resolve that matter, but we
were not aware of it until the survey was performed. All of that was disclosed in the
county, it is part of the survey, part ofthe site plan application, there's a survey as part of
that application and you'll have that. We'll certainly work with this gentleman.
Vice-Chair Hearn - Do you have any particular office hours or is it going to be pretty
much 24 hour day, if necessary?
Dr. Palestrant - No, not 24 hours, I did that when I was in the emergency room. No,
basically it's going to be 7 days a week, probably not to start out at the very beginning.
Just to give an example, my urgent care center down in Port St. Lucie, we're open
Monday thru Saturday, we're going to Sunday hours. I was pretty badly damaged by the
hurricane. I actually operate of a trailer and part of my office for unfortunately six
months, so we're still not really completed with our construction. Once our construction
is completed and I'm able to get the staff, we're going to go to Sunday hours. That's the
whole concept behind urgent care, is that the emergency departments, unfortunately, are
overburdened with patients who really don't necessarily need to be there.
Chair Grande - What hours during the day?
Dr. Palestrant - 9 a.m. to 6 p.m., Monday thru Friday, 9 a.m. to 5 p.m. on Saturday and
probably 10 a.m. to 2 p.m. on Sunday. But I would probably not just start right out with
Sunday, unless there is a need for it. If I see that there is a volume of patients that are
coming in, obviously we're going to do that. We may end up doing it anyway because
we already have a fair amount of patients up in this area who are coming down from Fort
Pierce and even as far as Okeechobee coming to our center. We provide good care, so
that's part of it too.
Vice-Chair Hearn - That's the beauty that we would, the comfort that we would have, if
this was a PNRD, they would be your hours. The way it is now, those hours could
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change to 24 hours a day, if you wanted them to with a straight rezoning. That's where
I'm having a problem with this issue.
Dr. Palestrant - A 24 hour day is just not feasible.
Vice-Chair Hearn - I understand that, but I want you to understand that it could be if you
changed your mind. With the PNRD you could not do that.
Dr. Palestrant -I'm not really familiar with all the particular zoning, I'm a physician, not
a real estate investor. But basically all I can say is I'm not going to keep a place open 24
hours, the overhead to staff it, first of all, you're not going to get a physician to cover
that. They work in emergency department, they're highly compensated, I did that, you're
not going to find me there at 3 o'clock in the morning certainly. The majority of urgent
care centers do offer extended hours, that's what defines them as urgent care, extended
hours beyond what a physician office, a normal physician office is able to offer. For
example, some of my busiest time is from 5 to 6 p.m. You go to the doctor's office at
4:30 p.m., maybe even earlier than that, you'll get the answering machine. It's a need
that's definitely is indicated. I can go on record that I'm not going to have an urgent care
open 24 hours. Number one because there is not that significant of a need and Number
two because it is not really financially feasible.
Chair Grande closed the public hearing.
Mr. McCurdy - After considering the testimony presented during the public
hearing including staff's comments and the standards of review as set forth in
Section 11.06.03 St. Lucie County Land Development Code I hereby move that
Planning and Zoning Commission recommend that the S1. Lucie County Board of
County Commissioners grant approval to the application of Kenneth Palestrant, for
a Change in Zoning from the AR-l (Agricultural Residential-l du/acre) Zoning
District to CO (Commercial, Office) Zoning District, because the Midway Road
Corridor is destined to become a Commercial, Office Zoning District probably with
retail, it makes sense.
Ms. Morgan seconded the motion.
Upon roll call vote Vice-Chair Hearn voted no only because I don't like being put in
the position to have to do a straight rezoning when I think a PNRD would have been
much more appropriate and everybody would have assurances of what would have
happened.
Ms. Hammer voted no also for the reasons that Mr. Hearn stated, I would feel much
better if we had a means to fall back on to protect the residents to the north.
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Ms. Morgan, Mr. McCurdy, and Mr. Grande voted yes.
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Planning and Zoning Commission Review: 04/21/05
File Number RZ-05-001
MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
TO: Planning andZöning Commission
FROM: David Kelly, Planning Manager çri-
DATE: April 13. 2005
SUBJECT: Application of Kenneth Palestrant, for a Change in Zoning from the AR-1
(Agricultural, Residential - 1 du/ac) Zoning District to the CO
(Commercial, Office) Zoning District.
LOCATION: Northeast comer of the intersection of West Midway Road
and Christensen Road.
EXISTING ZONING: AR-1 (Agricultural. Residential- 1 du/ac)
PROPOSED ZONING:
FUTURE LAND USE:
PARCEL SIZE:
PROPOSED USE:
PERMIITED USES:
SURROUNDING ZONING:
SURROUNDING LAND USES:
CO (Commercial, Office)
RS (Residential, Suburban - 2 du/ac)
2.2 acres
Medical clinic and professional office complex
Attachment "A" - Section 3.01.03(R) CO (Commercial,
Office) - contains the designated uses. which are permitted
by right, permitted as an accessory use, or permitted
through the conditional use process. Any use designated
as a "Conditional Use" is required to undergo further
review and approvals. Any use not found within the zoning
district regulations are designated as prohibited uses for
that district.
CO (Commercial, Office) Zoning to the east and I
(Institutional) to the northeast. AR-1 (Agricultural,
Residential - 1 d u/a ere ) Zoning is located to the north and
west. RS-4 (Residential, Single Family - 4 du/acre) is
located to the south.
A residential home is located to the north, an abandoned
residential home to the west and a residential subdivision
to the south across West Midway Road. An office use is
adjacent to the east.
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Apríl 13, 2005
Page 2
Subject: Kenneth Palestrant
File No.: RZ-05-001
The Future Land Use Designation of the surrounding area
is RS (Residential, Suburban) to the north, immediately
east and west; RU (Residential, Urban) to the south and
P/F (Public Facilities) to the northeast.
FIRE/EMS PROTECTION:
Station #6 (350 East Midway Road), is located
approximately 2 miles to the east.
UTILITY SERVICE:
The property is witmn the Ft. Pierce Utilities Authority
service area.
TRANSPORTA~ONIMPACTS
RIGHT-OF-WAY
ADEQUACY:
The existing right-of-way for West Midway Road is an 80
foot. The existing right-of-way for Christensen Road is 50
feet. Additional right-of-way will be required.
SCHEDULED
IMPROVEMENTS:
None.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Concurrency Deferral Affidavit.
.***...**...***...*******..***.**.*......***..***...***.*-***********
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning
Commission shall consider and make the following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions
of the St. Lucie County Land Development Code;
The proposed zoning district is consistent with the St. Lucie County Land
Development Code and has met the standards of 11.06.03.
2. Whether the proposed amendment is consistent with all elements of the Sl
Lucie County Comprehensive Plan;
The proposed change in zoning is consistent with all elements of the St. Lucie
County Comprehensive Plan. The request is compatible with the RS (Residential,
Suburban) Future land Use Designation, which allows commercial office zoning
and Future Land Use Policy 1.1.8.4 which sets forth standards for locating non-
residential uses within areas classified for residential uses. These -standards
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April 13, 2005
Page 3
Subject: Kenneth Palestrant
File No.: RZ-05-001
require the property to be located on an Arterial or Collector roadway (Midway
Road is an arterial), the use to be compatible with surrounding uses and provided
with adequate screening and buffering of any adjacent residential property, the
site does not exceed 1D acres, the site does not have it's primary driveway
access onto any local or minor collector street, and conversion of the property
would not promote any strip commercial use of land. Adequate property is
available to provide the required buffering and access from West Midway Road
that will be addressed through the site plan process. Staff believes the proposed
zoning can be considered as part of a larger aggregation of non-residential uses
located between South 25th Street and Christensen Road.
3. Whether and the extent to which the proposed zoning is inconsistent with
the existing and proposed land uses;
CO (Commercial, Office) Zoning is consistent with the evolving commercial office
and institutional uses within this area of West Midway Road. These zoning
districts are considered compatible with existing residential uses.
4. Whether there have been changed conditions that require an amendment;
A growing residential population in the area and the proposed widening of West
Midway Road are changed conditions that do not require an amendment.
However, these are conditions that can support additional non-residential
services to fill the needs of a growing community. The proposed change in
zoning is the same as nearby parceJs and would provide additional medical
services in close proximity to a growing area.
5. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether or to the extent to which the
proposed amendment would exceed the capacity of such public facilities,
Including but not limited to transportation facilities, sewage facilities, water
supply, parks, drainage, schools, solid waste, mass transit, and emergency
medical facilities;
The intended use for this rezoning is not expected to create significant additional
demands on any public facilities in this area. Any future development proposal
will be required to demonstrate that adequate water and sewer facilities are
available and the service provider is willing to service the project site. Prior to the
issuance of any final development order sufficient capacity on West Midway
Road must also be demonstrated.
6. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the naturat environment;
The proposed amendment is not anticipated to create adverse impacts on the
naturBI environment. Any future development of this site will be required to
comply with all state and local environmental regulations. The site currently
contains several large oaks. Preservation of these trees and any other
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April 13,2005
Page 4
Subject: Kenneth PaJestrant
File No.: RZ-05-o01
environmental feature will be addressed as a part of any proposed development
plan.
7. Whether and the extent to which the proposed amendment would result in
an orderly and logical development pattern specifically Identifying any
negative affects of such patterns;
The proposed amendment would result in an orderly and logical development
pattern. The property is located on a major arterial and adjacent to an existing
commercial office use.
8. Whether the proposed amendment would be in conflict with the public
interest. and is in harmony with the purpose and intent of this Code;
The proposed amendment is not in conflict with the public interest and is in
harmony with the purpose and intent of the St. Lucie County Land Development
Code.
COMMENTS
The petitioner, Kenneth Palestrant, has requested this change in zoning from the AR-1 - (1
du/ac) to the CO (Commercial, Office) Zoning District on property located on the northeast
corner of the intersection of West Midway Road and Christensen Road. The applicant states the
intended purpose of the requested rezoning is to development the property for a medical clinic
and other professional office uses. The application states that the applicant is aware of the
County's preference for a Planned Non-Residential Development application but that they were
contractually required to seek rezoning by a certain date. The application stated that an
application for site plan approval or conversion to PNRD will be provided within 60 days of the
applicant of the Change in Zoning. On April 8, 2005, a Minor Site Plan and Certificate of
Capacity application was submitted for the property under review. The name of the proposed
development is the Midway Road Profession Plaza (see attached).
Attached is a copy of Section 3.01.03(R) - CO (Commercial, Office), of the St. Lucie County
Land Development Code, which delineates the permitted, accessory, and conditional uses
allowed in this zoning district. If a change in zoning is approved, the applicant, by right, would
be allowed to establish any of the uses under the Permitted Uses section. Any use under the
Accessory Uses section would be allowed only if one or more of the permitted uses exist on
the subject property. Any use under the Conditional Uses section could only be allowed if it
first receives approval through the Board of County Commissioners.
Staff has reviewed this petition and determined that it conforms to the standards of review as
set forth in Section 11.06.03 of the 51. Lucie County Land Development Code and is not in
conflict with the goals. objectives. and policies of the St. Lucie County Comprehensive Plan.
Staff recommends that this Board forward a recommendation of approval to Board of County
Commissioners.
Please contact this office if you have any questions on this matter.
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April 13, 2005
Page 5
Attachment
cc: File
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Subject: Kenneth Palestrant
FHe No.: RZ-oS-OO1
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Suggested motion to recommend approval/denial of this requested change in zoning.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE
APPLICATION OF KENNETH PALESTRANT, FOR A CHANGE IN ZONING FROM THE AR-1
(AGRICULTURAL, RESIDENTIAL - 1 DUlAC) ZONING DISTRICT TO THE CO
(COMMERICAL, OFFICE) ZONING DISTRICT, BECAUSE....
[CITE REASON[S] WHY - PLEASE BE SPECIFIC].
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING.
INCLUDING STAFF COMMENTS. AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPLICATION OF KENNETH
PALESTRANT, FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL.
RESIDENTIAL - 1 DUlAC) ZONING DISTRICT TO THE CO (COMMERICAL. OFFICE)
ZONING DISTRICT, BECAUSE....
[CITE REASON[S] WHY - PLEASE BE SPECIFIC].
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Section 3.01.03
Zoning District Use Regulations
E.
AR-1
AGRICULTURAL. RESIDENTIAL - 1
(
1. Purpose
The purpose of this district is to provide and protect an environment suitable for single-family
dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses
as may be necessary for and compatii>'e with very low density rural residential su"oundings. The
number in ·0· following each -identified use corresponds to the SIC code reference described in
Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be
further defined in Section 2.00.00 of this code.
2. Permitted Uses
a. Family day care homes. (II1II)
b. Family residential homes provided thåt such homes shall not be located within a radius of
one thousand (1000) feet of another existing such family residential home and provided that
the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies
the Board of County Commissioners at the time of home occupancy thatthe home is licensed
by HRS. (IIItI)
c. Single-family detached dwellings. Cetl)
3. Lot Size Requirements
Lot size requirements shall be in accordance with Table 1 in Section 1.04.00.
4.
Dimensional Regulations
(
Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00.
5. Off-street Parking Requirements
Off-street parking requirements shall be in accordance with Section 1.06.00.
6. Conditional Uses
a. Crop services (072)
b. Family residential homes located within a radius of one thousand (1000) feet of another such
family residential home. (I11III)
c. Industrial wastewater disposal. (II1II)
d. Kennels· completely enclosed. (0752)
e. Landscaping & horticultural services (018)
f. Retail:
(1) Fruits and Vegetables. (543)
g. Riding stables. (7",) ..
h. Veterinary services. (074)
i Telecommunication towers - subject to the standards of Section 7.10.23 C-I
7. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and include the foUowing:
Adopted August 1, 1990
101
Revised Through 08101100
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SeC:hO~ 3.01.C3
20,,"n; O'SIn::: use ~e;:ulallo!, s
a, Agriculture (farms and ranChes accessory to singl.family detached dwelling). /0";;1,
-b. Animals. subject to the requirements of Section 7.10.03. ....,
c. Guest house subject to the requirements of Section 7.10.04. ."'1
d. Mobile Home subject to the requirements of Section 7.10.05. rtttl
e. Retail and whOlesale trade· subordinate to the primary authorized use or activity.
.
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M r fAlGull1. 1110
102
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Section 3.01.03
Zoning DIstrict Use Regulations
,.
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R.
co
COMMERCIAl. OFFICE
1. Purpose
The purpose of this district is to provide and protect an environment suitable for selected office and
commercial uses, together with such other uses as may be necessary to and compatible with
commercial office surroundings. The number in -0- following each identified use corresponds to the
SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined
under the SIC code but may be further defined in Section 2.00.00 of this code.
2. Permitted Uses
a. Adjustment/collection & credit reporting services (732)
b. Advertising (731)
c. Communications - except towers (.')
d. Computer programming, data processing and other computer related services (737)
e. Contract construction services -office only (15.11.17)
f. Duplicating, mailing. commercial artIphotography and stenographic services (733)
g. Engineering, accounting, research, management & related services (17)
h. Executive, legislative, and judicial functions 111,12.13...."....17)
í. Finance, insurance, and real estate services (.0.11.12.13....15.67)
j. Health services· except nursing homes and hospitals (10)
k. Membership organizations, except religious organizations (86)
I. Miscellaneous business services:
(1) Detective, guard and armored car services (7381)
(2) Security system services (7312)
(3) News syndicate (7313)
(4) Photofinishing laboratories ,."..)
(5) Business Services· misc. (7_)
m. Personnel supply services (731)
n. Social services:
(1) Individual & family social services (13Vl3S)
(2) Job training and vocational rehabilitation services (e33)
o. Travel agencies (m.)
3. lot Size Requirements
lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7.04.00.
5. Off-street Parking and loading Requirements ~
Off-street parking and loading requirements are subject to Section 7.06.00.
6. Landscaping Requirements
Landscaping requirements are subject to Section 7.09.00.
Adopted August 1,1990
116
Revised Through 08101100
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Section 3.01.03
Zoning District Use Regulations
7.
Conditional Uses
(
a. Child care services 1!l3S)
b. Television and radio transmitting towers 1M)
c. Telecommunication towers - subject to the standards of Section 7.10.23 IH9}
8. Accessory Uses
Accessory use are subject to the requirements of Section 8.00.00 and include the foUowing:
a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant).
b. Postal services. 143)
(
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MaI*d August 1. 1996
117
Revised Through 08101100
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A petition of Kenneth Palestrant for a Change in Zoning District from AR-1
(Agricultural, Residential- 1 du/ac) to CO (Commercial, Office)
W Mídway Rd
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BOARD OF
COUNTY
COMMISSIONERS
'~=r. ~eJt:'1 E ~,."..",
COUNTY ;
F lOR I D A . ,...,
GROWTH
MANAGEMENT
March 30, 2005
In accordance with the St. Lucie County Land Development Code, you are hereby advised that Kenneth Palestrant,
M.D., ÆB.F.P., has petitioned St. Lucie County for a Change in Zoning from AR·I (Agricultural, Residential - I
dulacre) Zoning District to CO (Commercial. Office) Zoning District for the following described property:
Location:
NE Corner of Midway Road and Christensen Road, St. Lucie County, FL
THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST
The first public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on April 21, 2005,
County Commissioner's Chambers, SL Lucie County Administration Building Anna, 2300 VirginÚl Avenue, Fort
Pierce, J-1orida. All interested persons will be given an opportunity to be heard at that time. Written comments received
in advance of the public hearing will also be considered. The County Planning Division should receive written
comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing.
County policy discourages communication with individual Planning and Zoning Cormnissioners and County
Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide
written conunents for the record.
The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any
decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or
hearing, he \\'Îll need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the
request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the
proceeding \\ill be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it
becomes necessary, a public hearing may be continued to a date-certain.
Anyone with a disabi1ity requiring accommodation to attend this meeting should contact the St. Lucie County
Growth Management Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772)
462-1428.
If you no longer own property adjacent to the above-described parcel, please forward this notice to the new O\\'Iler.
Please can (772) 462-1577 ¡fyou have any questions, and refer to: f'ile Number: RZ-OS-OOl.
Sincerely,
ST. LUClE COUNTY PLANNING AND WNING COMMISSION
~~~~
Charles Grande, Chairman
JOSEPH [. SMI1H. Di~rrlC' No 1 . DOUG CowAf',D Di$rrI(1 No 2 . PAUL!", I. [WIS. D,s'"o I~(). J . mANNiE HUTCHiNSON D¡~mcr No. A . CHRiS (RAFT. D,s.!!cr No.5
(ownr, Adf'f'\:nl.sttQ'!'or Dou9lo~ M. Anêer~()tÎ
2300 Virginia Avenue · Fort Pierce, FL 34982-5652
Adminìsrrotìon: (772) 462-1590 · Planning: (772) 462-2822 · GISlTechnical Services: (772) 462-1553
Economic Development: (772) 462-1550 · Fax: (772) 462-1581
Tourist Development: (772) 462-1529 · Fax: (772) 462-2132
www.co.sr-Iucie.fl.us
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ST. UJœ COUNTY
PLANNlNIUNO JDNIiIG
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To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
,...v; COMMISSION ACTION:
~ APPROVED
c=J OTHER
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REVISED
Agenda Request Item Number
Date:
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05117/05
Consent
Regular
Public Hearing
Leg. [ ]
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[ X ]
Quasi-JD [ X ]
Board of County Commissioners
Growth Management
Presented By
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Assistant County Administrator
Consider Draft Resolution 05-139 granting a Conditional Use Permit to allow the
operation of a Family Residential Home within a 1,000 foot radius of another such
Family Residential Home in the RS-4 (Residential, Single-Family - 4 dulacre) Zoning
District for property located at 3004 Anderson Avenue.
-=:>
The petitioner, Margaret Bennett, has requested this Conditional Use Permit to allow the
operation of a Family Residential Home within a 1,000 foot radius of another such
Family Residential Home in the RS-4 (Residential, Single-Family - 4 dulacre) Zoning
District. (File No: CU - 05-003)
N/A
At the April 21, 2005, public hearing on this matter, the St. Lucie County Planning and
Zoning Commission, by a vote of 5 to 0 with four members (Russell Akins, John
Knapp, Ed Lounds and Ramon Trias) absent, recommended approval of the condition
use permit subject to one limiting condition.
Staff recommends approval of Draft Resolution 05-139.
c=J DENIED
4U~RENCE
- - ~".~ ~ Mœmoo
County Administrator
Approved 5-0
Itorney
~ Dept.:
Finance:
u9r
Coordinationl Signatures
Mgt. & Budget:
Environmental Res. Div.:
Purchasing:
Other:
...
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Commission Review: May 17, 2005
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO:
County Commission
FROM:
Assistant County Administrator
DATE:
May 11, 2005
SUBJECT:
Application of Margaret Bennett for a Conditional Use Permit to allow a
Family Residential Home in the RS-4 (Residential, Single-Family - 4
du/acre) Zoning District within a 1,000 foot radius of another Family
Residential Home - Draft Resolution 05-139
LOCATION:
ZONING DESIGNATION:
3004 Anderson Ave, Sheraton Plaza, Fort Pierce
RS - 4 (Residential, Single-Family - 4 du/acre)
LAND USE DESIGNATION:
RU (Residential, Urban)
PARCEL SIZE:
0.17 acre
PROPOSED USE:
Family Residential Home
SURROUNDING ZONING:
The subject property is adjacent to RS-4 (Residential,
Single-Family - 4 du/acre) to the east, south, and west and
IL (Industrial, Light) to the north across Canal No 1.
SURROUNDING LAND USES:
The existing land use surrounding the subject property is
residential and vacant industrial to the north across Canal
NO.1.
The Future Land Use Classification of the immediate
surrounding area is RU (Residential Urban) to the South,
East, and West. IND (Industrial) to the North.
FIRE/EMS PROTECTION:
Station #4 (2850 Curtis King Blvd) is located approximately
2.34 miles to the northwest.
UTILITY SERVICE:
Septic and Well
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May 11, 2005
Page 2
Subject: Margaret Bennett.
File NO.:CU-05-003
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
The existing right-of-way for Anderson Drive is 60 feet.
SCHEDULED
IMPROVEMENTS:
None at this time.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity.
*****************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed conditional use, the Board of County
Commissioners shall consider and make the following determinations:
1. Whether the proposed conditional use is in conflict with any applicable
portions of the St. Lucie County Land Development Code;
The proposed conditional use is not in conflict with any applicable portions of
the St. Lucie County Land Development Code. Section 3.01.03(J)(6), RS-4
Zoning District, allows a family residential home within a radius of 1,000 feet
of another such family residential home as a conditional use, subject to
Board of County Commission approval.
2. Whether and the extent to which the proposed conditional use would
have an adverse impact on nearby properties;
The proposed conditional use is not expected to adversely impact the
surrounding properties. The applicant proposes to operate a congregate
care facility for adult clients, not to exceed 3 persons.
3. Whether and the extent to which the proposed conditional use would
be served by adequate public facilities and services, including roads,
police protection, solid waste disposal, water, sewer, drainage
structures, parks, and mass transit;
This conditional use is not expected to create significant additional demands
on any public facilities in this area.
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May 11, 2005
Page 3
Subject: Margaret Bennett.
File No.:CU-05-003
4. Whether and the extent to which the proposed conditional use would
result in significant adverse impacts on the natural environment;
The proposed conditional use is not anticipated to create adverse impacts
on the natural environment. The existing house on the subject parcel will be
used in a manner similar to a residential unit.
COMMENTS
The applicant, Margaret Bennett, has applied for the requested conditional use in order to
operate a family residential home within a 1,000 foot radius of another such family
residential home in RS-4 (Residential, Single-Family - 4 du/acre) Zoning. This activity is
allowed as a conditional use in this zoning district upon approval of Board of County
Commissioners. Family residential homes are a permitted use within the RS-4 Zoning
District if no such family residential home is within a 1,000 foot radius.
The petitioner proposes to operate a group care home facility for 3 adult clients. Such a
use is limited to a maximum of six persons for anyone dwelling unit. A family residential
home currently operates within approximately 300 feet of the proposed family residential
home. Approval of this conditional use permit application will allow the applicant to apply
for the required zoning compliance certificate in order to operate the subject property as a
family residential home in conjunction with the already permitted family residential home.
At the April 21, 2005, public hearing on this matter, the St. Lucie County Planning and
Zoning Commission, by a vote of 5 to 0 with four members (Russell Akins, John Knapp,
Ramon Trias and Ed Lounds) absent, recommended approval of the requested
Conditional Use Permit with one limiting condition.
Staff has reviewed this petition and determined that it conforms to the standards of
review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code
and is not in conflict with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan. Staff recommends that the Board approve the petition for a
conditional use permit to allow a Family Residential Home in the RS-4 (Residential,
Single-Family - 4 du/acre) Zoning District within a 1000 foot radius of another such
Family Residential Home subject to the following condition:
The Family Residential Home shall be limited to a maximum of 3 (three) clients.
Attached is a copy of Draft Resolution 05-139, which, if approved, would grant the
conditional use permit.
~
May 11, 2005
Page 4
Please let this office know if you have any other questions.
SUBMITTED:
~
~ f':-
Faye Outlaw
Assistant County Administrator
~
lap
cc: Margaret Bennett
File
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Subject: Margaret Bennett.
File No.:CU-05-003
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RESOLUTION 05-139
FILE NO.: CUOS-003
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO ALLOW THE OPERATION OF A FAMILY RESIDENTIAL
HOME WITHIN A 1,000 FOOT RADIUS OF ANOTHER SUCH
FAMILY RESIDENTIAL HOME IN THE RS-4 (RESIDENTIAL,
SINGLE FAMILY - 4 DU/ACRE) ZONING DISTRICT FOR
CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including, but not limited to the staff report, has made the following
determinations:
1. Maraaret Bennett presented a petition for a Conditional use Permit to allow for the
operation of a Family Residential Home within a 1,000 foot radius of another such Family
Residential Home in RS-4 (Residential, Single Family - 4 du/acre) Zoning District,
depicted on the attached maps as Exhibit "B" and described in Part "B" below.
2. On April 21, 2005, the St. Lucie County Planning and Zoning Commission held a public
hearing on the petition, after publishing notice at least 10 days prior to the hearing and
notifying by mail all owners of property within 500 feet of the subject property, and
recommended that the Board of County Commissioners approve a conditional use
permit to allow for the operation of a Family Residential Home within a 1000 foot radius
of another such Family Residential Home in the RS-4 (Residential, Single Family - 4
du/acre) Zoning District for the property depicted on the attached maps and described in
Part B below.
3. On May 17, 2005, this Board held a public hearing on the petition, after publishing notice
at least 10 days prior to the hearing and notifying by mail all owners of property within
500 feet of the subject property.
4. The proposed Conditional Use is consistent with the goals, objectives, and policies of
the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section
11.07.03 of the St. Lucie County Land Development Code.
5. The proposed Conditional Use will not have an undue adverse effect on adjacent
property, the character of the neighborhood, traffic conditions, parking, utility facilities, or
other matters affecting the public health, safety, and general welfare.
6, The proposed Conditional Use will be serviced by adequate public facilities and services.
File No.: CU-05-003
May 17, 2005
Resolution 05-139
Page 1
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7. A Certificate of Capacity as required under Chapter V. St. Lucie Land Development
Code, a copy of which is attached to this resolution as Exhibit "A", was granted by the
Growth Management Director on May 17, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for Margaret Bennett to allow for the operation of a Family
Residential Home within a 1000 foot radius of another such Family Residential Home in
the RS-4 (Residential, Single Family - 4 du/acre) Zoning District is hereby approved for
the property owned by Margaret Bennett and described below, subject to the following
condition:
The Family Residential Home shall be limited to a maximum of 3 (three) clients.
B. The property on which this conditional use permit is being granted is described as follows:
SHERATON PLAZA - UNIT FOUR REPLAT LOT 246 (Property Tax ID# 1432-807-
0004-000/5)
(Location:
3004 Anderson Drive, Fort Pierce)
C. This Conditional Use Permit approval shall expire on May 17, 2006, unless a zoning
compliance is obtained or an extension is granted in accordance with Section
11.02.06(B)(3), St. Lucie County Land Development Code.
D. The Conditional Use Permit approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Margaret Bennett, including any
successors in interest, shall obtain all necessary permits and authorizations from the
appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local
building permits or authorizations to commence development activities on the property
described in Part B.
E. This conditional use permit is not assignable. Should Margaret Bennett choose to assign
this conditional use to another group care home facility, the new operator shall be required to
obtain a major adjustment to a conditional use permit to allow its continued operation at this
location.
F. The Certificate of Capacity, a copy of which is attached to this resolution as Exhibit "A", shall
remain valid for the period of Conditional Use approval. Should the Conditional Use
approval granted by this resolution expire or an extension be sought pursuant to Section
11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity
shall be required.
File No.: CU-05-003
May 17, 2005
Resolution 05-139
Page 2
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G. The St. Lucie County Growth Management Director is hereby authorized and directed to
cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie
County, Florida, and to make notation of reference to the date of adoption of this resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson
xxx
Vice-Chairman Doug Coward
xxx
Commissioner Paula A Lewis
xxx
XXX
XXX
Commissioner Joseph E. Smith
Commissioner Chris Craft
PASSED AND DULY ADOPTED This 17th Day of May 2005.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
Deputy Clerk
lap
H:\PLANNING\CU05-003 Bennett RES.doc
File No.: CU-05-003
May 17, 2005
Resolution 05-139
Page 3
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Exhibit A
Certificate of Capacity
File No.: CU-05-003
May 17, 2005
Resolution 05-139
Page 4
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10 .
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---- -............-
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Exhibit B
General Location Map
Area Subject to the Change in
Zoning
File No.: CU-05-003
May 17, 2005
Resolution 05-139
Page 5
---
'-
Section 3.01.03
......, Zoning D,strict Use RegulõllJons
J.
RS-4
RESIDENTIAL. SINGLE-FAMILY - 4
1. Purpose
The purpose of this district is to provide and protect an environment suitable for single-family
dwellings at a maximum density of four (~) dwelling units per gross acre, together with such other
uses as may be necessary for and compatible with low density residential surroundings. The number
in -0- following each identified use corresponds to the SIC code reference described in Section
3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further
defined in Section 2.00.00 of this code.
2. Permitted Uses
a. Family day care homes. fM9)
b. Family residential homes provided that such homes shall not be located within a radius of
one thousand (1~0) feet of another existing such family residential home and provided that
the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies
the Board of County Commissioners· at the time of home occupancy that the home is licensed
by HRS. 11199)
c. Single-family detached dwellings. (1ft)
3. Lot Size Requirements
Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7.04.00.
5. Off-street Parking Requirem.ents
Off-street parking requirements shall be in accordance with Section 7.06.00.
6. Conditional Uses
a.
Family residential homes located within a radius of one thousand (1000) feet of another such
_~. Jamily residential home. ('III)
Telecommunication towers - subject to the standards of Section 7.10.23 (l1li)
.
b.
7. Accessory Uses
·Accessory uses are subject to the requirements of Section 8.00.00.
Adopted August 1. 1990
107
Reviaed Through 0Bf011OO
A petition of Margaret Be~tt for a conditional use perr""'¡to allow a Family
Residential Home within a radius of 1000 feet of another such family residential home.
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PAGE 23. 01' nIf PUB-
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PURSUANT TO 'octIon
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I'1ANNING
AGENCY
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ST. LUCIE COUNTY
CONDITIONAL USE RESPONSE FORM
Section 11.07.01 (C) of the St. Lucie County Land Development Code provides that where a written protest
against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the
area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use
Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County
Commissioners.
The Applicant
Proposes
The Following
Conditional Use:
Regarding Property
Located At:
Currently Zoned:
To allow a Family Residential Home within a radius of 1,000 feet of
another such family residential home
3004 Anderson Drive, Fort Pierce
RS-4 (Residential, Single-Family - 4 du/acre)
Please Return To:
St. Lucie County, Department of Growth Management
Planning Division - ATTN: Faith S.
2300 Virginia Avenue, Ft. Pierce, FL 34982
Please check only one of the three following statements and return by:
May 9. 2005/
I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE
I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE
I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE
I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed
Conditional Use.
Name
(Please Print):
Address:
Date:
lj..-JS _ ûS
Signed:
JM!'~ '\z. Su..tt>
<1
Please note that any form returned without a name and address will not be considered. All returned
forms are a matter of public record and available for viewing upon request.
Comments:
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FILE NO. CU-05.o03 - Margaret Bennett
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ST. LUCIE COUNTY
CONDITIONAL USE RESPONSE FORM
Section 11.07.01 (C) of the S1. Lucie County Land Development Code provides that where a written protest
against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the
area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use
Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County
Commissioners.
The Applicant
Proposes
The Following
Conditional Use:
Regarding Property
Located At:
Currently Zoned:
To allow a Family Residential Home within a radius of 1,000 feet of
another such family residential home
3004 Anderson Drive. Fort Pierce
RS-4 (Residential, Single-Family - 4 du/acre)
Please Return To:
S1. Lucie County, Department of Growth Management
Planning Division - ATTN: Faith S.
2300 Virginia Avenue, F1. Pierce, FL 34982
Please check only one of the three following statements and return by: Mav 9. 2005.
I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE
I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE
I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE
x
I certify that. as of the date shown below. I am a property owner within 500 feet of the proposed
Conditional UseoC' ~ ~ 3~¿?7 ~~ {)~ .
== Priot) 1fz---:A.e-r i J'}~i£, G. ¡() / IJIf r<...
Address: --1L..5.s g' _ s¡;. €-.¿:{ ) fi; ',.Y 13..---~ PI.. '?1f7Ç¿)
Date:
~&?.s;tP»GSigned:
Y~/f~
Please note that any form returned without a name and address will not be considered. All returned
forms are a matter of public record and available for viewing upon request.
Comments:
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APR 2 ö 2005
Gravlin Managoment
FILE NO. CU.;Q5-D03 - Margaret Bennett
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AGENDA ITEM 3: MARGARET BENNETT - CU-05-003
Mr. Kelly introduced Linda Pendarvis, a long time County employee who worked previously in
the Zoning Department and now in Planning. He also introduced Sheryl Stolzenberg who spoke
briefly earlier.
Ms. Hammer requested the resumes of new employees to be sent to the board members.
Linda Pendarvis stated that this was the petition of Margaret Bennett who requested a
Conditional Use pennit to allow a family residential within a radius of a 1,000 feet of another
such residential home. The petitioner's request was located at 3004 Anderson A venue, Paradise
Park, Fort Pierce. The existing family residential home that was within 1,000 feet of the request
was located at 3009 Anderson A venue. The conditional use pennit approval would allow the
applicant to apply for the required zoning compliance certificate in order to operate the subject
property as a family residential home. Staff found that the petition met the standards of review
as set forth in St. Lucie County Land Development Code and was not in conflict with the St.
Lucie County Comprehensive Plan. Staff recommended that this petition be forwarded to the
Board of County Commissioners with a recommendation of approval.
Vice-Chair Hearn - The stars that are on our map indicating, is there two within 1,000 feet that
are already there?
Vice-Chair Hearn - Okay, and another question that I have, the applicant is asking for three
clients if you will for their conditional use, can that be made part of the condition on this?
Ms. Pendarvis - Ms. Pendarvis - No, there's just the one on Anderson Drive, the other one never
followed through with their license, so they never did actually receive a license.
Yes it can.
Vice-Chair Hearn - I would be anxious to see if the petitioner would be willing to do that. Also
my final question at this time, is the property securely fenced to the extent that residents cannot
wander into the canal area?
Ms. Pendarvis - Yes it is securely fenced. We do have picture, I don't know if it will come up.
But it does have a fence around the yard.
Vice-Chair Hearn - I'm talking about around the back.
Ms. Pendarvis - It is completely fenced.
Vice-Chair Hearn - And there is only one building on the property?
Ms. Pendarvis - Yes, and her request with the State for her license was for only three beds.
Margaret Bennett - I already have foster license for children, I have two kids that practically
grew up at my home, one was eight years old when I got him, and the other was 11, they're
P & Z Regular Meeting
April 21, 2005
Page 39
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developmentally challenged. Their parents' rights have been tenninated and I would hate to see
them uprooted and have to go to another residential, since I raised them in my home, they're like
my own and one of them is now graduating from high school, but he has no place to go and the
other one is the same. I would love to have them remain in my own, but they are adults now, so
I need adult license.
Vice-Chair Hearn - Are you okay having a condition on this for three additional?
Ms. Bennett - That's okay. Thanks.
Chair Grande opened the public hearing.
Chair Grande closed the public hearing.
Mr. McCurdy stated after considering the testimony presented during the public hearing
including staff comments and the Standards of Review as set forth in Section 11.07.03 St.
Lucie County Land Development Code I hereby move that the Planning and Zoning
Commission recommend to the St. Lucie County Board of County Commissioners grant
approval to the application of Margaret Bennett for a Conditional Use Permit to allow for
the operation of a family residential home within a 1,000 feet of another such family
residential home in the RS-4 (Residential, Single-Family 4 duJacre) Zoning District because
it makes sense with the condition.
Motion was seconded by Ms. Morgan.
Upon a roll call vote the motion passed unanimously.
P & Z Regular Meeting
April 21, 2005
Page 40
\.
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.....,
Agenda Request
Item Number:
Meeting Date:
5D-1
05/17/05
Consent
Regular
Public Hearing
Leg. [ ]
[ ]
[ x]
[ ]
Quasi-JD [
To:
Submitted By:
Board of County Commissioners
Growth Management
Presented By
Faye~1 ~~
Assistant County Administrator
Board consideration of options regarding the implementation of neighborhood
planning efforts through the Growth Management Department. These options were
prepared as a means to assist in managing future development in high growth
areas.
SUBJECT:
BACKGROUND:
Please see attached report
FUNDS AVAILABLE:
NA
PREVIOUS ACTION:
On April 5, 2005, the Board directed staff to draft viable neighborhood
planning strategies to assist in enhancing the sustainability of
development activities in high growth areas. Of particular concern is the
need to incorporate future traffic circulation/access and surface water
drainage issues proposed at the site plan level with comprehensive
neighborhood planning efforts.
RECOMMENDATION:
Staff requests direction from the Board.
COMMISSION ACTION:
c=J APPROVED D DENIED
c:3 OTHER
ZURRENCE:
L _
., ouglas M. Anderson
County Administrator
Coordinationl Sianatures
County Attorney
Finance. :
Environ. Resources;
y
Mgt. & Budget:
Fire Dept
Utility:
Purchasing:
Public Works:
Other:
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COMMISSION REVIEW: (INSERT DATE)
GROWTH MANAGEMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Faye Outlaw, Assistant County Administrator
DATE:
SUBJECT:
May 10, 2005
Board Consideration of Options Regarding the Implementation of
Neighborhood Planning Efforts
On April 5, 2005, the Board of County Commissioners directed staff to draft a list of viable
neighborhood planning strategies that would assist in enhancing the sustainability of
development activities in high growth areas and promote comprehensive planning at the
neighborhood planning level. This request was prompted through the high growth demand being
placed upon the Jenkins Road/Orange Avenue study area. The denial of the proposed Jenkins
Road South PUD (Regular Agenda Item 5D-2) emphasizes the need to coordinate
neighborhood level comprehensive planning and manage development's impacts upon traffic,
surface water drainage, and open space.
The Growth Management Department has prepared a list of options for Board consideration that
could be used in undertaking neighborhood planning activities (Attachment 1). Staff is seeking
direction from the Board.
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NEIGHBORHOOD PLANNING EFFORTS:
Options for Consideration
(As Prooosed bv the Growth Manaaement Deoartment}
Plannina Ootions:
1. The Growth Management Department could incorporate a
Current Plannina Division with new staff to administer
individual neighborhood planning workshops or charrettes for
specific sectors of the County where the pressures for new
growth and Ghange are easily identified. f-ìtcr
2. The County could undertake a joint planning effort with the City / \~L
of Fort Pierce pertaining to the Jenkins Road Corridor study .) I 0
area north of Orange Avenue. 0 \ r
3. The County could contract with a general planning consultant fJ'
to provide specialized neighborhood planning services on an
"as needed" basis. Hiring an experienced outside consultant by
the County/s a realistic option based- upon the complexity of
planning issues and challenges pertaining to a specific area.
4. Require a land development applicant to coordinate both the
implementation of a neighborhood planning workshop and the
hiring of an independent consultant to facilitate the workshop.
Critical Issues:
. Traffic circulation and access - each neighborhood planning
effort must incorporate a review of the MPO's long range
transportation plan "future roadway network" in conjunction with
off-site improvements, site access, and connections to
surrounding properties.
. Surface water drainage - neighborhood plans must also
address surface water drainage and stormwater runoff in
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conjunction with local, state, and regional surface water
management requirements and practices.
· Conserv-ation and open space - land and ecosystem
conservation practices and open space preservation must be
prioritized as a central theme for each neighborhood planning
workshop.
H:\NEIGHBORHOOD PLANNING.doc
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Agenda Request
Item Number:
Meeting Date:
5D-2
05/17/05
Consent
Regular
Public Hearing
Leg. [ ]
[ ]
[ ]
[x]
Quasi-JD [
To:
Submitted By:
Board of County Commissioners
Growth Management
P- :Q&~r:lted Ry
F aye\1ÝÍÍâw 'It--- r-'\_ --:;--:
Assistant County Administrator
Public Hearing on applicant's formal request to waive the two (2) year waiting
period requirement for the resubmittal of their denied PUD application regarding
the proposed Jenkins Road South PUD.
SUBJECT:
BACKGROUND:
Please see attached memo.
FUNDS AVAILABLE:
NA
PREVIOUS ACTION:
At its April 5, 2005 meeting, the Board denied the request for preliminary
PUD apJ;>roval of the proposed Jenkins Road South PUD. At the Board's
April12 meeting, the applicant requested the BOCC to waive the two (2)
year waiting requirement for a PUD resubmittal. The Board asked the
applicant to send a formal written request (attached) by April 21, 2005 for
consideration by the Board at its May 3rd meeting.
In order to inform area residents of this agenda item and future
neighborhood planning efforts for the Jenkins RoadlOrange Avenue study
area, the Growth Management Department mailed out notices to over
700 residents within a 1 mile radius. This item was postponed until the
Board's May 17th meeting in order to allow for this expanded study area
notification.
RECOMMENDATION:
Staff requests direction from the Board.
[X] APPROVED
CI OTHER
SD
Approved 5-0
Motion to approve the
waiver and return item
after the neighborhood
planning is complete.
o DENIED
CONCURRENCE:
¿~
¡. ouglas M. Anderson
County Administrator
COMMISSION ACTION:
Coordinationl Sianatures
nty Attorney
Finance.:
Environ. Resources;
)J
Mgt. & Budget:
Fire Dept:
Utility:
Purchasing:
Public Works:
Other:
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,
COMMISSION REVIEW: (INSERT DATE)
GROWTH MANAGEMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Faye Outlaw, Assistant County Administrator
May 1 0, 2005
Public Hearing on the Applicant's Request to Waive the Two (2) Year
Waiting Requirement for the Resubmttal of their Denied PUD.
On April 5, 2005, the Board of County Commissioners denied a request for preliminary PUD
approval for the proposed Jenkins Road South PUD. At the April 12, 2005 Board meeting, the
project's applicant requested the Board to waive the two (2) year waiting period for the
resubmittal of their denied PUD application. Per this request, the Board asked the applicant to
send a formal written request (Attachment 1) by April 21 st in order to schedule it on the May 5th
agenda.
In that the Board desires to consider future development activities in concert with
comprehensive neighborhood planning efforts, the Growth Management Department sent out
notification on this particular agenda item to over 700 area residents on May 5, 2005
(Attachment 2). The notification also serves as a notice for citizen participation in the
neighborhood planning efforts and the upcoming workshop for the Jenkins Road/Orange
Avenue study area.
FRD'1 :
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FAX I-IJ.
". 21 2æ5 01:22PM P2
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(V;1/(») ..,(j.:. ;,"
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MolIn Office
601 5.l furl St. Lud. Blvd.
PO" 51. Lude, fL 34984
772-878-8710 PlIone
772-878.8466 Fu
Brioll1ch Offlc,
1109 Oft.1WioIrt ~"."u,
. fort l'lerce, FL 3.950
I'ho~ 772-878-a7JO
Fax 712-878.8~
'-- - -
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----:--.
LANO lISt . '~NING lit ZONING· PERJOUTTING (SuI' lit ffldrnl) . ~ EST... TE rnlle)
~-
--'---
Aprii 21, 2005
Chairperson Frannie HutchilJ$On
St. Lucie County Board of County Commissioners
2300 Virginia A venue
Fort l!ierce, FL 34982
RE: Jenkins Road South PUD
Dear Chairperson Hutchinson:
Please consider this a formal request to the Board of County Commissioners to agenda a .
motion to waive the two year waiting requirement.for the Jenkins Rom South PUD.
If you have any (!uestioDs, ·please CQ,ntact Die at 772-878-8730.
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ABMljdp
CC: Commissioner Joseph Smith
Commissioner Doug Coward
Commissioner Paula Smith
Commissioner Chris Craft
Do1l8 Anderso~, County Admini,trator
Dan McIntyrc, County Anomey
WWW.SLCLANDUSE.COM·
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May 5, 2005
Re: Notice of Public Hearing on May 17,2005
On Tuesday May 17th, the Board of County Commissioners (BOCC) will hold a public
hearing on the proposed Jenkins Road South Planned Unit Development (PUD) along
Jenkins Road just north of Orange A venue. The BOCC previously reviewed and denied
approval for this application at their April 5th public hearing.
At the request of the applicant, the Board has agreed to consider the request to waive the
2 year waiting period requirement for resubmitting a PUD that it has denied. As such, the
Board is having a public hearing on May 17th to review the applicant's request to waive
this requirement. This meeting starts at 6:00 p.m. and will be held in the BOCC
Chambers at 2300 Virginia Avenue in Fort Pierce and residents are welcome to attend
and provide input.
In consideration of the land development demands being placed upon this area, the Board
is planning to have a specific Neighborhood Plan created for the surrounding North
Jenkins Road study area. This study area encompasses approximately 1,800 acres and is
bounded by Angle Road to the north and east, Orange Avenue to the south, and Kings
Highway to the west.
With the high growth potential facing this area, it is important for the County to properly
manage area wide growth in a more comprehensive fashion. A workshop in this regard is
anticipated to occur sometime during the next two or three months. Your participation in
this effort is strongly encouraged and greatly appreciated. We hope you will take part in
planning the future of this area.
Sincerely,
Faye Outlaw,
Assistant County Administrator
Cc: BOCC
Doug Anderson, County Administrator
Dan McIntyre, County Attorney
Albert Moore, Bruhn & Moore
Planning Staff
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AGENDA REQUEST
ITEM NO. ~
DATE: May 17, 2005
REGULAR [XX]
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Robert O. Freeman, Esq.
Bond Counsel
SUBJECT: Resolution No. 05-210 - Extend Maturity Date for Improvement Revenue Note,
Series 2004 (Land Acquisition), to July 1, 2005
BACKGROUND:
See attached memorandum
FUNDS A V AILABLE:
PREVIOUS ACTION:
RECOMMENDA TION:
Staff recommends that the Board approve Resolution No. 05-210
drafted.
COMMISSION ACTION:
[ X APPROVED [ ] DENIED
(] OTHER:
Approved 5-0
cO::R7 _
Douglas Anderson
County Administrator
County Attorney:
yY
Review and Approvals
Management & Budget
Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for Copy only, if applicable)
Eff. 5/96
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OliVe PA.
BRYANT MILLER & OLIVE P.A
MEMORANDUM
To: Chairman and Members of the
Board of County Commissioners of
S1. Lucie County, Florida
From: Robert O. Freeman
Date: May 10, 2005
Re: Proposed Resolution to Extend Maturity Date for Improvement Revenue Note, Series
2004 (Land Acquisition), to July 1, 2005
The attached Resolution 05-210 allows for the modification of the above-styled Note and related loan
documents to extend the maturity date to July 1,2005.
The maturity date for the Note was originally extended to June 1, 2005, but the Sales Tax
Revenue Bonds, Series 2005, a portion of the proceeds of which are to be applied to retire the
Note, are not expected to be issued under mid-June. SunTrust Bank has agreed to the extension
of the maturity date for the Note.
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RESOLUTION NO. 05-210
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE EXTENSION OF
THE MATURITY DATE OF THE COUNTY'S IMPROVEMENT REVENUE
NOTE, SERIES 2004 (LAND ACQUISITION), DATED MAY 5, 2005, AS
PREVIOUSLY EXTENDED; AUTHORIZING FURTHER ACTION IN
CONNECTION THEREWITH, INCLUDING EXECUTION OF A SECOND
AMENDMENT TO THE LOAN AGREEMENT BETWEEN THE COUNTY
AND SUNTRUST BANK; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Authority for this Resolution. This resolution is adopted pursuant to the
provisions of Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the Board,
as amended, and other applicable provisions oflaw (the "Act").
Section 2. Findings. It is hereby found, declared, and detennined by the Board of County
Commissioners (the "Board") ofSt. Lucie County, Florida (the "County"), as follows:
(A) The County, pursuant to Resolution No. 04-134, adopted by the Board on April 13,
2004, entered into a Loan Agreement with SunTrust Bank (the "Bank"), dated May 5, 2004 (the
"Loan Agreement"). Pursuant to the Loan Agreement, the Bank loaned funds to the County in an
amount not to exceed $10,000,000 (the "Loan"), to acquire land for a new research and education
center within the County, and the County delivered its Improvement Revenue Note, Series 2004
(Land Acquisition) ("Note"), to the Bank as evidence thereof.
(B) The County, pursuant to Resolution 05-040, adopted by the Board on January 18,
2005, and the Amendment to Loan Agreement, dated as of January 28, 2005, between the County
and the Bank, extended the maturity of the Note to June 1,2005.
(C) The Board finds it necessary and desirable and in the best interest of the health,
safety and welfare of the inhabitants of the County to extend the maturity of the Note to July 1,
2005, and the Bank has agreed such extension.
Section 3. Amendments to Loan Agreement.
(A) The maturity date of the Loan is hereby amended to be July 1,2005.
(B) All references to the maturity .date of June 1, 2005 in the Loan Agreement and the Note
are hereby amended to be July 1,2005.
Section 4. Remaining Provisions Unaffected. The remaining provisions of the Loan
Agreement and the Note shall remain in full force and effect.
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Section 5. Severability. If anyone or more of the covenants, agreements, or provisions of
this resolution should be held contrary to any express provision of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void
and shall be deemed separate ITom the remaining covenants, agreements or provisions hereof, and in
no way affect the validity of all other provisions of the Loan Agreement or this resolution.
Section 6. Effective Date. This resolution shall take effect immediately upon its adoption.
Passed and Adopted this 1 ih day of May 2005, at a regular meeting duly called and held.
ST. LUCIE COUNTY, FLORlDA
(SEAL)
By:
Chair, Board of County Commissioners
ATTEST:
By:
Clerk of the Circuit Court,
Ex-officio Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
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SECOND AMENDMENT TO
LOAN AGREEMENT
This SECOND AMENDMENT TO LOAN AGREEMENT dated as of May 18, 2005, by
and between ST. LUCIE COUNTY, FLORlDA (the "County"), and SUNTRUST BANK, a
Georgia banking corporation (the "Bank").
WITNESSETH:
Whereas, the County, pursuant to Resolution No. 04-134, adopted by the Board on April 13,
2004, entered into a Loan Agreement with SunTrust Bank (the "Bank"), dated May 5, 2004 (the
"Loan Agreement"). Pursuant to the Loan Agreement, the Bank loaned funds to the County in an
amount not to exceed $10,000,000 (the "Loan"), to acquire land for a new research and education
center within the County, and the County delivered an Improvement Revenue Note, Series 2004
(Land Acquisition), dated May 5, 2004 (the "Note"), to the Bank as evidence thereof; and
Whereas, pursuant to Resolution No. 05-040, adopted by the Board of County
Commissioners (the "Board") on January 18, 2005, the County and the Bank extended the maturity
date of the Note from February 1,2005 to June 1,2005; and
Whereas, by Resolution No. 05-210, adopted by the Board on May 17, 2005, the County
determined that it is necessary, desirable and in the best interests of the County and its inhabitants,
and the Bank has agreed, to extend the maturity date ofthe Note to July 1,2005; and
Whereas, Section 18 of the Loan Agreement provides for the amendment to the Loan
Agreement with the approval of the County and· the Bank, and it is necessary to amend the Loan
Agreement to reflect the revised maturity date of July 1, 2005; now therefore, the County and the
Bank agree as follows:
Section 1. Amendment to Loan Agreement. The Maturity Date of the Note is hereby
amended to read July 1, 2005, and all references to June 1, 2005, in the Loan Agreement and the
Note are hereby amended to be July 1,2005.
Section 2. Remaining Provisions Unaffected. The remaining provisions of the Loan
Agreement and the Note shall remain in full force and effect.
Section 3. Binding Effect. This Second Amendment to Loan Agreement shall be binding
upon the County and the Bank and shall inure to the benefit of the County and the Bank and their
respective successors and assigns.
Section 4 Severability. In the event any court of competent jurisdiction shall hold any
provision of this Second Amendment to Loan Agreement invalid or unenforceable such holding
shall not invalidate or render unenforceable, any other provision hereof.
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In Witness Whereof, the parties hereto have duly executed this Second Amendment to
Loan Agreement as of the date first above written.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chair, Board of County Commissioners
ATTEST:
By:
Clerk of the Circuit Court,
ex-officio Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
SUNTRUST BANK
By:
Title:
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AGENDA REQUEST
ITEM NO. '7
DATE: May 17, 2005
REGULAR [XX]
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Robert O. Freeman, Esq.
Bond Counsel
SUBJECT: Resolution No. 05-222 - Delegating Award of County's State Revenue Sharing
Improvement Revenue Bonds, Series 2005
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION:
Staff recommends that the Board approve Resolution No. 05-222
drafted.
COMMISSION ACTION:
CONCURRà
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Douglas Anderson
County Administrator
[~APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
County Attorney:
lJK
Review and Approvals
Management & Budget
Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for Copy only, if applicable)
Eff. 5/96
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Olive PA.
BRYANT MILLER & OLIVE P.A
MEMORANDUM
To: Chair and Members of the Board of County Commissioners
Copy: Douglas M. Anderson, County Administrator
Daniel S. McIntyre, Esquire, County Attorney
Marie Gouin, Management and Budget Director
Christann Hartley, Finance Director
From: Robert Freeman
Date: May 11, 20''05
Re: Resolution Delegating Award of County's State Revenue Sharing Improvement Revenue
Bonds, Series 2005
The Board previously adopted Resolution No. 05-118 on March 22, 2005, authorizing the issuance
of not exceeding $14,000,000 State Revenue Sharing Improvement Revenue Bonds, Series 2005
(the "Bonds"), (a) to finance the cost of certain capital improvements within the County
(Courthouse), (b) to acquire environmentally sensitive lands within the County, (c) to pay certain
expenses related to the issuance and sale of the Bonds, and (d) for all purposes incidental thereto.
The attached resolution provides additional details of the Bonds, provides for the sale of the Bonds
at negotiated sale, and delegates to the County Administrator the authority to sign a bond purchase
agreement with SunTrust Capital Markets Inc., as underwriter, provided that the terms and
conditions set forth in Exhibit B to the resolution have been satisfied.
The resolution also approves the purchase from Ambac Assurance Corporation of a policy insuring
the payment of the principal and interest on the Bonds and a debt service reserve account surety
bond; establishes the book-entry system provisions for the Bonds; appoints the registrar and paying
agent for the Bonds; provides for the application of the proceeds of the Bonds; and authorizes the
taking of all other necessary action in order to deliver the Bonds to the underwriter.
{5000/03/000 16851.DOCv 1 }
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RESOLUTION NO. 05-222
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ISSUANCE FROM TIME
TO TIME OF STATE REVENUE SHARING IMPROVEMENT AND/OR
REFUNDING BONDS; PROVIDING FOR THE COVENANTS OF THE
COUNTY WITH THE HOLDERS OF THE BONDS; PROVIDING FOR THE
RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF
SUCH BONDS; PROVIDING FOR THE ISSUANCE OF STATE REVENUE
SHARING IMPROVEMENT REVENUE BONDS, SERIES 2005; ACCEPTING
THE COMMITMENT OF THE BOND INSURER FOR AND MAING CERTAIN
COVENANTS IN CONNECTION WITH A MUNICIPAL BOND INSURANCE
POLICY AND A DEBT SERVICE RESERVE FUND SURETY BOND;
DELEGATING AUTHORITY TO AWARD THE SERIES 2005 BONDS AND TO
EXECUTE A BOND PURCHASE CONTRACT; PROVIDING FOR THE
APPROVAL OF FINAL TERMS OF THE SERIES 2005 BONDS; APPOINTING A
BOND REGISTRAR AND PAYING AGENT; APPROVING THE FORMS OF
VARIOUS DOCUMENTS; AUTHORIZING THE EXECUTION OF VARIOUS
DOCUMENTS AND THE TAKING OF ALL NECESSARY ACTION IN
CONNECTION WITH THE ISSUANCE AND DELIVERY OF THE SERIES 2005
BONDS; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, as follows:
ARTICLE I
STATUTORY AUTHORITY, DEFINITIONS, AND FINDINGS
Section 1.01. Authority For This Resolution. This resolution is adopted pursuant to the
provisions of the Act.
Section 1.02. Definitions. Capitalized terms used in this resolution shall have the
following meanings, unless the context clearly requires otherwise. Words importing singular
number shall include the plural number in each case and vice versa, and words of one gender shall
be deemed to include the other genders. In this resolution:
"Accounting Principles" means generally accepted accounting principles applicable to
governmental entities.
"Act" shall mean the Constitution of the State, Chapters 125, Part I, and 218, Part II, Florida
Statutes, as amended, Ordinance No. 87-77 of the County, as amended by Ordinance No. 95-06, and
other applicable provisions of law.
"Additional Parity Bonds" shall mean any obligations hereafter issued pursuant to the
terms and conditions of Section 5.01(D) of this resolution and payable from the Pledged Revenues
on a parity with the 2005 Bonds, originally issued hereunder.
"Amortization Installment" shall mean, with respect to each maturity of Term Bonds of any
Series of Bonds, the principal amounts (or Compounded Amounts) of such Term Bonds to be
retired in consecutive years by mandatory redemption from the applicable Bond Amortization
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Account within the Debt Service Fund or, in the year in which such Term Bonds are stated to
mature, through payment at maturity, provided that (i) each such installment shall be deemed to be
due on the Interest Payment Date or Principal Maturity Date of each applicable year as set forth in
the Purchase Contract or by resolution of the Board and (ii) the aggregate of such installments for
each maturity shall equal the aggregate principal amount (or, if applicable, the Compounded
Amounts at maturity) of Term Bonds of such maturity delivered on original issuance.
II Authorized Investmentsll shall mean any obligations, deposit certificates, or other
evidences of indebtedness legal for investment pursuant to applicable law, to the extent not
inconsistent with the terms of any Credit Facility or with the formal investment policy of the
County. With respect to the 2005 Bonds, Authorized Investments shall not include any investments
not included on Exhibit H, Part II hereto.
IIBoardll means the Board of County Commissioners of the County, as governing body of
the County.
IIBond Counselll shall mean such firm of attorneys which is nationally recognized as being
experienced in matters relating to the validity of, and the state and federal income tax treatment of
interest on, obligations of states and their political subdivisions and whose opinions are generally
accepted by purchasers of municipal bonds, as selected by the County. .
IIBond Purchase Contractll means an agreement between the County and an Underwriter
for the sale and purchase of a Series of Bonds in a form approved by the County Administrator
with the advice of the County Attorney and Bond Counsel, such approval to be presumed by the
execution and delivery thereof.
IIBond Registrarll shall mean the Person or corporation designated by the County to
maintain the registration books required to be maintained hereunder and to serve as paying agent
for purposes of making payments of principal of and interest on the Bonds to the Registered
Owners.
IIBond Registrar and Paying Agent Agreement" means an agreement between the County
and the Bond Registrar relating to the maintenance of books and records of ownership of Bonds
and providing for the authentication of, and payment of the principal of, premium if any, and
interest on, the Bonds, and other matters, with such modifications thereto as shall be approved by
the Chairman upon the recommendation of the County Administrator with the advice of the
County Attorney and Bond Counsel, such approval to be presumed by the execution and delivery
thereof.
IIBond Resolutionll means this resolution, as amended and supplemented from time to
time.
IIBond Yearll means each twelve-month period beginning the day after a Principal Maturity
Date or any other annual period designated by the County.
IIBonds" shall mean the 2005 Bonds and any Additional Parity Bonds issued pursuant to
the terms and conditions of this resolution.
IIBook-Entry Form" or IIBook-Entry System" means the form or system, as applicable,
under which (i) Bonds are issued to a securities depository or to its nominee, as Registered Owner,
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(ii) Bonds are held by and "immobilized" in the custody of such securities depository, and (iii)
records are maintained by the securities depository and/or other persons to identify and record the
transfer of beneficial interests in the Bonds, more particularly described in Section 2.11 hereof.
"Business Day" means any day on which (i) banks in the jurisdiction of the County or in
any of the cities in which the designated office of the Paying Agent or the principal office of any
Credit Facility Issuer are located, are not required or authorized by law to remain closed, and (ii)
the Paying Agent and any Credit Facility Issuer and the New York Stock Exchange, Inc. are open
for business.
"Cede" means Cede & Co., as nominee for DYe.
"Chairman" means the Chairman or Vice Chairman of the Board.
"County" means St. Lucie County, Florida.
"County Administrator" means the County Administrator of the County, as the chief
executive officer of the County.
"Clerk" means the Clerk of the Circuit Court, ex officio Clerk of the Board.
"Code" means the Internal Revenue Code of 1986, as amended, together with the valid and
applicable regulations and proposed and temporary regulations thereunder, and, if applicable,
under the Internal Revenue Code of 1954, as amended, as the same may be in effect or amended,
" and any successor provisions thereto, from time to time.
"Commitments" means collectively the commitments by a Credit Facility Issuer to issue a
Credit Facility and/or a Reserve Account Credit Facility.
"Compounded Amounts" means, with respect to any Compounding Interest Bonds, the
amounts representing principal and interest on such Compounding Interest Bonds from time to
time at and prior to the maturity thereof in accordance with a schedule of such amounts delivered
at the original issuance of such Series of Bonds.
"Compounding Interest Bonds" means Bonds, the interest on which (i) shall be
compounded periodically, (ii) shall be payable only at maturity or redemption prior to maturity,
and (iii) shall be determined by reference to the Compounded Amounts. ,
"Continuing Disclosure Certificate" means a certificate related to any Series of Bonds to be
executed by the proper officer of the County at or prior to the time the County delivers the Series of
Bonds to the Underwriter, as it may be amended from time to time in accordance with the terms
thereof, whereby the County undertakes to assist the Underwriter in complying with the
continuing disclosure requirements of the Continuing Disclosure Rule.
"Continuing Disclosure Rule" means the continuing disclosure requirements of Rule 15c2-
12 of the United States Securities and Exchange Commission, as amended.
"Credit Facility" means, with respect to the 2005 Bonds, the Policy, and as to other Bonds,
each policy of municipal bond insurance, an irrevocable letter of credit, surety bond or other
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insurance or financial product which guarantees timely payment of all or any portion of the
principal of, premium, if any, and interest on all or any portion of the Bonds.
"Credit Facility Issuer" means, with respect to the 2005 Bonds, the 2005 Bond Insurer, and
as to other Bonds, each insurance company, bank, or other organization which has provided a
Credit Facility or Reserve Account Credit Facility in connection with the issuance of any Series of
Bonds or any particular Bonds within a Series.
"Current Interest Paying Bonds" means Bonds, the interest on which shall be payable on a
periodic basis.
"DTC" means The Depository Trust Company, New York, New York, a securities
depository.
"Debt Service" means, for any Series, the principal and interest on such Series.
"Debt Service Requirement" means, for any Bond Year, as applied to the Bonds of any
Series or all Bonds, as the case may be, the sum of:
(1) the amount required to pay the interest becoming due on the Current
Interest Paying Bonds during such Bond Year;
(2) the aggregate amount required to pay the principal becoming due on
Current Interest Paying Bonds for such Bond Year; provided that, for purposes of this
definition, the stated maturity date of any Current Interest Paying Term Bonds shall be
disregarded and the Amortization Installments applicable to such Current Interest Paying
Term Bonds in such Bond Year shall be deemed to mature in such Bond Year; and
(3) the aggregate amount required to pay the Compounded Amounts due on
any Compounding Interest Bonds maturing in such Bond Year; provided that, for purposes
of this definition, the stated maturity date of any Compounding Interest Term Bonds shall
be disregarded and the Amortization Installments applicable to such Compounding
Interest Term Bonds in such Bond Year shall be deemed to mature in such Bond Year.
In calculating the Debt Service Requirement for any period for any Series of Bonds or any
Subordinated Debt, the County shall deduct from the amounts calculated in Subparagraphs (1)
through (3) above: (a) any capitalized interest deposited into the applicable accounts of the Debt
Service Fund for such period from the proceeds of the sale of such Bonds or otherwise and, while
any Bonds are supported by a Credit Facility, held by a bond trustee or paying agent having
combined capital, surplus and undivided profits of at least $50,000,000 (or approved by the Credit
Facility Issuer) as agent for the Registered Owners and invested in Federal Securities; and (b) any
investment earnings (i) received on moneys on deposit in or transferred to the Debt Service Fund
and accounts established therein with respect to such Series and (ii) required by the terms of this
resolution to be retained in such Debt Service Fund.
"Defeasance Obligations" means:
(1) Federal Securities; and
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(2) obligations described in Section 103(a) of the Code, provIsIOn for the
payment of the principal of, premium, if any, and interest on which shall have been made
by the irrevocable deposit with a bank or trust company (which is a member of the FDIC
and which has a combined capital, surplus and undivided profits of not less than
$50,000,000) acting as a trustee or escrow agent for holders of such obligations, of securities
described in clause (1) above, the maturing principal of and interest on which, when due
and payable, will provide sufficient moneys, without reinvestment, to pay when due the
principal of, premium, if any, and interest on such obligations, and which securities
described in clause (1) above are not available to satisfy any other claim, including any
claim of the trustee or escrow agent or of any person claiming through the trustee or escrow
agent or to whom the trustee or escrow agent may be obligated, including in the event of
the insolvency of the trustee or escrow agent or proceedings arising out of such insolvency
and which are rated U AAAu by Moody's and U AaaU by S&P.
(3) to the extent provided with respect to a Series, obligations described in the
resolution authorizing such Series.
UDepositoryU means any securities depository that is operating and maintaining, with its
participants or otherwise, a Book-Entry System to record ownership of beneficial interests in Bonds
. or debt service on Bonds and to effect transfers of Bonds in Book-Entry Form, including, but not
limited to, DIe.
UEscrow Deposit AgreementU means an agreement between the County and an Escrow
Holder, providing for the deposit of a portion of the proceeds of Refunding Bonds in trust with the
Escrow Holder for the purpose of making payment of the principal, premium, if specified, and
interest on any Refunded Bonds.
UEscrow Holderu means the bank or trust company, which may be located within or
without the State, to be appointed by resolution of the Board, to hold a portion of the proceeds of
the sale of any Refunding Bonds in trust pursuant to the provisions of an Escrow Deposit
Agreement.
UFederal Securitiesu means direct noncallable obligations of the United States of America or
obligations the timely payment when due of the principal of and interest on which is fully and
unconditionally guaranteed by the United States of America.
UFinance DirectorU means the Finance Director of the County.
UFiscal Year" means the period commencing on October 1 of each year and ending on the
succeeding September 30, or such other period as may be prescribed from time to time as the fiscal
year for the County.
UFitch" means Fitch, Inc., or its successor.
UFunds and Accounts" means the Revenue Fund, the Debt Service Fund, and the Project
Fund created pursuant to Section 3.03(A) hereof, together with the accounts and any sub accounts
therein. UFunds and Accounts" do not include the Rebate Fund.
UGuaranty Agreement" means an agreement between the County and a Credit Facility
Issuer relating to the reimbursement by the County to the Credit Facility Issuer of amounts
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advanced under a Reserve Account Credit Facility, together with interest thereon and expenses in
connection therewith.
"Independent Certified Public Accountants" means such firm of certified public
accountants, not in the regular employ of the County, as shall be retained by the County for the
purpose of auditing the books and records relating to the Pledged Revenues and performing such
other functions as are specified in this resolution.
"Interest Payment Date" means, with respect to any Series of Bonds, the semiannual or
other periodic dates on which interest is payable on the Current Interest Paying Bonds, as
determined by or pursuant to resolution of the Board adopted at or prior to the time of issuance of
such Bonds.
"Investment Earnings" means the interest, dividends, and capital gains received from the
investment, purchase, and sale of Authorized Investments held in the various funds and accounts
established pursuant to this resolution.
"Letter of Representations" means the blanket letter agreement between the County and
DIC, dated March 2, 1999, with respect to Bonds issued in book-entry only form.
"Maximum Annual Debt Service Requirement" means, as of any particular date of
calculation, the Debt Service Requirement for the then current or any future Bond Year which is
greatest in dollar amount with respect to a particular Series of Bonds, or all Bonds, as the case may
be.
"Moody's" means Moody's Investors Service, or its successor.
"Outstanding" means as applied to Bonds, as of any applicable time, all Bonds which have
been authenticated and delivered, or which are being delivered, under the Bond Resolution except:
(a) Bonds cancelled upon surrender, exchange or transfer, or cancelled after
purchase in the open market or because of payment at or redemption prior to maturity;
(b) Bonds, or portions thereof, which are considered no longer Outstanding
pursuant to Section 6.08 hereof;
(c) Bonds, or portions thereof, which are deemed paid upon the redemption or
maturity thereof for which moneys sufficient to pay the maturity amount or redemption
price thereof have been deposited into the appropriate accounts of the Debt Service Fund by
the County or in lieu of which other Bonds have been issued under Section 2.06 or 2.07
hereof.
For purposes of voting, giving directions and granting consents, Bonds held by the County or by an
agent of the County shall not be deemed Outstanding.
"Paying Agent" means the Person serving as Registrar and, where the context so requires,
shall include any co-paying agent appointed as provided in this resolution.
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"Person" or words importing persons means firms, associations, partnerships (including
without limitation, general and limited partnerships), joint ventures, societies, estates, trusts,
corporations, public or governmental bodies, other legal entities and natural persons.
"Pledged Revenue Sharing Trust Fund Moneys" means, in each Fiscal Year, when and as
received by the County, an amount of Revenue Sharing Trust Fund Moneys equal to fifty percent
(50%) of the amount of Revenue Sharing Trust Fund Moneys received by the County during the
immediately preceding Fiscal Year.
"Pledged Revenues" means (1) the Pledged Revenue Sharing Trust Fund Moneys, (2) the
moneys on deposit in the Funds and Accounts and (3) the Investment Earnings.
"Policy" means a municipal bond insurance policy guaranteeing timely payment of
principal of and interest on the Bonds of a Series.
"Principal Maturity Date" means, with respect to any series of Bonds, the annual or other
periodic date on which (i) principal matures on the Current Interest Paying Bonds and (ii)
Compounded Amounts are payable on Compounding Interest Bonds, as set forth in the Purchase
Contract or as determined by subsequent resolution of the Board adopted at or prior to the issuance
of Bonds, and in each case including applicable dates on which Amortization Installments are
required to be applied to retire Term Bonds.
"Prohibited Payment" means a payment, or an agreement to pay, to a Person other than the
United States of America, an amount that is otherwise required to be paid to the United States of
America through a transaction or series of transactions that reduces the amount earned on an
investment or deposit or that results in a smaller profit or a larger loss on such investment or
deposit than would have resulted in an arm's length transaction in which yield on Bonds was not
relevant to either party to such investment or deposit.
"Project" means the acquisition and construction of certain capital improvements within the
County, as more particularly described in a Series Resolution, and all purposes incidental thereto.
"Project Costs" means, but shall not necessarily be limited to: the cost of the acquisition and
construction of a Project; the acquisition of any lands or interests therein or any other properties
deemed necessary or convenient therefor; engineering, accounting, and legal fees and expenses;
expenses for plans, specifications and surveys; expenses for estimates of costs and of revenues; the
fees of fiscal agents, financial advisors and consultants; administrative expenses; the capitalization
of interest on the Bonds authorized hereby for a reasonable period of time after the date of issuànce
and delivery thereof; the establishment of reasonable reserves for the payment of debt service on
the Bonds; discount upon the sale of the Bonds; the expenses and costs of issuance of the Bonds; the
cost of purchasing any Credit Facility with respect to the Bonds; such other expenses as may be
necessary or incidental to the financing authorized by a Series Resolution, to the Project, and to the
placing of the same in operation; and reimbursement to the County for any sums expended for the
foregoing purposes.
"Rating Agency" means Fitch, Moody's, or S&P or any thereof, and their successors, if any
is then maintaining a rating on any Series of Bonds.
"Rebate Amount" means the amount required to be paid to the Internal Revenue service on
each Rebate Payment Date in order to satisfy the requirements of Section 148(f) of the Code.
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"Rebate Payment Date" means the latest date on which the County is permitted to make
timely payment of the Rebate Amount to the Internal Revenue Service.
"Record Date" means, for any Series, the fifteenth (15th) day (whether or not a Business Day)
of the calendar month immediately preceding an Interest Payment Date.
"Redemption Date" means, for any Series, the date specified in the Purchase Contract or in
a resolution of the Board on which any Bonds are to be redeemed prior to the maturity thereof,
whether at the option of the County or by operation of the applicable Bond Amortization Account
in the Debt Service Fund.
"Refunded Bonds" means Outstanding Bonds for the payment of which Refunding Bonds
have been issued and a portion of the proceeds of such Refunding Bonds applied to or for payment
of such Outstanding Bonds.
"Refunding" means the providing for payment of Refunded Bonds by the deposit with the
Escrow Holder of a portion of the proceeds of Refunding Bonds or Subordinated Debt and other
moneys necessary to pay in full the principal and on the Refunded Bonds.
"Refunding Bonds" means Additional Parity Bonds issued for the purpose of a Refunding.
"Refunding Costs" means but shall not necessarily be limited to: the cost of payment of the
principal of, premium, if specified, and interest on the Refunded Bonds; expenses for estimates of
costs and of revenues; the fees of fiscal agents, financial advisors and consultants; administrative
expenses; the establishment of reasonable reserves for the payment of debt service on the
Refunding Bonds; discount upon the sale of the Refunding Bonds; the expenses and costs of
issuance of the Refunding Bonds; the cost of purchasing any Credit Facility or Reserve Account
Credit Facility with respect to the Refunding Bonds; such other expenses as may be necessary or
incidental to the financing authorized by the Bond Resolution, to the Refunding, and to the
accomplishing thereof, and reimbursement to the County for any sums expended for the foregoing
purposes.
"Registered Owner" or "Owner" or "Bondholder" means any Person who shall be the
owner of any Outstanding Bond or Bonds as shown on the registration books maintained by the
Bond Registrar.
"Reserve Account Credit Facility" means a policy of insurance, surety bond or other
insurance or financial product (a) issued by an insurance company rated in the highest rating
category by the S&P and Moody's and, if rated by A. M. Best & Co., in their highest category, and
(2) which provides for payment of amounts equal to all or a portion of the Reserve Account
Requirement in the event of an insufficiency of moneys in the Debt Service FUnd to pay principal of
and interest on any Series or installment of Bonds.
"Reserve Account Credit Facility Costs" means the amounts the County is required to pay
to the Reserve Account Credit Facility Issuer as a result of a draw thereunder or otherwise pursuant
to such Reserve Account Credit Facility or any Guaranty Agreement.
"Reserve Account Credit Facility Coverage" means the amount then available to be paid to
the Paying Agent under the terms of the Reserve Account Credit Facility at any particular time.
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"Reserve Account Requirement" shall be equal to the lesser of (i) the Maximum Annual
Debt Service Requirement, and (ii) the amount permitted under the Code as a reasonably required
reserve or replacement fund.
"Reserve Account Value" means the aggregate of the Reserve Account Credit Facility
Coverage and the value of moneys and Authorized Investments credited to the Reserve Account.
"Revenue Sharing Trust Fund Moneys" means the moneys distributed to the County from
the State Revenue Sharing Trust Fund pursuant to Chapter 218, Part II, Florida Statutes.
"S&P" means Standard & Poor's, or its successor.
"Serial Bonds" means any Current Interest Paying or Compounding Interest Bonds for the
payment of the principal of which, at the maturity thereof, no fixed mandatory Debt Service Fund
or bond redemption deposits are required to be made prior to the 12-month period immediately
preceding the stated date of maturity of such Serial Bonds.
"Series" means Bonds identified by a common series designation, such as "Series 2005" .
"Series Resolution" means the resolution of the Board specifying or providing for the fiscal
and other details with respect to a Series.
"State" means the State of Florida.
"Subordinated Debt" means any obligations issued or incurred by the County which are
junior and subordinate to the Bonds as to security for payment from the Pledged Revenues and in
all other respects.
"Surety Bond" means a Reserve Account Credit Facility issued in the form of a surety bond.
"Term Bonds" means the Current Interest Paying or Compounding Interest Bonds of a
Series, all of which shall be stated to mature on one date and which shall be subject to retirement by
operation of the applicable Bond Amortization Account in the Debt Service Fund herein
established.
"Underwriter" means the investment banking firm or firms selected by the County as the
initial purchaser of a Series.
"Variable Rate Bonds" means Bonds, the interest rate on which is subject to adjustment at
such times and in such manner as shall be determined by the Board prior to the sale thereof.
"Verification Agent" means any firm of Independent Certified Public Accountants or other
financial professionals in the business of providing reports as to the adequacy of amounts
deposited into an escrow account to effect a defeasance of Bonds or Subordinated Debt and other
information relative thereto at any time acceptable to the County, Bond Counsel, and any Credit
Facility Issuer providing a Credit Facility with respect to Bonds or Subordinated Debt proposed to
be defeased.
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"2005 Bond Insurer" means, with respect to the 2005 Bonds, Ambac Assurance Corporation,
a Wisconsin domiciled stock insurance company, and its successors and assigns. The 2005 Bond
Insurer is deemed to be a Credit Facility Issuer hereunder with respect to the 2005 Bonds.
"2005 Bond Registrar and Paying Agent Agreement" means the Registrar and Paying
Agent Agreement between the County and the Paying Agent and Registrar, substantially in the
form attached hereto as Exhibit F.
"2005 Bonds" means the State Revenue Sharing Improvement Revenue Bonds, Series 2005.
"2005 Bond Purchase Contract" means the Bond Purchase Contract in substantially the
form· of Exhibit E hereto, with such changes thereto as shall be acceptable to the County
Administrator, upon the advice of the County Attorney and Bond Counsel.
"2005 Commitments shall mean the proposals of the 2005 Bond Insurer to issue the 2005
Policy and the 2005 Surety Bond, copies of which are attached hereto as Exhibit C.
"2005 Guaranty Agreement" means the Financial Guaranty Agreement between the
County and the 2005 Bond Insurer, in substantially the form included in Exhibit C hereto.
"2005 Policy" means the financial guaranty insurance policy issued by the 2005 Bond
Insurer insuring the payment when due of the principal of and interest on the 2005 Bonds as
. provided therein.
"2005 Project" means the acquisition and construction of certain capital improvements
within the County, as more particularly set forth in Exhibit G hereto.
"2005 Project Costs" means Project Costs related to the acquisition and construction of the
2005 Project.
"2005 Surety Bond" means the Surety Bond issued by the 2005 Bond Insurer. The 2005
Surety Bond is deemed to be a Reserve Account Credit Facility hereunder with respect to the 2005
Bonds.
"2005 Underwriter means SunTrust Capital Markets Inc.
Section 1.03. Findings. It is hereby ascertained, determined, and declared as follows:
(A) It is necessary and desirable and in the best interests of the health, safety and
welfare of the County and its inhabitants that the County, from time to time, undertake the
acquisition of real property and/or the acquisition and construction of certain capital improvements
within the County, including particularly the 2005 Project. The County is authorized pursuant to
the provisions of the Act to undertake the 2005 Project.
(B) The County is without adequate, currently available funds to pay for the 2005
Project, and it is necessary and desirable and in the best interests of the County that it borrow the
moneys necessary to accomplish the financing of the 2005 Project through the issuance of the 2005
Bonds in an aggregate principal amount not to exceed $14,000,000. The County is authorized
pursuant to the provisions of the Act, to undertake the 2005 Project and to issue the 2005 Bonds to
provide the necessary monies to pay the costs of the 2005 Project.
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(C) The County currently receives Revenue Sharing Trust Fund Moneys in accordance
with the provisions of Section 218, Part II, Florida Statutes, as amended, and such Revenue Sharing
Trust Fund Moneys are not pledged or encumbered to pay any debts or obligations of the County.
The County is authorized pursuant to the provisions of the Act to pledge the Revenue Sharing
Trust Fund Moneys to secure the payment of the Bonds.
(D) The County is in full compliance with all provisions of the Act relating to its
eligibility to receive the Revenue Sharing Trust Fund Moneys.
(E) The principal of, premium, if any, and interest on the Bonds and all required Debt
Service Fund, reserve and other payments therefor will be secured by a lien upon and pledge of the
Pledged Revenues. The County shall never be required to levy ad valorem taxes on any property
therein to pay the principal of, premium, if any, and interest on the Bonds, or to make any Debt
Service Fund or other payments with respect thereto. The Bonds and the premium, if any, and
interest thereon shall not constitute a lien upon the 2005 Project or upon any other properties
owned by or located within the boundaries of the County, but shall be secured by a lien upon and
pledge of the Pledged Revenues.
(F) The Bonds do not constitute a general obligation of, or a pledge of the faith and
credit or the taxing power of, the County, the State of Florida or any agency or political
subdivision thereof within the meaning of any constitutional or statutory provision or
limitation, but are limited, special obligations of the County, the principal of, premium, if any
and interest on which are payable from the Pledged Revenues as provided herein. Neither the
State of Florida nor any political subdivision thereof nor the County shall be obligated to
exercise its ad valorem taxing power in any form on any real or personal property in the County
to pay the principal of the Bonds, the interest thereon or other costs incidental thereto or to pay
the same from any other funds of the County except from the Pledged Revenues in the.manner
provided herein.
(G) The County has received the Commitments from the 2005 Bond Insurer for issuance
of the Policy and the Surety Bond, and it is in the best interests of the County to purchase the Policy
and the Surety Bond in order to reduce the present value of the Debt Service Requirements with
respect to the 2005 Bonds.
(H) Based upon the Commitments, the County expects to receive from one or more
Rating Agencies, at or prior to the issuance of the 2005 Bonds, bond ratings in the highest
classification.
(I) A negotiated sale of the 2005 Bonds is in the best interest of the County and is found
to be necessary for the following reasons, as to which the following specific findings are hereby
made: (1) the nature of the security for the 2005 Bonds makes it necessary to utilize the marketing
services of the Underwriter in order to achieve the lowest interest rate on the 2005 Bonds; and
(2) the sensitivity of interest rates has increased the risk of sale upon advertisement, and it is more
likely that the County will achieve better market timing by sale through negotiation.
G) In order to enable the underwriters for the Bonds to comply with Rule 15c2-12
under the Securities Exchange Act of 1934, as amended (the "Rule"), in connection with the offering
and sale of the Bonds, it is necessary (1) that the County's Preliminary Official Statement with
respect to the Bonds be "deemed final" (except for permitted omissions) by a representative of the
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County prior to the underwriter's making an offer for the purchase of the Bonds and (2) that the
County agree to provide continuing disclosure with respect to the Bonds.
(K) It is necessary and desirable to approve the Commitments and the Official
Statement for the Bonds; to establish the book-entry registration system provisions for the 2005
Bonds; to designate the Bond Registrar and Paying Agent for the 2005 Bonds, and to authorize the
execution of certain other documents and the taking of all other necessary actions in connection
with the issuance and delivery of the 2005 Bonds.
(L) It is necessary and desirable to delegate to the County Administrator the authority
to deem the preliminary official statement final and to execute the Purchase Contract and to fix the
date, maturities, mandatory amortization installments, interest rates, redemption provisions and
certain other details of the 2005 Bonds, subject to certain restrictions, hereinafter set forth. This
resolution shall be the Series Resolution with respect to the 2005 Bonds.
Section 1.04. Interpretation. Any reference herein to the County, to the Board or to any
member or officer of either, includes entities or officials succeeding to their respective functions,
duties or responsibilities pursuant to or by operation of law or lawfully performing their functions.
Unless the context clearly indicates otherwise, any reference to a section or provision of the
Constitution of the State or the Act, or to a section, provision or chapter of the Laws of Florida or
the United States of America, includes that section, provision or chapter as amended, modified,
revised, supplemented or superseded from time to time; provided, that no amendment,
modification, revision, supplement or superseding section, provision or chapter shall be applicable
solely by reason of this provision, if it constitutes in any way an impairment of the rights or
obligations of the County, the officers, employees and members of the Board of the County, the
Registrar, the Paying Agent, the Registered Owners, or any Credit Facility Issuer under the Bond
Resolution, the Bonds or any other instrument or document entered into in connection with the
issuance of any Bonds.
Unless the context indicates otherwise, words importing the singular number include the
plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and
similar terms refer to this resolution; and the term "hereafter" means after, and the term
"heretofore" means before, the date of this resolution or the date of issuance of any Bonds, as the
case may be. Words of any gender include the correlative words of the other genders, unless the
context indicates otherwise.
Section 1.05. Resolution Constitutes A Contract. In consideration of the acceptance of the
Bonds authorized to be issued hereunder by those who shall be the Registered Owners of the same
from time to time, the Bond Resolution shall be deemed to be and shall constitute a contract
between the County and such Registered Owners, and the covenants and agreements herein set
forth to be performed by the County shall be for the equal benefit, protection, and security of the
Registered Owners of any and all such Bonds, all of which shall be of equal rank and without
preference, priority, or distinction of any of the Bonds over any other thereof, except as expressly
provided therein or herein. In consideration of the issuance of the Credit Facility, the Bond
Resolution shall further be deemed to be and shall constitute a contract between the County and
the Credit Facility Issuer. Except during any period when a default by the 2005 Bond Insurer exists
under the 2005 Policy, the 2005 Bond Insurer is expressly recognized as and shall be a third-party
beneficiary of the provisions of this resolution entitled to enforce any right, remedy or claim
conferred, given or granted hereunder.
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Section 1.06. ~aptions and Headings. The captions and headings in this resolution are
solely for convenience of reference and in no way define, limit or describe the scope or intent of any
Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof.
(End of Article I)
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ARTICLE II
AUTHORIZATION OF 2005 PROJECT;
DESCRIPTION, DETAILS AND FORM OF BONDS
Section 2.01. Authorization Of Bonds. Subject and pursuant to the provisions of the Bond
Resolution, obligations of the County, to be known as "State Revenue Sharing Improvement
Bonds" are hereby authorized to be issued from time to time for the purpose of financing Project
Costs and/or Refunding Costs.
Section 2.02. Authorization Of 2005 Project And 2005 Bonds. The Board hereby
specifically authorizes the 2005 Project. The Board hereby further authorizes the issuance of the
2005 Bonds in an aggregate principal amount not to exceed $14,000,000, to pay 2005 Project Costs.
Section 2.03. Description Of Bonds. The Bonds of each Series shall be numbered; shall be
in such denominations or maturity amounts; shall be dated as of the date of their delivery or such
other date prior to the date of their delivery; shall bear interest, calculated on the basis of a 360-day
year consisting of twelve 30-day months, at not exceeding the maximum rate allowed by law;
payable on such dates; shall mature on the first day of such month, in such years, not to exceed
thirty (30) years from the date thereof, and in such amounts; and shall be issued as Current Interest
Paying Bonds, Compounding Interest Bonds, Variable Rate Bonds, Serial Bonds, Term Bonds, or
any combination thereof; all the foregoing as shall be determined pursuant to the provisions of a
Purchase Contract or by resolution of the Board. The fiscal details with respect to the 2005 Bonds
shall be as set forth in the 2005 Purchase Contract.
The Bonds of a Series may be issued all at one time or in installments from time to time.
Different installments and Series of the Bonds may have such characteristics as shall be provided
herein and by subsequent resolution of the Board and shall bear a designation to distinguish such
Series or installment from other Series or installments of the Bonds.
The Bonds of each Series shall be issued in fully registered form; shall be payable with
respect to principal at the office of the Bond Registrar, as paying agent, or such other paying agent
as shall be subsequently determined by the Board; shall be payable in lawful money of the United
States of America; and shall bear interest from their date, or from the most recent date to which
interest has been paid, payable, in the case of Current Interest Paying Bonds, by check or draft
mailed to the Registered Owner at his address as it appears upon the books of the Bond Registrar as
of 5:00 P.M. Eastern Time on the Record Date, and in the case of Compounding Interest Bonds, at
maturity upon presentation at the office of the Bond Registrar; provided that, for any Registered
Owner of one million dollars ($1,000,000) or more in principal amount of Bonds, such payment
shall, at the expense of, and upon the written request of such Registered Owner delivered to the
Bond Registrar not later than the fifteenth (15th) Business Day preceding a Record Date, be made
by wire transfer or other medium acceptable to the County and to such Registered Owner.
Section 2.04. Execution And Authentication Of Bonds. The Bonds of each Series shall be
executed in the name of the County by the Chairman and attested by the Clerk and the corporate
seal of the Board or the County or facsimile thereof shall be affixed thereto or reproduced thereon.
The signatures of the Chairman and Clerk may be manual or facsimile signatures imprinted or
reproduced thereon.
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There shall be a Certificate of Authentication of the Bond Registrar on the Bonds, and no
Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under the
provisions of this resolution unless such certificate shall have been duly executed on such Bond.
The authorized signature for the Bond Registrar shall be either manual or in facsimile, provided,
however, that at least one of the above signatures, including that of the authorized signature for the
Bond Registrar, appearing on the Bonds shall be a manual signature. The authentication by the
authenticating agent upon any Bond shall be conclusive evidence that the Bond so authenticated
has been duly delivered hereunder and is entitled to the security and benefit hereof.
In case anyone or more of the officers who shall have signed or sealed any of the Bonds
shall cease to be such officer of the County before the Bonds so signed and sealed shall have been
actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided
and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such
office. Any Bond may be signed and sealed on behalf of the County by such person as at the actual
time of the execution of such Bond shall hold the proper office in the County, although at the date
of such Bonds such person may not have held such office or may not have been so authorized.
Section 2.05. Negotiability And Registration. The Bonds shall be and have all the qualities
and incidents of negotiable instruments under the Uniform Commercial Code - Investment
Securities Laws of the State of Florida, and each successive Registered Owner, in accepting any of
said Bonds shall be conclusively deemed to have agreed that the Bonds shall be and have all of the
qualities and incidents of such negotiable instruments.
There shall be a Bond Registrar, who may also be the paying agent for the Bonds, which
shall be a bank or trust company located within or without the State of Florida having a combined
capital, surplus, and undivided profit of at least $50,000,000. The Bond Registrar shall be
responsible for maintaining the books for the registration of the transfer and exchange of the Bonds.
The County and the Bond Registrar may treat the Registered Owner of any Bond as the absolute
owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound
by any notice to the contrary.
All Bonds presented for transfer, exchange, redemption or payment (if so required by the
County or the Bond Registrar) shall be accompanied by a written instrument or instruments of
transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the
County or the Bond Registrar, duly executed by the Registered Owner or by his duly authorized
attorney.
The Bond Registrar may charge the Registered Owner a sum sufficient to reimburse it for
any expenses incurred in making any exchange or transfer after the first such exchange or transfer
following the initial delivery of the Bonds. The Bond Registrar or the County may also require
payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to
cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such
charges and expenses shall be paid before any such new Bonds shall be delivered.
The County and the Bond Registrar shall not be required to issue, transfer or exchange any
Bonds during a period beginning at the opening of business on the 15th day next preceding either
any Interest Payment Date or any Redemption Date and ending at the close of business on the
Interest Payment Date or Redemption Date, as the case may be.
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New Bonds delivered upon any transfer or exchange shall be valid obligations of the
County, evidencing the same debt as the Bonds surrendered, shall be secured by this resolution,
and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds
surrendered.
Th.e County may elect to use a book-entry or immobilization system for issuance and
registration of the Bonds of any Series, and the details of any such system shall be as fixed by
subsequent resolution of the Board adopted prior to the time of issuance of such Bonds.
Whenever any Bond shall be delivered to the Bond Registrar for cancellation, upon
payment of the principal amount thereof, or for replacement, transfer or exchange, such Bond shall
be cancelled and destroyed by the Bond Registrar, and counterparts of a certificate of destruction
evidencing such destruction shall be furnished to the County.
Section 2.06. Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Bond Registrar may in its discretion issue and deliver a
new Bond, of like tenor as the Bond, so mutilated, destroyed, stolen or lost, either in exchange and
substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in
lieu of and substitution for the Bond destroyed, stolen or lost, upon the Registered Owner's
furnishing the Bond Registrar proof of his ownership thereof, furnishing satisfactory indemnity in
favor of both the County and the Bond Registrar, complying with such other reasonable regulations
and conditions as the Bond Registrar and County may prescribe, and paying such expenses as the
County may incur. All Bonds so surrendered shall be cancelled. If any such Bonds shall have
matured or are about to mature, instead of issuing a substitute Bond, the Bond Registrar may pay
the same, upon compliance with the foregoing conditions and requirements.
Any such duplicate Bonds issued pursuant to this Section shall constitute original
contractual obligations on the part of the County, whether or not any lost, stolen or destroyed
Bonds are found and shall be entitled to equal and proportionate benefits and rights with all other
Bonds of such Series issued hereunder as to lien on and source and security for payment from the
Pledged Revenues.
Section 2.07. Temporary Bonds. Until Bonds in definitive form of any Series are ready for
delivery, the County may execute, and upon its request in writing, the Bond Registrar shall
authenticate and deliver in lieu of any thereof, and subject to the same provisions, limitations and
conditions, one or more printed, lithographed or typewritten Bonds in temporary form,
substantially of the tenor of the Bonds hereinbefore described and with appropriate omissions,
variations and insertions.
Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be
entitled to the lien and benefit of this resolution. The County shall, without unreasonable delay,
prepare, execute and deliver to the Bond Registrar and thereupon, upon the presentation and
surrender of the Bonds in temporary form to the Bond Registrar the Bond Registrar shall
authenticate and deliver, in exchange therefor, Bonds of the same Series and maturity, in definitive
form in the authorized denominations, and for the same aggregate principal amount, as the Bonds
in temporary form surrendered. The expense of such exchange shall be paid by the County and
there shall be made no charge therefor to any Registered Owner.
Section 2.08. Bond Anticipation Notes. In anticipation of the delivery of the Bonds of any
Series and receipt of the proceeds thereof, the County may issue bond anticipation notes. Any
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bond anticipation notes except any series of notes which may be delivered pursuant to the
applicable provisions hereof as Additional Parity Bonds, shall be considered to be Subordinated
Debt for the purposes of, and shall be entitled to the benefits and protections of this resolution,
junior and subordinate to the rights of the Registered Owners of any Outstanding Bonds.
Provisions regarding the form of such bond anticipation notes and the security for any bond
anticipation notes shall be set forth in a separate resolution of the Board adopted at or prior to the
time of sale of such bond anticipation notes.
Section 2.09. Provisions For Redemption. The Bonds may be redeemable, by operation of
the applicable Bond Amortization Account or Redemption Account or, at the option of the County,
as provided in the Purchase Contract or by subsequent resolution of the Board; provided that there
shall be no optional redemption of Bonds at any time while any Reserve Account Credit Facility
Costs are due and owing.
(A) Notices To Owners. Not less than thirty (30) nor more than sixty (60) calendar days
prior to the Redemption Date, notice of any such redemption, which shall be dated and state (a) the
Redemption Date, (b) the Redemption Price, (c) the identification and respective principal amount
of Bonds to be redeemed if less than all Bonds are to be redeemed, (d) that on the Redemption Date
the Redemption Price will become due and payable on the Bond or portion thereof called for
redemption, (e) that interest on each such Bond shall cease to accrue from and after such date, and
(f) the place where the Bonds are to be surrendered for payment of the Redemption Price (i) shall be
filed with the Registrar, and (ii) shall be mailed by deposit in the U.S. Mail by First Class Mail,
postage prepaid, to all Registered Owners of Bonds to be redeemed at their addresses as they
appear on the registration books hereinabove provided for by the deposit of moneys with the
Paying Agent. Interest shall cease to accrue on the Redemption Date on any Bonds duly called for
prior redemption if payment of the Redemption Price has been duly provided for. Failure of any
Registered Owner to receive notice properly given shall not affect (i) the validity of any such
proceedings for redemption or (ii) the cessation from and after the Redemption Date of the accrual
of interest on the Bonds called for redemption.
(B) Notices To Depositories. In addition to the foregoing notice, further notice shall be
given as set out below, but no defect in any such notice nor any failure to give all or any portion of
any notice shall in any manner defeat the effectiveness of a call for redemption with respect to an
Owner as to which notice is given as prescribed in Paragraph A above. Each such further notice of
redemption given hereunder shall contain the information required above for an official notice of
redemption plus: (i) the date of the Bonds of such Series being redeemed; (ii) the rate of interest
borne by the Bonds being redeemed; (iii) the maturity date of the Bonds being redeemed; (iv) the
CUSIP number of the Bonds being redeemed and (v) any other descriptive information needed to
identify accurately the Bonds being redeemed.
Each further notice of redemption under this Subsection (B) shall be sent at least thirty-two
(32) days before the Redemption Date by registered or certified mail or overnight delivery service
(at the expense of the addressee) to each Credit Facility Issuer and to all registered securities
depositories then in the business of holding substantial amounts of obligations of types such as the
Bonds (such depositories now being The Depository Trust Company of New York, New York, the
Midwest Securities Trust Company of Chicago, Illinois, and the Philadelphia Depository Trust
Company of Philadelphia, Pennsylvania) and to one or more national information services that
disseminate notices of redemption of obligations such as the Bonds (such as Financial Information,
Inc.' s Financial Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny
Information Service's Called Bond Service and Standard & Poor's Called Bond Record).
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Section 2.10. Form of Bonds. The text of the Bonds shall be in substantially the form of
Exhibit A hereto, with such omissions, insertions, and variations as may be necessary and desirable,
and as may be authorized or permitted by this resolution or by subsequent resolution adopted
prior to the issuance thereof.
Section 2.11. Book-Entry System. The 2005 Bonds shall be issued in book-entry only form.
The County has entered into the Letter of Representations in the form fumishedby DTC, and shall
make such other provisions and perform such further acts as are necessary to provide for the
issuance of the 2005 Bonds in book-entry only form. The 2005 Bonds shall be registered to Cede
and immobilized in the custody of DTe.
All payments for the principal of, interest and redemption premiums, if any, on the 2005
Bonds shall be paid by check, draft or wire transfer by the Paying Agent to Cede, without prior
presentation or surrender of any Series 2005 Bond (except for final payment thereof); and shall
constitute payment thereof pursuant to, and for all purposes, of the Bond Resolution.
If less than all the outstanding 2005 Bonds of a single maturity are to be called for
redemption, the County and the Paying Agent shall have no responsibility for the selection of the
book-entry interests in the 2005 Bonds to be paid pursuant to the redemption, or for notification of
that redemption or of that payment to, or for payment to, the beneficial owners of affected
book-entry interests; all of which shall be handled by and in accordance with arrangements of DTC
and its participants and others working through those participants.
To the extent permitted by the provisions of the Letter of Representations referred to above,
the County shall issue 2005 Bonds directly to beneficial owners of the Bonds other than DTC, or its
nominee, in the event that:
(a) DTC determines not to continue to act as securities depository for the 2005
Bonds; or
(b) the County has advised DTC of its determination that DTC is incapable of
discharging its duties; or
(c) the County determines that it is in the best interest of the County not to continue
the book-entry system or that the interests of the beneficial owners of the 2005 Bonds might
be adversely affected if the book-entry system is continued.
Upon occurrence of the events described in (a) or (b) above, the County shall attempt to
locate another qualified securities depository, and shall notify holders of the 2005 Bonds through
DIC if successful. If the County fails to locate another qualified securities depository to replace
DTC, the County shall cause the Bond Registrar to authenticate and deliver replacement 2005
Bonds in certificate form to the beneficial owners of the 2005 Bonds.
In the event the County makes the determination noted in (c) above (the County undertakes
no obligation to make any investigation to determine the occurrence of any events that would
permit the County to make any such determination), or if the County fails to locate another
qualified securities depository to replace DTC upon occurrence of the events described in (a) or
(b) above, the County shall mail a notice to DIC for distribution to the beneficial owners of the 2005
Bonds stating that DTC will no longer serve as securities depository, the procedures for obtailling
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such 2005 Bonds in certificated form, and the provisions which govern the 2005 Bonds including,
but not limited to, provisions regarding authorized denominations, transfer and exchange,
principal and interest payments, and other related matters.
(End of Article II)
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ARTICLE III
BONDS NOT GENERAL OBLIGATION OF COUNTY;
PLEDGE OF REVENUES AND APPLICATION THEREOF
Section 3.01. Bonds Not General Obligations or Indebtedness of the County. The Bonds
do not constitute a general obligation of, or a pledge of the faith and credit or the taxing power
of, the County, the State of Florida or any agency or political subdivision thereof within the
meaning of any constitutional or statutory provision or limitation, but are limited, special
obligations of the County, the principal of, premium, if any and interest on which are secured
solely by a lien upon and pledge of the Pledged Revenues as provided herein and in the Series
Resolution. Neither the County, nor the State of Florida or any agency or political subdivision
thereof shall be obligated to exercise its ad valorem taxing power or any other taxing power in
any form on any real or personal property to pay the principal, premium, if any, or interest on
the Bonds or other costs incidental thereto or to pay the same from any other funds except from
the Pledged Revenues in the manner provided herein and in the Series Resolution.
Section 3.02. Bonds Secured By Pledged Revenues. The payment of the Debt Service
Requirement on all of the Bonds issued hereunder shall be secured forthwith equally and ratably
with the other Bonds solely by a lien upon and pledge of the Pledged Revenues. The Pledged
Revenues, in an amount sufficient to pay the Debt Service Requirement on the Bonds and to make
all other payments required hereunder are hereby, so long as any Bonds or Reserve Account Credit
Facility Costs are Outstanding and unpaid hereunder, irrevocably pledged in the manner stated
herein and in the Series Resolution to the payment of the Debt Service Requirement on the Bonds as
the same becomes due and to the making of the other payments required hereunder.
Notwithstanding the foregoing, no provision hereof is intended to prohibit the payment of Debt
Service Requirement on any Series from, or the pledging to such payment of, any lawfully available
additional reserves, security, obligations or sources of funds. The Bonds and the interest thereon
shall not constitute a lien upon any Project or any other property of or in the County, but shall
constitute a lien only upon the Pledged Revenues in the manner provided herein and in the Series
Resolution.
Section 3.03. Application Of Pledged Revenues. Until the Bonds shall no longer be
Outstanding or until (a) there shall have been set apart in the Debt Service Fund, including
sub accounts therein for each Series, and the Bond Amortization Account and subaccounts therein, a
sum sufficient to pay when due the entire Debt Service Requirement accrued and to accrue on such
Series, or (b) provision for payment of the Bonds shall have been made in accordance with the
provisions of this resolution, the County covenants with the Registered Owners of, and any Credit
Facility Issuer for, the Bonds as follows:
(A) Creation Of Funds A...~.d Accour.ts. There shall be created and established by the
County on or before the first day that moneys are required by the terms hereof to be on deposit
therein the following special funds and accounts, which shall be subject to the lien hereof: State
Revenue Sharing Improvement Bonds Revenue Fund (hereinafter the "Revenue Fund"); State
Revenue Sharing Improvement Bonds Debt Service Fund (hereinafter the "Debt Service Fund"),
together with accounts therein to be known as the Reserve Account, the Bond Amortization
Account and the Redemption Account (together with any sub accounts therein); State Revenue
Sharing Improvement Bonds Project Fund (hereinafter, the "Project Fund"), together with any
accounts therein; and State Revenue Sharing Improvement Bonds Rebate Fund (the "Rebate
Fund").
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(B) Mainten311CC Of Funds .^.\..~.d .^.ccounts. The designation and establishment of the
various funds and accounts in and by this resolution shall not be construed to require the
establishment of any completely independent, self-balancing funds or accounts, as such terms are
commonly defined and used in governmental accounting, but rather is intended solely to require a
segregation of Pledged Revenues on the books and records of the County for the purposes and to
establish priorities for application of such Pledged Revenues as provided herein. Cash and
Authorized Investments required to be accounted for in each of the funds and accounts established
by this resolution may be deposited in a single bank account, provided that stand9-rd accounting
records are maintained to reflect control or restricted allocation of the moneys therein for the
various purposes of such funds and accounts.
The foregoing provisions notwithstanding, the funds and accounts created and established
pursuant to this resolution shall constitute restricted funds for the purposes provided herein and
shall be maintained on the books of the County as separate and distinct from all other funds and
accounts of the County, in the manner provided in this resolution. All moneys in such funds and
accounts shall be continuously secured in the same manner as the County deposits are required to
be secured by the laws of the State.
Separate accounts may be maintained for different Series or installments of Bonds and
identified by the appropriate designation, and deposits into the accounts for each such Series or
installment of Bonds shall be on a parity with the deposits, if any, into the corresponding accounts
for each other Series of Bonds (or, in the case of a deficiency, shall be on a pro rata basis computed
with regard to the then current and any overdue payments to be made into such subaccounts
unless specified otherwise); further provided that moneys on deposit in the accounts established for
a particular Series may be specified not to be available to be used for payments required to be made
from the corresponding accounts for any other Series.
(C) Application Of Stltc Revcnuc Sharir.g Funds. All Revenue Sharing Trust
Fund Moneys shall, immediately upon receipt thereof, be deposited by the County into the
Revenue Fund. Any moneys at any time on deposit in the Revenue Fund shall be disposed of in
each month in each Bond Year only in the following manner and order of priority.
(1) Moneys on deposit in the Revenue Fund shall first be used for deposit
into the Debt Service Fund, of such sums as are necessary to pay one-sixth (1/6) of the interest
becoming due on the Current Interest Paying Bonds on the next semi-annual Interest Payment
Date, provided, however, that no deposit shall be required to the extent that payment of interest
on the Bonds has been provided from the proceeds of the Bonds or from other moneys of the
County legally available therefor.
(2) Moneys on deposit in the Revenue Fund shall next be used for the
deposit into the Debt Service Fund, in any year immediately before a Serial Bond maturity date,
of such sums as are necessary to pay one-twelfth (1/12) of the principal maturing on Serial
Bonds on the next principal maturity date, provided, however, that no deposit shall be required
to the extent that payment of the principal on the Bonds has been provided from other moneys
of the County legally available therefor.
(3) Moneys on deposit in the Revenue Fund shall next be used for deposit
into the Debt Service Fund, on a parity with the payments provided in Subsection (2) above, in
any year immediately before a Compounding Interest Bond maturity date, of such sums as are
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necessary to pay one-twelfth (1/12) of the Compounded Amounts due on such maturity date,
provided, however, that no deposit shall be required to the extent that payment of the
Compounded Amounts on the Bonds has been provided from other moneys of the County
legally available therefor.
(4) Moneys on deposit in the Revenue Fund shall next be used for deposit
into the Bond Amortization Account, on a parity with the payments provided in Subsections (2)
and (3) above, a sum equal to one-twelfth (1/12) of the amount of the Amortization Installment
for Term Bonds which shall become due and payable on the next Amortization Installment due
date, provided, however, that no deposit shall be required to the extent that payment of the
Amortization Installment on the Bonds has been provided from other moneys of the County
legally available therefor.
(5) Moneys shall next be used (a) first to repay to the Credit Facility Issuer
any amounts drawn on a Reserve Account Credit Facility, (b) second to maintain on deposit in
the Reserve Account moneys and Authorized Investments or Reserve Account Credit Facility
Coverage, or a combination thereof, in an amount equal to the Reserve Account Requirement
and (c) third to pay Reserve Account Credit Facility Costs.
(6) Moneys shall next be used to cure any deficiency in the amounts
required to be on deposit in the Debt Service Fund and Reserve Account.
(7) Moneys shall next be used to pay the principal of and interest on any
Subordinated Debt that may be outstanding in accordance with the terms thereof.
(8) Remaining moneys may thereafter be withdrawn and used by the
County for any lawful purpose.
The foregoing provisions notwithstanding, the County shall not be obligated to
deposit into the foregoing funds and accounts in any Fiscal Year any amount of Revenue
Sharing Trust Fund Moneys in excess of the Pledged Revenue Sharing Trust Fund Moneys;
further provide"d that the County shall not be prohibited from depositing amounts in excess of
the Pledged State Revenue Sharing Moneys into the foregoing funds and accounts in its sole
discretion.
No further deposits shall be required to be made into the foregoing funds and
accounts whenever there shall be on deposit in the Debt Service Fund, including the Reserve
Account and the Bond Amortization Accounts therein, an amount of. .cash and Authorized
Investments equal to all principal and interest due on the Bonds to the final maturity thereof or,
if the Bonds have been duly called for prior redemption, to the redemption date.
Credit shall be allowed against the required deposit amounts due as prescribed above
for the payment of principal of and interest and Amortization Installment on Bonds to the
extent of any other funds on deposit and available for such purpose in the applicable accounts
of the Debt Service Fund including (i) capitalized interest, and (ii) any Investment Earnings
transferred into such fund or account and available for such purposes.
(D) In'.'cstment Of Moneys In Funds h1d Accounts; Application Of Investment
Earnings. All moneys in the funds and accounts created hereunder shall be invested and
reinvested only in Authorized Investments. Authorized Investments allocated to any fund or
account shall mature not later than the respective dates, as estimated by the County, that moneys
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will be needed for the purposes thereof. In the case of the Reserve Account, investments shall
mature not later than the earlier of five (5) years from their date or the final maturity of the Bonds,
and Investment Earnings shall be retained in such account to the extent necessary to maintain the
Reserve Account Requirement therein, or may be transferred to the Revenue Fund or to the Project
Fund (or any account therein) created in connection with any Series, as determined by the County.
Except as otherwise provided herein with respect to any particular moneys, and except in
accordance with any Tax Compliance Certificate delivered in connection with the issuance of any
applicable Series, all Investment Earnings shall, upon receipt, deposited into the Revenue Fund.
(E) Use Of Moneys On Deposit In Funds Â..."'1d Accour.ts. The moneys on deposit
in the funds and accounts herein established shall be used only in the following manner and
only for the following purposes.
(1) Debt Service Fund. Moneys on deposit in the Debt Service Fund and the Bond
Amortization Account therein shall be used only to pay the principal of (including
Amortization Installments), premium, if any, and interest on the Bonds as the same becomes
due and for no other purpose. No further deposits shall be required to be made into said
accounts in any Bond Year when the amount on deposit therein is equal to the Debt Service
Requirement for the Bonds for such Bond Year.
(2) Bond Amortization Account. Moneys held for the credit of the Bond
Amortization Account shall be applied to the retirement of Term Bonds as follows:
(a)
the County in each Bond
following order:
Money in the Bond Amortization Account shall be applied by
Year to the retirement of Term Bonds then outstanding in the
(i) The Term Bonds of each issue of Bonds, to the extent of the
Amortization Installment, if any, for such Bond Year for the Term Bonds of each such issue then
outstanding, plus the applicable premium, if any, and if the amount available in such Bond Year
shall not be sufficient therefor, then in proportion to the Amortization Installment, if any, for
such Bond Year for the Term Bonds of each such issue then outstanding, plus the applicable
premium, if any; provided, however, that if the Term Bonds of any such issue shall not then be
subject to redemption from moneys in the Bond Amortization Account and if the County shall
at any time be unable to exhaust the moneys applicable to the Term Bonds of such issue under
the provisions of this clause or in the purchase of such Term Bonds under the provisions of
Paragraph (b) below, such money or the balance of such money, as the case may be, shall be
retained in the Bond Amortization Account and, as soon as it is feasible, applied to the purchase
or redemption of Term Bonds of such issue; and
(ii) Any balance then remaining, other than money retained under the
first clause of this Paragraph (a), shall be applied to the retirement of such Term Bonds and
Additional Parity Bonds as the 'County in its sole discretion shall determine, but only, in the
case of the redemption of Term Bonds of any issue, in such amounts and on such terms as may
be provided in the proceedings authorizing the issuance of the Bonds of such issue.
(b) Subject to the provisions of Paragraph (a) above, the County may
endeavor to purchase Term Bonds then outstanding at the most advantageous price obtainable
with reasonable diligence, such price not to exceed the principal of such Term Bonds plus the
amount of the premium, if any, which would be payable on the next redemption date to the
Registered Owners of such Term Bonds if such Term Bonds should be called for redemption on
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such date from moneys in the Bond Amortization Account; provided, that no such purchase
shall be made by the County within the period of 45 days immediately preceding any Interest
Payment Date on which Term Bonds are subject to call for redemption, except from moneys in
excess of the amounts set aside or deposited for the redemption of Term Bonds.
(3) Reserve Account. Moneys in the Reserve Account shall be used
only: (i) for the purpose of the payment of maturing Amortization Installments or principal of
or interest on the Bonds when the other moneys allocated to the Debt Service Fund are
insufficient therefor, and (ii) if there has been a draw upon a Reserve Account Credit Facility, to
restore such Reserve Account Credit Facility in the amount of such draw, and (iii) to pay
Reserve Account Credit Facility Costs. Any withdrawals from the Reserve Account shall be
restored from the first available moneys after all required current payments have been made
into the Debt Service Fund, including deficiencies for prior payments. The County shall comply
with the provisions of Exhibit H, Part III, with respect to the 2005 Surety Bond.
If and to the extent that the Reserve Account Requirement has been provided with a
combination of cash and one or more Reserve Account Credit Facilities, all such cash shall be
used (or Authorized Investments purchased with such cash shall be liquidated and the
proceeds applied as required) prior to any drawing under a Reserve Account Credit Facility,
and repayment of any draw on a Reserve Account Credit Facility shall be made prior to the
replenishment of any such cash amount. If more than one Reserve Account Credit Facility is
provided, drawings under such Reserve Account Credit Facilities shall be made on a pro rata
basis (calculated by reference to the original maximum amounts available under each Reserve
Account Credit Facility) after applying all available cash and Authorized Investments in the
Reserve Account and prior to replenishment of any such cash draws, respectively. The Paying
Agent shall ascertain the necessity of a claim or draw upon the Reserve Account Credit Facility
and provide notice to the Credit Facility Issuer in accordance with its terms but not later than
two business days prior to each Interest Payment Date.
Upon the issuance of Additional Parity Bonds, additional moneys shall be deposited
into the Reserve Account from the proceeds of such Additional Parity Bonds, or from other
moneys of the County available therefor, in order to make the amount on deposit in the Reserve
Account at the time of issuance thereof equal to the Reserve Account Requirement on both the
outstanding Bonds and the Additional Parity Bonds. The foregoing provision notwithstanding,
the County shall be entitled at the time of issuance of the Additional Parity Bonds to provide a
Reserve Account Credit Facility in an amount equal to the difference between the Reserve
Account Requirement calculated with respect to the Bonds outstanding and the Additional
Parity Bonds proposed to be issued and the amount on deposit in the Reserve Account.
Notwithstanding the foregoing, the County at any time may substitute a Reserve
Account Credit Facility for all or any portion of the cash and Authorized Investments on
deposit in the Reserve Account, subject only to such conditions and approvals as may be
imposed by the Credit Facility Issuer providing such Reserve Account Credit Facility or by any
Credit Facility Issuer having a Credit Facility or Reserve Account Credit Facility in effect as to
any Bonds.
The Authorized Investments on deposit in the Reserve Account shall be valued
annually as of the last day of the Fiscal Year at their fair market value thereof, exclusive of
accrued interest. If and whenever the moneys and Authorized Investments applied and
allocated to the Reserve Account (except investment income to be deposited into the Revenue
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Fund as hereinafter provided) exceed the Reserve Account Requirement on all then
Outstanding Bonds, such excess may be withdrawn and applied and allocated into the Revenue
Fund.
(4) Revenue Fund. Moneys on deposit in the Revenue Fund shall be used in each
month first to make the required deposits into the Debt Service Fund and accounts therein in
such month. Thereafter, the moneys on deposit in the Revenue Fund may be deposited into the
Rebate Fund to the extent required or may be withdrawn and used by the County for any
lawful purpose.
(5) Rebate Fund. Moneys on deposit in the Rebate Fund, if any, shall be used to
make required payments to the U. S. Treasury at the times and in the amounts necessary to
comply with the Code and thereafter may be withdrawn and used for any lawful purpose.
(F) Payment Þ.ccounts. On or prior to each Interest Payment Date when Debt Service
Requirement is due on any Bonds, funds for the payment of the Debt Service Requirement then due
shall be transferred from the accounts in the Debt Service Fund and deposited in a payment
account with the Paying Agent. The payment account shall be established in the name of the
County, and moneys therein may be invested in overnight repurchase agreements fully
collateralized by United States Obligations held by a third party. The payment account shall be
held solely for the benefit of the persons entitled to receive payment of the Debt Service
Requirement with respect to which such moneys were deposited, subject however to the provisions
of the next paragraph. All income on the investment of such moneys may be applied by the
County for any lawful purpose and shall not be considered Pledged Revenues hereunder.
The procedures contained in Exhibit H, Part I, shall be applicable with respect to payment
of the 2005 Bonds.
(G) Unclaimed Moneys. Moneys held by the paying agent for the payment of Debt
Service Requirement and remaining unclaimed for a period of one (1) year from the date on which
such moneys were due to pay such Debt Requirement Service may be withdrawn by the County
and used for any lawful purpose; provided (1) that such withdrawal shall not give rise to any claim
for additional interest due on such Bonds on account of payment thereof not having been duly
provided for under the terms of this resolution and (2) that such withdrawal shall not affect the
right, to the extent existing under the provisions of this resolution or of the laws of the State, of the
Registered Owner of such Bonds to payment from the Pledged Revenues of the principal and
interest thereon to the Interest Payment Datë with respect to which such moneys were originally
deposited.
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ARTICLE IV
APPLICATION OF 2005 BOND PROCEEDS; PROJECT FUND
Section 4.01. Application of 2005 Bond Proceeds. The proceeds, including accrued interest
and premium, if any, received from the sale of any or all of the 2005 Bonds shall be applied by the
County in the following manner and order of priority, simultaneously with their delivery to the
Underwriters thereof, except to the extent provided otherwise in an officer's certificate or tax
compliance certificate executed by the County in connection with the issuance and delivery of the
2005 Bonds:
(A) The County shall pay to the 2005 Bond Insurer the premiums for the 2005 Policy
and the 2005 Surety Bond.
(B) The accrued interest, if any, shall be deposited in the Debt Service Fund herein
created and used for the purpose of paying interest becoming due on the 2005 Bonds.
(C) To the extent not paid or reimbursed therefor by the Underwriter of the 2005 Bonds
in accordance with the provisions of the Purchase Contract, the County shall pay all costs and
expenses in connection with the preparation, issuance and sale of the 2005 Bonds.
(D) The balance of the proceeds shall be deposited in the 2005 Project Account hereby
created and established in the Project Fund.
Section 4.02. Project Fund. Moneys on deposit in the Project Fund shall be withdrawn,
used and applied by the County solely for the payment of the Project Costs and purposes incidental
thereto, as described and set forth in the Series Resolution related to the particular Project. All
expenditures or disbursements from the Project Fund shall be made only after such expenditures or
disbursements shall have been approved in writing by the Board or its designee.
All funds on deposit in the Project Fund, which in the opinion of the County, are not
immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized
Investments, maturing at such time or times as such moneys will be needed for the purposes of the
Project Fund. All income derived from such investments shall be retained in the Project Fund and
used to pay Project Costs.
If, for any reason, the moneys on deposit in the Project Fund, or any part thereof, are not
necessary for or are not applied to the payment of Project Costs, then the unapplied proceeds shall,
subject to receipt of an opinion of Bond Counsel that such use will not adversely affect the exclusion
from gross income for federal income tax purposes of interest on the Bonds, (1) first, be deposited
into the Debt Service Fund, to the extent of any deficiency therein, and (2) second, be deposited into
the Reserve Account to the extent of any deficiency therein, (3) third, be used to pay any Reserve
Account Credit Facility Costs then due and owing, (4) fourth, be used for any lawful capital
purpose for which the Pledged Revenues can be used, and (5) fifth, be used to defease or redeem
any outstanding Bonds.
(End of Article IV)
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ARTICLE V
COVENANTS OF THE COUNTY;
REMEDIES
Section 5.01. Covenants Of The County. So long as any of the Bonds shall be Outstanding,
or until (a) there shall have been set apart in the Debt Service Fund and accounts therein, a sum
sufficient to pay when due, the entire principal amount of the Bonds remaining unpaid, together
with the premium, if any, with respect thereto and the interest accrued and to accrue thereon, or (b)
provision for payment of the Bonds shall have been made in accordance with the provisions hereof,
the County covenants with the Registered Owners of the Bonds and any Credit Facility Issuer for
the Bonds as follows:
(A) Books And Records; L"1l1ual Audit. The County will keep books and records of the
Pledged Revenues, in which complete and correct entries shall be made in accordance with
Accounting Principles, of all transactions relating to the Pledged Revenues; any Registered Owner
and each Credit Facility Issuer shall have the right at all reasonable times to inspect all books,
records, accounts and data of the County relating thereto.
The County shall, within one hundred and eighty (180) days after the close of each Fiscal
Year (or such other date as shall be specified by State law), cause the books, records and accounts of
the County for such preceding Fiscal Year to be properly audited by the Independent Certified
Public Accountants, and the County shall mail upon written request, and make available generally,
the audit report, or a reasonable summary thereof, to any Registered Owner and each Credit
Facility Issuer.
(B) M::lintcn:mcc Of Eligibility To Rcceivc Pledgcd Rc'.'cnuCG. The County will take all
actions as are necessary in order to maintain the eligibility of the County to receive the Revenue
Sharing Fund Moneys, in accordance with the provisions of Section 218, Part II, Florida Statutes.
(C) Issu:mcc Of Othcr 2005 Bonds Payable Out Of Plcdged RC'lcnuCG. The County will
not issue any obligations other than the 2005 Bonds and Additional Parity Bonds secured by a lien
upon and pledge of the Pledged Revenues, nor voluntarily create or cause to be created any debt,
lien, pledge, assignment, encumbrance or any other charge having priority to or being on a parity
with the lien of the 2005 Bonds and the interest thereon, upon the Pledged Revenues. Any
obligations secured by a lien upon and pledge of the Pledged Revenues issued by the County other
than the 2005 Bonds or Additional Parity Bonds, shall contain an express statement that such
obligations are junior, inferior, and subordinate in all respects to the 2005 Bonds and any such
Additional Parity Bonds as to lien on and source and security for payment from the Pledged
Revenues, and in all other respects.
(D) Issu3r.cc Of Additional Parity Bonds. No Additional Parity Bonds shall be issued
after the issuance of any Bonds pursuant to this resolution, except upon the following terms and
conditions:
Additional Parity Bonds payable from the Pledged Revenues may be issued by
the County only if the average of the State Revenue Sharing Funds received by the County in
each of the two Fiscal Years immediately preceding the date of sale of the Additional Parity
Bonds, as evidenced by the written certificate of the County Administrator, shall have been at
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least equal to the sum of (a) one hundred thirty-five per centum (135%) of the Maximum Debt
Service Requirement on (i) the Bonds issued pursuant to this resolution then outstanding, (ii)
any Additional Parity Bonds theretofore issued and then outstanding, and (iii) the Additional
Parity Bonds proposed to be issued, and (b) one hundred per centum (100%) of Reserve
Account Credit Facility Costs, if any; provided, that the County shall not be required to comply
with the foregoing test with respect to any Additional Parity Bonds issued for the purpose of
refunding Outstanding Bonds where such refunding does not result in any increase in (x) the
aggregate Debt Service Requirement with respect to the Bonds being refunded and (y) the
Maximum Debt Service Requirement for the Bonds.
No Additional Parity Bonds, shall be issued at any time, however, unless all of the
payments into the respective funds and accounts provided for in this Resolution on Bonds then
outstanding, and all other Debt Service Fund, Reserve Account or other payments provided for
in this resolution, shall have been made in full to the date of issuance of said Additional Parity
Bonds, and the County shall be in substantial compliance with all of the covenants, agreements
and terms of this resolution.
Such Additional Parity Bonds shall be deemed to have been issued pursuant to the Bond
Resolution the same as the 2005 Bonds originally authorized and issued pursuant to the Bond
Resolution, and all of the covenants and other provisions of the Bond Resolution (except as to
details of such Additional Parity Bonds inconsistent herewith), shall be for the equal benefit,
protection and security of the Registered Owners of the 2005 Bonds originally authorized and
issued pursuant to the Bond Resolution and the Registered Owners of any Additional Parity Bonds.
All of such Additional Parity Bonds, regardless of the time or times of their issuance, shall rank
equally with other Bonds with respect to their lien on and source and security for payment from the
Pledged Revenues without preference of any Bond over any other.
(E) Tax Compliance. The County covenants that it will use, and will restrict the use and
investment of, the proceeds of the Bonds in such manner and to such extent as may be necessary so
that (a) the Bonds will not (i) constitute private activity bonds, arbitrage bonds or hedge bonds
under Section 141, 148 or 149 of the Code or (ii) be treated other than as bonds to which Section
l03(a) of the Code applies, and (b) the interest thereon will not be treated as a preference item
under Section 57 of the Code.
The County further covenants (a) that it will take or cause to be taken such actions that may
be required of it for the interest on the Bonds to be and remain excluded from gross income for
federal income tax purposes, (b) that it will not take or authorize to be taken any actions that would
adversely affect that exclusion, and (c) that it, or persons acting for it, will, among other acts of
compliance, (i) apply the proceeds of the Bonds to the governmental purposes of the borrowing, (ii)
restrict the yield on investment property, (iii) make timely and adequate payments to the federal
government, (iv) maintain books and records and make calculations and reports, and (v) refrain
from certain uses of those proceeds and, as applicable, of property financed with such proceeds, all
in such manner and to the extent necessary to assure such exclusion of that interest under the Code.
The Chairman or the County Administrator, or any other officer having responsibility
for the issuance of the Bonds of any Series, will give an appropriate certificate of the County for
inclusion in the transcript of proceedings, setting forth the reasonable expectations of the
County regarding the amount and use of all the proceeds of the Bonds of such Series, the facts,
circumstances and estimates on which they are based, and other facts and circumstances
relevant to the tax treatment of interest thereon.
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Each such officer is further authorized to make or effect any election, selection, choice,
consent, approval, or waiver on behalf of the County with respect to the Bonds of any Series as
the County is permitted or required to make or give under the federal income tax laws, for the
purposes of assuring, enhancing or protecting favorable tax treatment or characterization of the
Bonds of such Series or interest thereon or assisting compliance with requirements for that
purpose, reducing the burden or expense of such compliance, reducing the rebate amount or
payments of penalties thereon, or making payments in lieu therèof, or obviating such amounts
or payments, as determined by such officer. Any such action of such officer will be in writing
and signed by the officer.
The County (a) will take or cause to be taken such actions which may be required of it
for the interest on the Bonds of any Series to be and remain excluded from gross income for
federal income tax purposes, and (b) will not take or permit to be taken any actions which
would adversely affect that exclusion, and that it, or persons acting for it, will, among other acts
of compliance, (i) apply the proceeds of the Bonds of such Series to the governmental purpose
of the borrowing, (ii) restrict the yield on investment property acquired with those proceeds,
(iii) make timely rebate or penalty payments, if any, to the federal government, (iv) maintain
books and records and make calculations and reports, and (v) refrain from certain uses of
proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest
under the Code. The Chairman, the County Administrator and other appropriate officers are·
hereby authorized and directed to take any and all actions, make calculations and rebate or
penalty payments, and make or give reports and certifications, as may be appropriate to assure
such exclusion of that interest.
The foregoing provisions of this Paragraph (E) shall not be applicable to Bonds of any Series
which are issued by the County pursuant to Chapter 159, Part VII, Florida Statutes.
(F) Payment Of Bonde. The County will pay the principal of, premium, if any, and
interest on the Bonds when due.
Section 5.02. Events Of Default. It shall be an event of default under this resolution if the
County shall:
(1) fail to deposit with the Paying Agent on the due date thereof sufficient funds
to pay the Debt Service Requirement when due;
(2) fail to deposit or pay within ten (10) days after the due date thereof any
other required deposit or payment under this resolution pursuant to Section 3.03C(1) through (6)
hereof;
(3) fail to comply in any material respect with any other covenant made in this
resolution, if (a) such failure shall continue for more than thirty (30) days following notice of such
failure to the County or (b) the County shall not within thirty (30) days of receipt of such notice
have initiated steps to cure such default and thereafter have proceeded diligently to cure such
default; provided however that the Credit Facility Issuer may waive any such defect if compliance
shall be determined to be impossible of performance; or
(4) there shall occur the filing by the County of a volUntary petition in
bankruptcy, or the commission by the County of any act of bankruptcy, or the adjudication of the
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County as a bankrupt, or the assignment by the County for the benefit of its creditors, or the entry
by the County into an agreement of composition with its creditors, or the approval by a court of
competent jurisdiction of a petition applicable to the County in any proceeding for its
reorganization, instituted under the provisions of the Federal Bankruptcy Act, as amended, or any
similar act in any jurisdiction which may now be in effect or hereafter amended.
Section 5.03. Remedies. Any Registered Owner, any Credit Facility Issuer, or any trustee
acting for Registered Owners, in the manner hereinafter provided, may, either at law or in equity,
by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and
enforce any and all rights, either under the laws of the State of Florida or granted and contained in
this resolution and may enforce and compel the performance of all duties required by this
resolution or by any applicable statutes to be performed either by the County or by any officer
thereof, including the receipt and application of the Pledged Revenues and the taking of any and all
actions necessary to entitle the County to receive the Pledged Revenues
The foregoing provisions notwithstanding, so long as it is not in default under a Policy, a
Bond Insurer, (a) acting alone, shall have the right to direct all remedies in an Event of Default; (b)
shall be recognized as the Registered Owner of each Bond which it insures for purposes of
exercising all rights and privileges available to bondholders, (c) shall have the right to institute any
suit, action, or proceeding at law or in equity under the same terms as a Registered Owner under
this resolution, and (d) must give its prior consent before any acceleration of principal on Bonds
may be declared.
If an event of default shall occur, and in the further event that any such default shall
continue for a period of thirty (30) days after the giving of notice thereof to the County, the
Registered Owners of not less than twenty-five percent (25%) in aggregate principal amount of
Bonds Outstanding, or any trustee appointed to represent Registered Owners as hereinafter
provided, shall be entitled as of right to the appointment of a receiver of the Pledged Revenues in
an appropriate judicial proceeding in a court of competent jurisdiction, whether or not such
Registered Owners or trustee is also seeking or shall have sought to enforce any other right or
exercise any other remedy in connection with Bonds.
The receiver so appointed shall forthwith, directly or by his agents and attorneys, take
possession of the various funds and accounts established hereunder, and shall hold, manage and
control such funds and accounts, and in the name of the County shall exercise all the rights and
powers of the County with respect to such funds and accounts as the County itself might do. Such
receiver shall collect and receive all Pledged Revenues and maintain and apply the funds and
accounts established by this resolution in the manner provided herein, and comply, under the
jurisdiction of the court appointing such receiver, with all of the provisions of this resolution.
Whenever all principal that is due upon the Bonds, together with interest thereon, and all
payments required under any covenants of this resolution for reserve, Debt Service Funds, or other
funds, and all principal upon any other obligations, together with interest thereon, having a charge,
lien or encumbrance upon the Pledged Revenues, shall have been paid and made good, and all
defaults under the provisions of this resolution shall have been cured and made good, possession
of the funds and accounts created hereby shall be surrendered to the County upon the entry of an
order of the court to that effect. Upon any subsequent default, any Registered Owner, or any
trustee appointed for Registered Owners as hereinafter provided, shall have the right to secure the
further appointment of a receiver upon any such subsequent default.
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Such receiver shall, in the performance of the powers hereinabove conferred upon him, be
under the direction and supervision of the court making such appointment, shall at all times be
subject to the orders and decrees of such court and may be removed thereby and a successor
receiver appointed in the discretion of such court. Nothing herein contained shall limit or restrict
the jurisdiction of such court to enter such other and further orders and decrees as such court may
deem necessary or appropriate for the exercise by the receiver of any function not specifically set
forth herein.
Any receiver appointed as provided herein shall hold and apply the funds and accounts
established' hereunder in the name of the County, any Credit Facility Issuer for the Bonds, and the
Registered Owner of the Bonds issued pursuant to this resolution as their interests shall appear.
Such receiver shall have no power to sell, assign, mortgage, or otherwise dispose of any assets of
any kind or character belonging or pertaining to the County, but the authority of such receiver shall
be limited to the possession, and control, including the disbursement of moneys from, the funds
and accounts established hereby, for the sole purpose of the protection of the County, any Credit
Facility Issuer and the Registered Owners as their interests shall appear.
The Registered Owners of Bonds in an aggregate principal amount of not less than
twenty-five per centum (25%) of Bonds then Outstanding may, by a duly executed certificate in
writing, appoint a trustee for Registered Owners with authority to represent such Registered
Owners in any legal proceedings for the enforcement and protection of the rights of such
Registered Owners. Such certificate shall be executed by such Registered Owners or their duly
authorized attorneys or representatives, and shall be filed in the office of the County Clerk and with
the Chairman.
(End of Article V)
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ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.01. Sale Of 2005 Bonds; Delegation Of Authority To Execute Purchase Contract;
Conditions To Exercise Of Authority. Based on the nature of the financing and the prevailing
market conditions, the Board, in compliance with Section 218.385(l)(a), Florida Statutes, hereby
finds, determines and declares that it is in the best interest of the County to sell the 2005 Bonds at
negotiated sale to the Underwriter, pursuant to the provisions of the 2005 Purchase Contract.
The County Administrator is hereby, subject to the conditions set forth on Exhibit B hereto,
authorized and empowered to execute the Purchase Contract on behalf of the County and to
deliver an executed copy thereof to the Underwriter. This delegation of authority is expressly made
subject to certain conditions set forth on Exhibit B hereto, the failure of any of which shall render
the Purchase Contract voidable at the option of the County.
Section 6.02. Credit Facility and Reserve Account Credit Facility. The 2005 Commitments
are hereby accepted and approved. There shall be printed on the back of each Series 2005 Bond a
statement to the effect that payment of the principal of and interest on the 2005 Bonds is insured by
the 2005 Bond Insurer under the 2005 Policy, and the proper officers of the County are hereby
authorized and directed to payor cause to be paid the premiums stated in the 2005 Commitments
upon the delivery of the 2005 Policy and the 2005 Surety Bond and to execute the 2005 Guaranty
Agreement.
Section 6.03. Notices To Credit Facility Issuer; Credit Facility Issuer Deemed Sole
Bondowner And AParty In Interest. Whenever a Credit Facility Issuer shall be providing a Credit
Facility with respect to any Bonds issued hereunder, such Credit Facility Issuer shall be entitled to
receive and shall be provided by certified mail all notices and reports which are required herein to
be prepared and to be sent or made available to Registered Owners of such Bonds.
Notwithstanding any other provisions of this resolution to the contrary, the Credit Facility
Issuer, so long as it is not in default under the Policy, shall be deemed to be the sole Registered
Owner of all Bonds insured by it for purposes of exercising rights, consents or remedies granted
under this resolution.
Any provision of this resolution to the contrary notwithstanding, if under any provision
hereof any action is to be taken only with the consent or approval of a Credit Facility Issuer, and if
at the time such consent or approval would otherwise be called for such Credit Facility Issuer is not
in compliance with its payment obligations of or is contesting its obligations under its Credit
Facility, then the rights of such Credit Facility Issuer to any consent or approval hereunder shall be
suspended while any such noncompliance or contest is ongoing.
Except as expressly provided herein to the contrary, neither the County nor the Paying
Agent shall take the Credit Facility into effect in determining whether the rights of Registered
Owners are adversely affected by actions taken pursuant to the terms and provisions of the Bond
Resolution.
Each Credit Facility Issuer shall be included as a party in interest and as a party entitled to
notify the Paying Agent or any trustee or the County to intervene in judicial proceedings that affect
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the Bonds or the security therefor. Any trustee, the Paying Agent and the County shall be required
to accept notice of default from the Credit Facility Issuer.
Section 6.04. Bond Registrar And Paying Agent And Agreement Therefor. The Bank of
New York Trust Company, N. A., Jacksonville, Florida (the "Bank"), is hereby designated Bond
Registrar and Paying Agent for the 2005 Bonds. The Chairman and Clerk are hereby authorized to
execute a Paying Agent and Registrar Agreement between the County and such Bank and in a form
to be approved by the County Attorney and Bond Counsel, upon delivery of the 2005 Bonds.
Section 6.05. Authorization For Execution Of 2005 Bonds And Of Additional Documents
And Certificates In Connection With The Delivery Thereof; Approval Of The Necessary Action;
Approval Of Preliminary And Final Official Statements. The Chairman, County Administrator,
Finance Director and Clerk, on the advice of the County Attorney and Bond Counsel, are hereby
authorized and empowered, collectively and individually, to take all action and steps and to
execute and deliver, on behalf of the County, and in their official capacities, the 2005 Bonds, and
any and all instruments, documents, or certificates, including temporary 2005 Bonds, if necessary, a
Tax Compliance Certificate, and a Continuing Disclosure Certificate, which are necessary or
desirable in connection with the issuance and delivery of the 2005 Bonds.
The certification by the County Administrator to the 2005 Underwriter that the form of
preliminary Official Statement (the "Preliminary Official Statement") was deemed final (except for
permitted omissions), and authorizing the distribution and use of that Preliminary Official
Statement by the 2005 Underwriter in connection with the offering for sale of the 2005 Bonds is
hereby ratified and confirmed. The proper officers of the County and each of them are authorized
and directed, on behalf of the County, in their official capacities, to complete the Preliminary
Official Statement, with such modifications, changes and supplements as those officers shall
approve or authorize for purposes of preparing and determining, and to certify and otherwise
represent, that the Preliminary Official Statement as so completed (the "Official Statement") is
"final" for purposes of SEC Rule 15c2-12(b)(3) and (4). Those officers and each of them are also
authorized to sign and deliver on behalf of the County, in their official capacities, the final Official
Statement and such certificates in connection with the accuracy of the final Official Statement and
any amendment thereto as may, in their judgment, be necessary or appropriate, to the Purchaser.
The distribution and use of the fÏi1al Official Statement by the 2005 Underwriter in connection with
the original issuance of the 2005 Bonds is further approved.
The approval of various documents and certificates hereby is hereby declared to be of such
documents in substantially the form attached hereto as exhibits or as subsequently prepared, upon
the advice of the County Attorney and Bond Counsel, with such insertions, deletions, and
variations thereto as shall be approved by the officers executing such documents and certificates on
behalf of the County, and in their official capacities, upon the advice of the County Attorney and
Bond Counsel, such officers' approval thereof to be presumed by their execution.
Section 6.06. Continuing Disclosure. The County hereby covenants and agrees that, in
order to assist the Underwriter in complying with the Continuing Disclosure Rule with respect to
the Bonds of any Series, it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate to be executed by the County prior to the time the County delivers the Bonds
of such Series to the Underwriter, as it may be amended from time to time in accordance with the
terms thereof. Notwithstanding any other provision of this resolution, failure of the County to
comply with such Continuing Disclosure Certificate shall not be considered an event of default
hereunder. However, the Continuing Disclosure Certificate shall be enforceable by the Series 2005
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Bondholders in the event that the County fails to cure a breach thereunder within a reasonable time
after written notice from a Series 2005 Bondholder to the County that a breach exists. Any rights of
the Series 2005 Bondholders to enforce the provisions of the covenant shall be on behalf of all Series
2005 Bondholders and shall be limited to a right to obtain specified performance of the County's
obligations thereunder.
Section 6.07. Defeasance. Notwithstanding the foregoing provisions of this resolution, if,
at any time, the County shall have paid, or shall have made provision for payment of, the principal,
interest and redemption premiums, if any, with respect to any Bonds, then, and in that event, the
pledge of and lien òn the Pledged Revenues in favor of the Registered Owners of such Bonds shall
be no longer in effect. For purposes of the preceding sentence, deposit of noncallable Defeasance
Obligations in irrevocable trust with a banking institution or trust company, for the sole benefit of
the Registered Owners of such Bonds, in respect to which such Defeasance Obligations, the
principal and interest received will be sufficient, without reinvestment, in the opinion of a
Verification Agent to make timely payment of the principal of, interest, and redemption premiums,
if any, on such outstanding Bonds designated to be defeased, and receipt of an opinion of Bond
Counsel to the effect that such deposit (1) satisfies the requirements of the Bond Resolution for a
defeasance and (2) has no adverse effect on the exclusion from gross income for federal income tax
purposes of interest on the Refunded Bonds, shall be considered "provision for payment". Nothing
herein shall be deemed to require the County to call any of the Outstanding Bonds for redemption
prior to maturity pursuant to any applicable optional redemption provisions, or to impair the
discretion of the County in determining whether to exercise any such option for early redemption.
Notwithstanding the foregoing, (a) amounts paid by a Credit Facility Issuer with respect to any
Bonds shall not be deemed paid for the purposes of this Section and such Bonds shall be deemed to
be outstanding hereunder, and owned by such Credit Facility Issuer and such amounts shall
remain due and owing hereunder until paid in accordance with the Bond Resolution; and (b) no
defeasance shall be deemed to occur hereunder with respect to the County's obligation to pay
Reserve Account Credit Facility Costs as long as any such costs are due and owing under the
Guaranty Agreement. The 2005 Bond Insurer shall be provided at least fifteen (15) days' advance
notice of any refunding of the 2005 Bonds.
Section 6.08. No Recourse. No recourse shall be had for the payment of the principal of,
premium, if any, and interest on the Bonds, or for any claim based thereon or on this resolution,
against any present or former member or officer of the Board or any person executing the Bonds.
Section 6.09. Modification Or Amendment. (A) No material modification or amendment
of this resolution or of any resolution amendatory hereof or supplemental hereto, adverse to the
interests of the Registered Owners, may be made without the consent in writing of the Registered
Owners of fifty-one percent (51 %) or more in principal amount of the Bonds then Outstanding.
(B) The County, from time to time and at any time and without the consent or
concurrence of any Registered Owners of any Bonds, may adopt a resolution amendatory hereof or
supplemental hereto, if the provisions of such supplemental resolution shall not adversely affect the
rights of the Registered Owners of the Bonds then outstanding, for anyone or more of the
following purposes:
(1) to make any changes or corrections in this resolution which the County shall
have been advised by counsel are required for the purpose of curing or correcting any ambiguity or
defect or inconsistent provision or omission or mistake or manifest error contained herein, or to
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insert in this resolution such provisions clarifying matters or questions arising hereunder as are
necessary or desirable;
(2) to add additional covenants and agreements of the County for the purpose
of further securing the payment of the Bonds;
(3) to surrender any right, power or privilege reserved to or conferred upon the
County by the terms hereof;
(4) to confirm by further assurance any lien, pledge or charge created or to be
created by the provisions hereof;
(5) to grant to or confer upon the Registered Owners any additional right,
remedies, powers, authority or security that lawfully may be granted to or conferred upon them;
(6) to assure compliance with the Code;
(7) to provide such changes which, in the opinion of the County, based upon
such certificates and opinions of Independent Certified Public Accountant, Bond Counsel, financial
advisors or other appropriate advisors as the County may deem necessary or appropriate, will not
materially adversely affect the security of the Registered Owners, including, but not limited to, such
changes as may be necessary in order to adjust the terms hereof so as to facilitate the issuance of
other types of obligations, including, but not limited to, bonds, notes, certificates, warrants or other
evidences of indebtedness, which are Subordinated Debt;
(8) to modify any of the provisions of this resolution in any other respects,
provided that such modification shall not be effective (a) with respect to the Bonds outstanding at
the time such amendatory or supplemental resolution is adopted or (b) shall not be effective (i) until
the Bonds Outstanding at the time such amendatory or supplemental resolution is adopted shall
cease to be Outstanding, or (ii) until the Registered Owners thereof consent thereto.
(C) The foregoing provisions of (A) and (B) notwithstanding, (1) no consent of any
Registered Owners shall be required with respect to modification or amendment as to which
modification or amendment the Credit Facility Issuer has provided its prior written consent and (2)
no modification or amendment pursuant to paragraph (A) above shall be effective without the prior
written consent to such modification or amendment of the Credit Facility Issuer, and (3) no
modification or amendment shall (x) permit a change in the maturity of such Bonds, a reduction in
the rate of interest thereon, a reduction in the amount of the principal obligation represented
thereby or a reduction in the redemption premium required to be paid in connection with any
optional redemption thereof; or (y) either affect the unconditional promise of the County to pay the
principal of and interest on the Bonds, as the same shall become due, from the Pledged Revenues,
or reduce the percentage of Registered Owners of Bonds above required to consent to such material
modifications or amendments, in either case (x or y) without the consent of the Registered Owners
of all such Bonds.
A notice and a copy of any amendment or modification shall be sent to each Credit Facility
Issuer and to each Rating Agency at least 20 days prior to the execution or adoption thereof.
Section 6.10. Severability Of Invalid Provisions. If anyone or more of the covenants,
agreements or provisions of this resolution should be held to be contrary to any express provision
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of law or to be contrary to the policy of express law, though not expressly prohibited, or to be
against public policy, or should for any reason whatsoever be held invalid, then such covenants,
agreements, or provisions shall be null and void and shall be deemed separate from the remaining
covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions
of this resolution or of the Bonds.
Section 6.11. Repealing Clause. All resolutions of the Board, or parts thereof, in conflict
with the provisions of this resolution are to the extent of such conflict, hereby superseded and
repealed.
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Section 6.12. Effective Date. This resolution shall take effect immediately upon its
adoption.
Passed and Adopted by the Board of County Commissioners at a regular meeting duly
called and held this 17th day of May 2005.
(SEAL)
ST. LUCIE COUNTY, FLORIDA
By:
Chair, Board of County· Commissioners,
ATTEST:
By:
Clerk of the Circuit Court,
ex officio Clerk of the Board
APPROVED AS TO FORM AND CORRECTNESS:
County Attorney
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EXHIBIT A
FORM OF BOND
No.
$
UNITED STATES OF AMERICA
STATE OF FLORIDA
ST. LUCIE COUNTY
STATE REVENUE SHÞ.J-rr.NG IN.œROVEMENTBOND
SERIES 2005
[FORM OF FIRST PARAGRAPH OF CURRENT INTEREST PAYING BOND]
RA TE OF INTEREST
MA TURITY D/\. TE
D..'\TE OF ISSUE
CUSIP
%
1,
REGISTERED OWNER:
Cede & Co.
PRINCIPAL AMOUNT:
KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for
value received, hereby promises to pay to the Registered Owner designated above, or registered
assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above,
the Principal Amount shown above, upon presentation and surrender hereof at the corporate trust
office of The Bank of New York Trust Company, N.A., Jacksonville, Florida, as Bond Registrar and
Paying Agent, and to pay solely from such funds, interest thereon from the date of this Bond or
from the most recent Interest Payment Date to which interest has been paid, whichever is
applicable, at the rate per annum set forth above such interest to the maturity or prior redemption
hereof being payable on , and semiannually thereafter on and
of each year by check or draft mailed to the Registered Owner at his address as it appears, at 5:00
P.M. Eastern Time on the fifteenth day of the month preceding the applicable interest payment
date, on the registration books of the County kept by the Bond Registrar; provided, that for any
Registered Owner of One Million Dollars ($1,000,000) or more in principal amount of Bonds, such
payment shall, at the written request of such Registered Owner be by wire transfer or other
medium acceptable to the County and to such Registered Owner. The principal of, premium, if
any, and interest on this Bond are payable in lawful money of the United States of America.
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[FORM OF FIRST PARAGRAPH OF COMPOUNDING INTEREST BOND]
APPROXIM.^~ TE
YIELD
M.^~ TURITY
~
DATE OF
~
PRINCIPAL
AMOUNT AT
ISSUANCE PER
$5,000 MATURITY
AMOUNT
$
CUSIP
%
1,
REGISTERED OWNER:
MATURITY AMOUNT:
KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for
value received, hereby promises to pay to the Registered Owner designated above, or registered
assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above,
the Maturity Amount shown above, upon presentation and surrender hereof at the corporate trust
office of The Bank of New York Trust Company, N. A., Jacksonville, Florida, as Bond Registrar and
Paying Agent; provided, that for any Registered Owner of One Million Dollars ($1,000,000) or more
in principal amount of Bonds, such payment shall, at the written request of such Registered Owner,
be by wire transfer or other medium acceptable to the County and to such Registered Owner. The
Maturity Amount and premium, if any, of this Bond are payable in lawful money of the United
States of America.
[FORM OF REMAINING PARAGRAPHS FOR ALL BONDS]
This Bond is payable from and secured solely by a lien upon and pledge of (i) the Pledged
Revenue Sharing Trust Fund Moneys when and as received by the County pursuant to Chapter
218, Part II, Florida Statutes, as amended., (ii) moneys on deposit in certain funds and accounts
established pursuant to the Bond Resolution (hereinafter defined), and (iii) certain Investment
Earnings (collectively, the "Pledged Revenues"), all as defined and provided in Resolution No. 05-
118, adopted by the Board on March 22, 2005, as supplemented by Resolution No. 05-222, adopted
on May 17, 2005, as amended and supplemented from time to time (collectively, the "Bond
Resolution") hereinafter referred to. This Bond does not constitute a general obligation or
indebtedness of the County, and it is expressly agreed by the Registered Owner of this Bond that
such Registered Owner shall never have the right to compel the exercise of the ad valorem taxing
power of the County, or the taxation of any property of or in the County, for the payment of the
principal of and interest on this Bond or for the making of any payments provided for in said Bond
Resolution.
It is further agreed between the County and the Registered Owner of this Bond, that this
Bond and the obligation evidenced hereby shall not constitute a lien upon the 2005 Project or any
part thereof, or on any other property of or in the County, but shall constitute a lien only on the
Pledged Revenues, in the manner provided in the Bond Resolution.
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This Bond is one of an authorized issue of Bonds, originally issued in the aggregate
principal amount of $ , of like date, tenor and effect, except as to number, interest rate,
and date of maturity, issued to finance (a) the acquisition and construction of certain capital
improvements within the County, (b) the funding of a Reserve Account [through the purchase of a
Surety Bond,] and (c) payment of the costs of issuance of the 2005 Bonds, all under the authority of
and in full compliance with Chapters 125, Part I, and 218, Part II, Florida Statutes, Ordinance No.
87-77 of the County, as amended, and other applicable provisions of law, and the Bond Resolution,
and is subject to all the terms and conditions of the Bond Resolution. Capitalized terms used herein
shall have the meaning specified in the Bond Resolution.
The County has entered into certain covenants with the Registered Owners of the Bonds of
this issue for the terms of which reference is made to the Bond Resolution. In particular, the
County has reserved the right to issue additional obligations payable from and secured by a lien
upon and pledge of the Pledged Revenues on a parity with the Bonds of this issue and series, upon
compliance with certain conditions set forth in the Bond Resolution. The County has also reserved
the right to defease the lien of the Bonds of this issue upon the Pledged Revenues upon making
provision for payment of the Bonds as provided in the Bond Resolution.
[Insert Redemption Provisions]
Notice of such redemption shall be given in the manner provided in the Bond Resolution.
This Bond is and has all the qualities and incidents of a negotiable instrument under the
Uniform Commercial Code-Investment Securities Laws of the State of Florida, and the Registered
Owner and each successive Registered Owner of this Bond, shall be conclusively deemed by his
acceptance hereof to have agreed that this Bond shall be and have all the qualities and incidents of
negotiable instruments under the laws of the State of Florida.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen and to be performed precedent to and in the issuance of this Bond, exist, have happened
and have been performed in regular and due form and time as required by the laws and
Constitution of the State of Florida applicable thereto, and that the issuance of this Bond, and of the
issue of Bonds of which this Bond is one, does not violate any constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar. .
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IN WITNESS WHEREOF, St. Lucie County, Florida, has issued this Bond and has caused
the same to be executed by the Chairman or Vice Chairman of the County, either manually or with
his facsimile signature, and the corporate seal of the Board, or a facsimile thereof to be affixed
hereto or imprinted or reproduced hereon, and the foregoing attested by the manual or facsimile
signature of the Clerk of the Circuit Court, ex officio Clerk of the Board, all as of the Date of Issue
above.
(SEAL)
ATTEST:
By:
Clerk of the Circuit Court, ex officio
Clerk of the Board of County Commissioners
ST. LUCIE COUNTY, FLORIDA
By:
Chair, Board of County
Commissioners
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue described in the within-mentioned Bond
Resolution.
Date of Authentication:
A-4
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THE BANK OF NEW YORK TRUST
COMPANY, N.A., as Bond Registrar
By
Authorized Signature
"
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STATEMENT OF INSURANCE
A-5
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The following abbreviations, when used in the inscription on the face of the within bond, shall
be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM -
TEN ENT -
JT TEN -
as tenants in common
as tenants by the entireties
as joint tenants with right
of survivorship and not of
tenants in common
UNIF GIF MIN ACT -
(Cust.)
Custodian for
(Minor)
Additional abbreviations may also be used although not listed above.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers to
(Please insert Social Security or other Identifying Number of Assignee)
the within Bond and does hereby irrevocably constitute and appoint the Bond Trustee as his
agent to transfer the Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature guaranteed:
NOTICE: The signature to this assignment
must correspond with the name of the
Registered Owner as it appears upon the face
of the within note in every particular, without
alteration or enlargement or change whatever.
NOTICE: Signature must be guaranteed by in
institution which is a participant in the
Securities Transfer Agent Medallion Program
(STAMP) or similar program.
(Authorized Officer)
A-6
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EXHIBIT B
CONDITIONS OF AWARD
The conditions to exercise by the County Administrator of the authority to execute the Purchase
Contract are as follows:
(A) The Purchase Contract shall be executed on or before July I, 2005.
(B) The Purchase Contract shall be executed by and on behalf of the County by the
County Administrator in substantially the form approved by the County Administrator upon the
advice of Bond Counsel and the County Attorney, the execution of the Purchase Contract for and
on behalf of the County by the County Administrator being conclusive evidence of the approval of
any such changes, insertions, omissions or filling in of blanks.
(C) The aggregate principal amount (without regard to any original issue discount or
premium) of the 2005 Bonds to be sold shall not exceed $14,000,000.
(D) The purchase price for the 2005 Bonds shall be equal to not less than 99% of the
aggregate principal amount of the 2005 Bonds (without regard to original issue discount or
premium), plus accrued interest from their dated date to their date of delivery.
(E) The true interest cost rate on the 2005 Bonds shall not exceed 5.25% per annum.
(F) The County shall have received a disclosure statement from the Underwriter,
setting forth the information required by Section 218.385, Florida Statutes, as amended.
(G) The Underwriter shall have delivered to the County its good faith deposit in such
form as is acceptable to the County Administrator upon the advice of the Financial Advisor in an
amount equal to not less than one percent (1%) of the par amount of the 2005 Bonds.
(H) The 2005 Bonds shall be subject to redemption at the option of the County no later
than [10 years] from their date, and at a redemption price not greater than [102%] of the principal
amount redeemed.
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EXHIBIT C
COMMITMENTS
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EXHIBIT D
PRELIMINARY OFFICIAL STATEMENT
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EXHIBIT E
BOND PURCHASE CONTRACT
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EXHIBIT F
BOND REGISTRAR ANDP A YING AGENT AGREEMENT
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EXHIBIT G
DESCRIPTION OF 2005 PROJECT
[TO BE COMPLETED]
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EXHIBIT H
BOND INSURER COVENANTS
Part I. Payment Procedure Under the 2005 Policy
As long as the 2005 Policy shall be in full force and effect, the County and any Paying Agent agree to comply
with the following provisions:
(a) At least one (1) Business Day prior to all Interest Payment Dates the County will determine
whether there will be sufficient funds in the Funds and Accounts to pay the principal of or interest on
the 2005 Bonds on such Interest Payment Date. If the County determines that there will be
insufficient funds in such Funds or Accounts, the County shall so notify the 2005 Bond Insurer. Such
notice shall specify the amount of the anticipated deficiency, the 2005 Bonds to which such
deficiency is applicable and whether such 2005 Bonds will be deficient as to principal or interest, or
both. If the County has not so notified the 2005 Bond Insurer at least one (1) business day prior to an
Interest Payment Date, the 2005 Bond Insurer will make payments of principal or interest due on the
2005 Bonds on or before the first (1st) Business Day next following the date on which the 2005 Bond
Insurer shall have received notice of nonpayment from the County.
(b) the County shall, after giving notice to the 2005 Bond Insurer as provided in (a) above, make
available to the 2005 Bond Insurer and, at the 2005 Bond Insurer's direction, to The Bank of New
York, in New York, New York, as insurance trustee for the 2005 Bond Insurer or any successor
insurance trustee (the "Insurance Trustee"), the registration books of the County maintained by the
Paying Agent and all records relating to the Funds and Accounts maintained under this resolution.
(c) the County will cause the Paying Agent to provide the 2005 Bond Insurer and the Insurance
Trustee with a list of registered owners of 2005 Bonds entitled to receive principal or interest
payments from the 2005 Bond Insurer under the tenns of the 2005 Policy, and shall make
arrangements with the Insurance Trustee (i) to mail checks or drafts to the Registered Owners of
2005 Bonds entitled to receive full or partial interest payments from the 2005 Bond Insurer and
(ii) to pay principal upon 2005 Bonds surrendered to the Insurance Trustee by the registered
owners of 2005 Bonds entitled to receive full or partial principal payments from the 2005 Bond
Insurer.
(d) the County shall, at the time it provides notice to the 2005 Bond Insurer pursuant to (a) above,
notify Registered Owners of 2005 Bonds entitled to receive the payment of principal or interest
thereon from the 2005 Bond Insurer (i) as to the fact of such entitlement, (ii) that the 2005 Bond
Insurer will remit to them all or a part of the interest payments next coming due upon proof of the
Registered Owner entitlement to interest payments and delivery to the Insurance Trustee, in fonn
satisfactory to the Insurance Trustee, of an appropriate assignment of the Registered Owner's right to
payment, (iii) that should they be entitled to receive full payment of principal from the 2005 Bond
Insurer, they must surrender their 2005 Bonds (along with an appropriate instrument of assignment in
fonn satisfactory to the Insurance Trustee to permit ownership of such 2005 Bonds to be registered in
the name ofthe 2005 Bond Insurer) for payment to the Insurance Trustee, and (iv) that should they be
entitled to receive partial payment of principal from the 2005 Bond Insurer, they must surrender their
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2005 Bonds for payment thereon first to the Paying Agent who shall note on such 2005 Bonds the
portion of the principal paid by the Paying Agent and then, along with an appropriate instrument of
assignment in form satisfactory to the Insurance Trustee, to the Insurance Trustee, which will then
pay the unpaid portion of principal.
(e) in the event that the County or Paying Agent, if any, has notice that any payment of principal of
or interest on a 2005 Bond which has become Due for Payment and which is made to a Registered
Owner by or on behalf of the County has been deemed a preferential transfer and theretofore
recovered from its Registered Owner pursuant to the United States Bankruptcy Code by a trustee in
bankruptcy in accordance with the final, nonappealable order of a court having competent
jurisdiction, the County shall cause the Paying Agent to, at the time the 2005 Bond Insurer is notified
pursuant to (a) above, notify all Registered Owners that in the event that any Registered Owner's
payment is so recovered, such Registered Owner will be entitled to payment from the 2005 Bond
Insurer to the extent of such recovery if sufficient funds are not otherwise available, and the Paying
Agent shall furnish to the 2005 Bond Insurer its records evidencing the payments of principal of and
interest on the 2005 Bonds which have been made by the Paying Agent and subsequently recovered
from Registered Owners and the dates on which such payments were made.
(t) in addition to those rights granted the 2005 Bond Insurer under this resolution, the 2005 Bond
Insurer shall, to the extent it makes payment of principal of or interest on 2005 Bonds, become
subrogated to the rights of the recipients of such payments in accordance with the terms of the 2005
Policy, and to evidence such subrogation (i) in the case of subrogation as to claims for past due
interest, the Paying Agent shall note the 2005 Bond Insurer's rights as subrogee on the registration
books of the County maintained by the Paying Agent upon receipt from the 2005 Bond Insurer of
proof of the payment of interest thereon to the Registered Owners of the 2005 Bonds, and (ii) in the
case of subrogation as to claims for past due principal, the Paying Agent shall note the 2005 Bond
Insurer's rights as subrogee on the registration books of the County maintained by the Paying Agent
upon surrender of the 2005 Bonds by the Registered Owners thereof together with proof of the
payment of principal thereof
Part II. Authorized Investments
A. With respect to the Series 2005 Bonds, for all purposes under this resolution, including
defeasance, Authorized Investments and Defeasance Obligations shall mean:
(1) Cash (insured at all times by the Federal Deposit Insurance Corporation),
·
(2) Obligations of, or obligations guaranteed as to principal and interest by, the U.S. or any agency
or instrumentality thereof, when such obligations are backed by the full faith and credit of the
U.S. including:
U.S. treasury obligations
All direct or fully guaranteed obligations
Farmers Home Administration
General Services Administration
Guaranteed Title XI financing
Government National Mortgage Association (GNMA)
State and Local Government Series
·
·
·
·
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Any security used for defeasance must provide for the timely payment of principal and interest and
cannot be callable or prepayable prior to maturity (excluding securities that do not have a fixed par
value and/or whose terms do not promise a fixed dollar amount at maturity or call date).
B. With respect to the Series 2005 Bonds, for all purposes other than defeasance investments III
refunding escrow accounts, Authorized Investments shall mean.
(1) obligations of any of the following federal agencies which obligations represent the full
faith and credit of the United States of America, including:
-Export-Import Bank
-Rural Economic Community Development Administration
-U.S. Maritime Administration
-Small Business Administration
-U.S. Department of Housing & Urban Development (PHAs)
-Federal Housing Administration
~Federal Financing Bank
(2) direct obligations of any of the following federal agencies which obligations are not fully
guaranteed by the full faith and credit of the United States of America:
-Senior debt obligations issued by the Federal National Mortgage Association (FNMA) or
Federal Home Loan Mortgage Corporation (FHLMC).
-obligations of the Resolution Funding Corporation (REFCORP)
-Senior debt obligations of the Federal Home Loan Bank System
-Senior debt obligations of other Government Sponsored Agencies approved by Ambac
(3)U.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic
commercial banks which have a rating on their short term certificates of deposit on the date of
purchase of "P-I" by Moody's and "A-I" or "A-1+" by S&P and maturing not more than 360
calendar days after the date of purchase. (Ratings on holding companies are not considered as the
rating ofthe bank);
(4) Commercial paper which is rated at the time of purchase in the single highest classification, "p-
I" by Moody's and "A-1+" by S&P and which matures not more than 270 calendar days after
the date of purchase;
(5)Investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P;
(6)Pre-refunded Municipal obligations defined as follows: any bonds or other obligations of any
state of the United States of America or of any agency, instrumentality or local governmental unit
of any such state which are not callable at the option of the obligor prior to maturity or as to which
irrevocable instructions have been given by the obligor to call on the date specified in the notice;
and
(A) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the
highest rating category of Moody's or S&P or any successors thereto; or
(B) (i) which are fully secured as to principal and interest and redemption premium, if any, by
an escrow consisting only of cash or obligations described in paragraph A(2) above, which
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escrow may be applied only to the payment of such principal of and interest and redemption
premium, if any, on such bonds or other obligations on the maturity date or dates thereof or
the specified redemption date or dates pursuant to such irrevocable instructions, as
appropriate, and (ii) which escrow is sufficient, as verified by a nationally recognized
independent certified public accountant, to pay principal of and interest and redemption
premium, if any, on the bonds or other obligations described in this paragraph on the
maturity date or dates specified in the irrevocable instructions referred to above, as
appropriate; [Pre-refunded Municipal obligations meeting the requirements of
subsection (B) hereof may be used as Permitted Investments for annual appropriation
lease transactions.
(7) Municipal obligations rated "Aaa/ AAA" or general obligations of States with a rating of
"A2/A" or higher by both Moody's and S&P.
(8) Investment Agreements approved in writing by the 2005 Bond Insurer (supported by appropriate
opinions of counsel);
(9) Investments in the Local Government Surplus Funds Trust Fund of the State of Florida, created
and established pursuant to Part IV, Chapter 218, Florida Statutes, administered by the State
Board of Administration
(I 0) other forms of investments (including repurchase agreements) approved in writing by Ambac.
C. The value of the above investments shall be determined as follows:
a) For the purpose of determining the amount in any fund, all Authorized Investments credited to
such fund shall be valued at fair market value. The County shaIl determine the fair market
value based on accepted industry standards and from accepted industry providers. Accepted
industry providers shaIl include but are not limited to pricing services provided by Financial
Times Interactive Data Corporation, Merrill Lynch, Salomon Smith Barney, Bear Steams, or
Lehman Brothers.
b) As to certificates of deposit and bankers' acceptances: the face amount thereof, plus. accrued
interest thereon; and
c) As to any investment not specified above: the value thereof established by prior agreement
among the County and Ambac.
Part III. Payments under the 2005 Surety Bond
A. As long as the 2005 Surety Bond shall be in full force and effect, the County and Paying Agent
agree to comply with the following provisions:
(a) In the event and to the extent that moneys on deposit in the Debt Service Fund, plus all
amounts on deposit in and credited to the Reserve Account in excess of the amount of the
Surety Bond, are insufficient to pay the amount of principal and interest coming due, then
upon the later of: (i) one (I) day after receipt by the General Counsel of the 2005 Bond
Insurer of a demand for payment in the form attached to the 2005 Surety Bond as Attachment
1 (the "Demand for Payment"), duly executed by the Paying Agent certifying that payment
due under the resolution has not been made to the Paying Agent; or (ii) the payment date of
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the 2005 Bonds as specified in the Demand for Payment presented by the Paying Agent to the
General Counsel to the 2005 Bond Insurer, Ambac will make a deposit of funds in an account
with the Paying Agent or its successor, in New York, New York, sufficient for the payment
to the Paying Agent, of amounts which are then due to the Paying Agent under the resolution
(as specified in the Demand for Payment) up to but not in excess of the 2005 Surety Bond
Coverage, as defined in the 2005 Surety Bond; provided, however, that in the event that the
amount on deposit in, or credited to, the Reserve Account in addition to the amount available
under the 2005 Surety Bond, includes amounts available under a letter of credit, insurance
policy, 2005 Surety Bond or other such funding instrument (the "Additional Funding
Instrument"), draws on the 2005 Surety Bond and the Additional Funding Instrument shall be
made on a pro rata basis to fund the insufficiency.
(b) the County or Paying Agent shall, after submitting to the 2005 Bond Insurer the Demand
for Payment as provided in (a) above, make available to the 2005 Bond Insurer all records
relating to the Funds and Accounts maintained under this resolution.
(c) the County or Paying Agent shall, upon receipt of moneys received from the draw on the
2005 Surety Bond, as specified in the Demand for Payment, credit the Reserve Account to the
extent of moneys received pursuant to such Demand.
(d) the Reserve Account shall be replenished in the following priority: (i) principal and
interest on the 2005 Surety Bond shall be paid from first available Pledged Revenues
[principal and interest on the 2005 Surety Bond and on the Ãdditional Funding Instrument
shall be paid from first available Pledged Revenues on a pro rata bàsis]; (ii) after all such
amounts are paid in full, amounts necessary to fund the Reserve Account to the required
level, after taking into account the amounts available under the 2005 Surety Bond and the
Additional Funding Instrument shall be deposited from next available Pledged Revenues.
Part IV. General Covenants and Agreements
With respect to the Series 2005 Bonds, in this resolution (1) all references to the Credit Facility
Issuer shall be deemed to be references to the 2005 Bond Insurer, (2) all references to the Credit
Facility shall be deemed to be references to the 2005 Policy, and all references to the Reserve
Account Credit Facility shall be deemed references to the 2005 Surety Bond.
All notices required to be sent to the 2005 Bond Insurer shall be sent to the following address:
Ambac Assurance COIporation
One State Street Plaza
New York, New York 10004
Attention: Surveillance Department
Except during any period when the 2005 Bond Insurer is in default of its obligations under the
2005 Policy, the 2005 Bond Insurer (1) shall enjoy and have all rights, privileges and benefits
granted to the Credit Facility Issuer under the provisions of this resolution and, in addition (2) shall
have the following rights, privileges and benefits:
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A. The County shall mail a copy of its annual audit report and such additional information as
it shall request to the 2005 Bond Insurer, attention Surveillance Department.
B. The 2005 Bond Insurer shall have the right to direct an accounting of the Pledged Revenues
at the County's expense, and any failure by the County to comply within 30 days of receipt of
written notice of such direction from the 2005 Bond Insurer shall be deemed an event of default
hereunder, provided tþat, if compliance cannot òccur within such period, then such period will be
extended if compliance is begun within such period and diligently pursued, but only if such
extension does not adversely affect the interests of the Registered Owners of the 2005 Bonds.
C. Any reorganization or compromise of creditor's rights with respect to the County must be
acceptable to the 2005 Bond Insurer to the extent that the right of such approval is vested in or
granted to the Registered Owners of the 2005 Bonds.
D. The 2005 Bond Insurer shall be provided with (i) any certificate provided with respect to the
Pledged Revenues, (ii) each Continuing Disclosure Report, and (iii) a full transcript of any
proceedings relating to the execution of any supplemental resolution hereto. Notices to the 2005
Bond Insurer shall be sent to the address specified above.
E. The County will permit the 2005 Bond Insurer to discuss the affairs, finances and accounts
of the County or other information the 2005 Bond Insurer may reasonably request regarding the
Pledged Revenues with appropriate County officials.
F. The County shall promptly notify the 2005 Bond Insurer of (i) any failure by the County to
provide notices or certificates required under this resolution, (ii) the occurrence of any event of
default hereunder or (ill) any deficiency in the amounts required to be on deposit in the Debt
Service Fund.
G. The Paying Agent for the 2005 Bonds may be removed by the 2005 Bond Insurer at any time
for any breach of trust; further provided, that the 2005 Bond Insurer shall be notified of any
resignation, removal or replacement of the Paying Agent for the 2005 Bonds; further, provided that
the 2005 Bond Insurer shall have the right to approve any Paying Agent for the 2005 Bonds. The
consent of the 2005 Bond Insurer shall be required for the removal and/or replacement of the
Paying Agent.
H. Any provision of this resolution expressly recognizing or granting rights in or to the 2005
Bond Insurer may not be amended in any manner which affects the 2005 Bond Insurer without the
prior written consent of the 2005 Bond Insurer; the 2005 Bond Insurer shall be entitled to charge the
County a reasonable fee in connection with the giving of any consent to, or otherwise in cOl1Ilection
with, any amendment to this resolution so long as the 2005 Policy is in effect and the 2005 Bond
Insurer is not in default thereunder.
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ITEM No.l
AGENDA REQUEST
DATE: May 17, 2005
REGULAR [XX]
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Robert O. Freeman, Esq.
Bond Counsel
SUBJECT: Resolution No. 05-221 - Delegating Award of County's Sales Tax Refunding and
Improvement Revenue Bonds, Series 2005
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION:
Staff recommends that the Board approve Resolution No. 05-221
drafted.
COMMISSION ACTION:
CONCUR~
~9las Anderson
County Administrator
[X APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
County Attorney:
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Review and Approvals
Management & Budget
Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for Copy only, if applicable)
Eff. 5/96
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MíJler
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Olive PA.
BRYANT MILLER & OLIVE P.A
MEMORANDUM
To: Chair and Members of the Board of County Commissioners
Copy: Douglas M. Anderson, County Administrator
Daniel S. McIntyre, Esquire, County Attorney
Marie Gouin, Management and Budget Director
Christann Hartley, Finance Director
From: Robert Freeman
Date: May 11, 2005
Re: Resolution Delegating Award of County's Sales Tax Refunding and Improvement
Revenue Bonds, Series 2005
The Board previously adopted Resolution No. 05-119 on March 22, 2005, authorizing the issuance
of not exceeding $13,000,000 Sales Tax Refunding and Improvement Revenue Bonds, Series 2005
(the "Bonds"), (a) to refund the County's outstanding Improvement Revenue Note, Series 2004
(Land Acquisition), (b) to finance the acquisition of certain parcels of lands within the County to be
used for County purposes (the "Harbor Branch Property"), (c) to pay certain expenses related to the
issuance and sale of the Bonds, and (d) for all purposes incidental thereto.
The attached resolution provides additional details of the Bonds, provides for the sale of the Bonds
at negotiated sale, and delegates to the County Administrator the authority to sign a bond purchase
agreement with Bear Stearns & Co. Inc., as underwriter, provided that the terms and conditions
set forth in Exhibit A to the resolution have been satisfied.
The resolution also approves the purchase from Ambac Assurance Corporation of a policy insuring
the payment of the principal and interest on the Bonds and a debt service reserve account surety
bond; establishes the book-entry system provisions for the Bonds; appoints the registrar and paying
agent for the Bonds; provides for the application of the proceeds of the Bonds; and authorizes the
taking of all other necessary action in order to deliver the Bonds to the underwriter.
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RESOLUTION NO. 05-221
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 05-
119, ADOPTED ON MARCH 22, 2005, AND RESOLUTION NO. 03-163,
ADOPTED JULY 15, 2003; PROVIDING FOR THE 2005 REFUNDING OF
CETAIN OUTSTANDING OBLIGATIONS OF THE COUNTY;
AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY;
APPROVING THE TERMS OF SALE OF THE SALES TAX 2005
REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES 2005;
PROVIDING SECURITY FOR THE PAYMENT OF SAID BONDS;
MAKING CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; APPROVING THE DETAILS OF THE
SERIES 2005 BONDS; ACCEPTING THE COMMITMENT OF THE 2005
BOND INSURER FOR AND MAKING CERTAIN COVENANTS IN
CONNECTION WITH A MUNICIPAL BOND INSURANCE 2005 POLICY
AND A DEBT SERVICE RESERVE FUND 2005 SURETY BOND;
DELEGATING AUTHORITY TO AWARD THE SERIES 2005 BONDS AND
TO EXECUTE A 2005 BOND PURCHASE CONTRACT; APPOINTING A
BOND REGISTRAR AND PAYING AGENT; APPROVING THE FORMS
OF VARIOUS DOCUMENTS; AUTHORIZING THE OFFICERS AND
OFFICIALS OF THE COUNTY TO EXECUTE AND DELIVER THE SERIES
2005 BONDS AND SUCH AGREEMENTS AND CERTIFICATES AS ARE
NECESSARY AND DESIRABLE IN CONNECTION WITH THE SALE,
ISSUANCE AND DELIVERY OF THE SERIES 2005 BONDS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA:
ARTICLE I
STATUTORY AUTHORITY, DEFINITIONS AND FINDINGS
Section 1.01. Authority for this Resolution. This Resolution is adopted pursuant
to the provisions of Chapter 125, Florida Statutes, Ordinance No. 87-77 of the County, and
other applicable provisions of law, and Resolution No. 05-119, adopted by the Board of
County Commissioners (the "Board") of the County on March 22, 2005 (the "Initial
Resolution"), and Resolution No. 03-163 of the Board, adopted on July 15, 2003 (the
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"Original Resolution" and together with this resolution and the Initial Resolution, the
"Bond Resolution").
Section 1.02. Definitions. Unless the context otherwise requires, the terms defined
in this resolution shall have the meanings specified in this Section. Terms not otherwise
defined in this Section shall have the meanings specified in the Original Resolution or the
Initial Resolution. Words importing singular number shall include the plural number in
each case and vice versa, and words importing persons shall include firms and
corporations.
"Bond Counsel" means Bryant Miller & Olive P.A. or such other counsel
experienced in matters relating to the validity of, and the state and federal income tax
treatment of interest on, obligations of states and their political subdivisions, as selected by
the County.
"Book-Entry Form" or "Book-Entry Consolidated System" means a form or system,
as applicable, under which (i) Series 2005 Bonds are issued to a Depository or to its
nominee, as Registered Owner, (ii) Series 2005 Bonds are held by and "immobilized" in
the custody of such Depository, and (iii) records are maintained by the Depository and/or
other persons to identify and record the transfer of beneficial interests in the Series 2005
Bonds.
"Call Date" with respect to the 2004 Note means date of delivery of the Series 2005
Bonds.
"Cede" m~ans Cede & Co., as nominee for DTC.
"DTC" means The Depository Trust Company, New York, New York depository.
"Depository" means any securities depository that is operating and maintaining,
with its participants or otherwise, a Book-Entry Consolidated System to record ownership
of beneficial interests in Series 2005 Bonds or debt service on Series 2005 Bonds and to
effect transfers of Series 2005 Bonds in Book-Entry Form, including, but not limited to,
DTC.
"Initial Resolution" means Ordinance No.05-119, adopted on March 22, 2005.
"Letter of Representations" means the blanket letter agreement between the
County and DTC, dated March 2, 1999.
2
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"Original Resolution" means Resolution No. 03-163, duly adopted by the Board on
July 15, 2003, as amended and supplemented from time to time.
"Outstanding Parity Bonds" means the County's outstanding Sales Tax 2003
Refunding and Improvement Revenue Bonds, Series 2003, dated July 15, 2003.
"Owner" or "Registered Owner" means the person in whose name ownership of
any Series 2005 Bond is shown on the registration books maintained by the Registrar.
"Paying Agent" and "Registrar" means The Bank of New Yark Trust Company, N.
A, Jacksonville, Florida, or its successor.
"Rule" means Rule 15c2-12 promulgated by the Securities Exchange Commission
of the United Sates of America.
"Series 2005 Bonds" means the County's Sales Tax 2005 Refunding and
Improvement Revenue Bonds, Series 2005, originally issued pursuant to this resolution
and the Bond Resolution.
"2004 Note" means the Improvement Revenue Note, Series 2004 (Land
Acquisition), dated May 5, 2004, and maturing July I, 2005.
"2004 Note Resolution" means, collectively, Resolution No. 04-134, adopted by the
Board on April 13, 2004, as amended by Resolution No. 05-040, adopted on January 18,
2005, and Resolution No. 05-210, adopted on May 17, 2005.
"2004 Project" means the property acquired with the proceeds of the 2004 Note.
"2005 Bond Insurer" means Ambac Assurance Corporation, a Wisconsin domiciled
stock insurance company, and its successors and assigns.
"2005 Bond Purchase Contract" means the 2005 Bond Purchase Contract in
substantially the form of Exhibit D hereto, with such changes thereto as shall be acceptable
to the County Administrator, upon the advice of the County Attorney and Bond Counsel,
the acceptance of such changes being conclusively evidenced by the execution thereof.
"2005 Bond Registrar and Paying Agent Agreement" means the Registrar and
Paying Agent Agreement between the County and the Paying Agent and Registrar,
substantially in the form attached hereto as Exhibit E, with such changes as shall be
3
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acceptable to the Chairman, upon the advice of the County Attorney and Bond Counsel,
the acceptance of such changes being conclusively evidenced by the execution thereof.
"2005 Commitments" means the 2005 Commitments of the Series 2005 Insurer
dated April 19, 2005, to issue the 2005 Policy and the 2005 Surety Bond, the covenants of
which are included as Exhibit C hereto.
"2005 Guaranty Agreement" means the Financial Guaranty Agreement between
the County and the 2005 Bond Insurer, in substantially the form included in Exhibit F
hereto.
"2005 Official Statement" means the official statement for the Series 2005 Bonds in
substantially the form attached hereto as Exhibit H (exhibits omitted), with such
completions thereof as are permitted pursuant to the Rule.
"2005 Policy" means the Financial Guaranty Insurance Policy issued by the 2005
Bond Insurer insuring the payment when due of the principal of and interest on the Series
2005 Bonds as provided therein.
"2005 Project" means the acquisition of property within the County as more
particularly described on Exhibit G hereto.
"2005 Project Costs" means, but shall not necessarily be limited to: the cost of the
acquisition of the 2005 Project; the acquisition of any lands or interests therein or any other
properties deemed necessary or convenient therefor; engineering, accounting, and legal
fees and expenses; expenses for plans, specifications and surveys; expenses for estimates
of costs and of revenues; the fees of fiscal agents, financial advisors and consultants;
administrative expenses; the capitalization of interest on the Series 2005 Bonds authorized
hereby for a reasonable period of time after the date of issuance and delivery thereof; the
establishment of reasonable reserves for the payment of debt service on the Series 2005
Bonds; discount upon the sale of the Series 2005 Bonds; the expenses and costs of issuance
of the Series 2005 Bonds; the cost of purchasing any Credit Facility with respect to the
Series 2005 Bonds; such other expenses as may be necessary or incidental to the financing
authorized by this resolution, to the 2005 Project, and to the placing of the same in
operation; and reimbursement to the County for any sums expended for the foregoing
purposes..
"2005 Refunding" means the refinancing of the outstanding 2004 Note through the
issuance of the Series 2005 Bonds authorized by this resolution and the payment of a
4
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portion of the proceeds thereof to SunTrust Bank, as holder of the 2004 Note, as payment
in full of the principal and interest due thereon to the Call Date.
"2005 Refunding Costs" means but shall not necessarily be limited to: the cost of
payment of the principal of, premium, if specified, and interest on the 2004 Note; expenses
for estimates of costs; the fees of fiscal agents, financial advisors and consultants;
administrative expenses; the establishment of reasonable reserves for the payment of debt
service on the Series 2005 Bonds; discount upon the sale of the Series 2005 Bonds; the
expenses and costs of issuance of the Series 2005 Bonds; the cost of purchasing the 2005
Policy; such other expenses as may be necessary or incidental to the financing authorized
by this resolution, to the 2005 Refunding, and to the accomplishing thereof, and
reimbursement to the County for any sums expended for the foregoing purposes to the
extent permitted under the applicable provisions of the Code.
"2005 Surety Bond" means the 2005 Surety Bond issued by the 2005 Bond Insurer.
"2005 Underwriter" means Bear Steams & Co. Inc., as the initial purchaser of the
Series 2005 Bonds.
Section 1.03. Findings. It is hereby ascertained, determined and declared that:
A. It is necessary and desirable and in the best interests of the health, safety and
welfare of the County and its inhabitants that the County undertake the 2005 Project and
the 2005 Refunding.
B. The County is without adequate, currently available funds to pay for the
2005 Project and the 2005 Refunding and it is necessary and desirable and in the best
interest of the County that it borrow the moneys necessary to accomplish the financing of
the 2005 Project and the 2005 Refunding. The County is authorized pursuant to the
provisions of the Act, to undertake the 2005 Project and the 2005 Refunding and to issue
the Series 2005 Bonds to provide the necessary moneys to pay the costs thereof.
C. The Pledged Revenues are not pledged or encumbered to pay any debts or
obligations of the County other than the Outstanding Parity Bonds, and the 2004 Note; the
2004 Note will be paid and discharged in full at the time of issuance of the series 2005
Bonds.
D. The County is authorized pursuant to the provisions of the Act and Section
5.01(D) of the Original Resolution to pledge the Pledged Revenues to secure the payment
of the Series 2005 Bonds.
5
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E. After the issuance of the Series 2005 Bonds, (1) the Series 2005 Bonds and the
Outstanding Parity Bonds will be on a parity and rank equally as to lien on and source
and security for payment from the Pledged Revenues and (2) all of the covenants and
provisions of the Original Resolution will apply fully to the Series 2005 Bonds to the same
extent as to the Outstanding Parity Bonds.
F. The Pledged Revenues are estimated to be sufficient to pay as the same
become due and payable the Debt Service Requirement on the Outstanding Parity Bonds
and the Series 2005 Bonds, and to make all other payments required to be made by the
provisions of the Bond Resolution.
G. Pursuant to the directions and delegations of authority contained in the
Initial Resolution, the County Administrator has accepted the 2005 Commitments and
that action is hereby ratified and confirmed. It is in the best interests of the County to
purchase the 2005 Policy and the 2005 Surety Bond in order to reduce the present value of
the Debt Service Requirement with respect to the Series 2005 Bonds.
H. Based upon the 2005 Commitments, the County expects to receive from each
Rating Agency, at or prior to the issuance of the Series 2005 Bonds, bond ratings in the
highest classification.
1. It is necessary, desirable, and in the best interest of the health, safety, and
welfare of the County and its inhabitants that the Series 2005 Bonds be offered and sold
at negotiated sale in order that the County may achieve optimum timing of the sale of
the Series 2005 Bonds and maximum benefit from pre-marketing of the Series 2005
Bonds and thereby minimize the likelihood of paying a higher interest rate on the Series
2005 Bonds which could result from a sale of the Series 2005 Bonds through
ad vertisement.
J. It is necessary and desirable to delegate to the County Administrator the
authority to execute the 2005 Bond Purchase Contract and to fix the date, maturities,
mandatory amortization installments, interest rates, redemption provisions and certain
other details of the Series 2005 Bonds, subject to certain restrictions hereinafter set forth.
K. It is necessary and desirable in connection with the issuance and delivery
of the Series 2005 Bonds to the 2005 Underwriter (1) to authorize the execution and
delivery to the 2005 Underwriter, upon payment therefore in accordance with the
provisions of the 2005 Bond Purchase Contract, of the Series 2005 Bonds in definitive
form; (2) to authorize the execution and delivery on behalf of the County of the 2005
6
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Bond Registrar and Paying Agent Agreement; (3) to authorize the execution and
delivery of a tax compliance certificate, a continuing disclosure undertaking, and such
other closing agreements, documents, and certificates as are usual and customary in
connection with the delivery of Bonds, all upon the recommendation of the County
Administrator, with -the advice of the County Attorney, Bond and Disclosure Counsel;
and (4) to authorize the taking of such further action by the Chairman, County
Administrator, and Finance Director, and others employed by or acting on behalf of the
County as is necessary to effect the issuance and delivery of the Series 2005 Bonds and
the application of the proceeds thereof to the payment of the 2005 Project Costs and
2005 Refunding Costs and the completion of the 2005 Project and the 2005 Refunding.
Section 1.04. Resolution and Original Resolution to Constitute Contract. In
consideration of the acceptance of the Series 2005 Bonds authorized to be issued
hereunder by those who shall be the Owners of the same from time to time, the Bond
Resolution shall be deemed to be and shall constitute a contract between the County and
such Owners. The covenants and agreements set forth in the Bond Resolution to be
performed by the County shall (except as otherwise provided in the Bond Resolution) be
for the equal benefit, protection and security of the Owners of any and all Bonds, all of
which shall be of equal rank and without preference, priority or distinction of any of the
Bonds over any other thereof, except as expressly provided in the Bond Resolution. In
consideration of the issuance of the 2005 Policy and 2005 Surety Bond, the Bond
Resolution shall further be deemed to be and shall constitute a contract between the
County and the 2005 Bond Insurer. The 2005 Bond Insurer is expressly recognized as and
shall be a third-party beneficiary of the provisions of the Bond Resolution entitled to
enforce any right, remedy or claim conferred, given or granted thereunder.
7
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ARTICLE II
AUTHORIZA TION OF 2005 PROJECT AND 2005 REFUNDING; SALE AND
ISSUANCE OF SERIES 2005 BONDS; DESCRIPTION, DETAILS AND FORM OF
SERIES 2005 BONDS
Section 2.01. Authorization of Series 2005 Bonds, 2005 Project and 2005
Refunding. The Board hereby specifically authorizes the 2005 Project and the 2005
Refunding. The Board further authorizes issuance of the Sales Tax 2005 Refunding and
Improvement Revenue Bonds, Series 2005, in a principal amount (exclusive of any original
issue discount or original issue premium) not to exceed $13,000,000.
Section 2.02. Sale of Series 2005 Bonds. Subject and pursuant to the provisions of
the Bond Resolution, special, limited obligations of the County, to be known as "Sales Tax
2005 Refunding and Improvement Revenue Bonds, Series 2005," are hereby awarded and
sold to the 2005 Underwriter pursuant to compliance with the terms and conditions
specified in Exhibit A hereto. The Series 2005 Bonds shall be in an aggregate principal
amount on original issuance, shall mature in the years and amounts, shall bear interest
payable semiannually on the dates, be subject to redemption prior to maturity, and shall
have the other characteristics, all as are set forth in the 2005 Bond Purchase Contract
hereto.
Section 2.03. Description of Series 2005 Bonds. The Series 2005 Bonds shall be in
substantially the form of Exhibit A hereto, shall be numbered; shall be dated; shall bear
interest at the rates, not exceeding the maximum permitted rate, payable on the dates;
shall mature as to principal on the dates and in the amounts; shall be subject to
redemption prior to maturity; and shall have such other characteristics, not inconsistent
with the requirements of the Bond Resolution, as shall be specified in the 2005 Bond
Purchase Contract.
Section 2.04. Book-Entry System. The Series 2005 Bonds shall be issued in
book-entry only form in the name of Cede & Co. The County Administrator is authorized
to make provision and perform such further acts as are necessary to provide for the
issuance of the Series 2005 Bonds in book-entry only form.
All payments for the principal of, and interest and redemption premiums, if any,
on, the Series 2005 Bonds shall be paid by check, draft or wire transfer by the Paying
Agent to Cede, without prior presentation or surrender of any Series 2005 Bonds (except
8
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"wIJI
for final payment thereof); and such payment to Cede shall constitute payment thereof
pursuant to, and for all purposes, of this resolution.
To the extent permitted by the provisions of the Letter of Representations, the
County shall issue Series 2005 Bonds directly to beneficial owners of the Series 2005 Bonds
other than DTC, or its nominee, in the event that:
(a) DTC determines not to continue to act as securities depository for the
Series 2005 Bonds; or
(b) the County has advised DTC of its determination that DTC is incapable
of discharging its duties; or
(c) the County determines that it is in the best interest of the County not to
continue the book-entry system or that the interests of the beneficial owners of the Series
2005 Bonds might be adversely affected if the book-entry system is continued.
Upon occurrence of the events described in (a) or (b) above, the County shall
attempt to locate another qualified securities depository, and shall notify beneficial owners
of the Series 2005 Bonds through DTC if successful. If the County fails to locate another
qualified securities depository to replace DTC, the County shall cause the Bond Registrar
to authenticate and deliver replacement Series 2005 Bonds in certificated form to the
beneficial owners of the Series 2005 Bonds.
In the event the County makes the determination noted in (c) above (the County
undertakes no obligation to make any investigation to determine the occurrence of any
events that would permit the County to make any such determination), or if the County
fails to locate another qualified securities depository to replace DTC upon occurrence of
the events described in (a) or (b) above, the County shall mail a notice to DTC for
distribution to the beneficial owners of the Series 2005 Bonds stating that DTC will no
longer serve as securities depository, the procedures for obtaining such Series 2005 Bonds
in certificated form, and the provisions which govern the Series 2005 Bonds including, but
not limited to, provisions regarding authorized denominations, provisions for transfer and
exchange, provisions for principal and interest payments, and provisions as to other
related matters.
9
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ARTICLE III
APPLICATION OF PROCEEDS
Section 3.01. Application of Proceeds of the Series 2005 Bonds. The proceeds,
including accrued interest and premium, if any, received from the sale of any or all of the
Series 2005 Bonds shall be applied by the County in the following manner and order of
priority, simultaneously with their delivery to the 2005 Underwriter as follows:
A. All accrued interest received on delivery of the Series 2005 Bonds shall be
deposited into the Sinking Fund.
B. The amount necessary to pay the principal of and interest on the 2004 Note
on the Call Date in accordance with the terms thereof shall be paid to SunTrust Bank, as
owner of the 2004 Note.
C. An amount equal, together with the other amounts to be deposited therein,
to the Reserve Account Requirement for the Series 2005 Bonds shall be deposited into the
Reserve Account for the benefit of the Series 2005 Bonds or, alternatively, the Surety Bond
premium shall be paid to the 2005 Bond Insurer.
D. To the extent not paid or reimbursed therefor by 2005 Underwriter, the County
shall pay all costs and expenses in connection with the preparation, issuance and sale of
the Series 2005 Bonds, including the premium for the 2005 Policy.
E. The remaining amount shall be deposited into the Series 2005 Project
Account hereby created and established in the Project Fund and shall be applied in
accordance with the provisions of Article IV of the Original Resolution.
10
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....,;
ARTICLE IV
APPLICATION OF PROVISIONS OF ORIGINAL RESOLUTION
Section 4.01. Application of Provisions of Original Resolution. The Series 2005
Bonds shall for all purposes be considered to be Additional Bonds issued under the
authority of the Original Resolution and, except to the extent provided otherwise herein or
in the Original Resolution, shall be entitled to all the protection and security provided
therein for the Outstanding Parity Bonds and be in all respects entitled to the same
security, rights and privileges enjoyed by the Outstanding Parity Bonds.
The Series 2005 Bonds shall not be or constitute general obligations or an
indebtedness of the County as "bonds" within the meaning of any constitutional,
statutory, or charter provision or limitation, but shall be secured solely by a lien upon and
pledge of the Pledged Revenues as provided in the Original Resolution and this
resolution. The lien upon the Pledged Revenues for the benefit of the Series 2005 Bonds
shall be on a parity with the lien thereon and a pledge thereof in favor of the Owners of
the Outstanding Parity Bonds and any Additional Parity Bonds hereafter issued. No
Owner of any of the Series 2005 Bonds shall ever have the right to compel the exercise of
the ad valorem taxing power of the County or taxation in any form of any property of or
in the County for payment of the Series 2005 Bonds or for the making of any payments
under the Bond Resolution, and the Series 2005 Bonds shall not constitute a lien upon the
2005 Project, the 2005 Project or upon any other property of or in the County other than
the Pledged Revenues in the manner provided in the Bond Resolution.
The covenants and pledges contained in the Original Resolution shall be applicable
to the Series 2005 Bonds herein authorized in like manner as applicable to the Outstanding
Parity Bonds, and the Series 2005 Bonds herein authorized shall be in all respects entitled
to the same security, rights and privileges enjoyed by such Outstanding Parity Bonds
under the Original Resolution.
11
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ARTICLE V
MISCELLANEOUS PROVISIONS
Section 5.01 Sale of Series 2005 Bonds; Delegation of Authority to Execute
Purchase Contract; Conditions to exercise of Authority. Based on the nature of the
financing and the prevailing market conditions, the Board, in compliance with Section
218.385(1)(a), Florida Statutes, hereby finds, determines and declares that it is in the best
interest of the County to sell the Series 2005 Bonds at negotiated sale to the 2005
Underwriter, pursuant to the provisions of the 2005 Bond Purchase Contract.
The County Administrator is hereby, subject to the conditions set forth on Exhibit
A hereto, authorized and empowered to execute the 2005 Bond Purchase Contract on
behalf of the County and to deliver an executed copy thereof to the 2005 Underwriter.
This delegation of authority is expressly made subject to the conditions set forth on Exhibit
A hereto, the failure of any of which shall render the 2005 Bond Purchase Contract
voidable at the option of the County.
Section 5.02 Approval of Official Statement; Further Action to Deliver Series
2005 Bonds Authorized. The provisions of the Official Statement are hereby approved and
the execution of the Official Statement on behalf of the County by the proper officers and
the delivery thereof to, and distribution thereof by, the 2005 Underwriter in connection
with the offering, sale and delivery of the Series 2005 Bonds is further approved.
The execution and delivery to the 2005 Underwriter, upon payment therefor in
accordance with the provisions of the 2005 Bond Purchase Contract, of the Series 2005
Bonds in definitive form is hereby approved. The execution and delivery on behalf of
the County of (1) the 2005 Bond Registrar and Paying Agent Agreement, (2) a tax
compliance certificate, (3) a continuing disclosure undertaking, and (4) such other
closing agreements, documents, and certificates as are usual and customary in
connection with the delivery of bonds, all upon the recommendation of the County
Administrator, with the advice of the County Attorney and Bond Counsel, are hereby
approved. The taking of such further action by the Chairman, County Administrator,
Clerk of the Board, County Attorney, Finance Director, and others employed by or
acting on behalf of the County, as is necessary to effect the sale, issuance and delivery of
the Series 2005 Bonds and the application of the proceeds thereof to the payment of the
2005 Project Costs and 2005 Refunding Costs and the consummation of the 2005
Refunding and the 2005 Project is hereby authorized and approved.
]2
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...",
Section 5.03. Credit Facility Provisions. A. 2005 Commitments. The acceptance
of the 2005 Commitments by the County Administrator is hereby ratified and confirmed.
The provisions of the 2005 Commitments shall be deemed to be incorporated herein and
the County agrees that it will comply with the requirements of the 2005 Commitments
with respect to the Series 2005 Bonds.
B. Covenants for Benefit of 2005 Bond Insurer. The County covenants and
agrees with and for the benefit of the 2005 Bond Insurer with respect to the 2005 Policy
and the 2005 Surety Bond as set forth in Exhibit C hereto
C. 2005 Policy and Payment. There shall be printed on the back of each Series
2005 Bond a statement to the effect that payment of the principal of and interest thereon is
insured under the 2005 Policy, and the proper officers of the County are hereby authorized
and directed to payor cause to be paid to the 2005 Bond Insurer the premium for the 2005
Policy and 2005 Surety Bond stated in the 2005 Commitments upon the delivery of the
2005 Policy and 2005 Surety Bond.
Section 5.04. Bond Registrar and Paying Agent and Agreement Therefor. The
Bank of New York Trust Company, N. A., Jacksonville, Florida (the "Bank"), is hereby
designated Bond Registrar and Paying Agent for the Series 2005 Bonds; provided, that the
Paying Agent for the Series 2005 Bonds may be removed by the 2005 Bond Insurer at any
time for any breach of trust; further provided, that the 2005 Bond Insurer shall be notified
of any resignation, removal or replacement of the Paying Agent for the Series 2005 Bonds;
further, provided that the 2005 Bond Insurer shall have the right to approve any Paying
Agent for the Series 2005 Bonds. The consent of the 2005 Bond Insurer shall be required
for the removal and/or replacement of the Paying Agent. The Chairman and Clerk are
hereby authorized to execute a Paying Agent and Registrar Agreement between the
County and the Bank in substantially the form attached hereto as Exhibit E.
Section 5.05. Validation. The County elects not to institute validation proceedings
in the Circuit Court for St. Lucie County pursuant to the provisions of Chapter 75, Florida
Statutes, for validation of the Series 2005 Bonds and other matters necessary or incidental
thereto.
Section 5.06. Severability of Invalid Provisions. If anyone or more of the
covenants, agreements or provisions of this resolution should be held to be contrary to any
express provision of law or to be contrary to the 2005 Policy of express law, though not
expressly prohibited, or to be against public 2005 Policy, or should for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null
and void and shall be deemed separate from the remaining covenants, agreements, or
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provisions of, and in no way affect the validity of, all the other provisions of the Original
Resolution or this resolution or of the Series 2005 Bonds.
Section 5.07. Repealing Clause. All resolutions of the County, or parts thereof, in
conflict with the provisions of this resolution are to the extent of such conflict hereby
superseded and repealed.
Section 5.08. Effective Date. This resolution shall become effective immediately
upon its adoption.
14
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Passed and Adopted this 17th day of May 2005, at a regular meeting duly called
and held.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chair, Board of County Commissioners
A TrEST:
By:
Clerk of the Circuit Court,
ex-officio Clerk of the Board
APPROVED AS TO FORM AND CORRECTNESS:
County Attorney
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EXHIBIT A
CONDITIONS OF A WARD
The conditions to exercise by the County Administrator of the authority to execute the
2005 Bond Purchase Contract are as follows:
(A) The 2005 Bond Purchase Contract shall be executed on or before July I, 2005.
(B) The 2005 Bond Purchase Contract shall be executed by and on behalf of the
County by the County Administrator in substantially the form approved by the County
Administrator upon the advice of Bond Counsel and the County Attorney, the execution
of the 2005 Bond Purchase Contract for and on behalf of the County by the County
Administrator being conclusive evidence of the approval of any such changes, insertions,
omissions or filling in of blanks.
(C) The aggregate principal amount (without regard to any original issue
discount or premium) of the Series 2005 Bonds to be sold shall not exceed $13,000,000.
(D) The purchase price for the Series 2005 Bonds shall be equal to not less than
99% of the aggregate principal amount of the Series 2005 Bonds (without regard to original
issue discount or premium), plus accrued interest from their dated date to their date of
delivery.
(E) The true interest cost rate on the Series 2005 Bonds shall not exceed 5.25%
per annum.
(F) The County shall have received a disclosure statement from the 2005
Underwriter, setting forth the information required by Section 218.385, Florida Statutes, as
amended.
(G) The 2005 UnderwrÌter shall have delivered to the County its good faith
deposit in such form as is acceptable to the County Administrator upon the advice of the
Financial Advisor in an amount equal to not less than one percent (1 %) of the par amount
of the Series 2005 Bonds.
(H) The Series 2005 Bonds shall be subject to redemption at the option of the
County no later than [10 years] from their date, and at a redemption price not greater than
[102%] of the principal amount redeemed.
{5000/0 110001 6738.DOCv I }
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EXHIBIT B
BOND FORM
No.R-
$
UNITED STATES OF AMERICA
STATE OF FLORIDA
ST. LUCIE COUNTY
SALES TAX 2005 REFUNDING AND IMPROVEMENT REVENUE BOND, SERIES 2005
RATE OF INTEREST
MATURITY DATE
DATE OF ISSUE
CUSIP
%
October 1, _
REGISTERED OWNER: Cede & Co.
PRINCIPAL AMOUNT:
St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the
Registered Owner designated above, or registered assigns, solely from the special funds
hereinafter mentioned, on the Maturity Date specified above, the Principal Amount shown above,
upon presentation and surrender hereof at the corporate trust office of The Bank of New York
Trust Company, N.A., Jacksonville, Florida, as Bond Registrar and Paying Agent, and to pay solely
from such funds, interest thereon from the date of this Bond or from the most recent Interest
Payment Date to which interest has been paid, whichever is applicable, until payment of such
Principal Amount, at the Rate of Interest per annum set forth above, such interest being payable on
October 1, 2005, and semiannually thereafter on April 1 and October 1 of each year, by check or
draft mailed on or before the Interest Payment Date, to the Registered Owner at his address as it
appears, at 5:00 P.M. Eastern Time on the fifteenth day of the month preceding the applicable
Interest Payment Date, on the registration books of the County kept by the Bond Registrar;
provided, that for any Registered Owner of one million dollars or more in principal amount of
Bonds, such payment shall, at the written request of such Registered Owner be by wire transfer or
other medium acceptable to the County and to such Registered Owner. The principal of,
premium, if any, and interest on this Bond are payable in lawful money of the United States of
America.
B-1
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.....,
This Bond is one of a Series of Bonds, authorized to be issued in the aggregate principal
amount of $ , of like date, tenor and effect, except as to number, interest rate, and
date of maturity, issued to finance the cost of (i) 2005 Refunding the County's outstanding
Improvement Revenue Note, Series 2004 (Land Acquisition), dated May 5, 2004, maturing on
June 1, 2005, (ii) paying the cost of the acquisition of certain environmentally sensitive lands
within the County, and (iii) paying certain expenses related to the issuance and sale of the
Bonds, under the authority of and in full compliance with the Constitution and Statutes of the
State of Florida, including particularly Chapter 125, Florida Statutes, Ordinance No. 87-77 of the
County, as amended, and other applicable provisions of law, and Resolution No. 03-163 of the
Board of County Commissioners (the "Board"), adopted on July IS, 2003, as supplemented by
Resolution No. 05-119, on March 22, 2005, and Resolution No. 05----, adopted on May 17, 2005
(collectively, the "Bond Resolution"), and is subject to all the terms and conditions of the Bond
Resolution. Capitalized terms used herein shall have the meaning specified in the Bond
Resolution.
This Bond is a special, limited obligation of the County, payable from and secured solely by
a lien upon and pledge of (i) the proceeds of the Local Governmental Half-Cent Sales Tax
Revenues, when, as and if distributed to the County pursuant to Chapter 218, Part VI, Florida
Statutes, (ii) moneys on deposit in certain funds and accounts established pursuant to the Bond
Resolution, and (iii) certain Investment Earnings (collectively, the "Pledged Revenues"), all as
defined and in the manner provided in and subject to the terms and conditions of the Bond
Resolution. This Bond does not constitute a general obligation or indebtedness of the County as a
"bond" within the meaning of the State Constitution, and it is expressly agreed by the Registered
Owner of this Bond that such Registered Owner shall never have the right to require or compel the
exercise of the ad valorem taxing power of the County, or the taxation of any property of or in the
County, for the payment of the principal of and interest on this Bond or for the making of any
sinking fund, reserve or other payments provided for in the Bond Resolution. The pledge of and
lien on the Pledged Revenues is on a parity with the lien thereon and pledge thereof in favor of the
County's outstanding Sales Tax 2005 Refunding and Improvement Revenue Bonds, Series 2003,
dated July 15, 2003.
It is further agreed between the County and the Registered Owner of this Bond that this
Bond and the obligation evidenced hereby shall not constitute a lien upon the 2005 Project, the
20042005 Project, or upon any property of or in the County, but shall constitute a lien only on the
Pledged Revenues, in the manner and to the extent provided in the Bond Resolution.
The Bonds are issuable only as fully registered Bonds in the denominations of $5,000 or
integral multiples thereof. This Bond is transferable, and exchangeable for Bonds of other
authorized denominations, at the office of the Bond Registrar, by the Registered Owner or by a
person legally empowered to do so, upon presentation and surrender hereof to the Bond Registrar,
together with a request for exchange or an assignment signed by the Registered Owner or by a
person legally empowered to do so, in a form satisfactory to the Bond Registrar, all subject to the
terms, limitations and conditions provided in the Bond Resolution. No charge will be made for
B-2
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~
....",
transfer or exchange, but the County or the Bond Registrar may require payment of an amount
sufficient to cover any tax or other governmental charge payable in connection therewith. The
County and the Bond Registrar may deem and treat the Registered Owner as the absolute owner of
this Bond for the purpose of receiving payment of or on account of principal or interest and for all
other purposes, and neither the County nor the Bond Registrar shall be affected by any notice to
the contrary.
[Insert Redemption Provisions]
The Bonds maturing on October 1, in the years _ and _ are subject to mandatory
redemption prior to maturity in part by lot on October 1, in each of the years set forth below,
respectively, at a redemption price equal to the principal amount thereof and accrued interest
thereon to the date fixed for redemption, without premium from Amortization Installments
through operation of the Bond Amortization Account as follows:
/
Term Bond /
Amortization
Installments
/
Term Bond /
Amortization
Installments
Year
Year
/
Term Bond /
Amortization
Installments
/"
Term Bond /
Amortization
Installments
Year
Year
* Maturity.
Notice of such redemption shall be given in the manner provided in the Bond Resolution.
The County has entered into certain covenants with the Registered Owners of the Bonds
for the terms of which reference is made to the Bond Resolution. In particular, the County has
reserved the right to defease the lien of the Bonds of this issue upon the Pledged Revenues upon
making provision for payment of the Bonds as provided in the Bond Resolution.
Reference is made to the Bond Resolution for a more complete description of the
provisions, among others, with respect to the nature and extent of the security for the Bonds, the
rights, duties and obligations of the County, the Registrar and the Registered Owners, and the
terms and conditions upon which the Bonds are issued and secured. The Registered Owner of this
Bond, by acceptance hereof, assents to all of the provisions of the Bond Resolution.
B-3
{5000/0l/00016738.DOCv I}
'--
...,
This Bond is and has all the qualities and incidents of a negotiable instrument under the
Uniform Commercial Code-Investment Securities Laws of the State of Florida, and the Registered
Owner and each successive Registered Owner of this Bond, shall be conclusively deemed by his
acceptance hereof to have agreed that this Bond shall be and have all the qualities and incidents of
negotiable instruments under the laws of the State of Florida.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen and to be performed precedent to and in the issuance of this Bond, exist, have happened
and have been performed in regular and due form and time as required by the laws and
Constitution of the State of Florida applicable thereto, and that the issuance of this Bond, and of the
issue of Bonds of which this Bond is one, does not violate any constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Resolution until the Certificate of Authentication hereon shall
have been executed by the Registrar.
IN WITNESS WHEREOF, St. Lucie County, Florida has issued this Bond and has caused
the same to be executed by its Chair, either manually or with her facsimile signature, and the
corporate seal of the County or a facsimile thereof to be affixed hereto or imprinted or reproduced
hereon and attested by the manual or facsimile signature of the Clerk of the Circuit Court, ex
officio Clerk of the Board, all as of the Date of Issue above.
(SEAL)
ST. LUCIE COUNTY, FLORIDA
By:
Chair, Board of County Commissioners
ATTEST:
By:
Clerk of the Circuit Court,
ex-officio Clerk of the Board
of County Commissioners
REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue described in the within-mentioned Bond
Resolution.
B-4
{50oo/0 ¡ /000 16738. DOCv I}
Date of Authentication:
{5000/01/00016738.DOCv I}
~
...."
THE BANK OF NEW YORK TRUST COMPANY, N.A.,
as Bond Registrar
By
Authorized Signature
B-5
~
...",
The following abbreviations, when used in the inscription on the face of the within Bond,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM -
TEN ENT -
as tenants in common
as tenants by the
entireties
as joint tenants with
right of survivorship
and not as tenants in
common
UNlF GlF MlN ACT -
(Cust.)
Custodian for
JT ENT -
(Minor)
under Uniform Gifts to Minors
Act of
(State)
Additional abbreviations may also be used though not in list above.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers to
(Please insert Social Security or other Identifying Number of Assignee)
the within Bond and does hereby irrevocably constitute and appoint the Bond Trustee as his agent
to transfer the Bond on the books kept for registration thereof, with full power of substitution in
the premises.
Dated:
Signature guaranteed:
NOTICE: The signature to this
assignment must correspond with
the name of the Registered
Owner as it appears upon the
face of the within note in
every particular, without
alteration or enlargement or
change whatever.
NOTICE: Signature must be
guaranteed by an institution
which is a participant in the
Securities Transfer Agent
Medallion Program (STAMP)
or similar program.
(Authorized Officer)
B-6
{5000/01l00016738.DOCv I}
{5000/0l/00016738.DOCv I}
~
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B-7
{5000/01/00016738.DOCvl}
~
STATEMENT OF INSURANCE
B-8
...."
~
...,
EXHIBIT C
BOND INSURER COVENANTS
Part I. Payment Procedure Under the 2005 Policy
As long as the 2005 Policy shall be in full force and effect, the County and any Paying Agent agree
to comply with the following provisions:
(a) At least one (1) Business Day prior to all Interest Payment Dates the County will
determine whether there will be sufficient funds in the Funds and Accounts to pay the
principal of or interest on the Series 2005 Bonds on such Interest Payment Date. If the
County determines that there will be insufficient funds in such Funds or Accounts, the
County shall so notify the 2005 Bond Insurer. Such notice shall specify the amount of the
anticipated deficiency, the Series 2005 Bonds to which such deficiency is applièable and
whether such Series 2005 Bonds will be deficient as to principal or interest, or both. If the
County has not so notified the 2005 Bond Insurer at least one (1) business day prior to an
Interest Payment Date, the 2005 Bond Insurer will make payments of principal or interest
due on the Series 2005 Bonds on or before the first (1st) Business Day next following the
date on which the 2005 Bond Insurer shall have received notice of nonpayment from the
County.
(b) the County shall, after giving notice to the 2005 Bond Insurer as provided in (a) above,
make available to the 2005 Bond Insurer and, at the 2005 Bond Insurer's direction, to The
Bank of New York, in New York, New York, as insurance trustee for the 2005 Bond Insurer
or any successor insurance trustee (the "Insurance Trustee"), the registration books of the
County maintained by the Paying Agent and all records relating to the Funds and
Accounts maintained under this resolution.
(c) the County will cause the Paying Agent to provide the 2005 Bond Insurer and the
Insurance Trustee with a list of registered owners of the Series 2005 Bonds entitled to
receive principal or interest payments from the 2005 Bond Insurer under the terms of the
2005 Policy, and shall make arrangements with the Insurance Trustee (i) to mail checks
or drafts to the Registered Owners of Series 2005 Bonds entitled to receive full or partial
interest payments from the 2005 Bond Insurer and (ii) to pay principal upon the Series
2005 Bonds surrendered to the Insurance Trustee by the registered owners of Series 2005
Bonds entitled to receive full or partial principal payments from the 2005 Bond Insurer.
(d) the County shall, at the time it provides notice to the 2005 Bond Insurer pursuant to (a)
above, notify Registered Owners of Series 2005 Bonds entitled to receive the payment of
principal or interest thereon from the 2005 Bond Insurer (i) as to the fact of such
{5000/01l0001 6738.DOCv I }
C-l
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entitlement, (ii) that the 2005 Bond Insurer will remit to them all or a part of the interest
payments next coming due upon proof of the Registered Owner entitlement to interest
payments and delivery to the Insurance Trustee, in form satisfactory to the Insurance
Trustee, of an appropriate assignment of the Registered Owner's right to payment, (iii) that
should they be entitled to receive full payment of principal from the 2005 Bond Insurer,
they must surrender their Series 2005 Bonds (along with an appropriate instrument of
assignment in form satisfactory to the Insurance Trustee to permit ownership of such Series
2005 Bonds to be registered in the name of the 2005 Bond Insurer) for payment to the
Insurance Trustee, and (iv) that should they be entitled to receive partial payment of
principal from the 2005 Bond Insurer, they must surrender their Series 2005 Bonds for
payment thereon first to the Paying Agent who shall note on such Series 2005 Bonds the
portion of the principal paid by the Paying Agent and then, along with an appropriate
instrument of assignment in form satisfactory to the Insurance Trustee, to the Insurance
Trustee, which will then pay the unpaid portion of principal.
(e) in the event that the County or Paying Agent, if any, has notice that any payment of
principal of or interest on a Series 2005 Bond which has become Due for Payment and
which is made to a Registered Owner by or on behalf of the County has been deemed a
preferential transfer and theretofore recovered from its Registered Owner pursuant to the
United States Bankruptcy Code by a trustee in bankruptcy in accordance with the finat
nonappealable order of a court having competent jurisdiction, the County shall cause the
Paying Agent to, at the time the 2005 Bond Insurer is notified pursuant to (a) above, notify
all Registered Owners that in the event that any Registered Owner's payment is SO
recovered, .such Registered Owner will be entitled to payment from the 2005 Bond Insurer
to the extent of such recovery if sufficient funds are not otherwise available, and the Paying
Agent shall furnish to the 2005 Bond Insurer its records evidencing the payments of
principal of and interest on the Series 2005 Bonds which have been made by the Paying
Agent and subsequently recovered from Registered Owners and the dates on which such
payments were made.
(f) in addition to those rights granted the 2005 Bond Insurer under this resolution, the 2005
Bond Insurer shalt to the extent it makes payment of principal of or interest on Series 2005
Bonds, become subrogated to the rights of the recipients of such payments in accordance
with the terms of the 2005 Policy, and to evidence such subrogation (i) in the case of
subrogation as to claims for past due interest, the Paying Agent shall note the 2005 Bond
Insurer's rights as subrogee on the registration books of the County maintained by the
Paying Agent upon receipt from the 2005 Bond Insurer of proof of the payment of interest
thereon to the Registered Owners of the Series 2005 Bonds, and (ii) in the case of
subrogation as to claims for past due principat the Paying Agent shall note the 2005 Bond
Insurer's rights as subrogee on the registration books of the County maintained by the
Paying Agent upon surrender of the Series 2005 Bonds by the Registered Owners thereof
together with proof of the payment of principal thereof.
{5000/0 1/000 1673 8.DOCv 1 }
C-2
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~
Part II. Authorized Investments
A. With respect to the Series 2005 Bonds, for all purposes under this resolution, including
defeasance, Authorized Investments and Defeasance Obligations shall mean:
(1) Cash (insured at all times by the Federal Deposit Insurance Corporation),
(2) Obligations of, or obligations guaranteed as to principal and interest by, the US. or
any agency or instrumentality thereof, when such obligations are backed by the full
faith and credit of the US. including:
· US. treasury obligations
· All direct or fully guaranteed obligations
· Farmers Home Administration
· General Services Administration
· Guaranteed Title XI financing
· Government National Mortgage Association (GNMA)
· State and Local Government Series
Any security used for defeasance must provide for the timely payment of principal and
interest and cannot be callable or prepay able prior to maturity (excluding securities that
do not have a fixed par value and/or whose terms do not promise a fixed dollar amount at
maturity or call date).
B. With respect to the Series 2005 Bonds, for all purposes other than defeasance investments in
refunding escrow accounts, Authorized Investments shall mean.
(1) obligations of any of the following federal agencies which obligations represent the
full faith and credit of the United States of America, including:
-Export-Import Bank
-Rural Economic Community Development Administration
-US. Maritime Administration
-Small Business Administration
-US. Department of Housing & Urban Development (PHAs)
-Federal Housing Administration
-Federal Financing Bank
(2)Direct obligations of any of the following federal agencies which obligations are not
fully guaranteed by the full faith and credit of the United States of America:
{5000/0 1/000 16738.DOCv I}
C-3
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....,
-Senior debt obligations issued by the Federal National Mortgage Association
(FNMA) or Federal Horne Loan Mortgage Corporation (FHLMC).
-obligations of the Resolution Funding Corporation (REF CORP)
-Senior debt obligations of the Federal Horne Loan Bank System
-Senior debt obligations of other Government Sponsored Agencies approved by
Ambac
(3)D.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with
domestic commercial banks which have a rating on their short term certificates of
deposit on the date of purchase of /lP-I/I by Moody's and /lA-I/I or /lA_I+/I by S&P and
maturing not more than 360 calendar days after the date of purchase. (Ratings on
holding companies are not considered as the rating of the bank);
(4) Commercial paper which is rated at the time of purchase In the single highest
classification, /lP-I/I by Moody's and /I A-I +/1 by S&P and which matures not more than
270 calendar days after the date of purchase;
(5)Investments in a money market fund rated /I AAAm/l or /I AAAm-G/I or better by S&P;
(6)Pre-refunded Municipal obligations defined as follows: any bonds or other obligations
of any state of the United States of America or of any agency, instrumentality or local
governmental unit of any such state which are not callable at the option of the obligor
prior to maturity or as to which irrevocable instructions have been given by the obligor to
call on the date specified in the notice; and
(A) which are rated, based on an irrevocable escrow account or fund (the /lescrow/l), in
the highest rating category of Moody's or S&P or any successors thereto; or
(B) (i) which are fully secured as to principal and interest and redemption premium, if
any, by an escrow consisting only of cash or obligations described in paragraph
A(2) above, which escrow may be applied only to the payment of such principal of
and interest and redemption premium, if any, on such bonds or other obligations
on the maturity date or dates thereof or the specified redemption date or dates
pursuant to such irrevocable instructions, as appropriate, and (ii) which escrow is
sufficient, as verified by a nationally recognized independent certified public
accountant, to pay principal of and interest and redemption premium, if any, on
the bonds or other obligations described in this paragraph on the maturity date or
dates specified in the irrevocable instructions referred to above, as appropriate;
[Pre-refunded Municipal obligations meeting the requirements of subsection (B)
hereof may be used as Permitted Investments for annual appropriation lease
transactions.
{5000/0 1/000 ¡ 6738.DOCv ¡}
C-4
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~
(7) Municipal obligations rated" Aaa/ AAA" or general obligations of States with a rating
of "A2/A" or higher by both Moody's and S&P.
(8) Investment Agreements approved in writing by the 2005 Bond Insurer (supported by
appropriate opinions of counsel);
(9) Investments in the Local Government Surplus Funds Trust Fund of the State of Florida,
created and established pursuant to Part IV, Chapter 218, Florida Statutes, administered
by the State Board of Administration
(10) other forms of investments (including repurchase agreements) approved in writing by
Ambac.
C. The value of the above investments shall be determined as follows:
a) For the purpose of determining the amount in any fund, all Authorized Investments
credited to such fund shall be valued at fair market value. The County shall determine
the fair market value based on accepted industry standards and from accepted
industry providers. Accepted industry providers shall include but are not limited to
pricing services provided by Financial Times Interactive Data Corporation, Merrill
Lynch, Salomon Smith Barney, Bear Stearns, or Lehman Brothers.
b) As to certificates of deposit and bankers' acceptances: the face amount thereof, plus.
accrued interest thereon; and
c) As to any investment not specified above: the value thereof established by prior
agreement among the County and Ambac.
Part III. Payments under the 2005 Surety Bond
A. As long as the 2005 Surety Bond shall be in full force and effect, the County and Paying
Agent agree to comply with the following provisions:
(a) In the event and to the extent that moneys on deposit in the Debt Service Fund, plus
all amounts on deposit in and credited to the Reserve Account in excess of the
amount of the 2005 Surety Bond, are insufficient to pay the amount of principal and
interest coming due, then upon the later of: (i) one (1) day after receipt by the
General Counsel of the 2005 Bond Insurer of a demand for payment in the form
attached to the 2005 Surety Bond as Attachment 1 (the "Demand for Payment"), duly
executed by the Paying Agent certifying that payment due under the resolution has
not been made to the Paying Agent; or (ii) the payment date of the Series 2005 Bonds
as specified in the Demand for Payment presented by the Paying Agent to the
General Counsel to the 2005 Bond Insurer, Ambac will make a deposit of funds in an
account with the Paying Agent or its successor, in New York, New York, sufficient
{5000/0 1/000 16738.DOCv I}
C-5
'-
....,
for the payment to the Paying Agent, of amounts which are then due to the Paying
Agent under the resolution (as specified in the Demand for Payment) up to but not
in excess of the 2005 Surety Bond Coverage, as defined in the 2005 Surety Bond;
provided, however, that in the event that the amount on deposit in, or credited to,
the Reserve Account in addition to the amount available under the 2005 Surety
Bond, includes amounts available under a letter of credit, insurance 2005 Policy, 2005
Surety Bond or other such funding instrument (the "Additional Funding
Instrument"), draws on the 2005 Surety Bond and the Additional Funding
Instrument shall be made on a pro rata basis to fund the insufficiency.
(b) the County or Paying Agent shall, after submitting to the 2005 Bond Insurer the
Demand for Payment as provided in (a) above, make available to the 2005 Bond
Insurer all records relating to the Funds and Accounts maintained under this
resolution.
(c) the County or Paying Agent shall, upon receipt of moneys received from the draw
on the 2005 Surety Bond, as specified in the Demand for Payment, credit the Reserve
Account to the extent of moneys received pursuant to such Demand.
(d) the Reserve Account shall be replenished in the following priority: (i) principal and
interest on the 2005 Surety Bond shall be paid from first available Pledged Revenues
[principal and interest on the 2005 Surety Bond and on the Additional Funding
Instrument shall be paid from first available Pledged Revenues on a pro rata basis];
(ii) after all such amounts are paid in full, amounts necessary to fund the Reserve
Account to the required level, after taking into account the amounts available under
the 2005 Surety Bond and the Additional Funding Instrument shall be deposited
from next available Pledged Revenues.
Part IV. General Covenants and Agreements
Except during any period when the 2005 Bond Insurer is in default of its obligations under the
2005 Policy, the 2005 Bond Insurer (1) shall be deemed to be a third-party beneficiary hereunder
with the right to enforce any right, remedy, or claim hereunder, (2) shall enjoy and have all rights,
privileges and benefits granted to the Credit Facility Issuer under the provisions of this resolution
and, in addition and (3) shall have the following rights, privileges and benefits:
A. The County shall mail to the 2005 Bond Insurer, attention Surveillance Department,
(1) a copy of its annual audit report (2) copies of any notices given to the Registered Owners,
including notices of redemption or defeasance of Series 2005 Bonds, and (3) such additional
information as it shall request.
{5000/0J/OOOJ6738.DOCvJ}
C-6
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..,
B. The 2005 Bond Insurer shall have the right to direct an accounting of the Pledged
Revenues at the County's expense, and any failure by the County to comply within 30 days of
receipt of written notice of such direction from the 2005 Bond Insurer shall be deemed an event of
default hereunder, provided that, if compliance cannot occur within such period, then such period
will be extended if compliance is begun within such period and diligently pursued, but only if
such extension does not adversely affect the interests of the Registered Owners of the 2005 Bonds.
C. Any reorganization or compromise of creditor's rights with respect to the County
must be acceptable to the 2005 Bond Insurer to the extent that the right of such approval is vested
in or granted to the Registered Owners of the 2005 Bonds,
D. The 2005 Bond Insurer shall be provided with (i) any certificate provided with
respect to the Pledged Revenues, (ü) each Continuing Disclosure Report, and (iii) a full transcript
of any proceedings relating to the execution of any supplemental resolution hereto. Notices to the
2005 Bond Insurer shall be sent to the address specified above.
E. The County will permit the 2005 Bond Insurer to discuss the affairs, finances and
accounts of the County or other infonnation the 2005 Bond Insurer may reasonably request
regarding the Pledged Revenues with appropriate County officials and to have access to and to
make copies of all books and records relating to the Series 2005 Bonds at any reasonable time.
F. The County shall promptly notify the 2005 Bond Insurer of (i) any failure by the
County to provide notices or certificates required under this resolution, (ii) the occurrence of any
event of default hereunder or (iii) any deficiency in the amounts required to be on deposit in the
Debt Service Fund.
G. The Paying Agent for the 2005 Bonds may be removed by the 2005 Bond Insurer at
any time for any breach of trust; further provided, that the 2005 Bond Insurer'shall be notified of
any resignation, removal or replacement of the Paying Agent for the 2005 Bonds; further, provided
that the 2005 Bond Insurer shall have the right to approve any Paying Agent for the 2005 Bonds.
The consent of the 2005 Bond Insurer shall be required for the removal and/or replacement of the
Paying Agent.
H. Any provision of this resolution expressly recognizing or granting rights in or to the
2005 Bond Insurer may not be amended in any manner which affects the 2005 Bond Insurer
without the prior written consent of the 2005 Bond Insurer; the 2005 Bond Insurer shall be entitled
to charge the County a reasonable fee in connection with the giving of any consent tO,or otherwise
in connection with, any amendment to this resolution so long as the 2005 Policy is in effect and the
2005 Bond Insurer is not in default thereunder.
{5000/01/00016738.DOCvl}
C-7
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'w1I
1. Notwithstanding any other provIsIon of the Bond Resolution, in determining
whether the rights of the Registered Owner's will be adversely affected by any action taken
pursuant to this resolution, such effect shall be determined as if the 2005 Policy were not in effect.
J. With respect to the Series 2005 Bonds, in this resolution (1) all references to the
Credit Facility Issuer shall be deemed to be references to the 2005 Bond Insurer, (2) all references to
the Credit Facility shall be deemed to be references to the 2005 Policy, and all references to the
Reserve Account Credit Facility shall be deemed references to the 2005 Surety Bond.
K. All notices required to be sent to the 2005 Bond Insurer shall be sent to the
following address:
Ambac Assurance Corporation
One State Street Plaza
New York, New York 10004
Attention: Surveillance Department
{5000/01/000 16738.DOCvl}
C-8
{500010 1/000 16738.DOCv I}
'-'
.....,
EXHIBIT D
FORM OF 2005 BOND PURCHASE CONTRACT
D-l
'--,
."".,
EXHIBIT E
FORM OF REGISTRAR AND PAYING AGENT AGREEMENT
{5000/01/00016738.DOCvl }
C-l
{SOOO/OI/OOOI 6738.DOCvl}
'-'
"'-II
EXHIBIT F
FORM OF FINANCIAL GUARANTY AGREEMENT
F-l
T
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'WI
EXHIBIT G
2005 PROJECT
The 2005 Project consists of the acqUIsItIOn of property at the S1. Lucie County
Fairgrounds pursuant to that certain executory "Contract for Sale and Purchase of Real Property"
between the County and Harbor Branch Oceanographic Institution, Inc.; provided that the Board
shall have the discretion to designate alternate or other uses as the 2005 Project, subject to
receipt of an opinion of Bond Counsel that such alternate or other uses are a permissible use of
the proceeds of the Series 2005 Bonds under the provisions of the Code.
{5000/0 1/000 16738.DOCv I}
F-I
{5000/0 110001 6738.DOCvl }
...
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~
EXHIBIT H
2005 PRELIMINARY OFFICIAL STATEMENT
(Exhibits Omitted)
F-l
~ ....... -...........,..,..
'-' ...,,¡
~
,/
~
i
(C (0) ][11 § <e ][111t ..
][ It <e ][]n1 §
\..,
05/13/05
FZABilARR
FUND
001
001160
001165
001168
001293
001294
001814
::..01
101002
101003
101006
101106
102
102001
104Q01
105
107
107001
107002
107003
129
140
140001
140130
,37
183
183004
".185005
310002
315
316
382
·101
'118
·;21
,,41
448
449
,,51
158
461
471
478
479
-l81
491
505
-
-
~
ST. LUCIE COUNTY - BOARD
-
~
WARRANT LIST #33- 07-MAY-2005 TO 13-MAY-2005
FUND SUMMARY
TITLE
General Fund
Section 112/MPO/Planning FY 04/05
CSBG Grant FY05
Urban Mobile Irrigation Lab 04/05
TDC Planning Grant FY 05
FDCA/EMPA 2005
Floridian Aquifer Well Monitoring N
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/Impact Fees
USDA (NRCS) Emergency Watershed Prt
Unincorporated Services Fund
Drainage Maintenance MSTU
Recreation Donations Fund
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
Parks MSTU Fund
Port & Airport Fund
Port Fund
FAA Instrument Landing System
Install Perimeter Fencing #412400
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
FHFA SHIP FY04/05
Impact Fees-Parks
County Building Fund
County Capital
Environmental Land Capital Fund
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 Util Dist-Capital Facilities
Airport Utilities District
Building Code Fund
Health Insurance Fund
EXPENSES
576,136.17
1,386.90
17.71
15.40
18.26
10,832.84
16.82
87,069.50
15,000.00
10,490.05
85,873.63
0.32
8,565.78
10,868.48
477 .73
1,804.79
33,428.80
6,958.41
1,953.76
2,909.93
96,309.00
13,408.63
175.00
152,885.00
10,600.00
322.84
4,289.20
35.20
25.30
2,540.63
4,046.23
236,914.77
587.52
349,396.43
27,374.65
32.54
1,768.26
2.46
6.31
564.47
2,719.57
60,629.78
126.21
1.24
6.68
1,108.84
15,111.28
44,405.11
PAGE
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
0.00
0.00
0.00
0.00
5,190.50
1
05/13/05
FZABWARR
FUND
505001
611
615
630
-
'-'
ST. LUCIE COUNTY - BOARD
-
"'w1Í
WARRANT LIST #33- 07-MAY-2005 TO 13-MAY-2005
FUND SUMMARY
TITLE
Property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Impact Fees Fund
Tax Deed Overbid Agency Fund
GRAND TOTAL:
EXPENSES
25,358.82
64.90
295,558.19
2,936.41
2,203,136.75
-
PAGE
PAYROLL
0.00
1,412.34
0.00
0.00
6,602.84
2
-
-
\
...
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AGENDA REQUEST
ITEM NO.C2A
DATE: May 17, 2005
REGULAR []
PUBLIC HEARING []
CONSENT [X]
TO: BOARD OF COUNìY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
SUBJECT: Resolution No. 05-205 Extending the State of Emergency for Hurricane
Frances; and, Resolution No. 05-206 Extending the State of Emergency for
Hurricane Jeanne
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION:
Staff recommends that the Board approve Resolution No. 05-
205 and Resolution No. 05-206 and authorize the Chairman to
sign the Resolutions.
[ X APPROVED [ ] DENIED
[ ] OTHER:
;:¿N:
Douglas Anderson
County Administrator
COMMISSION ACTION:
Approved 5-0
County Attorney:
:Jy
Review and Approvals
Management & Budget Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for copy only, if applicable)
Eft. 5/96
....
~
.."
,.
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
05-800
DATE:
May 10, 2005
SUBJECT:
Resolution No. 05-205 Extending the State of Emergency for
Hurricane Frances; Resolution No. 05-206 Extending the
State of Emergency for Hurricane Jeanne
**************************************************************************
BACKGROUND:
Attached are the following documents:
1. Draft Resolution No. 05-205 extending the state of emergency for
Hurricane Frances until May 28, 2005 at 4:00 p.m.
2. Draft Resolution No. 05-206 extending the state of emergency for
Hurricane Jeanne until May 29, 2005 at 7:00 a.m.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve Resolution No. 05-205 and
Resolution No. 05-206 as drafted.
DSM/caf
Attachments
----
~
..."""
.Þ
RESOLUTION NO. 05- 205
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY
EXTENDING. THE STATE OF LOCAL EMERGENCY
(HURRICANE FRANCES)
WHEREAS, the Board of County Commissioners has made the following
determinations:
1. The Board has adopted Resolution No. 00-277 authorizing the County
Administrator and the Public Safety Director to exercise certain emergency powers and
authority during a local emergency.
2. The County's Public Safety Director declared a state of emergency on
September 1, 2004, at 4:00 p.m. due to Hurricane Frances.
3. The effect of Hurricane Frances has placed St. Lucie County in a state of
emergency, exposing the citizens thereof to danger to life and property.
4. In order to respond to such emergency, upon this extension, the County
Administrator or his designee is authorized to initiate and take such actions authorized by
Resolution 00-277 for and on behalf of the Board of County Commissioners during the
term of such local state of emergency.
5. Such declaration is extended for seven (7) days until May 28, 2005 at 4:00
p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or
the County Administrator.
6. This Extension of the Declaration of Emergency shall become effective May
21, 2005 at 4:00 p.m.
After motion and second the vote on this resolution was as follows:
Chairman Frannie Hutchinson
Vice Chairman Doug Coward
Commissioner Paula A. Lewis
Commissioner Joseph E. Smith
Commissioner Chris Craft
xxx
xxx
xxx
xxx
xxx
~
......,
PASSED AND DULY ADOPTED this 17th day of May, 2005.
ATTEST:
BOARD OF COUNTY COMMIS,5IONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
"""
~
RESOLUTION NO. 05- 206
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY
EXTENDING THE STATE OF LOCAL EMERGENCY
(HURRICANE JEANNE)
WHEREAS, the Board of County Commissioners has made the following
determi nations:
1. The Board has adopted Resolution No. 00-277 authorizing the County
Administrator and the Public Safety Director to exercise certain emergency powers and
authority during a local emergency.
2. The County's Public Safety Director declared a state of emergency on
September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne.
3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of
emergency, exposing the citizens thereof to danger to life and property.
4. In order to respond to such emergency, upon this extension, the County
Administrator or his designee is authorized to initiate and take such actions authorized by
Resolution 00-277 for and on behalf of the Board of County Commissioners during the
term of such local state of emergency.
5. Such declaration is extended for seven (7) days until May 29, 2005 at 7:00
a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or
the County Administrator.
6. This Extension of the Declaration of Emergency shall become effective May
22,2005 at 7:00 a.m.
After motion and second the vote on this resolution was as follows:
Chairman Frannie Hutchinson
Vice Chairman Doug Coward
Commissioner Paula A. Lewis
Commissioner Joseph E. Smith
Commissioner Chris Craft
xxx
XXX
XXX
XXX
XXX
I
'--'
"'wII
PASSED AND DULY ADOPTED this 17th day of May, 2005.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
,
....""
AGENDA REQUEST
ITEM NO. C2B
DATE: May 17, 2005
REGULAR [ ]
PUBLIC HEARlNG
Leg. [ ] Quasi-JD [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT:
Revocable License Agreement
Southern Eagle Distributing, Inc.
Glades Cut-Off Road and Jenkins Road
BACKGROUND:
See Attached Memorandum
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement,
authorize the Chairman to sign the Revocable License Agreement and direct
Southern Eagle Distributing, Inc.. to record the document in the Public
Records of St. Lucie County, Florida.
COMMISSION ACTION:
[)C APPROVED
[ r OTHER
[ ] DENIED
7;'CE:
D011glas M. Anderson
County Administrator
Approved 5-0
[x] County Attomey:~
Review and Approvals
[ ]Originating Dept:_
[x] Road and Bridge:~
[x] Engineering: AIVP
[x] Public WorkS~
[ ]Purchasing:
i
'-"
PROPERTY ACQUISITION DIVISION
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Daniel McIntyre, County Attorney
DATE:
May 17, 2005
SUBJECT:
Revocable License Agreement
Southern Eagle Distributing, Inc..
Glades Cut Off Road and Jenkins Road
BACKGROUND:
Southern Eagle Distributing, Inc. is installing a six (6) inch PVC force main and a eight (8)
inch water main to their property on Glades Cut-off Road. Southern Eagle requests
permission to install the force main and water main in the County rights-of-way of Glades
Cut-off Road and Jenkins Road.
Staff has approved their request to install the utilities subject to the conditions set forth
in the attached Revocable License Agreement.
RECOMMENDA TION:
Staff recommends the Board approve the Revocable License Agreement with Southern
Eagle Distributing, Inc., authorize the Chairman to execute the Agreement and direct
Southern Eagle Distributing, Inc. to record the Agreement in the Public Records of St.
Lucie County, Florida.
Respectfully submitted,
Daniel McIntyre
County Attorn
'-'
.....,
,
.
This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. McIntyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
.'Th
THIS AGREEMENT, made and entered this~ day of
, 2005, by and between ST.
LUCIE COUNTY, a political subdivision of the State of Florida, (the II ounty") and SOUTHERN EAGLE
"IC'rrnmTTrrTl\Tr' TXT0 ":h- -~ "dG'-Qs~ ;s p 0 "Qryv 1 T'Q9 1:'T PffiRC"¡:;' "RT "4979 (Owner')
.i...I ù.l.l'-..i.ÐU.l.i....l..,u~.l..1·'(.......... "',.t.u~ç..... 1..... o.J... ..&.. ..Lot_."\.. ).....;).., ,~ '.A.~ -"'.1....<,....._-' .1,_ ,1._ .
WHEREAS, the COUNTY is the owner of the property described as:
THAT PORTION OF A 100' ROAD RIGHT-OF-WAY, KNOWN AS GLADES
CUT-OFF ROAD, LYING IN SECTION 31, TOWNSHIP 35 SOUTH, RANGE 40
EAST, ST. LUCIE COUNTY, FLORIDA AND JENKINS ROAD AS RECORDED
IN PLAT BOOK 42 PAGE 8.
WHEREAS, Owner, desires to install a six (6) inch PVC force main and a eight (8) inch water main
in the Glades Cut-Off and Jenkins Road rights-of-way as noted on contraction plans submitted to Engineering
Department. (Exhibit "A").
WHEREAS, the County is willing to permit the Owner to use Glades Cut-Off Road and Jenkins
Road rights-of-way, to install and maintain the six (6) inch PVC force main and eight (8) inch water main,
subject to the terms and conditions set forth in this Revocable License Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as
follows:
1. The County agrees to grant Owner a Revocable License Agreement for the purpose of
installing and maintaining a six (6) inch PVC force main and eight (8) inch water main which is indicated
on the sketch and incorporated herein as Exhibit II A" . The force main and water main will encroach Glades
Cut-Off Road and Jenkins Road rights-of-way. This license shall extend only to the above-referenced force
main and water main and shall not extend to the construction and/or installation of any additional structures
'-'
"-ttI
,
or utilities or locations.
2. The sole purpose of this Revocable License Agreement is to allow O\VOer a means of
providing a force main and water main to their property .
3. Pursuant to the tenns and conditions contained in this Agreement, the County authorizes the
O\VOer to install and maintain a six inch force main and a 8 inch water main under Glades Cut-Off Road and
Jenkins Road to adequately provide water and sewer service to their property.
4. . The Owner is required to install the force main and water main in accordance with Standard
Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together
with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County
Engineer with a schedule for construction.
S. This Revocable License Agreement shall be binding on future successors and assignees of
the O\VOer provided that the O\VOer gives adequate notice to the County pursuant to Paragraph Twelve (12)
of this Agreement.
6. The County shall have the right, at the sole discretion of the County Engineer or Road and
Bridge Department, to tenninate this Agreement with or witheM cause and require removal of the
encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County
Engineer and Road and Bridge Department may, in lieu oftennination, request that O\VOer perfonn certain
alterations to the force main and/or water main in the right-of-way of Glades Cut-Off Road and Jenkins Road
at the O\VOer's sole expense. However, if such alteration is not perfonned to the satisfaction of the County
Engineer, the County shall be entitled to exercise its right to tenninate this Agreement.
7. Upon the abandonment of the installation of the utility improvements, the expiration of this
Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs
first, the Owner shall be responsible for the removal or plugging of the abandoned utility as directed by the
County Engineer and Road and Bridge Department, consistent with the specifications of the County in force
at such time.
8. The tenn of this Revocable License Agreement shall begin on the date first above written
'-'
'..",I
v
and shall remain in affect unless otherwise revoked or abandoned as provided herein.
9. The Owner agrees to relocate the referenced improvements, at any time and at no cost to the
County, if necessary for the maintenance or improvements of Glades Cut-Off Road and Jenkins Road by the
County.
10. The force main and water mainshall be constructed in accordance with all applicable building
codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner.
Any maintenance activity will be subject to the written approval of the County Engineer and/or Road and
Bridge Department.
11. The Owner agrees to allow County employees access to the location of the utility service
crossing for County purposes as determined by the County Engineer.
12. All notices, request and other communications dealing directly or indirectly with this license
shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger
or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt
requested, address to:
As to County
As to Property Owner:
Southern Eagle Dist. Inc.
P.O. Box 12429
Fort Pierce, FL 34979-2429
County Engineer
Engineering Division
2300 Virginia Avenue, 2nd Floor
Fort Pierce, FL 34982
With Cüpies to:
County Attorney
2300 Virginia Avenue, 3rd Floor
Fort Pierce, FL 34982
or to such other address as any party may designate by notice complying with the terms of this section. Each
such notice shall be deemed delivered (a) on the date delivered ifby personal delivery, (b) on the date upon
which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities
as not deliverable, as the case may be, if mailed.
13. The Owner shall indemnify and hold the County harmless from and against all claims,
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..."
liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions,
including reasonable attorneys fees of any kind or nature arising or in any way connected with the use,
occupation, management, or control of the above property by County or its' agents, servants, employees,
patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or
nature whatsoever, sustained during Owner's use of the property.
14. The Owner shall promptly record this Revocable License Agreement in the Official Records
of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this
Revocable License Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first
written.
ATTEST:
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
BY:
CHAlRMAN
DEPUTY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Witness
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Ýt. TheJo~egoing instrument was aClmOWledgedpefore me this ~ day of ~_ , 2005,
by ~ Ira.-b~t;; as lJ ofSOUTHERNEA LEDIST.INC..
who produced~.c..>'~ fA dluh (type of identificatIOn) and who dId take an oath.
J d· .
WITNESS my hand and official seal, this ~ day of ~ ' A.D., 2005.
My commission expires:
i'.".1'~~ MAREDITH RAEGENIA LEONARD
.,. ~ .. MY COMMISSION 1/ DD 122177
<f~(1ff\.~~ EXPIRES: June 2, 2006
1-8»3-I..oT ARY R. Nola')' Sonb & I!a1dIng. Inc.
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AGENDA REQUE!t
ITEM NO. 3A
DATE: May 1 7, 2005
REG U LAR []
PUBLIC HEARING []
CONSENT [X]
TO:
SUBMITTED BY WEPT):
Board of County Commissioners
PRESENTED BY:
D
Administration
SUB1ECT:
BACKGROUND:
Board of County Commissioners Meeting sch
It has been requested that the Board of County Commissioners make the following
change to the Meeting Schedule for 2005.
· July 19, 2005 Board of County Commissioners meeting will be canceled due
to NACO Conference.
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
RECOMMENDA TION:
N/A
Staff recommends that the Board approve the changes to the Board of County
Commissioners meeting schedule for 2005.
COMMISSION ACTION:
['APPROVED[] DENIED
[] OTHER:
Approved 5-0
~
Douglas 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 REOUE'T .TEM NO. CaB
DAlE. May 17, 2005
REGULAR []
PUBLIC HEARING []
CONSENI [X]
10.
Board of County Commissioners
PRESENIED BV.
SUBMIIIED BV CDEPI). Administration
SUBJECI. Commissioner Smith has requested that Tho
Investment Committee.
BACKGROUND. N/A
FUNDS AVAILABLE: N/A
PREVIOUS ACIION: N/A
RECOMMENDATION: Staff recommends that the Board ratify Commissioner Smith's appointment of Thom Jones
to the Investment Committee.
COMMISSION ACIION:
~PPROVED
o OTHER:
CONß~'
~ ~
,
Douglas M. Anderson
County Administrator
o DENIED
Approved 5-0ltem amended
by Comm. Smith to appoint
Todd Bevan.
Review and A...ova"
County Attorney: _ Management & Budget: _
Originating Dept: _ Other:
Finance: _ (ChecR for Copy only, if applicable)
Purchasing: _
Other:
Effective: 5/96
Page I of I
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Missy Stiadle - Fwd: Investment Committee
From:
To:
Date:
Subject:
Missy Stiadle
Anderson, Douglas; McIntyre, Daniel
5/17/20053:11 PM
Fwd: Investment Committee
FYI: Consent agenda item #3B is to ratify Thom Jones as Commissioner Smith's
appointment to the Investment Committee. Mr. Jones has withdrawn his interest
in serving therefore Commissioner Smith will be asking at the Meeting tonight to
appoint Todd Bevan. I just wanted you to be aware that Comm. Smith would be
making this change at tonight's meeting to this agenda item. Thank you!
»> Carin Smith 05/17/05 2:46 PM »>
Hi Missy,
Todd Bevan has agreed to be Commissioner Smith's appointee for the Investment Committee.
He will bring this up during Consent Agenda at tonight's meeting.
Can you please send him an application?
Harbor Federal
c/o Todd Bevan
100 South 2nd Street
Ft. Pierce, 34950
460-7155
Thanks!
CCS
Carin Smith, Executive Aide
Joseph E. Smith
District 1
St. Lucie County Board of Commissioners
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
(772) 462-1410
file:/ /C:\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 000... 5/17/2005
AGENDA REQUEST """'" ITEM NO. 3C_
DATE: May 1 7, 2005
REG U LAR []
PUBLIC HEARING []
CONSENT [X]
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY (DEPTh Administration
-M
o County Administrator
SUBJECT: Citizens Budget Development Com
BACKGROUND: Commissioner Lewis has requested that Jay L. McBee serve as her appointee on
the Citizens Budget Development Committee.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/ A
RECOMMENDA TION: Staff recommends that the Board ratify Commissioner Lewis's appointment of
Mr. McBee to the Citizens Budget Development Committee.
COMMISSION ACTION: E:
..~ APPROVED
[] OTH ER:
[] DENIED
ouglás M. Anderson
Cour\W Administrator
Approved 5-0
Review and Approvals
County Attorney: _ Management & Budget: _
Originating Dept: _ Other:
Finance: (Check for Copy only, if applicable)
Purchasing:
Other:
Effective: 5/96
TO: Board of County Commissioners
SUBMITTED BY (DEPTh Administration
AGENDA REQUEST ...., ITEM NO. 3D_
DATE: May 1 7, 2005
REGULAR []
PUBLIC HEARING []
CONSENT [X]
PRESENTED BY:
SUB1ECT: Bicycle/Pedestrian Advisory Comm tee
BACKGROUND: Commissioner Hutchinson has requested that Linda Boltersdorf serve as her
appointee on the Bicycle/Pedestrian Advisory Committee.
FUNDS AVAILABLE: N/ A
PREVIOUS ACTION: N/ A
RECOMMENDATION: Staff recommends that the Board ratify Commissioner Hutchinson's
appointment of Ms. Boltersdorf to the Bicycle/Pedestrian Advisory Committee.
COMMISSION ACTION: E:
[J'APPROVED
[] OTH ER:
[] DENIED
Approved 5-0
Dougla 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
,
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""""
AGENDA REQUEST
ITEM NO. C. - LJ
DATE: May 17, 2005
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: DON MCLAM
ASSISTANT DIRECTOR
SUBMITTED BY (DEPT): CENTRAL SERVICES
SUBJECT: ESTABLISHMENT OF RIVER PARK MARINA GRANT FUND FROM FLORIDA BOATING
IMPROVEMENT PROGRAM-RESOLUTION NUMBER 05-189
BACKGROUND:
SEE A TTACHED MEMORANDUM
FUNDS WILL BE MADE AVAIL: 310203-7240-563000-7601 (Improvements OIT Building)
PREVIOUS ACTION: On September 21,2004, Item No.1 O-A, the Board of County Commissioners
approved the Florida Boating Improvement Program grant application, funding and Resolution
Number 04-263 for the River Park Marina project.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
Resolution Number 05-189 to establish the grant fund in the amount of $150,000.00, to assist
with the development of the River Park Marina project.
Coooty Attorn"", *
Originating Dep~
~CE:
Doug Anderson
County Administrator
MISSION ACTION:
[X APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
Purchasing Mgr.:
Mgt. & Budget: ./
Other: _PW/(f. f f-.ee ./
I
Other:
Finance: (Check for Copy only, if Applicable)
Eft. 1/97
H:\AGENDA\AGENDA-46 RIVER PARK FBIP GRANT.DOC
'-'
....,;
,
MEMORANDUM
DEPARTMENT OF CENTRAL SERVICES
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Don McLam, Assistant Director
DATE: May 17, 2005
SUBJECT: ESTABLISHMENT OF RIVERP ARK MARINA GRANT FUND FROM FLORIDA
BOATING IMPROVEMENT PROGRAM-RESOLUTION NUMBER 05-189
******************************************************************************
BACKGROUND: On September 21, 2004, Item No.1 O-A, the Board of County
Commissioners approved the submittal of a grant application to the Florida Boating
Improvement Program for the River Park Marina project and acceptance of the grant if
it is approved for funding. In addition, the Board approved Resolution #04-263
authorizing the project manager to administer the grant on behalf of the Board of
County Commissioners.
Staff is requesting authorization to establish the fund in the amount of
$150,000.00 and approval of Resolution Number 05-189, to assist with the construction
of a restroom, parking lot, shoreline revetment, boat dock, canoe launch, fishing
platform, picnic pavilions and trail connection at River Park Marina.
RECOMMENDATION: Staff recommends that the Board of County Commissioners
approve Resolution Number 05-189 to establish the grant fund in the amount of
$150,000.00, to assist with the development of the River Park Marina project.
f
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~
RESOLUTION NO. 05-189
WHEREAS, subsequent to the adoption of the budget for the S1. Lucie County Board of County
Commissioners, certain funds not included at the time of adoption are available from the State of Florida Fish
and Wildlife Conservation Commission Florida Boating Improvement Program (FBIP) in the form of a grant in
the amount of $150,000 as additional funding for the River Park Marina in St Lucie County.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the S1. 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 S1. Lucie County, Florida,
in meeting assembled this 17th day of May, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds
are hereby appropriated for the fiscal year 2004-2005, and the budget for the S1. Lucie County Board of
County Commissioners is hereby amended as follows:
REVENUES
310203-7240-334712-7601
Florida Boating Imp. Program
$150,000
APPROPRIATIONS
310203-7240-563000-7601
Improvements OfT Buildings
$150,000
After motion and second the vote on this resolution was as follows:
Commissioner Frannie Hutchinson, Chairperson
Commissioner Doug Coward, Vice Chairperson
Commissioner Joseph E. Smith
Commissioner Chris Craft
Commissioner Paula A. Lewis
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED THIS 17th DAY OF MAY, 2005.
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
ATTEST:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
\
~
COUNTY ~
FLORIDA
---
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[X] APPROVED
CJ OTHER
Approved 5-0
\"uumy Attorney
Originating Dept.:
Finance:
Approved 5-0 Item pulled
prior to the meeting. Comm.
Hutchinson ast?ed that the
item be put bact? on since her
questions and concerns had
been addressed.
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Agenda Request
c5·A _
05117105
Item Number
Date:
Consent
Regular
Public Hearing
Leg. [ ]
[ X ]
[ ]
[ ]
Quasi-JD [ ]
Board of County Commissioners Presented By
Growth Management ~;::: __ ~ ~
Assistant County AcÌmìrilSìrator
Consider Draft Resolution 05-138 granting Major Site Plan approval for the project to be
known as Sunrise Lake Estates Subdivision for property located on the west side of
Sunrise Boulevard, approximately % mile north of West Midway Road and % mile south
of Weatherbee Road.
The petitioner, Buccaneer Development, Inc., has requested Major Site Plan approval for
the project to be known as Sunrise Lake Estates Subdivision on property located on the
west side of Sunrise Boulevard, approximately % mile north of West Midway Road and
% mile south of Weatherbee Road. The project consists of 26 residential lots.
N/A
On March 1, 2005, this Board granted a right-of-way abandonment for a portion of
Sunrise Boulevard.
Staff recommends approval of Draft Resolution 05-138 granting Major Site Plan approval
for the project to be known as Sunrise Lake Estates Subdivision, subject to 2 limiting
conditions.
D DENIED
z~
/ Douglas M. Ander5Òn
County Administrator
,J{
Coordinationl Signatures
Mgt. & Budget:
Environ. Res. Division:
Purchasing:
Other.
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COUNTY ~
FLORIDA
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Commission Review: May 17, 2005
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO: County Commission
FROM: Assistant County Administrator
DATE: May 11, 2005
SUBJECT: Petition of Buccaneer Development, Inc., for Major Site Plan Approval
for the project to be known as Sunrise Lake Estates Subdivision,
consisting of 26 single-family residential lots - Draft Resolution 05-138.
LOCATION: West side of Sunrise Boulevard, approximately % mile
north of West Midway Road and % mile south of
Weatherbee Road.
EXISTING ZONING: RS-3 (Residential, Single-Family - 3 dulacre)
FUTURE LAND USE: RU (Residential Urban)
PARCEL SIZE: 10.91 acres
SURROUNDING ZONING:
SURROUNDING LAND USES:
RS-3 to the north, west, east, and south.
The general existing use surrounding the property is
residential with vacant residential property.
The Future Land Use Classification of the surrounding
area is RU (Residential Urban) to the north, west, and
south.
FIRE/EMS PROTECTION:
Fire Station Number #6 (350 East Midway Road) is located
approximately 2.5 miles to the east across South U.S.
Highway NO.1. The St. Lucie County Fire District - Fire
Marshall's Office has reviewed the project. Attached is
their sign off sheet.
UTILITY SERVICE:
The subject property is in the Ft. Pierce Utilities Authority
(FPUA) service area.
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May 11, 2005
Page 2
Subject: Sunrise Lake Estates Subdivision
Major Site Plan
TRANSPORTATION IMPACTS:
Right-of-Way
Adequacy:
Sunrise Boulevard is a 40 foot right-of-way. The developer
of Sunrise Lake Estates SID will be donating an additional
20 feet of right-of-way for future roadway expansion needs.
Scheduled Area
Improvements:
None.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity
***-*-*-*-*-*****-*-******--*-*-**-*-*-****-*-*-*-***
STANDARDS FOR SITE PLAN REVIEW
Section 11.02.07, of the St. Lucie County Land Development Code identifies the Standards of
Review for all proposed Site Plans. These standards must be met in order for any site plan
approvals to be considered. Staff has reviewed the request for Major Site Plan approval,
utilizing these requiri!ments and notes the following:
A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN
The proposed building or use is consistent with the general purpose, goals, objectives,
and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code
and Compiled Laws of St. Lucie County; and the proposed use complies with all
additional standards imposed on it by the particular provisions of this Code authorizing
such use and any other requirement of the Code and Compiled Laws of St. Lucie
County.
The proposed Sunrise Lake Estates SID site plan is consistent with the general purpose,
goals, objectives, and standards of the St. Lucie County Land Development Code, the
St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie
County.
The RU (Residential Urban) Future Land Use Classification allows the RS-3
(Residential, Single-Family - 3 du/acre) Zoning District.
Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum
intensities for theRU (Residential Urban) Future Land Use Category as allowing a
maximum density of 5 dwellings per acre. The proposed Sunrise Lake Estates SID
proposes a density of 2.3 units per acre.
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May 11, 2005
Page 3
Subject: Sunrise Lake Estates Subdivision
Major Site Plan
B. EFFECT ON NEARBY PROPERTIES
1. The proposed building or use will not have an undue adverse effect upon nearby
property, the character of the neighborhood, traffic conditions, parking, utility
facilities, and other matters affecting the public health, safety, and general
welfare.
The proposed Sunrise Lake Estates SID project has been determined to not
have an undue or adverse effect upon nearby properties. The development is
not expected to cause any of the transportation links in this area to fall below an
acceptable minimum level of service. The developer of Sunrise Lake Estates
SID will donate an additional 20 feet of right-of-way for Sunrise Boulevard
expansion.
The Ft. Pierce Utilities Authority will be servicing the proposed project with water
and sewer. The applicant has provided verification from this entity that sufficient
capacity is available to meet the demands of the project.
2. All reasonable steps have been taken to minimize any adverse effect of the
proposed building or use on the immediate vicinity through building design, site
design, landscaping, and screening.
The applicant for the proposed project has designed the project in a manner that
properly screens the project from adjacent property through landscaping and
screening.
3. The proposed building or use will be constructed, a"anged, and operated so as
not to interfere with the development and use of neighboring property, in
accordance with applicable district regulations.
The design of the proposed project has been determined not to interfere with the
development or use of neighboring properties.
C. ADEQUACY OF PUBLIC FACILITIES
The proposed building or use complies with the standards of Chapter ~ Adequate
Public Facilities.
The development is not expected to cause any of the transportation links in this area to
fall below an acceptable minimum level of service. The developer of Sunrise Lake
Estates will be donating an additional 20 feet of right-of-way for future expansion of
Sunrise Boulevard and will be constructing right and left turn lanes at the entrance to the
development as a part of the œnstruction of the project.
D. ADEQUACY OF FIRE PROTECTION
The applicant has obtained from the St. Lucie County Fire District written confirmation
that the proposed site plan conceptually meets the minimum access and water supply
requirements for fire protection services at this facility.
,.,..-- ......... ---- ---
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May 11, 2005 Subject: Sunrise Lake Estates Subdivision
Page 4 Major Site Plan
The applicant has obtained confirmation (copy attached) from the St. Lucie County Fire
District that the proposed plan conceptually meets the minimum access and water
supply requirements for fir~ protection services at this facility.
E. ADEQUACY OF SCHOOL FACILITIES
The proposed building or use will be served by adequate school facilities.
The proposed Sunrise Lake Estates SID project will have an impact on the County
school system. At a ratio of 0.34 student per dwelling unit, 9 students can be expected
to be added to the school system. The St. Lucie County School Board was provided
with a project site plan, but has not provided comments for the project. The developer
has been advised to contact the school board planning office directly to coordinate
school board needs and concerns.
F. ENVIRONMENTAL IMPACT
For developments required to provide an environmental impact report under Section
11.02.09(A)(5), the proposed development will not contravene any applicable provision
of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment
Analysis", of the St Lucie County Barrier Island Study Analysis of Growth Management
Policy Plan, Kimley-Hom and Associates, Inc. (August 1982).
The applicant has provided an Environmental Impact Report. The proposed project
contains a pond that is associated with the previous grove operation on the property. A
small tree preservation area has been provided on the northern side of the project
adjacent to the retention pond, which will be enhanced to include a littoral zone. There
will be some impacts to trees and the developer's representative has provided a tree
mitigation plan.
COMMENTS:
The applicant, Buccaneer Development, Inc., has applied for major site plan approval for the
project to be known as Sunrise Lake Estates Subdivision, which is a proposed 26 single-family
residential project located on the west side of Sunrise Boulevard, approximately 1/4 mile north
of West Midway Road and % mile south of Weatherbee Road and is zoned RS-3 (Residential,
Single-Family - 3 du/acre). The project qualifies to be reviewed as a major site plan because it
contains 10 residential lots or more.
Staff has determined that the proposed major site plan is compatible with the existing and
proposed uses in the area. This petition meets the standards of review as set forth in Section
11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan.
Attached is a copy of Draft Resolution 05-138, which, if approved, would grant this request for a
Major Site Plan Approval, subject to the following conditions:
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May 11,2005
Page 5
Subject: Sunrise Lake Estates Subdivision
Major Site Plan
1. Prior to issuance of the first Certificate of Occupancy for the proposed 26-lot single-family
project, the petitioner, his successors o(assigns, shall convey to Sl Lucie County, in manner
and form acceptable to the St. Lucie County Attorney, the east 20 feet of the parcel, for the
future widening of Sunrise Boulevard. To the extent permitted under the County's Code and
Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits.
2. Prior to issuance of the first Certificate of Occupancy for the proposed 26-lot single-family
project, the petitioner, his successors or assigns, shall construct right and left turn lanes for the
proposed project on Sunrise Boulevard.
Staff recommends approval of Draft Resolution 05-138.
Please contact this office if you have any questions on this matter.
SUBMITTED:
~ r.- r"\~
Faye Outlaw
Assistant County Administrator
~
hf
cc: Fred W. van Vanna, Esquire - Fox, Wackeen, Dungey, Sweet, Beard, Sobel & McCluskey, L.L.P.
Jeff Waters - Thomas Lucido & Associates, Inc.
File
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RESOLUTION 05-138
FILE NO.: MJSP-04-010
A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR THE PROJECT TO BE KNOWN AS
SUNRISE LAKE ESTATES SUBDIVISION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Buccaneer DeveloDment. Inc.. has applied for major site plan approval for the project
to be known as Sunrise Lake Estates consisting of 26 single-family lots for property
located on the west side of Sunrise Boulevard, approximately % mile north of West
Midway Road and % mile south of Weatherbee Road in the RS-3 (Residential,
Single-Family - 3 du/acre) Zoning District for the property described in Part B.
2. The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet minimum technical requirements of the St. Lucie County
Land Development Code and to be consistent with the future land use maps from
the St. Lucie County Comprehensive Plan.
3. The proposed project is minimally consistent with the general purpose, goals,
objectives, and standards of the St. Lucie County Land Development Code, the St.
Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
4. The proposed project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities, or other
matters affecting the public health, safety, and general welfare.
5. The proposed project has taken steps to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening. The project has been determined to meet minimum
technical standards.
6. The proposed project will be constructed, arranged and operated so as not to
inteñere with the development and use of neighboring property, in accordance with
applicable district regulations.
7. The proposed project will be served by adequate public facilities and services.
8. The applicant has applied for and received a certificate of capacity, a copy of which
is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County
Land Development Code.
FileNo.:MJSP-04-010
May 17. 2005
Resolution 05-138
Page 1
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site
pJan for the project known as Sunrise Lake Estates Subdivision, is hereby approved as shown on
the site plan drawings for the project prepared by Thomas Lucido & Associates, Inc., dated
January 13, 2005, and date stamped received by the St. Lucie County Growth Management
Director on March 3, 2005, for the property as described below, subject to the following conditions:
1. Prior to issuance of the first Certificate of Occupancy for the proposed 26-lot
single-family project, the petitioner, his successors or assigns, shall convey to Sl
Lucie County, in manner and fonn acceptable to the Sl Lucie County Attorney, the
east 20 feet of the parcel, for the future widening of Sunrise Boulevard. To the
extent pennitted under the County's Code and Compiled Laws, any such
dedication may be considered eligible for Road Impact Fee Credits.
2. Prior to issuance of the first Certificate of Occupancy for the proposed 26-1ot
single-family project, the petitioner, his successors or assigns, shaH construct
right and left turn lanes for the proposed project on Sunrise Boulevard.
B. The property on which this Major Site Plan is being granted is described as follows:
LOTS 1 AND 2, BLOCK 51 OF WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 21, PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, ALSO THE SOUTH 700 FEET OF OUTLOT 23 OF WHITE CITY
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLATT BOOK 1, PAGE 21, PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA EXCEPTING THEREFROM, HOWEVER, ALL
RIGHTS-OF-WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. ALL THE ABOVE
PROPERTY LYING AND BEING IN SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST.
(TAX ID #: 3404-501-0680.ooon)
(Location:
West side of Sunrise Boulevard, approximately Y. mile north of West
Midway Road and Y. mile south of Weatherbee Road)
C. This Major Site Plan approval shall expire on May 17, 2007, unless an extension is granted
in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or final plat
approval has been granted.
D. The Final Site Plan approval granted under this resolution is specifically conditioned to the
requirement that the petitioner, Buccaneer Development, Inc., including any successors in interest,
shall obtain all necessary development permits and construction authorizations from the appropriate
State and Federal regulatory authorities, including but not limited to; the United States Army Corps
of Engineers, the Florida Department of Environmental Protection, and the South Florida Water
Management District, prior to the issuance of any local building permits of authorizations to
commence development activities on the property described in Part B.
Fi\eNo.:MJSP-04-010
May 17, 2005
Resolution 05-138
Page 2
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E. A copy of this resolution shall be attached to the site plan drawings described in Part A,
which plan shall be placed on file with the St. Lucie County Growth Management Director.
F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this
order. If this order expires or otherwise terminates, the certificate of capacity shall automatically
terminate.
G. A copy of this Order shall be mailed, return receipt requested to the developer and agent of
record as identified on the site plan applications.
H. This Order shall be recorded in the Public Records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson
xxx
XXX
XXX
XXX
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Vice-Chairman Doug Coward
Commissioner Paula A. Lewis
Commissioner Joseph E. Smith
Commissioner Chris Craft
PASSED AND DULY ADOPTED This 17th Day of May 2005.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
Deputy Clerk
hf
H:\Word\Petitions\BCC\Finished.05\SunriseLakeEstatesSD.SP\SunriseLakeEstatesRES.doc
FiIeNo.:MJSP-Q4-010
May 17, 2005
Resolution 05-138
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Exhibit A
Certificate of Capacity
FileNo.:MJSP-Ð4-010
May 17, 2005
Resolution 05-138
Page 4
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Development Review Committee
Site Plan Sign-Off Sheet
Site Plan Name:
_Sunrise Lake Estate
Site Plan Number:
_MJSP-04-010
Division:
St. Lucie Countv Fire District
DRC Member:
CaDt. Buddv Emerson
Phone #:
462-8306
Review Date:
_6/28/04_& 11/17/04
I have reviewed the above referenced site plan and determined the following:
o
Site Plan Approved with Conditions: D
(List all conditions in full format on how you wish for them to be listed in the development order)
Site Plan Approved
Site Plan Rejected (give reasons): D
Required revisions or reasons for rejection (attach additional sheets if necessary):
1. Pleaso provide a I:Jtility plan showing IJlater main sizes and hydFant leGations. The Revisod Utility
Plan deos not Gonform to Fire District Rosolution 4013 03. 1\ soparato mooting is requirod to rosolvo
this issuo. Until sI:Jch time, the prejoÐt Gannet 1:>0 approvod.
2. Ploase provido an oloGtreniG eopy ot the sito plan (.dwg er .pdt format)
Page 1 of 1
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To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[i] APPROVED
C=:J OTHER
Approved 5-0
vounty Attorney
Originating Dept.:
Finance:
~
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Agenda Request
Item Number
Date:
C5B
05117105
Consent
Regular
Public Hearing
Leg. [ ]
[ X ]
[ ]
[ ]
Quasi-JD [ ]
Presented By
~ C-- ~'Î ~
Assistant County Administrator
Consider Draft Resolution 05-142 Amending the Legal Desaiption contained within
Resolution 05-008, which granted Preliminary and Final Planned Development Site Plan
Approval for the Project to be Known as Celebration Pointe - A Planned Unit
Development and a Change in Zoning from the R5-3 (Residential, Single-Family - 3
dulacre) and RM-5 (Residential, Multiple-Family - 5 dulacre) Zoning Districts to the PUD
(Planned Unit Development) Zoning District for United Homes International, Inc.
Board of County Commissioners
--
~
Growth Management
__r
Following the recordation of Resolution 05-008 by this Board. l>taff determined that the
vote, Condition #2. and Condition #5 cited within the recorded resolution were in error.
N/A
On January 18, 2005, this Board granted Preliminary and Final Planned Unit
Development approval and a Change in Zoning to the PUD (Planned Unit Development -
Celebration Pointe) Zoning District. At their November 18. 2004, meeting the St. Lucie
County Planning and Zoning Commission, by a vote of 6 to 1 (Mr. Hearn) with two
members (Mr. Trias and Ms. Morgan) absent, recommended approval of the requested
Preliminary Planned Unit Development Approval and a Change in Zoning to the PUD
(Planned Unit Development - Celebration Pointe) Zoning District.
Staff recommends approval of Draft Resolution 05-142 amending Resolution 05-008.
D DENIED
¿;!:RRENŒ
/-t Douglas M. Anderson
County Administrator
~
Coordination! Signatures
Mgt. & Budget:
Environ. Res. Division:
Purchasing:
Other:
'-'
.....,
Commission Review: May 17, 2005
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
County Commission
Assistant County Administrator
May 11, 2005
Amending Resolution 05-008, which granted Preliminary and Final Planned
Development Site Plan Approval for the Project to be Known as Celebration
Pointe _ A Planned Unit Development and a Change in Zoning from the RS-3
(Residential, Single-Family -3 du/acre) and RM-5 (Residential, Multiple-Family-
5 du/acre) Zoning Districts to the PUD (Planned Unit Development) Zoning
District for United Homes International, Inc.
On January 18, 2005, through Resolution 05-008, this Board approved the Petition of United Homes
International, Inc. for Preliminary and Final Planned Development Site Plan Approval for the Project to be
Known as Celebration Pointe - A Planned Unit Development and a Change in Zoning from the RS-3
(Residential, Single-Family - 3 du/acre) and RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning
Districts to the PUD (Planned Unit Development) Zoning District. Following the recordation of Resolution
05-008 by this Board, staff determined that the vote cited within that resolution, Condition #2, and
Condition #5 had errors.
Condition #2 should have read as follows:
2. Prior to the issuance of the first Certificate of Occupancy (CO) for the proposed project, the
petitioner, his successors or assigns, shall construct Swain Road to minimum St. Lucie County
specifications to include pedestrian and bicycle paths.
Condition # 5 should have read as follows:
5. The irrigation system within this project shall be designed to accept water from the on-site
retention areas. Permits shall be required to be obtained from the South Florida Water
Management District.
Draft Resolution 05-142, if approved, will provide a corrected vote, Condition #2, Condition #5 of the
resolution. Staff recommends approval of Draft Resolution 05-142.
Please contact this office if you have any questions on this matter.
SUBMITTED:
---.-. ~---=:>
Faye Outlaw
Assistant County Administrator
hf
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RESOLUTION 05-142
FILE NO.: RZ-04-0151PU[)004.016
A RESOLUTION AMENDING THE VOTE, CONDITION
#2, AND CONDITION #5 CITED WITHIN RESOLUTION
05..QOS, ADOPTED ON JANUARY is, 2005, FOR
PRELIMINARY AND FINAL PLANNED UNT
DEVELOPMENT APPROVAL FOR THE PROJECT TO
BE KNOWN AS CELEBRATION POINTE, AND A
CHANGE IN ZONING CLASSIFICA rlON OF CERTAIN
PROPERTY IN ST. LUCIE COUNTY, FLORIDA FOR
PETITIONER UNITED HOMES INTERNATIONAL, INC.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. On January 18, 2005, this Board held a public hearing and voted to grant
Preliminary and Final PUD approval and a Change in Zoning dassification through
Resolution 05-008, for Petitioner United Homes International, Inc.
2. Following the recordation of Resolution 05-008, staff determined that the vote
cited within that resolution was in error
3. Following the recordation of Resolution 05-142, staff determined that Condition
#2 cited within that ordinance contained an error.
4. Following the recordation of Resolution 05-142, staff determined that Condition
#5 cited within that ordinance contained an error.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. The vote which this Change in Zoning effects is as follows:
Chairman Frannie Hutchinson
AYE
Vice-Chairman Doug Coward
AYE
Commissioner Paula A. Lewis
AYE
AYE
Commissioner Joseph E. Smith
Commissioner Chris Craft
AYE
File No.: RZ..()4-()15/PUD-04-016
May 17, 2005
Resolution 05-142
Page 1
,
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B. Condition #2 cited within the resolution should have read as follows:
2 . Prior to the issuance of the first Certfficate of Occupancy (CO) for the proposed project,
the petitioner, his successors or assigns, shall construct Swain Road to minimum St.
Lucie County specifications to include pedestrian and bicycle paths.
C. Condition #5 cited within the resolution should have read as follows:
5. The irrigation system within this project shall be designed to accept water from the on-
site retention areas. Permits shall be required to be obtained from the South Florida
Water Management District.
D. All the terms, findings, and conditions otherwise cited in Resolution 05-008, approved on
January 18, 2005, are hereby incorporated by reference in Resolution 05-142.
E. A copy of this resolution shall be retained in the petition file with the St. Lucie County
Growth Management Director.
After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson
xxx
Vice-Chairman Doug Coward
xxx
Commissioner Paula A. Lewis
xxx
XXX
XXX
Commissioner Joseph E. Smith
Commissioner Chris Craft
PASSED AND DULY ADOPTED this 17th Day of May 2005.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM AND
CORRECTNESS:
Deputy Clerk
County Attorney
hf
H:\WORD\Petitions\BCC\Finished2005\CelebrationPointe.PD\CelebrationPointeRES.wpd
File No.: RZ-04-015IPUD..()4..016
May 17, 2005
Resolution 05-142
Page 2
,.
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....,
AGENDA REQUEST
ITEM NO. 5(2,
DATE: May 17, 2005
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
~~~~
PRESENTED BY: Jtl~ Asst C
Admin
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): Growth Management
SUBJECT: Approval to add two new positions titles Mapping Technician to the Growth Management
Department in the FY05 Budget.
BACKGROUND: This request is a result of the reorganization of the GIS and Information Technology
Departments. The GIS titled positions were transferred to the Information Technology Department
budget in FY05. Two GIS Analysts III positions are currently filled by existing Growth Management Staff.
These technical positions are required to further support the GIS requirements of the County·
Departments as summarized in the GIS study conducted by the Information Technology Department.
Once approved, these two Growth Management personnel are to be transferred into these Mapping
Technician positions. Please reference the attached job description.
FUNDS AVAIL: Funds are available in the current Growth Management FY05 budget to cover
these costs.
PREVIOUS ACTION: None.
RECOMMENDATION: Staff recommends the Board of County Commissions approve the request to
add two new Mapping Technician positions to the Growth Management Department effective May 10,
2005.
COMMISSION ACTION:
[]J APPROVED [] DENIED
[ ] OTHER:
E:
Approved 5-0
ouglas Anderson
County Administrator
Review and ADDrovals
County Attorney:
Management & Budget:
Purchasing:
Originating Dept:
Other:
· . ."" i
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~
JOB CODE: 538
PAY GRADE: 19
SALARY: $17.65 - $27.81
MAPPING TECHNICIAN
MAJOR FUNCTION: Manipulates and maintains spatial database records for use with a computer
based geographic information system (GIS). Operates GIS workstation, performs digital base map
updates, prepares exhibits and thematic maps, provides support for special projects that relate to
spatial, demographic, or tabular data contained in the GIS database.
JOB FUNCTION: Performs data collection and mapping design work. Conducts these functions in the
development and support of the Department's geographic information system (GIS). Creates maps,
reports and GIS data sets on computer automated mapping and database management systems for
research, decision support and presentation purposes. Updates, maintains and ensures the accuracy
of digital data tables, graphics and GIS data sets. Handles customer service requests for public
domain data. Performs Department related work as requested or assigned.
KNOWLEDGE, ABILITIES AND SKILL NEEDED IN ORDER TO PERFORM THE ESSENTIAL JOB
FUNCTIONS:
Knowledge: Knowledge of standard statistical principals, methods and research techniques.
Knowledge of computer automated mapping, geographic data collection methods and automated data
management systems. Knowledge of current Microsoft Windows operating systems. Ability to deal
effectively with the public. Ability to present facts clearly and accurately in graphic form. Ability to work
well under pressure with fixed deadlines. Ability to establish and maintain effective working
relationships with members of the Department and other agencies.
EDUCA TION: Associate's degree or equivalent course work at a technical or vocational school in
geographic information systems, geography, planning, civil engineering, computer science, or a
related field. Additional qualifying education, professional certification and experience, that provide
the necessary knowledge, skills and abilities, will be considered in lieu of the required college
education.
EXPERIENCE: At least two (2) years of experience in relational database utilization, GIS mapping
applications and operation is required. Experience with ESRIIArcMap and Microsoft Office products is
desired.
WORK HAZARDS: Occasional field visits to undeveloped, agricultural areas and areas under
development, with attendant hazards.
LICENSE, CERTIFICATION, OR REGISTRATION: Valid Florida Driver's License is required.
I Union
Non-Union
II
I Exempt
Non-Exempt
II
~
lit
,
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AGENDA REQUEST
ITEM NO:
C-6
DATE:
May 17, 2005
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 A PUMP FOR THE PARADISE PARK POOL - BUDGET AMENDMENT BA05-134
AND EQUIPMENT REQUEST EQ05-328
BACKGROUND:
On April 5, 2005, the Board approved the use of County and FEMA funds on a joint
effort to repair the Paradise Park pool in the amount of $110,400.00. The repairs
should be completed by the end of this month. In order to ensure that the pool is
fully operational for programming, the pump needs to be replaced. Staff, in an
effort to minimize costs, unsuccessfully attempted to rebuild the motor on the old
pump. This agenda requests the Board approval to purchase a new pump at a cost of
$4,200.00, including shipping.
FUND WILL BE MADE AVAILABLE IN:
001-7210-564000-700 Parks (Machinery and Equipment)
RECOMMENDATION:
Staff requests the board's approval of Budget Amendment BA05-134 and Equipment
Request EQ05-328 to purchase the aquatic pump for the Paradise park pool at a
cost of $4,200.00.
COMMISSION ACTION:
CONCURRENCE:
x]
APPROVED
DENIED
OTHER:
~sòn
County Administrator
Approved 5-0
County AttorneY:~
Coordination/Signatures
Management & Budget: ~wB t'\Cf\~ Purchasing:
Originating Dept: ~>·f._...".
/
Other:
Finance:
(if applicable)
H:\AGENDAS 04-05\5-17-05-PARADISE PUMP.DOC
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Board 01
Q.ounIVCommis.siO.ßØfS
'arks & Recreali.Qn
Deparlmeßt
MEMORANDUM
To:
Board of County Commissioners
From:
Administrative Manager, Parks and Recreation
Thru:
Director, Parks and Recreation
Subj:
PURCHASE OF A PUMP FOR THE PARADISE PARK POOL - BUDGET AMENDMENT BAOS-134
AND EQUIPMENT REQUEST EQOS-328
Date:
May 10, 2005
The Board of County Commissioners recently granted approval to proceed with
the repair of the pool and its drainage system at Paradise Pårk. Funds
from a previously approved project was re-allocated and combined with FEMA
dollars to do the repairs. That project is on track, and expected to be
completed by the end of the month. To make sure that the pool is ready for
programming this summer, staff is requesting the board's approval to
purchase a new pump. Staff made a valiant effort to rebuild the old motor
to no avail. The new pump costs $4,200.00, including shipping.
H:\AGENDAS 04-05\5-17-05-PARADISE PUMP. DOC
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BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Parks & Recreation
PREPARED DATE: 5/10/2005
AGENDA DATE: 5/17/2005
ACCOUNT NUMBER ACCOUNT NAME AMOUNT
TO: 001-7210-564000-700 Machinery and Equipment $4,200
FROM: 001-7210-546300-700 Grounds Maintenance $4,200
REASON FOR BUDGET AMENDMENT: To fund replacement pump at Paradise Park Pool.
Not able to rebuild motor on the old pump.
"-"
CONTINGENCY BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
DEPARTMENT APPROVAL: (~~
OMB APPROVAL: P Lv (<,
BUDGET AMENDMENT #: BA05-134
DOCUMENT # & INPUT BY:
'-'
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ITEM NO. C-7.
DATE: May 17,2005
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO:
BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
Michael V. Powley, P.
County Engineer
SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115)
SUBJECT: ,
Approve Change Order No.2 in the amount of$8,045.91 for the Selvitz Road and North St. Lucie River Water Control
District Canal 100 Emergency Culvert Replacement project.
BACKGROUND:
Please see attached memorandum.
FUNDS AVAILABLE:
Funds are available oil Purchase Order P2510126; dated October 6,2004 in the amount of $350,000, in Transportation
Trust/Constitutional Gas Tax in account 101002-4112-563000-190026.
PREVIOUS ACTION:
October 4, 2004 - Board approved awarding of contract to Johnson-Davis, Inc. under emergency provisions.
October 6,2004 - Purchase Order P2510126 was issued for emergency repairs in the amount of$350,000.
March 8, 2005 - Board approved Change Order No.1 in the amount of $12,700.60.
RECOMMENDATION:
Staff recommends the Board approve and authorize the Chair to sign Change Order No.2 in the amount of$8,045.91 for
the Selvitz Road and NSLRWCD Canal 100 Emergency Culvert Replacement project.
COMMISSION ACTION:
[ )(APPROVED
r 1 A'T"Llr-n
Approved 5-0
[ ] DENIED
G07CE:
¿ .
Douglas Anderson
County Administrator
['J Mg!. & B,dge' ~tII~ ['J Proj. Moo. C\ . t
· [x] Fiscal Coor. P.> [ ] Env. Res. Div.
,
~
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DIVISION OF ENGINEERING
MEMORANDUM
05-116
FROM:
Michael Powley, County Engineer
Michael Harvey, Engineer Intern p'ìh
TO:
DATE:
May 5, 2005
SUBJECT: Selvitz Road and Canal 100 Culvert Replacement
ææææææææææææææææææææææææææææææææææ===========--=========--=======------
During Hurricane Frances the culvert pipe at Selvitz Road and North St. Lucie River
Water Control District Canal 100 failed creating a large hole in Selvitz Road. The plans
were developed quickly and Johnson-Davis, Inc. began repairs immediately. After
construction was complete it was found that our design needed to be modified in light of
the observed existing drainage. Also, the Boy Scout Camp made a request to have a
fence placed on top of the headwall.
.~_.-.
"
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CHANGE ORDER
ST. LUCIE COUNTY
PROJECT: Selvitz Rd. & Canal 100 Culvert Replacement
(name, address) HURRICANE FRANCES
CHANGE ORDER NUMBER: 2& Final
INITIATION DATE: 5/02105
TO (Contractor):
CONSULTANT'S PROJECT NO.: N/A
Johnson-Davis, Inc.
604 Hillbrath Dr.
Lantana, FL 33462
ST. LUCIE COUNTY
CONTRACT NO: N/A
CONTRACT DATE: 10/5/04 & 10/12/04
You are directed to make the following changes in this Contract:
(Additional sheet attached as Exhibit A - Yes)
SEE ATIACHED EXHIBIT "A"
rhe original (Contract Sum) was ................ .... .................. .................. ................................................... ........... ..... ... $251,600.00
\Jet change by previous authorized Change orders................................................................................................... $12.700.60
rhe (Contract Sum) prior to this Change Order was..............:................................................................ ................. $264,300.60
rhe (Contract Sum) will be increased
,y this Change Order... ........ ...................... ........ ................... ............ ......... ............................... ................ ............ ....... $8,045.91
rhe new (Contract Sum) including this Change Order will be................................................................................. $272,346.51
rhe Contract Time will be changed or unchanged by .................................................................................................... (15)Days
rhe Date of Substantial Completion as of the date of this Change Order therefore is: 5/30/05
:unds Available:
Account Number
101002-4112-563000-190026
"he adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed
1e Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that
1e stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays
lssociated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work
nder this Contract. Signing of the Change Order constitutes full and mutual accord and satisfadion for the adjustment in contrad price or time as a
õ!sult of increases or decreases in costs and time of performance caused directly and indiredly from the Change Order, subjed to the current scope
f the entire work as set forth in the Contrad Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor
1at the Change Order represents an equitable adjustment to the Contrad, and that Contractor will waive all rights to file a claim on this Change
Irder after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications.
5/02/05
Date
/02/05
Date
Agreed To:
Authorized:
St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982
Johnson-Davis
Contractor
By:
L 33462
By:
Date
Approved as to Form and Correctness
5 .B ''''J
ate
County Atlomey
Project: Selvitz Road @ Canal 1 00 Emergency Culvert Replacement
CHANGE ORDER #2
Contractor Johnson-Davis
Notice to Proceed Date:
Additional Time: 0 Da s
Bid
IteITÍ
550-73A
999A
~ ..--.... '.......
~
"""'"
.. Description
Fence on Headwall
Modify Existing Drainage
1.00
1.00
Unit
Price
$1,133.00
$6,912.91
Total
Total
Price
$1,133.00
$6,912.91
$8,045.91
AGENDA REQUEST
'-frEM NO.: 8 A
DATE: May 17, 2005
CONSENT [X]
REGULAR []
PUBLIC HEARING []
Leg. [ ] Quasi-JD. [ ]
TO: Board of County Commissioners PRESENTED BY:
SUBMITTED BY (DEPT): Grants Roberta Breene, Grants Writer
SUBJECT: Authorize the submittal of a Transportation Enhancement grant application to the Florida
Department of Transporté. don for FY 2008/2009 funds to assist in the design and
construction of landscape, irrigation and lighting enhancements to the proposed Walton
Road Improvement project.
Walton Road requires widening in order to provide adequate system linkage relative to
connection and circulation for US Hwy 1, Lennard Road, Green River Parkway, and Indian
River Drive. Planned improvements to Lennard Road, as well as the connection of Green
River Parkway with Jensen Beach Boulevard in Martin County and its subsequent
connection with US Hwy 1 north of the Roosevelt Bridge in Martin County will all feed more
traffic into the project area.
BACKGROUND:
The approximately 1.0 mile long project segment is defined as that portion of Walton Road
beginning approximately 330 ft. west of Village Green Drive and extending approximately
835 feet east of the Lennard Road intersection.
The widening project is a FDOT project on a County-owned road. Road construction is
scheduled to begin in 2009. The PD&E study provides for a 22-foot landscaped median and
a landscape buffer near an 8-foot meandering sidewalk on both sides of the project site.
The Metropolitan Planning Organization (MPO) has requested that enhancement
applications be submitted to them for review prior to their submitting them to FDOT. Since
funds for current applications to the St. Lucie County MPO are limited to $430,000, not all
applications submitted by the County and the Cities will be funded. Transportation
enhancement projects programmed for this cycle would be funded in FY 2008/2009.
Although the enhancement project funds could be available in FY 2008/2009, Staff
recommends that $50,000 be budgeted in FY 2007/2008 so that design and engineering
of the landscaping, lighting and irrigation can begin. These funds would be used as a
match for this project. The County has budgeted $1 MM in the 2005 budget for the design
phase of Walton Road. If needed, these funds could also be used a match.
PREVIOUS ACTION: There has been no previous action on this project.
FUNDS AVAIL.:
RECOMMENDATION: Staff recommends that the Board authorize the submittal of this Transportation
Enhancement Application to the Florida Department of Transportation.
~ISSION ACTION:
raT APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
County Attorney. ì ~
Originating Dept. l~
Finance. (copies only).
D gla Anderson
County Administrator
Coordination/Signatures
Mg' . Budge', ~
Public Works. ~,
Purchasing.
Other.
AgeUF2002.doc
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COUNTY '1
LORIDA~
---
To:
From:
Date:
Subject:
Board of County Commissioners
Roberta Breene, Grants Writer
May 10, 2005
BaCC Meeting, May 17,2005, Consent Agenda Item 8 A
Transportation Enhancement Funds - Walton Road Improvement - Background
Walton Road Improvement Project
Walton Road requires widening in order to provide adequate system linkage relative to
connection and circulation for US Hwy 1, Lennard Road, Green River Parkway, and Indian
River Drive. Planned improvements to Lennard Road, as well as the connection of Green
River Parkway with Jensen Beach Boulevard in Martin County and its subsequent connection
with US Hwy 1 (north of the Roosevelt Bridge in Martin County) will all feed more traffic into
the project area. The approximately 1.0 mile long project segment is defined approximately as
between Village Green Drive and Lennard Road. Projects programmed for this Transportation
Enhancement funding cycle would be funded in FY 2008/2009.
The proposed Walton Road widening and the proposed Lennard Road widening and
extension are integrally linked. The City of Port St. Lucie has undertaken the widening of
Lennard Road from US Hwy 1 to Walton Road, including certain transportation
enhancements: urban design (including closed drainage, curbs and gutters), sidewalks, bike
path and enhanced lighting and landscaping. Ideally, the proposed project enhancements
would flow directly and seamlessly into the enhancements made by the City of Port St. Lucie.
As additional background. many studies have recognized that US Hwy 1 will soon not be
capable of handling the expected increases in traffic volumes without significant widening and
the development of alternative north/south corridor routes. These studies also have
recognized and concluded that the only place that these additional lanes could be provided,
and the only place where they would provide for a functional and measurable benefit to the US
Hwy 1 corridor, would be along the Lennard Road corridor.
In addition, the Port St. Lucie Community Redevelopment Area (CRA) Master Plan calls for
the development of streetscape standards for the roadways within the area where currently no
standards exist. The Walton Road project area is located within the 1,700 acre redevelopment
area just east of the proposed mixed-use town center. The CRA Master Plan guides
development and redevelopment within this area.
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AGENDA REQUEST
ITEM NO.88
DATE: December 14, 2004
REGULAR [X]
PUBLIC HEARING []
CONSENT [X]
TO: Board of County Commissioners
SUBMITTED BY (DEPT): Grants
PRESENTED BY:
Bill Hoeffner
Grants Writer
SUBJECT: Accept a grant in the amount of $5,000 from the Caribbean Conservation
Corporation Sea Turtle Grant Program to be utilized to assist the
development an educational exhibit at the St. Lucie County Marine Center.
BACKGROUND: The St. Lucie County Marine Center is redeveloping sea grass and coral
reef ecosystem exhibits. A life-size model of a loggerhead turtle will be
part of these exhibits. This grant will pay for the construction of the
life-size model as well as an informational display and educational
materials regarding sea turtles.
FUNDS AVAIL. : No match funds are required.
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board approve acceptance of the grant and
authorize the Chairperson to sign the grant contract.
[ X] APPROVED
[ ] OTHER:
Approved 5-0
DENIED
;2.
ouglas Andersoñ"
County Administrator
Coordination/Signatures
COMMISSION ACTION:
County Attorney:
Originating Dept:
y
/£?J.
Mgt , Budget:
Publ.ic Works:
Purchasing:
Finance:
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Sea Turtle Grant #05-01OE
CARIBBEAN CONSERVATION CORPORATION
SEA TURTLE GRANTS PROGRAM
GRANT AGREEMENT
Sea Turtle Grant Contract No. 05-010E
THIS AGREEMENT is entered into between "the Parties", CARIBBEAN CONSERVATION
CORPORATION, whose address is 4424 NW 13th Street, Suite A-I, Gainesville, FL 32609
(hereinafter referred to as "CARIBBEAN CONSERVATION") and the ST. LUCIE COUNTY,
whose address is 2300 Virginia Ave, Fort Pierce, FL, 34982 (hereinafter referred to as the
"GRANTEE").
WHEREAS, Section 320.08058 (19), Florida Statutes, created a Sea Turtle Grants Program,
administered by CARIBBEAN CONSERVATION to, in part, provide grants to coastal local
governments, educational and research institutions, and Florida-based nonprofit organizations to
conduct Sea Turtle research, conservation, and education activities that benefit Florida sea
turtles; and
WHEREAS, the GRANTEE is a(n) Florida Coastal Government and qualifies to receive
Sea Turtle grant funding; and
WHEREAS, the project, Smithsonian Marine Ecosystem Exhibit (hereinafter referred to as
the "Project"), was recommended for funding by the Sea Turtle Grants Committee at its March
14, 2005 meeting in Gainesville, Florida, as required by statute;
NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereto agree as follows:
Article I.
Representations
The Parties hereby represent, covenant, and warrant that they have full authority to execute this
Grant Agreement and that the execution of this Grant Agreement shall not knowingly constitute
a breach of the Parties' obligations under any other agreement or contract to which it is a party or
by which it is bound. The Parties further represent, covenant, and warrant that this Grant
Agreement has been duly executed in accordance with their respective procedures and laws.
Article II.
Project Summary, Tasks and Deliverables
The GRANTEE shall fully and timely perform all items of work described in the Project
Summary and Project Tasks and provide CARIBBEAN CONSERVATION with the Project
Deliverables as described in Attachment A and made a part ofthe Grant Agreement.
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Sea Turtle Grant #05-010E
Article III.
Review of Educàtional, Print or Broadcast Materials
If appliciable, the GRANTEE shall provide to CARIBBEAN CONSERVATION, a draft of all
educational. print or broadcast materials. including but not limited to, brochures, flvers.
pamµhlets, billboards, booklets. displavs. CDs. videos and signage, as listed as a Protect
Deliverable in Attachment A. for review and approval by CARIBBEAN CONSERVATION
prior to printing or duplication of the materials. CARIBBEAN CONSERVATION has fifteen
(15) days to review submitted drafts. A revised draft based on the review may be required at the
discretion of CARIBBEAN CONSERV A TION. GRANTEE may not include any language of a
fundraising or membership-development nature on any materials produced with funding
provided by the Sea Turtle Grant Program.
Article IV.
Period of Performance
The period of perfonnance of this Grant Agreement shall commence on May 1, 2005 or upon
execution by both parties, whichever is later, and end on April 30, 2006, inclusive. The Project
must be completed by the expiration date of this Agreement, unless an extension is requested in
writing and approved by CARIBBEAN CONSERVATION.
Article V.
Amount of Grant and Payment Schedule
1. In consideration for perfonnance of the work described herein, and subject to the availability
of funds, CARIBBEAN CONSERVATION shall pay the GRANTEE a total of $5,000.00
(hereinafter referred to as the "Grant Amount") to support the Proj ect distributed according to the
following annual schedule: 80% ($4,000.00) of annual amount upon execution of agreement,
10% ($500.00) upon receipt and approval of the 6-month Programmatic and Financial Reports,
due no later than fifteen (15) days after six (6) months from the commencement of the Grant
Agreement, and the remaining 10% ($500.00) upon receipt and approval of the Final
Programmatic and Financial Reports, Final Project Deliverables and the GRANTEE's signed
Certificate Of Grant Agreement Completion (Attachment F), due no later than thirty (30) days
after the completion date. Grant recipients must meet the 6-month reporting obligation to be
eligible for a continuance of the award for the remainder of the period of perfonnance, and Grant
recipients must meet the Final reporting obligation to be eligible for future awards from this
grants program.
2. CARIBBEAN CONSER V ATION shall have fifteen (15) days from receipt of any report to
review, approve and issue appropriate payment OR reject the report. Acceptance of
Programmatic Reports and Financial Reports is at the sole discretion of. CARIBBEAN
CONSERVATION.
3. If the GRANTEE completes all Project Tasks and Deliverables listed in Attachment A within
six (6) months from the commencement of the Grant Agreement, the Final Reports and
Deliverables can be submitted in place of the 6-month Reports and Deliverables.
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Sea Turtle Grant #05-01 OE
4. Programmatic Reports (Attachment C) should detail the progress made toward the Project
Tasks as described in Attachment A.
5. Financial Reports must include a signed copy ofthe Financial Statement (Attachment D). All
Financial Reports must be signed by a representative other than the Project Manager/Principal
Investigator.
6. By granting funding hereunder, CARIBBEAN CONSERVATION does not make any
warranty, guarantee, or any representation whatsoever regarding any of the work performed
hereunder. CARIBBEAN CONSERVATION will receive research project results, reports, data,
and deliverables "as is" without warranty of any kind, either express or implied, including
without limitation the implied warranties of merchantability and fitness for a particular purpose.
Grantee is not liable for any direct, indirect, consequential, special or other damages suffered by
sponsor as a result of CARIBBEAN CONSERVATION's use of project results, reports, data, or
deliverables.
Article VI.
Modification or Amendment
No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless approved in writing by the parties. In the event that the
GRANTEE anticipates that any specific line item in the Proiect Budget (Attachment B) shall
Vary by 20% or greater. the variance must be approved in advance in writing by CARIBBEAN
CONSERVATION.
Article VII.
Project Information Dissemination
The GRANTEE is encouraged to formulate a plan for dissemination of the project information
and 0 utcomes tog ovemmental, scientific, and public communities. T he GRANTEE agrees to
acknowledge the role of funding from the Sea Turtle Grants Program in any publicity related to
this proiect. and to include the language below and the graphic contained in Attachment E on any
and all publications. signage. or documents produced pursuant to this Agreement. All reports and
information dissemination must contain the following wording (6 point minimum font size):
This (report/display/sign/brochure/project) was funded (in whole or in part) by a
grant awarded from the Sea Turtle Grants Program. The Sea Turtle Grants Program
is funded from proceeds from the sale of the Florida Sea Turtle License Plate. Learn
more at www.helpingseaturtles.org.
Article VIII.
Insurance Requirements
To the extent required by law, the GRANTEE will either be self-insured for Workers'
Compensation Claims, or will secure and maintain during the term of this Agreement, Workers'
Compensation Insurance for all of its officers, employees, servants, and agents connected with
this Project.
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Sea Turtle Grant #05-010E
Article IX.
N on-Discrimination
No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected to
discrimination in performance of this Agreement.
Article X.
Points of Contact
The Parties shall direct all matters arising in connection with the performance of this Grant
Agreement to the attention of the following:
For CARIBBEAN CON8ERV ATION:
Daniel Evans
Caribbean Conservation Corporation
4424 NW 13th St, Ste A-I
Gainesville, Florida 32609
Phone: (352) 373-6441
Fax: (352) 375-2449
Email: drevans@cccturtle.org
For GRANTEE:
William Hoeffner
8t. Lucie County
2300 Virginia Ave
Fort Pierce, FL 34982
Phone: (772) 462-1467
Fax: (772) 462-2131
Email: hoeffner@co.st-Iucie.fl.us
Article XI.
Financial Records
1. The books and accounts, files, and other records of the GRANTEE which are applicable to
this Grant Agreement at all times and for a period of five (5) years from the expiration date of
this Grant Agreement, shall be available for inspection, review, and audit by CARIBBEAN
CONSERVATION or its selected representatives, including independent certified public
accountants, to determine the proper application and use of all funds paid to or for the account or
benefit of the GRANTEE. Monitoring procedures may include, but are not limited to, on-site
visits by CARIBBEAN CONSERVATION staff upon 30 days written notice to representative
identified in Article X - Points of Contact.
2. The GRANTEE assumes sole responsibility for reimbursement to CARIBBEAN
CONSER V A TION the full amount of any expenditures disallowed through audit exception or
some other appropriate means determining that expenditures from funds granted to the
GRANTEE for direct and/or indirect costs were not made in compliance with this Grant
Agreement or generally accepted accounting principles.
3. GRANTEE agrees to provide CARIBBEAN CONSERVATION with a copy of any
independent auditors' report upon request. If the report contains instances of non-compliance
with federal and/or state laws and regulations which bear directly on the performance or
Page 4 of 8
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Sea Turtle Grant #05-01OE
administration of this Grant Agreement, the GRANTEE shall provide CARIBBEAN
CONSERVATION with copies of responses to auditors' reports, a plan for corrective action, and
auditors' response that the noncompliance has been resolved.
Article XII.
Indemnification & Hold Harmless
GRANTEE assumes any and all risks of personal injury and property damage attributable to the
negligent acts or omissions of GRANTEE and its officers, employees, servants, and agents
thereof while acting within the scope of their employment by GRANTEE. GRANTEE warrants
and represents that it is self-funded for liability insurance, both public and property, with said
protection being applicable to officers, employees, servants, and agents while acting within the
scope of their employment by GRANTEE. GRANTEE and CARIBBEAN CONSERVATION
further agree that nothing contained herein shall be construed or interpreted as (1) denying to
either party any remedy or defense available to such party under the laws of the State of Florida:
(2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of
sovereign immunity of the State Florida beyond the waiver provided in Section 768.28, Florida
Statutes.
Article XIII.
Default, Termination & Remedies
1. If GRANTEE fails to fulfill its obligations under this Grant Agreement in a timely and
proper manner, CARIBBEAN C ONSERV ATION shall have the right to terminate this Grant
Agreement by giving written notice of any deficiency and by allowing GRANTEE thirty (30)
days to correct the deficiency. If GRANTEE is unable to correct deficiencies within thirty (30)
days, CARIBBEAN CONSERVATION may terminate this Grant Agreement.
2. Either party may terminate the Agreement at any time with or without cause by a written
notice by certified mail, return receipt requested, at least 30 days prior to the termination date
specified in this agreement.
3. In the event of termination, GRANTEE shall reimburse CARIBBEAN CONSERVATION
the difference between the Grant Amount received and the amount incurred by GRANTEE
including all costs and uncancelable obligations incurred in accordance with this Agreement for
work satisfactorily performed as of the effective date of termination.
4. A default under this Grant Agreement shall include, without limitation, the following:
a) If GRANTEE files for bankruptcy, makes a general assignment for the benefit of its
creditors, or if a receiver should be appointed on account of its insolvency.
b) If GRANTEE disregards laws, ordinances, or otherwise fails to comply with any
material provision 0 f this G rant Agreement 0 r commits a substantial violation 0 f t he
provisions of this Grant Agreement.
c) GRANTEE fails to timely provide the work or deliverables as described herein.
Page 5 of 8
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Sea Turtle Grant #05-01OE
5. GRANTEE shall not be held liable to CARIBBEAN CONSERVATION for failure to
perform its obligations hereunder if and to the extent that such failure to perform results from
causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond
GRANTEE's control), including, without limitation, strikes, lockouts, or other industrial
disturbances; fires; unusual climatic conditions; acts of God; or inability to obtain transportation
or necessary materials in the open market. GRANTEE shall promptly notify CARIBBEAN
CONSERVATION in the event of such a condition and the anticipated period of non-
performance, which shall not exceed thirty (30) days. If any such period continues for thirty (30)
days or more GRANTEE shall have the right to terminate this Grant Agreement upon thirty (30)
days prior written notice to CARIBBEAN CONSERVATION. In this event, GRANTEE shall
reimburse CARIBBEAN CONSERVATION the difference between the Grant Amount and the
amount incurred by GRANTEE including all costs and uncancelable obligations incurred in
accordance with this Agreement for work satisfactorily perfonned and accepted by
CARIBBEAN CONSERVATION as of the effective date of termination.
Article XIV.
Relationship Between The Parties
1. It is understood and agreed that the work of GRANTEE will be rendered as an independent
contractor and not as an employee of CARIBBEAN CONSERVATION and that no employee,
agent, subcontractor, or assign of GRANTEE shall be deemed for any reason to be an employee,
agent, subcontractor, or assign of CARIBBEAN CONSERVATION. In this regard, and without
limitation, GRANTEE and employees, agents, subcontractors, or assigns shall not be deemed to
be employed by CARIBBEAN CONSERVATION for purpose of any tax or contribution levied
by the Federal Social Security Act or any corresponding State law with respect to employment or
compensation for employment.
2. Nothing in this Grant Agreement shall be interpreted to establish any relationship other than
that of an independent contractor between CARIBBEAN CONSER V ATION and the
GRANTEE, its employees, agents, subcontractors, or assigns during or after the performance of
work in accordance with this Grant Agreement.
Article XV.
Federal/Florida Single Audit Act
1. Effective September 30, 2004, the Florida Single Audit Act requires all non-State
organizations who expend in excess of $500,000 of State financial assistance to comply with the
audit requirements of the Act, pursuant to Section 215.97(2)(a), Florida Statutes. In addition,
recipients and subrecipients of federal financial assistance must comply with the Federal Single
Audit Act requirements ofOMB Circular A-133. An outline of the "Requirements of the Federal
and Florida Single Audit Act" can be found on the Sea Turtle License Plate website at
http://www .helpingseaturtles.org.
2. 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. Pursuant to the Lobbying Disclosure Act of 1995, the
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Sea Turtle Grant #05-01 OE
GRANTEE agrees to refrain from entering into any subcontracts under this Agreement with any
organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such
organization warrants that it does not, and will not, engage in lobbying activities prohibited by
the Act as a special condition of the subcontract.
Article XVI.
General Provisions
1. GRANTEE, its employees, subcontractors or assigns, shall fully comply with all applicable
federal, state, and local laws and regulations relating to the performance of work in accordance
with this Grant Agreement.
2. It is further understood and agreed this Grant Agreement is not intended by the Parties to
constitute or create a joint venture, pooling arrangement, partnership, or other formal or informal
business organization of any kind. The rights and obligations of the Parties shall be only those
expressly set forth herein. Furthermore, neither Party shall have authority to bind the other
Party.
3. During the term of this Grant Agreement, this Grant Agreement may not be assigned,
delegated or otherwise transferred by the GRANTEE in whole or in part without the prior written
consent of CARIBBEAN CONSERVATION.
4. This Agreement represents the entire agreement of the parties. This Grant Agreement shall
not be amended, modified, or extended, nor shall any waiver be effective, unless set forth in a
written document executed by duly authorized representatives of both Parties. No verbal
agreements between the Parties shall affect or modify any of the terms or conditions of this Grant
Agreement. The waiver of any breach of any term, covenant, or condition herein contained shall
not be deemed to be a waiver of such term covenant, or condition for any such subsequent breach
of the same.
5. This Grant Agreement contains all of the agreements, representations, and understandings of
the Parties hereto and supersedes and replaces any and all previous understandings,
commitments, or agreements, oral or written, related to the work set forth herein.
6. If any part, term, or provision of this Grant Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state, or local government having
jurisdiction over this Grant Agreement, the validity of the remaining portions of the provisions
shall not be affected thereby.
7. This Grant Agreement shall be enforced and interpreted under the laws of the State of
Florida.
8. Any disputes shall be resolved in the courts of Alachua County, Florida. Each party shall be
responsible for its own legal costs and attoneys fees regardless of whoever prevails in court.
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Sea Turtle Grant #05-010E
9. The headings and subheadings used throughout this Grant Agreement are for convenience
only and have no significance in the interpretation of the body of this Grant Agreement, and the
Parties direct that they be disregarded in construing the provisions of this Grant Agreement.
IN WITNESS WHEREOF, the Parties have caused this Grant Agreement to be executed by their
properly and duly authorized representatives.
CARIBBEAN CONSERVATION
CORPORATION
GRANTEE
By: David Godfrey
(type name)
By:
(print name)
(signature)
(signature)
Title: Executive Director
Title:
Date:
Date:
Witness:
Witness:
By:
By:
(print name)
(print name)
(signature)
(signature)
Title:
Title:
Date:
Date:
List of Attachments included as part oftrus Agreement:
Attachment A: Project Summary, Tasks & Deliverables
Attachment B: Project Budget
Attachment C: Programmatic Report Fonn
Attachment D:Financial Statement Report Fonn
Attachment E: Language & Graphic Acknowledging Funding Source
Attachment F: Certificate of Grant Agreement Completion Form
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Sea Turtle Grant # 05-01 OE
Attachment A
PROJECT SUMMARY AND DELIVERABLES
Project Summary:
This project is to develop an educational exhibit at the Smithsonian Marine Ecosystem
Exhibit at the St. Lucie County Marine Center. The Smithsonian Institution, which operates the
St. Lucie County Marine Center, is redeveloping sea grass and coral reef ecosystem exhibits. As
part of these exhibits, we intend to include a life-size model of a loggerhead sea turtle and an
infonnation display about the other four species of sea turtles common to the Atlantic Coast.
Through the exhibits and educational programming, the relationship between sea turtles and sea
grass and coral reef environments will be explained. The importance of protecting these
ecosystems for sea turtles and other marine species will also be explained.
Expected Accomplishments:
This project will focus on the development of a loggerhead sea turtle model and sea turtle
infonnational display at the St. Lucie County Marine Center as part of the sea grass and coral
reef. It is anticipated this program will educate visitors to the center regarding the importance of
sea turtles.
REMEMBER: ALL EDUCATIONAL AND PRINTED MATERIALS, EVEN IF ONLY BEING
REPRINTEDIREPRODUCED, MUST INCLUDE FUNDING SOURCE ACKNOWLEDGEMENT LANGUAGE
AND LICENSE PLATE IMAGE AND BE APPROVED BY CARIBBEAN CONSERVATION CORPORATION
BEFORE FINAL PRINTING OR PRODUCTION
6-month Deliverables (in addition to required reports):
1. Draft design of the sea turtle model
2. Draft design and text of sea turtle display
Final Deliverables (in addition to required reports):
1. Digital photos of the constructed model and sea turtle display at the St. Lucie County
Marine Center
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Sea Turtle Grant # 05-010E
Attachment B
PROJECT BUDGET
FUNDS
PROJECT BUDGET AWARDED
Itemized Expenses & Equipment
Construction of loggerhead turtle model $3,000.00
Development/Construction of sea turtle informational display . $2,000.00
Labor Cost (list project position titles)
Indirect Costs - (Not more than 5% of total project cost)
TOTAL $5,000
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Sea Turtle Grant # 05-01 DE
Attachment C
PROGRAMMATIC REPORT FORMAT (maximum of 2 pages)
Grantee:
Contract Number: Use the number assigned by the Caribbean Conservation Corporation. Listed
on the upper right ofthis agreement.
Project Title:
Report Period: List dates and if this is the 6-month or Final Programmatic Report.
Project Manager(s)/Principle Investigator(s):
Tasks: List the Project Tasks that were scheduled to be completed by the report date according
to your accepted proposal's timeline.
Accomplishments: Provide concise statements that summarize the progress towards
accomplishing the tasks listed above. This should include deliverables (include samples if
appropriate), descriptions of field and/or lab work, and descriptions of equipment purchases.
Also describe any problems that were encountered and what was done to solve the problem(s).
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Sea Turtle Grant # 05-01 OE
Attachment 0
FINANCIAL STATEMENT
I Grantee: St. Lucie County
Expenditure Report Period
From: (mm/dd/yy)
To: (mm/dd/yy)
Funds received to date from Sea Turtle Grant Program $
Funds requested with this statement
o 10% of total grant amount with 6 Month Report $
o 10% of total grant amount with Final Report $
Submitted with this report: (Check the appropriate boxes):
o 6 Month Programmatic Report 0 Final Programmatic Report
o Deliverables for 6 Month report 0 Deliverables for Final Report
o Equipment Purchase Receipts, if Applicable
I hereby certify that to the best of my knowledge and belief the above report covers the
expenditures on this project, is complete and accurate, and expenditures have been made in
accordance with the grant policy. Supporting documents are available for audit.
Institutional Financial Representative Date
Signature Telephone
Title Fax
Institution Email Address
Date:
Amount:
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Sea Turtle Grant # 05-01 OE
Attachment E
LANGUAGE & GRAPHIC ACKNOWLEDGING FUNDING SOURCE
This (report/display/signlbrochure/project) was funded (in whole or in part) by a grant awarded
from the Sea Turtle Grants Program. The Sea Turtle Grants Program is funded from proceeds
from the sale of the Florida Sea Turtle License Plate. Learn more at www.heloingseaturtles.orJl.
Digital files of the Sea Turtle License Plate image for use in all publications, signage, or
documents produced pursuant to this Agreement can be downloaded from CCC's web site at
http://helpingseaturtles.org/images.htm
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Sea Turtle Grant # 05-01 OE
Attachment F
CERTIFICATE OF GRANT COMPLETION
Grantee: St. Lucie County
Project: Smithsonian Marine Ecosystem Exhibit
Project Date:
Total Amount: $
GRANTEE'S AFFIDAVIT
I solemnly swear (or affinn): That the work under the above-named contract and all
amendments thereto have been satisfactorily completed; that all amounts payable for materials,
labor and other charges against project have been paid; that no liens have been attached against
the project; that no suits are pending by reason of work on the project under the contract; that all
Workers' Compensation claims are covered by the GRANTEE as required by law; and that all
public liability claims are covered liability claims that are covered by insurance.
Grantee Project Manager or Principle Investigator
Signature:
Name (Print):
Title:
Date:
Personally appeared before me this
day of
,20_,
known (or made known) to me to be the Project Manager or Principle Investigator of the Project listed
above, who subscribed and swore to the above instrument in my presence.
o Personally Known Or
o Produced Identification, type of Identification Produced:
Notary Public
Name:
My commission expires:
CERTIFICATE BY THE CARIBBEAN CONSERVATION CORPORATION
I certify: That, to the best of my knowledge and belief, the work on the above-named project has been
satisfactorily completed under the terms of the contract; and that the project is satisfactory.
By:
Name (Print): Daniel R. Evans
Title: Sea Turtle Grants Program Administrator
Date:
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ITEM NO. C9A
DATE: 5/17/05
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING
Ed Parker, Purchasinq Director
SUBJECT: Fixed Asset Inventory - Property Record Removal and permission to advertise
Invitation for Bid (IFB) for the Sale of Two (2) Case 721 C Loaders.
BACKGROUND: Please see attached memo.
FUNDS AVAilABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: That the Board authorizes staff to remove the attached records from the
fixed asset inventory and permission to advertise for bids for the Sale of Two (2) Case 721 C
Loaders.
COMMISSION ACTION:
,:ONZ:E:
Doug Anderson
County Administrator
[¥ APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
Coordination/Signatures
County Attorney: (X)
y
Mgt. & Budget:(X)
Purchasing Dir.: (Xø~
Other:
Originating Dept:
Other:
Finance: (Check for Copy only, if Applicable)
"wi
PUBLIC WORKS DEPARTMENT
SOLID WASTE DIVISION
MEMORANDUM
05-040
TO:
FROM:
Ed Parker
Purchasing Director
Leo J. Cordeiro //
Solid Waste Manager ~
DATE:
April 28, 2005
RE:
Sale of Two (2) Case Loaders
Please take the necessary steps to sell two (2) Case 721 C loaders from the Solid Waste Division.
The property record numbers are 500696 and 500697.
Property Record # 500696 500697
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Date of Purchase 6/2001 6/2001 Cll E3
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Year of Machine 2000 2000 -<
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Current Hours 6117 6466 C) ~ .,....--..,~.,
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3
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Tires Solid Solid .,;'..... ~
-1
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Size of Bucket (Approx) 4 Y2 CY 4 Y2 CY
Both vehicles are under warranty through June 2006.
Both vehicles can be seen at the Solid Waste Baling & Recycling Facility during normal working
hours.
Please call if you have any questions.
LJC:dls
C: Robert Brown, SW Fleet Maintenance Supervisor
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ITEM NO. C9B
DATE: 5/17/05
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING
Ed Parker, Purchasing Director
SUBJECT: Permission to advertise a Request for Proposals for Facilities Space Needs Study
BACKGROUND: See attached memo
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends approval for permission to advertise a Request for
Proposals for Facilities Space Needs Study.
COMMISSION ACTION:
['APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
ug Anderson
County Administrator
County Attorney: (X)
~
Coordination/Signatures
Mgt. & Budget:( )
Purchasing Dir.: (X)
/) i /?
~'¡V
(:J.
Originating Dept:
Other:
Other:
Finance: (Check for Copy only, if Applicable)
'-"
BOARD OF COUNTY
COMMISSIONERS
.....,¡
PURCHASING
DEPARTMENT
Ed Parker
Director
MEMORANDUM
To:
Board of County Commissioners
Ed Parker, Purchasing DirectorWr
From:
Date:
May 17, 2005
Re:
Permission to advertise a permission to advertise a Request for Proposals for
Facilities Space Needs Study
********************************************************************************************************
Background:
Perthe attached memos, Staff is requesting permission to advertise a Request for Proposals for
Facilities Space Needs Study.
JOSEPH E. SMITH. District No.1. DOUG COWARD, District No.2 + PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No.5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428
website: www.co.st-Iucie.fi.us
'-'
.."""
MEMORANDUM
DEPARTMENT OF CENTRAL SERVICES
TO:
FROM:
Ed Parker, Purchasing Director /J
Roger Shinn, Central Services Direb6r
DATE:
April 2, 2005
SUBJECT: Space Needs Study
****************************************************************************************************
Due to the growing demand for more space, it has become critically important
that we do a Space Needs Study to see what it will take to remedy our present
dilemma. This study should consider our current needs, as well as our projected
needs over the next 20 years. We should request permission to have this study
done.
\..;
""'"
COUNTY ADMINISTRATION
MEMORANDUM
05-47
/
FROM:
Board of County com~¥rs
Douglas M. Anderson ~~unty Administrator
TO:
DATE:
April 11, 2005
RE:
Facilities Space Needs Study
I have requested and received a copy of Martin County's Facilities Space Study performed
August 7, 2000. At that time, the cost to perform this study was $52,000. We have
received an estimate of $130,000 to perform a St. Lucie County Space Study.
Staff will be recommending that the Board of County Commissioners go out for proposals
for a Countywide Space Needs Study including the criminal justice system and the jail. We
will be preparing a Board agenda item to proceed with going out for the Request For
Proposals (RFP) and will be requesting that funds be allocated from Contingency to pay for
this study, which depending on funding, could be incremented.
Once this goes to the Citizens' Budget Development Committee we will be presenting it to
you for your consideration.
Please let me know if you have any questions at this time.
Ray Wazny, Assistant County Administrator
Faye Outlaw, Assistant County Administrator
Dan Mcintyre, County Attorney
Ed Parker, Purchasing Director
Roger Shinn, Central Services Director
Marie Gouin, Management and Budget Director
Citizens' Budget Development Committee
Public Safety Coordinating Council
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~EM NO. C9C
DATE: 5/17/2005
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING DEPARTMENT
ED PARKER, DIRECTOR
SUBJECT: Bid #05-049 - River Park Marina Restrooms - Bid Withdrawal
BACKGROUND: See Attached memo
FUNDS AVAILABLE:
PREVIOUS ACTION: N/A
RECOMMENDATION Staff recommends accepting the withdrawal request, authorization to return
5% bid security, and permission to re-advertise.
COMMISSION ACTION:
Approved 5-0
CONCURRENCE:
/'p-
DOUG ANDERSON
COUNTY ADMINISTRATOR
(JAPPROVED () DENIED
( ) OTHER
Coord inati antS iç¡natu res
County Attorney ( )
Originating Dept. ( )
~
Mgt. & Budget ( )
Other ( )
Purchasing (X~/P
- J
Other ( )
finance: (check for copy, only if applicable)_
'-'
'W'
BOARD OF COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
Ed Parker
Director
MEMORANDUM
To:
Board of County Commissioners
Ed Parker, Purchasing Director ~ f
From:
Date:
May 17, 2005
Re:
Bid #05-049 - River Park Marina Restrooms - Bid Withdrawal
***********************************************************************************************************
BACKGROUND:
On May 4, 2005 bids were opened for Bid #05-049 - River Park Marina Restrooms. Eight
hundred thirty-three (833) vendors were notified, twelve (12) documents were distributed, and
one (1) response was received. The only bidder has withdrawn their bid. Staff recommends
accepting the withdrawal request, authorization to return 5% bid security and permission to re-
advertise.
'-'
...,
HENNIS CONSTRUCTION
18500 GLADES CUT-OFF ROAD
PORT ST LUCIE, FL 34987
772-464-2404
772-464-4114
River Park Marina - Restroom
St. Lucie County
******~~..*******~*.*.********.*..***************~*********************************+***
PHONE NO.;
FAX NO.:
REF:
5/6/05
TO:
Don Mclam I Kenneth Hall
COMPANY:
FAX NO.:
PHONE NO:
St. Lucie County ( Central Services)
462-1444
462-1514
.********************.*******~**.********************.************.****~*****+*****.***
SUBJECT: Bid
.....******.**..*******..******.******.~..*****.*****..****+***************************
COMMENTS:
Please accept this letter as an apology and withdraw tram our bid on 5-4-05 bid
#05-:049. Due to our inteIpretation of the specifications we excluded alIutilities
except electric.
It is always a pleasure doing busîness with 81. Lucie County. We are very sorry
for any inconvenience and look forward to working with you in the future.
...
.
. .
...
-.-
'-'
'--'
BOARD OF COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
Ed Parker, Director
MEMORANDUM
To:
Don McLam, Central Services
Ed Parker, Purchasing Director E ~b
From:
Date:
May 4,2005
Re:
Bid #05-049 - River Park Marina - Restroom
***************************************************************************************************************
Enclosed are copies of the Tab Sheet and submission for subject bid.
After your review, please provide me with your recommendations.
If we can be of any further assistance, please do not hesitate to contact me at extension 1700.
EP:mc
·¡\'i.¡\"'/ - 5
.J"
JOSEPH E. SMITH, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT. District No.5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428
website: www.co.st-Iucie.fl.us
~
PURCHASING
DEPARTMENT
ED PARKER, DIRECTOR
BOARD OF COUNTY
COMMISSIONERS
TABULATION SHEET - BID #05-049
RIVER PARK MARINA - RESTROOM
CENTRAL SERVICES
OPENED: 5/4/2005
VENDOR BASE BID AL TERNA TE 1
FRONT ENTRY
GABLE
HENNIS CONSTRUCTION CO., INC. $ 119,000.00 $ 2,000.00
PORT ST. LUCIE, FL
FAX: 772-464-4114
NUMBER OF COMPANIES NOTIFIED*: 833
NUMBER OF BID DOCUMENTS DISTRIBUTED*: 12
NUMBER OF BIDS RECEIVED: 1
* PER DEMANDSTAR.COM
JOSEPH E. SMITH, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No.5
County Administrator - Douglas M. Anderson
2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428
website: www.co.st-lucie.fLus
~
.....,
BID FORM
All bids must be submitted in a sealed envelope addressed to the St. Lucie
County Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida
34982, plainly marked on the outside with bid number, date and time of bid
opening.
BID NO. 05-049
RIVER PARK MARINA - RESTROOM
l~l~RePresentingU£~Ljv
Company and/or Corporation, agree to CONSTRUCT RESTROOM AT RIVER
PARK MARINA as specified and described herein for the UNIT price of:
aD
RIVER PARK MARINA _ RESTROOM - $ \ \ q ) 0 DO.. ~
Bid Obligation
It is understood that this Bidder is bound by the bidding documents and that the
bid may not be withdrawn during a period of 60 days after bid opening.
The Board of County Commissioners and reserves the right to waive any
informalities or minor irregularities, reject any and all bids which are incomplete,
conditional, obscure, or which contain additions not allowed for, accept or reject
any bid in wþole or in part with or without cause, and accept the bid which best
serves the County.·
NAMEOFBIDDERJ.\CN N L5 Cr.>tÙSí. ~ ~eJ
ADDRESS: ( ~ S rJO G LA. 0 e 5 (O--uX - 0 F P R. D
~1=bRT 6l t.l)C~{E ¡::-L 0<i9-X'-1--
PHONE:1Îd.-t¡øV-~YOf FAX:1-2~- fjh-¥-~<JLLi-
SIGNED BY: fi:;zt~ t il¿~
TITLE: __&-.- DATE: S- - '-I - D 5"
A~T~J; Fran-\- e(\~(''j <¿,alo1e - à.¿¡ð I\¥oo.~
ß \ d. \ (\ Co \ u d €- S <ß II - \ J.-" of' -tJ, \ \ 9 (\ d c...o Mf d d-; 0 n .
ß ,'J \S ~\ \J-O ct3yS +('ofY\ \ ssu8nCe.,
of no1-;c.€- +0 proC¿ed, ,
W ð+er aV\Js e. we..\' 0\ ('0 \J v·L=, J 5 \ 0 u.-tS\ d. e.. c}; \0 \ ¿C\ ·
BID NO. 0fH)49 ~ CJ
RIVER PARK MARINA - RESTROOM
~
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ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
BIDDER'S CHECK LIST
BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are
not completely filled out and submitted with your bid.
Before sending in your bid, please make sure you have completed all of the
following:
Enclose Three (3) sets of the Bid form (one marked original and two copies),
including all handwritten sections, and three (3) sets of any descriptive literature,
brochures and/or supporting data. Please make and retain a separate copy of
this bid package for your records.
Bid Form, must be complete and have a manual signature (original signature).
ink.
Include 5% bid security in the form of a cashier's check, money order (made
payable to S1. Lucie County B.O.C.C.) or bond (if required). No copies accepted.
Include proof of proper licensing as stated in bid documents.
Return bid in an envelope with the bid number and name of bid printed on the
front of the envelope. If Fed-Ex or UPS-please keep bid in a separate sealed
envelope when placing it in their packaging.
Acknowledge in the bid any and all addend urns issued and manually sign each
addendum sheet and submit it with your bid.
Provide three (3) references, preferably Governmental. Include company name,
contact name, address, telephone and facsimile number for similar work
completed in the past year.
Erasures or other descriptive literature, brochures and/or data must be initialed
by the person signing the bid.
If you desire a copy of the bid tabulation, include a self-addressed, stamped
envelope for bid tabulation to be mailed back to you.
r'
~-&'7-0SPLEASE INITIAL AND RETURN WITH BID FORM
BID NO. 05-049
RIVER PARK MARINA - RESTROOM
3
~
HENNIS CONSTRUCTI( T
...",
18500 GLADES CUT-OFF ROAD
PORT ST LUCIE, FL 34987
PHONE NO.:
FAX NO.:
772-464-2404
772-464-4114
5/4/05
***************************************************************************************
TO:
COJ\1PANY:
PHONE NO:
Don Mclam
St. Lucie County Purchasing
462-1700
SUBJECT:
References
Company / Entity
Contact Person
Phone No.
City of Stuart Frank Thomas - Contract Administrator 772-288-5308
cell: 772-284-6778
Martin County Board Richard Sheets - Capitol Projects Manager 772-288-5412
of Commissioners cell: 772-485-8836
Martin County Brad Leary - Projects Inspector 772-219-1200
School Board
Martin County Chris Singley - Maintenance projects coordinator 772-219-1275
School Board
City ofVero Beach Bill Eastmann - Owner Representative / Harbor 772-321-2819
City Marina Master
St. Lucie County School Bob Masa - Projects Inspector 772-340-7199
Board
Donadio and Associates Tony Donadio - Architect 772-794-2929
Stuart Housing Authority Maria A. Burger - ( Executive Director) 772-287-0496
St. Lucie County - Central Kenneth Hall - ( Projects Coordinator) 772-462-1434
Services
Dritenbas and Associates Paul Dritenbas - Architect 772-569-4320
Martin County Jail Rich Boyer - ( Building Operations Supervisor) 772-220-7253
COPIES TO:
[ ]Architect, [ x ]Owner
THANK YOU, Kathy
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
Hennis Construction Company, Inc.
as Principal, and
International Fidelity Insurance Company
as Surety, are hereby
held and firmly bound unto
St. Lucie County, Florida
as OWNER
in the pe~al sum of
Five Percent of Amount Bid (5%)
for the
payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors and assigns.
Signed, this
26
day of
April
,20~.
The Condition of the above obligation is such that whereas the Principal has submitted
to
St. Lucie County, Florida
a certain
Bid, attached hereto and hereby made a part hereof to enter into a conti-act in writing,
for the
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River Park ,Mà:t;ina (Res~~~~oms)
NOW THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a
contract in the Form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a bond for his faithful performance
of said Contract, furnishing materials in connection therewith, and shall in all .
other respects perform the agreement created by the acceptance of said Bid,
then this obligation shaH be void, otherwise the same shall remain in force and
effect; it being expressly understood and agreeçi that the liability of the Surety
for any and all claims hereunder shall, in no event, exceed the penal amount of
this obligation as herein stated. .
The Surety, for value· received, hereby stipulates a"nd agrees that the ob1igations of said
Surety and its bond shall be in no way impaired or affected by any extension of the time
within which the OWNER may accept such Bid; and said Surety does hereby waive
notice of any such extension. .
BID NO. 05-049
RIVER PARK MARINA - RESTROOM
{. .~~~~~:~- : -~ :.~':-.-:~~~ -
16 .
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IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals, and such of them as are corporations have caused their corporate seals to
be hereto affixed and these presents to be signed by their proper officers, the day and
year first set forth above.
Principal (Print Full Name)
Hennis Construction Company, Inc.
Surety (Print Full Name)
International Fidelity Insurance Company
BY:
(l.S.)
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BY: "
- (I S· .).
,-..-. . .
TITLE: GerardC. _ Henni s. Sr.. President TITLE:Michael Broder. A~~nt.· & ~t:toruey -
In Fact
IMPORTANT - Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the state where the project is located.
17
810 NO. ()5-O49
RIVER PARK MARINA - RESTROOM
'- =- ~
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Si-
Td(973)624-7200 '-' POWER OF ATTORN./Y
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
FOR BID BOND/RIDER/CONSENTS/ AFFIDAVITS
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COl\1PANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey. does hereby constitute and appoint
ARTHUR K. BRODER, MICHAEL P. BRODER
Davie, FL.
its true and lawful attorney(s)~in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory m the nature thereof, which are or may be allowed, required or pennitted by law, stature, rule, regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as bincfmg upon the said INTERNATIONAL FIDELITY INSURANCE
COl\1PANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COl\1P ANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney-in-fact and revoke the authority given.
Further, this Power öf Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the folJowing is a true excerpt: .
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such fower of attorney or any certificate relating thereto by
. facsimile, and any such power of attorney or certificate bearing such facsimile sIgnatures or facsimile sea shall be valid and bindmg upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COl\1PANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998.
STATE OF NEW JERSEY
County of Essex
On this 31st day of August 1998, before me came the individual who executed the preceding instrument, to me personalJy known, and, being by me duly
sworn, said the he is the therein described and· authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPA.l\fY; lbat the seal. affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Dlfsctçrs of
said Company. .
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
~"'~
A NOTARY PUBLIC OF NEW JERSEY
My Comrrùssion Expires Nov. 21, 2005
CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF. I have hereunto set my hand this "26-th day of lipid J 2 DO f
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ITEM NO. C9D
DATE: 5/17/05
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING
Ed Parker, Purchasinq Director
SUBJECT: Fixed Asset Inventory-Property Record Removal
BACKGROUND: Please see the attached Property Disposition forms from the Health
Department with regard to removal of inventory items. These items will be sold at county auction.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: That the Board authorizes staff to remove the attached records from the
fixed asset inventory of the Board of County Commissioners and permission to sell at the county
auction.
Approved 5-0
:¡:NCE:
Doug Andersoñ
County Administrator
COMMISSION ACTION:
[)4 APPROVED [] DENIED·
[ ] OTHER:
Coordination/Signatures
County Attorney: ( X)
~
Mgt. & Budget:
Purchasing Oir.: (X) ~þ?
Originating Oept:
Other:
Other:
Finance: (Check for Copy only, if Applicable)
; \
"
,
'-'
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ST. LUCiE couNTY FURCHASING DEPAATIi1£~T
RE?ORT OF ÀwùlSmCNiDiSFOSrnON OR r~__'\!~fE.~ C~ FROP~RT'f
. -
TODAY'S DATE ftftiõ f
t.., INVOICE DA~ OFN~ PURCP.ASE}: /l/ A'
2. ACCOUNT NUM~ER USED TQ FUR~ASE 1 t ad OF NSV FU~..J~SE}:
~ ' GOVERNMENT NA'1AE,Di'J1SION,SU1LDING AND ROOM # :"
. .
. '. .
4. LOCAT1ONCOOE:~b1 ~/ß ¥ .
5.. P TV RE rm '# AND DEFT. TRANSÆRRJNG TO (IF TRANSFëR.~NG
o DISPOSING F): -V ð -2~ tJ...:¡
.-
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ê.YEAR ACQUIRED (JF ~~NATED/íRAD13J, £rC. :
7. DESCRiPTioN· OF PROPE.:¡Tv: ¡::dr4
s. MA1Œ:. .kyd··
9.· MOCaNUMSER: . . ç/~-cJ.
1~ SERIAL NUMBER:
11.
~HEAD O~AiJTrlORJZa)~~~N)
. . . . . .. . .-
'i'HIS RjRM IS TO SE US2D FOR ALl. CAmA1. EQUIPMENT FURQiASëD, ClSPOSëD OF OR
~FRtjMCNEDe=T.TOANOTiiER.· .. -"- . .. .
A." .V.JÆN PURCHASING ~ rraA,"RU. T'dIS FORM OUT,.ATTACH TO Trl! TiCICE" .'
A'\JD'-æ:œMN~ COFYOF P.o.A.'ID StJSMITTO FWANC2 FOR PAYMENT, RNANC~
WIU. sam TO PURCHASiNG. (Jf YOU ME NOT S,,1RE OF ßK'{ PART Or THE· .
INf\jRMA"ßCN REQUESTED, YOU WILl. NED TO CALL. THE v:NÇJOR.). THIS JNRj~~11ON
IS "EXI'RSŒ!.y ~ORT~FOR THE FJXED ASSET ~RCS.) . . .
E. IF DISt=OS!NG OF OR TRAa'ÌS~~ AN rra!, MU. CUT F0R!d AND SEND
TO DESiREE CUllUNO IN PURCHAS;NG.
..
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"ST. LUCIE COUNTY PURCHASING DEPAAThiENT
REFCRT OF ACQulSmOi\l.J1J¡SFO:smON OR '"ffift-l~.sFE.~ O~ FROP~~7"f
. -
TOCAY'SDATE Y/Jo/O!/
I
t,.. .INVOiCE DA~ OF N~ PUF..~.ß.~E}:--1:1/-A
2. ACCCUNT NUM~ER USED TQ FURCHASE iTEM OF NSV FU~fJ.ASE}:
."
~ ' GOVERNMENT NA~E,DfY1S0N,SUU.D(NG ~'dD ROOM # :"
" .
4. LOCATION CODe: c. ¡\,)n.l,~ µ-~.. \~ ,^ì:\.~t
5. PROFsrry ~CORD '# AND DEFT. r~S~G TO OF TRANSrëR.~NG
O~SP~¡N~?9 > ·~ð-:.~3Æ.3 ...." .,.:.
ê. ·YEARA~~~~FTRANSr~~NATEDITRAD~,ETC.}:.·
. .
7. DESCR!P-rioN·OFPROPE1~:¡Tv:· .~ ,:k ~h
.-
..
s.. MAKE:.
"c~e·
. ..
9.· MpOaNUMSER:
10-. SERIAL NUMBER:
11.
. HEAD C~ AUTrlCRJZæD. ~e..-~~N)
. "
NRl\t is To BE US2D R)RAU. CAPlTAi.. EQU1P!ŒNT P$CHASED, ClSPOSëD OF OR
TRANSÆRRED FROM. ONE cerr. TO ANOTHER.. - - .
A." V'.JHEN PURCHASmiG AN rraII,"f1U. TrlIS FORM OUT, ATTACH TO Trœ "1N'.roIC~ .
. ANC""RECSWicr COPY OF P.O.A.'JD SUSMITTO ANANC2 FOR PAYMENT, RNANC~
1MU. SEND TO PURCHASmlG. OF YOU ARE· NOT sa..1RE OF Mr( PART OF THE· .
INfORMA110N REQUESTED, YOU WIU. NED TO CALl. TiìE VEN~OR.). THiS JNRjRMJ,),11ON
IS EXI'RSŒ!..y ~CRT~FOR tHE FDŒD ASSET ~RCS.) . . .
E. IF DISPOSING OF OR TRA.;js¡o:..~~ AN ITE.ìII., FU cur FO~ AND Se4D
TO DESIREE cmnINO IN PURCiASa'JG.
".
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,ST. LUCIE COUNTY PURCHASING DEFAAThlE,¡~T
REPORT OF AwÙlsrnONiD~sFOSmON OR TItAj~~FE.~ Of= FRO~;:R1Y
ïODAY'SÐATE 11~ . -
~
1~;: j\ VOICE DA~ OF NE'N PURCHASE}: 1
2.. ACCOUNT NUM~ER USED TO PURCHASE ITEM OF NEYV PU~...l.ASE}:
~ ' GOVERNMENT NAME,DrY1Sl0N,SUU.DfNG AND ROOM #. :'
. .
4.
5.
ë..
(1FTRANS~~~TEDITRAD~,ETC. . ..):.
/r9<:" .. .. . '.
7. œ..~OFP~P~Tr: /¿{u .
.-
..
S. i\i1ƌ:'
¿He
9. MOOELNUMSER:
10.. SERIAL NUMBER:
. .
11. . DiJE11100 OF CIS.
ED,STC.): .
, HEAD c~ AiJTrlOR2Ei ~e.-~~N)
. . . .. .. .
THIS FORr.J IS TO BE USED FOR AU. CAPITAL. EQUIPMENT F$CHASED, ClSPOSæD OF ~R
1'RANSfaRSJ FROM ONE DEPT. TO ANOTHER.. - - . .
.A.·WHEN PURCHASING ~ rrat,·FU. TdIS FORM OUT,A1TACH TO Trœ "INVOICE" .
AND''"REEMNfr COFY OF P.O.A4'ID SUSMITTO RNANC2 FOR PAYMENT, RNANCE
WIl.1. sam TO PURC}Z.ASNG. (IF YOU ARE· NOT S"sæ: OF ANY PART Of THE· .
INFtiRMA110N REQIJESTE), YOU WIlJ. NED TO CALl. THE v:NÇ OR.). THIS JNFO~11ON
IS ëXTR5!4a.y ~ORTAt'iT FOR tHE FiXED ASSET IŒ~RCS..) . .
E. If DISPOSING OF OR TRA.'\isr:.~~ AN lTEIf, FU CUT FO~· AND SEND
TO DESIRES cwmNO IN PURQiAS;NG.
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Je1;l Bush
Governor
April 12, 2005
Doug Ander¡on
County Commissioner
2300 Virginia Avenue
Fort Pierce,FL 34982
..
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'ohn 0. f"""bi' ....D~
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Dear Mr. Anderson, .
, I
In reference to our conversation the following four trucks will be purChased f~r S6.S0Q eacn at a
total cost of $26.000: I I
Prooertv Record # Make & Year of Vehicle I : :
I
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I:
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Make & Year of Vehlcle I
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40-3556
60~0252
40-4063
40-3776
Chevy 97
Chevy 98
Dod__·e 99
Chevy 98
We will turn. in t~ following three vehicles:
PrODerty Record #
40-3323
40-2603
40-~2
GMC 96
Ford B4
GMC 95
The sale price will be reduced· by the allowance gÎven for our three IJehi.cIes'l
The net sale price will be reduced from our quarterly allocation.
"
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~s~~.~reJy, 'fJ.H
vr '. .
,1 '.
Larry J. Lee i '
Ad ministrator 1
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LJUlsb
Fort PIerce Site
714 Avenue "C"
FAX: (772) 462-3824
SunCorn 259~3824
st'. LUCIE COUNTY HEALTH DEPARTMENT
5150 NW Milner Drive
Port St. Lucie, FL 34983
(772) 462-3800 SC 259-3800
Wcbsítc: \!.'WIN s!lucìe~ou(1tybeahh.com
I . fort Št. Lucie Site
I 5150 NW Milner Dr
i F.,\J{; (712) 873-494l
I: sunC~m 245-4941
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ITEM NO. C9E
DATE: 4/12/05
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING
Ed Parker, Purchasinq Director
SUBJECT: Fixed Asset Inventory-Property Transfer to the St. Lucie County Health Department.
BACKGROUND: Please see the attached disposition forms from St. Lucie County Health
Department with regards to the transfer of inventory items.
FUNDS AVAilABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: That the Board authorizes staff to transfer the attached trucks to the St.
Lucie County Health Department.
COMMISSION ACTION:
[ 'APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
Coordination/Signatures
County Attorney: ( X)
}
Mgt. & Budget:
p"""""g D'c., (X) ,i(;lfJ
Originating Dept:
Other:
Other:
Finance: (Check for Copy only, if Applicable)
'-'
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Jeb Bush
Governor
John O. Agwunobi, M.D., M.B.A.
Secretary
Dear Mr. Anderson,
April 12, 2005
I ¡..d
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Doug Anderson
County Commissioner
2300 Virginia Avenue
Fort Pierce, FL 34982
In reference to our conversation the following four trucks will be purchased for $6,500 each at a
total cost of $26,000:
Property Record #
Make & Year of Vehicle
40-3556
60-0252
40-4063
40-3776
Chevy 97
Chevy 98
Dodge 99
Chevy 98
:~...- ~
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8
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-.-~-
We will turn in the following three vehicles:
,--~,
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Property Record #
Make & Year of Vehicle
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40-3323
40-2603
40~2992
GMC 96
Ford 94
GMC95
o
V1
.-.
-_oj
The sale price will be reduced by the allowance given for our three vehicles.
The netsale price will be reduced from our quarterly allocation.
;;;rß~
Larry J. Lee
Administrator
LJLllsb
Fort Pierce Site
714 Avenue "C"
FAX: (772) 462-3824
SunCorn 259-3824
ST. LUCIE COUNTY HEALTH DEPARTMENT
5150 NW Milner Drive
Port St. Lucie, FL 34983
(772) 462-3800 SC 259-3800
Website: www.stluciecountvhealth.com
Port St. Lucie Site
I:' i :=-:' (~<. is M ~~M ~ilner Dr
Ii ¡-'Odd . FAX: (7"7-2t8P3-4941
¡. i\ ¡;D ;. ~, SmCom'245-4941
r'" .fa\G" ì\. j j ¿r_r~-'-' .I,I-/,.!
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-------
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ST. LUCIE COUNTY PURCHASING DEPARTMENT
REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY
TODA Y'S DATE :) -//- ~
1.
INVOICE DATE (IF NEW PURCHASE)
2.
ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE)
3.
GOVERNMENT NAME, DMSION, BUILDING AND ROOM #
4.
LOCATION CODE
5.
PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING TO (IF
~ r· C, .. ic. 1.I6.Avft.~·JJ~ól--,
TRANSFERRING -f. ~ - .;,3 E( ~ ~ ( f-.- f'ç-;"'- t n;r , ¡ ,,,,- 1'1, -. ì t 'T
6.
7.
OR DISPOSINÇì OF)
YEAR ACQUIRED (IF TRANSFERRED/DONATEDffRADED, ETC.)
8.
9.
DESCRIPTION OF PROPERTY
10. MAKE <!... '" c:..VI" \e.. ~ ('i <:::; 8
11. MODEL NUMBER
12. SERIAL NUMBER
13. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.
(DiLL jJ~
(DEPARTMENT HEAD OR AUTHORIZED PERSON)
THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR
TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER.
A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, AITACH TO THE "INVOICE"
AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT,
FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF
THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS
INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.
B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO
PURCHASING.
INTRANET;PURCHASING FORMS:PROPERTY DISPOSITION
""wI
ST. LUCIE COUNTY PURCHASING DEPARTMENT
~
REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY
TODAY'S DATE :)-//-- ~~
1. INVOICE DATE (IF NEW PURCHASE)
2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE)
3. GOVERNMENT NAME, DMSION, BUILDING AND ROOM #
4. LOCATION CODE
5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING TO (IF
4-lJ - 4-~'?
6. TRANSFERRING
7. OR DISPOSING OF)
8. YEAR ACQUIRED (IF TRANSFERRED/DONATEDffRADED, ETC.)
9. DESCRIPTION OF PROPERTY
10. MAKE -::v oD ? ~
/él99
11. MODEL NUMBER / oS" 0 0
12. SERIAL NUMBER
13. ME1HOD OF DISPOSAL (IF DISPOSING OF: JUNK., SURPLUS, SOLD, TRADED, ETC.
~p~
(DEPARTMENT HEAD OR AU1HORIZED PERSON)
TillS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR
TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER.
A. WHEN PURCHASING AN ITEM, FILL TIllS FORM OUT, ATTACH TO THE "INVOICE"
AND "RECEIVING" COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT,
FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF
THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS
INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.
B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO
PURCHASING.
INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION
'-' ...,
ST. LUCIE COUNTY PURCHASING DEPARTMENT
REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY
TODAY'S DATE .s-'-I/__ t;) J---
1.
INVOICE DATE (IF NEW PURCHASE)
2.
ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE)
3.
GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #
4.
LOCATION CODE
5.
PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING TO (IF
4-ð- 37?h
6.
TRANSFERRING
7.
OR DISPOSING OF)
8.
YEAR ACQUIRED (IF TRANSFERREDfDONATED!fRADED, ETC.)
9.
DESCRIPTION OF PROPERTY
19?f
10.
C'- {" 5;/"
MAKE
11.
MODEL NUMBER
12.
SERIAL NUMBER
13.
METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.
~~
(DEPARTMENT HEAD OR AUTHORIZED PERSON)
THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR
TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER.
A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, AIT ACH TO THE "INVOICE"
AND "RECEIVING" COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT,
FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF
mE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS
INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.
B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO
PURCHASING.
INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION
'-'
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ST. LUCIE COUNTY PURCHASING DEPARTMENT
REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY
TODAY'S DATE
1.
INVOICE DATE (IF NEW PURCHASE)
2.
ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE)
GOVERNMENT NAME, DMSION, BUILDING AND ROOM #
3.
4.
LOCATION CODE
5.
PROPERlY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING TO (IF
~ 6 - C, S-'2..-
6.
TRANSFERRING
7.
OR DISPOSING OF)
8.
YEAR ACQUIRED (IF TRANSFERRED/DONATEDffRADED, ETC.)
,
9.
DESCRIPTION OF PROPERTY
C!. t, 51/ /7'19
10.
MAKE
11. MODEL NUMBER S-I ð
12. SERIAL NUMBER
13. MElHOD OF DISPOSAL (IF DISPOSING OF: JUNK., SURPLUS, SOLD, TRADED, ETC.
edJ. j{µ
(DEP ARlMENT HEAD OR AUTHORIZED PERSON)
TillS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR
TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER.
A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATI ACH TO THE "INVOICE"
AND "RECEIVING" COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT,
FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF
THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS
INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.
B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO
PURCHASING.
INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION
"
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AGENDA REQUEST
ITEM NO. C- \e)
DATE: May 17, 2005
REGULAR [ ] .
PUBLIC HEARING[ ]
CONSENT [X ]
PRESENTED BY:
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services
John Franklin, Housing Manager
SUBJECT: Permission to advertise a RFP for the administration of the Florida Community
Development Block Grant Program Disaster Recovery Initiative Application.
BACKGROUND: The Board approved submitting a $3,000,000 funding request for a Florida
Department of Community Affairs Florida Community Development Block Grant Program Disaster
Recovery Initiative on March 22, 2005. This program is to assist with roadways, drainage and sewage
infrastructure installation for the South 26th Street Project and for various eligible CDBG Housing
Activities such as new construction, rehabilitation, acquiring property, and replacement housing.
FUNDS AVAIL. N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board grant permission to advertise for a RFP for the
administration of the Florida Community Development Block Grant Program Disaster Recovery
Initiative application.
[X ] APPROVED
[ ] OTHER:
] DENIED
Doug as M. Ander
County Administrator
Dr
COMMISSION ACTION:
Approved 5-0
County Attorney: x "'8 ~()"'1'4
Originating Department: x ~~
Coordination/Siqnatures
Management & Budget x ~1;{) ~ purchasing: x
Other: . ~ Other:
Finance: x Check for copy only, if applicable
.
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COMMUNITY SERVICES
~\.~~."?;..'.-....i-;.:..'..'.~..'...'~~:j..·.·..r........;.._···.·.:.·..;·.i.~...-::........~..'.......'~.......,-...._.,...........'.~..,........~.....,.'....~......
.
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MEMORANDUM #05-96
FROM:
Board of County Commissioners
John Franklin, Housing Manager :5ç
TO:
SUBJECT:
Permission to advertise for a RFP for the Florida Community
Development Block Grant Program Disaster Recovery Initiative
Application.
DATE:
May 17, 2005
The Board approved submitting a $3,000,000 funding request for a Florida
Department of Community Affairs Florida Community Development Block Grant
Program Disaster Recovery Initiative on March 22, 2005. This program is to assist
with roadways, drainage and sewage infrastructure installation for the South 26th
Street Project and for various eligible CDBG Housing Activities such as new
construction, rehabilitation, acquiring property, and replacement housing.
Recommendation:
Staff recommends the Board grant permission to advertise for a RFP for the
administration of the Florida Community Development Block Grant Program
Disaster Recovery Initiative application.
PROJECT DESCRIPTION NARRA
ONTINUED
St. Lucie County is applying for $3,000,000.00 in CDBG Disaster Funding. Meetings were held with County, City of Fort Pierce,
and City of Port St. Lucie staff to discuss the disaster recovery priorities of each community. Information was also provided to
the St. Lucie County Board of County Commissioners at their meeting of March 22, 2005. St. Lucie County has determined that
their disaster rec:>very priorities are:
1. .Infrastructure consisting of sewer, drainage, and roadway improvements to the South 26th Street area of St. Lucie County;
2. Housing activities consisting of rehabilitation of existing homes, acquisition of property, and replacement housing;
3. Engineering for the Infrastructure project; and
4. Grant Administration.
~INFRASTRÛê::TÛRÊ
The City of Fort Pierce and St. Lucie County have identified that the South 26th Street area of both local governments is an area
that each government will be asking for Disaster Recovery Funding for their respective portion of the project. Fort Pierce Utility
Authority will be providing the sewer service required for this area. An Interlocal Agreement is being drafted and will be exe-
cuted prior to any expenditure of CDBG funds.
The South 26th Street area is low-income and experienced severe flooding during the hurricanes. As a result of the flooding,
the septic systems failed and backed up which created a very serious health and safety threat to the area's residents. The St.
Lucie County Health Department strongly recommends that this area be served with a public sewer system. There is no other
source of funding available from any source to cover the construction of this project.
The South 26th Street project falls within Census Tract 7, Block Group 1 in an area known as "Fort Pierce South." This service
area has 80 homes which were affected. Forty (40) homes are in St. Lucie County, and 39 homes are located within the City
of Fort Pierce.
The purpose of the South 26th Street project is to install a public sewer system, correct the flooding issue and eliminate the
health and safety threat to the residents. National Objective will be met through low-to-moderate benefit of over 50 percent.
According to information on the DCA webpage entitled "All Florida Block Groups" the low-to-moderate percentage for Census
Tract 7, Block Group 1 is 50.6%, which qualifies for this funding.
The County's portion of this project involves the construction of 2,666 LF of sewer lines and components, flood and drainage
improvements of 2,460 LF of curb and gutter, and street improvements (resurfacing) of 7,545 SY. The overall construction
budget for the entire South 26th Street project is as follows:
St. Lucie Coun
419625.00
258625.00
321 750.00
1000000.00
Total Bud et
839 250.00
517250.00
321 750.00
$1 678 250.00
Engineering cost estimates may be found in Appendix N.
According to information from the "All Florida Block Groups" spreadsheet, the low-to-moderate universe for Census Tract 7,
Block Group 1 is 549 people or 50.6% LMI. For the purposes of this grant application, the eighty (80) homes in the service
area do not include the entire Census Tract. Thus, a pro-rated ratio was used to determine the number of total beneficiaries
and LMI beneficiaries. According to 2000 Census Data, the average household size for this Census Tract is 2.58 people times
40 households to be served equals 103.2 total population for this project of which 52.2 residents are LMI based on the 50.6%
noted in the "All Florida Block Groups" for this Census Tract.. Census information may be found in Appendix N.
The location of the South 26th Street service area is bounded South 25th Street to the east, North Cortez Street to the south,
30th Street to the west, and Yergin Avenue to the north.
C'HOOSING
St. Lucie County experienced very severe damage and loss to their housing stock during the past hurricanes. According to
FEMA assessment reports, 51,627 housing units were damaged or lost. There is no other source of funding available from
FEMA, insurance, or other sources to assist with the housing activities.
7
~
Also as part of this grant application, t¥ounty intends to rehab 10 housing units that ~ severely damaged by the hur-
ricanes, demolition and construct replacement housing for 7 low-to-moderate income households, and to acquire 1 parcel of
land, if necessary, for replacement housing. If additional funds are åvailable, the County would like to acquire one (1) large
parcel for a low-to-moderate income housing development. The CDBG Disaster Recovery Funds for housing activities will
have 100% low-to-moderate direct benefit. National Objective will be met through this direct benefit. All housing applicants
will be income qualified.
The budget for the Housing portion of this grant application is as follows:
Activity Name Activity No. Unit of Measurement Cost
Housinq Rehab 14A 10 HU $500 000.00
ReDlacement Housinq 12 7 HU $700 000.00
Acauisition of Prooertv 01 1 Parcel $50.000.00
TOTAL $1 250 000.00
The average CDBG LMI Housing Unit Cost is $73,529.41.
The proposed budget for this grant application is as follows:
...
Activity Name Activity No. Unit of Measurement Cost
Sewer lines & Components 03J 5,331 LF $419,625.00
Flood & Drainage 031 LF $321,750.00
Street Improvements 03K LF $258,625.00
Housing Rehab 14A 10 HU $500,000.00
Replacement Housing 12 7 HU $700,000.00
Acquisition of Property 01 1 Parcel $50,000.00
Engineering 21B N/A $300,000.00
Grant Administration 21A N/A $450,000.00
GRANT TOTAL $3,000,000.00
..
A Public Notice on the Disaster Recovery Funding was advertised on March 18, 2005 with comments due by 5:00 p.m. on
March 25, 2005. No comments were received.
The County has an existing CDBG Local Housing Assistance Plan which will need to be amended prior to the expenditure of
any funds for housing activities. Also, the County, City of Fort Pierce, and the Fort Pierce Utility Authority are working on an
Interlocal Agreement to cover the South 26th Street project. This agreement will be finalized and executed prior to the ex-
penditure of any funds for South 26th Street.
St. Lucie County has received the following funds as part of their disaster recovery process:
Source Amount DescriDtion of Activities
HOME Aaain $500 000.00 10 Housina Units to be Rehabilitated
DCA $200,000.00 Residential Construction Mitigation Pro-
aram Grant for Hurricane Shutters
FEMA $30,000.000.00 Indian River Drive Rebuildina
USDA $4 000 000.00 Shoreline Restoration
Negotiations continue with FEMA and St. Lucie County.
8