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Agenda Packet 06-22-04
~ '-' ..." JUNE 22, 2004 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material] 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 workshops throughout the year necessary to accomplish their goals and commitments. Notice Is provided of these workshops. Assistlve 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- t 777 or TDD (772) 462- t 428 at least forty-eight (48) hours prior to the meeting. "J1. rÞ ~~O 2. " ~ BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fJ.us Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No. 2 District No. 4 District No. 5 All Board ~ef\{kQYS 7~~+ . June 22, 2004 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE MINUTES Approve the minutes of the meeting held on June 15, 2004. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT \ 4. ~~ecA ~~ ~~O eß 5A. ~~ ~~ 6~O 5B. ,¿.~ò... ~~~/b 6. ,J ~~,\\) {;,^) 7'eß ~ f\~ f) 30 -\.-1c:.«6 ðA I. CA ~L ~ CPr?::>. CONSENT AGENDA PUBLIC HEARINGS Ordinance No. 04-022 - Providing for Additional Court Costs - Consider staff recommendation to adopt Ordinance No. 04-022 as drafted. Ordinance No. 04-024 Assessment of Additional Surcharge on Non-Criminal Traffic Infractions - Consider staff recommendation that the Board adopt Ordinance No. 04-024 as drafted. END OF PUBLIC HEARINGS COUNTY ATTORNEY Law Enforcement Impact Fee - Memorandum of Understanding with Town of St. Lucie Village - Consider staff recommendation to approve the Memorandum of Understanding and authorize the Chairman to sign the Agreement. PUBLIC WORKS ~'PlÅ\-ÚÎ'"\ Ànl \01AnGel\')wt-s) At)d.;tì(fhal W6. ~10r Ô( P~LvM~+/~ Engineering Division - Approval of the revised Indian River Estates MSBU Mail-out Package - Consider fj staff recommendation to approve the attached Indian River Estates MSBU mail-out package, and signature by the Chairman. \ Ii _ . dw'llL. ì" \Ja-råìf.O pcw- (1""". LW",.-4 . ~ ~ Regular Agenda June 22, 2004 Page Two ~ ¡ ~~/D JO. ~~6D 11. L'") ~C' I\-~r COUNTY ATTORNEY Local Option Gas Tax Division of Proceeds Beginning September· 1, 2004 - Consider staff recommendation that the Board determine whether to approve the annual redetermination set out in the attached memorandum and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2004. COUNTY ATTORNEY Ordinance No. 04-025 - Providing for a five dollar ($5.00) surcharge on parking fines to fund school crossing guard programs - Permission to Advertise - Consider staff recommendation to grant permission to advertise Ordinance 04-025 for July 20, 2004 at 6:00pm. (3~ ), 7 fh. ~ !()oAÞ1 ADMINISTRATION 0 ( Proposed Increasing of Homestead Exemption - Consider staff recommendation to adopt Resolution No. 04-1 74, opposing a Proposed Constitutional Initiative Petition to Increase the Homestead Exemption by $25,000. ADMINISTRATION Bi-Weekly Committee Reports - Board to provide updates on the Committees and Advisory Boards that they serve on. ~ ...,., CONSENT AGENDA JUNE 22. 2004 1. WARRANTS LISTS Approve warrants list No. 40 2. PARKS AND RECREATION A. Job Title change from Heavy Equipment operator I (HEOI) to Foreman I (RC04-060) - Consider staff recommendation to approve the position reclassification RC04-060, changing one vacant Heavy Equipment Operator I to a Foreman I. The change has no budgetary impact. B. Request for approval to serve alcohol at Pepper Park - Consider staff recommendation to approve Berger & Tombs request to serve alcohol during its annual company picnic on July 17, 2004 at Pepper Park. 3. PUBLIC WORKS A. Solid Waste Division - Change Order No.1 for Continental Biomass Industries, Inc. for the C&D Debris Processing Facility - Consider staff recommendation to approve Change Order No. 1 for Continental Biomass Systems, Inc. This will increase the Contract amount by $16,795 making the new Contract amount $616,911.80 and extend the Contract time by 21 days. B. Approval from the Board of County Commissioners for final payment in the amount of $1,812.30; accept the project - Consider staff recommendation to accept the project and release retainage and final payment to Carlton Paving In the amount of $1,812.30, and to be signed by the Chairman of the Board. C. Engineering Division· Property Acquisitions Funding for the Midway Road Widening Project from the Turnpike to S. 25th St. - Consider staff recommendation to approve staff's request to proceed with the property acquisition funding of the Midway Road Widening Project (Turnpike to S. 25th Street)] and signature by the Chairman. D. Engineering Division - Professional Engineering Services for Stormwater Management - Work Authorization No. 2 with Bowyer, Singleton & Associates, Inc. - Consider staff recommendation to approve Work Authorization No. 2 with Bowyer, Singleton & Associates, Inc. for the Culvert Replacement at Sunrise Boulevard in the amount of $31,378, and authorize the Chairman to sign. 4. PURCHASING A. Permission to advertise Invitation for Bid for Disposal of Scrap Metal at the Bailing and Recycling Facility - Consider staff recommendation to approve the request for permission to advertise Invitation for Bid for Disposal of Scrap Metal. B. Bid Waiver and sole source declaradon for service and purchase of parts for certain County Equipment. This is for the Public Works Department, Solid Waste Division, and Central Service Department, Service Garage - Consider staff recommendation to approve the bid waiver and sole source declaration of Volvo heavy equipment parts and services to Flagler Construction Equipment. C. Permission to issue an Invitation to Bid for the sale of two (2) Surplus copiers - Consider staff recommendation to approve the permission to issue an Invitation to Bid for the sale of two (2) surplus copiers, a Savin 9550 (PRD 403548) and a Canon C6080 (PRD403557). D. Permission to advertise Invitation to Bid for Signal Maintenance and Master Construction Contract - Consider staff recommendation to approve the request for permission to advertise Invitation for Bid for Signal Maintenance and Master Construction Contract. '-' Consent Agenda June 22, 2004 Page Two ~ E. Request of the Supervisor of Elections to install Signage to include: the building, entrance sign to the Complex, and on the entrance window/door. Also blinds for the windows - Consider staff recommendation to approve the purchase of the Signage from Sign Connection in the amount of $14,245.00 and the Blinds from Astro Vertical Blinds in the amount of $895.72. F. First Amendment to Contract No. C03-09-573 with Tony's Tree Service, Inc. - Consider staff recommendation to approve the first amendment to contract C03-09-573 with Tony's Tree Service, Inc. as the primary vendor and authorize for the Chairman to sign the amendment as prepared by the County Attorney. G. First Amendment to Contract No. C03-09-548 with Tri-Brothers Tree & Landscaping, Inc. _ Consider staff recommendation to approve the first amendment to contract C03-09-548 with Tri- Brothers Tree & Landscaping, Inc. as the secondary vendor and authorize for the Chairman to sign the amendment as prepared by the County Attorney. H. Second Amendment to Contract No. C02-02-298 with Port Consolidated, Inc. - Consider staff recommendation to approve the second amendment to contract C02-02-289 with Port Consolidated, Inc. and authorize the Chairman to sign the amendment as prepared by the County Attorney. I. Second Extension to Bid #02-028, Purchase of Bailing Wire - Consider staff recommendation to approve the Second Extension to Bid #02-028, Purchase of Bailing Wire to Cavert Wire Company, Apex Pinnacle, and L&P Wire-Tie Systems. J. Permission to advertise Invitation for Bid to Furnish and Install Sod - Consider staff recommendation to approve the request for permission to advertise Invitation to Furnish and Install Sod. 5. CENTRAL SERVICES Contract Change Order #3 to Contract #C03-06-452 Administration Building Addition/Barth Construction, Inc. - Consider staff recommendation to approve Change Order No.3, to Contract No. C03-06-452 - Barth Construction, to increase the contract amount by $36,627.00 and contract time an additional ten (10) days for a completion date of November 28, 2004, and authorize the Chair to sign the Change Order as prepared by the County Attorney. 6. MANAGEMENT AND BUDGET A. Adopt Budget Resolution 04-1 81 to accept donation from The Ginn Company for the Fairgrounds Arena - Consider staff recommendation to approve the Budget Resolution 04-181 to accept the contribution from The Ginn Company in the amount of $66,540 for the Fairgrounds Arena project. B. Approve Resolution 04-183 amending Resolution 04-163 and 04-115 to correct scrivener error - Consider staff recommendation to approve Budget Resolution 04-183 amending Budget Resolution 04-163 to correct a scrivener error in the assigned resolution number. 7. COUNTY ATTORNEY A. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement- Consider staff recommendation to approve the Purchase Agreement with Mr. Viens In the amount of Four Hundred and no/100 Dollars ($400.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. ~ Consent Agenda June 22, 2004 Page Three .."""" B. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement- Consider staff recommendation to approve the Temporary Easement Agreement with Alfred R. Johnson, et ai, in the amount of Five Hundred Ninety and no/100 Dollars ($590.00) as shown on the attached sketch and legal descriptions, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. South 25th Street Roadway Widening - Midway Road to Edwards Road - Right-of-Way _ Consider staff recommendation to approve the Contract for Sale and Purchase with Bonnie Schwarz in the amount of Fifty Two Thousand One Hundred Fifty and 00/100 Dollars ($52,150.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. D. Florida Communities Trust - Capron Trail Park /FCT Project 03-069-FF3 - Grant Award Agreement - Consider staff recommendation to approve the Grant Award Agreement, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. E. Purchase Agreement with New Hope Power Partnership for purchase of wood waste material _ Consider staff recommendation to approve the purchase agreement with New Hope Partnership and authorize the Chairman to sign the purchase agreement. 8. GROWTH MANAGEMENT A. Request of Culpepper & Terpening, Inc., for final plat approval for the project to be known as Las Tortugas at Hutchinson Island (F/K/ AI Riverside @ Island Dunes Subdivision). This project is located on 3.79 acres of property on the west side of South SR A-1-A, directly north of Island Dunes Country Club and west of Regency Island Dunes, Phase II, in the HIRD (Hutchinson Island Residential District) Zoning District. The project consists of 9 single-family lots - Consider staff recommendation to approve the final plat of Las Tortugas at Hutchinson Island (F/K/ A Riverside @ Island Dunes Subdivision) and authorize its final execution. 9. B. Temporary office space for Wal-Mart Distribution Center - Memorandum of Understanding (MOU) - Consider staff recommendation to approve the first amendment to the Memorandum of Understanding between Wal-Mart and St. Lucie County for temporary office space, authorize the Chair to sign the first amendment to the MOU, and process for payment. INVESTMENT FOR THE FUTURE· LA I" ~tì,,~ -PrGfr;\Ar'Ch.hJ 5~ìAÇ+ ítwd\ bQ.o)þ.~ble. ,.J(ílYIeÆ-\nð 'I~ W í IJ V w.ftt ~ Siemens Building Technologies - Contract #C04-0 1-1 04 Change Order No. 1 - St. Lucie County }Jew Courthouse A/C System - Consider staff recommendation to approve use of Central Services Reserves in QOIð+-I~. the amount of $18,000.00 for Siemens to provide this AlC system modifications to St. Lucie County Courthouse at a cost of $15,490.00 and extension of Contract No. C04-1 0-1 04 sixty (60) days, authorize the Chair to sign the Change Order as prepared by the County Attorney. & e,tìn.wr~t-¡~, ADMINISTRATION ~; .p¡-(.o..t-ì'tM 10. Bay St. Lucie Property Owners' Association Request - Consider staff recommendation to send a letter to Port St. Lucie not objecting to the City providing water service to Bay St. Lucie Property Owners' Association. .~~ '-' Consent Agenda June 22, 2004 Page Four ...." 11. MOSQUITO CONTROL Contract Amendment to Agreement No. C04-03-157 for Exotic Control Services - Consider staff recommendation to approve Amendment No. 1 of C04-03-15 7 and authorize the chairman to execute the Amendment. 12. COMMUNITY SERVICES FY 2003/2004 Community Services Block Grant Modification of Agreement with Florida Department of Community Affairs and Budget Resolution No. 04-184 - Consider staff recommendation to approve the proposed Modification Agreement with the Florida Department of Community Affairs for the FY 2003- 2004 Community Services Block Grant, Budget Resolution No. 04-184 and authorize the Chairman to sign all documents necessary for acceptance of the modification. ~ ~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ANNOUNCEMENTS JUNE 22, 2004 A. Meeting Changes: · The July 6, 2004 Board of County Commissioners meeting has been canceled. B. The Board of County Commissioners will hold a Mining Educational Presentation on our local regulations and procedures and to receive technical information on the status of materials regarding mining operations in the county. This Presentation will take place on June 29, 2004 from 6:00 pm to 8:00 pm in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meedngs will need a record of the proceedings and for such purpose may need to ensure that a verbadm record of the proceedings is made. Upon the request of any party to the proceedings, individuals tesdfylng during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual tesdfylng during a healing upon request. Anyone with a disability requiring accommodadon to attend this meedng should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meedng. Å ~~~ j) ~ 2. 2~ ~;t ~ ..., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA June 22, 2004 MINUTES Approve the minutes of the meeting held June 1, 2004. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 39 and 40. COUNTY ATTORNEY Florida Department of Agriculture and Consumer Services (DACS) - Annual Agreement for Fiscal Year 2004/0S - Consider staff recommendation to approve the proposed 2004/05 agreement with the Florida Department of Agriculture and Consumer Services, and authorize the Chairman to sign the agreement. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn In. Any party to the proceedings will be granted the opportunity to cross-examine any Individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462- t 777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ "" ST. LUCIE COUNTY EROSION DISTRICT John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA June 22 2004 JI. ~þ 2. MINUTES Approve the minutes of the meeting held May 25, 2004. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 37, 38, 39 and 40. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn In. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying dUring a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. CA1. ~i~ ~/Ò CA2. ~'t\ i\\~ ~ /0 CA3. ~,~Qj} ~þ ~ 'wi BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA JUNE 22, 2004 CONSENT AGENDA STRATEGIC & SPECIAL PROJECTS Consider approving the Federal Functional Classification for those roadways in St. Lucie County outside of the Federal Highway Administration's approved Urban Area Boundary for the St. Lucie MPO - Consider staff recommendation to approve the recommended designations of those roadways outside of the FHW A approved Urban Area Boundary, and authorize the chairman to sign the maps indicating said approval. ADMINISTRA TlON BOCC Meeting Cancellation - Staff recommends that the July 20, 2004 Board of County Commissioners meeting be cancelled. GROWTH MANAGEMENT Request acceptance and approval of RFP #04-064 - St. Lucie County's Research and Education Park needs assessment - Consider staff recommendation that the Board allocate $29/700 from Economic Development Professional Services' budget and enter into a contract with Hammer Siler George Associates to perform a needs assessment for the research and education park - RFP #04- 064. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings Individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462·1428 at least forty-eight (48) hours prior to the meeting. ~. ~ ....., BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA JUNE 22, 2004 CONSENT AGENDA CAt. STRATEGIC & SPECIAL PROJECTS Consider approving the Federal Functional Classification for those roadways in St. Lucie County outside of the Federal Highway Administration's approved Urban Area Boundary for the St. Lucie MPO - Consider staff recommendation to approve the recommended designations of those roadways outside of the FHWA approved Urban Area Boundary, and authorize the chairman to sign the maps indicating said approval. CA2. ADMINISTRATION BOCC Meeting Cancellation - Staff recommends that the July 20, 2004 Board of County Commissioners meeting be cancelled. CA3. GROWTH MANAGEMENT Request acceptance and approval of RFP #04-064 - St. Lucie County's Research and Education Park needs assessment - Consider staff recommendation that the Board allocate $29,700 from Economic Development Professional Services' budget and enter into a contract with Hammer Siler George Associates to perform a needs assessment for the research and education park - RFP #04- 064. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462·1428 at least forty-eight (48) hours prior to the meeting. ~ TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ctJ APPROVED [=:J OTHER County Attorney Originating Dept.: Finance: '" Agenda Request CAL June 22, 2004 Item Number Date: Consent Regular Public Presentation Leg. [ [X] [ ] [ ] Quasi-JD [ Board of County Commissioners Strategic & Special Projects Consider approving the Federal Functional Classification for ose roadways in St. Lucie County outside of the Federal Highway Administration's approved Urban Area Boundary for the St. Lucie MPO. Every ten years, after the decennial Census, all Metropolitan Planning Organizations (MPOs) are required to review and approve the Federal Functional Classification of all primary roadways in their community. On June 3, 2004, the St. Lucie MPO approved a revised Federal Functional Classification for the roadways in St. Lucie County, as depicted on the attached maps. County staff has recently been advised that because some of the roadways included in this classification system are outside of the Federal Highway Administration's approved Urban Area Boundary for the St. Lucie MPO, the MPO's approval action is not, as we were originally led to understand, all encompassing of the entire County. Those areas outside of the FHWA approved Urban Area Boundary have to be acted on by the regulating unit of local government for that area. Since all of the remaining roadway segments outside of the approved Urban Area Boundary are under the regulatory jurisdiction of the County, the County Commission is apparently required to approve the designations for these roadways as part of the federal process. N/A N/A Staff recommends that the Board approve the recommended designations of those roadways outside of the FHWA approved Urban Area Boundary, and authorize the chairman to sign the maps indicating said approval. CONCURRENCE: c=J DENIED Approved 5-0 ~ - Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND784a) " ~.. '-' .....,¡ COMMISSION REVIEW: June 22, 2004 STRATEGIC & SPECIAL PROJECTS MEMORANDUM TO: County Commission FROM: Strategic & Special Projects DATE: June 17,2004 SUBJECT: Federal Functional Classification/ St. Lucie County Roadways Every ten years, after the decennial Census, all Metropolitan Planning Organizations (MPOs) are required to review and approve the Federal Functional Classification of all primary roadways in their community. On June 3,2004, the St. Lucie MPO approved a revised Federal Functional Classification for the roadways in St. Lucie County, as depicted on the attached maps. County staff has recently been advised that because some of the roadways included in this classification system are outside of the Federal Highway Administration's approved Urban Area Boundary for the St. Lucie MPO, the MPO's approval action is not, as we were originally led to understand, all encompassing of the entire County. Those areas outside of the FHW A approved Urban Area Boundary have to be acted on by the regulating unit of local government for that area. Since all of the remaining roadway segments outside of the approved Urban Area Boundary are under the regulatory jurisdiction of the County, the County Commission is apparently required to approve the designations for these roadways as part of the Federal process. Therefore, Staff recommends that the Board approve the recommended designations of those roadways outside of the FHW A approved Urban Area Boundary, and authorize the chairman to sign the maps indicating said approval. If you have any questions, please let us know. Submitted: /~ r \\ J DJM attachment FED]UNCTIONAL2000(H) cc: County Administrator County Attorney Public Works Director Growth Management Director MPO Supervisor i I õ ¡¡¡ 5' ~ Recommended by_ Chmn, Metropolitan P¡snrnng Organization Roridëi Department of Tram.portatlon App'oved by- Federal Highway Administration I ;·20" 0 FUNCTIONAL CLASSIFICATION R·Principa!Aft&r!aI;-!~ð Q.-Príl1CÍpa!~ H-MìnorMeri8! R-MajorColIector R-MinorCQ fectof !II U PrincipalA1t6l'iat--mttil'Stal:& 'r.Pril'lCipaI~~FIWY&Ð:pwy U-Pril'1Cipal~ 'J-M/norArierlsl U-CoIIeclor Local Roaœ Date Date Date Date LEGEND Shopping Mal! """"" m Ubrnry JI p- Col_ . ,.,,,,,taI """"""'" "'?oris r-' 2000 FHWA 80undefy 1__ J œ Tn.-RaH Statìon$ county Boundary 2000--2010 P¡:¡OPOSED FUNCTIONAl ClASSIFICATION IW\P 1 OF " i ~ ~ ~ I I ~ ; ~ o 2 ! ¡ ~ I 7~J!ir;H1Ln c"uCAMAt i ! § !i1 !! - ..... - ..... - - - ..... - - ..... ------ ~ ¡¡¡ ¡¡; :> w '" t FLORIDA DEPARTMENT OF fRAN -.----- - - - - - - - - - - - - - - I I NORTH 2000-2010 PROroSED FUNCTIONAL ClASSIFICATION MAP 3 OF 4 I FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT :1OOO-201(J PROPOSED FUNCTIONAl ClASSIFICATION MAP 4 OF 4 ~ AGENDA REQUEST ITEM NO. CA2 CÓUNTY " F LOR I D A "'. DATE: June 22, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [X] SUBMITTED BY (DEPT): Administration mlmstrator TO: Board of County Commissioners SUBJECT: BOCC Meeting Cancellation BACKGROUND: It has been requested that the July 20,2004 Board of County Commissioners meeting be cancelled due to lack of a quorum. FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the July 20,2004 Board of County Commissioners meeting be cancelled. COMMISSION ACTION: CONCURRENCE: "Jd. APPROVED [] OTH ER: [] DENIED 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 .... ì . \.,/ ....... '-II Agenda Request Item Number C-A3 Date: June 22, 2004 ~ [ ] To: Submitted By: Board of County Commissioners Growth Management SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Request acceptance and approval of RFP #04-064 - St. Lucie County's Research and Education Park needs assessment In order to continue development of St. Lucie County's 2,500 acre Research and Education Park, a needs assessment is required before the formation of the Park Authority. The scope of work includes identification and assessment of resources, comparison of other research parks, inventory and analysis of local development, and forecasting of marketing and development over a five year period. The selection committee met and recommended Hammer Siler George Associates to perform the necessary needs assessment for the Research and Education Park in the amount of $29,700. Funds are available in account 001-1515.531000-100 Economic Development Professional Services. On February 3, 2004, the Board approved staff to advertise for a request for proposal (RFP) to perform a needs assessment on St. Lucie County's Research and Education Park. Staff recommends that the Board allocate $29,700 from Economic Development Professional Services' budget and enter into a contract with Hammer Siler George Associates to perform a needs assessment for the research and education park - RFP #04-064. CONCURRENCE: C!J APPROVED [=:J OTHER D DENIED Approved 5-0 .k-t County Attorney Originating Dept.: Finance: Coordination/ Signatures ~/ . Mgt. & Budget: l/ctiJJ1\'1r'f,purchaSing: Other:~ Other: (insert file ref) '-' ..." i COMMISSION REVIEW: June 22, 2004 GROWTH MANAGEMENT Tourism and Economic Development MEMORANDUM TO: Board of County Commission FROM: Growth Management, Interim Director DATE: June 18, 2004 SUBJECT: Request acceptance and approval of RFP #04-064 - St. Lucie County's Research and Education Park needs assessment On February 3, 2004, the Board approved staff to advertise for a request for proposal (RFP) to perform a needs assessment on St. Lucie County's Research and Education Park. In order to continue development of St. Lucie County's 2,500 acre Research and Education Park, a needs assessment is required before the formation of the Park Authority. The scope of work includes identification and assessment of resources, comparison of other research parks, inventory and analysis of local development, and forecasting of marketing and development over a five year period. The selection committee met and recommended Hammer Siler George Associates to perform the necessary needs assessment for the Research and Education Park in the amount of $29,700. Staff recommends that the Board allocate $29,700 from Economic Development Professional Services' budget and enter into a contract with Hammer Siler George Associates to perform a needs assessment for the research and education park - RFP #04-064. /} Submitteçt.by{ t ·venson, Interim Director Management VS Attachment Cc: County Administrator County Attorney "-' ...., ;. COMMISSION REVIEW: June 22, 2004 GROWTH MANAGEMENT Tourism and Economic Development MEMORANDUM TO: Board of County Commission FROM: Growth Management, Interim Director DATE: June 18, 2004 SUBJECT: Request acceptance and approval of RFP #04-064 - S1. Lucie County's Research and Education Park needs assessment On February 3, 2004, the Board approved staff to advertise ¡;W;¡~-ðt:lt for a request for proposal (RFP) to perform a needs assessment on S1. Lucie County's Research and Education Park. In order to continue development of S1. Lucie County's 2,500 acre Research and Education P~ needs assessment is required before the formation of the Park Authority_caR ~ fel" ,aG; The SCd~ work will include identification and assessment of r~s ces, comparison of other researc~ks, inventory and anI!:) - local development, and forecas· g arketing and development over a f et y ar period. /i,.tf¿,/SIS 01'" ~ The selection committee met and recomme~ammer Siler George Associates to perform the necessary needs assessnwnt for the Research and Education Park in the amount of $29,700. ~~4L- U...,..,o' £:1' ~ Staff recommends.. allocatuS, ~ $29,700 fro professional services enter into a contract with Hammer Siler George Associates to perform a ne s e research and education park - RFP #04-064. . . . . . Submitted by: Randy Stevenson, Interim Director Growth Management VS Attachment Cc: County Administrator County Attorney '-' BOARD OF COUNTY COMMISSIONERS ...,.¡ PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - RFP #04-064 NEEDS ASSESSMENT FOR RESEARCH AND EDUCATION PARK GROWTH MANAGEMENT OPENED: JUNE 8, 2004 THE FOLLOWING VENDORS RESPONDED TO THE RFP: TOTAL 1. HAMMER, SILER, GEORGE, ASSOCIATES, SILVER SPRING, MD FAX: 301-565-4184 $ 29,700.00 2. THE CHESAPEAKE GROUP, INC., BALTIMORE, MD FAX: 410-521-0480 $ 54,000.00 NUMBER OF COMPANIES NOTIFIED*: 907 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 61 NUMBER OF BIDS RECEIVED: 2 *per demandstar.com JOHN D. BRUHN, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. FRANNIE HUTCHINSON, District No.4. CLIFF BARNES, District No.5 COUNTY ADMINISTRATOR· DOUGLAS M. ANDERSON 2300 VIRGINIA AVENUE . FORT PIERCE, FL 34982-5652 . (772)-462-1700. FAX (772) 462-1294 -~ ,:-"' I' . 1.1 ¡ '-" '....I - . STATEMENT OF WORK PART II 2.1 Statement of Work The County is looking at developing a 2500 acre Research and Education Park around the IFAS and USDA facilities. The Univer sity of Florida wi II partner with the County on the development of the Park. The next key step is to have a "needs assessmenf' completed which will dete rmine what kinds of companies can be attracted, at wha t pace the sites and bui Iding space can be marketed, at what prices and what employment and payro II can be expected to be generated. The County needs to locate a firm to prepare this "needs assessmenf'. Objectives To Be Accomplished in the Work 1. Identify and assess the research and technology resources which will be available to support research and technolog Y park development on the proposed park property. · Institutions and companies · Absolute and growth trends · Linkages · Outstanding researchers · Forming clusters 2. Examine comparable res earch and technology park projects to learn what they have achieved and how they have achieved it · Floor space and land marketing experience · Source of tenants · Development and marketing strategy · Public and private development roles 3. Inventory and analyze t he local development market · Competitive inventory · Adequacy of supporting facilities · Potential future development 4. Forecast the market success which a well developed park on the proposed site will have during each five year period of it marketing and development · Building space occupied, in total and during each period · Land sold or leased, in total and during each period · Prices/rents achieved during each period RFP #04-064 9 '-' "wi RELEVANT EXPERTISE AND EXPERIENCE Needs assessment comparable to that proposed here have been completed by Hammer, Siler, George Associates for projects where agricultural/life sciences were anticipated to be the dominant source of tenants; and for many other parks proposed to be anchored by the full technology strengths of land Grant institutions, including a strong agricultural college. A. Major Agricultural Focus Cornell Agricultural Technology Park in Geneva, New York. Cornell has major agricultural research activities at the main campus in Ithaca, but also at the fonner agricultural research station at Geneva. The primary focus of this research base is wine grapes and other fruits and vegetables. The Hammer, Siler, George Associates work on this project included resource analysis, market analysis, and total needs assessment. HSGA work on this project is complete. Site planning and engineering is complete, a developer has been selected, federal funding has been achieved, the development process for the first building is well underway, and an executive director is being selected for the park. References: Jim Hunter, Director, Geneva Research Center (315-787-2211) and Dan Sitler, Vice President, Saratoga Associates, (518- 587-2550). Project Budget: $48,600. St. Joseph, Missouri Animal Nutrition Park and Strategy. The anchor strategy for this park differed considerably. St. Joseph is the location of a number of major research, development, and production facilities for major procedures of animal nutritional products and supplements. Vemon George was the project director on this job. These producers have important relationships with the agricultural colleges at the universities in the region. The needs assessment and marketing strategy are built on these procedures, linkages among them and with universities. The work performed by Hammer, Siler, George Associates on this project included resource analyses, needs assessment competitive facility analyses and recommended market strategy. The recommended marketing strategy is being carried out and the development of a research park is well underway. Reference: R. Patt Lilly, President and CEO, (816-232- 4461). Project Budget: $55,100. I \ 1 1 Peoria Medical Technology District. This current project is to be anchored by the strong USDA research center in the agricultural life sciences and efforts to enhance strength in the clinical and research area in human life sciences. The Hammer, Siler, George Associates work on this project includes definition and analysis of the company and employment growth in the Chicago/St. Louis technology 3 HAMMER. SILER. GEORGE. ASSOCIATES I .J J J ] ] ] ] ] J ] ] ] ] 1 ] ] ] ] ] "'" ....,,¡ marketing region, best practice analyses of successful comparable research and technology projects and related mixed-use projects, and other components ofthe needs assessment. The HSGA work is in mid-stream, but the community has achieved financing for an incubator for the project, land acquisition has begun and implementation of a life sciences strategy is well underway. References: Dr. Peter Johnsçm, Director, National Center for Agricultural Utilization Research, (309-681-6541) and Dr. Richard Lister, Dean, University of Illinois College of Medicine, (309-671-8402). Project Budget: $70,000. B. Parks with Agriculture as a Major Part of a Diversified Research, Technology, and Education Anchor Strategy Many of the successful HSGA research and technology park projects have involved needs assessment and other services for diversified universities where the college of agriculture was one important support, and the college of engineering was another, and the life sciences are others. Such parks include: University of Wisconsin, University of Iowa, University of Illinois, Penn State, and other mature parks with impressive marketing accomplishments; and Auburn University, Mississippi State University and u.c. Davis, still in the early stages of development. C. Other Research and Technology Park Experience We have provided our brochure, "Optimizing the University Role in Economic Competitiveness," which describes the many agriculturally-related, medical life science related and diversified research, technology, and education park assignments of the firm. The brochure also describes the many other assignments carried out for universities around the country. Two of these assignments involve resource and needs assessments for parks in Florida. Florida Atlantic University. This agreement focused on research-based total development potential for this very successful park. The university has played a strong role in this project and has worked closely with skilled local developers to realize the potential. Reference: Scott Ellington, Executive Director, FAU Research Corporation, (561-416-6092). University of South Florida. The university has officially had a park for some time, but progress has not been satisfactory. Vernon George lead a team of his staff and the International Economic Development Council in a resource and needs assessment of the university and the community as a platform .for successful future park development. Reference: Dr. Alan Krantz, Executive Director, University of South Florida Research Foundation. HAMMER. SILER. GEORGE . ASSOCIATES 4 .J ] ] ] ] ] ] ] ] ] J ] ] ] ] ] ] ] ] '-" '...I HAMMER, SILER, GEORGE ASSOCIATES OTHER SELECTED EXPERIENCE AG-RELATED RESEARCH PARK AND RELATED EXPERIENCE University of California/Davis Research and Technology Park Analysis, Davis, CA. In this assignment, carried out for the City in close collaboration with the University, the focus was the identification of research strengths within the University, which had strong private industry potential, and then select the optimum location and actions to achieve the potential. The strong viniculture and total agricultural biotechnology programs at the University were as important focus of the analysis. In depth interviews were carried out with the ag biotech finns then in the region to identify the University and City actions which would optimize the probability they would expand in Davis. University of Southern Mississippi Research and Technology Park, Hattiesburg, MS. HSGA prepared the feasibility analysis, site selection and organizational recommendations for a research and technology park. The University, the Area Development Partnership and the Mississippi Power Company have come together to prepare an aggressive strategy for optimizing the economic development generated by the presence of the University in the community. The University has a diversified research program and particular strength in agriculture-based polymer sciences, a program which has substantial product development achievement and plays an important problem solving role throughout the industry. The two community colleges serving the area are also important players. The intent of the client is to develop a research and technology park to increase the economic development leverage of the University. University of Arkansas Research Park Feasibility Analysis, Fayetteville, AR. An important part of this analysis was identification of research strengths and industry linkages at the university with the corporate agricultural biotech industry in the Northwest Arkansas Region and nationally. An important component was the preparation of a high probability development and financing analysis for the development of a research park. Texas TechfLubbock Regional Technology Strategy and Incubator Feasibility, Lubbock, TX. These two assignments included careful resource analysis of the agricultural biotechnology resources at the university and in companies in the region; as a part of an assessment of total technology resources. A regional strategy was prepared to integrate the agricultural resources of the region into the strategy, and to identify functions which could be played by the various parts of the region in the implementation of a strategy. Mississippi State University Research Park Expansiot;'. This assignment carried out for Mississippi State focused on the market potential and feasibility of expanding the existing Mississippi Research and Technology Park. A primary focus of the work was in interviewing the strong Ag faculty to identify current and future e?Cpansion needs and how that might fit into the expansion of the Park. With market forecasts in place, based in part on the Ag-related research at the University, the site planning and programming is now underway. HAMMER. SILER. GEORGE. AsSOCIATES 5 J ] ] ] ] ] J ] ] ] ] ] ] ] ] ] J J ] ....... ....,¡ FLORIDA EXPERIENCE: Research and Technology Park, Lee County, FL. University of South Florida/Moffitt Cancer Center Research Park Reconnaissance, Tampa, FL. SOUTHERN EXPERIENCE/WITH REFERENCES: Louisville Health-related Business Park and Incubator, KY. References: Mr. Steven Spalding, Executive Director, Medical Center Development Corporation (502-584-7824) and Ms. Patricia Clare, Project Director, Louisville Development Agency (502-574-4271). Piedmont Triad Biomedical Park and Private Incubator, NC. References: Mr. Jack Steelman, Executive Director, Downtown Development Authority (336-727-2741) and Ms. Gayle Anderson, President, Greater Winston-Salem Chamber of Commerce (336-728-9214). Tennessee Regional Med-Tech Site Analysis and Implementation Strategy, Johnson City, TN. Reference: Richard Mulligan, then Director of Economic Development, City of Johnson City and now Director of Economic Development, City of Mesa, Arizona (480-644-3561). Naval Ordnance Station Louisville (NOSL), KY. Reference: Mr. Frank Jemley III, formerly with Louisville/Jefferson County Redevelopment Authority, now with Churchill Downs, 700 Central Avenue, Louisville, KY 40208 (502-636- 4574). Louisville Telecommunications Park, KY. Reference: Dr. Nancy Martin, Vice President of Research, University of Louisville (502-852- 8372). Georgia Medical Center Research Park and Incubator, GA Reference: Ms. Catherine P. Slade, Slade Partners, former Executive Director, Georgia Medical Center Authority (706-826-1570). Research Triangle Park and Region, NC. Reference: Dr. James Roberson, President, Research Triangle -Foundation of North Carolina (919-549-8181 ). Carolina Research Park, Columbia, Sc. (no reference listed) HAMMER. SILER. GEORGE. ASSOCIATES 6 '-' ~ ....; REQUIRED BUDGET AND CALENDAR PERIOD The work described in the Statement of Work, which will fully meet the "Objective" of the RFP as described, can be completed in 10 weeks from contract in place. The cost of the work including travel would be $29,700, as described in the table below: Task # 1. Identify Research and Technology Resources 2. Examine Comparable Research and Technology Parks 3. Assess Local Development Market 4. Forecast the Market Success 5. Estimate Jobs and Income Impact 6. Prepare Final Report TOTAL Share of Person Hours By Type Proj ect Director 40% Senior Staff 30% Associates 25% Support 5% Cost $5,700 4,700 3,300 10,800 2,700 2.500 $29,700 HAMMER. SILER. GEORGE · ASSOCIATES 30 ~. ( . ~ AGENDA REQUEST ..>.. "".""'~:""''''''_'__'''''_'''''_l>l_........s.'':_''''''''_''.:I'',",·-''·:.w>:.....,-·'",,> . . ~1"~'.';r.,.: ",..t!,t..,'.:':..,,,::: ~ ^~.~ ,', ~."')~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Development of a Research/Education Park in Sl Lucie County BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: 001-9910-599100-800 General Fund Contingency $51,000 PREVIOUS ACTION: N/A ..,¡ ITEM NO. § DATE: February 3.2004 REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) RECOMMENDATION: Staff is recommending that we allocate $31,000 from contingency to perform the appraisals and due diligence as the first step in acquiring these properties (see attached map). Staff is also recommending that we allocate an amount not to exceed $20,000 from contingency to prepare a conceptual campus site plan. Finally, staff is requesting authorization to go out for Requests for Proposals (RFPs) to perform a "needs assessment" for the planned research park. COMMISSION ACTION: 1)[APPROVED 0 DENIED o OTHER: Approved 5-0 Review and Approvals o County Attorney: o Management and Budget: o Originating Dept: o other: o Other: o Finance: Check for copy only, if applicable: ~ l- glas derson nty ministrator o Purchasing: Anyone with a disability requiring accommodaUons to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. H:\WINIO WORD'AGENDAWlRESEARCHEDPARKDOC '--' ....", BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 15,2004 Tape: 1-3 Convened: 6:00 p.m. Adjourned 9:10 p.m. Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Roger Shinn, Central Services Director, Mike Bowers, Utilities Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held June 8, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT A TIONS A. The County Administrator read upcoming events. B. A presentation was made by Christine Epps, Exec. Director Shred Services Network Exec. Roundtable to the Youth Advisory Council. 3. GENERAL PUBLIC COMMENTS (1-060) Mr. Barry Koker, Beau Rivage resident, addressed the Board regarding building on a non-conforming lot in his area and asked who had permitted the work. Mr. Koker was directed to contact staff for the information. Ms. Susie Caron, Indrio Road resident, addressed the growth in her area and the noise being created by the construction of Emerson Estates. Mr. John Ferrick, area resident, addressed the Board regarding the jail overcrowding and provided information back to the year 1995. He was of the opinion that anything done prior had a band aide affect on the problem and did not resolve the issue. Mr. Phillip Stickles, area resident, addressed the Board and asked they consider the Paleo Hammock property for conservation through the ESL program. Mr. Rodney Black, Candidate for Sheriff, addressed the Board regarding the jail and the management of the facility. Ms. Cecilia Martin, Avenue J resident, addressed the Board regarding the importance of reducing the population of the jail by not incarcerating those who she felt had minor infractions. Mr. Carroll Collins, area resident, addressed the Board regarding the overcrowding of the jail and offered various solutions for the Board to consider. Ms. Janet Collins, Bail Bonds Assn., addressed the Board and gave the associations concerns with pre-trial releases and monitoring devices. 1 \.f ..." Ms. Katheryn Hensley, School Board member, addressed the Board regarding the various programs for our youths. 4. CONSENT AGENDA (1-1564) It was moved by Com. Coward, seconded by Com. Barnes, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 39. 2. LIBRARY SIRSI Software Maintenance Contract- The Board approved the contract in the amount of $20,919 (SAME AS 2003) and authorized the County Administrator to sign the purchasing requisition. 3. GRANTS A. Pennission to submit a grant application to the U.S. Fish & Wildlife Service National Coastal Wetlands Conservation Program and acceptance of the grant if it is funded- The Board authorized the submittal and accepted the U.S. Fish & Wildlife Service National Coastal Wetlands Conservation Program grant application. ß. rOOT Tntcrmodal grant funds to assist with the construction costs of intermodal facilities at the new Clerk of Court building. The Board approved applying for a FDOT Intennodal grant funds. 4. GROWTH MANAGEMENT A. Resolution 04-088 approving the request of John Thompson for a Major Site Plan to allow the construction of a 163,375 square foot industrial truss manufacturing facility to be known as Builder's First Choice-St Lucie- The Board approved Resolution No. 04-088 subject to the conditions contained therein. B. Resolution No. 04-087 approving the request of Runway's End LLC for a Major Site Plan to allow the construction of a 40,000 sq. ft. to be known as Runway's End Commerce Center- The Board approved Resolution No. 04-087 subject to the conditions contained therein. C. Authorize the execution of JP ADept. of Transportation Locally Funded Agreement # 230262-5-52-01 with FDOT in the amount of $150,000 for enhancement to be planned SR 70/ St. Lucie County Fairgrounds Pedestrian Bridge- The Board supported Resolution 04- 161 and approved Local Planning Agreement # 230262-5-52-01 in the amount of$150,000 for aesthetic improvements to the pedestrian bridge. D. Resolution No. 04-175 - Qualified Target Industry Tax Refund Program- The Board approved the QT!, approved Resolution 04-175 and authorized the Chairman to sign the resolution. E. Raptor II Plat- Final Plat Review- The Board approved the final plat for the subdivision to be known as Raptor II Subdivision and authorized staff to proceed with its final processing. F. Ih:plat or"Parce\ 21 @ The Reserve (Briarcliff)" - The Board approved the replat of Parcel 21 @ The Reserve and authorized staff to complete the final processing of this plat. 2 06/11/04 F"~WARR FUND 001 001131 001149 001157 001158 001163 001285 001286 001288 001809 101 101001 101002 101006 102 102001 102107 105 107 107001 107002 '003 ..._J 1~0 140001 140122 140324 160 183 183001 183002 183003 183004 184203 164205 184805 185002 242 282 310002 310003 315 316 316001 316201 382 I' ~ 1 ~ ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #39- 05-Jù~-2004 TO 11-JUN-2004 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY01 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Net Loss Commercial Fishing Stories S.L.C. Mental Health Collaborative FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture· Fund-800 Mhz Oper Parks MSTU Fund Port & Airport Fund Port Fund USDOT/FAA-Rehab Runway 14-32 Phl FDOT/Design Runway Rehab-AL642 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Ft. pierce Beach Restoration FDEP Fort pierce Shore Protection P FIND Shoreline Stabilization for N SHIP Housing Assistance FY 01/02 Port 1&S Fund Environmental Land I&S Fund Impact Fees-Parks Impact Fees-Public Buildings County Building Fund County Capital Transportation Capital FDEP/FRDAP Savanna Rec Phase II Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund -.,.. ... EXPENSES 550,690.88 8.34 577.58 23.57 13.53 277.21 7,900.00 6,231.06 4.11 14.95 45,469.85 5,250.00 669.26 974.00 10,146.50 29,775.57 14.76 3,616.67 324,004.75 1,336.43 312.21 1,661.84 9,418.35 13,160.04 5,648.84 931.50 103.50 1,128.63 269.03 160.61 415.00 520.00 31.57 2,564.62 26,873.46 1,336.98 14,106.33 71,626.27 1,000.00 865.42 9,052.50 397,753.28 399,972.84 13,869.00 4,855.00 3,383.23 20,159.05 61,101. 76 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 06/11/04 Y""1\BWARR FUND 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 606 611 630 665 '-' ST. LUCIE COUNTY - BOARD ....., WARRANT LIST #39- 05-JUN-2004 TO 11-JUN-2004 FUND SUMMARY TITLE 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 Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Tax Deed Overbid Agency Fund SLC Art in Public Places Trust Fund GRAND TOTAL: .,. .. EXPENSES 2,148.80 87,014.52 3,400.79 1.68 1,070.00 1.68 31,570.83 14,355.98 3.81 17.17 2,452.35 2,810.03 609,403.81 28.00 150,000.00 7,864.41 87,888.81 21.54 3,049,334.09 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,761.14 0.00 0.00 0.00 0.00 0.00 6,761.14 ~ ."wI G. Replat of Parcel 23 @ The Reserve (Maidstone)- The Board approved the Replat of Parcel 23 and authorized staffto complete the final processing of this plat. 5. COUNTY ATTORNEY A. Vitolo Family Park- Corrective Quit Claim Deeds- The Board approved the quite claim deed to Lynmore Moss and Herbert S. Garten and accepted the quit claim deed from Ms. Moss and Mr. Garten correcting the legal description in the original deed. B. South 25th S1. Roadway Widening- Midway Road to Edwards - The Board approved the Purchase Agreement with John and Patricia Ferrick in the amount of$IOO.OO as shown on the sketch and legal description, authorized the Chairman to execute the Temporary Construction Easement Agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. South 25th St. Roadway Widening- Midway Road to Edwards Road- The Board approved the Contract for Sale and Purchase with Tommy and Rosalie Hawkins in the amount of $34,000.00 as shown and authorized the Chairman to execute the contract and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. D. South 25th St. Roadway Widening- Midway Road to Edwards Road- The Board approved the Contract for Sale and Purchase with Nehme Holdings, LLC in the amount of$25,000 as shown, and authorized the Chairman to execute the Contract and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. E. Midway Road/Glades Cut offIntersection Improvements- Rinker Materials- The Board approved the Easement Acquisition Agreement with Rinker Materials Corp., with an actual cost not to exceed Fifteen Thousand and Seven Hundred dollars, and authorized the Chairman to sign Resolution No. 04-179 accepting the Permanent Easement and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 6. CULTURAL AFFAIRS Resolution No. 04-162- The Board approved Resolution No. 04-162 in the amount of$ 3,820 as funding from the Institute of Museum and Library Services Museum Assessment Program. 7. CENTRAL SERVICES A. Permission to go out for RFP to provide preventative maintenance services Hnd vehicle wHshing for light neet- The Board grunted permission to go out 1'01' Rf1P to provide prcvcntative maintcnuncc services and vehicle washing for the light fleet. B. Florida Boating Improvement Program- The Board approved the request from the City of Port St. Lucie for funding assistance un the amount of $22,000 from the Florida Boating Improvement Program to accomplish a "Boating Access Study and authorized the execution of the above mentioned FBIP funds to Central Services. 8. STRATEGIC AND SPECIAL PROJECT 3 ~ '....I The Board approved preparing an Environmental Lands Impact Fee to provide funds for the acquisition of parcels identified by the County for environmental and resource protection purposes. 9. ADMINISTRATION A. Library Advisory Board- The Board ratified Corn. Barnes' appointment of Ms. Elizabeth Heard Mallonee to the Library Advisory Board. B. Permission to advertise for applicants for the Children's Services Council of St. Lucie County- The Board approved advertising for applicants to be submitted to the Office of the Governor for consideration of appointed person that will become vacant on November 13, 2004. 10. UTILITIES Change Order with Astaldi Constmction Corp. for constmction services related to the Taylor Dairy Road water line extension in the amount of$75,122.00- The Board approved the change order. REGULAR AGENDA 5.A COUNTY ATTORNEY (1-1639) Ordinance No. 04-023- St. Lucie County Water & Sewer- Consider staff recommendation to adopt Ordinance No. 04-023 and authorized the Chairman to sign the Ordinance. It was moved by Com. Hutchinson, seconded by Com. Barnes to approve the Ordinance with the stated changes; and, upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (1-1919) Resolution No. 04-089- Consider staff recommendation to approve the request of Croce Giambanco for a change in zoning from I to CG zoning district. It was moved by Com. Bmhn, seconded by Com. Coward, to approve Resolution No. 04- 089; and, upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT (1-2202) Resolution No. 04-090 - Consider staff recommendation to approve Resolution No. 04- 090 granting the petition of James Morrow fora Conditional Use Permit to allow the operation of a freestanding bat for the onsite consumption of alcohol within the CG zoning district. It was moved by Com. Hutchinson, seconded by Com. Bmhn, to approve Resolution No. 04-090; and, upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (1-1903) Preliminary Planned Unit Development approval for the project known as Johnston Lakes- This item has been withdrawn. It was moved by Com. Coward, seconded by Com. Barnes to accept the withdrawl of this petition; and, upon roll call, motion carried unanimously. 4 ~ "" 5.E GROWTH MANAGEMENT(1-2294) Becker Holding Corp. Future Land Use Amendment- Consider staff recommendation to continue the hearing to consider the adoption of the Becker Holding Corp. Future Land Use amendment until September 7,2004. It was moved by Com. Coward, seconded by Com. Bruhn to continue this public hearing on September 7,2004 at 6:00 p.m. or as soon thereafter as possible, and, upon roll call, motion carried unanimously. 6. PUBLIC WORKS Indian River Estates MSBU Mail out package- This item has been pulled. 7. ADMINISTRATION Relocation of Fire Station # 2 Letter of Intent- Consider staff recommendation to send a Letter of Intent to the St. Lucie County Fire District offering them 1.5 acres on County property to construct a new tire station. This item has been pulled 8. PUBLIC WORKS (1-2515) Request to assist the City of Ft. Pierce building department with inspections, plan review and building official duties for a period of 30 days- Consider staff recommendation to approve assisting the City ofFt. Pierce building department. It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. ADDITIONS RA-1 COUNTY ATTORNEY Resolution No. 04-180- Consider staff recommendation to approve Resolution No. 04- 180, increasing the amount of financing for North County Utilities. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. 04-180; and, upon roll call, motion carried unanimously. RA-2 ADMINISTRATION Transfer of Inmates to Highlands County- Commissioner Barnes requested this item be revisited. Com. Barnes reviewed the previous meeting and noted that the Sheriff stated he did not have the $100,000 in his budget to allocate towards this transfer. Com. Barnes stated he would rather spend the money on a temporary solution as previously presented. ^ temporary structure would keep the money in the county and we would have something to show for the monies spent. Com. Lewis expressed her concerns with the personnel at the jail and this is why she voted in favor of the transfer. Due to the emergency situation and until a temporary solution is decided she feels this is still the best option. Com. Coward stated if the county can put in buildings who have a long life span such as 30 or 40 years and then when the 2 new pods come into play and then when we 5 '-' ..., eventually reach the next threshold when expansion is needed, the investment made today on these buildings can be utilized to get us through that crunch. He noted that the State has closed the Mental Health facilities which has pushed them into our jails and this has been a concern for some time. Also, the strict enforcement on the violation of probations has also had an affect on our jail. The growth issue is another issue which needs to be coordinated better with the City of Port St. Lucie. They need to be made aware of the impact this growth is having on the other service providers within the county. Com. Barnes read a lctter from Judge Kelly from Pittsburgh, Pa., regarding an assessment of the Criminal Justice System which was done in Alleghany County, Pa. Com. Hutchinson questioned an assessment being done within a 16 week period as stated in the information provided. The County Attorney stated the Board would need to go out for RFP's since there are other companies who can do the assessment. The County Administrator asked for permission to proceed with the RFP procedures. The Chair stated she was going to suggest he proceed with the scope of services and get the process underway. Com. Coward stated the growth is hard to project if the City of Port St. Lucie will not work with the county on the growth projections planned in the future. It was the consensus of the Board to proceed with the RFP process for an assessment of the Criminal Justice System and will return to the discussion of the transfer of inmates. RA-3- ADMINISTRA nON Sheriff's additional budget request. The County Administrator advised the Board of the following: The Chairman had received a letter today from the Sheriff, and in the letter it state's "the time has arrived and I am now requesting $527,477.98 pursuant to the BCC direction regarding cost to hire, train and equip the additional personnel". The County Administrator stated, "at the last meeting the BCC at the time of approving the transfer of inmates from St. Lucic County to Highlands County, they deducted $100,000 from the $500,000 which had been set up in the county's budget to be allocated to the Sheriff should he need it during this budget year. At that time, taken into account, there is $400,000 remaining". Com. Barnes commented on the hiring of the correctional officers for the fiscal year. The Sheriff staff stated due to the jail population, the officers are now needed as well as needing officers when the new pods open. Training new officers takes a total of 10 months. The Finance Director for the Sheriffs office advised the Board of the following: they did not budget for the new jail because they were told at the time of the budget hearings and this was while he was doing his budget and before the Board approved the new pods, that when the new pods come on line they were to submit a supplemental budget to cover the cost of that. The commission voted in May of2003 to go out for qualifications based design built which meant they would have been in the ground this month. The pods would have been completed this month, as the process went along this changed and became an RFP process not by their choice, but by the County's choice. 6 ~ ...., Com. Barnes stated this happened during the month of July and at that time it did not include funds for staffing of new pods because everyone knew the pods would not be completed. The funds were set aside in case the officers would be needed not 10 months before the completion of the pods. Chief Deputy Wilson circumstances before their control has pushed everything until April of next year, however it has been a benefit to them to bring these officers in at this time due to the existing population at the jail. It is unfortunate they do not have a pod to place .these inmates in or the officers, they certainly need them to safely manage the inmate population today. The Sheriff read a memo concerning the notice to proceed on the building of the pods and this was given to him June 18,2003 and he did not know this was going to change at the time of the budget process. The Sheriff advised the Board he budgeted for 1121 this year and are now averaging 1240 and they only have 1121 beds. They have added beds, and the facility has 768 beds and now they have 1207. They have added 250 beds on the floor and are continuing to add. Com. Coward commented on the projection and how many inmates came in above that projection. He also asked how many officers are needed per inmate and what the costs are. He has just received the infonnation and asked to vote on a half a million dollar, he would like to review the information this week and also do his homework on it before voting. The Sheriff stated he did not ask for this issue to be placed on the agenda today. Com. Lewis suggested holding off on this issue for a week in order to obtain more infonnation and answer any concerns. Com. Barnes asked what exactly the Sheriffwas requiring at this time and where they are going with this with the fiscal year not being over. The Sheri ff stated his dcpartmcnt was not running out of money to fulfill their budget rcquircments, thcy only wishcd to put the Board on notice that if they continue to see the inmatc population growing, they will be in a deficit by the end ofthe fiscal year. They only have beds for 1207 inmates and by statute this is the responsibility of the county to provide the beds and they do not have the space to add anymore. Com. Coward concurrcd with revisiting this issue within one week when more information is obtained and reviewed. Com. Lewis stated she wanted to make clear that this issue is due to the overcrowding and not by mismanagcment or misbudgeting of funds. Com. Hutchinson asked what is the Sheriff is asking, is this a fonnal request today or is it for somewhere down the road. The Sheriff stated they knew the money was budgeted and it would be used to staff and train the new officers for the jail. The Board can give them the money today, but there is no fire to have it today. However sometime between now and before the end of the fiscal year, they will need the funds. Chief Deputy Wilson addressed the Security contract with the contractor providing the improvements to the jails security system. Tlw County Attorney rcvicwcd thc contract. Deputy Wilson addressed the needed officer security for the contractors due to the fact of the tools they carry can be dangerous. 7 ..., WfI4 This item will be discussed within one week. Motion for item RA2 Com. Bruhn stated that if Sheriff was going to hire more personnel, then there would not be a need to send the inmates out and he would prefer providing the housing facility being considered. Com. Barnes asked if the Sheriff's office would use a low-tech building ifit was built even if it did not have air conditioning. The Sheriff addressed his question and stated they would utilize the building even if it was not air conditioned. Com. Barnes stated this was what he wanted to hear and at some point they could save money if these structurcs wcre built. The County Administrator commented on the retrofitting of the donn and the cost. Com. Coward stated he felt the transferring of the inmates was still needed for a short telm until the other buildings are built if anything for safety reasons and for an immediate release of the pressure at the jail. The Central Services Director stated they could build the low tech buildings, delivery and construct would take about 90 to 100 days and 45 additional days for fire sprinklers and building codes to be met and if sprung buildings were placed, this would cut the time to about 45 days. Com. Hutchinson would like to know the wants and needs from the Sheriff and what is the cost between now and October 151 and also asked if the committee could review the information and ask for their input and all be presented at one time. Com. Bruhn stated the Sheriff has told them what he needs, the question is what are they going to give him and this needs to be resolved. Com. Lewis commented that moving the inmates off site was not the Sheriffs recommendation, but the County's and he could not afford the plan how it was presented. Com. Coward stated there is not one plan because there is not one answer. There are multiple views and opinions. He addressed the combinations of the recommendations. After continued discussion, it was moved by Com. Hutchinson, seconded by Com. Coward to transfer inmates to Highland County with not more than $100,000 in cost be utilized from the county contingency funds for the short term and staff was directed to move forward with the alternative low tech facility; and, upon roll call, motion carried unanimously. It was also required that the committee meet before any inmates are transferred and also to require the infonnation be brought back by July 13, 2004. UNAGENDADITEM Prima Vista Blvd., emergency road repair. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to declare an emergency and initiate an emergency purchase order for repairs of the road failure on Prima Vista Blvd.; and, upon roll call, motion carried unanimously. 8 ~ ...,., There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 9 , . , \a.f """ " AGENDA REQUEST ITEM NO. ~ DATE: June 22, 2004 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 04-022 - Providing for Additional Court Costs BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 04- 022 as drafted COMMISSION ACTION: CONCURRENCE: County Attorney: ¡9Y Review and Approvals IX.] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only. if applicable) Eff. 5/96 .' ~ ...", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-870 DATE: June 9,2004 SUBJECT: Ordinance No. 04-022 - Providing for Additional Court Costs ************************************************************************** BACKGROUND: The 2004 Florida Legislature recently passed legislation that authorized counties to adopt an ordinance providing for the increase the assessment for law enforcement training from $2.00 to $4.50 and providing for additional court costs in an amount not to exceed $65.00 to be imposed by the court against every person who pleads guilty or nolo contendre to or is found guilty of any felony, misdemeanor or criminal traffic offense. If the Board determines to adopt an ordinance, the proceeds of the $65.00 assessment are required to be distributed as follows: 1. Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in section 29.004, Florida Statutes, and county funding for local requirements under Section 29.008(2)(a)2, Florida Statutes. 2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under Section 29.008(3)(a), Florida Statutes. 3. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. 4. Twenty-five percent of the amount collected shall be used as determined by the Board to support teen court programs, juvenile assessment centers, and other juvenile alternative programs. " '-' ""'" Attached to this memorandum is a copy of draft Ordinance No. 04-022 which, if adopted, will increase the amount assessed pursuant to section 938.15, Florida Statutes, for law enforcement training and impose the additional $65.00 charge. Permission to advertise was granted on June 8, 2004 and notice of the public hearing was published in the Tribune on June 10, 2004. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 04-022 as drafted. Respectfully submitted, DSM/ caf Attachment · ' ~ 'wi ORDINANCE NO. 04-022 AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY TO INCREASE THE ADDITIONAL COURT COST FOR LAW ENFORCEMENT TRAINING TO $2.50 TO BE IMPOSED BY THE COURT AGAINST EVERY PERSON CONVICTED FOR VIOLATION OF A STATE PENAL OR CRIMINAL STATUTE OR CONVICTED FOR VIOLATION OF A MUNICIPAL OR COUNTY ORDINANCE OR NON-CRIMINAL INFRACTION; PROVIDING FOR ADDITIONAL COURT COSTS IN THE AMOUNT OF $65.00 TO BE IMPOSED BY THE COURT AGAINST EVERY PERSON WHO PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS FOUND GUILTY OF, ANY FELONY, MISDEMEANOR OR CRIMINAL TRAFFIC OFFENSE UNDER THE LAWS OF THE STATE OF FLORIDA; PROVIDING FOR THE ADMINISTRATION BY THE COUNTY; PROVIDING FOR DISBURSEMENT OF FUNDS TO THE COUNTY; PROVIDING FOR QUARTERLY REPORTS; PRIORITY; INDIGENCY; PROVIDING FOR REPEAL OF SECTIONS 1-7-2, 1-7-3, 1-7-4, 1-7-5, 1-7-6.5, 1-7-7, 1-7-8, 1-7-9, 1-7-11, 1-7-12; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board"), is authorized by Section 939.185, Florida Statutes, to adopt an additional court cost of sixty- five and 0/100 dollars ($65.00) to be used by the County for: a. innovations to supplement state funding for the elements of the state courts system identified in Section 29.004, Florida Statutes, and county funding for local requirements under Section 29.008(2)(a)2, Florida Statutes; and, b. providing legal aid programs required under Section 29.008(3)(a); and, c. funding personnel and legal materials for the public as part of a law library; and, d. supporting teen court programs,juvenile assessment centers, and other juvenile alternative programs. Strucl( through portions are deleted. Underlined portions are added. · ' '-" ......, WHEREAS, the Board has determined that the adoption of this Ordinance imposing an additional court cost is in the best interest 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. ARTICLE I OF CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY IS HEREBY AMENDED AS FOLLOWS: Sec. 1-7-1. Additional costs for law enforcement training. Every court in the county created by Article V of the State Constitution shall assess :f:w6 four and 5000/100 dollars ($2-:004.50) pursuant to sections 318.18(11)( c) and 938.15, Florida Statutes, in addition to the three dollars ($3.00) assessed by section 938.01(1), Florida Statutes, as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance or non- criminal infraction. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles. All such costs collected by the aforesaid courts shall be deposited in a special grant fund of the county to be used for law enforcement training expenditures by said county. Sec. 1 7 2 Circuit court Civil di¥ision service charges. Tn~ party institutil"l9 any civil action, suit or proc~~din9 in tn~ circuit court snail pay to tn~ cI~rk of tn~ court s~rvic~ cnarg~s as follows: W For filin9 all ci',¡1 actions (ov~r fi"~ tnousand dollars ($5,000.00)): *CI~d<'S :;~r·,ic~ cnar9~ ...................................... $10.00 L~9al aid ....................................................-1e:OO Lav.. library ..................................................-3e:OO Stat~ Ô',iI action f~~s .........................................-&00 Court facility cRar9~ ......................................... 4§:00 Stat~ court ~ducðtion trust fund ................................-2-:W 'A~diation arbitration cRar9~ ................................... 5.00 +Ma+ $140.50 Strl:lc!( thl"61:1gh portions are deleted. Underlined portions are added. 2 '-' ~ * This service charge is f defe"da"t3. If there a or up to a"d i"cludi"g H', (5) . ,PE more th .. · IS"" additional .horg. of two doll "" .~v< (5) defe"do"ts, there d.fe"dont ars ( 2.00)foreoeh addT I . Ilona tb1 Additional charge f I . or proceeding f . PEP <VI", o"d distPE33 0 gornlShment, ottoehment , . . . . . . . . . . ., . . . . . . . . Additionol .harge to be paid b" t . . . se'f'erance that is granted T he party seel<ing eac,", . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 te1 td1 Forfiling p.titio" fo ".. . . . . . . . . . . . . . . . . . . ~ r clssolutlon Of . marriage or annulment: Clerk's service charge Legal aid ... . . . . . . . . . .. . . . . . . . Low librar" ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $40.00 T ..... . . . . . . . . . . . Stot. civil "tion f~'e~"" ...... .. .. ....... .' . .. .... . .. .. ~ Courtfoeility .horg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -3&.00 IIRS fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -&.00 State cou;t ~d~~ . ~: . . . . . . . . . . . . . . . . . . . . . : : : . . . . . . . . . . . . . . . . . . . 4M9 " . . a Ion trustfu"d . . . . . . . . . . . . . ,,,edlatIO" arbitrat' h . . . . . . . . . . . . . . . . . . . . . Me F' ' Ion c arge . . . . . . . . . . I II'Ig of final J'ud . . . . . . . . . . . . . . . . . . . . .2o§g ~. gment of dissol t' . . . . . . . . . . . . ISploced hom.maker trust fund u 10" of marrioge service ~~~~~~. . : . . . Me ............ ...-7:00 . . . . . ~ . .......... ... 5.00 ~ For filing petitio" , . . $157.50 f " Tor modlflea:t= f o. marrioge: . 10" 0 0 final judgm....t 0' ". . T clssolutlon H d' . ~\e latlon arbitration charge egal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . $45.00 . . -±e:oo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +e-fttf $55.00 For filing notice of appeal: Ser'~ice charge to dist . Court . flct court of appeal and stat . . . . . . . . . . . . . . . . . . supr.m. Service charge to cI k . . . . . . . . . . . . . . . . . . er- of =t=h .' . . . . . . . . . $"§ e circuit court . . . . . . . . ... 0.00 ~t~"I:tk'..9h portions ace deleted .. . . . . . . . . . . . . . . .. $75.00 n er Ined portions are added. . fA 3 '-" .."" 'y,ediatiol'l arbitration charge . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 5.00 Total $78.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . td1 For disposition of persol'lCll property without administration: Clerk's service charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $20.00 Legal aid ....................................................---§-;99 Law library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -39:99 Court facility charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8:00 'l.ediatiol'l arbitration charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total $68.00 . . . . . . ., . . . . . . . . . ., . . . . . .. . . . . .. . .. . . . . . . . . . . . . . . W Summary administration: Clerk's ser'¢ice charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $35.00 Legal aid ....................................................---§-;99 Lavv' library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -39:99 Court facilit·ý charge ......................................... -8:00 State court education trust fund ................................-2-:§9 U er :f 1;):I::f h me la 101'1 ar I ra 101'1 C arge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total ..................................................... $85.50 tf7 Family admil'listratiol'l: Clerk's service charge ....................................... $45.00 Legal aid ....................................................---§-;99 Law library ..................................................-39:99 Court facility charge .........................................-8:00 State court education trust fund ................................-2-:§9 Mediation arbitration charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total ..................................................... $95.50 tg1 Formal administration guardial'lshiþ, ancillary, curatorshiþ or cOl'lserva torshiþ þroceedil'lgs: Strud( through portions are deleted. Underlined portions are added. 5 '-' ....., Certified copy of notice of appeal for district court ...............--2-:ee Sec. 1 7 3. Circuit court Probate and guardianship di'¡ision service charges. The service charges of the clerk of the circuit court for filing probate and guardianship cases are as follows: W For the opening of an', estate of one document or more, induding but not limited to petitions and orders to appro'ý'e settlement of minor's clai'Tls; to open a safe deposit box; to enter rooms and places; for the determination of heirs if not formal administration and for a foreign guardian to ITlaMge property of a nonresident, but not to indude issuance of letters or order of summary and family administration: Clerl('s service charge ....................................... $20.00 Legal aid ....................................................--§:99 Law library ..................................................-3e:99 Court facility charge ..........................................-8:99 Mediation arbitration charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total . . .. . . . . . . .. . . . . . . .. . .. .. . . .. . . . . .. .. . . . . .. .. . . . .. . . . . . .. .. , . . . . . . $68.00 tb1 Caveat: Clerl('s service charge ........................................ $15.00 Legal aid ....................................................--§:99 Law library ..................................................-3e:99 Court facility charge .......................................... -8:99 U d' :f b' . h me la Ion ar Itratlon c arge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total ..................................................... $63.00 te1 Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcripts to record: Clerk's service charge ....................................... $30.00 Legal aid ....................................................--§:99 Lav.. library ..................................................-3e:99 Court facility charge ..........................................-8:99 Strl:ld( threugh portions are deleted. Underlined portions are added. 4 '-' ..." Clerk's service cnarge ....................................... $75.00 Legal aid ....................................................--§:e9 Law library ..................................................-3G:OO Court facilit.,. cnarge ......................................... -8:00 State court educatiol'l trust fUl'ld ................................-2:§G Mediatiol'l arbitratiol'l cnarge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.50 W Guardial'lsnip proceedil'lgs of persol'l 01'11.,.: Clerk's serv'ice cnarge ....................................... $25.00 Legal aid ....................................................--§:e9 Law II brary ..................................................-3G:OO Court facility cnarge .........................................-8:00 u cf :1' b' . n me la 101'1 ar ItratlOI'l c arge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 73.00 f8 Veteral'ls admil'listratiol'l guardial'lsnip pursual'lt to Cnapter 744, Florida Statutes: Cled('s service charge $25.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B1 Exemplified certificates: Clerl('s sen'ice charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 4 .00 CO',er sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --4:99 Total ...................................................... $5.00 tkJ Petition for deterlTlination of incompetency: Clerk's service cnarge ....................................... $25.00 Legal aid ....................................................--§:e9 Law library ..................................................-3G:OO Court facility charge .........................................-8:00 Strl:lc!( through portions are deleted. Underlined portions are added. 6 '-' ...,,¡ Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $68.00 Sec. 1 7 4. Coul'lty court civil divisiol'l charges al'ld cost.s. UpOI'I the il'lstitutiol'l of al'lY civil acti61'1 or proceedil'lg il'l coul'lty court, the plail'ltiff, whel'l filil'lg his actiol'l or proceedil'lg shall pay the f611owil'lg ser·,ice charges: W Claims of less thal'l ol'le hUl'ldred dollars ($100.00): Filil'lg fee .................................................. $10.00 Legal aid ....................................................-§:OO Court facility ................................................ ~ Law library ...................................................-6:00 State court educatiol'l trust fUl'ld ................................-2:§9 State court C6st ..............................................-1:00 U ef : :' I:)", ",. h me la 101'1 ar I ra 161'1 C arge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total ..................................................... $37.50 fb1 Claims of 61'1e hUl'ldred dollars ($100.00) or m6re but less thal'l two thousal'ld five hUl'ldred dollars ($2,500.00): Filil'lg fee ................................................. $25.00 Legal aid ....................................................-§:OO Court facilit'f ................................................-7:99 Law library ...................................................-6:00 State court educatiol'l trust fUl'ld ................................-2:§9 State court cost ..............................................-1:00 N,ediatiol'l arbitratiol'l charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total ..................................................... $57.50 fe1 Claims of more thal'l two thousal'ld five hUl'ldred dollars ($2,500.00): Filil'lg fee ................................................. $40.00 Legal aid ....................................................-§:OO Court facility ............................................... 12.00 Law library ..................................................-±e:ee State court educatiol'l trust fUl'ld ................................-2:§9 Strl:Jd( through portions are deleted. Underlined portions are added. 7 '-' ...., State court cost ..............................................-7;00 Mediatiol'l arbitratiol'l charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total ...................................................... $81.50 td1 Removal of tel'lal'lt (e'¢ictiol'l): Filil'lg fee ................................................. $35.00 Legal aid ....................................................-§:G9 Court facility ................................................-4:00 Lav.· library ..................................................-1-5:00 State court educatiol'l trust fUl'ld ................................-2-:-§9 State court cost ..............................................-7;00 Mediatiol'l arbitratiol'l cnarge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Total ..................................................... $73.50 fe1 Additiol'lal charge for processil'lg of garl'lishmel'lt, attachmel'lt, replevil'l al'ld distress ....................................... $35.00 fA Notices of appeal (two (2) separate paymel'lts)*: Filil'lg /'\Otice of il'lferior court, coul'lty court .................... $50.00 Filil'lg l'Iotice to higher court, circuit court ..................... $75.00 *These charges do /'\Ot il'lclude service:. charge for certified copy of /'\Otice of appeal to the circuit court. Sec. 1-7-2 Assessment of additional court costs. A. The court shall assess court costs of sixty-five and 0/100 dollars ($65.00) per case. in addition to any other authorized cost or fine. on every person who pleads guilty or nolo contendre to. or is found guilty of any felony. misdemeanor. or criminal traffic offense under state law. B. The clerk of the circuit and county court ("clerk") shall collect the sixty-five and 0/100 dollars ($65.00) court costs assessed by the court and deposit those funds in a separate. designated account established by the clerk. The clerk shall release funds to the Board upon request. Strud( thrðl:Jgh portions are deleted. Underlined portions are added. 8 '-' ~ Sec. 1-7-3 Allocation of additional court costs. The additional court costs imposed pursuant to Section 1-7-2 of this Code shall be used only in St. Lucie County. to be allocated as follows: 1 Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in section 29.004. Florida Statutes. and county funding for local requirements under Section 29.008(2)(a)2. Florida Statutes. £, Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under Section 29.008(3)(a). Florida Statutes. l. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. 4. Twenty-five percent of the amount collected shall be used as determined by the Board to support teen court programs. juvenile assessment centers. and other juvenile alternative programs. Sec. 1-7-4 Quarterly Reports Required; Priority; Indigency. The Board shall report the amount of funds collected pursuant to this section and itemized list of expenditures for all authorized programs and activities. The report. in a format developed by the Supreme Court. shall be submitted to the Governor. the Chief Financial Officer. the President of the Senate. and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30. 2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2.. 3.. and 4. of Section 1-7-3. shall be transferred for use pursuant to subparagraph 1 of Section 1-7-3. The disbursement of costs collected under this section shall be subordinate in priority order of disbursement to all other state-imposed costs. restitution or other compensation to victims. and child support payments. If a person is determined to be indigent. the clerk shall defer payment of this cost. Strl:Jd< through portions are deleted. Underlined portions are added. 9 ~ ...., Sec. 1 7 5. Service charges other than those fixed b'f this chapter. Service charges other thal'l those fixed il'l this chapter shall be gO'v'erl'led il'l Section 28.24, Florida Statutes, as amel'lded. Sec. 1-7-6~. Disposition of law library funds. All additional costs collected for the law library shall be set aside by the clerk to be used exclusively for the establishment and maintenance of the county law library. At the end of each month, such clerk will turn over such funds so collected to the board of trustees of the county law library as provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895, Laws of Florida. Sec. 1 7 6.5 AssessmenT of additional court costs for court facilities. Pursual'lt to Sectiol'l 939.18, Florida Statutes, a court is authorized to charge al'l additiol'lðl amoul'lt /'lOt to exceed ol'le hUl'ldred fifty dollars ($150.00) il'l court costs to assist il'l the cost of providing al'ld mail'ltainil'lg court facilities il'l St. Lucie Coul'lty. INhel'l assessed, the fUl'lds will be paid to the clerl< of the court of St. Lucie COUl'lt·ý. The clerk of the court will forward, 01'1 a mOl'lthly basis, those costs collected pursual'lt to Sectiol'l 939.18, Florida Statutes, to the board of coul'lty commissiol'lers for deposit of said fUl'lds il'lto a special and separate accoul'lt titled "Court Facilities FUl'ld Court Costs" as established in sectiol'll 7 7(b) of the Code. Sec. 1 7 7. Disposition of court facilities funds from court filing charges and from court costs; accounting by clerk of the court. W Court facilities fund Filing charges: All additiol'lðl costs collected for court facilities from court filil'lg charges shall be set aside by the clerl< il'l a separate accoul'lt titled "Court Facilities FUl'ld Filil'lg Charges" to be used exclusively for the cOl'lstructiol'l, operatiol'l al'ld mail'ltel'lðl'lce of court facilities as determil'led by the board of coul'lty commissiol'lers. fb1 Court facilities fUl'ld Court costs: All additiol'lðl costs collected pursual'lt to sectiol'll 7 6.5 shall be used to provide al'ld mail'ltail'l court facilities ul'lder rules adopted by the admil'listratiol'l commissiol'l. The clerk of court will keep a record of costs assessed, recei'ved al'ld forwarded to the board of coul'lty commissiol'lers for deposit il'l the "Court Facility FUl'ld Court Costs." The clerl< of court il'l her capacity as accountal'lt to the board of coul'lty cOIT\missiol'lers, will provide to the chief judge, of the ~Jil'leteel'lth Judicial Circuit, the board of coul'lty commissiol'lers al'ld the admil'listratiol'l commissiol'l al'l al'll'lual fil'lal'lcial Strl:J.::!< thrsl:Jgh portions are deleted. Underlined portions are added. 10 ",. 'wt1 report 01'1 the court facilities fund outlining the al'Munt of court costs collected, expenditures and earnings from the investment of said fund. Sec. 1 7 8. Reser'/ed. Editor's note Ordil'lance No. 86 61, Pt. I., adopted Dec. 9, 1986, specifically repealed former 5 1 7 8 in its entirety. Such former action pertained to additional pel'lalty in I'IOncriminal dispositions of traffic infractions and derived from Ord. No. 86 21, Pt. I., el'lacted July 20, 1986. Sec. 1 7 9. Disposition of mediation arbitration fund. All additiol'lal costs collected for mediation arbitration services shall be set aside by the clerk in the CÍ'v'il court mediation arbitration account fund, county court mediation arbitration account fund and the family mediation account fund, as appropriate, to be used to fund circuit CÍ'v'il ~ediation arbitration services, county civil mediation arbitration services and family mediation arbitration sef'v'ices under the super'y'ision of the chief judge for the Nineteenth Judicial Circuit. The Clerl< shall forward one dollar ($1.00) of eaCR cRarge to the office of the state courts adl'l'linistrator for deposit in the state l'I'Iediatic}/'l and arbitration trust fund. Sec. 1-7-W Q. Disposition of legal aid fund. All additional costs collected for the pro bono legal aid program shall be set aside by the clerk in a separate account to be used exclusively to fund the pro bono legal aid program under the supervision of the St. Lucie County Bar Association for the Nineteenth Judicial Circuit or its designee. Sec. 1 7 11. Assessment of court costs to be used for the implementation ond operation of a jU't'enile assessment center. W The court shall assess court costs of three dollars ($3.00) per case, in addition to any otRer authorized cost or fine, 01'1 e'v'l!.ry person who, with respect to charge, indictment, prosecution commenced or petitiol'l of delil'lquel'lcy filed il'l the county or circuit, pleads guilty, 1'1010 cOl'ltendre to, or is con'y'icted of, or adjudicated delinquent for, or has had adjudicatiol'l withheld for, a felol'lY or misdemeal'lOr, or a crimil'lal traffic offense or hal'ldicapped parking violation ul'lder state law, or a violatiol'l of any mUl'licipal or county ordil'lal'lce, if the violation constitutes a misdemeal'lOr under state law'. Strucl( thF6Ugh portions are deleted. Underlined portions are added. 11 '- .'WI tb1 . The cler/< of the circuit aMd couMty court shall collect the three dollar ($3.00) court costs assessed b'; the court aMd deposit those fUMds iM aM appropriate, desigMated accoUMt established b'T the clerk. The cierI< shall withhold five (5) per ceMt of the a33essm~nts collected for the costs of administering the collection of assessm~nts. The cierI< shall release funds to the sheriff upon r~quest. The clerk shall also, at the request of the sheriff, receive and deposit iM the designated account, any additional fUMds attaiMed by the sheriff for the impl~meMtatioM aMd operatioMs of the jU'v'enile assessmeMt ceMter, aMd rel~ase those fUMds to the sheriff UpOM request. Sec. 1 7 12. Assessment of court costs to be used for the operation and administration of teen court. W The court (both COUMty aMd circuit) shall assess court costs of three dollars ($3.00) per case, iM additioM to any other authoriz~d cost or fine, against every person who pl~ads guilty or nolo conteMdre to, or is convicted of, regardless of adjudication, a violation of a 3tate cril'ninal statute or a municipal ordinance or cOUMty ordinance or who paY3 a fine or civil p~nalty for any '¡iolatioM of Chapter 316, Florida Statute3. 1'.1'1'1 person who3e adjudication is withheld pursuant to the provisioMs of section 318.14(9) or (10), Florida Statutes, shall also be assessed such cost. The assessm~nt shall not be deducted from the proce~ds of that portioM of any fine or civil penalty which is received by a municipality in the count·; or by the county in accordance with Sections 316.660 and 318.21, Florida Statutes. The assessment shall specifically be add~d to an'; ci·...il penalty paid for a ·...iolation of Chapter 316, Florida Statutes, whether 3uch penalty is paid by mail, paid in per30n without r~quest for h~aring, or paid after h~aring and determination by the court. I ~owe'v'er, the assessmeMt shall not be made against a person for a violation of any state statutes, COUMty ordinance, or municipal ordinance relating to the parldng of 'V'ehicles, with the exception of the handicapped pad<ing laws. tb1 The clerk of the court shall establish a teeM court trust fund, to be used to fund the operatioM and administratioM of the teeM court, under the direction of the court administrator aMd the sup~rvision of the chief judge of the ninet~enth Judicial Circuit. The clerk of the court shall collect and deposit the assessments collected pursuant to this s~ction and shall remit the same to the teen court monthly, less five (5) per cent, which is to be retaiMed as f~e income of the office of the circuit court. Sec. 1-7--8 Z. Civil traffic infraction fund. Effective November 1, 1999, there is created a separate fund titled "civil traffic infraction fund". All monies deposited in the fund by the clerk pursuant to administrative Strl:Jc!( threugh portions are deleted. Underlined portions are added. 12 ",. ....J order shall be used to pay expenses of the civil traffic hearing officer program as approved by the chief judge of the Nineteenth Judicial Circuit pursuant to the budget for the program established by the Board of County Commissioners. PART B. SEVERABILITY . If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. PART C. EFFECTIVE DATE. This ordinance shall become effective July 1, 2004 or upon receipt of official acknowledgment from the Secretary of State that said ordinance has been filed, whichever is later. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis Vice Chairman John Bruhn Commissioner Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward xxx xxx xxx xxx xxx PART F. CODIFICATION. Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered Strucl< through portions are deleted. Underlined portions are added. 13 '" ...., to accomplish such intention; provided, however, that Parts "B" through "F" shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Strucl< threugh portions are deleted. Underlined portions are added. 14 '-' ... ......" I AGENDA REQUEST ITEM NO. 5B DATE: June 22, 2004 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 04-024 - Assessment of Additional Surcharge on Non- Criminal Traffic Infractions BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 04- 024 as drafted COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: X' Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 '-' ...." .- INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-871 DATE: June 9,2004 SUBJ'ECT: Ordinance No. 04-024 - Permission to Advertise ************************************************************************** BACKGROUND: The 2004 Florida Legislature created Section 318.18(13), Florida Statutes, which authorizes a county to adopt an ordinance imposing a surcharge not to exceed $15.00 for non-criminal traffic infractions pursuant to Chapter 318, Florida Statutes, or imposed for criminal violations listed in Section 318.17, Florida Statutes, to assist in providing and maintaining state court facilities. In this regard, attached is draft Ordinance No. 04-024 which, if adopted, would impose the $15.00 surcharge. Permission to advertise was granted on June 8, 2004 and notice was published in the Tribune on June 10, 2004. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 04-024 as drafted. DSM/caf '-' "'wI ~ Attachment ~ ..." , ORDINANCE NO. 04-024 AN ORDINANCE AMENDING CHAPTER 1-7, "COURTS", OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY TO PROVIDE FOR ASSESSMENT OF AN ADDITIONAL $15.00 SURCHARGE ON NON-CRIMINAL TRAFFIC INFRACTIONS PURSUANT TO CHAPTER 318, FLORIDA STATUTES, AND ON CRIMINAL VIOLATIONS USTED IN SECTION 318.17, FLORIDA STATUTES, TO FUND STATE COURT FACILITIES; PROVIDING FOR CREATION OF A SEPARATE COURT F ACIUTIES FUND; PROVIDING FOR ACCOUNTING TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABIUTY AND APPUCABILITY; PROVIDING FOR FIUNG WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board") is authorized pursuant to state law, to provide court facilities; and, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has deemed that because of tremendous growth in the County it is becoming necessary for additional court facilities to be provided; and, WHEREAS, the Florida Legislature created Section 318.18(13), Florida Statutes, which authorizes a county to impose a surcharge not to exceed fifteen and 00/100 dollars ($15.00) for non-criminal traffic infractions pursuant to Chapter 318, Florida Statutes, or imposed for criminal violations listed in Section 318.17, Florida Statutes, to assist in providing and maintaining state court facilities. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ARTICLE I. "In General," of Chapter 1- 7, "Courts," of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Strucl( througn passages are deleted. Underlined passages are added. 1 - \.,.' ~ Sec. 1-7-8 Imposition of surcharge for state court facilities Pursuant to Section 318.18(13). Florida Statutes. a court shall charge a surcharge of i teen and 00/100 dollars 15.00 or an non-criminal tra ic in raction in St. Lucie Coun pursuant to Chapter 318. Florida Statutes. or for criminal violations in St. Lucie County listed in Section 318.17. Florida Statutes. to assist in the cost of providing and maintaining state court facilities in St. Lucie County. When assessed. the funds will be paid to the clerk. The clerk will forward to the Board on a monthly basis. those costs collected pursuant to Section 318.18(13), Florida Statutes. for deposit of said funds into a special and separate account titled "Court Facilities Fund" as established in Section 1-7-9 of the Code. Sec. 1-7-9 Disposition of state court facilities funds from the surcharge; Accounting by Clerk of the Court Court Facilities Fund - Surcharge: All monies collected for court facilities from the surcharge imposed by Section 1-7-8 shall be set aside by the clerk in a special and separate account titled "Court Facilities Fund" to be used exclusively for the construction. operation and maintenance of state court facilities as determined by the Board. The clerk in her capacity as accountant to the Board shall provide to the Board an annual financial report on the "Court Facilities Fund" outlining the amount of court costs collected. expenditures and earnings from the investment of said funds. PART A. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property; or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Strl:lc!( tkrough passages are deleted. Underlined passages are added. 2 · ~' '..", PART C. 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 D. EFFECTIVE DATE. This ordinance shall take effect on the 1st day of July, 2004. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Chairman Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX PART F. CODIFICA TION. Provisions of this ordinance shall be incorporated into 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 "A" through "F" shall not be codified. PASSED AND DULY ENACTED this day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman Strucl< tkreugh passages are deleted. Underlined passages are added. 3 -. -...J APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Strl:Jcl< tl,rough passages are deleted. Underlined passages are added. 4 " , /' Y" '\wr ~ AGENDA REQUEST ITEM NO. fJ, DA TE: June 22, 2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Law Enforcement Impact Fee - Memorandum of Understanding with Town of St. Lucie Village BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Memorandum of Understanding and authorize the Chairman to sign the Agreement COMMISSION ACTION: CONCURRENCE: "'-I APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: J¡/ Purchasing: Review and Approvals Management & Budget Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 ~ -...I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-860 DATE: June 8, 2004 SUBJECT: Law Enforcement Impact Fee - Memorandum of Understanding with Town of St. Lucie Village ************************************************************************** BACKGROUND: Attached is a proposed Memorandum of Understanding with the Town of St. Lucie Village concerning the Law Enforcement Impact Fee. The Memorandum of Understanding clarifies the responsibilities set forth in the Law Enforcement Impact Fee Inter/ocal Agreement approved by the Board on April 6, 2004. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board approve the Memorandum of Understanding and authorize the Chairman to sign the Agreement. DSM/ caf Attachment '-' ...." MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered between St. Lucie County, a political subdivision of the State of Florida, ("County") and the Town of St. Lucie Village, a political subdivision of the State of Florida, ("Village") with respect to that certain Interlocal Agreement concerning Law Enforcement Impact Fee ("Impact Fee"), dated 2004 (" Agreement"). The Agreement provides for the collection and remission of fees that become due under the Law Enforcement Impact Fee Ordinance ("Ordinance"), as a result of development activity proposed within the Village. In order to implement the Agreement in the most efficient manner, the parties desire to modify/clarify the responsibilities set forth in the Agreement. The parties therefore agree as follows: 1. In addition to the responsibilities set forth in paragraph 4 of the Agreement, the County shall: a. Provide administrative assistance to the Village in establishing procedures for determining the type of development activity, within the meaning of the Ordinance, proposed by each application for a building permit in the Village. b. Determine the amount and accept payment of all impact fees that are due upon applications for building permits in the Village, and advise the Village in writing in a writing presented to the applicant of the payment of the Impact Fees due. c. Maintain all records of the Impact Fees paid, including the name, address and amount paid for each building permit issued in the Village. d. Retain two percent (2i'o) of the Impact Fees collected with respect to applications for permits in the ViI/age, which amount shall be used as a fee by the County for administering the collection of and accounting for such funds. e. Remit to the Village, on a quarterly basis, two percent (2%) of the Impact Fees collected for permits issued in the Village, which amount shall be used by the Village as a fee for (i) determining the type of development activity, within the meaning of the Ordinance, proposed by each application for a permit in the Village, and (ii) providing to each applicant for a permit in the Village a statement setting forth the type of development activity proposed by such application. g' \atty\agreemnt \ interloc \ Village-MOU-04 -1- \..t ...., 2. In lieu of the responsibilities specified in paragraph 3 of the Agreement, the Village shall: a. Prior to issuing any building permit in the Village: (1) Determine the type of development activity, within the meaning of the Ordinance, proposed by the application for such permit; (2) Provide to the applicant a statement of the type of development activity, within the meaning of the Ordinance, proposed by the application; (3) Direct the applicant to the County for payment of the applicable Impact Fees due, as provided in paragraph l.b of this Memorandum of Understanding; and, (4) Receive from the applicant the County's written acknowledgment of payment of the Impact Fees due. b. Maintain all records used in determining the type of development activity proposed by each application for a building permit within the Village. 3. Except as modified/clarified within this Memorandum of Understanding, the responsibilities of the respective parties shall remain as set forth in the Agreement. This Memorandum of Understanding shall be effective as of the last date of execution on behalf of the Parties. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g: \atty\agreemnt\interloc \ Vi IIage-MOU-04 -2- ~ ATTEST: Clerk g: \otty\ogreemnt\ interloc \ Villoge-MOU-04 -3- ..."", BOARD OF ALDERMEN OF THE TOWN OF ST. LUCIE VILLAGE, FLORIDA BY: Mayor Date: APPROVED AS TO FORM AND CORRECTNESS: BY: Richard V. Neill, Jr. Village Attorney T l - '-' ....., / -,-~--"~ ----·-~-____;_-~77""""':-- .--::-'~---:' " . ..,. ." '" ITEM NO.7 DA TE: Jlme 22, 2004 AGENDA REQUEST REGULAR [ X ] PUBLIC HEARING [ ] CONSEN! [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) .~. 'Michael Powley, P.E. County Engineer SUBJECT: Approval of the revised Indian River Estates MSBU Mail-out Package. BACKGROUND: On June 1,2004 the Board approved staff's request for COM's assistance with the re-balloting for the Indian River Estates MSBU. The proposed mail-out package has been provided to the City of Fort Pierce and the FPUA. The majority of the comments received from them have been incorporated into the present documents. FUNDS AVAILABLE: nla PREVIOUS ACTION: The Board previously approved the Indian River Estates MSBU in December 2002 and selected the S1. Lucie County Utilities Department as the service provider. Difficulties in negotiations with Port S1. Lucie, and the bulk water agreement with Fort Pierce and FPUA, has resulted in a re-balloting for the MSBU. June 1, 2004 - Board approved Work Authorization No. 23 with COM for the IRE MSBU Re-balloting RECOM MENDA TION: Staff recommends the Board approve the attached Indian River Estates MSBU mail-out package, and signature by the Chairman. ~- --------- COMMISSION ACTION: ~ APPROVED [ ] OTHER [ ] DENIED Approved 5-0 With changes to wording provided by Commissioner Coward Q -, <_. (X) County Attorney fI [x) Originating Dept Public Works IREMailoutPackage.ag Do Cou t Coordination Sianatures () Mgt. & BUdge~ [x) Utilities [J Fiscal Co d. [xl MSBU Coord.1V1'1b fi.'Lp.p , I '-' ~ June 9, 2004 y ~)~/' rl U» Ii\' RE: Indian River Estates Municipal Ser ces Benefit Unit CM.S.B.U.) Public Water/Fire Protection Uti' Service Improvement Dear Property Owner: Thank you for yo r patience in allowing St. Lucie County time to exhaust all utility issues before ~"'Dcceair:l§~ the Indian River Estates MSBU project. The St. Lucie County Board of County Commissioners recognizes the needs and benefits of public water and fire protection service in Indian River Estates. As requested by the residents, County staff met numerous times with Fort Pierce Utilities Authority (FPUA) and Port St. Lucie (PSL) Utilities in an effort to provide you with the option to obtain public water/fire protection utility service without annexation. In 2002, St. Lucie County petitioned property owners to determine whether to proceed with a public water utility project. Owners were asked to answer two questions on the ballot: 1) vote yes/no as to whether to receive water service, and 2) to select a utility service provider, either FPUA with deferred annexation, or St. Lucie County Utilities (purchasing water from PSL), with no annexation. On December 10, 2002, the St. Lucie County Board of County Commissioners voted to create the Indian River Estates MSBU and selected St. Lucie County as the utility service provider. Due to issues that were not able to be resolved, the County was unable to enter into an Interlocal Agreement with PSL Utilities. Instead, St. Lucie County, the City of Fort Pierce, and FPUA were able to approve a Utility Service Bulk Water Agreement that allows St. Lucie County Utilities to establish its own utility service area for certain unincorporated areas of the County. Under the Agreement, FPUA will sell water to St. Lucie County Utilities at a bulk rate without requiring residents to be annexed into the City of Fort Pierce as a condition of water service. The Agreement also provides that residents in the Indian River Estates MSBU will be given the opportunity to recast their votes for or against the MSBU, and, if utility service is selected, which utility, either FPUA or the County, should provide that service. Enclosed is a new ballot form to be completed and returned. Please review all of the information documents before making your decision. Two questions are listed on the ballot: 1) Do you still wish to obtain water service through an assessment, and 2) If the voting indicates that water service is to be provided, which utility service provider would you choose? Please be sure to provide an 'w "WI answer to both questions and return the ballot by (this date has not been set yet). Ca"mp, Dresser & McKee, a third party consultant, has been retained to tabulate the votes and provide the results to the St. Lucie County Board of County Commissioners soon after the deadline. The decision whether to proceed with the project and which utility provider is to be utilized, will be based solely on the ballots received. So PLEASE, make your vote count!!!! If you have any questions, please do not hesitate to contact us for help. Questions about the MSBU process or assessment information, please contact: Barbara Debus, MSBU Assistant (772) 462-2568 Questions regarding design and construction, please contact: If SLC as provider: Michael Powley, County Engineer (772) 462-1707 If FPUA as provider: Danny Retherford, Utility Design Technician (772) 466-3467 Sincerely, Michael V. Powley, P.E. County Engineer M VP /bd Enclosures -Ballot -Important Information Document -Property Tax Comparison Sheet copy: BOCC County Attorney County Administrator Assistant County Administrator Public Works Director Utility Director MSBU Coordinator City of Fort Pierce Fort Pierce Utilities Authority Camp, Dresser & McKee, Inc. ~ ...", INDIAN RIVER ESTATES MSBU IMPORTANT INFORMATION DOCUMENT PLEASE READ CAREFULLY To assist you, we have provided answers to some of the most frequently asked questions regarding the Municipal Services Benefit Unit (MSBU) Program. What is an MSBU? A Municipal Services Benefit Unit (MSBU) is a legal financing method used by the County to establish a special assessment district in order for a group of citizens to obtain a desired improvement in their area. MSBU projects are usually initiated by the property owners and must approved by the Board of County Commissioners. How will the votes be tabulated? The decision whether to proceed, and if so, which utility provider to proceed with, will be based solely upon the votes submitted on an "Official Ballot" form provided by St. Lucie County (SLC). Will my property be annexed into the city, and if so, when? If not, how can I be assured that it will not happen in the future? It would depend on your choice of utility service provider: If SLC Utilities is the provider your property will not be annexed. St. Lucie County, the City of Fort Pierce and Fort Pierce Utilities Authority (FPUA) recently entered into an Interlocal Agreement which stipulates that annexation will not follow for properties within the boundaries of the Indian River Estates MSBU if the balloting response reflects a majority in favor of SLC Utilities as the provider and bulk water is purchased from FPUA. If FPUA is the provider your property may be subject to annexation after a period of 15 years if the property is adjacent to or within the city limits at that time. Will my property taxes increase because of the utilities? If FPUA is selected as your provider your property may be subject to paying city taxes, in addition to County taxes, after the 15-year annexation deferment (delay). The enclosed Property Tax Comparison Sheet is for informational purposes only and is being provided by your homeowners' association to help you better understand annexation taxes. Property tax rates differ between unincorporated areas and the city limits of Fort Pierce. The tax rates shown are based upon current millage rates, not future millage rates. *Can you explain the assessment cost difference between the County and FPUA? FPUA - If FPUA is selected, they will own the System and because of this they have agreed to contribute $3.5 million toward the cost of constructing the water distribution system. In addition, their customary "plant capacity fee" (capital improvement cost) of $1,378 per residential connection is waived/offset because of your contribution toward the construction costs. Page 1 of 4 '-" ...." SLC Utilities - If the County is selected, the County will own the System and the "plant capacity fee" (capital improvement cost) must be collected upon connection and paid to the FPUA. You are not required to pay the plant capacity fee until you actually connect. You have the option of financing the fee with your initial assessment or the fee may be paid when/if the property owner decides to connect. The cost to construct the Indian River Estates water system should be approximately the same whether the County or FPUA constructs it. The initial costs on the "Official Voting Ballot" are based on independent cost estimates prepared by SLC and FPUA. FPUA's construction cost estimate is higher than SLC's because it contains a larger contingency for potential price increases on materials and labor. Is the cost guaranteed not to increase? Due to global conditions that affect market prices, the costs cannot be guaranteed. However, SLC and FPUA have contingencies built into their costs and each expects the project to come in under budget. How long wl1l the project take to design and to construct? If SLC Utilities constructs the system: Design - Ten (to) months Construction - Fourteen (14) months If FPUA constructs the system: Design - Ten (to) months Construction - Thirty (30) months How much is the average monthly water bill? The average cost is estimated to be approximately $30 based upon an average monthly usage of 5,000 gallons regardless of the service provider. I own multiple adjacent properties. Do I have to pay on each lot I own? No. An Agreement may be utilized to lower the number of dwelling units that could potentially be constructed based upon zoning regulations. The County would assist the property owner with executing the Agreement, but it is the owner's responsibility to inform the County if they wish to restrict the number of ERCs (equivalent residential connections) that could be assessed to their property. Please understand that this could restrict the ability to increase the number of dwelling units at a later date. *How is my assessment determined? Construction of the Distribution System - The assessment amount is determined by dividing the project costs (design, permitting, construction of water mains, fire hydrants, restoration repairs, financing/bond fees, etc.) by the total number of existing/proposed single-family ERCs for the entire MSBU. This is why it is important to determine the maximum number of ERCs to be built within the MSBU. Plant Capacity Fees (capital improvement costs) - These fees are collected to fund the reservation of capacity in the FPUA Water Plant. If you obtain service directly from FPUA, the plant capacity fees are waived. If direct service is obtained from SLC, you will be required to pay the FPUA Plant Capacity Fee. You would have the option to: 1) include the fee with your assessment and pay it annually if placed on Page 2 of 4 I '-' ...." the tax roll, or 2) prepay the fee if you are prepaying your assessment, or 3) do not include the fee with the assessment and pay the fee whenever you connect to the system. Thus, if you have a vacant lot or a residence that you plan to sell, the new owner would pay the plant capacity fee whenever they connect to the system. *How are assessment payments made? OPTION 1: PREPAY - The assessment amount can be prepaid prior to construction to avoid paying financing and interest fees. Estimated Prepay Amounts SLC $4,012 (excludes plant capacity fee) SLC $5,390 ($4,012 + $1,378 if FPUA's plant capacity fee is reserved upfront) FPUA $3,448 (plant capacity fee waived if direct customer of FPUA) OPTION 2: ANNUAL PAYMENTS - The assessment may be added to your property tax bill and paid over a period of fifteen (15) years. The assessment amount placed on the tax roll equals the prepay amount plus financing and bond fees. The annual payment amount also includes interest charges. The assessment can be paid in full at any time to avoid paying additional interest. Estimated Assessment including financing/bond fees (interest not included) SLC $4,852 (excludes plant capacity fee) SLC $6,230 ($4,852 + $1,378 if FPUA's plant capacity fee is reserved upfront) FPUA $4,283 (plant capacity fees waived if direct customer of FPUA) Estimated Annual Payments based upon 15 years with a 6% interest rate SLC $498 (excludes plant capacity fee) SLC $639 (includes FPUA's $1,378 plant capacity fee) FPUA $440 (plant capacity fee waived if direct customer of FPUA) NOTE: A required lO'Yo debt service reserve account is included in the annual assessment payment amount. The reserve account, plus interest earned, may be used to payoff the last two to three years of annual payments. Thus, the assessment should be paid off in 12 to 13 years versus 15 years. I have my property up for sale. Do I have to pay the assessment in full or can the new owner take over the payments? The assessment runs with the property. The issue of responsibility for paying the special assessment is typically negotiated in the sales contract between the buyer and the seller. Some lending institutions may require the assessment to be satisfied at the time of closing and should be consulted, if applicable. I am on a fixed income and cannot afford the assessment. Are there any funds available to help me? Yes. The SHIP ("State Housing Initiative") Program will fund 501'0 of the water improvements to your home, if you qualify. However, since these funds are limited, they will be available on a "first come, first serve" basis. If you need additional information, you may contact Mr. John Franklin, St. Lucie County Housing Coordinator in the Community Services Department, at (772) 462-1777. Page 3 of 4 '-' ~ Will I be required to hook up? Can I keep my well? Existing residents will not be forced to hook up, even if the well fails. The property would still be subject to the assessment. All new residential construction would be required to connect to the system. You may keep your well for purposes of irrigating your lawn, filling your pool, etc. However, all irrigation wells will have to be isolated from the home and the public water supply system. Will I have fire protection for my home? YESI Fire protection will be provided by fire hydrants located at areas determined by the Fire Department. Homeowners could receive substantial benefits of insurance discounts for having fire protection. Please check with your insurance company. Whom do I contact for further information? Questions about the MSBUprocess and/or assessment information, please contact: Barbara Debus, MSBU Assistant (772) 462-2568 Questions regarding design and construction, please contact: If SLC as provider: Michael Powley, County Engineer (772) 462-1707 If FPUA as provider: Danny Retherford, Utility Design Technician (772) 466-3467 When the electricity goes out will I still have water service? Yes, a central water supply includes multiple power feeds and auxiliary generators to provide service during emergency outages. What type of water system would be providing our water? Water treated by Reverse Osmosis and blended lime-softened water. What are the benefits of a centralized water system versus well water? o Less maintenance costs: No pumps to maintain No water conditioners (no rust, iron or sulphur) No salt No electricity required by homeowner Less wear and tear on plumbing, appliances and clothing Less need for cleaning supplies (to remove rust, iron, etc.) o CLEAN SAFE DRINKING WATER - Reverse Osmosis blended with lime-softened water provides the best quality drinking water available. Please visit www.epa.qov/safewater and www.epa.qov/safewater/kids for further information. If you do not have access to the Internet, we can provide you with copies. o FIRE PROTECTION! o Lower homeowner insurance premiums Revised June 7, 2004 Page 4 of 4 "" ~_.- Bob Davis. CPA, CGFO, CFC 51. Lucie County Tax Collector P.o. Box 308 . Fort Pierce, Florida 34954-0308 Website: W\~w.tcslc.c()rn Email: taxcollector@co.st-lucie.flus FORT PIERCE County Adminlstratlun BIJg. 2300 Virr,inia Aven~¡" Fort rim'c, fL 14%2·5652 (772) 462·1 ~50 Fax (772) 462-2101 PORT ST LUCIE City C'e:,lef 9340 So. federal ¡ h\ Y rom 5t. Lucie. fL 3'¡952·2SS5 (ï72) 337·5600 Fax (772) .137·5624 Taxable Taxes in I Taxes in IRE Value 'Millage (as Indian River I if annexed $125,000 : a percent) Estates I into FP Boa~of C!?~~txºI:?!!!.m.i~~i~ne.r.~.~§!-n~-@.I.-~~0.9-. . ___.l___~1~.5,ºgO._0.0040728 $509 , $509 C~mmunity_º-~~~I.QE!!1~Q~~§_Il¿_____ ..~ .1~?,º00..:º.000525!3. _.. 'H_._.~E3____..__....__ ~.!,,-,.~~!~~~ment ~STt¿________.______. _ .._.~~~~_º-º_Lº-:.9-ºº~~_~__._____ ..._._~.E3.~ .. §.tgn!,y!:~~~..~~m¡:¡g_~I!1.~Q!.~§I.IL_. .__125200 :0.Qº041q~__! 51 Envirºnrn~ntally Significant Lands_.. _1~5,000 ¡0.Q9q1~ªº 17 Fine & Forfeiture Fund 125,000 '0.0035066 438 . _"___._______'_____ _."___. . ..__. - . .,. ...____.'_'__ .... .._..._._..._.__ -...-··.--·----·--·--4,-·---..·--·--··-·-·---··---·- .-.....- - ---,...... --. -- .--.--~ - School R uired Local Effort 125,000 0.0056890 [ 711 711 School Voted Debt 125,000 '0.0002280-1"-" -.- 29-- ... ... '-'29- ___..._.___.__._ ....._._.._....._._.____.... ... .___ _.__ .________ I -- ..-.--...---.----.---..- '--'-"-'-' .ªch()C?I.Ç~pit?I.ºutlay . L ....~.?~!_º9o.;º:ºº?00qº 250._..2§º ~!?l!.ool.Di~eti_~_~_~Œ_____________.___. __,______ ___ ! 125.000 10.0006660 : 83 . 83 ç~uJ1tY.~t~e. Di~trict._ ,'-'1}5~ºOO)ëi.oº??89ß:! -·-·---·-~~~48~~-·---·~-···318- Florida I~and Navigational District .J.?5,90()!0.00ºº.~ª.?.._I.. ::...-$...,:...-.--.00 --- 5 ~~~~~ E~C?![~a~.~~~~__~a'!~9~m.~.QUJ.~!ri~.t...... __.. .. ._ . _00'_ _.____'!.?~!ºº_O_ Jo.: OO-º?_~'!º_..~___.__~§.":"___.. ._.ª-~.. South Florida Water Management District-Basin I 125.000 10.0003130 : 39 i 39 ...._h_·__ .... ........ .. ....m .. ...------.--------.. -...--. ._._.1__·_··__·_· .__---..-.-......-..00......- -"-'" ªgu_~~. E!g~~.CI.y'yat~rMa,!§l9.~rn~Qt..qi~!~[Ç!~!=X~J:9.I~d~.§._-_-~5,000.~0.0001 000 · 13 i 13 MESQuito Co~t~oL._______.__._______. _ ..._..__...... ~__ __J.?§...Q9-º__º:ºo.027§?--C-. ______~~;.__ 34 Erosion District 'E' . 125,000 ·0.0001000 ¡ 13 ¡ 13 .--..----.---.-.-.--..--.-...-.---.. _...-- -.-.-- ----_._----_._~_._---------.. ..__.._- -.--.--..-- . ~p_eçl~1 _IélX!.f'19 District #12 .__ m.._ .__..-'-_~.?..?2..ººº ._g·-ººº1~.~.i____._~.?.~.._.____._~_. County Port -ª_~r:!.d_ .. _ _..______ _._..._._____ ____._.__ 12.5, 00º--.:.9:. 0090249---1...____ _. ._ ~ . . -- ..-.~ Childrens Services Council 125,0000.0003915________m____._~9.!.-..-_---.-~.~ çgurltyr:ar~s MSTU... _.. .!2~,OOO.0.º0º~~ºº_~._-....-- ~t:._______...___~l. q,~~Ð.!y_ Pub!!c:. :U.~EI~~t M_~!.lL._.___.___..__... ._ .._.____ _._.._____.-'-_____J..~.!º_ºº.~Q:º90º~gO.-r-----.--.-1.1u: --.. _1.1. Cit of Ft. Pierce 125,000 [0.0078305 : 979 , i $2799 i $3,615 ,-- ,- --r------- . _. -_.. - - - -'1'·· . ------~- .-..-.-. ,---- ! i .-- -- _._...~_.- Taxing Authority _ ._.. __om ..____ 17 438 __ h _.. ......._ .---.---.-----..---.----------------.---.-------.--..-- ---:-----.--.-----.-----.---.- 4/13/04 REAL ESTATE AND PERSONAL P!{OPERTY TAXES' TOl.RIST DEVELOr:vIEf\T TAX' OCCLP-';:"j()NAL LICENSE' AlAK.\! PER.\lr:·S ~lOTOR VEHICLES. VESSELS & :o.\OBJLE HO.VIES . H~!'>TING. rlSIII!'>G & TR?J' 'INO L.1C¡-;l'S¡-.S ~' ........-- .....--- ....; Parcel 10: «Parcel 10» «Name» INDIAN RIVER ESTATES MSBU Public Water/Fire Protection Utility Service OFFICIAL VOTING BALLOT Question I: Do you want to receive public water service through an assessment? Question 2: If results of the voting indicates public water service is to be pro- vided, would you prefer to receive service from Ft. Pierce Utilities Authority (FPUA) at an initial cost of $4,283 per residential unit (no plant capacity fee*), with a minimum IS-year annexation deferment. After 15 years, you may be required to pay city taxes in addition to county taxes, -OR- If results of the voting indicates public water service is to be pro- vided, would you prefer to receive service from St Lucie County (COUNTY) at an initial cost of $6,230 ($4,852 per residential unit, plus $1,378 for plant capacity fee*) with no annexation? *PLEASE REFER TO INFORMATION DOCUMENT FOR EXPLANATION OF PLANT CAPACITY FEE CIRCLE ONE: YES NO CIRCLE ONE: FPUA -OR- COUNTY t '-.I AGENDA REQUEST ITEM NO. ~ DATE: June 22, 2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Local Option Gas Tax Division of Proceeds Beginning September 1, 2004 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board determine whether to approve the annual redetermination set out in the attached memorandum and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2004. COMMISSION ACTION: CONCURRENCE: IX] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: 91/ l- Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff.5/96 '-" ...." .J . INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. MCIntyre, County Attorney C. A. NO.: 04-896 DATE: June 15, 2004 SUBJECT: Local Option Gas Tax Division of Proceeds Beginning September 1, 2004 BACKGROUND: On May 12, 1987, the Board approved interlocal agreements with the cities of Fort Pierce and Port St. Lucie concerning the allocation of the six (6) cent local option gas tax. In November, 1992, the State of Florida Department of Revenue notified the County that St. Lucie Village became eligible to receive a portion of the gas tax. As a result of that notification, on April 6, 1993, the Board amended the inter local agreements with the cities of Fort Pierce and Port St. Lucie to include St. Lucie Village. For the periods beginning September 1, 2002 through August 2004 the tax was distributed as follows: Recipient 2001-2002 Share 2002-03 2003-04 Fort Pierce 18.2330 ~o 19.7184 ~o 19.6218~o Port St. Lucie 44.7886 ~o 45.2040 ~o 47.66 77~o St. Lucie County 36.8439 ~o 34.9467 ~o 32.5496~o St. Lucie Village 0.1345 ~o .1309 ~o 0.1609~o The agreement provides that all subsequent divisions of the proceeds shall be redetermined by the County before July 1 of each succeeding year based on transportation expenditures for the five (5) fiscal years preceding the year in which the annual redetermination is made. The Management & Budget Manager recently contacted the two cities and the Village to obtain updated figures. Attached to this memorandum is a copy of a table from the Management & Budget Manager with the recalculated percentages. Based on the information submitted by the Cities and the Village, the recalculated percentages are as follows: ~ ...., oJ .¡ Recipient 2004- 2005 Share City of Fort Pierce City of Port St. Lucie St. Lucie Village St. Lucie County 20.3094 ~o 50.1958~o 0.1068% 29.3880~o RECOMMENDA TION/CONCLUSION: Staff recommends that the Board determine whether to approve the annual redetermination set out above and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2004. Daniel S. MCIntyre County Attorney DSM/ caf Attachments '--' ...." MEMORANDUM #04-77 ·~If(4i(iJ¡~~ ...... COUNTY'. F LOR I D A· OFFICE OF MANAGEMENT & BUDGET TO: Dan McIntyre, County Attorney , Jennifer Hill, Bndget Manager ~ Marie Gouin, OMB Director miit!d- Local Gas Tax Allocation Calculation FROM: THRU: SUBJECT: DATE: June 14, 2004 Attached you will find a spreadsheet showing the calculation of the Local Option Gas Tax Allocation for the next fiscal year. I have also included the letters from the municipalities and a spreadsheet showing the transportation expenditures of the Board of County Commissioners. Please review the information. If you have questions regarding the Board transportation related expenditures or the final calculation do not hesitate to call me, otherwise, proceed with the formal adoption of the new allocation and notify the Florida Department of Revenue of the same. 5 Attachments: Local Option Gas Tax Allocation Walter B. England's letter dated June 7, 2004 George Bergalis' letter dated May 25, 2004 Richard V. Neill, Jr.'s letter dated May 4, 2004 St. Lucie County Board of County Commissioner Transportation Related Expenditures cc: Douglas Anderson Ray Wazny Edith DeStefano Walter England George Bergalis Richard V. Neill G:\BUDGET\ WP\MEMOS\MEM004\04-77GAS TAX ALLOC.DOC ~ -..""I LOCAL OPTION GAS TAX ALLOCA nON EXPENDITURE RECAPS: City of City of St. Lucie SI. Lucie Port SI. Lucie Fort Pierce County BOCC Village TOTAL Fiscal Year % change % change % change % change % change 1987-1988 5,562,000 2,690,497 4,336,634 8,629 12,597.760 1988-1989 6,410,373 15.25% 2,566,713 -4.60% 5,721,826 31.94% 11,398 32.08% 14,710,310 16.77% 1989-1990 9,386,537 46.43% 2,933.546 14.29% 10,445,116 82.55% 10.634 -6.70% 22.775,833 54.83% 1990-1991 9,752,722 3.90% 3,417,771 16.51% 12,564.358 20.29% 21,667 103.74% 25,756,518 13.09% 1991-1992 10.904,333 11.81% 2,612.738 -23.55% 9,617,249 -23.46% 19,259 -11.11% 23,153,579 -10.11% 1992-1993 13.083,961 19.99% 2,681,143 2.62% 11,197,054 16.43% 28,288 46.88% 26,990,446 16.57% 1993-1994 12,808,453 -2.11% 4,108.841 53.25% 11,333,985 1.22% 29,540 4.43% 28,280,820 4.78% 1994-1995 14,404,767 12.46% 4,125.129 0.40% 11,937,955 5.33% 33,887 14.72% 30,501.738 7.85% 1995-1996 16.081,079 11.84% 4,387,557 6.36% 11.155,602 -6.55% 13,511 -60.13% 31,637,749 3.72% 1996-1997 14.942,944 ·7.08% 4.812,589 9.69% 13,212,918 18.44% 31,612 133.97% 33,000,063 4.31% 1997-1998 15,719.662 5.20% 6,734,965 39.94% 15,334,087 16.05% 139,184 340.23% 37.927,878 14.93% 1998-1999 17,271,923 9.87% 8,611,331 27.86% 13,797,609 -10.02% 30,390 ·78.16% 39,711 ,253 4.70% 1999-2000 19,048.383 10.29% 9,268,017 7.63% 14,829,631 7.48% 34,835 14.63% 43,180,866 8.74% 2000-2001 23.819,054 25.05% 10,181,723 9.86% 13,023,719 -12.18% 27,025 -22.42% 47,051,521 8.96% 2001-2002 27,596,893 15.86% 7,790,248 -23.49% 13,659,313 4.88% 117,825 335.99% 49,184,279 4.49% 2002-2003 37,381,453 35.46% 14,771,628 89.62% 17,942,001 31.35% 56,083 -52.40% 70.151,165 42.69% Five-Year Total 125,117,706 50,622,947 73,252,273 266,158 249,259,084 Allocation 50.1958% 20.3094% 29.3880% 0.1068% 100.0000% City of Cltyo! St. Lucie St. Lucie Port St. Lucie Fort Pierce County BOCC Village TOTAL PAST EXPENDITURES/ALLOCATIONS FY 1988-1992 EXPENDITURES 42.015.965 14.221.265 42.685.183 71,586 98,993.999 FY 1994 ALLOCATION 42.44% 14.37% 43.12% 0.07% 100.00% FY 1989-1993 EXPENDITURES 49.537.92t! 14.211.911 49.5045.603 91,245 113.386.685 FY 1995 ALLOCATION 43.69% 12.53% 43.70% 0.08% 100.00% FY 1990-1994 EXPENDITURES 55,936,006 15,754,039 55.157,762 109.387 126.957.194 FY 1996 ALLOCATION 44.06% 12.41% 43.45% 0.09% 100.00% FY 1991-1995 EXPENDITURES 60.954,236 16,945.622 56,650.601 132.640 134.683.099 FY 1997 ALLOCATION 45.2t!% 12.58% 42.06% 0.10% 100.00% FY 1992-1996 EXPENDITURES 67.282,593 17.915.408 65.241.845 124.484 140.564.330 FY 1998 ALLOCATION 47.87% 12.75% 39.29% 0.09% 100.00% FY 1993-1997 EXPENDITURES 71.321,204 20.115.259 58.837,514 136.838 150,410.815 FY 1999 ALLOCATION 41.42% 13.37% 39.12% 0.09% 100.00% FY 1994-1998 EXPENDITURES 73.956.905 24.169.081 62.974,547 247.714 161.348.247 FY 2000 ALLOCATION 45.84% 14.98% 39.03% 0.15% 100.00% FY 1995-1999 EXPENDITURES 78.420.375 28.671,571 65.438,171 248,564 172,778.681 FY 2001 ALLOCATION 45.39% 16.60% 37.87% 0.14% 100.00% FY 1996-2000 EXPENDITURES 83,063.991 33.814.459 68,329,847 249.512 185,457,809 FY 2002 ALLOCATION 44.7886% 18.2330% 36.8439% 0.1345% 100.00% FY 1997-2001 EXPENDITURES 90.801.966 39.608.625 70.197.964 263,026 200,871.581 FY 2003 ALLOCATION 45.2040% 19.7184% 34.9487% 0.1309% 100.00% FY 1998-2002 EXPENDITURES 103,455.915 42.586.284 70.644.359 349.239 217.D35.797 FY 2004 ALLOCATION 47.6677% 19.6218% 32.5496% 0.1609% 100.00% FY 1999-2003 EXPENDITURES 125,117,706 50,622,947 73,252,273 266,158 249,259,084 FY 2005 ALLOCATION 50.1958% 20.3094% 29.3880% 0.1068% 100.00% ~ -.I LAW OFFICES NEILL, GRIFFIN, FOWLER, TIERNEY, NEILL & MARQUIS CHARTERE.D 311 SOUTH SECOND STREET SUITE ZOO RICHARD V. NEILL- CHESTER B. GRIFFIN" MICHAEL C. FOWLER' J. STEPHEN TIERNEY, III RICHARD V. NEILL, JR.- RENEE MAROUIS-ABRAMS' FORT PIERCE, FLORIDA 34950 May 4, 2004 MAILING ADDRESS: POST OFFICE BOX 1270 FORT PIERCE, FL 34954 TELEPHONE (772) 464·BZOO FAX (772) 464·ZS66 -BOARD CERTIFIED WIl.L.S. TRUSTS &. £STATES L.AWYER OeOARO CERTIFIED TAXATION ~WY£R "'BOARe CERTIFIED CIVIL TRIAL ~WYER flrD)~f®~ ~ w Œ~Tril !U1I M~Y - 5 aD4 JlJl ~ CO~H{fx·.~-ef-e~~l§¥ j ..;_,......~.!:.....:.. "'.~ i .' r":-:-:r I.. t;: LU~:"~u:.::"¡~ As per Donald West's request, I am providing you with the necessary information concerning the six (6) cent local option gas tax expenditures for St. Lucie Village. Daniel S. McIntyre, Esquire County Attorney Board of County Commissioners 2300 Virginia Avenue 3rd Floor Admin. Annex Fort Pierce, FL 34982-5652 RE: Town of St. Lucie Village Dear Dan: I'm enclosing the yearend financial statement for the Village which reflects that the total transportation related expenditures for St. Lucie Village for the fiscal year ending September 30, 2003 were $56,083.06. With best regards. Richard V. RVNj r /mkl Enclosure cc: William G. Thiess, Mayor (with enc.) Diane C. Orme, Clerk (with enc.) ~J ~ r! r" ,;,V ~(,ì' ~" ~~6_ (/v'~ "\ .~ /?'Y ~# ,/ ,..~ I \.. " .' TOWN OF ST LUCIE VILLAGE ._J 30-Sep..03 BUDGET ~ BUDGET September YEAR TO DATE Revenues Ad Valorem Taxes 27,400.00 151.34 28,137.24 Franchise Fees Electric 34,000.00 3,678.94 39,744.00 Local Communication 1,400.00 544.77 6,259.33 r - Cigarettes 1,700.00 0.00 0.00 Alcohol 640.00 0.00 641.11 Licenses Occupational 3,000.00 1,882.17 3,922.41 Building 5,000.00 300.00 7,499.68 Village Hall Rental 100.00 Shadetree Rental 1,200.00 100.00 1,200.00 State Shared Revenu 9,000.00 1,759.84 10,558.98 Garbage I 36,000.00 3,985.52 43,056.05 Interest 800.00 30.86 807.21 Miscellaneous Reven SOO.OO 23.50 *** 1,240.61 One-Half Cent Sales 21,000.00 2,188.08 25,036.56 Gas Tax 14,000.00 1,325.53 15,116.15 - TOTAL REVENUE $155,740.00 $15,970.55 $183,219.33 EXPENDITURES Salaries Clerk 7,800.00 650.00 7,800.00 Marshal 5,160.00 430.00 5,160.00 Building Official 6,500.00 745.00 9,830.00 Payroll Tax 1,350.00 139.63 1,745.57 Insurance 8,500.00 2,645.00 10,856.00 Legal Fees & Costs 12,000.00 711.64 14,528.55 Village Hall Supplies 1,000.00 80.00 1,100.50 Utilities 2,500.00 365.05 3.389.98 Repair & MaintenanŒ 5,000.00 - 2,448.69 Cleaning 600.00 50.00 600.00 Public Works ~ ~ Street Lights 5,300.00 407.30 '/ 4,887.03 '\ Mowing 13,000.00 1,000.00 ( 13,000.00 T Road Repair 10,000.00 - I, 30,417.87 ~ Patrol Car I 3,000.00 944.66 * 3,010.91 Ditch Maintenance 5,000.00 288.00 3 Ao:td nn Rouse Road MSBU 8,600.00 "'-7,758.16 .I Crossing ContingenC'\ 6,000.00 0.00 u.uu Mortgage 4,600.00 379.58 4,554.96 Accounting Services 6,000.00 0.00 5,300.00 Garbage Service 36,000.00 2,828.02 34,236.22 School Utilities 3,800.00 471.91 4,464.62 Renovation 5,000.00 0.00 0.00 . Cleaning 1,200.00 100.00 1 ,200JlCl .15 ~~ Other (Miscellaneous 1,000.00 217.00 - ~34.74 ¿z¡ ~ .... -. I j /, r ¿." I V ..... ..... TOTAL . EXPENDITURES 158,910.00 $12,452.79 $172,857.80 I *ce/J-20.00, fuel- 63.44, repair- 861.22 ** Building OfflCiars Code Books I 't.. t! f'.6 e; ...., CITY OF RT PIERCI loriJa ~UN.. ø ' .' "" :- . C IT ... OFFICE OF DIRECTOR OF FINANCE CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 TEL. (772) 460-2200 FAX (772) 489-2594 May 25, 2004 Daniel S. McIntyre, County Attorney St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Transportation Expenditures Dear Mr. McIntyre: As requested in the letter of Apri127, 2004 from Donald West, Public Wodes Director, attached are the total transportation expenditures for the past five years. Should you have any questions, please call Gloria Johnson, Chief Accountant at 460-2200 extension 329. Sincerely, GJB/dss Attachment cc: Dennis W. Beach, City Manager Marie Gouin, Director, St. Lucie County Management ~udg~!_.. I 1, f ¡ . If IN f '-. 2004 I ' f", ,_ ~ ~ I ' . I","" _ ....... L"..·c:. ,.,.;--._.~ .", " . '''';. r ~ 7.... , '. ,ro-r ~ ...,J OFFICE OF DIRECTOR OF FINANCE INTEROFFICE MEMORANDUM TO: George J. Bergalis, CGFM, Director of Finance Gloria J. Johnson, Chief ACCOun~ TRANSPORTATION EXPENSES FROM: SUBJECT: DATE: May 25, 2004 Listed below are the transportation expenses incurred by the City of Fort Pierce for the past five years. 1999 $ 8,496,731 $ 114,600 $ 8,611,331 2000 9,146,050 121,967 9,268,017 2001 10,142,588 39,135 10,181,723 2002 7,731,360 58,888 7,790,248 2003 14,685,742 85,886 14,771,628 $ 50,202,471 $ 420,476 $ 50,622,947 GJJ:dss ;. .\ ....I CITY OF PORT ST. LUCIE ENGINEERING . . . "The art of applying scientific and mathematical principals, experience, judgement, and common sense to make things that benefit people. " - A.S.E.E. œ Œ @ Œ U~~ II> JUN I 0 ¿UÌJ~ : I.') June 7, 2004 Mr. Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 I COUNTY ATTORNEY I Re: Gasoline Tax Distribution .J I I 2004 Dear Attorney McIntyre: .J ' . [ rr,'.;': ",.:·."r"'Yi'r~.I'" ',\ ì ~; ~..~....._-."", \r\...Þv.v/ó ~ W ìI..U.t.dJr'. " ,-- p., , "_~,.J Attached is a memo from Mr. Blackwell indicating that the total expenditures for the City for the last 5 years as it applies to the gasoline tax distribution are $125,117,706. I would be interested in having a breakdown of the County computations and the City ofFt. Pierce computations when you have that information put together. If you have any questions, please call me. Sincerely, £~ß{!~-~ Walter B. England, P.E., City Engineer WEE/rfr Cc: Frank Blackwell, Finance Director/Treasurer Donald B.Cooper, City Manager Bonnie S. Dyga, Assistant Manager Roger Orr, City Attorney Patricia R Roebling, P .E., Assistant City Engineer Shared/gastax/060704gastaxltrto slcrevised,doc \ ()., c., \n ~'. \oJ .~ \ß\õ, ~! ~ ~.,. · ~i:ð' , I~ ,'''X ~ ,~ ~~ ~y li ' (j~ . ~ ~ ~ '~'V 121 SW. Port St. Lucie Boulevard · Port St. Lucie, FL 34984-5099 · 772/871·5177 · Fax 7721871-52~ ,) ij' '0 Memorandum ~ ~ - "'"" 0; "'1:>'7 ~ ~u;' Re:': ........,~..", '\ ..,,' ;, ¡;;; ~ t£.;¡;':' .,':: .~.-~.' ....... TO: Walter England, P.E. City Engineer Frank Blackwell, Finance Directorrrreasurer 1« 1ý City transportation expenditures of fiscal year 2002-2003 to be used for calculating local option gas tax proceeds for fiscal year 2004-2005 ¡U~.ì ? '''-'1), 1 \'1 - !.- L J"' FROM: ENGINEERING RE: DATE: June 2, 2004 Transportation Impact Fee Revenue: City's 60% County's 40% Total Transportation Impact Fees Garage Lighting District Road & Bridge Operating Fund Road & Bridge Capital Improvement Fund Third River Crossing Capita/Improvement Fund NPDES Fund River Point Capital Improvement Fund (78% of Annual Debt Service) South Lennard Road Capital Improvement Fund (Use Impact Fees for Debt SeNice) Tesoro Capital Improvement Fund (74.6% of Annual Debt Service) St Lucie West C.O.D. Road project (Annual Debt Service) $ 4,448,341 3,134,149 $ 7,582,490 29,390 114,855 7,513,345 18,876,102 14,412,788 75,256 2,623,475 -0- -0- -0- 51,227,701 Sub-Total Less: City's 60% Impact Fees Financing Proceeds (R&B Cip Fund) Financing Proceeds Sales Tax 3rd River Crossing Total Reductions Sub-Total Stormwater Utility Fund Refunding Stormwater Utility Bonds, Series 1991 Less: Financing Proceeds Grant Proceeds Total Stormwater Utility Fund Total Transportation Expenditures 4,448,341 12,743,285 10,073,764 (27,265,390) 23,962,311 10,690,031 2,750,000 -0- (20,889) $ 13,419,142 37,381,453 To the best of my knowledge, the following schedule reports the city's transportation expenditures for the last five years: 1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 Total $ 17,271,923 19,048,383 23,819,054 27,596,893 37,381,453 $ 125,117,706 cc: Marcia Dedert ..., DIRECT GRANT & OTHER TOTAL EXPENDITURE FUND/ACCOUNT COUNTY EXP G&A LOCAL MA TCHES AMOUNT S 25th PHASE II 001-1410-4109 $83 $83 PLANNING 001·1510 $65.423 $65.423 RANSPORTATION SERVICES 001-4910 $21.772 $21.772 CTD TRIP GRANT 02/03 001273 $31.929 $31.929 TRANSPORTATION GENERAL EXPENDITURES 101 $75.185 $74.828 $75.185 ROAD & BRIDGE - DRAINAGE 101-4108 $2.078.712 $2.078.712 ROAD & BRIDGE· TRAFFIC 101-4109 $856.393 $856.393 ROAD & BRIDGE· MAINTENANCE 101-4110 $3.351.707 $3.351.707 CAP PROJECTS - GRANTS & OTHER 101-4114 $0 $0 ENGINEERING 101-4115 $1.284.282 $1.284.282 PUBLIC WORKS ADMIN 101-4117 $275.483 $275.483 TRANSFERS (OUT) 101·8110 $0 $0 TF· CAPITAL (INTER LOCAL) 101001-4114 $6.916 $6.916 MSBU-DRAINAGE & PAVING ONLY 101001-4115 $27.550 $27.550 TTF . CAPITAL (CONSTITUTIONAL GAS) 101002 $2.545.150 $2.545.150 TTF - CAPITAL (LOCAL OPTION) 101003 $1.454.548 $1.454.548 TTF· CAPITAL (IMPACT FEES) 101006 $1.793.183 $1,793.183 $0 FDEP STORMWATER RETROFIT 101211 $0 $131.109 $131.109 OTTED TROPICANAlSIGNAL UPGRADE 101217 $0 $32.949 $32.949 PLANNING (3%) 102-1510 $21.071 $21,071 C/D ADMIN (15%) 102-15101 $37.095 $37.095 DRAINAGE MSTU 102001 $1.072.587 $40.000 $1.072.587 STREET LIGHTING 111 $33.995 $1.701 $33.995 STREET LIGHTING 112 $6.251 $328 $6,251 STREET LIGHTING 113 $2.679 $127 $2.679 STREET LIGHTING 114 $5.907 $310 $5.907 STREET LIGHTING 115 $5.642 $100 $5.642 STREET LIGHTING 116 $6.520 $300 $6.520 STREET LIGHTING 117 $1.636 $78 $1.636 STREET LIGHTING 118 $8.364 $476 $8.364 STREET LIGHTING 119 $9.582 $423 $9.582 STREET LIGHTING 120 $2.036 $109 $2.036 STREET LIGHTING 121 $895 $49 $895 STREET LIGHTING 122 $11.882 $542 $11.882 STREET LIGHTING· QUEEN'S COVE 123 $3.352 $161 $3.352 STREET LIGHTING - LONGWOOD EST 124 $0 $0 STREET LIGHTING - THE WOODS 125 $0 $0 STREET LIGHTING - SOUTHERN OAKS 126 $1.457 $72 $1.457 STREET LIGHTING - PINE HOLLOW 127 $4.083 $0 $4.083 STREET LIGHTING - KINGS HWY IND PK 128 $8.003 $0 $8.003 STREET LIGHTING - TWIN OAKS ACCESS 132 ($14) ($14) STREET LIGHTING - MONTE CARLO 136 $17.049 $762 $17.049 STREET LIGHTING - PALM LAKE GARDENS 138 $1.412 $77 $1.412 STREET LIGHTING· PALM GROVE 139 $8.750 $432 $8.750 TRANSPORTATION CAPITAL 316001 $432.129 $432.129 WAL-MART INFRASTRUCTURE IMPROV. 316-4115-41002 $595.756 $595.756 GLADES CUT-OFF/MIDWAY RD. INTER. 316-4115-410045 $112.600 $112.600 $0 BECKER ROAD 235 $356.851 $356.851 IDEAL HOLDING ROAD PAVING & DRAINAGE 316-4115 $708.356 $708.356 IDEAL HOLDING ROAD PAVING & DRAINAGE 392 $0 $0 $0 F.F.A. ROAD 672 $16.487 $16.487 ANITA STREET (50% Paving & Drainage) 678 $1.393 $1,393 ROUSE ROAD PAVING & DRAINAGE 689 $0 $0 IDEAL HOLDING RD PAVING & DRAINAGE 692 $10.593 $10.593 N. LENNARD RD PAVING & DRAINAGE 696 $0 $0 $0 $0 SUBTOTAL $17,536,773 ADMINISTRATIVE CHARGE 3% (NET OF OTHER G&A) $405.228 $405.228 $0 $0 TOTAL EXPENDITURES: $17.746.014 $120.875 $195.987 $17.942.001 if; dr , \.-r ...", AGENDA REQUEST ITEM NO. 9 DATE: June 22, 2004 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: ORDINANCE 04-025 - PROVIDING FOR A FIVE DOLLAR ($5.00) SURCHARGE ON PARKING FINES TO FUND SCHOOL CROSSING GUARD PROGRAMS- PERMISSION TO ADVERTISE BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance 04-025 for July 20, 2004 at 6:00 pm. COMMISSION ACTION: CONCURRENCE: [X] County Attorney: ~ Review and Approvals [ ]Management & Budget: [ 1 Public Works Director ~] APPROVED [ ] DENIED [ ] OTH E R: Approved 5-0 [ ]Purchasing: [ ] Information Tech.: [ ] Solid Waste Mgr_ [ ]Finance:(check for copy only, if applicable) Effective 5/96 ~ ...., INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 04-898 DATE: June 22, 2004 SUBJECT: ORDINANCE 04-025 - PROVIDING FOR A FIVE DOLLAR ($5.00) SURCHARGE ON PARKING FINES TO FUND SCHOOL CROSSING GUARD PROGRAMS- PERMISSION TO ADVERTISE BACKGROUND: The Legislature adopted Section 318.21 Florida Statutes "Disposition of Civil Penalties by County Courts". Subsection (II) authorizes the County to enact a surcharge on parking fines for the sole purpose of funding school crossing guard programs. For the calendar year 2003, one hundred seventy-six (176) parking tickets were issued and one hundred fifty-one (151) were paid. Attached to this memorandum is a copy of draft ordinance 04-025, which, if adopted, will grant a five dollar ($5.00) surcharge on parking fines to fund school crossing guard programs. RECOM M EN DATION I CONCLUSION: Staff recommends that the Board of County Commissioners grant permission to advertise Respectfully submitted / /,fL-- Katherine Mackenzie-Smith Assistant County Attorney '-' ...." ~. ORDINANCE NO. 04-025 AN ORDINANCE AMENDING SECTION 1-20-32 (CIVIL PENALTIES) OF DIVISION 2 (HANDICAPPED, FIRE LANE, PROPERTIES OWNED OR LEASED BY COUNTY, ROAD 9RIGHTS-OF-WAY OWNED OR LEASED BY STATE, PARKING PROHIBITED) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA BY PROVIDING FOR A FIVE DOLLAR ($5.00) SURCHARGE ON PARKING FINES TO FUND SCHOOL CROSSING GUARD PROGRAMS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01, 316.006, and 316.008, Florida Statutes, grant the Board of County Commissioners jurisdiction over the public streets, highways, roadways, and parking areas in the unincorporated areas in St. Lucie County and all parking areas located on property owned or leased by the County. 2. On December 4, 1990, this Board adopted Ordinance No. 90-34 to add Division II (Handicapped, Fire Lane, Properties Owned or Leased by County, and Road Right-of-Way Owned or Leased by State) to Article II (Stopping, Standing, and Parking) of Chapter 1-2 (Traffic) of the St. Lucie County Code of Ordinances. The new Division II included Section 1-20-27 (Public Parking Spaces for Certain Handicapped Persons) and Section 1-20-32 (Civil Penalties) which established the requirements for parking in handicapped parking spaces and the fines for violating such requirements. 3. Section 318.21(11), Florida Statutes, provides that a county may enact a surcharge on parking fines for the sole purpose of funding school crossing guard programs. WHEREAS, the Board has determined that the adoption of this Ordinance imposing a surcharge on parking fines for funding school crossing guard programs is in the best interest of the citizens of St. Lucie County, Florida. G: \ATTY\ORDNANCE\2004\04-025. wpd Page 1 of 5 '-' .."",¡ PART A. AMENDMENT OF SECTION 1-20-32 OF DIVISION II OF ARTICLE I OF CHAPTER 1-20 Section 1-20-32 of Division I of Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-32. Civil penalties. (a) Any person who stops, parks, or stands a vehicle in violation of the term of Section 1-20-27 of this division shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of two hundred fifty and 00/100 ($250.00) dollars. Two and 00/100 ($2.00) dollars of this penalty shall be credited to the Criminal Justice Trust Fund of St. Lucie County pursuant to Section 934.22S(13) 938.15, Florida Statutes. One hundred fifty and 00/100 dollars ($150.00) of this penalty shall be used to provide funds for a physically disabled accessibility and public awareness program as follows: (1) One-third (1/3) to defray expenses for administration of the program. (2) Two-thirds (2/3) to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons. (b) Any person who stops, parks, or stands a vehicle in violation of the term of section 1-20-28 of this division shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty-two dollars ($32.00). (c) Any person who stops, parks, or stands a vehicle in violation of the term of section 1-20-29 or 1-20-30 of this division shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty-two dollars ($32.00). (d) Each day any violation occurs or continues shall be a separate offense. (e) The amount of any civil penalty specified in this section shall be increased by twelve dollars ($12.00) if payment is not received by G: \A TTY\ORDNANCE\2004 \04-025. wpd Page 2 of 5 \.f ...,¡ the clerk within the described fourteen-day period after the date of mailing of the notice issued pursuant to the terms of section 1-20- 33(c). . (f) The owner of a vehicle is responsible and liable for payment of any parking ticket violations unless the owner can furnish evidence that the vehicle was, at the time of the parking violation, in the care, custody, or control of another person. In such instances, the owner of the vehicle is required, no later than fourteen (14) days after the day that the certified notice of the parking violation is mailed pursuant to section 1-20-33(d), to furnish to the appropriate law enforcement authority issuing the ticket, the name and address of the person or company who leased, rented, or otherwise had the care, custody, or control of the vehicle. The owner of a vehicle is not responsible for parking ticket violations if the vehicle involved, was at the time, stolen or in the care, custody, or control of some person who did not have permission of the owner to use the vehicle. The person who is charged with a violation of this section may not be convicted if, prior to or at the time of his court or hearing appearance, he produces in court or to the clerk in which the charge is pending proof that at the time the parking ticket was issued, the vehicle was stolen or in the case, custody" or control of some person who did not have permission of the owner to use the vehicle. The clerk is authorized to dismiss such case at any time prior to the defendant's appearance in court. The clerk may assess a fee of five dollars ($5.00) for dismissing the case under this section. (g) The clerk of the court shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department, listing persons who have any outstanding violations of section 316.1955, section 316.1956, Florida Statutes, or any similar local ordinance regulating parking in spaces designated for use by disabled persons. !.bl The amount of any civil penalty specified in this section shall be increased by five dollars ($5.00) for the purpose of funding school crossing guard programs. Such money shall be deposited in a newly created School Crossing Guard Trust Fund. Such fund shall also be used to fund start-up costs and recurring administrative costs related to printing new tickets or other means of G: \A TTY\ORDNANCE\2004 \04-0 25. wpd Page 3 of 5 '" ...¡ implementing the school crossing quard programs. Funds collected from the surcharge shall be distributed quarterly to fund the school crossing guard training programs. PART B. SEVERABILITY. If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. PART C. EFFECTIVE DATE. This ordinance shall become effective upon filing with the Department of State. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis Vice Chairman John Bruhn Commissioner Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward xxx xxx xxx xxx xxx PART F. CODIFICATION. Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie County, Florida, and the word "ordinancel1 may be changed to "sectionl1, "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 "FI1 shall not be codified. G: \A TIY\O RDNANCE\2004 \04-025. wpd Page 4 of 5 '-' """ PASSED AND DULY ENACTED this day of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G: \A TTY\ORDNANCE\2004 \04-025. wpd Page 5 of 5 ~/ \.,I ...., ITEM NO. 10 DATE: June 22, 2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) SUBMITTED BY (DEPT): ADMINISTRATION PRESENT BY: I /~ ,? /.' ,- Doù'glas M. Anderson County Administrator TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Proposed Increasing of Homestead Exemption BACKGROUND: See attachment FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends adoption of Resolution No. 04-174, Opposing a Proposed Constitutional Initiative Petition to Increase the Homestead Exemption by $25,000. COMMISSION ACTION: CONCURRENCE: ~ APPROVED -~ OTHER: o DENIED Approved 5-0 Review and Approvals º County Attorney: -º Management and Budget: º Purchasing: º Originating Dept: º Other: º Other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the 51. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. '-' -....I COUNTY ADMINISTRATION MEMORANDUM 04-111 FROM: / Board of County commf~ Douglas M. Anderson,(¥unty Administrator - :-- TO: DATE: June 15, 2004 RE: Resolution 04-174/ Opposing Proposed Increase of Homestead Exemption Attached is Resolution 04-174, Opposing a Proposed Constitutional Initiative Petition to Increase the Homestead Exemption by $25,000. Also attached are informational memorandums dated May 19th and June 8th, discussing the proposed exemption and the affect that it could have on St. Lucie County. The estimated increase in the countywide millage rate to offset approximately 3,184 properties coming off the tax rolls would range from 1.0265 to 1.0913. For these reasons and others, staff recommends the adoption of Resolution 04-174, Opposing a proposed Constitutional Initiative Petition to Increase the Homestead Exemption by $25,000. DMAlab 04-111 c: Ray Wazny, Assistant County Administrator Dan Mcintyre, County Attorney Marie Gouin, Management and Budget Director Jeff Furst, Property Appraiser Citizens' Budget Development Committee Attachments '-" '-' COUNTY ADMINISTRATION FROM: ,... Citizens' Budget Dev~o Douglas M. Anderson' MEMORANDUM 04-101 TO: \ N nt Committee DATE: June 8, 2004 RE: Proposed Doubling of the Homestead Exemption Attached is additional information regarding the proposed doubling of the homestead exemption to $50,000 per year. Included in this information is the estimated decrease in municipal tax revenues for Port St. Lucie, Fort Pierce, and St. Lucie Village. I have also included a report prepared by County staff on the amount allocated in FY-04 to the Sheriff's budget from the General Fund and the Fine and Forfeiture Fund. As you can see, this amount is $39,883,971 or 33.59% of the total budget of those two funds. This equates to 3.7008 mils. The total County millage rate for the General Fund and the Fine and Forfeiture Fund is 7.5794. Another report that is attached shows that approximately 7.1 % of St. Lucie County housing stock is in the value range of $25,000-50,000 the average range as $41,213. With the second homestead exemption, 3,184 properties would come off the tax rolls. We also received another report indicating the estimated decrease in revenues for each City in the County and the offsetting estimated millage increases. DMNab 04-101 c: Board of County Commissioners Ray Wazny, Assistant County Administrator Dan Mcintyre, County Attorney Marie Gouin, Management and Budget Director Jeff Furst, Property Appraiser Attachments ~ ....." "I think there are a lot of costs there that they are not aware of or are not looking at right now," Weekley said. "By them incorporating, they would have to come up with their own comprehensive plan as well as a land-use plan." South Stock Island has an "extremely small tax base" and property values are still relatively low, according to Weekley. The island doesn't have the benefit of Key West's tourism trade, he said. "We have the sales tax, which is a quite a substantial part of the city's budget," Weekley said. The city of Key West was considering an annexation study, but the city commission tabled the project indefinitely May 11 because bid costs came back higher than expected. The study could eventually be bid out to a private company or be completed by city planning staff, City Planner Ty Symroski said. The request to bidders, now on the backburner, outlines goals of annexation: > Protect Stock Island's maritime industry, working community and affordable housing; > Avoid additional taxes for Stock Island, Key Haven, Key West and the unincorporated areas of Monroe County; > Improve community services to residents of Stock Island, Key Haven and Key West through greater efficiency; > Provide residents of Stock Island, Key Haven and Key West a bigger say in the issues affecting them. Once complete, the city commission would decide whether to follow through with an annexation attempt. The issue would be put to a vote by Key West, south Stock Island and Key Haven residents. Unlike incorporation, the Legislature's blessing would not be needed, Weekley said. ~ ' ~ v) Floridians can't afford to fall for this homestead initiative scam By MARTIN DYCKMAN, Times Columnist, 5/30 TALLAHASSEE - Watch out for flying pigs, and for summer snowstorms here in Florida. No kidding. Gov. Jeb Bush has finally met a tax cut that he doesn't like. Since his election almost six years ago, Bush has embraced a steady progression of tax cuts that have saved taxpayers, as he said pridefully the other day, a cumulative $10.7-billion. Most of that has been for wealthy stockholders and businesses, though there have been several sales-tax holidays for the common folk. Now that some people are promoting a tax cut for homeowners, however, Bush thinks Florida can't afford it. '-Ie's concerned over a petition campaign to double the $25,000 homestead exemption. The state's ,1umbers-crunchers say that would cost the schools, the counties and the cities some $2-billion a year. 12 \.' ..., The governor is right. Florida can't afford it. Neither can the homeowners. They're being scammed by a wealthy couple who are trying to buy a U.S. Senate seat for the wife. But to some people, perhaps many, the governor's positions will appear - to put it as politely as possible - a bit inconsistent. This tax cut, you see, inevitably would mean increasing taxes on the business community. Joe and Jane Lunchbucket, on the other hand, might actually get a break. Trouble is, Joe and Jane Lunchbucket could also get badly hurt. Especially if they rent the place where they live. Here's how. Most of the cities, school boards and counties levy their taxes well short of the maximum rate, $10 for each $1,000 in assessed value, that the Constitution allows. So to avoid having to fire their teachers, police officers, firefighters and what have you, they would raise their tax rates. The school boards would have no choice. The Constitution, as amended by another initiative two years ago, requires them to reduce class sizes. That means more teachers, not fewer. Is there $782-million worth of fat in Florida's school budgets? Anybody with good sense knows better. Depending on the assessed value of your house, the higher rates could cost you more money than you'd save from the higher exemptions. So could higher "user fees" for water, sewers and garbage. God help you - the Public Service Commission couldn't - if your city is in the electric or gas business. So the sponsors' claim that "every Florida homeowner will save $500 per year in Florida property taxes!" is untrue. It would be true only if every home were already assessed at $50,000 or more, if every home were taxed at the statewide average rate of 20 mills, and if it could be guaranteed that every taxing 'authority would swallow the loss without raising its tax rates. Jeffrey and Karen Saull are the millionaire couple behind the campaign. One doesn't presumably accrete such wealth as they have without being terribly smart or incredibly lucky. If they are that smart, then they have to know that what they are promising homeowners is untrue. That would make them calculating liars. If they don't know, then they are colossal fools. Neither liars nor fools deserve to be followed when they are trying to lead Florida over a cliff. Another whopper is the name of their organization, "Families for Lower Property Taxes." According to reports they filed with the secretary of state, the entire $1,175,055 contributed to the campaign to March 31 came from just four people. Three of them accounted for a total of $55. The other $1,175,000 was attributed to Karen Saull, who by no coincidence is one of the eight declared and duly qualified candidates in the no-runoff Republican primary for the U.S. Senate. She may not win, and probably won't, but there is a greater chance that enough people to put it into effect will thoughtlessly sign and vote for the homestead initiative. Higher property tax rates, needless to say, would be a double whammy for businesses, which don't get homestead exemption. Those businesses include every rented house, apartment and mobile home space in Florida. When taxes go up, so do rents. That has always been one of the fundamental flaws in homestead exemption. It rewards people who own their homes at the expense .of people who have to rent. Nothing can be done about that in the 13 ~ ....,; foreseeable future, but people of conscience should want to withhold their signatures and their votes from anything that would make the imbalance even worse. There are 14 counties, all small, already taxing at the maximum 10 mill rate and seven more that are at nine mills or higher. They couldn't raise their rates to recover the loss and would have to beg the Legislature for help. So would several school districts, including Hernando, that are close to the lid. Overall, $2-billion might not strike some people as a lot of money, but it's more than 10 cents out of every property tax dollar that Florida's local governments collect. It is nice to be on the governor's side for once. Please, please, please don't sign that diabolical petition. Off-duty officers are on the job Gambling incident won't change policy By Tony Bridges, DEMOCRAT STAFF WRITER, 5/24 When it comes to money matters, an off-duty job is a cop's best friend. Get permission from the chain of command, spend a few shifts a week directing traffic or just standing around, and some officers can nearly double their annual salary. That's why police and sheriffs deputies in Tallahassee work thousands of hours every year providing private security for everything from garage sales to Christmas parties to grocery stores. And, while it can occasionally cause problems - as happened earlier this year in a gambling investigation ',_ cops view their moonlighting as a common law-enforcement practice that meets a public need and makes for safer residents. "Most people that have a job can get a second one," said Sgt. Tony Drzewiecki, who supervises off-duty work for the Leon County Sheriffs Office. "This is just the most compatible work for a deputy sheriff to earn extra money while still providing a valuable service to the community." To work, they have to get clearance from the bosses first. Both the Sheriffs Office and the Tallahassee Police Department have systems for approving jobs. The way it works is this: A person or a business that wants to hire security calls either the department or a particular cop. The officer who wants to take the job fills out a form listing the employer, type of work and address. At the Sheriffs Office, that form goes to a civilian clerk, then to Drzewiecki. At the Police Department, the form goes to the officer's supervisors, then to Lt. Mark Harvey in Internal Affairs. The Sheriffs Office has a policy against working at bars or at events involving heavy drinking. The Police Department doesn't provide personal protection and only rarely allows officers to guard parties at private residences. Once the job is approved, the cops go to work, up to 25 hours a week. 14 '-' "'" "W·'2; do it publicly," Willi said of negotiating his raise. "And with it comes pains, and that's a necessary part of the process." It sounds good, but this low-tax initiative is a scam By Bill Cotterell, CAPITAL CURMUDGEON, Tallahassee Democrat, 6/3 IP:::!'/ 1"( There's a good master's thesis or doctoral dissertation to be done, if it's not too easy and obvious, on the theory that societies begin to decline when citizens figure out how to vote themselves all sorts of goodies and send the bill to their grandchildren. Future historians may mark the 2004 legislative session as the last, best, failed hope of getting a handle on this all-too-human tendency to buy now, pay never. For several bad reasons, efforts to rein in Florida's public initiative process failed and we've got some very serious petition campaigns racing toward the November ballot. There's even one initiative gathering momentum to undo a previous petition amendment. That's the campaign, backed by Gov. Jeb Bush and led by Chief Financial Officer Tom Gallagher, to repeal the 2000 high-speed rail initiative amendment before it makes a train wreck of the state budget. But probably the petition campaign with the most far-reaching impact - which has had very little examination until quite recently - is the proposal sponsored by the nice-sounding "Families for Lower Property Taxes." All it would do is double the $25,000 homestead exemption. And, hey, who doesn't want lower property taxes - but why stop there? Let's vote ourselves a 28-inch 'waistline, a full head of hair and lifetime passes to Walt Disney World while we're at it. No need to diet, exercise or work, just vote. Schoolchildren need smaller class sizes? Want to build a bullet train from Tampa and Lakeland to Orlando and Miami? You think it's time we did something about medical malpractice or greedy lawyers? Well, that's why we have elections - not to select people to do the hard, unglamorous work of inching toward compromise on those kind of problems, but to pass feel-good initiatives that are sold to us by people who can buy their way onto the ballot. Those "families" for lower property taxes, for instance, appear to be four people. One gave $25 to the campaign, another gave $20, a third gave $10 and the fourth - Karen Saull ofVero Beach - dug around in her purse until she found $1.175 million for the initiative, as of March 31. Saull, an unknown Republican candidate for the U.S. Senate, is the wife of Jeffrey Saull, an import magnate who believes city and county governments are awash in cash from rising property values, and wasting much of it. The petition drive already has more than 200,000 of the 488,722 voter signatures needed to get on the ballot, if the Florida Supreme Court rules that it meets legal requirements. Once on the ballot, it's almost sure to pass - if for no other reason that explaining why it's a bad idea takes longer and feels less satisfying, than saying "lower taxes." "This is the stupidest thing in the world," said Anthony Cutaia, a Boca Raton real estate man who formed "Floridians for Responsible Tax Reform" last week to combat the Saulls' amendment. "It shows a 4 \...; ...", tremendous lack of understanding of the financial consequences. It benefits only the homeowner, at the expense of the renter, the commercial property owner, even people who own second homes." Cutaia doesn't believe in the homestead exemption at all, but that's not the issue here. Florida is not a high-tax state to begin with; that's why people keep retiring down here from states with income taxes. Even Bush, who boasts of trimming $10.7 billion in taxes in six years, is opposed to the property-tax plan. (Rule of thumb: When Bush says he opposes a tax cut, listen.) Saulls' advertising promises a $500 tax cut for every homeowner. But that assumes every home is assessed at a minimum $50,000 and taxed at 20 mills - which they aren't - and that the schools, cities and counties will absorb a $2 billion revenue loss, statewide, without hiking other taxes and fees. Constrained by the "Save Our Homes" amendment that was passed in the early 1990s, limiting assessment growth to 3 percent a year, a lot of local governments would have to raise millage to make up lost revenue. But there are 14 small counties already at the 10-mill cap, and seven others are very close to it In areas with municipal utilities, they could make up for lost property taxes with soaring electric bills. , And they could hike taxes on commercial properties, meaning renters would pay more every month:) Businesses would pass along the cost with a few cents on everything they sell - and hire fewer people - to offset their property tax tabs. In fairness, it should be said that local governments wouldn't have to depend entirely on raising taxes. They could make up some of the loss by laying off firefighters, police officers, teachers and other local employees. Or they could seek a bailout (fat chance) from the Legislature, which could raise the already regressive sales tax a penny or two. Some day, when historians or government scholars analyze what went wrong with Florida, they'll marvel . at a people who kept voting themselves new goodies - bullet trains, smaller class sizes - while 'constricting their own ability to pay for them. FCCMA MEMBERS-IN-TRANSITION As of May 20, 2004 Bob Norris Former Manager Ponce Inlet 1218 Tracy Drive South Port Orange, FL 32119 3861 756-8392- Home 8001 221-2447- Office Henry Dunn Former Manager White Springs P.O. Box 3474 Lake City, FL 32056 3861 961-8095 henrvsunshine@msn.com 5 ~ "" SLC Sheriff FY04 Sheriff FY04 Total Percent of Millage Budget Budget by Fund Total Rate/Sheriff 001-2110-599043-200 500,000 001-8191-599043-800 11,086,008 General Fund Sub-total 11 ,586,008 76,306,888 15.18% 1.0751 107-8191-599042-800 22,150,753 107-8191-599043-800 4,119,925 107-711-599040-700 2,027,285 Fine & Forfeiture Fund Sub-total 28,297,963 42,416,082 66.72% 2.6257 Total 39,883,971 118,722,970 33.59% 3.7008 G:\Budget\Quattro\Budg et04 \SheriffExp.xls """ ..." TAX: Ad Valorem ISSUE: Additional $25,000 Homestead Exemption BILL NUMßER(S): HJR 1603 SPONSOR(S): Representative Kottkamp MONTHfYEAR COLLECTION IMPACT BEGINS: January 4,2005 DATE OF ANALYSIS: April 8,2004 SECTION 1: NARRA. TIVE a. Current Law: The basic homestead exemption is 525,000. b. Proposed Change: Amends s. 6, Art. VII. Increases the basic homestead exemption from $25,000 to $50,000. SECTION 2: DESCRIPTIO:'\ OF DATA & SOURCES 2003 Homestead exempt values, homestead exempt parcels with taxable value, and total county millage rates from DOR Property Tax Administration. Parcel count by just value category from U.S. Bureau ofthe Census, Census 2000. SECTION 3: ASSUMPTIO:'\S & RATIONALE Difference between just value and assessed value will offset increase in property values since 2000. Average property value in each value category is approximated by the mid-range of the category. Growth occurs at 2% per year. SECTION 4: METHODOLOGY Census 2000 data on owner-occupied housing by value category (less than $ 10,000, $10,000-$14,999, etc.) was used to determine the percent of homesteads valued between $25,000 and 550,000. This percentage was applied to the 2003 number of homesteads not totally exempt by county to determine the number of homesteads that will receive less than the full $25,000 exemption. The value of these homesteads was estimated using the weighted average of owner-occupied housing for those valued between $25,000 and $50,000. The amount of the $25,000 exemption these homesteads will not receive was calculated and deducted from the product of the number of homesteads with taxable value and $25,000. Applicable millage by county was computed by dividing the grand total taxes paid by county by the total taxable value of real, personal, and railroad property. Municipal impacts 'vvere computed by applying the countywide percentage increase in exempt value to each municipality's exempt value and multiplying by the city millage rate. SECTION 5: IMPACT SUMMARY (DETAILS ATIACHEO) FY 2004-05 FY 2005-06 State Impact-All Funds FY 2004-05 Annualized Cash Cash High Middle ($2,233.1) Million Low Consensus Estimate: FY 2004-05 FY 2005-06 Adopted: / / FY 2004-05 Annualized Cash Cash General Revenue Total State Impact Total Local Impact Total Impact '" to '<t .... 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Þ ZU Þ u U =:>-0 -0 c:: c:: ¡!¡ c:: O/J c:: ~ "ëj¡ c:: c:: " u u " u ,g ° c:: >. ~ " þ ~ 0 0 U .. ~ ë u >. '" 'ü -0 '" U 0 U .§ .~ ,¡ :> u u > Ü c:: " U u -a 1:: -0 .... _c.. ::: u 'Ë u .. U " " -0 0 ~ .. 0 Ü -0 -== .. -0 è >..,. u c.. '" '" '" " .. ~ ..J u ~ 0 0. U ..J u 0 c:: '" <: .. ~ c:: E ë .t:: .. .. ~ O/J Ë\, CO 'ü u 'ü u E ~ & '" ::: tD ~ c:: u .. c:: V5 ~ c u ~ .§ ~ " " u ~ .>< .>< Õ .~ " " " ö: " " 0 -0 U u Ü u ~ u 0 .. ~ u "ëj¡1:: '" c u .. u u ==.>< ë .s '" .. E .. .... <: <: ..J ..J u Õ .r::> 1:: > c 2 .¡¡¡ "Ch= .>< .>< "" .>< " u u .. Ü 1:: 1:: ~ " " .. " .. 0 æ:i: .. .. .. " ~ õ ~ u " u :€ -a 0 ~ èñ .. cñ cñ èñ 0 0 V5 c.. <: ¡!¡ 0 0 ¡,¡ ~ ~ ::: ..J ..J ..J ..J c.. 0 '" c.. c.. ::: ~ c.. ~ '-' ...", COUNTY ADMINISTRATION FROM: MEMORANDUM .1\_L 04-77 '\ r\ Board of County Com . is' r~r&' Douglas M. Anderson, ,unty Administrator TO: DATE: May 19, 2004 RE: Constitutional Petition Initiative to Double the Homestead Exemption Please find attached a report discussing the petition initiative campaign to double the homestead exemption to $50,000. If approved, this exemption increase would be effective for assessments in 2005. St. Lucie County's current operating millage rate is 7.9551. This consists of Mosquito Control, Erosion, Fine and Forfeiture, and the General Fund. According to our calculations, if this additional homestead exemption is approved, St. Lucie County's operating millage rate would increase 1.0265, bringing the total operating millage rate to 8.9816. The attached published report shows a millage rate increase of $1.0913 to offset the increased homestead exemption. As I receive additional information regarding this initiative, I will be forwarding it to you. DMAlab 04-77 c: Ray Wazny, Assistant County Administrator Dan Mcintyre, County Attorney Marie Gouin, Management and Budget Director Jeff Furst, Property Appraiser Citizens' Budget Committee Attachment '-" $25,000 Homestead Exemption Fund Name Homestead Exemption Current Value Current MillaQe General Fund Fine & Forfeiture Erosion Mosquto Control 1,389,542,378 4.0728 $ 3.5066 $ 0.1000 $ 0.2757 $ 7.9551 $ ..",.¡ Tax Amount 5,659,328.20 4,872,569.30 138,954.24 383,096.83 11,053,949 If an additional $25,000 Homestead Exemption is enacted, In order to recoup the lost revenues, the Countywide millage would have to be increased as follow: General Fund Fine & Forfeiture Erosion Moquito Control Total Notes: + Calculations are based on 2003 Value -10,777,175,136. + Current Millage Rates are adopted rates for tax year 2003 (Fiscal 2003-04). + Current Amount of Homestead Exemptions 55,790. Sources: 1. SLC _ 403AC (The 2003 Revised Recapitulation of the Ad Valorem Assessment Rolls of SI. Lucie County, Florida) 2. SI. Lucie County Property Appraiser's Office 0.5251 0.4521 0.0129 0.0364 1.0265 "" ...., Attachment 1 Constitutional Petition Initiative to Double the Homestead Exemption Jeffery Sauls, a muai-millionaire from Indian River County, is funding and organizing a petition initiative campaign to double the homestead exemption to $50,000. The initiative would make the exemption increase effective for assessments in 2005. Current reports indicate that over 250,000 signatures have been obtained. This is over half the amount necessary to get on the ballot. The campaign has involved television and radio ads and includes an email and internet petition campaign. . .--- . Issues and impacts o Would have a $614M impact on county levies and a $1.9 B impact on counties, school boards and municipalities. . Would result in 28 counties at 10 mills - Including Alachua, Clay, Escambia, Hernando, Highlands, and Pasco. o These six medium counties would lose $12.9 M that could not be made up by increased millage due to ten mill cap c 22 of the 31 small counties would be at ten mills - as opposed to 15 today. o Those 15 counties at ten mills today would lose $11.8 M . .. due jo increase in homestead. .- _.... o The seven additional small counties pushed to ten mills would lose $8.3 M that could not be made up by increased millage due to ten mill cap . Anther twelve counties would be at eight mills or above - Including Citrus, Hillsborough, Leon, Manoatee, Polk, and St. Lucie. . The additional $25,000 homestead exemption for low income senior citizens would be on top of the $50,000 homestead exemption - as would the $5000 partially disabled veterans exemption. This could result in a total homestead exemption of $80,000 for certain individuals. ..-------- - : r-;? r,:::--. r2 n" f7 rc=? f\ L ~ _0. (. !. ~ -:-- I ~-, = \ \ i 1 c:=.. . Y .:.[ . ~.~y 0 6 ZOO\ 13 CO. ADMIN. OFFICE '-" ...." Estimate of Impact for Additional $25,000 Homestead Exemption HB1603 Additional $25,000 Homestead Exemption Impact of Increase Increase in County Current County County Government Operating additional Homestead Operating Millage Government Millage Required to County on County Operating Required to Offset Operating Millage Generate Current Revenues ';~~~{~~'¿;j;;~ €~~,;;j¡¡1~1i~~~ ;~:~;,~~;~i~1~~~~~ \;.;t~~~~i~~\~j~~i~ iì~¡;;I;~~~~i~;j;i;;;;~~~:li~~1¡ B.A. Y $4,567,587 0.6407 5.6620 6.3027 >('.!3.8AQ~ø. 80..'::« ';:;:\::/)E;0/;;/;t$j~Qg:{{&$~8.t;? \?'W·{~;:·.··i;.'}~~~·'2;2}1 .7,9)~.:S!:;;<:)·;:.;,;,·("':·:;:9 ;JjQQQ{jj~;;i{\/':;:~'{·;?Ô:!:;;:;·:;:'i:?:X·\·~ 1717.9.. BREVARD $15,329,254 0.8303 4.4344 5.2647 . BROWARD ~_., .$6.5,052.,8!5... . . 0.6932 6.6065 7.2997 ,;;:CA.l'ilG-lJ.r:s ...' _j:).·:;:,¡<::¡;.ô:~,~;.$4~;¡f6}t.Q?} ;'·'.....;;.'·:/~kt7J6 ,/.' :;to..DOOQ.,,, _. .:' .'·'12.1J16~~ O' CHARLOTTE $5,709,552 0.5794 4.8709 5.4503 CITRUS S7,301,692 1.3173 7.7410 9.0583 <?p.lIAYHt¡.~;.;':' :'/);.':/;';; :';-':;i:~';;~H::~.;?t.~$.8i$5;Z:¡$;$~!;J3~·;?{·;~,:.;¡;';':)~1¡~Y~:fi~9Q8;¿~, X::/;;.~;(;'.~(:':'~8i.85.39:~;~ ~~;;/:i;:";: :j;·;(';;,;':·/'::;.;x;~};;:e:i:'~f 0 :6.E)P4·;¡;:~ COLLIER - $7,017,492 0.1585 41272 . . . .' 4.2857 ;:.;;QQW:J.M.¡:i1 A.;'t;~\;;~,\ ):::"ti";0;'~;';:'?;H<S.~j:2&~t)4.$.$.~;(: Y<:!'~~i!.'i~.\~;':~·;'E·::;i:~1i;Ï8.~e.~¿ #:~;::1:··::;";·:'r¿:'(Y08·~Z2.6,o.3iJ~Æ!{}j.¡~';{~\::¡j.~g(}}:~Úiå\i';:;:0:~~1'ò.ie¡'t~8);.~: DESOTO $944,788 1.0556 81000 91556 ÙD 1({IE:;:(:(:i;.:::.,: >:},i. ;ii:.:>;:.,;·/\\i";;:,$4?t\$¡¡~8!t;t1:;}·:~:·::··:;' :'.::i:.:'?:1;$4J:O·.{ ;,!~;.\': :"·..'.«''-'10 :QOQO ". y¡:\(;,.\:),~:,::~:.,:!.:':~.::;;:)rt~?;:i'n.1·'.5~ 1'(j~:[, -DUVAL ---- $41,483,904 1.2486 9.8398 - 11.0884 !:;;E s¢AJi;ì1 ß.I A/::~:} ..':;: ::' \:·;;~,:;J.'·~~,~~;;t$ng;ie$:(;nq.;Qø·~1i ,'/:,';;,';}.: :'::';.~·):~,1:;5~7.6Jš¡;f~:,::^,;: ,:".¡,c :;;:,,"'8, 75E¡0: .;: .:,:,?-'.)(::'/:>.:" ";::¡?:~;::;:6;:'::':;10 :332:f*~ FLAGLER $2,434,831 0.6037 5.1000 5.7037 FRANKLIN $306,547 01962 5.2000 53962 ~~iæ~~l~)~ ~~~_~~~~~~~¡~iij: ~~ii¡~~~~f!¡~~II7ii!¡~;~ì~~~i!i~ GULF S411,816 0.3298 6.2646 6.5944 .. ::XHff..jv1J :?\::T:QN,'?:;:':;;;~~X:;:;'>:~::'¡";)::~;,;:ß{S~ª:ø:¡€1:'~~~~ ?~'~;;"A;' ,·,:~ti5'·;:Wj(J1.;7.P~ >~;-r:~ :;> ~;':\;';:~(¡O: õþ~p>~.j:':,S't:F:"';i~Æ~:-;'::;;;J\!):N):}-:::.?~1 0 :7r/1A~~~ . HARDEE $720,930 0.5992 8.7500 9.3492 HENDRY $1,110,361 0.8052 9.0000 9.8052 ;';~~~~ì:!3;~ ~~~~;~1f;~~i~~ tjV~~,:;';!;;;;;i~i!~~~ ;i:~¡~';;i~~11~~~~~ 1~4Y;;';X~;i;iZ:;;j~;j;it;1~'~i~i; -'} I:J Q l.iM~$;;;'~~.f:f;;1 }':·:N::;}'~::/; ;;;¡;:;1';;,$:7,~'~1.f,~S.;ð;jt.g :;;,;;';?C.·" :·:';:;:;")i-,3 :.O$~ Fj :':¡¡ ':;;: -: ." .'., '; · ,'.'::1 O".Ob.OO ~:!~ fj\:~j'F·i,.. ¡; .ët":};;·t::;;:Y·::;,··~·>,;~~13.o.3:t9··~~ INDIAN RIVER $3,015,679 0.3047 3.8377 41424 :1~!~~f£~~0~ '~~!~f~~!¡iii5 ~~~;;~~i~¡tn~ ~\t'¡i{1~~ig¡~~~ æi":~~l~~~,~tEi~~~!~i'~ ~ LAKE . . S9,287,725 - 1.0532" 5.9170····· . 6.9702 LEE $16,512,300 0.4116 5.3401 5.7519 LEON $10,476,040 11996 8.5500 9.7498 ;~~Ä:iJ;tf'};~ ~~itf~~~~f!i~~~ ~!~i~;~~~1:;~i~Æ~~:::;:;;Æ~1!~:~~~~~!~;~i.;;~;~"~~·:·",f;;;,':1~~~ir~ rv'ANATEE $13,310,251 0.789ô 7.7089 8.4985 MARION S9,664,633 1.2115 5.4600 6.6715 MARTIN S5,315,355 0.4322 5.3950 5.8272 t\/:IAMI-DADE $60,153,321 0.5030 5.9690 6.4 720 MONROE $1,532,696 0.1077 3.5238 3.6315 NASSAU $3,019,809 0.7404 7.6821 8.4225 OKA.LOOSA $4,181,603 0.4843 4.2500 4.7343 OKEECHOBEE $1,340,262 1.2566 8.0010 9.2576 ORANGE $24,382,089 0.4228 5.1639 5.5867 OSCEOLA $5,749,338 0.5186 5.9945 6.5131 PALM BEACH $35,173,181 0.3871 4.5000 4.8871 n<.1'''' ~nl m:p.: Revenue Estimating Conference ~ '-' Estimate of Impact for Additional $25,000 Homestead Exemption Impa ct of I n creas e I n c reas e i n Co u nty Cu rren t Co u nty Co u nty G ove rn m en t Op'" " additi on al H om estead Operati n 9 M i I I ag e G overn ment M i I I a 9 e Re qu i re d to Cou nty on Co u nty Operatin 9 Requ i red to Offset 0 p erati n 9 M i I I ag e G en e ra te Cu rren t Reven u es ·.:C}~f'$§GÖ')):;J{;~ ';T'::;:·::···~;],~:;~$:i~'31131:Pllß$;;::~ ¡H}ffÙ:')X:;.ti:?r~~1~1$~.5.ô.:1:{ .:':¡:;?~r:;·~:"n;:;~~;ßr2!32ø;;~;' f~-·~'? ;'~ \\;::~.;.:\~~ } "}',;C:;;; ~E:::.·-::::H 0'" 276:3 . ',' .:1 PI NELLAS $4 1 ,320,922 0.94 86 6 .80 1 0 7 .7495 POLK , $ 1 9,72 1 ,859 1 1 994 7 .7270 8 .9264 ::/RtJTN.AMi:<':'::)A, ·X·' :;·;>;;:d:11$,$}?$~·i§J.ttn; Q!.;~\;:.:<:~~/:;;,·;:,j\;:';'1ifb1 :q,3~f,":; :j("j·:i:;:.\;:ic,·;',:"?:fQ/2Ø.ÞP X;;) :" :'.~:' .~.:.-. "; : -::~ : '- '. ... . .... '.~, '.>,<1 0,61 53): ,." .r,.' .",h, ST. JOH N S $5,608,054 0.4854 6.0220 6 .5074 ST. LUCIE X1 $ 1 0,324 ,324 1 .09 1 3 7 .7388 8 .830 1 SANTA ROSà $5 ,382,75 1 1 1 605 6. 6 1 70 7.7775 SARASOTA $ 1 1 , 1 04 ,9 1 3 0 .3528 4 .2 1 1 6 4 .5544 SEMI NOLE $ 1 1 ,751 ,896 0.6779 4 .9989 5.6768 ·¡SQ MJ~R.)F;:'.f{;.;·x ·.';i,,)·.·.'.~,··C;.:}!~f;¡$<~;$e.,:bf,!j.·R.~lt~ ~~:;f;;Wi~;\:;?~-;~:~\W·:;~§ÐþQ2:S~, ,::: \·.::;;/'~i~{·1~.;~\q~~¢$ çj Q ;·;ri ';'; :.:::.'~:.:~' .~:::;.; ;.'.-" ..~". " ..' ;oj 1 .$5Q2':;( ~.:,':.': :::.' ..-:.....,' ..... l":$IJjWANNEE::o;\¿' t:/·",,·:;,;;J::::~:;;;}i$;~!@~~~t9.9.~X;1 ij~Zf¡1;1;0);~,';i:·~M.';'~~1$0.qÖ}t; :7~/¡?~;'ti=;'¡i-j¡j::~ O';'ØQQO;j~/: ,~,·~·~;.>à' :.L;.~~ ~::.: ;¡:..:. ,,·;,\{,·;t¿'i ')¡J2..58 50):" TAYLOR $657,328 0 .838 1 8.0760 8 .8 1 41 ¡W Nl o..I'fJ~:j~;i;;\:(;Æ'f /:;·i;:·i.:;.:'>}t':;;;!;>:):$:$:~~;~.9øQ1i:1: ;%~W$NXl)rf.·.:K/(~2.~~7;ºQQiÙ~ .. ··)~:.:.·:':)\~;i:;:iA~A Q~()þ,QÞ.3!';; .,.:;'; :;::':,'-i,:: \'.; :;.:'..; :;'Y.; '~';".:1 2":7,oÒ.Pi·['~ VOLUSIA $1 8,8 1 2,0 1 7 1 .0 1 89 6 .2040 7.2229 :'tNjJJf.Yi.W[jk'b.\:';:i~'iU ';:h.:i':~:;.ii'i}:Y;:W:$'f.tiì.2:S3Jº~g~~i. :~r}!.;sj(i;};};;':~:~;Jif/Pf(l(H:·~ ~::;·j¡;Ì.:;;~7\:;~i.~?,1o}PQ,Ò.O>¡\~ ;~tC:?/~::··.~:';;'::;';·" ..c':"+:i· ';'.:(~2;.3 77:7;;~: W ALTON $ 1 ,22 1 ,254 0 1 9 73 5.3557 5 .5530 "~:Wð$"~lNþJjQt'J)l \\;i.:··.:.i;~~:'itt-~tt:~;~if$.BJ3 6::r.ô 2·Z~1: :{f,}n>~:;)Ji&F¿~;:'ŒM2~Z};ß.~1.'i{ t5:~;<£::r~~~i,@{~1..0]ØQÞO:(,i; STATEWI D E $ 61 4,00 6,58 8 0 6 8 97 1 - . - - - __ _0_- _ . - -+. --- .- . Data Source: Revenue Estimating Conference '-" ~ - CONSTITUTIONAL AMENDMENT PETITION FORM 1 04.185-A person who knowingly signs.a petition or petitions for a candidate, a minor political party, or an issue more than one time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. I am a registered voter of Florida and hereby petition the Secretary of State to , place the following amendment to the Florida Constitution on the ballot in the general election. IS THiS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? _ YES_ NO (in this county only) NANiE Please Print Name as it Appears on Voter 1.0. Card 5IREET ADDRESS CITY ZiP CCiJÌ'.rry .u._·.___·__ Voter Registration Number - or- DATE OF BIRTH _1_1 ------ x____ --- SIGNATURE OF REGISTERED VOTER DATE SIGNED For Office Use Only: Serial Number: 04-01 Date Approved: 01-08-04 PS-DE 19 (5/02) Pd. Pol. Adv. by FamWes for Lower Property Taxes '-' ...,.¡ RESOLUTION NO. 04-174 A RESOLUTION OPPOSING A PROPOSED CONSTITUTIONAL INITIATIVE PETITION TO INCREASE THE HOMESTEAD EXEMPTION BY $25,000; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida¡ has made the following determinations: 1. There is a proposed constitutional amendment by the group "Families for Lower Property Taxes" (the "Amendment") ( copy attached hereto as Appendix A) that proposes to increase the Homestead Exemption to $50¡000.00. 2. The proponents of this Amendment have promised all Florida homeowners a property tax savings of $500.00 should this amendment pass. 3. The Amendment will result in a $1.9 billion shift in the property tax burden to businesses, rental property¡ second homes, and agricultural properties. 4. Certain homestead properties will also experience an increase in taxes rather than a decrease because of the shift in burden. 5. The Amendment¡ if enacted, will potentially force at least 28 counties to the constitutional ten mill cap. 6. The Amendment will impact Florida ¡ s rural counties significantly, many of which have little or no capacity to replace any lost revenues. 7. The 15 counties currently at the constitutional ten mill '-' ...,¡ cap will lose a minimum of $11.8 million in operating dollars with no local ability to replace lost revenues and most likely will result in putting these counties in positions of financial emergency. 8. The Amendment will impact voted debt levies, placing at risk current pledges of property tax revenues to meet debt service for such voter approved issues as environmentally sensitive land purchases. 9. Florida's counties are constitutionally and statutorily charged with funding and providing an array of services for Florida's taxpayers and visitors to the state, including but not limited to¡ law enforcement, courts, elections¡ public health, emergency medical services, transportation improvements¡ and land use planning. 10. Local ability to fund and provide some or all of these services will be adversely impacted by the amendment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby declare its opposition to the Families for Lower Property Taxes Amendment increasing the Homestead Exemption. 2. The County Administrator is hereby directed to forward a copy of this resolution to Mary Kay Cariseo, Executive Director¡ Florida Association of Counties, 100 South Monroe Street¡ Tallahassee, Florida 32301. - - - ~' ..., After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Frannie Hutchinson xx Commissioner Cliff Barnes XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 22nd day of June¡ 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~~ ..J APPENDIX A Text of Proposed Amendment Reference: Article VII¡ Section 6 Ballot Title: Additional Homestead Tax Exemption Ballot Summary: This amendment provides property tax relief to Florida home owners by increasing the homestead exemption on property assessments by an additional $25,000.00. FULL TEXT OF PROPOSED AMENDMENT: BE IT ENACTED BY THE PEOPLE OF FLORIDA THAT: ARTICLE VII Section 6 of the Florida Constitution is hereby amended to add the following paragraph (g). (g) By general law and subject to conditions specified therein, effective for assessments for 2005 and each year thereafter, an additional homestead exemption of twenty-five thousand dollars shall be granted to any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner. '-' ...."., AGENDA REQUEST ITEM NO. 11 DATE: June 22, 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: SUBMITTED BY (DEPTh SUB1ECT: BACKGROUND: FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: Board of County Commissioners Administration Bi-Weekly Committee Reports At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: COMMITTEE Blueway Advisory Committee Chamber of Commerce Board of Directors Children's Services Council Cultural Affairs Council Friends of SLC Library Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council MEETING DATE As Needed Monthly 2nd Thursday 2nd Tuesday 2nd Thursday 2nd Wednesday 3rd Wednesday Quarterly 3rd Friday COMMISSIONER Barnes Lewis Lewis Barnes Bruhn Bruhn Bruhn/Coward Lewis Coward/Hutchinson COMMISSION ACTION: [ ] APPROVED ~ OTHER: CONCURRENCE: [ ] DENIED Reports Given Review and Approvals County Attorney: Management & Budget:_ Originating Dept: - Other: Finance: (Check for Copy only, if applicable) Purchasing:_ Other: Effective: 5/96 o 6 / ).,8/0.4 ' F'"'1\BWARR FUND 001 001131 001149 001157 001158 001163 001288 001809 101 101002 101003 102 102001 102107 105 107 107001 107002 107003 109 121 ì ~_J 140001 140323 140329 160 170 183 183001 183003 183004 183216 185003 216 310002 310003 310201 316 316001 382 396 401 418 421 441 I' . S ~ ST. LUCIE COUNTY - BOARD """ WARRANT LIST #40- 12-JUN-2004 TO 18-JUN-2004 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY01 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Net Loss Commercial Fishing Stories TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Drug Abuse Fund Blakely Subdivision Fund SLC Public Transit MSTU Port & Airport Fund Port Fund FDOT/Drainage Improvements AL643 FDOT-Taylor Creek Restoration/Acqui Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court OSCA Traffic Infraction FY03/04 FHFA SHIP FY02/03 County Capital I&S Impact Fees-Parks Impact Fees-Public Buildings FDEP/FRDAP Ancient Oaks County Capital Transportation Capital Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund .... ... EXPENSES 525,188.74 230.14 2,471.61 3¡454.01 468.29 500.00 74.90 0.00 100,279.44 11,274.61 21,650.50 43,419.46 3,005.06 468.29 4,197.34 196,233.08 231.90 341.46 11,919.52 5,708.00 70.96 111,350.10 20,038.57 165.12 8,000.00 16,117.48 1,450.17 10¡832.80 7,863.47 984.99 390.00 1,836.15 2,280.00 250.00 1,202.00 8¡620.58 7,356.80 350.00 3,811¡424.26 87.50 3,088.21 13,317.30 296,622.59 17,104.92 1¡616.13 5,570.36 88.70 88.70 PAGE r: PAYROLL 580,119.57 780.33 5¡046.70 2,199.91 1,261.54 0.00 189.59 1,261.54 115,999.40 0.00 0.00 46,229.64 5,163.77 1,366.19 1,~89.60 74,525.54 879.62 31¡232.74 0.00 0.00 0.00 0.00 14,207.00 0.00 0.00 0.00 2¡743.32 0.00 4,181.86 1,171.84 0.00 2,931.95 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 49,585.37 24,513.49 122.27 3,241.58 518.47 93.64 06/1,.ª/0;L pr7~BWARR FUND 451 458 461 471 478 479 481 491 505 505001 611 625 630 650 ...., ...., ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 12-JUN-2004 TO 18-JUN-2004 FUND SUMMARY TITLE EXPENSES S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Agency Fund 353.19 88.70 11,504.10 2,009.72 46.83 210.73 1,585.08 241724.52 41339.29 51516.66 31093.70 30.59 197.67 71878.34 GRAND TOTAL: 5,340,863.33 .... .. PAGE ¿ PAYROLL 1,400.43 502.86 16,344.46 3,945.30 156.07 920.48 32.78 45,301.15 31167.07 0.00 4,543.60 0.00 0.00 0.00 , 1,0471470.67 - f ¡ þq. .t..... . '-' AGENDA REQUEST """ ITEM NO: C-2A DATE: June 22, 2004 REGULAR [ ] PUBLIC HEARING [] CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: JOB TITLE CHANGE FROM HEAVY EQUIPMENT OPERATOR I (HEOI) TO FOREMAN I (RC04-060) BACKGROUND: As a result of the recent vacancy created by the resignation of one of our employees1 a HEOI, on June 161 2004, staff requests a job title change from Heavy Equipment Operator I to Foreman I in an effort to more efficiently respond to the County's obligations in meeting its ground maintenance needs. If approved1 the change will enable the formation of a third ground maintenance crew, led by the new Foreman. Staff further believes that this change will definitely streamline the Park Division's operations. This change has no budgetary impact as both positions have similar rating - pay grade 9. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE IN: 001-7210-512000-700 (Salaries)General Fund RECOMMENDATION: Staff recommends approval of position reclassification RC04- 060, changing one vacant Heavy Equipment Operator I to a Foreman I. The change has no budgetary impact. COMMISSION ACTION: CONCURRENCE: [ X] [ ] APPROVED OTHER: DENIED Approved 5-0 County Attorney: Coordination/Signatures & BUdget'~Cha'ing, Finance: (if applicable) Originating Dept·' GE.DOC CI)~ ~o W~ ZM 0° _0 Cl)N CI)~ -« :EW :E> 0...1 0« >0 I-CI) Z- :JLL 00:: 00 LLLL OZ cQ 0::1- «« O~ alLL - >CI) I-CI) Z« :J...I 00 OW wO:: -Z 00 :J- ...II- - .CI) 1-0 enD.. z o ~ W 0:: o W 0:: o Z c:( en en ~~ 0::0:: C:(C:( c..c.. 0:: o ~ W >c.. .JO 1-1- Zz Ww O:::¡æ O::c.. ::>- 0::> a W ~ W :I: c.o ..- It) ..- 00 ~ NO)' c.o ~ o c:i ..- ~ c.o ..- It) ..- ~ ~ NO)' 00 ~ o c:i ..- ~ W .J I- ¡::: Z o ¡::: ëñ o c.. .=.: W w" c> W"OW ..0 .J en::> 0c:(c:("1-a3 OIXO>- oc>enO:: t.J a3»~Z~ 0c:(c:(c:(~0 ,c..c..enOA.lI- 0) .c - en L. :E~ t- c :::J - c :!: m ~ E U 0) 0) L. U o C LL m .8 55 - - L. .5 ° m ~ E o)-c a.c o Õ _ L. C 0> O)-c E .= a. .c .- - 5-m Wo> >- .5 ~ E 0) ° I.... ->- c.c m en U c m ° > .- mea L. õ8. 0) ° :E en .....~ .c 0) ·Q..5 0)- .c E - m Q) Q) o>l:: c en m ° .c - U C o 0 - ëñ c .- o .~ c :;::;Om ~ en E .¡;: -c ~ ° m ° £ a."" :::J Q) :!: m .e Q) 0>- c .5 :!: ~ êi)o_ Q)m- :::J 0 0-= a. ~:!::E en Q) en ._ 0> L. :t:: c Q) mm-c _.em C/)u~ o o r-- I o o o N ..- It) I o ..- N r-- I ..- o o ~ z ::> o o o c:( o c.o o I ~ o a:: a:: ð W 0:: en en ~ o W 0:: ....", AGENDA REQUEST ITEM NO: C-2 b DATE: June 22,2004 REGULAR [ ] PUBUC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Request for approval to serve alcohol at Pepper Park BACKGROUND: Berger & Tombs will be holding its annual company picnic at Pepper Park on July 17, 2004. As part of the event, alcohol will be served and as required by County Ordinance 1- 15-23, BOCC approval must acquired. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Berger & Tombs request to serve alcohol during its annual company picnic on July 17, 2004 at Pepper Park. COMMISSION ACTION: CONCURRENCE [)d APPROVED DENIED [ ] OTHER: Approved 5-0 County Attorney: ~ Originating Dept: ---. ?- Coord in~t ion/Sign~t ures Mgt & Budget: _ Public Works: Purchasing" Ot her: Finance: (Check for Copy only, if applicable) " ,,,, --. ¥ t $"" ..., ALCOHOL BEVERAGE PERMIT ST. LUCIE COUNTY PARKS AND RECREATION DEPT. (This fonn is to be used in conjunction with the Facility Use Permit) r ~ 3e'-q~." ~·~7 I, ;\0 (' .(r'k)..V'-- (C<;' \/'>LL:\!~:;) representing £.-..b..¡·I";,{" 4- r,o...~quest a permit to c9nsume and/or sell alcoholic beverages for on-site consumption at p.,'f'pe:.- ptv k ,; on '7 / J 7 L G'f . Criteria for issuance of the permit 1. An applicant must be at least 21 years of age. 2. An applicant must possess a valid driver's license or another form of identification containing a current address. 3. Application for permit must be completed and delivered to the Parks and Recreation Departmeñt at least 15 days prior to the event. 4. User must present a General Liability Insurance policy certificate for the date of use and a host liquor liability policy certificate each in an amount not less than one million dollars ($1,000,000) when the facility use permit application is submitted. 5. . In the event any user intends to sell alcoholic beverages, they are required to meet all state requirements regarding sale of alcohol and obtain all required permits. Copies of said permits shall be submitted with the . facility use permit. 6. The user must pay the cost of security provided by the St. Lucie County Sheriff s Office. The fee is payable directly to the Parks and Recreation Department at the time of payment for the facility use. Conditions of Permit 1. Person signing the permit must be present during the event. 2. Area of permit use will be confined to the area specified above. User shall be responsible for the behavior of any parties with the user's group. 3. User is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of21. 4. Alcoholic beverages shall be sold/served only in conjunction with food sales. No alcohol will be served during the last 30 minutes of the user's event. 6. The user must abide by all other operational policies and procedures as set forth in the facility use permit. Any violation of any of these rules can result in termination of the event. 7. User is not to state that St. Lucie County is a sponsor or participant in the event. By signing, I agree to abide by the laws of the State of Florida as they apply to the consumption of alcoholic beverages, any applicable St.; Lucie County ordinances and the conditions of this permit as set out above. . #~.;;:-/ ,-"h 10/ Signature' f Applicant Date . Recreation Division Signature Date State Permit Received Date Insurance Certificates Received 10/02 1I1I1Il - ... ITEM'N6. C-3 A DATE: June 22,2004 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY#' Leo J. Cordeiro. Solid Waste Manager TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division SUBJECT: Request Board approval of Change Order No. 1 for Continental Biomass Industries, Inc. for the C&D Debris Processing Facility. This change order will increase the Contract amount by $16,795 making the new Contract amount $616,911.80 and extend the Contract time by 21 days. BACKGROUND: This Change Order is to add a fire suppression system to the grinder equipment at the C& D Facility. FUNDS AVAILABLE: 401-3410-599300-300 Operating Reserves PREVIOUS ACTION: 07/22/03 _ Board approved Contract with Continental Biomass Industries, Inc. in the amount of $600,116.80. RECOMMENDATION: Recommend Board approve Change Order No.1 for Continental Biomass Systems, Inc. This will increase the Contract amount by $16,795 making the new Contract amount $616,911.80 and extend the Contract time by 21 days. COMMISSION ACTION: CONCURRENCE: Jc} APPROVED ( ) OTHER ( ) DENIED Approved 5-0 ~. TRATOR Coordination/Sianatures County Attorney (X) Originating Dept. (X) Jr- Mgt. & Budget (X)~ Public Works (X) ~ . ( Purchasing (X) d/ Other ( ) Finance: (check for copy, only if applicable)_ CHAt-'GE ïDRDER '-' ST. ktJCIE COUNTY PROJECT: C&D Debris Processing Facility Grinder Equipment (name, address) 6120 Glades Cut-Off Road Fort Pierce, Florida 34981 ...., CHANGE ORDER NUMBER: 1 INITIATION DATE: June 3, 2004 TO (Contractor): Continential Biomass Industries, Inc. 22 Whittier Street Newton, New Hampshire 03858 CONSULTANT'S PROJECT NO.: 6277-40650-125 ST. LUCIE COUNTY CONTRACT NO.: C03-07-654 CONTRACT DATE: July 23, 2003 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A- Yes NG) The original (Contract Sum) (Guar:mtoed Maximum Cost) was ............................................................ $ Net change by previous authorized Change orders......................·..·........·......·..........··..·........·..·......·..· $ The (Contract Sum) (Guaranteed M3ximum Cost) prior to this Change Order was................·..·.......... $ The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or changed) by the Change Order...... ............... .................... ...... ............. ...... ..... ............. ......... ........... ...... $ The new (Contract Sum) (Gu3r3nteed Maximum Cost) including this Change Order will be ............... $ The Contract Time will be (increased) (decreased) (unch3nged) by........................·......·..........·......·....· The Date of Final acceptance as of the date of this Change Order therefore is: .................................... 600.116.80 o 600.116.80 16.795.00 616.911.80 21 davs September 3.2004 Funds Available: Account Number: 401-3410-564000-3606 The 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 the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and C'ontractor that the Change Order represents an equitable adjustment to the Contract, and that the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the Contract specifications. Recommended: Camp Dresser & McKee Inc. Architect! Engineer 1701!!J"~1. Vero Beach. F L 32963 'ltress ~.I J . c.. g 0..,. ~ D~ Agreed To: Continential Biomass Industries. Inc. Contractor Approved: Solid Waste Division St. Lucie County Department 6120 Glades Cut-Off Road. Fort Pierce. Florida 34981 Address By Authorized: S1. Lucie County: 2300 Virginia Ave., F1. Pierce, FL 34982 Date New Ham shire 03858 By Date Approved as to Form and Correctness By WHITE- VENDOR " ' County Attorney GREEN- PURCHASING PINK-DEPARTMENT '-' ...., EXHIBIT A ITEM DESCRIPTIONS St. Lucie Countyl Florida Construction & Demolition Debris Processing Facility Grinder Equipment CDM Project No. 6277-40650-125 Change Order No.1 Item No. 1 Description: Fire Suppression System Purpose: Installation of a fire suppression system around the grinder engine and discharge belt. Cost: $16,795.00 Time: 21 days A-I mh1636.doc "" -.....I " EXHIBIT B CHANGE ORDER COST & TIME SUMMARY St. Lucie County, Florida Construction & Demolition Debris Processing Facility Grinder Equipment CDM Project No. 6277-40650-125 Change Order No.1 ITEM COST I CREDIT TIME (Days) 1 $16,795.00 21 days Totals $16,795.00 21 days This Change Order includes not only all direct costs of Contractor such as labor, material, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead or general overhead, acceleration1 material or other escalation which includes wages, and other impact costs. B-1 mh1636.doc ....." ITEM NO. C3 b DATE: 6/22/U4 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~&~.~~'-- ~on West Public Works Director SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Approval from the Board of County Commissioners for final payment in the amount of $1,812.30; accept the project: release retainage in the amount of $1,812.30, and make final payment to Carlton Paving, contract 03-08-491. BACKGROUND: Indian River Community College has constructed new improvements to expand the Virginia Avenue complex, including new parking facilities to be located adjacent to 30th Street. The east entrance road to the new parking lot is via Stanton Avenue, which is a County owned and maintained unpaved roadway. IRCC requested the County's assistance in paving a one block segment of Stanton Avenue between 29th Street and 30th Street. County staff has tried to obtain quotes from contractors to perform the necessary paving and grading work. The lowest and only quote is from Carlton Paving in the amount of $18,123.00. The contract and proposal from Carlton Paving was funded from pavement resurfacing funds in the amount of $18,123.00. The work has been completed in the field. FUNDS AVAILABLE: Retainage-101-003-0000205100 42003 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board accept the project and release retainge and final payment to Carlton Paving in the amount of $1,812.30, and to be signed by the Chairman of the Board. COMMISSION ACTION: ~ APPROVED o OTHER: o DENIED Approved 5-0 Review and AD:rovalS · Originating Dept: (Pub. WkS.¡. }.~. . County Attorney: ~~ Management and Budget: Purchasing: 0 Parks & Recreation: 0 Environmental Lands: 181 Finance: <J,f~ ~Other ß f\'H Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. , , '-" """ APPLICATION FOR ,~^J AND FINAL PAYMENT r'::'ì--·r~'-'r-----¡,--;'::--;::·--;-:~ I; r:., rJ~'_I'~...¡_! _.'... :=-..' ~.: ¡ I í' i: , ¡ M\R I 5200ri ~~~uêi F. cg~~~v ~O~~~f;f7~. -- ~~j . CONTRACT DATE: -~Ð0"-""-- APPLICATION DATE: ---.3/ J ~ I Oy INITIAL CONTRACT AMT. I. --. , BASED ON EST. QUANTITIES $ 1'ð.I.as, 00 . --------. PROJECT NAME: 5 tClV) t c V\ A\Jôf\Ü-v ENGINEER'S PROJECT NO.: Co,I-rcV\ CONTRACTOR: OWNER: T""'I . \-tÄ V l (\6) '--. APPLICATION AMOUNT: FOR PERIOD ENDING: 3J)~ TABULATION OF AMOUNT DUE THIS APPLICATION ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of completed work") CHANGE ORDER NO. ±@~% COMPLETE (+) CHANGF, ORDER NO. @ % COMPLETE (+) CHANGE ORDER NO. @ % COMPLETE (+) CHANGE ORDER NO. @ % COMPLETE (+) PREVIOUS PAYMENTS: il $ #2 $ ~3 $ i4 $ TOTAL $ TOTAL WORK TO LESS PREVIOUS SUB-TOTAL LESS FAILED LAB. TESTS DATE (+) $ PAY. (-) $ $ \?f,I~],OO Ilú " 3 10 . 70 .'1fI,-;Z 3û , AS APPLIED FOR BY CONTRACTOR $_lg./~3.00 I $ $ $ $ t AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD AS APPROVEQ BY ENGINEER 00 $ ~,\:23 (-) $ $ $ $ $ \~, \ '2'3gQ $ I/ø' '3 \ 0 ...0 $ " ~ J-J. "3,$? $_-:-0 - CONTRACTOR'S AFFIDAVIT $ I i81~.JO . The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor agrees to the total final price of $-J'8'1 1.:13. 66 and final payment of $ 18/;2..30 as full settlement of his accoúnt under the Contract and of all claims in connection therewith. CONT(j~C~OF: ~:;~Vi(\j BY ~(1 . ___ COUNTY OF STATE OF I ¡-tv.. ^; \ Before me this -- day of Iv VJ...,( {.; i\ , ~ ,;2ðùY, personally appeared GlenM (4vl~ ~YY\G(\ , known to me, who being duly sworn, did depose and say that she is e \/ílL fYesíd.et.'\-t-- (Off ice) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the statements contained ther;~are-:-~~,~~orrect and comPl~ ~iy commission expi res: f*:"å'\*, !.,'\ v '..jf~ISSION#DD 139216 J!LI~_. rJ ð«tþ b ~;;,~.ii . EXP,;~E.SAuyust5,2006 Notary Public /T"U- ~ IT u "F,'.'r.~\\' Þorx!ed Thru Notary Public Underwriters TITLE \! \62., P~5\del'\ t- TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed by the Engineer. The Engineer hereby approves final payment under this application in the amount of $~11~'2 ~ , less liquidated damages assessed by Board, ~TU~ PAYMENT SUBJ~CT TO CÚNTRACTO~'S SI~NING ABOVE AFFIDAVIT. "'~'r, ~ . ~Ñ~~' ST. L C,.IE COU TY E GINEERING DEPARTMENT , APPROVED? .~~ DATE: Contract Time Began: Substantial Completion on: Actual Construction Time: Contract Construction Time: Rainy Days Allowance: ~ther Overrun Allowances: Net Ove r run: Cal. Days Cal. Days Cal. Days Cal. Days Cal. Days CHECKED BY PREPARED BY ____ St. Lucie County Eng. Depart. '-' ...,¡ DIVISION OF ENGINEERING MEMORANDUM 04-149 TO: Dan McIntyre, County Attorney FROM: Barb Meinhardt, Fiscal Coordinator ~~ VIA: Mike Powley, County Engineer IHVf DATE: May 24,2004 SUBJECT: Stanton Avenue On August 12, 2003, Carlton Paving signed a contract for the resurfacing and repair of Stanton Avenue (C03-08-491). We received the Releases of Lien from the Contractor and M TC Pavement Marking but did not receive a release from Dickerson Florida, Inc. for the asphalt. According to Carlton Paving, the original was mailed to us in April; but we did not receive it. They faxed over a copy of Dickerson's release. Since the original was lost, I called Larry Dale, President, of Dickerson Florida, Inc. He referred me to Mr. Mike Bailey. Mr. Bailey confirmed that they have been paid by Carlton Paving and the Release of Lien was correct. (See attached faxed copy of the release form Mr. Bailey). If this faxed copy does not comply, please let me know; and I'll get another original from Dickerson. If this meets with your approval, attached are the Releases of Lien from the Carlton Paving and MTC Pavement Marking along with the faxed copy from Dickerson Florida, Inc. If I can be of any assistance, please call extension 1708. Bam cc: Don West, Public Works Director i ¡ Irl,! f.' T_ t -) ~It i\.' . r~ ' i Çà/ 9--' Attachments (3) AGENDA REQUEST ITEM NO. C-3c DATE: .' ~ 22, 2004 REGU~ ] PUBLIC HEARING [ ] CONSENT [x] "-' TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Property Acquisition Funding for the Midway Road Widening Project from the Turnpike to S. 25th Street. BACKGROUND Midway Road from the Turnpike to S. 25th Street will be a future bottleneck in our transportation network. It is essential that we begin right-of-way acquisition now in order to stay ahead of property costs and to help identify and acquire parcels as they become available. The project budget will be established in the amount of $500,000. St. Lucie County is presently widening Midway Road from 1-95 east to the Turnpike in conjunction with the Walmart project. St. Lucie County is also beginning a PD&E Study to evaluate the widening of Midway Road from S. 25th St. to US1. FUNDS AVAIL.: Funds will be made available in 101006-4116-563000-4118 Transportation-Impact Fees Trust PREVIOUS ACTION: RECOMMENDATION: Staff recommends Board approve staffs request to proceed with the property acquisition funding of the Midway Road Widening Project (Turnpike to S. 25th Street), establish the project budget in the amount of $500,000, and signature by the Chairman. COMMISSION ACTION: i"t APPROVED 'r] OTHER: [ ] DENIED Approved 5-0 "- [x]County Attorney [x]Originating Dept. Public WOrkS~ midway property acquisitions.ag T' en ,. ,/(5;' V [x]Fiscal Coord. ~ ft H [ ]other ·" .,. ........ I '-' AGENDA REQUEST ITEM NO. ~ DATE: Ju~, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: d1fMd~~ . ichael Powley, P. E. County Engineer SUBJECT: Professional Engineering Services for Stormwater Management - Work Authorization No. 2 with Bowyer, Singleton & Associates, Inc. _ Culvert Replacement at Sunrise Boulevard (Edwards Road to Bell Avenue) and North St. Lucie River Water Control District (NSLRWCD) Canal 10. Funds will be reallocated from the Whiteway Dairy Road at 5 Mile Creek culvert project. BACKGROUND: The NSLRWCD Canal 1 0 crossing at Sunrise Boulevard is a 60" pipe that is in need of replacement. The attached proposal from Bowyer, Singleton & Associates, Inc., outlines the engineering services for the culvert replacement at Sunrise Boulevard, and includes design, survey and subsurface investigation. This will be Work Authorization NO.2 in the amount of $31,378. FUNDS AVAIL.: Funds will be made available in 101003-41131-563005-43017 Transportation Trust Local Option Culverts. PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends Board approve Work Authorization No. 2 with Bowyer, Singleton & Associates, Inc,. for the Culvert Replacement at Sunrise Boulevard and Canal 10 in the amount of $31,378, the reallocation of funds from the Whiteway Dairy Road at 5 Mile Creek culvert project, and authorize the Chairman to sign. COMMISSION ACTION: ""] APPROVED [ ] DENIED f] OTHER: Approved 5-0 CONCURRENCE: {x]Originating Dept. Public Works sunrise blvd. Wa2bowyer.ag.doc ~ (x]County Attorney ~ (x]Co. Eng ( ]Purchasing Mgr._ (x]Fiscal Coord. fA't1 ,~ , '- "'" EXHIBIT "A" SCOPE OF WORK Article I Proiect Description The COUNTY hereby retains the ENGINEER to furnish Engineering Services for the following development: 1. Culvert Replacement - Sunrise Boulevard. - South of Edwards Road and North of Bell Avenue including design survey and subsurface investigations. The above described services and improvements are hereinafter called the PROJECT. Article" Services bv Enaineer The consulting services that the ENGINEER shall furnish to the COUNTY under this Work Authorization shall include: Task 1- Culvert Replacement Preparation ENGINEER will perform the engineering design, analysis and plans preparation necessary for the project. Project includes the following areas: · Concrete pipe culvert to be located at centerline of existing culvert with 70-80' roadway right-of-way. · Subsurface Investigation, as described herein. · Design Survey, as described herein. The plans will be prepared based on conversations, COUNTY's preferences and ENGINEER's judgment. · Temporary - Road closure with two-week duration and determine route signing by plan note. /7" r · . '-' .....,1 Task 11- Biddinq Assistance ENGINEER will prepare Bid Tabulations Section 300 as necessary to assist the COUNTY with bidding the project. ENGINEER will attend a pre-bid meeting as scheduled by the COUNTY. Final Deliverables ENGINEER will provide the following final deliverables for this phase of the project: . Construction Plans - 11" x 17" Bond Paper ~ 8 sets at the 100% Submittal ~ 1 set of Final Plans (looseleaf for reproduction) ~ 2 sets of Final Plans (Signed and Sealed) . Bidding Documents (Section 300) - 8%" x 11" Bond Paper ~ 1 sets at Final Submittal ~ 1 set with Final Plans (looseleaf for reproduction) ~ Microsoft Word digital file of documents Article III County's Responsibilities The COUNTY's responsibilities include the following: Coordinate the COUNTY requirements for the PROJECT with the ENGINEER. Article IV Compensation and Payments to the Engineer A. Payment for Basic Services The COUNTY will pay the ENGINEER a lump sum of THIRTY ONE THOUSAND THREE HUNDRED SEVENTY EIGHT DOLLARS ($31,378.00) for the Services. 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BACKGROUND: To solicit bidders for Disposal of Scrap Metal. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Invitation for Bid for Disposal of Scrap Metal. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) OTHER ( ) DENIED Coord ination/Sianatures "- Approved 5-0 TRATOR County Attorney ( X) ~/ yl Mgt & Budget ( ) Other ( ) Purchasing (X) .;:-...~. ~/' «-6/ / Originating Dept ( ) Other ( ) Finance: (check for copy, only if applicable)_ ';- . "" PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 04-068 FROM: Ed Parker Purchasing Director Leo J. Cordeiro ø Solid Waste Manager~ TO: DATE: June 3, 2004 RE: Bid for Disposal of Scrap Metal Attached are the specifications for disposal of scrap metal at the Baling and Recycling Facility. Please take the necessary steps to bid this item. The current Contract expires September 30,2004. Thank you. LJC:dls Attachment C: Don West, Public Works Director ·"c·.... ~ _" ~ .' I - -. . .- - -- '-..~;; . ~ -- , .. Lv '" '--' ...".¡ SPECIFICATIONS FOR DISPOSAL OF SCRAP METAL AT THE ST. LUCIE COUNTY BALING AND RECYCLING FACILITY INTENT St. Lucie County is soliciting bids for the removal of scrap metal and discarded appliances from the St. Lucie County Baling & Recycling Facility and to be sold as a recyclable. SPECIFICATIONS 1. St. Lucie County will establish a separate site at the Baling Facility for the collection and storage of scrap metal and appliances. 2. The Contractor1s vehicle shall weight empty upon entering the Baling Facility on the Baling Facility scales. The same vehicle when loaded shall weigh upon leaving the Baling Facility. The net weight shall be the weight of material removed and sold as a recyclable. 3. The Contractor shall provide the necessary equipment, vehicles and personnel for the removal of scrap metal and appliances from the Baling Facility. 4. The Contractor shall remove scrap metal and appliances at a minimum of every 4 months. 5. Payment to the County for the material removed from the Baling Facility shall be made within 20 days after the date of the removal of the material. 6. The term of the Contract shall be from October 1, 2004 through September 30, 2009, with one three (3) year extension at the same terms and conditions by mutual agreement. 7. The successful bidder has total responsibility for the operation and maintenance of Contractor's equipment and vehicles owned or leased while on County property. While at the Baling Facility, the Contractor and/or all of his employees shall abide by the rules and regulations governing the operation of the Baling Facility. 8. The price shall be a percentage of the Number 2 Bundle Price based on the Birmingham Market and shall include collection and transportation of materials from the St. Lucie County Baling and ~ '-" ~ Recycling Facility located at 6120 Glades Cut-Off Road, Fort Pierce, Florida, to the Contractor1s designated site. 9. Contractor shall process all materials (including refrigerants) within Federal, State, local and the Solid Waste Section guidelines. Any proposed regulations that are adopted by the Regulatory agencies that are more restrictive than this document shall be incorporated into this Contract. 10. Contractor, at his or her own expense, shall market and sell or remove the materials generated by the Baling Facility in a manner that St. Lucie County will receive recycling credits. THE AMOUNT TO BE PAID TO THE ST. LUCIE COUNTY BALING AND RECYCLING FACILITY BY THE CONTRACTOR WILL BE BASED ON PERCENT OF THE NUMBER 2 BUNDLE PRICE BASED ON THE BIRMINGHAM MARKET AT THE TIME MATERIALS ARE REMOVED FROM THE ST. LUCIE COUNTY LANDFILL. t ."WI ITEM NO. C- 4B DATE: 6/22/04 AGENDA REQUEST REGULAR () PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and sole source declaration for service and purchase of parts for certain County Equipment. This is for the Public Works Department, Solid Waste Division, and Central Service Department, Service Garage. BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to Flagler Construction Equipment formerly known as L.B. Smith. Flagler Construction Equipment has recently purchased L.B. Smith and now is the sole provider of Volvo heavy equipment service and parts in this region. FUNDS AVAilABLE: N/A PREVIOUS ACTION: On September 23, 2003, Agenda C9B, the Board of County Commissioners approved a bid waiver and sole source for L.B. Smith as a sole provider for Volvo heavy equipment service and parts. RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration of Volvo heavy equipment parts and services to Flagler Construction Equipment. COMMISSION ACTION: CONCURRENCE: Dc] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney:(X) C}1 1- / .,¿ Coordi nation/Siç¡natures Mgt. & Budget:;(" I _~ ,/''7 Purchasing Mgr.:(X) &/ . Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) · -, \.- BOARD OF COUNTY COMMISSIONERS ;/ '.J To: "'wI PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM Ed Parker, Purchasing Director From: Desiree Cimino, Buyer Date: June 9, 2004 Re: Sole Source ************************************************************************************************************* On June 7,2004, I was contacted by the Finance Department and the Central Services-Garage, that L.B. Smith has recently been purchased by Flagler Construction Equipment. L.B. Smith was declared the sole source provider for parts and service for the County's Volvo heavy equipment on September 23, 2003, agenda C9B. I believe we need go back to the Board of County Commissioners and ask for approval of a declaration of Sole Source for Flagler Construction Equipment for parts and service as the sole provider of parts and service on the Volvo heavy equipment. JOHN D. BRUHN, District No.1. DOUG COWARD, District No.2. PAULA. A. LEWIS, District No.3. FRANNIE HUTCHINSON, District No.4. CLIFF BARNES, District No.5 COUNTY ADMINISTRATOR - DOUGLA.S M. ANDERSON 2300 VIRGINIA AVENUE. FORT PIERCE, FL 34982-5652 . (772)-462-1700. FAX (772) 462-1294 ...., ITEM NO. C-9b DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasing Ed Parker. Purchasinq Director SUBJECT: Bid Waiver and sole source declaration for service and purchase of parts for certain County Equipment. This is for the Public Works Department, Solid Waste Division and Central Service Department, Service Garage. BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to Kelly Tractor for Caterpillar parts and service, L.B. Smith for Volvo and Samsung parts and service, Sierra International Machinery, LLC for MacPress balers and conveyors parts and service, Menzi USA for Menzi Muck parts and services and Great Southern Equipment for Gradall parts and services. Each of the vendors have protected territories from each manufacturer. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Oct 12,1999 BOCC approved bid waiver and sole source. Sept. 26, 2000 BOCC approved bid waiver and sole source. Oct 9, 2001 BOCC approved bid waiver and sole source. Oct 8,20022001 BOCC approved bid waiver and sole source. RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the parts and services to Kelly Tractor for Caterpillar, L.B. Smith for Volvo and Samsung, Sierra International Machinery, LLC for MacPress balers and conveyors, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator County Attorney:(X) Coordination/Signatures Mgt & Budget:;(x) Purchasing Mgr.:(X) Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) r . ITE~O. C-4C DATE: 6/22/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Permission to issue an Invitation to Bid for the sale of two (2) Surplus copiers and an Amplifier System. BACKGROUND: Staff requests permission to issue an Invitation to Bid for the sale of two (2) surplus copiers, a Savin 9550 (PR# 403548) and a Canon C6080 (PR# 403557) and an Amplifier System. These copiers were removed from the County's Fixed Asset Inventory on June 8,2004, Agenda C7B. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the permission to issue an Invitation to Bid for the sale of two (2) surplus copiers, a Savin 9550 (PR# 403548) and a Canon C6080 (PR# 403557) and an Amplifier System. COMMISSION ACTION: CONCURRENCE: ~) APPROVED ( ) OTHER ( ) DENIED Approved 5-0 County Attorney ( ) ;.9d Coord ination/S iq natu res h N STRATOR Originating Dept. ( ) Mgt. & Budget ( ) Other ( ) Purchasing (X) d~ Other ( ) finance: (check for copy, only if applicable)_ - - ....- ..-- ,--- . , . . '-' ..", ITEM NO. C78 DATE: 6/8/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker, Purchasinq Director PREVIOUS ACTION: N/A "I I il i!1 i ¡¡ ¡i¡ ,H Ii ill Iii II! ! :1 I, ii Ii SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: Please see the attached Property Disposition forms from various St. Lucie County Departments with regard to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAilABLE: N/A RECOMMENDATION: That the Board authorize Staff to remove the above records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator Coordination/Signatures County Attorney: ( X) ~~/ Mgt. & Budget: P"""";09 D;c.' IX) <'9/ Other: Originating Dept: Other: Finance: (Check for Copy only, if Applicable) -. , ~ " - '-' -~ . ' ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: May 27, 2004 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: St. Lucie Co. soee - OMS, Roger Poitras Annex, 2nd floor. RPMANG 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 403548 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: Photocopier 8. MAKE: Savin 9. MODEL NUMBER: 10. SERIAL NUMBER: 9550 2864100096 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC: Surplus ~~ (DEPA TMENT HEAD ÓR AUTHORIZED PERSON) ~ c/~ ª ~_ - ..~.;"',,"' ,- s-;; _-.:! _....v. .~. '.....,' rv ¡ '~ 001 f:--: .-.';'" , ¡ -- ~-~. ....-,. -. - ."- c! ............ "-"" '»"'- !'-...) :""""7'-, THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPGBED'OF~F -' - . TRANSFERRED FROM ONE DEPT. TO ANOTHER. -', .J::: --' A WHEN PURCHASING AND ITEM, FILL THIS 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 ASSEST RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. '-' "'WJI ST. LUCIE COUNTY PURCHASING DEPARTMENT , REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE 0~/¿).cj 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # br7J.-ú)'--fh ít7a1~!n;1~ LOCATION CODE ŒÞftiJ¡v¡ 0 PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRlNG TO (IF J/tP 3.:ss-7 TRANSFERRING 3. 4. 5. 6. 7. OR DISPOSING OF) 8. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) . .., r-..J '.=-: ~ 9. /jI , ÚJ~--- r- := .~ £1 :.~::' DESCRIPTION OF PROPERTY MAKE ~J1 órz MODEL NUMBER L t-ó g 0 -- ~ ú''P -# 4£.3¿;"'/ G. .. - ""::-~ ....-.... 10. > 'V', .~_,.., ',,/~' j . . ~.,,',.'" ~',...' , i" :,:=:; ~!".,. "'''''''''. .-~., ¡.,....--. . 11. ~...- . :;~ 4? ........w" .~" i"''' 12. SERIAL NUMBER IV ¡:::.::r tS?3ó (.ø :.2... ...< "-0 13.. ~ETHOD OF DISPOSAL (IF DISPOSIN~ OF: JUNK,~~OLD, TRADED, ETC. " /?1t4~czn~ a-cr~ ¿?--VP;¿d-!~u .. & ~A.s '75 Y&/J~ //lêIt]d~ d~ (D~~ORIZ~DPERSON) TillS FO~ /0 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, 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:PROPER1Y DISPOSITION -~ "fJ ITEM NO. C-4D DATE: 6/22/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Permission to advertise Invitation for Bid for Signal Maintenance and Master Construction Contract. BACKGROUND: To solicit bidders for Signal Maintenance and Master Construction Contract. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Invitation for Bid for Signal Maintenance and Master Construction Contract. COMMISSION ACTION: CONCURRENCE: {)Ø APPROVED ( ) OTHER ( ) DENIED Approved 5-0 o C Coordination/Sia natures County Attorney ( X) Originating Dept. ( ) ~ !,.. Mgt. & Budget ( ) Other ( ) Purchasing (X) 6// Other ( ) Finance: (check for copy, only if applicable) _ " , '-' ....", PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM TO: Edward Parker, Purchasing Director J. Scott Herring, Road & Bridge Manage~ Ann Amandro, Traffic Operations Supervisor {)().., VIA: FROM: DATE: June 9, 2004 SUBJECT: Signal Maintenance and Master Construction Contract Our present Signal Maintenance Contract expires September 27,2004, therefore, we have prepared a new contract, with changes, to go out for bid. Enclosed is an original and copy of the new Signal Maintenance and Master Construction Contract. It is a two year contract with an option for a third year. The contract was reviewed by the County Attorney's office and we have made all the necessary changes. It is my understanding that your office will prepare the agenda for the permission to advertise and also take care of the necessary bid forms that need to be attached to the contract. If you have any questions or need any additional information please do not hesitate to contact me at 2848. AMAlsb Attachments cc: Gene Snedeker, Traffic Systems Analyst Melissa Simberlund, Contract Coordinator ? ....,¡ ITEM NO. C-4E DATE: June 22, 2004 AGENDA REQUEST REGULAR () PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Request of the Supervisor of Elections to install Signage to include: the building, entrance sign to the Complex, and on the entrance window/door. Also blinds for the windows. BACKGROUND: The Board approved a lease agreement for office space for the Supervisor of Elections in January 2003. Funds were approved in June 2003 to cover the cost of the move and for any items associated with the move. Funds were allocated at $226,200. FUNDS AVAILABLE: Funds a('~ ! available in 316-1910-563000-1000 -'J11prOVe1nen!5 ð!Áer- -I/JQ 1'7 ðu ,lei êJ' PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the purchase of the Signage from Sign Connection in the amount $14,245.00 and the Blinds from Astro Vertical Blinds in the amount of $895.72 COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) OTHER ( ) DENIED Approved 5-0 County Attorney ( X ) iJ<t Coord ination/S iq natures Mgt. & Budget (X) Z/IL) in! 'nb Other ( ) Purchasing (X) 6/r Originating Dept. ( ) Other ( ) finance: (check for copy, only if applicable) _ ---- - (:) ~ ~ ~ II ,..J ~ Gq "-.¡ d u '."J ~ ~ ~ Q ~ ~ ii ,ç..:' "'::':C,,~ J:~-\ .~ -';';..''';..) ;:>.NMo:t :¡:L()OO ::t:~~~ _MMM f!..Jr-.r-- C1)LLC:OC:O -0 ~-- C1)C1)C\lN LL ·õ r-- r-- . .. r-- r-- (J)....-- ..J >< M~ ca r::.(J) LL c:o.... ... o Q. cu N CU - a. E - cu Do 'J '. " ,..: '... ~; , " --. ..: .."':1 '. 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Village Greev Drive Port St. Lucie, R 34952 (56J)335~2441 (561)335-0955 ---.----¡ . .~------¡ NAME/ADDRESS GERTRUDE \VALKER SU'PER VISOR OF ELECTION~ 2300 YIRGtMAAVE. Ft. .~1IERCE FL 34982 I ___.--J I ... . DESC~~TION ___ 1.9" MOLDED PLAs'I'IC LETTERS TO READ ( ST. LUCJE CO~'lY SUPERVISOR OF ELECTIONS OFFICES SIGN CONNECTION ~ qTY I -L. D:.~1r-£ r\ .\ ð¿ Ger-k'rJ' w)}.¡'DOW LEll.tRlNG ON WINDOW A.I NEW LœATION Salc::¡Tax I I T~_! AL SIGNATURE PÞGE 0l Estimate DATE ESTIMAïE# I )J27!2\X';4 294 COST TERMSI I TOT PoL I 1,420.00 1,420.00 225.00 650%1 I 225.00 a. ()() I I I i 1. S 1,645.00 :JLI L (( LU:';~ ":J,+ :Jbl.j,j~t::rj:;:J '-' " SIGN CONNECTION~ PAGE E'l ., . \ . N -c :<. ~ ~ ~ ...~ ..... -. /I("j . ..... . .- \ 0 .., (J) fE CC w ~ ~ f:2 W \ .J IJ..J .' \ l:) -J ~ ~ ~i -1 LL.O ..J ¿. ~G 2 W 0 \ ~~ 4 as ..... u ....1 <.) Z 0 ....1 Š;~ I.:... ~ ~ ~ ~ E1 Z (f) 3: s: ~ ~ <t ::J ~-- ð ~ ð Ll.J LU I z\1 ~ --.J \ ,...,.. ~ ::> :; 0 -J ;J W . C Z 1'\ - / I.¡¡ en J 0 ;) ".-.. ,. --.,.,.',,,.-- ..- J: ~ .. W <¡ I t 2 u - z ~i tf5 ~ ~ ~ <:( U Ç::¡ u ~ '2. ~ G ~ · -l Lw I.fì<i (I) CI) Z ~ <t c,n 0 . ..- ~ CI) ~ ù) ~ :5 t.;) ~L/L((L~D~ ' ~q '-'- :JoL335BSS:5 SIGN CONNECTIOi'~...., PAGë 02 S.îgr; Connection Inc. Estimate 1630 S.E. Vmage Green Drive Port St. Lucie) FL 34952 (56J)335.2441 (561)335-0955 DATE ESTIMATE 11: 21.2712004 293 I NAME / ADORESS -.----------¡ I ---.-------.----.-- GERTRUDE WALKER su::PER V¡SOR OF ELECTIONS 2300 VIRGTh1J:A AYE. H. .PIERCE f.L 34982 DE$CRIPTION TERMS I I I QTY COST TOTAL I -.'--- -- I uc:œ 11,600.00 )2,600.00 650%1 0.00 I I -.. -. ----.-----..------------.. 36"X 3D" NEON CHANl'ŒL LEITERS TO READ (ST L coW.(ì:'· SUPER VISOR OF ELECTI01\TS) OPTIONl Sales Tax I TOTAL S12,600.00 50% DPPOSIT REQUIRED SIGNATURE . . ~ ~L/L(/L~ú~ t'· 4 '-' :JD1.j,j:JrJ':;:J~ ~.U:¡N GUNN!::.C 11UN ...." P.AGë 0,5 L / r; µ 7- e'/:;; .L.. E (r- E rz J) '12,'°0 36"~U [LlUJ(Ç;~[g ©(Q)[!JJrMuW ~QJJ~~~W~@(Q)~ (Q)[F ~[L[g(Ç;IT~(Q)[NJ~ 70/1 @U [b(UJ(Ç~~ (Ç(Q)QJJLMITW ~QJJ[FJ~[fJWD~©~ (Q)[F ~[L~(ÇlJ~©rM ~f/ /!,~t<¡ 30 @lJ [LM(ÇD~ ©@[UJ~uW 7J. ~ ~[!JJ~~~~~(Q)~ ©[F ~[Lg(ÇU~©[N]~ r,ç;-92 @U W~~~ ©@[UJmw Ð ~~[?)~~WD~@~ (Q)~ ~[L~~~@~ 2-vJ! /;¿,c¡....¡D r:;""'\ b . // /rOOP........$-.5.J -: pr6. IS> 0 /5 04/29/2004 B1: 551337B805 '-' DESIGN A SIGN PAGE EJl ...., Design A Sígn, Inc.· 10235 S.E. Lennard Road Port st. Lucie, FL 34952 772-337 -4020 772-337 ~0806 fax Estimate ..........._ ---.... . ..... j.. .---. . ....:.. ..--. ·1 DATE ESTJMATE# .,,,--. .....,,'.....-..... -",. ~ 4/28/2004 , 3133 . ._,'t,·-~·'-"""·· --.., ..". ..--.,.' [.·..NAM~!._~~~~.~~·.· . ....._._~..~~=:~~-_.- .. __.~.:~~=~..._... .... ...! ¡ St Lucie County Supervisor of Elections I I Attn: Annie I Ms. W¡¡lker I I I i____."...... . . ... ._.._~_,.."_,,. . . __....._~.._.......... . ........_,.1 r---··--·..······· .-._-_.._,~..----'''....''... ..-.....-.--.---...-... .... I DESCRIPTION ILërter:¡ñà··~~·"iãrgë piate·gíä-~~·";indow nè-xt-t~-··· doors at new location in Orange Blossom Mall ,.......--..,..-.-.. . ., ......,....--.., r-·············'··-· :. PROJECT \.. .........--. ...---- ... r·---·...·-·· ......-.. RATE i TOTA~ aTY 1 235,00 ._....,,~...,.__..., .... 235.00T ........--....,.. .. ...,. .---.-.... .,.. ,...".......-.--...-. g" Molded Plastic letters to be installed on ! both sides of mall entrance wall at west end to I read: 1 1,470.00 1 ,470.00T I 81. Lucie County Suparvisor of Elections , Offices Internally Illuminated Neon Channel letters mounted to wall 1 I 14,100.00 14,100.00T 81. LUCIE COUNTY (30") I SUPERVISOR OF ELECTIONS (36") ,Permitting fees additionalif req~¡red. I !. .~_~__.. ...._,._. . ._,-- ... t.--, ....._.~ L- ,__.O~~._l- .._~_OO, To proceed with this work, please sign estimate and fax it back to us, A 50% deposit wíll be req'd. TOTAL $15,805.00 L... . .....--,.-.....-.-...... ..--.--~..---_. , w.~.__...""'_~-_·~,·" ...._._.,-_._~._" . .,-...--.- .. ... -_.....\ .,...---. . ...".". '~'-'" , ....... ,,'--'" SIGNATURE ~'-' ,....., L.. L U 1"'1 ~ ~ I t::: ~ S 1 L.. N S 4642 1 57....,., _.._.__~.._..h___ _ _ ~-=--~_~._ /N!:l!BI] To RSGrdo" 1·aoo,.~3-".,.3ðO or ~.nabs.;;om ~ ~ ~ ,-" r-AOD(,.JGï 118 ,'Ç-'---:-.....=::==..~;:;-==:;.~. , [Page No. of PaC1Ç,~ -..:;..-=- rOµOr.'(':t - '-;'--- ---M____ ._____._". I> . ¡¡: '. --". ----:._-___ _ GLOMASTER SIGN CO., INC. 3416 Industrial 31st Street FORT PIERCE. FLORIDA 34946 (772) 464-0718 Fax (772) 464-2157 :":0PÖS-;¡L~[3MlïTi~-'---' IP¡¡-¿Ñe ..-----. --SUEEEV r.s.o...¡:LOE-ELEï.(''T' TONB--l_ ;s::~___ . __.__.__ JOBNAME :; 1'< $7.o,IE aod ZIP coo!': JQB LOCAilON '-IDÄ~E-- ---.- sJ.liJ...D.A.-__ ...-----.....-. .-..____..E..T ..-RIEB.CE...r-.E.L---.. .\HCJiiiEGT ! DA. Tc OF PLAhJS I .. .-.--......-----........----.-....---.......... , ...-~-....._-..'--....,.. .. ..---ršP~=·~-- w. hereby submr\ spcclnca!icns allC ge\rmates for: ".-..~~!;... ,~····'..,~::-,....·;'<',-····-1>..'- ..1'1.....,:;.., " FUR.NISH ·AND INS-TALL l - SET···OF REVERSE CHANNEL LETTER.S 30n &24" WTTH·OOUBhE·.·.STR,OKE NEÜ{\1 INSTI.:JE AND··CLEAR ·PLASTXC . ·F:'II,CES·.QN··.BAGK SIDE TO PREVEN'r BIRDS. FR0/1 GETING INSIDE... . MU$'l' HAVE· ACBSS·· BEHIND WALL·...··Þ.NY·NEW ELECTRIC BY OTHERS. I: . .COP.Y.~.-S.uBERVT.sOR OF ELECT.TONS $141600.00. 190,00· ¡; :¡ :: " q ·..-ENGXNEJERING-..··· . ",.... ~ ." ..- .. . n' ....__._..... ... $H,790·.00 TAX 961 ·..35 ", $15,751·.··35 :1 . TERMS.~.._.J /.2. .DQ.Wr~ $.7 8 7 5 " 6 B. i " " I, :: .. !/ ..f?}I,l.i.;~{ç.~.. t.!.PQJ'I C;OMPLE·l'IO~ $7875..6.7 Þ..LU.S COS'¡' OF PERMIT ,. ~ ..,...... i' ,. llir pr D¡J115r hereby to furnish lTIateria.l and labor - complete in acçordance with above specifications, lor the SLIm oí ro._____.___ PC!.y'men~ iO ba made as fOnOw$: dollar~ ($ -t-5,.1~-.~- ! ----.,.-----,- Z\S ~Eº- An ma.terial is gU?lrant::ed to be e!,i Specif1a:::L A.J! work \0 be- Domple\8d in a W(ltk,lTJanliks "tèanner .a.çcording 10 .s:lZ\f1ciard pr~cliCQ:S. Any <Bre.lion Of deyia:~ion Irom above specifications ,"vglving !.tr<l QOª¡õ Will b~ axecute~ only ~PO" wrll!~n Ordars, anC will beoon\e an ð"JrS charge DVe.!' o,r.cf abovao \he Ga!lm~te. .AII 8Q(æQr;")anta contingent !,Jpon :strIke!, ~coidBnl8 or di:!;:\ys beyond our con\roJ. Owner t6 l:B.fiY firQ¡ !orna.do a.nd other r¡e09S58!)' InsurGnce. Our work.er's a!'~ ~L..\l\y cover&d by Worl,/TIanlg C"mptmS.3.tIQfI Insurançg. };--- . ../ .Î\l'cq1tunre of ~rl1po~ç¡ [- T~e abovB prices, specifi~ations \\ and ~onditicns ~Te 5õtisfac.tor)J 2nd ¡;ire here·by aCC:~p~~d, 'rbu tre Clu1horized ~c do the work çS spe.dfied. Payment wilt D'o! mçde as outlined ·above. ,., .. u2.ì'S~) -----'--\,<, Signature _. -- "-..--- Oats o~ P,cce:p1anC:r: .---- Slgr,alwré "--'~'---""-- ._-~. . -:"-.__._...-'-~-----:::;:-=..----- -.--.-- .,,-_.. ___·__n_...__ -"'.-..- F1 U '-' GLOMASTERS I GNS 4642151-'!1.,,"'- _ ._n.. I!\emf;ï 10 R&:Jrdsr: 1-8DO-~ orwww.~.com r' ,-.., .-~ .,,-,~ P.03 ,-. ~ P¡~OD{ ICT 118 þ.C· ,'i' " 'rap a øu I =-~a~_~._-;;c-;f _"=:::.B.'; GLOMASTER SIGN CO., INC. 3416 Industrial 31st Street FORT PIERCE, FLORIDA 34946 (772) 464-0718 FaJ (772) 464-;n 57 "ROPOSAL SUß;·11'rTED TO I FHON~ ~ . St1.l2.EKI/J$OR...--O~E:('ECTI ON'£--'r ,;rRtEr JOB NAME .------'---.- ':rrv STATP ind ZIP DODE ,. JOB LOOATION ;1 ~"TE .~'-_.,,- '--5/4-?rtfJ-4--_.. .------....----......--. ,r ._, :' )â~CHrTSCT I DAT!" OF PLANS I JOB PHON5 :! ,."..~- - , :1 Ii 1\ d .¡ w~ Mraby oul;>mll sp"'cinçation~ and e~\ima!GS jor: LETTER \iHNDOWS & DOORivITH HRS. & NAME·S ·$2 5·0h~··O e..··· :1 " " ·1 I. :1 II ¡I II I' d ¡¡ Ii I ~ Ii II :; I. . .........".,...,.,,,,...... .." .......'............." ......"."..............."....... .. ................- ... .-.,... ......,.. ... .. . ....-..".", ". -... .. ..., -........ . ....., ...-~.." " 'II... . ... .... ~..., ~ .-.. .~, . ,..,..... t· ........,... .....,... .. " "..-.., ......... ..-.-..... "."... .~, ....- ...,... . ..-'h"""'" .....", 1 I: Ii " 1 .1 '1 :1 'I I, :1 if i[ !\ ....,..-------..,,-......~-- II Ii It ",..' ................ ,'" ........"...... - '..".......,.. ............ " .., ·......"·.."'.1."..·,,.....,,.. ..... ........."....... , ...." .~. ...... .. ......".......... ..-...,....,'.,.,............... ..... .".... ........ø·_h." Rh· propose j .. . ii hereby to furnish meJerial and labor - oomplete in accordance with above speoifioations, for the sum of; J. II ,. doll:¡¡rs($~___,_.._). j¡ .1 ----j! -~'-"-··I; I: !: "-'1\ II dav.s_ ;: . ,.;:;:/ ...#....~.>, ···PayrCJ~n\ 10 be mada ~~ follows: i¡ ~ I . ,¡.. "- A~thoriZGd 'II. J-'"'.......b- Signa1urS·· ·-·--íf ·r-.... . Nott Ihis propQsal may be wit..~drawn by 'O'J7 no! acceptsd within A1~ malerlo!!l is gu.arantel?d \0 b8 as epec!f!~d. AU work \0 be oompleted ir. a workmanlike tnÍ\nrwr 8ccordlnQ 10 :,tandard pr~ctic6e. Any fllt~r~tion or Q'QvI.:ìtion ~ronl f\9Qv~ ~pt¡JcifiçaliQr)s bvolvi~Q e<t:~ COsts wlli b. e.~ecutõd only upon Wn1l5" crc!~rs. anQ will bacornõ an e,(\,ó. cha.rgs OV~( ðnc:! abo;,:e the O¡tiÏo\2t~. All 8Qr~Gmeí!ls cont!{'10snt upon stri!-;,Ç/S, ac::¡,.ísrÜ!. or d~¡,w~ Þoyona Ol;r conHoL Owner tv carry rJr~¡ tOl1lado a,rìd oth6r na~Ë$SC\i')' insuiance. ~:'. Ot.:r WD(~¢rs are fuUy çov13-fed by Workman's CQmpvnaat!on In5UranC€. ,.~;!".:;:.. u.· Ac('r:phmc£ of Wrúpo:zuI _ The above priC8S, 5D~cifi:ations ~nd conditions 8rt satisfactory e:nd ~re: here-by acc$"pted. You arc 2uthorïzed to do the work ê$ 5pecìfied. Payme-IH will b~ madf? ~s outiined above. 8jgna~:.J;~ ______",___. 0ð\~ 01 Acc!;ptaoce: Sign:::,ture ____........ .--------- ...-- . --,~.--.....-~-~-------_..__. ------:::=:--:--:--....,-.,.-:- ..~.._- .....--.-.--- ..------..-.--.-- r'"'.; r I ·-·...-··:.-:.-:,:î! ,; :'1 ¡; ,I ,I ! , , ·1\ , 'I L II ~ , " ;1 iJ " i~ ij I, II I, ¡¡ Ii .i: .' " I ji )1 Ii II ·1 Ii J '. ..... GLOMASTERSIGNS 46421~ P.133 Glomaster Sign Co., Inc. 3416lndustriar 31st St. Ft. Pierce, FI 34946 772-464-0718 PROPOSAL Number: E236 Date: May 10¡ 2004 ShIp To: , ORANGE BLOSSOM BUSIÑi~·ss CENTËR--.---.·. I FT.~œRCB' FL .___u______ _ . Bill To: ----n__.._______'--____ , HI.'________ SUPERV1S0R OF ELECTIONS FT. PIERCE, FL· PO Number I Terms I Customer :/I J~_~." " .~------,-,_.._-u'-·'_··C 1...._. s.m~~p'~_J ----I Project -- - ..-..---.-----.-----. ---'-- i Description Quantity Price/Rate Tax Amount ¡ ~ ... ---------. PYLQN SKi:NS ----" ...--..----- -.---.- ..-----.-.-. --. .. FURNISH AND INSTALL LETTERlNG ONE SET OF NON ILLUMINATED FOR...\1ED PLASTIC LETTERS fOR i EACH SIDE OF 2 SIGNS TO READ ¡ SU~ERYISOR OF ELECTIONS OFFICE : COLOR aLACK SIZES 12" ON FIRST : LETTERS 9" ON ALL OTHERS PER I . . . . i ~KF.TI.H ! " ¡ENGINEERING I 4.00 825.00 3,300.00 ! PËRMIT FEE , 1.00 2.00 190.00 150.00 190.00 300.00· ,COST IS PLUS TAX IF AÞPLlCABLE ACCEPTANCE SIGNATURE . . ._., . --....__0.- ..______________ _______.1____._n... . Sub-Total State Tax 6.50% on 0.00 Total $3, ï90.00 0.00 --- -.,..-- ----------,.... S3,790,OO -.þ...----...-"..''''. ,'" ~ 'wI1' ,'., I I .J "' I « u i "" - o 0: I "" "- j ~ I I I "" "' z \,! ;;;) æ 0: "' '" i I :1 ;;;) I I z I;; .J "' I I « U 0: "' "" - ì :I: o 0: I "' "" .. 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CfJ cðCfJ "' z "" CfJcðãj « 0 0 0: ~ 0 z ~ IOCfJ 8 "' "' "' ~ 0: ~ ~ II> :1 g . ~ ODD z 0 0 g 0 « 0: "' 0 ;;;) "' > « CJ CJ u. ;; ~ ,,~ '" I~ ~ ~ « .~ C ~"\ \ ...... ,~ '(' (f) y ~ ~ C .~' l~ '= m z '" ('. ~ ~ 0 , '\ ~'" z ~ ~ :;; ~ LL '" i· J ~ 0 u it N f- f-- ~ ~ '" 1'\ J z ~ « 0 ~ .... ~ 0 c I~ "" ~ "- ~ " ~) \ \ I- I~ ~ ~ ) \ <C ~ ~ \ ~ ..J ~ ':;: ~ ..... ~ ~ ~ ~ ~ ~ .<;;:) ~ ~ ~ :J ~ .~ m ~ ~ ~ ~ <C i u I- ~ ~ ~ ::> Ö ): ~ .. " õ ~ z I c ~ '" ž '" " ::! ~ Z ::! 0 :.J!!L.- 0 a I;! '" . ::¡¡ . ~ 0: Ë ~ ~ ~ L i: « U' '" , Co ::¡¡ Q c: ... /.- ....,; ITEM NO. C-4F DATE: 6/22/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: First amendment to Contract No. C03-09-573 with Tony's Tree Service, Inc. BACKGROUND: On September 16, 2003 the Board of County Commissioners approved a Bid Waiver and Piggyback Martin County A nnual A greement for Removal of Trees, Tree Stumps and Tree Trimming. Bid # AIR 03-284 with Tony's Tree Service, Inc. as the primary vendor. Staff is now requesting approval to exercise the first one-year option to extend the terms of the contract through and including July 31,2005. FUNDS AVAILABLE: Account No. 101002-41124-563000-43017 Improvements Other Then Buildings. PREVIOUS ACTION: On September 16,2003 the Board of County Commissioners approved a Bid Waiver a nd Piggyback Martin County A nnual A greement for Removal 0 f Trees, Tree Stumps and Tree Trimming. Bid # AIR 03-284 with Tony's Tree Service, Inc. as the primary vendor. RECOMMENDATION: Staff recommends approval of the first amendment to contract C03-09-573 with Tony's Tree Service, Inc. as the primary vendor and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 Coordination/Siqnatu res k County Attorney:(X) 9z .. r-ld: Mgt. & Budget ( , //' Purchasing Mgr.:(X) G? /" Originating Dept:: Other: Other: Finance: (Check for Copy only, if Applicable) / . '-' '-II FIRST AMENDMENT TO SEPTEMBER 16, 2003 AGREEMENT THIS FIRST AMENDMENT, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and TONY'S TREE SERVICE, INC., a Florida corporation, or its successors1 executors1 administrators, and assigns1 (the "Contractor") in conjunction with an AGREEMENT between the MARTIN COUNTY and TONY'S TREE SERVICE, INC. for the removal of trees, tree stumps and tree trimming WHEREAS, on September 16, 2003 the parties entered into an Agreement for the removal of trees, tree stumps and tree trimming; and, WHEREAS, the parties desire to amend the Agreement to exercise the first of the possible four (4) additional one-year terms. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 5. TERM shall be amended to read as follows: 5. TERM The term of this Agreement shall begin on September 16, 2003 above and continue through and including July 31, 2005. This Agreement can be extended for three (3) additional one-year terms upon the mutual agreement of all parties. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 \..t ..... WITNESSES: .."J APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY TONY'S TREE SERVICE, INC. BY: Print Name: Title: 2 ~ i> ..." ITEM NO. C-4G DATE: 6/22/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: First amendment to Contract No. C03-09-548 with Tri-Brothers Tree & Landscaping, Inc. BACKGROUND: On September 16, 2003 the Board of County Commissioners approved a Bid Waiver a nd Piggyback Martin County A nnual A greement for Removal 0 f Trees, Tree Stumps and Tree Trimming. Bid # AIR 03-284 with Tri-Brothers Tree & Landscaping, Inc. as the secondary vendor. Staff is now requesting approval to exercise the first one-year option to extend the terms of the contract through and including July 31, 2005. FUNDS AVAILABLE: Account No. 101002-41124-563000-43017 Improvements Other Then Buildings. PREVIOUS ACTION: On September 16, 2003 the Board of County Commissioners approved a Bid Waiver and Piggyback Martin County A nnual A greement for Removal 0 f Trees, Tree Stumps and Tree Trimming. Bid # AIR 03-284 with Tri-Brothers Tree & Landscaping, Inc. as the secondary vendor. RECOMMENDATION: Staff recommends approval of the first amendment to contract C03-09-548 with Tri-Brothers Tree & Landscaping, Inc. as the secondary vendor and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: 'ft 1 APPROVED [] DENIED T] OTHER: Approved 5-0 Coordi nation/SiQnatu res ~ County Attorney:(X) ~/ ¡ ','// µI. Mgt & Budget:(. ) Purchasing Mgr.:(X) ..¿- / /.' ( ,:;.:;;> .'. .r ~ v Originating Dept:: Other: Other: Finance: (Check for Copy only, if Applicable) '-" ...." FIRST AMENDMENT TO SEPTEMBER 16, 2003 AGREEMENT THIS FIRST AMENDMENT1 is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY1 a political subdivision of the State of Florida1 (the l1Countyl') and TRI-BROTHERS TREE & LANDSCAPING, INC., a Florida corporation, or its successors1 executors, administrators, and assigns1 (the "Contractor") in conjunction with an AGREEMENT between the MARTIN COUNTY and TRI-BROTHERS TREE & LANDSCAPING, INC. for the removal of trees1 tree stumps and tree trimming WHEREAS, on September 16, 2003 the parties entered into an Agreement for the removal of trees, tree stumps and tree trimming; and, WHEREAS, the parties desire to amend the Agreement to exercise the first of the possible four (4) additional one-year terms. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 5. TERM shall be amended to read as follows: 5. TERM The term of this Agreement shall begin on September 16, 2003 above and continue through and including July 31, 2005. This Agreement can be extended for three (3) additional one-year terms upon the mutual agreement of all parties. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 '-'" WITNESSES: 'twill APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY TRI-BROTHERS TREE & LANDSCAPING, INC. BY: Print Name: Title: 2 "'\, ...." ITEM NO. C- 4H DATE: 6/22/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Second amendment to Contract No. C02-02-298 with Port Consolidated, Inc. BACKGROUND: On February 2, 2002 the Board of County Commissioners approved, pursuant to The School District of St. Lucie County Bid No. 0202008, a contract for the purchase of gasoline and diesel fuel. The bid was issued by the School District on behalf of the participating agencies of the Treasure Coast Co-Op. Fuel prices are to be based upon the published weekly average of the Oil Price Information Services (OPIS) gross price. Staff is now requesting approval to exercise the second one-year option to extend the terms of the contract through and including June 30,2005. FUNDS AVAILABLE: In various Department Operating Budgets. PREVIOUS ACTION: On June 24, 2003 the Board of County Commissioners approved the first extension. RECOMMENDATION: Staff recommends approval of the second amendment to contract C02-02- 289 with Port Consolidated, Inc. and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: it] APPROVED [] DENIED r] OTHER: Approved 5-0 Coordination/S iQnatures " County Attorney:(X) J(" , Mgt. & Budget:( I Purchasing Mgr.:(X) /:// Cel tf Originating Dept:: Other: Other: Finance: (Check for Copy only, if Applicable) -. ; ~. '-'" ~ SECOND AMENDMENT TO FEBRUARY 26,2002 CONTRACT THIS SECOND AMENDMENT, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the l1County") and PORT CONSOLIDATED, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS1 on February 261 2002 the parties entered into a contract for the purchase of diesel and unleaded fuel pursuant to the terms and provisions of the Treasure Coast Co-op Fuel Bid and a contract between School District of St. Lucie County and Port Consolidated, Inc.; and, WHEREAS, on June 24, 2003 the parties executed the First Amendment to the Contract exercising the first of the three (3) possible one-year renewal options extending the terms of the Contract through and including June 30, 2004; and, WHEREAS, the parties desire to exercise the second of three (3) possible one-year renewal options. NOW, THEREFORE1 in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 1. TERM shall be amended to read as follows: 1. TERM The term of this Contract shall be from February 26, 2002 and continue through and including June 301 2005. Upon mutual agreement, the parties may extend the terms of the Contract for one (1) additional one (1) year term. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 -.. '-' WITNESSES: ...., APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY PORT CONSOLIDATED, INC. BY: Print Name: Title: 2 , ...,¡ ITEM NO. C-4I DATE: 6/22/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Second Extension to Bid #02-028, Purchase of Bailing Wire BACKGROUND: On January 16, 2002 the Board of County Commissioners approved the award of Bid #02-028, Purchasing of Bailing Wire through September 30, 2003. This bid was issued as a "Spot Market Purchase" request, which due to the volatile pricing of steel does not lock a vendor to a set price for the term of the contract. Awarded vendors would be requested to submit facsimile price quotations (Spot Market Pricing) for Bailing Wiring as needed by the Bailing Facility. Failure by the vendor to respond to two (2) consecutive requests for quotation will be cause for them to be removed for the remainder of the contract period. The bid allows for two (2) additional one-year terms. The Solid Waste Division is recommending the second extension of Bid #02-028, Purchase of Bailing Wire to Cavert Wire Company, Apex Pinnacle, and L&P Wire-Tie Systems. FUNDS AVAilABLE: Solid Operating Supplies Account No: 401-3410-552000-300 PREVIOUS ACTION: On September 23, 2003 the Board of County Commissioners approved the first extension. RECOMMENDATION: Staff recommends approval of the Second Extension to Bid #02-028, Purchase of Bailing Wire to Cavert Wire Company, Apex Pinnacle, and L&P Wire-Tie Systems. COMMISSION ACTION: CONCURRENCE: . fC) APPROVED ( ) OTHER ( ) DENIED Approved 5-0 ~ N STRATOR Coord ination/Sian atures County Attorney ( X) Originating Dept. ( ) ~ J 4f''- V~ Mgt. & Budget () Other ( ) Purchasing (X) LJ~ 011' Other ( ) finance: (check for copy, only if applicable) _ ~ :/..... ~ , \w, '...,. PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 04-071 TO: Melissa Simberlund Contracts Coordinator FROM: Leo J. Cordeiro Solid Waste Manager e DATE: June 8, 2004 RE: Second Extension to Bid #02-028 Purchase Baling Wire The Board approved the first one-year extension to Bid #02-028 September 23, 2003. At this time we would like to proceed with the second one-year extension to the bid. This extension would be for the three companies that have responded to request for quotes, L&P Wire, Cavert Wire and Apex Pinnacle. I have attached copies of the letters sent last September for your information. Please call if you have any questions. LJC:dls Attachment É3 ~-" - -,-~ --, . _ '_'W~ -..-.. -". --0 \,.... ... """" ITEM NO. C-4J DATE: 6/22/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Permission to advertise Invitation for Bid to Furnish and Install Sod. BACKGROUND: To solicit bidders to Furnish and Install Sod. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Invitation to Furnish and Install Sod. COMMISSION ACTION: CONCURRENCE: ~) APPROVED ( ) OTHER ( ) DENIED Approved 5-0 Coord ination/SiQnatures ~ N ISTRA TOR County Attorney ( X) Originating Dept ( ) ~.-- L ' '/ ~ Mgt & Budget ( ) Other ( ) Purchasing (X) ç¡f Other ( ) Finance: (check for copy, only if applicable) _ " ,.... \" \w ....",¿ Page 1 of 1 Edward Parker - New sod bids From: To: Date: Subject: CC: ....-.---.---.---..-..-- Dewey Hudman Edward Parker 6/15/2004 8:52 AM New sod bids Donald Pauley; Doreen Hernandez; Melissa Simberlund .-"-.- ---.---..---.-,-.---..--,.---.--.--------------.--.---~-------"-_._-"-'-'._._"----- Good morning Ed. As previously discussed, we would like to rebid the sod contracts. We are down to one sod company left of the original four contracts. The only changes that we would like to add to your original bid specs are: 1. The contractor is responsible for his Maintenance of Traffic plan per FDOT standards. There have been problems with not having signs or flagging. 2. We want the sod contractor to water the sod for a week after installation. Please proceed with the advertising of this contract. Let me know if you need anything else. Dewey file:1 IC :\Documents%20and%20Settings\ParkerE\Local%20Settings\ Temp\GW} 0000 1.RT... 6/15/2004 \..r AGENDA REQUEST """ ITEM NO. 5 DATE: June 22, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: CONTRACT CHANGE ORDER #3 TO CONTRACT #C03-06-452 ADMINISTRATION BUILDING ADDITION/BARTH CONSTRUCTION, INC. BACKGROUND: On June 24th, 2003 the Board of County Commissioners approved Contract No. C03-06-452 with Barth Construction for the Administration Building Addition. With an objective to make the building suitable to their needs, departments involved with occupying this office space requested modifications that would affect the first and second floor interior and a revision to existing plans (please see attached proposals). The cost for these interior modifications is $36,627.00; additional time requested by the contractor is ten (10) days. Staff is requesting approval to increase the contract amount by $36,627.00 and contract time an additional ten (10) days. FUNDS AVAIL: 310003-1930-562000-16008 (Buildings) PREVIOUS ACTION: On May 25, 2004, Item No. c-8a, the Board of County Commissioners approved Change Order #2/Contract #C03-06-452 with Barth Construction. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.3, to Contract No. C03-06-452/ Barth Construction, to increase the contract amount by $36,627.00 and contract time an additional ten (10) days for a completion date of November 28, 2004, and authorize the Chair to sign the Change Order as prepared by the County Attorney. MLSSION ACTION: n. APPROVED [] DENIED Approved 5-0 [ ] OTHER: CONCURRENCE: 01.- ,-g~;' County Attorne~ Originating Dept: ~ L~ Finance: (Check for Copy only, if Applicable) ~ Mgt. & Budget: Purchasing Mgr.: Other: Other: Eff. 1/97 H:\AGENDA\AGENDA-ADMIN-BARTH CO-3.DOC ...",,¡ General Contractor CGC007847 May 5, 2004 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates 65 Royal Palm Pointe Vero Beach, FI32960 Re: St. Lucie County Administration Addition Proposal Request # 4 First Floor Interior Modifications Paul, We are submitting herewith our costs for the first Floor Interior Modifications in the amount of, Nineteen Thousand Four Hundred Ninety and 00/100 Dollars ($19,490.00) and a time extension of 5 days. 1) The work is limited in scope to the attached subcontractor proposal. No permit costs have been included for these changes to the contract documents. Should you require any additional information, please feel free to contact me. Sincerely, Approved by: Approved by: Architect Owner Date: Date: cc: Ken Hall, SLC Central Services 1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (561) 778-3072 * Fax: (561) 770-3017 E-mail: info!aJ.barthconstruction.com · Internet: www.barthconstruction.com F:\Projects\SLC Admin. Addition\Proposal Requests\#4 First Floor Interior Modifications.doc t "T1 =;. ~ "T1 o o .... ::J ... CD .... õ' .... s: o c. 3i o Q) ... õ' ::J en o ~ > z (j) m 'tI ~ m ~ ~ > "U r. ;g ~ e š: enG)en e· e mPm -i,,-i OmO ~m~ r.@r. .... o * '-" "Uen ~~ ::um Oen r-i ~š< š<m m en '" z en c ::u -,....__.,.~ z o ro (/) a lco ¡CD --.J (J) '(}1 ~ (.oJ 'tv ~ ê5 1 I [!II::!J&>~"UO"T O ( <g=:...Si!2ii1m !:1.» -';::;'*~3(J) ¡;¡. 0 5' rð :J !L "T Is' 0 !!!. r.ëG)1}oiil lë~ à: 8~"'~ -'!lio- I/O 0 -i I Z _. 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INC. ~002 '-' .!!!m!. ~ General Conrractor CGC007847 May 5, 2004 Paul Dritenbas Edlund, Dritenbas. Binkley Architects & Associates 65 Royal Palm Pointe Vera Beach, FI 32960 Re: St. Lucie County Administration Addition Proposal Request # 5-Second Floor Interior Modificafi.~ns-REVISED Paul, We are submitting herewith our costs for the Second Floor In·tenor Modifications in the amount of, Seventeen Thousand One Hundred Thirty Seven and 0(11100 Dollars ($17,137.00) and a time extension of 5 days. 1) The work is limited in scope to the modifications of the first floor as indicated on the revised plans dated March 26"',2004 and SUbsequent sketches provided by EDB Architects. 2) The new enclosed area near the NW stair well is not included in this proposal. 3) This revised proposal includes the doors for the secretary rooms #2, 3 & 4 in the original position and deletion of the counter top in office #1. No permit costs have been included for these changes to the contract documents. Should you require any additional information, please feel free to contact me. Sincerely. I Ja~f)n Fyke~ ,/ Barth Construction Inc. ",.' Apprc,vw by: Approved by: An:hitçc:t. OWllcr Dnte: DAte:_ cc: Ken fhtll, sl.e CentTltI Services 1717 Indian River Bðul~vard * Suite 202^ * Vero Bench. Florida 3~:960 Phone: (~61) 778-3072 .. Fax: (561) 770-3017 e-mail: info@barlhconstruction.com · Internet: www.barthc:onstn~on.com F:\I'r~iects\SLC Admin. Addition\Propøsal RcqueSIS\#5 Second Floor Interior Modification!l.doc PS/20/04 THt! 07:50 FAX 561 7703017 Zj ~f ~ aJ .- - .,. '-' c o :¡::; lIS '1:1 C c: o :e ... - .!! c: 1 " c ~ c ä (.) .I! U) u . ::s I- ..J CI) ûS w új~5 ::!~w <tOO::: ZZ...J I-t-<t OOCf) ~~~ 000 a::: a::: a::: 0.. a. a.. Q w en :; w ~ ~ c o = . u I:: ;; o :i .. o o II. " c; o u ~ z o ~ 0:: CJ CJ) w o BARTH CONSTR. INC. 888888888888 ~~~~ªa§S~~~!ª~ g~v·", ",~.:I ') N~I~It!~ ~u ~..,rnrn~.,IIt.,.,IIt..1It 868888888888 -J~88gi~:;aIß~~8~ ~"""~"'oC')Q)t'o i¡ ~....~ 0.'" 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'& :E ... o .¡; !! c: o o ¡;¡: ~ c: o u II) UJ ~ CHANGE ORDEP ST. LUCIE COL\.., Y PROJECT: (name, address) Administration Building Addition "wi CHANGE ÖíÏiIlt"Ü_R: INITIATION DATE: 3 6-11-2004 TO (Contractor): Barth Construction, Inc. 1717 Indian River Blvd. Vero Beach, Fl. 32960 CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: C03-06-452 CONTRACT DATE: You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes No) Increase in Contract Sum in the amount of $36,627.00. Extend Contract Time by ten (10) days. This request is based upon construction modifications first and second floors. June 24, 2003 to the interior of the The original (Contract Sum) (Guaranteed Maximum Cost) was .......................... Net change by previous authorized Change orders ..................................... The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ....... The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) ~~~ ~5l~ by this Change Order ....................................................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be $ The Contract Time will be (increased) (~~ ~K~3~ by The Date of Substantial Completion as ôr1he date of this Change Order therefore is: $ 1,625,000.00 $ 40,068.00 $ 1,665,068.00 Funds Available: Account Number 310003-1930-562000-16008 36,627.00 1,701,695.00 ( 10) Days 'November 28, 2004 The 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 the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor wil1 waive all rights to file a claim on this Change Order after it is properly executed. All work performèd under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Central Services St. Lucie County Department 2300 Virginia Ave.,Ft. Pierce, Fl. Address Architect/Engineer Address By Agreed To: Barth Construction. Inc. Contractor 1717 Indian River Blvd.,Vero Bch.,FI. Address Date By Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By Approved as to Form and Correctness Date By Date County Attorney WHITE - VENDOR GOLDENROD - FINANCE GREEN - PURCHASING PINK - DEPARTMENT - '--' ....", AGENDA REQUEST ITEM NO. C-6 A DATE: June 22, 2004 REGULAR [ PUBLIC HEARING [ CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Adopt Budget Resolution 04-181 to accept donation from The Ginn Company for the Fairgrounds Arena BACKGROUND: The Board approved construction ofthe Fairgrounds Equestrian Arena using a budgeted amount of$750,000 and a donation ftom Bud Adams of $350,000. On April 30th, 2004, The Ginn Company agreed to purchase bucking chutes, roping chute and pens for the arena valued at $66,540.00. Staff recommends the Board approve Budget Resolution 04-181 to establish budget for the contribution ftom The Ginn Company for the Fairgrounds Arena project. FUNDS AVAILABLE: See attached Budget Resolution 04-181 PREVIOUS ACTION: March 16,2004 - the Board approved installing insulation to the roof of the arena and adding a surge protection system in the amount of $43,778.28. May 18,2004 - the Board approved Change Order #3 for the Fairgrounds Arena for an upgraded sprinkler system and for an emergency lighting switch. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution 04-181 to accept the contribution ftom The Ginn Company in the amount of $66,540 for the Fairgrounds Arena project. COMMISSION ACTION: CONCURRENCE: ~] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: x Jk. Coordination/Signatures Management & Budget: x t,4p f!!!fJ Purchasing: h Other: Parks x~ Originating Dept: . Public Works: Finance: (Check for Copy only, if applicable) ~. G:\BUDGE1\WP\AGENDA'S\AGENDA04\6'15GINNCODONA TION-EQARENA-BUDGRESO.DOC · , \w ..,J RESOLUTION NO. 04-181 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the fonn of a donation from The Ginn Company for the Fairgrounds Arena. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida, in meeting assembled this 22nd day of June, 2004, pursuant to Section 129.06 (d), F10rida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the County's budget is hereby amended as follows: REVENUES 316-7420-366930-76550 APPROPRIATIONS 316-7420-563000-76550 Contributions from Private Sources $ 66,540 Improvement other than Bdlg $ 66,540 After motion and second the vote on this res01ution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22ND DAY OF JUNE, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGEnWP\AGENDA'S\AGENDA04\6'15GINNCODONA TION-EQARENA-BUDGRESO.DOC ....... GINN DEVELOPMš...l:OMPANY, LLC 0112 8 2 CELEBRATION, FL 34747 )PTE . INVOICE NO. DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE -30-04 Arena S tar k ~.qp.P-OC i E. CO U NT!., : ¡¡,¡ p~ CE DCPA RT !'~ r. ,< 66540.00 .00 66540.00 04 JUN -I PM I: I :HECK ~ATE 5-25-04 11282 66540.00 .00 66540.00 PLEASE DETACH THIS PORTION AND RETAIN FOR YOUR RECORDS. GINN DEVELPPMEN1:>COMPANY, LLC 215 CELEBRATION PLACE. SUITE 200 .' CELEBRATION. FL34747 (321)939-4700 ColONIAL BANK 63:13227631 ..011282 . " .. y: ***************S.:j;.xty-:sixthoUsand fivehunà::eà forty dollars.êmdnocents DATE May 25, 2004 CHECK NO. AMOUNT.. 11282 $*****66,540.00" PAY TO THE ORDER OF .' . Board of County Cormnissioners 2300Virªinia Ave ~ort Pierce, FL 34982~5~52 ~\~/ -diii '. V·.·····. ..... III 0 ¡. ¡. 2 B 2 III I: 0 b :1 ¡. ¡. :1 2 2 21: B 0 2 g j B a L. 2 ¡. III "lD.' .-_.. --. ".:.,__I.,-î:.~ . ..... - ../ g/&_ 7V'dO- ~~& ~30- 7(; ~S"V .- .... .' < " """ -:.. ' . -~- ......:J' I:"," !"' 2r,~/.}V .;0-··,,···· v--- v '-" 'WI BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDmSON April 30, 2004 The Ginn Company H. Douglas Miller, P.E. Executive Vice President Southeast Region 3228 SW Martin Downs Boulevard Suite 5 Palm ~~~L..:..=~990 Dear....~:~~r: This is to confirm our telephone conversation that Ginn-LA WSL L TD.LLP (Ginn Company) has agreed to purchase for the new 81. Lucie County Equestrian Facility, the complete arena, including roping chute, bucking chutes, and pens, in the amount of $66,540.08. Attached is a copy of the quote from A-BAR-B Equipment Sales, Inc., of Reddick, Florida, with the price breakdown. The county will order the equipment under the Ginn Company's name and have the equipment delivered to the S1. Lucie County Fairgrounds, with the invoice going to the Ginn Company. S1. Lucie County will be placing the order today under your company's name in order to avoid a 14% price increase due to the rapidly increasing cost of steel. On behalf of S1. Lucie County, I thank you for this extremely generous contribution and assure you that the G" n Company name will be appropriately displayed at the equestrian arena. c: Board of County Commissioners Ray Wazny, Assistant County Administrator Pete Keogh, Parks and Recreation Director Ed Parker, Purchasing Director Dan Mcintyre, County Attorney Sherry McCorkle, Fairgrounds Manager Jean~e Keaton, Executive Director, S1. Lucie County Fair Association JOHN D. [Jr\UHN. Disrricr No.1. . DOUG'COWAI\D. Disrricr No.2. PAULA A. LEWIS. Disrricr No.:I . Fl\ANNIE HUTCHiNSON. Disrricr No.4· CLIFF [JAI\NES. Disrricr No.5 Cocr.:y Adminisrraror - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 04982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: dougo@co.st-lucie.fLus wph "itF" www ro st-lucie.fLus ,_ FROM .: ABARB FAX ~O. :3525912285 Apr. ~g 2024 01:57PM Pi ......, '-' g A-BAR-B EQUIPMENT SALES. INC. 12100 NW 110TIi Avenue Reddick, FL 32686 (888) 269-8373 Toll Free (352) 59-1 -4:Ó88 Office (352),59 F·2286 Fax . - FAX TRANSMITTAL TO:~ ~H:op Date: Fax#: 4-jfN/n~ '7?'J..-l/t;:2-¡qvô From: {/adL (?~.u~ Cover And .5 page(s) To Follow MESSAGE: please Contact OUf Office At (352) 591-4088 If You Old Not Receive The Full TraflSmissiOn. Thank YoUI Jack &. Tamara Cullison Or-" ·' '-' ...,,¡ COl\fPLETE ARENA INCLUDING ROPING CHUTE, BUCKING CHUTES, ~ PENS' Option #1: As drawn by W-W Manufacturing: HOT DIPPED GALVANIZED LIST $81597~2 DISCOUNT <S28559.13> LABOR $5160.00 TAX $3712.69 FREIGHT S4630.00 TOTAL HOT DIPPED PRICE ~540-:-~ PAGE (2) ~ .' UÓ¡'ll./ :. 1311 'I 02:· 17724b2LNU F'A~:f(s&RECF:EA T LOti PAGE Ðl/01 AGENDA REQUEST ITEM t~O. ._ C-2 ~ DATE: 5-1þ..=!lL._______ REGULAR: ( ) PUBLIC HEARING; ( ) CONSENT: ( x ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): __ADMlfiL$TRATION .sUeJ~CI: Requê!!it that the Board approve Change Order #3 for Contract CO 12·773 for the payment of Impact Fees ($31,496.35), the cost of an upgraded sprinkler sys m ($34,395.90). and for an emergency lighting automatic switch box for the Fairground Ar.na project ($3,171.00). SACKGROUND: The Board approved çonstructlon of the Fairground Arena using a budgeted amount of$750,OOO and a donation from Bud Adams of $350,000. On April 30,2004 the Ginn Company agreed to purchase the bucking chutes, roping chute, and pens for the FaIrground Arena valued at $66,640.08. FUNDS AVAILABLE.: Unallocated Project Funds, Account # 316-7420-562000-76550 - $6,836 Impact Fees, Zone S, Account # 310002·7210-563000-700 .56B.228 PREVIOUS AC..I!.Qt!; On March 16,2004, the Board approved installing insulatIon to the roof of the arena and adding a surge protection system ($43,778.28). BECOMMENDATIPN: Staff recommf'.H1ds thatt"e Board approve Change Order #3 for the FaIrground Arena for the payment of Impact fees ($37,496.35), for the cost of an ypgraded sprlnkrer system ($34,395.90), and foran emergency IIghtirlQ automatic switch box ($3,171.00). .COMMISSION ACll0N: '. Ai APPROVED bOTHeR: o DENIED Approved 4··0 (Comm. Lewis Abscr.t) BtYiew and ApDrovals Q County Attorr.øy: .______...__ Q Managtmont and Budget; !dJ --.t!JIr1f.. 1:1 pl.lrChUrn~¿ g "".,.",.. D..t'~._ Q OIMr.;:::::;t¡_- : OO.r. ~.L?-- o FII,ance: Check. for copy only, If Ippllcable: -'~_ 1¥J. Af ~'IOfI1J with 8 di$'bill(v roqulrlfll" êc=ommoo/Jt"o"$ to ,tfenl1lll;.$ TrI"IJng should contact tho ~mllnlty Service, Mal18g/Jrlt 172-462-1 T17 n.. 'TO 112-4fJ2·1428. ./ fatut 4& hOIl1'$ (41!) prior to fhs trlPo/ifl{/. H:lRa)'\A¡¡8ndaI2GC4\/i.11i1004.wpd '-' ...J æii;Y~~~ ~~'~-::::..:c.'.'-"~J...7"-.~"-~';==-""~:-:"j - - .-,.... 1 r; ." , 1_ o COUNTY ADMINISTRATION MEMORANDUM 04-38 . ", , - . r. _... :"'.-'....:. rot:."; -'=""·..·".1 .......,":'.~;\!I'..~ . ..~"_'r.'._...':':".)"r~_;~"'~_""'.;'':.'';"''''''J'~I..-.,,..........,...-...:-o -..1.'I.·,...:.t.......~........-~~~..=--.'"'~::<'...........""·,:.¡,,-"'""'...::I........:-_~:.:.a¡:~~·oq,:,-.·...;,;....·~~~~...~:1~jo"t~~:-;·....-:"'_..~__.._r TO: Board of County Commissioners FROM: ;: ,1 J Ray Wazny, Assistant County Administrator 1 (J./' DATE: May 11, 2004 RE: Fairground Arena St. Lucie County is required by contract to pay impact fees of $37,496.35 for the Fairground Arena project Additionally the Fire Marshal is requiring that the fire sprinkler system be upgraded. While the current fire sprinkler design is adequate for rodeo events, the arena can't be used to host vehicle events unless additional sprinkler heads are added at a cost of $34,395.90. Staff is also recommending that an automatic switch box be purchased for emergency lighting being purchased at a cost of 53,171.00. RL W /jc-04-38 ...... ." H:\RaylAgendas 2004\5-18-04.w;¡d , '-' """ AGENDA REQUEST ITEM NO. C-6B DATE: June 22,2004 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Approve Resolution 04-183 amending Resolution 04-163 and 04-115 to correct scrivener error. BACKGROUND: USA Tennis Florida awarded the St. Lucie County Parks and Recreation Department a grant in the amount of$I,500 as additional funding for the summer tennis league. Budget Resolution Number 04-155 (formerly 04-115) was drafted and approved by the Board to recognize additional funding that was not anticipated at the time of adoption of the annual budget. The assigned resolution number has been changed to provide accurate records of the approval of this grant. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On June 8, 2004 the Board approved Budget Resolution 04-163 to correct a scrivener error in the assigned account number. RECOMMENDATION: Staff recommends that the Board approve Budget Resolution 04-183 amending Budget Resolution 04-163 to correct a scrivener error in the assigned resolution number. COMMISSION ACTION: CONCURRENCE: County Attorney: XX Ch.. ... ß·'· I Coordination/Signatures Management & Budget: XX \tJV '{I\~purchasing: [')(I APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 Originating Dept: Other: Finance: (Check for Copy only, if applicable) G:\BUDGE1ì WP\AGENDA'S\AGENDA04\6'22 SCRNENER.DOC . . -\ '-' ...., RESOLUTION NO. 04·183 A RESOLUTION, AMENDING RESOLUTION NUMBER 04·163 TO CORRECT SCRIVENER ERROR WHEREAS, the St. Lucie County Board of County Commissioners has made the following determination: 1. On June 8, 2004, the St. Lucie County Board of County Commissioners adopted Resolution Number 04 - 163 which corrected the revenue account number listed to accept a grant in the amount of $1,500 from the USA Tennis Florida organization for the St. Lucie County Parks and Recreation. The Resolution that was amended was formerly assigned 04-115, but was changed to 04-155 due to scrivener error. 2. Due to a scrivener error in the assigned resolution number, it is necessary to amend Resolution Number 04-163. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners: 1. Resolution Number 04-163 is hereby amended as follows: On May 25, 2004 the St. Lucie County Board of Commissioners adopted Resolution Number 04-155 which appropriated funds for fiscal year 2003-2004 from the USA Tennis Florida organization to the St. Lucie County Parks and Recreation. Due to a scrivener error in an account number allocating funds, it is necessary to amend Resolution Number 04-155. 2. After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson XXX Commissioner John D. Bruhn, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF JUNE, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '"If , ~/ \.r ...., . AGENDA REQUEST ITEM NO. C7A DATE: June 22, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Viens - Tax LD. No. 3405-114-0001-000/9 - Parcel 706 BACKGROUND: Please see attached memorandum FUNDS A V AILABLE: Funds are avai lable in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract /Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMEND A TION: Staff recommends that the Board approve the Purchase Agreement with Mr. Viens in the amount of FOUR HUNDRED and no/100 DOLLARS ($400.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [XX] Originating Dept.: ()¿- jN.t.. Review and Approvals [XX] Public Works Director:~ . K] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 [XX] County Attorney: [XX] County Engineer: /VIvp [ ] Road & Bridge: [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\25th StreetWiens\Agenda Request.wpd i \....- ......., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: June 22, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Temporary Easement VienS - Tax I.D. No. 3405-114-0001-000/9 - Parcel 706 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On June 8, 2004, an updated offer was made to the new owner for a Temporary Easement in the amount of $400.00, which was based on the approved appraisal report prepared by Daniel K. Deighan, MAI. The report was reviewed and approved by Daniel D. Fuller, MAl, as required by the Department's procedures. The purpose of the Easement is for tying in and harmonizing the existing driveway with the new road improvements. Parcel 706 consists of an area of 494 square feet. There are no improvements within the Easement area. Mr. Viens has agreed to accept the County's offer for the Temporary Easement at the offer amount of $400.00. ~ "'" Page 2 Viens - Tax LD. No. 3405-114-0001-000/9 - Parcel 706 RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Mr. Viens in the amount of FOUR HUNDRED and no/lOO DOLLARS ($400.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Daniel S. McIntyre County Attorney G:\ACQ\ WP\JoAnn\25th StreetWiens\Agenda Memo.wpd -" ~¡, ~ """'" Page 1 of 3 St. Lucie County, Florida PURCHASE AGREEMENT STATE ROAD NO.: PARCEL NO.: 615 (S. 25th Street) 706 THIS AGREEMENT is made by and between: Larry Viens hereinafter referred to as SELLER and the ST. LUCIE COUNTY for the use and benefrt of the St. Lucie County, Florida, hereinafter referred to as the PURCHASER. WITNESSETH For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following property or interest therein, upon the following terms and conditions: I. DESCRIPTION (a) .Real estate or interest therein, identified as parcel . 706 and shown on Right of Way Maps for PROJECT: S. 25th Street incorporated herein by reference. D Fee Simple o Permanent Easement (Section III.(b) does not apply) . Temporary Construction Easement (Sections III.(b, c and d) do not apply) o Leasehold Interest (Sections III.(b and c) do not apply) (b) 0 Personal property identified as follows: N/A (c) 0 Outdoor Advertising structure identified by permit number: N/A (Section III.(b and c) do not apply) II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs. (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession (c) Itemized purchase price, fees and costs Land and Improvements $ 400.00 Real Estate Damages $ (Severance/Cost-to-Cure) $ Business Damages $ Attorney Fees $ Appraiser Fees $ ODA Structure $ Other $ $ $ 400.00 (Specify) (Specify) TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS $ $ 400.00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that execution of this Purchase Agreement by PURCHASER constitutes conditional acceptance and is subject to final County acceptance. Final County acceptance shall denote final approval of the purchase price an all terms and conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final County acceptance. Notice of final County acceptance shall be evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days from the date of the negotiator's signature in Section VI. SELLER is responsible for all taxes due and owning on the property as of the date of closing. N/A (b) o SELLER agrees that all current taxes for the year in which this agreement Is made on the property acquired shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of closing. o SELLER agrees to pay all taxes for the current year. \.-- ""'" Page 2 01 2 (c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchaser price shown in Section II. Seller shall be liable for any existing encumbrances or any encumbrances arising after closing as a result of actions of the seller. The terms of this sub-section shall survive the closing. (d) Any extension of acceptance beyond the date of closing must be authorized by the PURCHASER in writing. During the period from the date of' closing until the SELLER surrenders possession to the PURCHASER, the SELLER shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the effective date of this agreement, less any reasonable wear and tear. (e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under threat of' condemnation, pursuant to Section 337.27, Florida Statutes. (f) The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag(s) at or prior to receipt of payment for the ODA structure. (g) Other: '. IV. CLOSING DATE . . . This transaction shall be closed and the instrument of conveyance delivered within 60 days.of the final age~cy acceptance. o This transaction shall be closed and the receipt of warrant acknowledgement delivered within 60 days of the date of final agency acceptance. . . V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. AJI addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed i.n this section. In addition,all addenda must be signed by both the Seller and Purchaser. . There 0 isO is not an addendum to this agreement VI. (S) have caused these presents to be executed in their respective name(s). CONDITIONAL ACCEPTANCE BY PURCHASER Si ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS La:f (' ~ ~. \h e.<\s, ,,~~ Name (Pleas~ Type or Print) Social Security # I Federal Tax 1.0.# BY: ~~~o~mO~[] j][¡] Name (Please Type or Print) Signature Date DATE: Name (Type or Print) Social Security # I Federal Tax 1.0. # 00000000000 .VII. FINAL COUNTY ACCEPTANCE IN WITNESS WHEREOF, St Lucie County has caused these presents to be accepted this _day of BOARD OF COUNTY COMMISSIONERS,CHAIRMAN , . LE~ DESCRIPTION ....., TEMPORARY CONSTRUCT I ON EASEMENT (T. C. E.) 705 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. TOWNSHIP 35 SOUTH. RANGE 40 EAST. ST. LUCIE COUNTY. FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND PK NAIL 8 WASHER STAMPED "PCP LB4285" AT THE EAST QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 00°14'50 WEST, A DISTANCE OF 1335.28 FEET ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. BEARINGS ARE BASED ON SAID EAST LINE OF THE NORTHEAST QUARTER SECTION 5 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE SOUTH 89°53'28" WEST DEPARTING SAID EAST LINE AND RUNNING ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. A DISTANCE OF 80.00 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE FOR STATE ROAD 515 (SOUTH 25TH. STREET); THENCE NORTH 00°14'50" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 259.98 FEET; .THENCE NORTH 01°55'25" EAST, A DISTANCE OF 201.59 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 150.00 FEET OF THE NORTH 355.2 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. SAID POINT ALSO BEING THE THE POINT OF BEGINNJNG OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 705; THENCE SOUTH 89°53'26" WEST ALONG SAID NORTH LINE OF THE SOUTH 150.00 FEET OF THE NORTH 356.2 FEET OF SAI D SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. A DISTANCE OF 13.00 FEET; THENCE NORTH 01 °55'25" EAST DEPARTING SAID NORTH LINE. A DISTANCE OF 38.00 FEET; THENCE NORTH 89°53'25" EAST, A DISTANCE OF 13.00 FEET TO A POINT ON SAID EXISTING WEST RIGHT OF WAY LINE FOR STATE ROAD 515 (SOUTH 25TH. STREET); THENCE SOUTH 01°55'25" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 38.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 494 SQUARE FEET MORE OR LESS. ~~DØ&dtllt FLORIDA ~,RVElOR AND MAPPER #4136 DATE: /Z 1.{, D;3 BURDETTE AS OCIATES, INC. LEGAL DESCRIPTION AND SKETCH - T.C.E. 706 PREPARED FOR, ST. LUCIE COUNTY! FLORIDA BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 OFFICE, ¡CHECKED, E.C. G.M.B. FJELD BOOK, SCALE. NOT TO SCALE DA TE, FEBRUAR Y 2003 DRAWING NO., 615TCE706 or SHEET 1 3 ...\PARCELS802\tces\ TCE706.dgn 02/26/0302:44:26 PM SECT! ok TOWNSHIP 36 SOUTH, RANGE 40 EAST SEE SHEET 3 I I I ;,.,1 N ....;1 ~l ;=\ w z w-' .;= . "- No: ..,. . I- ,...,V> ""'W 0;= o . I- V> V> o en ..,. - o o o z ( - ~I ~I 51 S I ~ ~I -' >-1 w ~I ~I œ¡!¡ I I I I \ I , \ x W Bearing Basis: Eest Line of the N.E. 1/4, SectIon S IN Oool4'SON WI IPOI NT OF COMMENCEMENT P.I. STA. 36·45.30 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)- EAST 1/4 CORNER SECTION 5 ~-00002'00N (LT.) N-1105742.119 E - 86700 I .771 FND. PK NAIL a WASHER . "PCP LB 4286" EX]ST. R/W LJNE S 89"50'53" W ~ - --rrs 89'53'36" E=2=8------. ---- (QUARTER SECTI N ~E) ~_ - S 89°50'53" W (BASELINE) 0 S.R. 712 MIDWAY ROAD· ----------- - -. ..... ~ ---",I I} 35 \ ¡ \ I \ U \. If) I" ,.r) ---------- N 89"50'53" E EX]ST. R/W LJNE 100 50 o 100 GRAPHIC SCALE - FEET ....""" ABBREV]ATIONS / LEGEND. ~ . BASELINE ~ . CENTERL I NE EXIST, . EXISTJNG FKA . FORMALLY KNOWN AS FND, . FOUND N.S.L.R.W.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT · POINT OF BEGINNING · POINT OF COMMENCEMENT · RIGHT OF WAY · SQUARE FEET · TEMPORARY CONSTRUCTION EASEMENT ~~"'~~ . SUBJECT PARCEL P.O.B. P. D. C. R/W SQ. FT. 1. C. E, ;= "- 0: NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS. NORTH 00°14'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. l- V> <0: W l- V> x w ___fl____ N ~~ ~r EX 1ST. R /W L] NE S 89059'23" W 32 33 N 89°~7 36- E (0 ARTE SECTION LINE) S89°59'23- W (BASELINE) EXIST. R/W LJNE N 89°59'23N E STA. 36.44.48 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)- STA. 30·00.00 ~ OF SURVEY S.R. 712 (MI DWAY ROAD) N·1105741.299 E· 867001.774 NOT SET ITH1S IS NOT A SURVEYI T.C.E.706 PREPARED FOR. LEGAL DESCRIPTION AND SKETCH ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. OFFIC[E'. C. CHECKED, G.M.B. 2295 GENESEA LANE FIELD BOOK. VERO BEACH, FLORIDA 32963 DA TE. (772) 231-8750 FEBRUARY 2003 ...\PARCELS802\tces\ TCE706.dgn 02/26/0302:45:08 PM SCALE. I" . 100' SHEET 2 DRAWING NO.. 615TCE706 OF 3 'N 89°53'26" E 13.00' N 1'°55'25" E 38.00' ~I I =I,,~ I I ~ ~ I ~~o 1;::1>- ~ --! I I ~ ~ I J ~::r: --L- «I I--\. >:..::1 I 1 ~ ~ I I ~ J r-I 1 I I tj I w I I I g: I ~ I I I (/') I :" I ---1 1'1 If" - -I- .!: :-¡-..J I ~ I 0- I lrJ I N 1 z_...;......--' I I. -+- I (/') 40· ~ 140· I 1 I I N 1 I L{)¡ I L{) -~I "'1 ~c:: Z:~I.D . -J I :::::J "'cO: ~~I B9a: ~gL5 '1 v0 ~«f- I ~ I ~ I c :5 I 1 z 1 I 1 I N. LINE OF THE S. 150' OF THE N. 356.2' OF THE S.E. 114 OF THE N,[. 1/4 OF THE N.[. 114 OF SECT]ON 5 N 89°53'26" E SECT! ON 5 TOWNSHIP 36 SOUTH, RANGE 40 EAST -- V> Ww ~:z ~~ -~ --.... ~c:: >< w Bearing Basis: Eest LIne of the N.E. I/~, Section 5 IN Oool~'50H WI SOUTH LINE S.E. 1/4 N.E. 1/4. N.E. 1/4, SECTION 5 S 89°53'28H Vi I ) ~ I / ~ II~ ~ II ~ ,I w I 3:YARIEl ...: II ~ I >< w S 89°53'28" W 80.00' NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS. NORTH 00°14'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. LEGAL DESCRIPTION AND PREPARED FOR, 40' w Z ....J 3: .... c:: >< w .....". A8BREVIATIONS 1 LEGEND. ~ . BASEL I NE ~ . CENTERL] NE EXIST. . EXISTING FKA . FORMALLY KNOWN AS FND. . FOUND N.S.L.R.W.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRJCT · POINT OF BEGJNNING · POINT OF COMMENCEMENT · RIGHT OF WAY · SOUARE FEET · TEMPORARY CONSTRUCTION EASEMENT ~~ "'~~ ,SUBJECT PARCEL N ~ß~~ ~~ P.O.B. P.O.C. R IW SO. F 1. T.C.[' LOT 57 :z ~ o r0 -N Vì -w > C) - <:( 00- co :::J . en - N 89°50'48" E NORTH LJNE OF THE SW I /4 OF THE NW I /4 SECTJ ON 4 >- :::.::: 1-0 -0 U co wI- 1-<:( - ---1 :r:: 0- S:~ LOT 58 100 50 100 o GRAPHIC SCALE - FEET THJS JS NOT A SURVEY SKETCH T.C.E.706 ST. LUCIE COUNTY, FLORIDA OFF1CE, CHECKED. BURDETTE & ASSOCIATES, INC. E. C. G.M. B. 2295 GENESEA LANE FWD BOOK, VERO BEACH, FLORIDA 32963 OA TE, (772) 231-8750 FEBRUARY 2003 ...\PARCELS802\tces\ TCE706.dgn 02/26/0302:45:44 PM S C AL E, NO T TO SCALE DRAWING NO., 615TCE706 or SHEET 3 3 \ \..f "'-"" AGENDA REQUEST ITEM NO. C7B DATE: June 22,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Alfred R. Johnson, et al - Tax I.D. No. 3405-114-0005-000/7 - Parcels 703/704 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Temporary Easement Agreement with Alfred R. Johnson, et ai, in the amount of FIVE HUNDRED NINETY and no/100 DOLLARS ($590.00) as shown on the attached sketch and legal descriptions, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ) OTHER: [ ) DENIED Approved 5-0 11"'-(1.. Review and Approvals [XX] Public Works Director:~ [ ] Road & Bridge: [XX] County Engineer: Mvp [XX] County Attorney: .Ch /~. V~ [XX] Originating Dept.: [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\ WP\JoAnn\25th Street\J ohnson\Agenda Request2.wpd '-" "-"" . \ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: June 22, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Alfred R. Johnson, et al - Tax LD. No. 3405-114-0005-000/7 - Parcels 703/704 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On May 11, 2004, an updated offer was made to Alfred Johnson and other family members for two (2) Temporary Easements in the amount of $450.00, which was based on the approved appraisal report prepared by Daniel K. Deighan, MAL The report was reviewed and approved by Daniel D. Fuller, MAr, as required by the Department's procedures. The purpose of the Temporary Easements are for tying in and harmonizing the two (2) existing driveways with the new road improvements. Parcel 703 contains 288 square feet and Parcel 704 consists of an area of 270 square feet. There are no improvements within the Temporary Easement areas. The Johnson family submitted a counteroffer in the amount of $590.00, which represents an increase of $140.00 over the County's offer. The increase is for attorney fees that the Johnson's incurred with the County's acquisition of the two Temporary Easements. It should be noted that the parcels are being acquired in accordance with the Department's procedures, which by Florida law entitles the property owner to certain rights including the reimbursement for attorney fees and other fees that the owner would incur associated with the County's acquisition. \.r ""'" Page 2 Alfred R. Johnson, et al - Tax LD. No. 3405-114-0005-000/7 - Parcels 703/704 If this parcel proceeded to trial, the County is exposed to a possible jury verdict in favor of the owners, additional expert fees (owner and County) and court costs that would definitely exceed the $140.00 difference. The County's Right-of-Way Consultant, Brian Mekarski, recommends the County accept the Johnson's counteroffer. RECOMMENDATION: Staff recommends that the Board approve the Temporary Easement Agreement with Alfred R. Johnson, et ai, in the amount of FIVE HUNDRED NINEìY and no/lOO DOLLARS ($590.00) as shown on the attached sketch and legal descriptions, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, florida. G:\ACQ\ WP\JoAnn\25th Street\Johnson\Agenda Memo2.wpd - ~ .....,. Page 1 of 3 St. Lucie County, Florida - PUROIIACE-AGREEMENT /E1TIP6RARY £II$EM£NI STATE ROAD NO.: PARCEL NO.: 615 (S. 25th Street) 703/704 THIS AGREEMENT is made by and between: STEVE K. UNSELL. ALFRED R JOHNSON. KURT J. UNSELL. KENNETH W. UNSELL. and KATHRYN THOMAS hereinafter referred to as SELLER and the ST. LUCIE COUNTY for the use and benefit of the St. Lucie County, Florida, hereinafter referred to as the PURCHASER. WITNESSETH glZlrtÎ a 1€Þ'Jf'rCl~ COrl~·E1t5EMf¡i For and in consideration of the mutual convenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following property or interest therein, upon the following terms and conditions: /\' , 'r r I. DESCRIPTION (a) fi1Real estate or interest therein, identified as parcel 703/704 and shown on Right of Way Maps for PROJECT: S. 25th Street incorporated herein by reference. D Fee Simple D Permanent Easement (Section III.(b) does not apply) II Temporary Construction Easement (Sections 111.(b, c and d) do not apply) D Leasehold Interest (Sections III.(b and c) do not apply) (b) D Personal property identified as follows: N/A (c) D Outdoor Advertising structure identified by permit number: N/A (Section III.(b and c) do not apply) II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs. (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession (c) Itemized purchase price, fees and costs Land and Improvements $ 450.00 Real Estate Damages $ (Severance/Cost-to-Cure) $ Business Damages $ Attorney Fees $ 140. 00 Appraiser Fees $ ODA structure $ Crther $ !Jr/ ()/' ð ~ $ $ (Specify) (Specify) TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS $ ~qo. CO ~ $ III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that execution of this Purchase Agreement by PURCHASER constitutes conditional acceptance and is subject to final County acceptance. Final County acceptance shall denote final approval of the purchase price an all terms and conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final County acceptance. Notice of final County acceptance shall be evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days from the date of the negotiator's signature in Section VI. N/A (b) SELLER is responsible for all taxes due and owning on the property as of the date of closing. o SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of closing. o SELLER agrees to pay all taxes for the current year. (d) (e) (f) (9) ~5~452144e oou PAGE . ,; ... """" .'" 1:131 B4. (~ ~~~JJ"f&-""'. SELLER i!: re~ponsible for delivering unencumberéd_~ to PURCHASER at closing. 'Any ~ums which PURCHASER must exp~nd to clear encumbrances shall be deducled at ~osing from the purchaser price shown Î:\ Section II. Seller shall be liable for any existing encumbrances or any encumbrances ·arising al\er closing as a result of actions of the serler. The terms of this sub-section sh¡¡lIsu(VÌve the closing. Any l/1(tension of acceptance beyond the date of closing musl be authorized by the PtJRGHASER in writing. During the period from the date 0: closing until the SELLER surrenders possession to the PURCHASER, Ine SELLE.R shan exercise diligent care in protecting the property from theM. and vandalism. All prope~. whether real or personal, included in this agreement shall be delivered to PURCHASER In the same condition eICisting as of the effective date of this agrè!ment, I~ss any reasonable \'Iæa~ and te~r. --- , ~.6,P-IJ ''''''~ I: is mutually understood that thiS~I~,;~:cessílry for transportation pvrposes and is being acquired under threat or cond~mnation, pursuant to S~cbon 337.27, FlorIda Statutes. The outdoor advertising structure owner shall prollide an executed ODA Permit Cancellation{s) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag{s) at or prior to receipt or payment for the ODA structure. Other: =- IV. CLOSING DATE . This transaction shall be closed and the instrument or conveyance deliv!!red within 60 days of the final agency acceptance. o This transactior'l shall be closed ð:\d the. receipt of YJarrant acknovAedgement delivered witnin 60 days of the date of final age:\cy ¡¡ccep:ance. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS :P. íypewrittenor hand\."itten provisions inset-ed herein or attached hereto as Addanda,.and ini¡ieled by all parties, shall control all P""'" p"v;';M' '" ""nOlo' ,,.,"',,,. All ."on". wh."" 'yp"",,",, " "ondw,".,. .."hOd """0 m",' b. ,""""'" and i:\ilialed in this section. In addi'iiOn. ¡¡II addenda must be: signed by both the Seller and purchaser. Th!re 0 is 0 is not an addendum to tnis 2greQment ?~ ~~"¢ZrJ~~~~6--. __. (" l/ ~ ./r-~v,... ...¡C."'....,- #Q"~~" b;zøT't~ ~~H ~"tr-~ ~ .¡- ~ f/~'V' ~ '" ·AI1d;.e~~ ~ ~.dF"~ .. ~.pll _.ur__ ,µf-w-ø ¿ va . .~-J- ~ ~~.~¿-¡A ""....~...~-rRJ.~~ . 7 . J/{~.. ~~ +- ~....,. --' ~ -d '¿-d~ t-'~~ JI-~ ~ ~ ~ ~ ,---.~ .J -'--r' t1'- rr"'"~ ~~ ~ ~;;: _~ .Jj ~~~~. _ -I A~ ~--"' - . ~ U- 49.-- ~!.. ~~~ )utJé -J :;'tJl1 ~ ....... Page 3 of 3 VI. IN WITNESS WHEREOF, THE SELLER{S) have caused these presents to be executed in their respective name(s). SE;@ . " ¿- /h~/ð Sig ature 6-j-tJ4 Date Steve K. Unsell Name (Please Type or Print) Social Security # I Federal Tax I. 0.# ¡O[l]80~1lJ1iJ13I S;9n uief) g. ~ Dr¡¿ I~ Alfred R. Johnson Name (Type or Print) Social Security # I Federal Tax 1.0. # ~ ~ r:!O ffi rv 0 lG [] [JJ ~ ~e ~[w~ D~t: 1-01 CONDITIONAL ACCEPTANCE BY PURCHASER ST. LUCIE COUNTY BOARD OF COUNTY COMMISIONERS Kurt J. Unsell Name (Please Type or Print) Social Security # I Fe~al Tax 1.0.# ~1ofJæo~~ ~ \N. \J~ Signature BY: (þ -2-0 (( Date Name (Please Type or Print) Kenneth W. Unsell Name (Type or Print) Social Security # I Federal Tax 1.0. # DATE: ro~{g]oIDßITJæ~rnro ~-cl-~ ~, ~~ $lg=;tu;; - cì "Ô Date Kathryn Thomas Name (Type or Print) Social Security # I Federal Tax 1.0. # BJ[JJ!30~~O[j][ž]!£jßr VII. FINAL COUNTY ACCEPTANCE IN WITNESS WHEREOF, St. Lucie County has caused these presents to be accepted this day of , 2004. BOARD OF COUNTY COMMISSIONERS, CHAIRMAN '-' ""'" ;- LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 703 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND PK NAIL 8 WASHER STAMPED "PCP LB4285" AT THE EAST QUARTER CORNER OF SAJD SECTION 5; THENCE NORTH 00°14'50 WEST, A DISTANCE OF 1335.28 FEET ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. BEARINGS ARE BASED ON SAID EAST LINE OF THE NORTHEAST QUARTER SECTION 5 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE SOUTH 89°53'28" WEST DEPARTING SAID EAST LINE AND RUNNING ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, A DISTANCE OF 80.00 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE FOR STATE ROAD 515 (SOUTH 25TH. STREET); THENCE NORTH 00°14'50" WEST ALONG SAID WEST RIGHT OF WAY LINE. A DISTANCE OF 104.13 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 703; THENCE CONTINUE NORTH 00°14'50" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 32.00 FEET; THENCE NORTH 89°40'31" WEST DEPARTING SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 9.00 FEET; THENCE SOUTH 00°14'50" EAST, A DISTANCE OF 32.00 FEET; THENCE SOUTH 89°40'31" EAST, A DISTANCE OF 9.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 288 SQUARE FEET MORE OR LESS. G. MA TIN BURDETTE FLORIDAVURVlYOR AND MAPPER D ATE: t '2C? Ie: 3 BURDETT 8 ASSOCIATES, INC. · 41 35 LEGAL DESCRIPTION AND SKETCH - T. C. E. 703 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce703.dgn 02/26/0307:49:39 PM OFFICE, CHECKED, E.C.G.M.B. FIELD BOOK, SCALE, NOT TO SCALE DA TE, FEBRUARY 2003 DRAWING NO.. 615TCE703 OF SHEE T 1 3 ....., SECT~5 TOWNSHIP 36 SOUTH, RANGE 40 EAST SEE SHEET 3 I I 40' I ~I ~I ~I ~\ ABBREVIATIONS I LEGEND. ~ . BASELINE ~ . CENTERL I NE EXIST. . EXISTING FKA . FORMALL Y KNOWN AS FND. . FOUND N.S.L.R.W.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT · POINT OF BEGINNING · POINT DF COMMENCEMENT · RIGHT OF WAY · SQUARE FEET' · TEMPORARY CONSTRUCTION EASEMENT ~~"'~~ . SUBJECT PARCEL N w Z w-J · ~ · "- Na: <:r · I- ".,V> ""w å~ o . I- V> V> ~~ ~~ o If) <:r o o o P. O. B. P.O.C. R/W SQ. FT. T.C. E. x WJ Bearing BasIs: East LIne of the N.E. 1/4, Sect ¡ on 5 (N 00°14'50" W) WJ Z -J NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 51 TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS. NORTH 00QI4'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 3: "- a: l- V> <>: WJ IpOI NT OF COMMENCEMENTI P.I. STA. 36+45.30 t OF SURVEY S.R. 615 (SOUTH 25th. STREET)· EAST I /4 CORNER SECTIONS 6.00·02'00· (LL) N·1105742.119 E· 867001.771 FND. PK NAIL a WASHER "PCP LB 4286" EXJST.R/W LJNE S 89°50'53" W ~ - --2-1s 89°53'36" E~----" ---- (QUARTER SECT] N ~E) . -- S 89°50'53" W (BASELJNE) " S. R. 712 MIDWAY ROAD· l- V> x WJ ___fL____ - -. ..... o ---",1 1 35 \ i \ I \ ' II 111 II' f") ---------- ----------- N 89°50'53" E EXIST. R/W LINE STA. 36+44.48 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)· STA. 30+00.00 ~ OF SURVEY S.R. 712 (M! DWAY ROAD) N·1105741.299 E·867001 .774 NOT SET 100 50 o 100 GRAPHIC SCALE - FEET TH15 IS NOT A SURVEY T.C.E. 703 LEGAL DESCRIPTION AND SKETCH PREPARED FOR, COUNTY, FLORIDA ST. LUCIE SCALE, OFfICE, CHECKED, E.G. G.M.B. FJELD BOOK, BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACHl FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce703.dgn 02/26/0307:50:00 PM I" , 100' DRAWING NO., 615TCE703 or SHEET DATE. FEBRUARY 2003 3 2 '-' SECT! ON 5 TOWNSHIP 36 SOUTH, RANGE 40 EAST EX]STING WEST R 11'1 LI NE N 89040'31" W 9.00' 703 '"" Lu - ,0 o~ 0", ~- "ìå o <= - . SOUTH Ll NE S, E, I I~. N,E. I I~. N.E. I I~. SECTION 5 S 89°53'28" W S 89°53'28" W 80.0Q' BearIng Basis: East Line of the N.E. SectIon 5 . (N 000 I 4 ' 50" W) NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS. NORTH 00014'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. I I I ~ I I I I 11"1 _ _I L() I t- V> ~u.J Z c..::>- z-' ;:::~ ~c:: >< u.J N L() ""' '<T f-- == 5 ~ tj ~ Þ- ¡......- c:: Vì ~ ~ ~ ~ V> V> (/) c..::> :z ~ N ~~ ~~ LOT 57 . t- .c.~ +>< Ll1UJ N S,E. CORNER S,E. II~. N.E. 1/4, N.E. 114 SECTION 5 L() , . ,..-,0 _ u-> .... .... ~;- o o ;;0: , N .... ,..., I /4. ,..-, 0 0 z 00 '" ~ ~ a: ,..-, . (/) ~ L() l.O N 89°50'~8" E NORTH LJNE OF THE SW 1 I~ OF THE NW 1 I~ SECT] ON ~ (NORTH L]NE LOT 58) to ·V z VARJES ~O· ~O· SEE SHEET 2 THIS IS NOT A SURVEYI LOT 58 100 50 :z ~ Or<) -N Uì -w >ü - <t: OCL co :::J . Uì - >- ~ f-O -0 uCD wf- f-<t: - --1 ::r:CL S:~ o 100 GRAPHIC SCALE - FEET PREPARED FOR, LEGAL DESCRIPTION AND SKETCH T,C.E.703 ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce703.dgn 02/26/0307:56:53 PM OFFICE. CHECKED, E.G. G.M.B. FIELD BOOK, SCALE, I" , 100' DA TE, FEBRUARY 2003 SHEET DRAWING NO., 615TGE703 OF 3 3 '-' , ...." LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 704 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. TOWNSHIP 36 SOUTH. RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRJBED AS FOLLOWS: COMMENCING AT A FOUND PK NAIL 8 WASHER STAMPED "PCP LB4286" AT THE EAST QUARTER CORNER OF SAJD SECTION 5; THENCE NORTH 00°14'50 WEST, A DJSTANCE OF 1335.28 FEET ALONG THE EAST LINE OF SAJD NDRTHEAST QUARTER OF SAID SECTION 5 TO THE SOUTHEAST CORNER OF SAJD SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. BEARINGS ARE BASED ON SAJD EAST LINE OF THE NORTHEAST QUARTER SECTION 5 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE SOUTH 89°53'28" WEST DEPARTING SAID EAST LINE AND RUNNJNG ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5. A DISTANCE OF 80.00 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE FOR STATE ROAD 515 (SOUTH 25TH. STREET); THENCE NORTH 00°14'50" WEST ALONG SAID WEST RIGHT OF WAY LJNE. A DJSTANCE OF 259.98 FEET; THENCE NORTH 01°55'25" EAST. A DJSTANCE OF 13.46 FEET TO THE POINT OF BEGINNING OF THE FOLLOWJNG DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 704; THENCE CONTINUE NORTH 01 °55'25" EAST ALONG SAID WEST RIGHT OF WAY LINE. A DISTANCE OF 30.00 FEET; THENCE NORTH 89°08'26" WEST DEPARTING SAID WEST RIGHT OF WAY LINE. A DISTANCE OF 9.00 FEET; THENCE SOUTH 01°55'25" WEST. A DISTANCE OF 30.00 FEET; THENCE SOUTH 89°08'49" EAST, A DISTANCE OF 9.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 270 SQUARE FEET MORE OR LESS. G. MAR IN BURDETTE FLORIDA ,URVE¡YOR AND MAPPER DATE: t.. Z~ 'Dp BURDETTE 8 ASSOCIATES. INC. · 4 I 3 6 LEGAL DESCRIPTION AND SKETCH - T. C. E, 704 PREPARED FOR, ST. L U C / E C 0 U N T Y , F LOR / DA BURDETTE & ASSOCIATES, INC, 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce704.dgn 02/26/0301 :43:37 PM OFFIC[. CHECKED. E.G. G.M.B. FJELD BOOK. SCALE. NOT TO SCALE DA T[, FEBRUARY 2003 DRAWING NO.. 615TGE704 OF SHEE T 1 3 SECT~ 5 TOWNSHIP 36 SOUTH, RANGE 40 EAST ...., SEE SHEET 3 I I ~o· I ~I ~I ~l ;;:\ : 0 If) q- - c 0 0 z ( ~ I w z :::;1 ôl SI w z ~I - -' >-1 ;;: ..... LW e:: ~I f- ~I (/) « CEil w ~ I VJ - I x w I I I \ \ t \ ~ ABBREVIATIONS / LEGEND. ~ . BASEL1 NE ~ . CENTERL I NE EXIST. . EXISTING FKA . FORMALLY KNOWN AS FND. . FOUND N.S.L.R.W.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT · POINT OF BEGINNING · POINT OF COMMENCEMENT · RIGHT OF WAY · SQUARE FEET · TEMPORARY CONSTRUCTION EASEMENT ~~"'~~ . SUBJECT PARCEL N LW Z w-' : ~ Ne:: <:r . f- "'VJ "'w ~;;: o . f- VJVJ x W ~~ ~~ P.O.B. P. O. C. R/W SO. FT. T. C. E. BearIng BasIs: Eest Line of the N.E. 1/4, Section 5 IN 00°14'50" WI NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS. NORTH 00°14'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. IPOI NT OF COMMENCEMENT P.I. STA. 36+45.30 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)- EAST I /4 CORNER SECTION 5 ¿.00·02'OO· (LT.) N-1105742.119 E·867001.771 FND. PK NAIL a WASHER "PCP LB 4286" EXIST. R/W LINE S 89°50'53" W ~ - --2-1--s 89"53'36" E~---=--- '" ----=- (OUARTER SECT I N ~E) ~ -- S 89°50'53" W (BASELINE) '" S. R. _lJ £. _MlDWA1- BOACL~ ___fl____ EX]5T. R/W LINE 5 89°59'23" W 32 33 N 89°4736- E (0 ARTE SECTION LINE) 5 89°59'23- W (BASELINE) EX I 5T. R /W LI NE N 89°59'23- E - ---. ..... :<: ---"1 ,\ 35 \ ¡ \ I \ ' \I~ ~. ----------- N 89°50'53" E EXIST. R/W LINE STA. 36+44.48 ~ OF SURVEY S.R. 6/5 (SOUTH 25th. STREET)- STA. 30+00.00 ~ OF SURVEY S.R. 712 (MI DWAY ROAD) N·1105741.299 E· 867001.774 NOT SET 100 50 o 100 GRAPHIC SCALE - FEET ¡THIS IS NOT A SURVEY I T.C.E. 704 LEGAL DESCRIPTION AND SKETCH PREPARED FOR, COUNTY, FLORIDA ST, LUCIE SCALE, OF FI CE . E.G. FI[LO BOOK, CHECKED, G.M. B. BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce704.dgn 02/26/0301 :44:01 PM I" . 100' DRAWING NO., 615TGE704 OF SH££ T DA TE. FEBRUARY 2003 3 2 '-' SECn ON 5 TOWNSHIP 36 SOUTH, RANGE 40 EAST I ....., N 1 1 -=;¡- L() I I ~J~ TEMPORARY 1 eONS TRue TI ON I ~r EASEMENT 270 SQ. FT. 1 I"'ì -I L() I j Bearing BasIs: Eest Line of the N.E. 1/4, SectIon 5 IN 00°14'50" W) :r, _ I N "'<.D :r, ~ I L() ~,.., . ;;-1 U"1 q- I- 3' co '- CT> :z I :z :z: Wa: 0=. ~ C> W.... - U"1 I .... f- a:: V> N '-' u 1-2.:. LOT 57 W w 1 VJ VJ VI<.:> z~ := o rvì == -N 1 L() .ë~ 0 Vi '!' I +-x -w q- L()w >0 - I N - <[ 0 0 S.L CORNER S.E. 1/4, CJ 0- 0 1 · N. L 1/4, N. E. 1/4 aJ :z: VI SECTION 5 =:J ~ I Vi - I N 89°50'48" E >- :::<:: I- 0 NORTH LJ NE OF THE -0 SW I /4 OF THE NW I 14 uaJ L() SECTION 4 WI- l!J (NORTH LINE LOT 58) I- <[ co ---..I '" · ::co... CT1 ...; a:: 3=~ -=;¡- ,.., ,.., · - VI ~ LOT 58 co -=;¡- VARIES ~O' ~O· SEE SHEET 2 EXIST]NG WEST R IW LJ NE SOUTH LINE S. E. I 14 N.E. 1/4, N.E. 1/4, SECT! ON 5 S 89°53'28" W S 89°53'28" W 80.00' NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS. NORTH 00°14'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 100 50 o 100 ¡THIS ]S NOT A SURVEY GRAPHIC SCALE - FEET LEGAL DESCRIPTION AND SKETCH T. C. E. 704 REPAREO FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. OFFICE, E.G. 2295 GENESEA LANE FWD BOOK, VERO BEACH, FLORIDA 32963 004 rE, (772) 231-8750 FEBRUARY 2003 ...\PARCELS802\tces\tce704.dgn 02/26/0301:44:26 PM CHECKEO, G.M.B. SCAlf, I" , I DO' ORAW1NG NO., 615TGE704 OF SH££ T 3 3 l \.t' ~ AGENDA REQUEST ITEM NO. ("7(' DATE: June 22, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Right-of-Way Bonnie Schwarz - Tax I.D. No. 3404-223-0000-000/4 - Parcel 118 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDA TION: Staff recommends that the Board approve the Contract for Sale and Purchase with Bonnie Schwarz in the amount of FIFTY TWO THOUSAND ONE HUNDRED FIFTY and 00/100 DOLLARS ($52,150.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: IX! APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 [XX] County Attorney: f);- Review and Approvals [XX] Public Works Director~ [XX] County Engineer: IWlp [XX] Originating Dept.: 1f'1\~- [ ] ERD: [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G: \ACQ\ WP\J oAnn\25th Street\Schwarz\Agenda Request.wpd '-' "'" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY I FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: June 22/ 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Right-of-Way Bonnie Schwarz - Tax I.D. No. 3404-223-0000-000/4 - Parcel 118 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On March 10, 2004/ an offer was made to Mrs. Schwarz in the amount of $42,200.00 for ParcelU8 and $700.00 for Parcels 707 and 708; totaling $42,900.00. The offer amounts were based on an approved appraisal report (for ParcelU8) prepared by Daniel K. Deighan, MAI, and a value finding report (for Parcels 707 and 708) prepared by Brian Mekarski. The reports were reviewed and approved by Daniel D. Fuller, MAI, as required by the Department's procedures. Subsequently Mrs. Schwarz has agreed to execute a Right-of- Entry Agreement for a new driveway connection, which eliminates the need for the Temporary Easements. The acquisition area of Parcel 118 is a narrow strip taking along the western portion a .98-acre commercial office property that fronts South 25th Street. The total area of ParcelU8 contains 2,042 square feet. The only improvements within the proposed acquisition area consist of assorted landscaping, 780 square feet of concrete driveway and two (2) small business signs. On May 18/ 2004/ Mrs. Schwarz submitted a counteroffer in the amount of $52,150.00 for ParcelU8, which represents an increase of $9,250.00 over the County's initial offer. Included in the counteroffer proposal are three conditions that Mrs. Schwarz has requested from the County; a letter or documentation from the County that if she decides to pave a new parking area after the road construction, it will be permitted in accordance with the County's current code and regulations Uust in the event the County revises the requirements in the near future); she can retain the two business signs that are being acquired by the County; and the County will construct a 25' wide driveway versus the two smaller driveways that are shown in the current plans. These conditions have been reviewed by County staff and recommend that these conditions be accepted. ~ ""'" Page 2 Bonnie Schwarz - Tax LD. No. 3404-223-0000-000/4 - Parcel 118 Mrs. Schwarz counteroffer is based on several factors. She states that she is losing two parking spaces as compared to the one stated in the County's appraisal report, which values a parking space at $5,000.00. Also, it is her opinion that due to the location of her property and the limited commercial zoned property along this portion of South 25th Street, the land is worth $5.50 psf and not $4.00 psf (offer amount). The difference of land value equates to an additional $3,050.00, which when added with the additional parking space value ($5,000.00) and an additional $1,200.00 for landscaping items, represents the counteroffer increase. In discussing the counteroffer with the County's appraiser, he stated that although the additional parking space was unpaved, he confirmed that two parking spaces are within the acquisition area and should have been recognized in the appraisal. Regarding land value, the appraiser's adjusted range of value of the comparable sales was from $3.82 to $5.51 psf. Although Mrs. Schwarz's land value is at the high end of Mr. Deighan's adjusted range of value, her value cannot be discredited. Mr. Deighan indicated that if he were to update his appraisal report, he would likely be in the range of $50,000.00 to $51,000.00. It should be noted that the parcel is being acquired in accordance with the Department's procedures, which by Florida law, entitles the property owner to certain rights including the reimbursement for attorney fees and other expert fees that the owner would incur associated with the County's acquisition. As of now, Mrs. Schwarz has not retained an attorney or any other experts. Based on past experience, the County Attorney estimates the County could incur fees and expert witness costs of approximately fifteen thousand and 0/100 ($15,000.00) dollars to thirty thousand and 0/100 ($30,000.00) dollars even in the best case situation where a jury agreed with the County's value. Both the County Attorney and the County's Right of Way Consultant, Brian Mekarski, recommend that the County accept the owner's proposal. RECOMMENDA TION: Staff recommends that the Board approve the Contract for Sale and Purchase with Bonnie Schwarz in the amount of FIFTY TWO THOUSAND ONE HUNDRED FIFTY and 00/100 DOLLARS ($52.150.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, G:\ACQ\ WP\JoAnn\25th Street\Schwarz\Agenda Memo.wpd ~ ...., PROJECT NAME: South 25th Street PARCEL NAME: Schwarz - Tax I.D. No. - 3404-223-0000-000/4 - Parcels 118/707/708 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY THIS AGREEMENT made this _ day of . 2004, between BONNIE E. SCHWARZ. whose address is 4720 South 25th Street. Fort Pierce. Florida 34981, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, 2300 Virginia Avenue. Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida. being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. hHy /we ík."~..,,,J. Orle... I-IW\.d.r<..d ç;'R-y The full purchase price is Ferry Tv.·s Tket;lsClnd Nine Hundred Dollars, ( to be the total of the following: Real Property (Land) /1,,"I50,Uê) ~ $8.200.00 y¡ .;¡ () t/-ni. ç?> J. t~· $19.200.0e-1)J'ó Improvements Other than Buildings (described in Exhibit "B", if any) Personal Property (Described in Exhibit "A", if any) $0.00 Severance Damages (including cost to cure) $14.800.00 $-700.09- If' Other - Temporary Construction Easements payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. Purchaser shall pay for documentary stamps and recording fee on the Deed conveying the subject real property to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice. certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller. free and ~ .."", clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time. all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights. duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey title to Purchaser by a good and sufficient statutory Warranty Deed. and if personal property is included, same shall be conveyed by proper Assignment or Bill of Sale, all real and personal property to be free and clear of all liens, judgments, and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by Seller, Seller shall make and deliver to Purchaser a Mechanic's No-Lien Affidavit as to realty and an Affidavit as to no liens or encumbrances of any personal property. 6. PRORA TIONS. Taxes, rents. interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the Seller. 7. RISK OF LOSS. Seller assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract. ordinary wear and tear excepted. 8. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. CLOSING. The closing shall be on or before JULY 30. 2004 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the 2 '-' ....., abstract shall become the property of the Purchaser, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee. incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to deed recording, provided delivery of the deed and payment of the purchase price occur in the same day at the same time. 3 '-" '-' 17. RECISION. Purchaser may rescind this contract if at the time of closing the Seller is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. Seller hereby warrants that existing mortgages are in good standing and Seller further agrees to keep them in good standing and to make all payments due thereunder: he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of anyone of the Sellers to execute the deed or any other required document, shall be deemed default of the Seller. 20. OFFER TO SELL. Seller and Purchaser recognize and agree that by signing this agreement first. the Seller is offering to sell the property described in Exhibit "A" to the Purchaser in accordance with the terms and conditions of this agreement. If Purchaser shall fail to approve this agreement within sixty (60) days after Seller signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) Annexed hereto and made a part hereof as Exhibit "c" is a list of all leases. tenancies, and occupancies affecting the rent. expirations, and security deposit if any. with respect to each such tenancy or occupancy, which Seller warrants and represents is true and correct. There are no other leases. occupancies, or tenancies except as reflected in said Schedule, and none will be agreed to prior to closing without Purchaser I s consent. True and correct copies of all said leases, if any, have been delivered to Purchaser, and Seller warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "C". alterations, installations, and other work required to be performed by the Seller under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing. be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy. or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) Neither Seller nor the respective tenants nor parties to any of the agreements listed in Exhibits "C" or "D" attached hereto are in default under the terms of said Agreement of instrument. (c) Seller has not entered into any contracts, subcontracts. licenses, concessions, easements. or other agreements, service arrangements, either recorded or unrecorded. written or oral. affecting the property other than those set forth in 4 '-" ....., Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid. bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms- length transaction. True and correct copies of said instruments have been delivered to the Purchaser, and the Seller represents that there are not now and will not be at the date of closing. amendments or modifications or any waiver by any party of any of the provisions thereof. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) Seller warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the subject property or employment contracts exist. except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the Purchaser. (f) Annexed hereto and made a part hereof as Exhibit "F" is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to Purchaser true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) Seller agrees with Purchaser that from and after the date hereof and prior to closing, Seller will not enter into any lease or agreement or any modification of any existing lease of agreement pertaining to the subject property without the written consent of Purchaser. (h) All of Seller's representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of Seller involving action or performance by Seller prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, Seller shall at its sole cost and expense defend against such claim or cause of action. and hold Purchaser harmless therefrom, which shall include, but not be limited to, Seller's retaining such attorneys or other persons as may be required to fulfill this indemnification. (i) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance. statute, or regulation pertaining thereto and Seller has received no notice of any such violation. Seller shall deliver to Purchaser any such notice received prior to or after closing. If any of the representations of Seller contained in this paragraph are inaccurate at the present time or as of the date of closing, Purchaser may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude Purchaser from seeking specific performance of Seller's obligations hereunder so 5 ~ '-" as to rectify any misrepresentation made by Seller herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. In the event that. between the effective date of this Contract and the closing of the transaction contemplated herein, environmental contamination of the Property has resulted or is discovered, the Purchaser, at its sole option, may elect to terminate this Contract without further liability. Should the Purchaser elect not to terminate this Contract, Purchaser shall be entitled to an appropriate adjustment in the purchase price based upon the estimated cost of clean up of the environmental contamination. In the event that environmental contamination is discovered after closing. Seller shall remain obligated, with such obligation to survive delivery of the deed and possession, to diligently pursue and accomplish the clean up of any environmental contamination where the event(s) alleged to have caused the contamination occurred prior to closing in a manner consistent with all applicable laws, rules, regulations and ordinances and at Seller I s sole cost and expense. In addition. Seller represents that the ground water in Sellers cone of influence is not contaminated. Seller shall indemnify and save harmless and defend Purchaser, its officers, servants. agents and employees from and against any and all claims, suits. actions, damages. liabilities, expenditures or causes of action of whatsoever kind arising from the environmental contamination. Seller shall defend, at its sole cost and expense. any legal action, claim or proceeding instituted by any person against the Purchaser as a result of any claim. suit, or cause of action for injuries to body, life, limb or property for which the environmental contamination is alleged to be a contributing legal cause. Seller shall save the Purchaser harmless from and against all judgments, orders. decrees. attorney fees, costs. expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs. executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. 24. SIGNS. The parties hereby agree to allow the Seller to retain the two (2) business signs within the proposed area of Parcel 118. The County agrees to allow the Seller to relocate the signs to within eighteen (18) inches of the proposed right-of-way. Seller agrees to locate the signs in accordance with the County's sight distance requirement (20 ft.). 6 "" "'-' 25. NEW DRIVEWAY LOCATION. (a) The County agrees to construct a new driveway as shown in Exhibit "A-l". which reflects an approximate location for the new 25 ft. wide driveway. (b) The construction of the new driveway is contingent upon Bonnie Schwarz executing a Right-of-Entry Agreement for the area needed for the construction of the new driveway. (c) In lieu of Bonnie Schwarz executing a Right-of-Entry Agreement, the Temporary Construction Easements (Parcels 707 and 708) are voided. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this Il\+l day of J~ .2004. STATE OF FLORIDA COUNTY OF ST. LUCIE Æ The foregoing instrument was acknowledged before me this 14+1.... day of , J ~ 2004, by Bonnie E. Schwarz, who is personally known to me or who has produced a Drivers License issued within the last five years as identification. (NOTARY PUBLIC) SEAL ~CL ~~ o ry Public - :J: A,J,J M(A.f!..¡ ~ f. 1<:1 (Print. Type or Stamp Name of Notary Commission No: Cc q 8r15ó My Commission Expires: );:¿- '1--::2.#1) tf ,t--:r.~:r~. JoAnn Marie Riley ~: ~'ì.&:'\:~ MY COMMISSION # CC985750 EXPIRES ~·å~~"l December 4, 2004 "''l..jj(,,~~' BONDED THRU TROY FAIN INSURANC~ INe. 7 '-' """ EXECUTED by PURCHASER this _ day of .2004. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 8 \w LEGAL DESCRIPTION PARCEL 118 '-' EXHIBIT "A" Page 1 of3 BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: CŒMMENCING AT A FOUND PK NAIL a WASHER STAMPED "PCP LB4286." AT THE WEST. QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 00°14'50 WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST DUARTER OF SAID SECTION 4 (BEARINGS ARE BASED. ON· SAID WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO), A DISTANCE OF 1335.28 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QU~RTER OF SAID SECTION 4; THENCE CONTINUE NORTH 00°/4 '50" WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, A DISTANCE OF 510.00 FEET; THENCE NORTH 89.°45'10" EAST DEPARTING SAID WEST LINE. A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 6 I 5 (S 0 U TH 25 T H. S T R E E T ) AND THE POI NT Of BEG INN I N G 0 F THE FOLLOWING DESCRIBED PARCEL 1 18; THENCE NORTH 00°/4'50" WEST ALONG SAID EAST RIGHT OF WAY L I N E . A D 1ST A N CEO F / 65 . 00 FEE T ; . TH E N C E NORTH 89°45' 10" fA.ST DEPARTING SAID EAST RIGHT OF WAY LINE. A DISTANCE OF /5.44 FEET; THENCE SOUTH 01°53"'00" WE-ST. A DISTANCE OF 165. I 1 FEET; THENCE SOUTH 89 ° 45 ' 0 " WE S T ,A DISTANCE OF 9.30 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAl OF 2,042 SQUARE FEET. MORE OR LESS. G. M A I N BU R D E T T E FLORID1/SURVEYOR AND MAPPER DATE: NtJV. IO)~oo3 BURDETTE 8 ASSOCIATES, INC. · 4 I 36 PREPARED FOR, LEGAL DESCRIPTION AND SKETCH - PARCEL 118 ST, LUCIE COUNTY/ FLORID-A OFFICE, CHECKED, BURDETTE & ASSOCIA TES, INC. E. C. G. M. B. 2295 GENESEA LANE FIELD BOOK, VERO BEACH, FLORIDA 32963 DATE, (772) 231-8750 NOVEMBER 2003 ...-\P ARCELS802\P ARC Ell 18. DGN 11 /l 0/03 08:02: 13 AM SCAL£, NOT TO SCALE DRAWiNG NO., 675PAR718 OF SHEET 1 3 ~ EXHIBIT flAil Page 2 of 7 SEE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4 ------------- ABBREVIATIONS / LEGEND, ~ . PROPERTY LINE ~ . BASELJNE fl . CEN TERLl NE EXIST. . EXiSTING FND. . FOUND N.S.L.R.'II.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT · POINT OF BEGINNING · ,POINT OF COMMENCEMENT · R I GH T OF 'itA Y · SQUARE FEET · SUBJECT PARCEL P.O.B. P.O.C. RI'II SO. FT. r'·~·:","':< Bearing Basis: West Line of the S.W. 1/4 of the N.W. 1/4 of Section 4 (N 00°14'50" WI EXIST. R/WLlNE S 89°50:53" 'II '" ~ ----------- ,-S 89°53'36-E (QUARTER SECTION LINE) '" \ '-S 89°50'53" 'II (BASELINE) 0 S. R. 7 12 MI DWA Y ROAD - ----------- 1:: -~--I 'I I I I I I N 89°50'53- E EXIST. RIW LINE 100 50 o 100 . -- GRAPHIC SCALE - FEET VARIES w Z w - : --' N 3: ... ...... c:: ,...., ,...., ~ ° Vl 0 W 0 3: Vl ~ Vl - X W I I I~ I I -I-- I If- W W' e:: If- VJ I . 1.£ + IL/ì IN . IVJ I 1L!l It.!) I Ie:: JVJ I I , I SHEET 3 ~C' ~C' SECTION 4 TOWNSHIP 36 SOUTH 1 RANGE 40 EAST 3: O· ,,",0 -0 ... . _0 3: A.;., ""'N ...~ -,...., ° ,.., 0_ o z - w w :z: - :z: --' - 3: --' :z: : 3: 0 0 ...... - ~ LI1 c:: U ... ~ w Vl - Vl ° oCt 0 w >- 0 w Z ~ > c:: Vl ::J - Vl x w ~C' ~C' SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER QF SECTION 4 N ------------ .~ ----- J~. o...JfJi~ "I r . ''Jr NOTE, BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF /983/1990 READJUSTMENT. THE WEST' LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, 'TOWNSHIP 36 SOUTH,' RANGE 40 EAST BEARS. NORTH 00°/4'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. . IPO I NT OF COMMENCEMENTI P.I. STA. 36+45.30 I OF SURVEY S.R. il5 (SOUTH 25th. STREET). WEST 1/4 CORNER SECTION 4 ð,·OO·02·OO- tLT.) N-I/05742./19 E· 867001.771 FNO. PK NAIL a WASHER ~CP L8 4286- EXIST. R/W LINE S 89°59'23" W N 89°47'36-E (OUARTER SECTION LINE) S 89°59'23~ 'II (BASELINE) /"EXIST. RfW LINE N 89°59'23" E 712 PREPARED Foil, LEGAL DESCRIPTION AND SKETCH ¡THIS IS NOT A SURVEY PARCEL 118 ST, L,UCIE COUNTY; FLORIDA OFF! C[. E.C. FIELD BOOK. CHECKED. G. M. B. SCALE. BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 ÐA TE, (772) 231-8750 NOVEMBER 2003 ... \PARCELS802\PARCELl18.DGN 11110/0308:02:54 AM I· . 100· DRAWING NO., 675PAR178 or SHEE T 2 3 ."" I I w '-' N I I :z: -1 SECTI ON 4 :s: I == TOWNSHIP 36 SOUTHl "- I I a: RANGE 40 EAST ~ I . 0 I f- V) ¡ Ln I ~ LU EXHIBIT "A" :~ r- "<J" f- Page 3 of3 Lf) 0 I V) 0 ,W 0 I x LU N 89045' /0" E ¡W :z I /5.44 ' 10::: I .00' \ IV) ~ I I 0 IL ~ 1+ lD V) W Lf) 0:: IN Lf). « > I :r: I W f- a LU , a z: - IV). t.r>3= ...J N _ 1 . 3: t.r> 3= "- t.r> "- I 0:: 0 0:: - I o -1 f- « 1Lf) V) :z: :z: 0 x ,- W' f- a Lf) ~ ¡lDLf) . \ 10 ~o::: I 0 IV) I I I I ~ I Lf) , I 40.00' w :z -I :z 0 I- U w FT. l/) ;:- w >- a::: =:J f- l/). V) œJ == -11 3: N 89°45'10" E 0- ~I 40.00' LnO f- - 0 ~ "<J" . ADD IT I ONAl R /W -0 LU o - . I (WI.DTH VARIES) OLn . t;;¡ 0 :z è;5/ 50 25 0 50 \t 40.00' GRAPHIC SCALE - FEET SEE SHEET 2 LEGAL DESCRIPTION AND PREPARED FOR, [THIS [S NOT A SURVEY SKETCH -PARCEL 118 S T, L U C / E C 0 U NT Y I F LOR / D A BURDETTE & ASSOCIA TES, INC. OFF/CE, E.C. 2295 GENESEA LANE Fino BOOK. VERO BEACH, FLORIDA 32963 DA TE. (772) 231-8750 NOVEMBER 2003 ...\PARCELS802\PARCELl18..DGN 11110/0308:04:31 AM CHECKED, G. M. B. SCALE, NOT TO SCALE DRAWING NO.. 675PAR118 OF SHEE T 3 3 --:;:::;::::::! '-' ~ , I (:1 h I ,Bi! ¡: I ! I;) ¡ ¡: I !:! I ,; I I !: I I: ¡ I: I I I: ! I: I I I: f ! ~: ; ; -, I ¡ I ~! II<. , / I J~ ~":I It E*¡:I I ~ ;J: I I.¡, .¡,/:! ¡ I.¡ J:/ I ~~~ il r I;i I j;t j ', . . :. I ! i ~ ¡ " 1 ,.. , (. ,I' Ii " I I I. I;! I ;1 I I :1 I @I:II ~ ;1 I II) I: II I i I / I: II \ : l! "I' / _ :~ì~- -~~- - ~ :¡". ~,t _ .·~I !1¡'" ......_._~....:.... ",¡' '. -~. ,~- ' /u :,..' ~.<>, \ I if \ ' "~ I :, t ' I i¡ I :1 I I :i I I I, I ! :1 I 1 :11 I i:sJ J I ~ I "II I ~ I I 1iõ¡ 1 I :::¡I ~ "'IV) ~ ~~ ~ , I : I WI .! . : 'I '. J : /. : ¡' I : 1\ ¡ ! / ¡-. I . J Il! I : I ¡ I \ ; ',,: J __. :.......1_. --:-J.~' I i I! ¡ Iii . a. '. ii, . -:Y~'í""'" ~ ! l.' ,... ".-5'ti-(\i \. j ill I if.. i~ I .d \ :1' I I I ,: \.J /.1 !'-... ~?/ I _~.--;;..... I : ~~ _.:.: !3g I i ¡."'. ~ ; ~~ I :, \ I ... . I , ! I I I I I ! I : iB '1' ! I I I 1 I I I I I I I I I ce ceo, ~~~ :e~ ~cð ~.........I.t') 1I:~1f' . -<:15~:¡: ~::.:eQ cðc::, :t1.¡1.¡-<: II) -<:'" . ~el<J:3~ c ..,"'~ ~ ::,~ ~~~ .¡:¡ ::.~¡;:~o, 1<J-<:-<:11J~ ¡jQQI<.II i<J~~Il1~ ~-<:I:>..:11J :e:e.¡.1<. ~ h a <: '-' ....., EXHIBIT "B" IMPROVEMENTS OTHER THAN BUILDINGS Concrete drive - 780 square feet Wood sign - 2 Assorted Landscaping 13 '-" ...." EXHIBIT "C" SCHEDULE OF LEASES. TENANCIES AND OCCUPANCIES 14 '-' .""", EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS 15 '-' 'wi EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 16 ., '- EXHIBIT "F" POLICIES OF INSURANCE G: \ACQ \ WP\J oAnn \25th Strcct\Schwarz\Contract3. wpd 17 .",-", \.. \..f AGENDA REQUEST 'w1I ITEM NO. C7D DATE: June 22, 2004 REGULAR [ ) PUBLIC HEARING [ ) CONsENT [XX) TO: BOARD OF COUNIY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Florida Communities Trust Capron Trai I Park / FCT Project 03-069-FF3 Grant Award Agreement BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 20, 2003 - Received Board of County Commission authorization to submit a Grant Application to Florida Communities Trust for the Capron Trail Park project. June 3,2003 - Board of County Commissioners approved the Contract for Sale and Purchase of the Capron Trai I Park project. December 2, 2003 - Received Board of County Commission approval authorizing the Chairman to execute and transmit the Grant Contract to Florida Communities Trust. RECOMMENDATION: Staff recommends that the Board approve the Grant Award Agreement, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: K1 APPROVED [ ] OTHER: [ ) DENIED Approved 5-0 [XX] County Attorney: ~/ Review and Approvals ] Growth Management: ]OMB: [XX] Originating Dept.: :rfV\-~ ] Parks & Recreation: ] Road & Bridge: Finance: (Check for Copy only. if applicable) Eff. 5/96 G:\ACQ\ WP\J oAnn\Environmental\Capron Trail\Grant Award Agreement Agenda Item.wpd J \w; \wJI INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY I FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: June 22, 2004 SUBJECT: Florida Communities Trust Capron Trail Park / FCT Project 03-069-FF3 Grant Award Agreement BACKGROUND: On May 20, 2003, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for the Capron Trail Park project. On June 3, 2003, the Board of County Commissioners approved the Contract for Sale and Purchase of the Capron Trail Park project. On October 3, 2003, Florida Communities Trust (FCT) awarded the County a grant in the amount of 40/0 of the project costs or $1.185,486.00; whichever is less, to reimburse the County for the cost of acquiring the Capron Trail Park project. The remaining 60/0 of the acquisition costs were provided from the proceeds of a bank loan as recommended by the County's financial advisor. RECOMMENDA TION: Staff recommends that the Board approve the Grant Award Agreement, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. G:\ACQ\WP\JoAnn\Environmental\Capron Trail\Grant Award Agreement Agenda Memo.wpd -, . '-' 'wi This document prepared by: Kristen L. Coons Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORIDA COMMUNITIES TRUST FF3 AWARD #03-069-FF3 FCT Contract# CAPRON TRAIL PARK GRANT AWARD AGREEMENT THIS AGREEMENT is entered into this _ day of , 2004, by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and ST. LUCIE COUNTY, a local government ofthe State of Florida ("Recipient"), in order to impose tenns, conditions, and restrictions 0 n the use 0 fthe proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 259.105, 259.1051, and 380, Florida Statutes. WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations t6 carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution oftwenty- two percent (22%) less certain reductions ofthe net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments and nonprofit environmental organizations through the FCT for acquisition of community-based projects, urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation areas to implement local comprehensive plans; WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; GAA\03-069-FF3 June 6, 2004 1 '-' 'wJ¡I WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding in accordance with Rule Chapter 9K - 7, F.A. c.; , WHEREAS, the FCT has approved the tenns under which the Project Site is acquired and the deed whereby the Recipient acquires title to the Project Site shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and shall contain clauses providing for the conveyance oftitle to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its cost reimbursement using funds from the Florida Forever Trust Fund award. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows: 1. GENERAL CONDITIONS. 1. Upon execution and delivery by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of St. Lucie County, Florida, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax-exempt status of the Florida Forever Bonds is not jeopardized, FCT and Recipient shall amend the Agreement accordingly. 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the Recipient and FCT. GAA\03-069-FF3 June 6, 2004 2 ~ "WIÌ 4. This Agreement and the covenants and restrictions contained herein shall nm with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the Recipient and their respective successors and assigns. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 ATTN: Program Manager Recipient: St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 ATTN: County Administrator 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES. 1. If any essential tenn or condition ofthis grant agreement is violated by the Recipient or by some third party with the knowledge of the Recipient and the Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees ofthe Internal Improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4)(e), Florida Statutes. 2. Any transfer of the Project Site shall be subject to the approval ofFCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other GAA\03-069-FF3 June 6, 2004 3 '-" 'wII restrictions as are sufficient to protect the interest of the people of Florida. 3. The interest, if any, acquired by the Recipient in the Project Site will not serve as security for any debt of the Recipient unless FCT approves the transaction. 4. If the existence of the Recipient tenninates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 5. In the event that the Proj ect Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat ofthe exercise ofthe power of eminent domain, the Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any ofthe foregoing, FCT will have the right to seek specific perfonnance of any ofthe covenants and restrictions ofthis Agreement concerning the construction and operation of the Proj ect Site. III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE RECIPIENT. 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for passive, natural resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT 2. The Recipient shall prepare and submit to FCT an annual stewardship report as required by Rule 9K-7.013, F.A.C. 3. The Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the Recipient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle GAA \03-069-FF3 June 6, 2004 4 '-" "'" available to the Recipient. 4. Recipient shall ensure, and provide evidence thereofto FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 7. All buildings, structures, improvements, and signs shall require the prior written approval ofFCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. 8. If archaeological and historic sites are located on the Proj ect Site, the Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9. The Recipient shall ensure that the Project Site is identified as being publicly owned and 0 perated a sap assive, natural resource-based public 0 utdoor recreational site in all signs, literature and advertising regarding the Project Site. The Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT and Recipient. IV. OBLIGATIONS INCURRED BY RECIPIENT AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE. 1. If the Project Site is to remain subject, after its acquisition by the State and the Recipient, to any of the below listed activities or interests, the Recipient shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to F CT such information with respect t hereto as FCT reasonably requests in order to GAA\03-069-FF3 June 6, 2004 5 '-" "" evaluate the legal and tax con-sequences of such activity or interest: a. any lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site to a non-governmental person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with a non-governmental person or organization; d. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; e. organization; and a management contract ofthe Project Site with a non-governmental person or f. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 2. Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be pennitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; b. the operation of a concession on the Project Site by a non-governmental person or organization; c. a sale ofthings attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; d. any change in the character or use ofthe Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; e. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. a management contract of the Project Site with a non-governmental person or organization; and g. such other activity or interest as may be specified from time to time in writing GAA\03-069-FF3 June 6/ 2004 6 '-" "" by FCT to the Recipient DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE Recipient AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY V. CONDITIONS THAT ARE P ARTICULAR TO THE PROJECT SITE AS A RESULT OF THE FCT APPROVED MANAGEMENT PLAN. 1. Two or more resource-based outdoor recreational facilities including a nature trail and picnic pavilion shall be provided. The facilities shall be designed and located with minimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust and St Lucie County. 3. Interpretive signage shall be provided to educate visitors about the natural environment and unique history of the Project Site. 4. A biological inventory of the natural communities found on the Project Site, including the dominant and listed plant and animal species, shall be conducted prior to any site development The inventory shall be used to ensure the protection of biological resources and be updated periodically. 5. At least 93 acres of natural communities on the Project Site, including mesic flatwoods and wet flatwoods, shall be preserved and appropriately managed to ensure the long-term viability of these communities. 6. The Project Site shall be managed in a manner that will protect and enhance the habitat for native wildlife species that utilize or could potentially utilize the site, including the gopher tortoise. The development of the Management Plan shall be coordinated with the Florida Fish and Wildlife Conservation Commission to ensure the preservation and viability of native wildlife species and their habitat 7. A prescribed bum plan shall be implemented for the mesic flatwood community. A vegetation analysis ofthe remainder ofthe Project Site shall be performed to determine which areas of the Project Site need a prescribed bum regime to maintain fire-dependent natural communities. GAA \03-069-FF3 June 61 2004 7 ~ ...., The development of a prescribed bum plan shall be coordinated with the Division of Forestry and the Florida Fish and Wildlife Conservation Commission. 8. A program to protect and enhance the water quality of water draining into the C-25 canal shall be implemented on the Project Site. 9. Areas around the user-oriented recreational facilities and parking areas shall be landscaped with native plant species to provide wildlife habitat and enhance the function and appearance of the Project Site. 10. Approximately 8 acres of old citrus grove disturbed wetlands shall be restored to a functional wet prairie. 11. An ongoing monitoring and control program for invasive vegetation including exotic (non- native) and nuisance native plant species shall be implemented at the Project Site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The Management Plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Proj ect Site. 12. A feral animal removal program shall be developed and implemented, as necessary, for dogs, cats, hogs, and other non-native wildlife that may be found on the Project Site. 13. A historical survey shall be preformed for any area within the Project Site proposed for development prior to the commencement of proposed development activities in that area. All planned activities involving known archaeological or historical sites or identified site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. A protection plan shall be developed and implemented in conjunction with the Division of Historic Resources for the protection of known historic sites located on the Project Site. 14. Major site improvements, including parking and athletic fields, shall be located in such a manner that these facilities shall have minimal impact on the natural resources on the Project Site. The parking area shall incorporate pervious material wherever feasible. Stormwater management facilities on the Project Site shall be designed to provide recreational open space or wildlife habitat. 15. Pedestrian and bicycle access to the Project Site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with adjacent residential neighborhoods. Bike parking stands shall be installed at the Project Site to provide an alternative to automobile transportation to the Project Site. 16. The Project Site shall be developed and managed as a support parcel ofthe Capron Military recreational trail system and include trailhead facilities. GAA\03-069-FF3 June 6/ 2004 8 "'" , ....." 1 7. Proposed site improvements shall be designed and located to minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 18. The requirements imposed by other grant program funds that may be sought for activities associated with the Project Site shall not conflict with the tenns and conditions ofthis Agreement. This Agreement including Exhibit "A" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. ST. LUCIE COUNTY, a local government of the State of Florida Witness: Print Name: By: Print Name: Title: Date: Print Name: Approved as to Fonn and Legality(County): By: Print Name: STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of 2004, by as ofSt. Lucie County, on behalf of the Local Government, and who is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: GAA \03-069- FF3 June 6, 2004 9 \...-. ..., Witness: FLORIDA COMMUNITIES TRUST Print Name: By: Kathy Baughman McLeod, Community Program Manager Date: Print Name: Approved as to Form and Legality: By: Kristen L. Coons, Trust Counsel STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this _ day of 2004, by Kathy Baughman McLeod, Community Program Manager on behalf of Florida Communities Trust. She is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: GAA\03-069-FF3 June 6, 2004 10 ~ ...., EXHIBIT "A" PARCEL ONE: THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, IN ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPT THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION, SUBJECT TO THE EFFECT OF ANY DEDICATIONS FOR CANAL AND FOR EMERSON A VENUE ON THE WEST SIDE OF THE ABOVE DESCRIBED PROPERTY AND ANY DEDICATIONS FOR CANAL ON THE EAST SIDE OF THE ABOVE DESCRIBED PROPERTY, LESS AND EXCEPT PROPERTY CONVEYED TO THE STATE OF FLORIDA IN DEED BOOK 262, PAGE 634 MORE P ARTICULARl Y DESCRIBED AS FOLLOWS: THE EAST 35 FEET OF THE WEST 95 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 11 , TOWNSHIP 34 SOU TH, RANGE 39 EAST, lESS THE NORTH 33 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION. . PARCEL TWO: THE SOUTH 1/2 OF THE NORTHWEST 1/4, IN SECTION 11, TOWNSHIP 34 SOUTH., RANGE 39 EAST, SAID lANDS LYING AND BEING IN ST. lUCIE COUNTY, FLORIDA; LESS AND EXCEPT THE EAST 35 FEET OF THE WEST 95 FEET AND lESS AND EXCEPT RIGHT-OF-WAYS FOR ROAD AND DRAINAGE CANAL. GAA\03-069-FF3 June 6, 2004 11 /' '-' -..I / 411(. .. AGENDA REQUEST ITEM NO. (/7 e DATE: June 22, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Purchase Agreement with New Hope Power Partnership for purchase of wood waste material BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the purchase agreement with New Hope Power Partnership and authorize the Chairman to sign the purchase agreement COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: )ý Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only. if applicable) Eff. 5/96 '-' ..",.¡ , INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-906 DATE: June 17,2004 SUBJECT: Purchase Agreement with New Hope Power Partnership for Purchase of Wood Waste Material ************************************************************************** BACKGROUND: On February 10, 2004, the Board approved a bid waiver and sole source declaration for the purchase of wood waste material from the C&D Processing Facility to New Hope Power Partnership. Attached is a copy of the Purchase Agreement with New Hope Power Partnership which allows the County to sell conforming wood waste to New Hope for use as fuel in their facility in Palm Beach County. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Purchase Agreement with New Hope Power Partnership and authorize the Chairman to sign the Purchase Agreement. DSM/caf Attachment ~ 'wi , PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Aqreement") is entered into between New Hope Power Partnership ("Buyer") and St. Lucie County, a political subdivision of the State of Florida ("Supplier"). 1. SCOPE OF AGREEMENT. Supplier will sell conforming wood waste to Buyer so that the Buyer can use this material as fuel in the Buyer's cogeneration facility ("Buyer's Facility") in Palm Beach County, Florida. 2. CONFORMING WOOD WASTE. "Conforminq wood waste" or "Fuel" means clean woody material that complies with all of the criteria set forth in this Agreement. Conforming wood waste consists of one or more of the following materials: (a) clean wood pallets and (b) clean wood that has been removed from construction and demolition debris. 3. SPECIFICATIONS FOR CONFORMING WOOD WASTE. The conforming wood waste provided by the Supplier must comply with all of the specifications ("Specifications") in this Section 3. 3.1 Conforming wood waste must be: a. Free of grass, leaves, palm fronds and palm trees; b. Free of trash, garbage, sludge, hazardous waste, municipal solid waste, biohazardous waste, biological waste and medical waste; c. Free of plastics, rubber, glass, paper, and painted wood, except for incidental amounts, which shall not exceed one-half percent (0.5%), by volume or weight on an as received basis, as determined by a measurement or visual inspection by the Buyer; d. Free of chemically treated wood (Le., wood containing chromated copper arsenate (CCA), creosote, pentachlorophenol, or other chemicals), except for incidental amounts, which shall not exceed one-tenth percent (0.01 %), by weight, on an as received basis; e. Free of cans (aluminum, metal, etc.); and f. Free of foreign materials, including, but not limited to, metal, rock, concrete, soil, paper, petroleum products, chemicals, and other impurities. 3.2 Conforming wood waste must contain less than 1,000 parts per million (1,000 ppm or mg/kg) of potassium and less than five percent (5%) dry ash. 3.3 The moisture content of conforming wood waste must not exceed thirty-seven percent (37%). 3.4 Conforming wood waste must be shredded, chipped or processed as necessary to ensure that: 1 '-' "w!I I a. all of the pieces of wood are less than six (6) inches in any dimension; b. ninety-five percent (95%) of the pieces are less than four (4) inches in any dimension; and c. eighty-five percent (85%) of the pieces are greater than one quarter (1j.¡) inch in their smallest dimension. 4. TERM. The initial term of this Agreement is June 1, 2004 through May 31, 2009. Thereafter, the Agreement shall automatically renew for four consecutive one-year terms unless either party gives notice to the other of non-renewal at least 60 days prior to the anniversary date of the term or renewal term then in effect. 5. QUANTITY AND DELIVERY OF FUEL. 5.1 The estimated quantity of Fuel to be sold and purchased during the initial five year term of this Agreement is 100,000 tons, which shall be provided at a rate of approximately 20,000 tons per year. However, these good faith estimates shall not obligate Buyer to purchase any minimum amount of Fuel nor obligate Supplier to provide any minimum amount of fuel. 5.2 The Supplier shall deliver Fuel to the Buyer at the St. Lucie County Solid Waste Bailing and Recycling Facility ("Supplier's Facility"). Supplier shall load the Fuel into the trucks of Buyer or its contractors ("Trucks"). Supplier shall use its best efforts to fill the Trucks expeditiously upon their arrival at Supplier's Facility, and to load the Trucks fully, without exceeding the maximum load allowed under any applicable laws or regulations. Supplier will be responsible for any damage it causes to Trucks, normal wear and tear excepted. Trucks will be weighed on Supplier's weight scales when they arrive (empty) at and when they leave (loaded) from the Supplier's Facility. All trucking costs are the responsibility of Buyer. Supplier shall complete and provide to Buyer a weight ticket (in a form acceptable to Buyer) for each load of Fuel that Supplier provides to Buyer. The parties shall work together to develop the schedule and other procedures for the delivery of Fuel to the Buyer at the Supplier's Facility. 6. RISK OF LOSS, TITLE AND ACCEPTANCE. Title to and risk of loss for Fuel shall transfer to Buyer upon Supplier's Tender of Delivery. "Tender of Delivery" occurs when possession of Fuel is taken by Buyer, or its agent, at Supplier's Facility. Fuel will be subject to final inspection and acceptance at Buyer's Facility, whether or not payment has been made for the Fuel. 7. PRICE AND PAYMENT. 7.1 The price and payment terms for Fuel ("Price") is $5.50 per ton. The Price is exclusive of any sales, processing, excise, value added or other taxes, and when required by law, such taxes .shall be added to the Price on the related invoice. 7.2 Supplier shall invoice Buyer on the first of each month. Supplier's invoice shall identify the number(s) of the weight ticket(s) to which it applies. Invoices which do not bear a weight ticket number will be returned to Supplier for re-invoicing. Invoices shall be due and payable within twenty (20) days from the invoice date. Payment of invoices shall not constitute acceptance of the Fuel. 2 '-' """'" 8. SUPPLIER'S WARRANTIES. Supplier represents and warrants that: a. Supplier has good and marketable title to the Fuel, free of encumbrances; b. the Fuel will conform to the Specifications and other requirements in this Agreement; and c. Supplier will comply with all federal, state, and local laws and regulations applicable to the Fuel and its activities under this Agreement. 9. NON-CONFORMING WOOD WASTE The Buyer may reject any wood waste or other material provided by the Supplier when the Buyer, in its sole judgment, reasonably concludes that the wood waste or other material does not comply with the requirements in this Agreement for conforming wood waste. In the event the Supplier provides Buyer with wood waste that does not conform to the Specifications, Buyer may: (a) refuse to accept the Supplier's Tender of Delivery at the Supplier's Facility; (b) return the wood waste to Supplier's Facility at Supplier's expense; or (c) dispose of the wood waste in any lawful manner, at Buyer's expense. In any case, however, Buyer shall have no obligation to pay Supplier for wood waste or other material that does not conform to the Specifications and other requirements in this Agreement. 10. INDEMNITY AND INSURANCE. 10.1 To the extent permited by law, Supplier shall indemnify and hold harmless Buyer and its Affiliates, from any and all claims, suits, losses, expenses, attorney's fees, including claims attributable to bodily injury, death or injury to, or contamination of, property, provided that any such claim, suit, loss or expense is caused by the Supplier's breach of any of the terms, conditions or warranties contained in this Agreement or the negligent acts or omissions of Supplier. 10.2 Buyer shall indemnify and hold harmless Supplier from any and all claims, suits, losses, expenses, attorney's fees, including claims attributable to bodily injury, death, or injury to, or contamination of, property, provided that any such claim, suit, loss or expense is caused by the Buyer's breach of any of the terms, conditions or warranties contained in this Agreement or the negligent acts or omissions of Buyer. 11. FORCE MAJEURE. The inability of any party to commence or complete its obligations hereunder required resulting from delays caused by strikes, insurrection, acts of God, war, emergencies, shortages or unavailability of materials, weather, change in law or other similar causes beyond the party's reasonable control which shall have been timely communicated to the other party, shall extend the period for the performance of the obligations for the period equal to the period(s) of any such delays(s); provided that such party shall continue to perform to the extent feasible in view of such force majeure. 12. FUEL TESTING. Buyer shall have the right, but not the duty, to test or to observe the testing of Fuel at Supplier's Facility and Buyer's Facility to confirm that the Fuel satisfies the 3 \.t 'wtI Specifications. Buyer reserves the right to reject any Fuel that fails to comply with the requirements contained in this Agreement. 13. MISCELLANEOUS. 13.1 This Agreement constitutes the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this Agreement. Any modification of this Agreement or additional obligation assumed by either party shall be binding only if in writing signed by an authorized representative of each party. 13.2 Any failure on the part of Buyer or Supplier to enforce any provision of this Agreement shall not constitute a waiver of that provision, nor prejudice the right of Buyer or Supplier to enforce the provisions at any time subsequent to any such failure to enforce. The rights and remedies set forth in this Agreement to a nondefaulting party shall be deemed cumulative, and the exercise of one of such rights or remedies shall not operate to bar the exercise of any other rights and remedies provided to a nondefaulting party under the provisions of this Agreement or provided to a nondefaulting party at law or in equity. 13.3 This Agreement may not be assigned or transferred to any other person, firm, corporation, or other entity without the express, prior, and written consent of the other party. 13.4 If either party commences an action against the other to interpret or enforce this Agreement or as a result of a breach by the other party of this Agreement, the prevailing party shall be entitled to recover from the nonprevailing party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such action. 13.5 This Agreement shall be governed by, construed, and enforced in accordance with the laws of Florida without reference to choice of law principles thereof. 13.6 "Affiliate" as it used herein means any entity which controls, is controlled by or is under common control with Buyer. The term "control" means the ownership, directly or indirectly, or the power to direct the voting or disposition, of fifty percent or more of the voting stock or equity interests of the subject entity 13.7 All notices to Supplier or Buyer under this Agreement shall be in writing sent to Supplier or Buyer at the address set below in the signature block of this Agreement. 13.8 This Agreement shall not constitute or be construed as creating a partnership or joint venture between the parties. 13.9 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Further, this Agreement may be executed and delivered via facsimile transmission. Each such facsimile counterpart of this Agreement shall be deemed an original instrument for all purposes. 4 '-' I ..." The parties execute this Agreement as of the last date set forth below. ATTEST: CLERK o BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 By: Print Name: Title: Chairman Date: Approved as to form and correctness: County Attorney NEW HOPE POWER PARTNERSHIP PO Box 9 South Bay, Florida 33493 general partner By 5 , It ~ , . '--' ......, Agenda Request Item Number Date: C,'g(Jr 06/22/04 To: Submitted By: Board of County Commissioners Growth Management Consent Regular Public Hearing Leg./ ] ,/' .' // [ X ] [ ] [ ] Quasi-JD [ SUBJECT: Request of Culpepper & Terpening, Inc., for final plat approval for the project to be known as Las Tortugas at Hutchinson Island (F/K/AJ Riverside @ Island Dunes Subdivision). This project is located on 3.79 acres of property on the west side of South SR A-1-A, directly north of Island Dunes Country Club and west of Regency Island Dunes, Phase II, in the HIRD (Hutchinson Island Residential District) Zoning District. The project consists of 9 single-family lots. BACKGROUND: Culpepper & Terpening, Inc., has submitted the final plat for the project to be known as Las Tortugas at Hutchinson Island located on the west side of South SR A-1-A, directly north of Island Dunes Country Club and west of Regency Island Dunes, Phase II. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On December 2, 2003, through CD-03-020, the Community Development Director granted minor site plan approval for the project to be known as Riverside @ Island Dunes SID. RECOMMENDATION: Approve the final plat of Las Tortugas at Hutchinson Island (F/KlAJ Riverside @ Island Dunes Subdivision) and authorize its final execution. COMMISSION ACTION: [X] APPROVED CJ OTHER CONCURRENCE: D DENIED Approved 5-0 ./ County Attorney ~... Originating Dept.: Finance: <.;oordinationl Signatures M9.!... & Budget: \Yt~ .,/ t-: ~ Dother: - \. '-" ....., jl Commission Review: June 22, 2004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Interim Growth Management Director Date: June 16, 2004 Subject: Petition of Culpepper & Terpening, Inc., for final plat approval for the project to be known as Las Tortugas at Hutchinson Island (F/K/A Riverside at Island Dunes Subdivision). On December 2, 2003, through CD Order 03-020, the St. Lucie County Community Development Director granted minor site plan approval for the project to be known as Riverside @ Island Dunes Subdivision. The project is located on 3.79 acres of property on the west side of South SR A-1-A, directly north of Island Dunes Country Club and west of Regency Island Dunes, Phase II, in the HIRD (Hutchinson Island Residential District) Zoning District and RU (Residential Urban) Future Land Use Classification. The project consists of 9 single-family lots. The associated final plat for this subdivision was received in the office of the Interim Growth Management Director on June 8,2004. This plat has been determined to meet all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes on June 18, 2004. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the plat for the subdivision to be known as Las Tortugas at Hutchinson Island. Please contact this office if you have any questions on this matter. SUBMITTED: cc: Richard M. Ladyko, P.E. Ron Harris, County Surveyor File '\ I ~! .. f-4 CIJ < ~ ~-e ~~ ga~ .. z~ .' o 0< ad;; rl'\ po,.. ~ I~~:II ~~. î \I ~ \I~ Þ-4 .I~ ~ U5~ t ~ ,ad. 9.1 i Z co 0 I!~··i' ir J ~. , 'I Ii I~I . ~ .... i.!' q. ~ I';e!~ ~ I jJ = ø.. - ~~I~!I I~ ~ t-004.. Ind. i t.) = ë ,W~e 'I~ ; ~ 00 ~ ~ II i:¡!ld Ih~~i i ~ Z Z :~ II!i1il I~· I I :::>. 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Item Number C - 8b Date: June 22, 2004 Consent Regular Public Presentation g, [ [ X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Interim Growth Management Director SUBJECT: Temporary office space for Wal-Mart Distribution Center - Memorandum of Understanding (MOU) BACKGROUND: St. Lucie County entered into an agreement with Wal-Mart Incorporated through a Memorandum of Understanding (MOU) for economic development purposes on November 4, 2002. This MOU contains a provision for the County to provide temporary office space for the new distribution center. In that agreement, the County agreed to locate suitable office space for the temp site or pay $6,000 for the temporary space. Suitable office space was not available at the rate of $6,000. The County was able to locate suitable office space at a rate of $15,000 for 140 days. Therefore, this proposed first amendment to the MOU amends the payment schedule for the temporary office space. FUNDS AVAILABLE: Funds are available through professional services account number 001-1515-531000-100. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the first amendment to the Memorandum of Understanding between Wal-Mart and St. Lucie County for temporary office space, authorize the Chair to sign the first amendment to the MOU, and process for payment. COMMISSION ACTION: CONCURRENCE: ~ APPROVED c=J OTHER c=J DENIED Approved 5-0 y~_. County Attorney Originating Dept.: Finance: '-" ""-" ;- COMMISSION REVIEW: June 22, 2004 GROWTH MANAGEMENT Tourism and Economic Development MEMORANDUM TO: Board of County Commissioners FROM: Growth Management, Interim Director DATE: June 15, 2004 SUBJECT: Temporary office space for Wal-Mart Distribution Center - Memorandum of Understanding (MOU) St. Lucie County entered into an agreement with Wal-Mart Incorporated through a Memorandum of Understanding (MOU) for economic development purposes on November 4, 2002. This MOU contains a provision for the County to provide temporary office space for the new distribution center. In that agreement, the County agreed to locate suitable office space for the temp site or pay $6,000 for the temporary space. Suitable office space was not available at the rate of $6,000. The County was able to locate suitable office space at a rate of $15,000 for 140 days. Therefore, this proposed first amendment to the MOU amends the payment schedule for the temporary office space. Staff recommends approval of the first amendment to the Memorandum of Understanding between Wal-Mart and St. Lucie County for temporary office space, authorize the Chair to sign the first amendment to the MOU, and process for payment. Submitted by: VS Attachment cc: County Administrator County Attorney ~ ....., FIRST AMENDMENT TO NOVEMBER 4,2002 MEMORANDUM OF UNDERSTANDING THIS FIRST AMENDMENT is made and entered into this _ day of 2004, by and between ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, (the "County"), and WAL-MART STORES EAST, LP, (the "Company"). WITNESSETH: WHEREAS, on November 4,2002, the parties entered into a Memorandum of Understanding wherein the County agreed to provide certain development commitments and service improvements for the benefit of the Company's proposed project in St. Lucie County, (the "Agreement"); WHEREAS, the Section V of the Agreement provided for County to provide approximately five thousand (5,000) square feet temporary office space to the Company or, if the County was unable to provide such office space, to pay the Company one thousand five hundred and 00/1 00 dollars ($1,500.00) per month or the lump sum of six thousand and 00/100 dollars ($6,000.00) toward the cost of renting such space from a third party; and, WHEREAS, the County was unable to provide the above-referenced office space to the Company; and, WHEREAS, the parties were unable to locate temporary office space at a rent less than or equal to the amount specified in the Agreement; and, WHEREAS, the Company has requested that the Agreement be amended to provide for the County to reimburse it for the actual cost of the rent for the temporary office space; and, WHEREAS, the County is willing to amend the Agreement as requested by the Company. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: 1. Section V. TEMPORARY OFFICE SPACE, of the Agreement is hereby amended to read as follows: V. TEMPORARY OFFICE SPACE The County shall provide temporary office space of approximately 5,000 square feet (3,000 square feet of office and 2,000 square feet of storage) with sufficient parking for such use for a period of approximately 140 days at no cost to the Company. The 1 ~ .~ space shall be available beginning February 23, 2004. A representative from the Company will meet with a representative from the County to approve the proposed temporary office prior to December 22,2003. In the event the County is unable to provide a suitable office, and the Company is required to pay rent to a third party, then the County shall pay the Company the amount of fifteen thousand and 00/100 dollars ($15,000.00) toward the cost of such rent to cover the above described period. 2. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: WAL-MART STORES EAST, LP BY: NAME: TITLE: 2 ~ - "'" AGENDA REQUEST 'wi ITEM NO. C-9 DATE: June 22. 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: SIEMENS BUILDING TECHNOLOGIES-CONTRACT #C04-01-104 CHANGE ORDER NO. 1/ ST. LUCIE COUNTY COURTHOUSE AlC SYSTEM BACKGROUND: On January 6th, 2004 the Board of County Commissioners approved Contract No. C04-01- 104 with Siemens Building Technologies. General description of work to be done under this Contract was: Apogee Energy Management Systems upgrade from Siemens System 600 in nine (9) county buildings. System upgrades are complete with the exception of St. Lucie County Courthouse, both the Siemens System 600 and the Tridium Control System currently controls it. Due to the integration of both of these systems, done by TECO, BGA, a system upgrade to Apogee cannot be completed; Tridium does not have fully tested hardware that would enable an interface. An upgrade to Apogee is needed at the Courthouse to facilitate consistent operation now within county facilities, and future planned growth. Siemens Building Technologies proposes to make modifications and expansions needed to upgrade to Apogee at the Courthouse, replacing the Tridium System and eliminating the interface. (Please see attached scope of work.) Funds, in the amount of $18,000.00, are available in Central Services Reserves. Staff is requesting approval to use these available funds for Siemens to provide this modification at a cost of $15,490.00 and extend Contract #C04-01-1 04 sixty (60) days to do this work. FUNDS AVAIL: 316-1931-599300-100 (Central Services Reserves) PREVIOUS ACTION: The Board of County Commissioners approved Siemens Contract No. C04-01-1 04 on January 6, 2004. RECOMMENDATION: Staff recommends the Board of County Commissioners approve use of Central Services Reserves in the amount of $18,000.00 for Siemens to provide this AlC system modification to St. Lucie County Courthouse at a cost of $15,490.00 and extension of Contract No. C04-1 0-1 04 sixty (60) days, authorizing the Chair to sign the Change Order as prepared by the County Attorney. Staff also recommends approval of Equipment Request EQ04-262 and Budget Amendment #04-154. County Attorney: Originating Dep~'i!\. c.\-- n. t./d" Coordination/Signatures Mgt. & Budget: Mf) \'Y\~ Other: ~ MISSION ACTiON: /XI APPROVED [] DENIED [ ] OTHER: Approved 5-0 Other: C:\DOCUMB_l\ADMINI_l\LOCALS_l\TKMP\AGENDA-COURTHOUSB UPGRADB APOGEE.DOC m ~ W~ Zo 00 _N mM mo -0 :EN :E~ O<C OW~ »0 1--"-- z<cN ::)O~ Om co _0 OLLW LL~~ OOC CLL ~I-<C <cmC Owz m::)W >OC) I-W<C z~ ::)1- OZ OW w:E _D- O- ::)::) -..0 .W I- m '-' >< C W C Z .. wC :Ew :E~ 00:: uo.. wo.. o::<e C/) ww Uu -z ~<e wZ C/)W ~~ I-:E Zu ~~ ...." ... 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C") ~ Z ::::I o U ~ N (0 N ~ o W :it a w 0:: I- Z w :E 0.. 5 a w ~ .." BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Central Services PREPARED DATE: 6/15/2004 AGENDA DATE: 6/22/2004 ,~~T",p'~r~~r"~"''''''''"''.,·'·;.v~:~;¡:';>:'¡~4j ."C ~~~l~~:¿\":" ',,' ~',' ,,', E,R;.~~~~~~4~J~~~~;\"'~· TO: 316-1931-564000-100 MACHINERY AND EQUIPMENT $18,000 FROM: 316-1931-599300-100 RESERVES $18,000 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: N/A N/A N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ý¿¿j BA04·154 ---,.. Jun 14 04 08:23a Siemens Building Tech Inc 772 223 ~130 p.2 SIEME~ 'WI' Proposal St. Lucie County Government Attn. Bob Ettswold No.: 296~N-0749-00 Date: 06111/04 Project: Architect: Engineer: Proposal: st. Lucie County Courthouse System 600 Additions and Modifications NIA TECO BGA Siemens Building Technologies. Inc. proposes to modify the existing System 600 Direct Digital Controls System at the St. Lucie County Courthouse per the attached scope of work. The purpose of the system expansion is to replace the Tridium system per the 12/04/02 system as-builts. Net Price: $ 15,490 Fifteen thousand four hundred ninety DOLLARS Remarks: 1. This proposall8! does 0 does not include control wiring. 2. This proposal 0 does [g does not include the installation of valves and dampers. 3. The following options are available with this proposal: None 4. Otller exclusions and differences: Low Voltage and Power Wiring, Duct Smoke Detectors and Shutdown RelayslWíring, Variable Frequency Drives, Fire/Smoke Dampers or Actuators, Test and Balance. Permits, Fire Alarm Shutdown Relays and Circuits. AHU Starters, Transformers, HOAs, and Disconnects. Proposal Accepted: Siemens Building Technologies, Inc. is authorized to proceed with the work as proposed. The Terms and Conditions of Sale shown on the attached are a part hereof Proposal Submitted: Siemens Building Technologies, Inc., Building Automation Purchaser Seller 296 - Palm City Branch By By Bradley L. Ayres Title Title Sales Engineer Date Date 06/11/04 This proposal is valid for 30 days Page 1 of 3 ~~~ 14 04 08:24a ~ SIEMENS Siemens Buildln~ Tech Inc 772 223 7130 p.3 ....", TERMS AND CONDITIONS OF SALE (Contract Sares) 1. REMITTANCES All invoices shall be due and payable upon receipt in United States currency, free at exchange, or any other charges, or as otherwise agreed upon and set forth in writing by Siemens Building Technologies, Inc. (hereinafter called "Sene"'). The Customer, if so requested agrees to furnish Seller with all information including financial statements, necessary 10 make a proper aedit appraisal. Refusal to supply information may cause this proposal to be withdrawn. Terms of payment originally granted are Stbject to the approval of continued credit status. Prices are subject to correction for error. 2. PROPOSALS Proposals are based upon straight-time labor. Any request by the Customer for overtime work shall be considered an extra. This proposal expires 30 days after its date, subject to lIle provisioos of the first sentence of the paragraph below entitled "Acceptance of Terms: 3. PROGRESS PAYMENTS Seller reserves the right to invoice Customer monthly as the work progresses, for all materials delivered to the job site or to an off-site facility and for all work peñormed on-sjte and off-sl1e. Engineering, drafting and other mobilization costs incurred prior 10 installation shall be induded in Sellers initial nvolce and be equal to fifteen percent (15%) of the contract price. Invoices are due upon reœipt by Customer. If the Customer becomes overdue in any progress payment, Seller shall be entitled to suspend work, shall be entitled to interest at the annual rate of 18% or the maximum permitted by the State of Illinois; and also to avail itself of any other legal remedies. Seller shall also be en tilled 10 interest on a1l amounts retained by Customer from progress payments or otherwise. Customer agrees that he will pay and/or reimburse Seller for any and all reasonable attorneys fees which are incurred by Seller in the collection of amounts due and payable hereunder. 4. CANCELLATION AND SUSPENSION Any contract resulting from this proposal is subject to cancellation or instructions to suspend work by the customer only upon agreement to pay Seller adjustment charge. 5. TAXES The amount of any future sales, use, occupancy. excise, or other tax, federal. state, or local which Seller hereafter shall be obligated legally to pay, either on its own behalf of the Customer or otherwise, with respect to the material covered by this proposal, shall be added to sucl1 prices and paid by the Customer. 6. LOSS, DAMAGE OR DELAY Seller shall not be liabfe for any loss. damage, or delay occasioned by any causes beyond Seller's control. including, but not limited to, governmental actiO/1S or orders, embargoes, strikes. differences with workmen, fires. floods, accidents, or transportation delays. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES. 7, WARRANTY Seller warrants lIlat the equipment manufactured and services furnished by it and covered by this proposal are free from defects in material and workmanship under normal use and service and. without charge, equipment found to be so detective in material or workmanship will be repaired or replaced, if written notice of failure is received by Seller within one (1) year after date 01 installation. provided said equipment has been operated in accordance with Seller's instructions and provided such defects are not due to abuse, lire or decomposition by chemical or galvanic action. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES. GUARANTEES. OR REPRESENTATIONS, EXPRESS OR IMPliED. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Seller assumes no responsibility for repairs made on Seller's equipment unless done by Seller's authorized personnel, or by written authority from Seller. Seller makes no guarantee with respect to material not manufactured by it. 8. PURCHASER'S REMEDIES The Customer's remedies with respect to equipment found to be defective in material or workmanship shall be limited exdusively to the right of repair or replacement of such defective equipment. IN NO EVENT SHALL SELLER BE LIABLE FOR CLAIMS (BASED UPON BREACH OF IMPLIED WARRANTY) FOR ANY OTHER DAMAGES, WHETHER DIRECT. IMMEDIATE, FORESEEABLE. CONSEQUENTIAL, OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE use OR MISUSE OF EQUIPMENT WHICH DOES OR DOES NOT CONFORM TO THE TERMS AND CONDITIONS OF ANY CONTRACT RESULTING FROM THIS PROPOSAL. 9. PATENT INFRINGEMENT Seller will hold its Customer and the Owner harmless from infringement of any United States patent covering equipment of its manufacture. This, of necessity, is limited to the equipment per se and cannot be extended to applications of such equipment in a system, except in writing by an officer of Seller. The Customer and Owner shall advise Seller immediately in the event any daims of infringement are brought to their attention. 10. GOVERNING LAW Any contract resulting from this proposal shall be governed by. construed, and enforced In accordance with the laws of the State of Illinois. 11. CERTIFICATION The person whose signature appears on the attached hereof hereby certilies that, to his best knowledge and belief, the annexed bid is not the result of any agreement, arrangement or understanding between the Seller and any other manufacturer or seller of automatic temperature control systems and Ihat the prices, terms or conditions thereof have not been communicated by or 0/1 behalf of the Seller to any such person and w~1 not be communicated to any such person prior to the official opening of said bid. 12. ACCePTANCE OF TERMS This proposal shall become a binding contract between the Customer and Seller when accepted in writing by the Customer. Such acceptance shall be With mutual understanding that the terms and conditions of Ihjs proposal are a part thereof INith the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order. No waiver, alteration, or modification of the terms and conditions on this and the attached hereof shall be binding unless in writing and signed by an authorized representative of Seller. Page 2 of 3 Jun 14 04 08:24a Siemens BU11ding Tech Ino 772 223 7130 p.4 ~ SIEMENS ...., St. Lucie County Government Courthouse Additions and Modifications SCOPE OF WORK June 11, 2004 Siemens Building Technologies. Inc. proposes to modify and expand the existing System 600 Direct Digital Controls System at the St. Lucie County Courthouse per the scope of work described below. The purpose of the system expansion is to replace the Tridium system per the 12104/02 system as- builts. Add Outside Air Damper Control for AHUs 1,2,3 · Re-wire to System 600 SCU Add New Control Modules for "Old" Chiller Plant · Add New 4DO/4DI and 4AO/4AI FLN Control Modules and Programming for "Old" Chiller Plant - Chiller Enable - CHWP-3 Start/Stop - CHW Valve Open/Close - Supply Water Temp - Return Water Temp · Floor Level Network (FLN) wiring between from new control module to existing SCU-2 Add Controls for VFDs Serving AHUs 1-3 · Re-wire static pressure sensors back to existing SCU-2 · Install APOGEE FLN (P1) Coomunication Cards in ABS VFDs · Pull new Floor Level Network (FLN) wiring between VFDs and existing SCU-2 in AHU-1 Mechanical Room. Add Controls for VFDs Serving Secondary Pumps - SCHWP·1, SCHWP-2 · Install New Floor Level Network (FLN) Wiring between VFDs and existing SCU-1 in Chiller Plant · Install APOGEE FLN (P1) Coomunication Cards in ASB VFDs Programming Additions I Sequence of Operations Modifications · Add programming for "Old" Chiller Plant per as-built drawing 8 · Modify AHU 1,2,3 and VAV boxes sequence of operations per as-built drawing 6 · Modify Chiner Plant sequence of operations per as-bu~t drawing 5 Includes: . Engineering · System graphic modifications on existing APOGEE Server · Low voltage control wiring · AU work during normal business hours · One (1) day training · One-year warranty Assumptions: · AHU 1-3 outside air damper actuators are in good working condition · AHU 1-3 static pressure sensors are in good working condition · Conduit can be reused for new FLN wiring between "old" chiller plant and existing SCU-2 · Conduit can be reused for new FLN wiring between AHU VFDs and existing SCU-2 Not Included: · Repairs to existing controls, mechanical equipment, or VFDs · Permits Page 3 of 3 · L, , .,. '-' "" ITEM NO.1 0 DATE: June 22, 2004 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): ADMINISTRATION TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Bay St. Lucie Property Owners' Association Request BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends sending a letter to Port St. Lucie not objecting to the City providing water service to Bay St. Lucie Property Owners' Association. COMMISSION ACTION: CONCURRENCE: ]I APPROVED o OTHER: o DENIED Approved 5-0 Review and Approvals º County Attorney: -º Management and Budget: o Purchasing: º Originating Dept: º Other: o Other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. ..\-.. , .. '-" ....., ~ t COUNTY ADMINISTRATION FROM: Board of County Commi s on .r Douglas M. Anderson C unty Administrator ORANDUM 04~ 115 -- TO: DATE: June 15, 2004 RE: Water Service - Bay St. Lucie I have received the attached request from Gene Mcilvaine, President of the Bay St. Lucie Property Owners' Association, regarding the City of Port St. Lucie providing water service to this development. Since a portion of this development is within the unincorporated area of the County, the City of Port St. Lucie is requiring a letter from the County stating we do not object to the City undertaking this project, which is within the Port St. Lucie Utility Service Area. Staff is recommending that should this project move forward, the County not object to the City providing water to this development and that a letter be sent to the City of Port St. Lucie confirming this. DMAlab 04~ 115 c: Mike Bowers, Utilities Director Dan Mcintyre, County Attorney Randy Stevenson, Interim Growth Management Director Dennis Murphy, Strategy & Special Projects Director Attachment \.... .. '-' ...", Page 1 of 1 Douglas Anderson - City of Port St. Lucie Water Service for Bay St. Lucie -, ~,.¡¡,I øzç~ ""''n~ ~,~~~ ~ )..."'==~ From: To: Date: Subject: CC: "Gene" <gluefly@adelphia.net> <douga@co.st-lucie.fl.us> 6/15120042:08:05 PM City of Port S1. Lucie Water Service for Bay S1. Lucie "Gene and Mary Santoro" <flochief@adelphia.net>, "Wayne and Eileen Hughes" <wphughes@adelphia.net> _"~_'_'_'m"w___.__~n~~"'.~~.~__~~'~.m__"_~~_~m__.~_~". --~--~-'---.~...¥....-- BAY ST. LUCIE PROPERTY OWNER'S ASSOCIATION 12203 Riverbend Court Port St. Lucie, FL 34984 772 340-2602 Dear Mr. Anderson, The residents of Bay St. Lucie, a private development with nine parcels within the City of Port St. Lucie and twenty-six parcels in the unincorporated St. Lucie County area, have asked the City to provide water to Bay St. Lucie. While Bay St. Lucie lies within Utility Service District No.3, neither water nor sewer was provided to the development by City at the completion of work on that Service District. Representatives from Bay St. Lucie met with Port St. Lucie City Councilman Chris Cooper and City Manager Don Cooper on June 10,2004 to ask how water service (not sewer) could be brought into the community. Don Cooper suggested that our project could be included in another Service Area project, which has approximately twelve months remaining to completion, by way change order to that project. The City would initiate the engineering cost study for our review and then proceed with the work if at least fifty percent of the residents of Bay St. Lucie would be willing to sign individual agreements with the City to repay the costs allocated to each parcel for the project. The City would carry the assessments of parcel owners who declined to participate as liens against their properties until such time as the properties were sold. Don Cooper's other requirement was that the County state to him in writing that the County would not object to the City undertaking this project. The City Council also still has to approve the project before it can proceed. The Bay St. Lucie POA agrees that the City of Port St. Lucie may form a Special Assessment District in Bay St. Lucie to provide for reimbursement to the City of the costs associated with the construction of the water main and appurtenances for the Bay St. Lucie development. The Bay St. Lucie Property Owners Association is presently obtaining statements from all property owners in the development as to whether they agree or do not agree to sign the required contract with the City. In addition to the letter from you to City Manager Don Cooper, I have asked that all responses from the Bay St. Lucie property owners be in to me by the end of the week, so that this information can all be before the City Council prior to their next meeting. Sincerely, Gene Mcilvaine President *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** *** file:IIC :\Documents%20and %20Settings\Administrator\Local%20Settings\ T emp\G W} 000... 6/1512004 , .... .4 -.;."- '-" ~ AGENDA REQUEST ITEM NO. C . 11 DATE: June 22, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners SUBMITTED BY: Mosquito Control PRESENTED BY: James R. David SUBJECT: Contract Amendment to Agreement No. C04-o3-157 for Exotic Control Services BACKGROUND: Staff requests Amendment of the Agreement for Exotic Control Services with Aquatic Vegetation Control, Inc. to correct a scrivener's error and to clarify the total compensation to be paid to the provider will be $88,070.00. FU N DS A V AI L.: Funds to be made available in 145115-6230-534000-6955 Other Contracted Services -Indrio Bluewa y Imp 14A Improvement PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends that the Board approve Amendment No.1 of Agreement No. C04-D3- 157 and authorize the chairman to execute the Amendment. COMMISSION ACTION: ØG APPROVED [] DENIED [ ] OTHER: Approved 5-0 ~ Review and Aoprovals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable)_ Purchasing: Other: Eft. 5196 .. ,"- '-' ...., MEMORANDUM TO: Board of County Commissioners FROM: James R. David, Mosquito Control Director DATE: June 15, 2004 SUBJECT: Contract Amendment to Agreement No. C04-03-157 for Exotic Control Services BACKGROUND: Staff requests Amendment of the Agreement for Exotic Control Services with Aquatic Vegetation Control, Inc. to correct a scrivener's error and to clarify the total compensation to be paid to the provider will be $88,070.00. RECOMMENDATION Staff recommends that the Board approve Amendment NO.1 of Agreement No. C04-03-157 and authorize the chairman to execute the Amendment. ~ .- '-' .".¡ FIRST AMENDMENT TO MARCH 16,2004 AGREEMENT BETWEEN ST. LUCIE COUNTY AND AQUATIC VEGETATION CONTROL, INC. THIS FIRST AMENDMENT is dated this day of ,2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and AQUATIC VEGETATION CONTROL, INC., a F10rida corporation (the "Contractor"). WHEREAS, on March 16,2004, the parties entered into an Agreement, hereinafter referred to as the "Agreement," wherein the Contractor agreed to provide exotic vegetation control services; and, WHEREAS, the parties desire to amend the Agreement to amend Paragraph 8 to correct a scrivener's error and clarify that the total compensation to be paid to the Provider will be eighty-eight thousand seventy and 00/1 00 dollars ($88,070.00). NOW, THEREFORE, in consideration ofthemutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 8 of the Agreement shall be amended to read as follows: CONTRACT PAYMENT The County shall pay the Contractor for the perfonnance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, an amount not to exceed eighty-eight thousand seventy and 00/1 00 dollars ($88,070.00). 2. All other tenns and conditions of the original Agreement are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN 1- /~ '-' ..." APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: AQUATIC VEGETATION CONTROL, INC. BY: Contractor l:IDocuments and ScttingslAdministratorll.ocal SettingslTempl1 aAquaticVegetationlOn!Tol. wpd 2 \- - \ ~ ...., AGENDA REQUEST ITEM NO: C -12 DATE: June 22, 2004 TO: Board of County Commissioners Regular[ ] Public Hearing [ ] Consent [X ] PRESENTED BY: Beth Ryder, Director(7ð--- SUBMITTED BY: Community Services SUBJECT: FY 2003/2004 Community Services Block Grant Modification of Agreement with Florida Department of Community Affairs and Budget Resolution No. 04-184. BACKGROUND: The Florida Department of Community Affairs has allocated additional funds that were unexpended from the FY02l03 allocation to all the Community Action Agencies in the State. This year the Treasure Coast Community Action Agency is receiving an additional $10,140.00, bringing the total for FY03/04 to $188,227.00. See attached memorandum #04-69. FUNDS AVAIL: Account Number 001157-6420-331691-600 (CSBG Grant- Florida Department of Community Affairs) - see Budget Resolution 04-184. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Modification Agreement with the Florida Department of Community Affair for the FY2003-2004 Community Services Block Grant, Budget Resolution No. 04-184 and authorize the Chairman to sign all documents necessary for acceptance of the modification. KJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: /¿j~. ~ s M n rson Ad . i rator COMMISSION ACTION: County Attomey:x ~... CoordinatlonlSianatures Management & Budgetx~ other Purchasing: Originating Department: other: Finance:x Check for copy only, if applicable " "'" '...I RESOLUTION NO. 04-184 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available in the form of additional Grant funding from the Department of Health and Human Services in the amount of $10,140. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 22nd day of June, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001157-6420-331691-600 Depart. Of Health and Human Services $10,140 APPROPRIATIONS 001157-6420-549605-600 001157 -6420-581065-600 001157-6420-581075-600 Domestic Subsidy Martin County Okeechobee County $5,219 $2,987 $1,934 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22ND DAY OF JUNE, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-' ...,., COMMUNITY SERVICES MEMORANDUM #04-69 FROM: Board of County Commissioners tÝ-- Beth Ryder, Community Services DirectoØ TO: SUBJECT: Approve Modification to the FY 2003/2004 Department of Community Affairs Community Services Block Grant Agreement DATE: June 22, 2004 St. Lucie County is the lead county for the Treasure Coast Community Action Agency. Attached for Board approval is the Modification Agreement between the Florida Department of Community Affairs and St. Lucie County Board of County Commissioners in the amount of $188,227. This figure represents the following: $178,087 Current FY 2003- 2004 CSBG contract allocation $ 706 Carryover funds from FY 2002-2003 J 9.434 FY2004 Award Adjustment $188,227 Total reimbursement availability Recommendation: Staff recommends that the Board of County Commissioners approve the proposed Modification of Agreement with the Florida Department of Community Affairs for FY2003-2004 Community Services Block Grant and authorize the chairman to sign all documents necessary for the acceptance of the modification. '-' ..I MOD# 002 MODIFICA nON OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND Saint Lucie County Board of County Commissioners This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, (lithe Department"), and the Saint Lucie County Board of County Commissioners ("Recipient") to modify DCA Contract Number 04SB-3T-12-00-01-027. ("the Agreement"). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department provided a grant of$178.087 to Recipient; and WHEREAS, additional funds have become available to increase the amount of funding granted to the Recipient. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: I. Paragraph (16)(a) FundinlZlConsideration is hereby modified to read as follows: This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory perfonnance of work hereunder in an amount not to exceed $188.227. subject to the availability of funds and appropriate budget authority. A. $178.087 Current FFY 2003-2004 CSBG contract allocation B. + $9.434 Base Increase for FFY 2003-2004 C. + $706 Carryover funds from FFY 2002-2003 2. Attachment G-I (Budget Summary), G-2 (Sub-Recipient Infonnation, if applicable), G-3 (Budget Detail) and Attachment G-4 (Secondary Administration, if applicable) are hereby deleted in their entirety and replaced with Amended Attachment G-I, Amended Attachment G-2 if applicable, Amended Attachment G-3 and Amended Attachment G-4 if applicable, as attached hereto and incorporated herein by reference. 3. Attachments H-I through H-7, CSBG Workplan are hereby deleted in its entirety, and replaced with Amended Attachment H-I through H-7. 4. All provisions ofthe Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to confonn with this Modification. Modifications will be effective when both parties have executed the contract, or July 1,2004, whichever is later. 'f;"' ,¥ rø:: I . '-' ....,,¡ 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. RECIPIENT STATE OF FLORIDA By: By: Name Title Janice Browning, Director Division of Housing and Community Development Date: Date: Federal Identification Number '-" AMENDED CSBG IIOD/FlCA7JON ATTACHMENT G-3 BUDGET DETAIL ~ RECIPIENT: st. Lucie Count\¡ Board of County Commissioners BUDGETED BUDGET GOAL EXPENDITURE DETAIL EXPENDITURES LINE ITEM OUTCOME Round up line item totals to dollars. CSBG CASH IN-KIND NUMBER INDICATOR Do not use cents or decimals in totals FUNDS MATCH* MATCH* RECIPIENT ADMINISTRATION EXPENSE 6 Salaries includina Benefits Community Services Director - 371.93 hours @ $37.15/hour Fringe Benefits: FICA, FICA MAND, Retirement, 13,817 Insurance, Life Insurance, Worker's Compensation and Unemployment Compensation ($13,817 X 30.275% = $4,183) 4,183 Total Salaries and Fringe Benefits: $18,000 All in-kind match supplied by the St. Lucie County Board of County Commissioners in the form of salaries and benefits. Utilities 6 2,000 All cash match supplied by the St. Lucie County Board of County Commissioners in the form of utilities. Travel 6 PROGRAM EXPENSE 500 Direct Client Services Reduced or Eliminated an Emeraencv Need Approximately 60 clients X approximately $538.17 for 6.5 rent/mortgage/utility payment/utility deposit Imoroved or Maintained Nutrition 32,290 Approximately 25 clients X approximately $300.00 for meals 6.6 and/or other services. Imoroved or Maintained Phvsical or Behavioral Health Approximately 25 clients X approximately $200.00 for 7,500 prescriptions. 6.8 Children and Youth Particioate in Services that Suooort Their 5,000 Growth and Develooment. 6.9 Approximately 10 children X approximately $300.00 tuition for after school and summer camp activities. Salaries includina Benefits Community Services Technician 111-100% CSBG 2080 hours @ $16.51/hour Fringe Benefits: FICA, FICA MAND, Retirement, 34,340 Insurance, Life Insurance, Worker's Compensation and Unemployment Compensation ($34,340 X 30.275% = $10,646). Total Salaries and Frinae Benefits: $44,986 10,646 100,49! 2,000 18,000 * EXPLAIN SOURCES OF CASH AND IN-KIND AlA TCH ~ CSBG MODIFICATION AMENDED ATTACHMENT G-1 BUDGET SUMMARY . ...." RECIPIENT: REVENUE SOURCES PERCENT MATCH TOTAL NOTES: AMOUNT Round all figures up to the nearest dollar. 1. CSBG Grant Funds 188,227 Provide a minimum of 2% -Cash Match 2. Cash Match 2% 3,765 3,765 20% - Total Match Do not under match. 3. In-Kind Match 18% 33,881 33,881 1.99% Cash Match is unacceptable. 4. TOTAL MATCH (Line 2 + Line 3) 20% 37,646 Match amounts must agree with the amended totals 5. TOTAL FUNDS (line 1 + Line 4) 225,873 reflected on the Modification Cover Page. A B C D E F G CSBG FUNDS ONLY EXPENSE CATEGORY Last 2003-2004 Subtotal 2002-2003 Total Cash and Approved Base Column B + Carryover CSBG In-klnd CSBG Increase Column C Amount Funds Match Budget (Col. D + EI 6. TOTAL CSBG FUNDS 178,087 9,434 187,521 706 188,227 37,646 ADMINISTRATIVE 7. RECIPIENT 500 500 500 100 (Salaries + Fringe, Rent. Utilities, Travel, Other) 8. SUB-RECIPIENT (Salaries + Fringe. Rent. Utilities, Travel, Other) 9. TOTAL ADMINISTRATIVE 500 500 500 100 (line 7 + Line 8) See footnote. 10. ADMINISTRATIVE EXPENSE PERCENT .26 VALUE IN CELL 10D MAY NOT EXCEED 15%OF [(CaIl9D divided by ce1l6D) x 100] LINE 1 PROGRAM 11. RECIPIENT DIRECT CUENT ASSISTANCE 50,038 5,047 55,085 172 55,257 11 ,052 12. RECIPfENT OTHER PROGRAM EXPENSES 44,738 44,738 44,738 8,948 (Salaries + Fringe. Rent. UIIIItIes, Travel, Other) 13. SUBTOTAL RECIPIENT PROGRAM 94,776 5,047 99,823 172 99,995 20,000 EXPENSES (Une 11 +Une 12) 14. SUB-RECIPIENT DIRECT CUENT 82,811 4,387 87,198 534 87,732 17,546 ASSISTANCE EXPENSES 15. SUB-RECIPIENT OTHER PROGRAM EXPENSES (Salaries + Frinae. Rent. UIIIItIes, Travel, etc.) 16. SUBTOTAL SUB-RECIPIENT PROGRAM 82,811 4,387 87,198 534 87,732 17,546 EXPENSES (Une 14 + Une 15) 17. TOTAL PROGRAM (Une 13 + Une 16) 177,587 9,434 187,021 706 187,727 37,546 18. SECONDARY ADMINISTRATIVE EXPENSES 19. GRAND TOTAL EXPENSE: 178,087 9,434 187,521 706 188,227 37,646 (Une 9+Une 17+Une 18) (Must agt98 with Una 6) * THE AMOUNT IN CELL 9E CANNOT EXCEED THE UNSPENT ADMINISTRA TIVE BALANCE FROM YOUR FY 2002- 2003 CONTRACT CLOSE-OUT. 1'\BCA\CASnCSp UNIT\2004 CSBG\FY2004 Mods\CSBG FY2004 MOD#2 CARRYOVER . - - - - - - Forms.doc ~ AMENDED ATTACHMENT G-2 SUB-RECIPIENT INFORMA nON (Complete this page for each sub-recipient) ..J RECIPIENT: St. Lucie County Board of County Commissioners SUB-RECIPIENT: Martin Countv Board of County Commissioners MAILING ADDRESS OF SUB-RECIPIENT: 38 E. Ocean Boulevard stuart ,FL ZIP CODE 34994 CONTACT PERSON: Anita Cocoves TITLE: Health and Human Services Administrator TELEPHONE: (772) 288-288-5785 FAX (772) 288-5786 NOTE: The following line items (8, 14, 15 and 16) must co"espond with AMENDED ATTACHMENT G-1, BUDGET SUMMARY of the RECIPIENT. "there is more than one subrecipient, it is the recipients responsibility to ensure that the total of all subrecipient budgefs add co"ectJy. A B C D E F G CSBG FUNDS ONL Y Last 2003-2004 Subtotal 2002-2003 Total Cash and EXPENSE CATEGORY Approved Base Column B + Carryover CSBG In-kind CSBG Increase Column C Amount Funds Match Budget (Col. D + E) SUB-REClPfENT ADMINISTRATIVE EXPENSES 8. SUB-RECIPIENT EXPENSES (Salaries + Fringe, Rent, UtJIItfes, Travel, Othet1 SUB-REClPfENT PROGRAM EXPENSES 14. SUB-RECIPIENT DIRECT CUENT 46,303 2.453 48,756 534 49,290 9,858 ASS/STANC EXPENSES 15. SUB-RECIPIENT OTHER PROGRAM EXPENSES (Salaries + Fringe, Rent, UtJlltfes, Travel, Othet1 16. SUBTOTAL SUB-RECIPIENT 46,303 2,453 48,756 534 49,290 9,858 PROGRAM EXPENSES (Une 14 + Une 15) TOTAL EXPENSES 46,303 2.453 48,756 534 49,290 9,858 (Line 8 + Une 16) ~ RECIPIENT: 51. Lucie County Board of County Commissioners AMENDED CSBG MODlFICATJON ATTACHMENT G-3 BUDGET DETAIl.. ...", Sub-ReciDient: Martin Countv Board of Countv Commissioners BUDGETED BUDGET GOAL EXPENDITURE DETAIL EXPENDITURES LINE ITEM OUTCOME Round up line item totals to dollars. CSBG CASH IN-KIND NUMBER INDICATOR Do not use cents or decimals in totals FUNDS MATCH MATCH'" 14 DIRECT CLIENT SERVICES 6.5 Reduced or Eliminated an Emergency Need (RentlUtilities ) Approximately 2 households @ approximately $450 X 1,800 2 months Approximately 86 households @ approximately $500 or 43,000 less Approximately 17 households @ approximately $250 or 4,250 less Approximately 1 household @ approximately $240 or 240 less Cash Match - will be provided by the Martin County Board of County Commissioners in the form of a 2% share of all rent/mortgage, utility and utility deposit payments as outlined above 986 8 Sub-Recioient Administration Exoense Salaries including Benefits Health and Human Services Administrator - 148.8 hours @$29.03/hour 4,320 Administrative Assistant - 148.8 hours @$16.74/hour 2,491 Fringe Benefits: FICA, Retirement, Insurance, Worker's Compensation and Unemployment Compensation ($6,811 X 30.27% = $2,061) 2,061 Total Salaries and Fringe Benefits: $8,872 All in-kind match supplied by the Martin Board of ounty Commissioners in the form of salaries and benefits. 49,290 986 8,872 * EXPLAIN SOURCES OF CASH AND IN-KlND MATCH ~ AMENDED ATTACHMENT G-2 SUB-RECIPIENT INFORAfA nON (Complete this page for each sub-recipient) .....I RECIPIENT: St. Lucie County Board of County Commissioners SUB-RECIPIENT: Okeechobee County Board of County Commissioners MAILING ADDRESS OF SUB-RECIPIENT: 1019 West South Park Street Okeechobee ,FL ZIP CODE 34974 CONTACT PERSON: Sheila Savaae TITLE:Okeechobee Senior Services Proaram Manaaer TELEPHONE: (863) 462-5180 FAX (763) 462-5184 NOTE: The following line items (8, 14, 15 and 16) must co"espond with AMENDED ATTACHMENT G-1, BUDGET SUMMARY of the RECIPIENT. If there is more than one subrecipient, it is the recipient'S responsibility to ensure that the total of all subrecipient budgefs add CO"ectly. A 8 C D E F G CSBG FUNDS ONL Y Last 2003-2004 SUbtotal 2002-2003 Total Cash and EXPENSE CATEGORY Approved BlIss Column B + Carryover CSBG In-kInd CSBG IncrøllSs Column C Amount Funds Match Budget (Col. D + E) SUB-RECIPIENT ADMINlSTRAT1VE EXPENSES 8. SU~RECIPlENT EXPENSES 36,508 1,934 38,442 38,442 7,688 (Salaries + Fringe. Rent, UtlIItJøs. Travel, OtlJer SUB-REClPIENT PROGRAM EXPENSES 14. SU~RECIPIENT DIRECT CUENT 36,508 1,934 38,442 38,442 7,688 ASSISTANC EXPENSES 15. SUB-REClPlENT OTHER PROGRAM EXPENSES (Salaries + Fringe, Rent. UtIlities, Travel. Othert 16. SUBTOTAL SU~RECfPIENT 36,508 1,934 38,442 38,442 7,688 PROGRAM EXPENSES (Une 14 + Une 15) TOTAL EXPENSES 36,508 1,934 38,442 38,442 7,688 (Line 8 + Une 16) '-"- RECIPIENT: St. Lucie County Board of County Commissioners AMENDED CSSG MODIFlCAnoN ATTACHMENT G-3 SUDGET DETAIL ...r Sub-ReciDient: Okeechobee Countv Board of Countv Commissioners BUDGETED BUDGET GOAL EXPENDITURE DETAIL EXPENDITURES LINE ITEM OUTCOME Round up line item totals to dollars. CSBG CASH IN-KIND NUMBER INDICATOR Do not use cents or decimals in totals FUNDS MATCH MATCH* DIRECT CLIENT SERVICES 14 Seniors Participate in Services that Support Active. Independent Living 6.10 Approximately 2746 units (hours) of Personal Care, Homemaking and Respite services @$14.00/unit Sub-Recipient Administration Expense 38,442 Salaries including Benefits Bookkeeper - 460 hours @$10.80/hour 4,968 8 Fringe Benefits: FICA, Retirement, Insurance, Worker's Compensation and Unemployment 1,952 Compensation ($4,968 X 39.3% = $1,952) Total Salaries and Fringe Benefits: $6,920 All in-kind match supplied by the Okeechobee County Board of County Commissioners in the for of salaries and benefits. Sub-Recipient Administration Expense Salaries including Benefits Case Manager Coordinator - 42.8 hours @ $12.87 551 Fringe Benefits: FICA, Retirement, Insurance, Worker's Compensation and Unemployment Compensation ($551 X 39.3% = $217) 217 Total Salaries and Fringe Benefits: $769 All in-kind match supplied by the Okeechobee County Board of County Commissioners in the for of salaries and benefits. 38,442 768 6920 * EXPLAIN SOURCES OF CASH AND IN-KIND MATCH '-" ST. LUCIE COUNTY EROSION DISTRICT """ John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA June 22, 2004 1. MINUTES Approve the minutes ofthe meeting held May 25, 2004. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 37, 38, 39 and 40. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ ...."" EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 25,2004 Tape: 2 Convened: 10:30 a.m. Adjourned: 10:31 a.m. Commissioners Present: Chainnan, Frannie Hutchinson, Cliff Barnes, John D. Bruhn, Doug Coward, Paula A. Lewis, absent Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks/Rec. Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (2-039) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the meeting held May 11, 2004; and, upon roll call, motion carried unanimously. 2. None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Barnes, to approve the Consent Agenda; and, upon rol1 cal1, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List Nos. 35 and 36. 2. EROSION CONTROL A. General Re-Evaluation Report- The Board approved Amendment No. 1 to the Work Authorization No. 12 with Taylor Engineering \, Inc., ($41,830) and execute of said agreement by the Chainnan. B. Feasibility Cost Sharing Agreement- The Board approved the feasibility cost Sharing Agreement and execute said agreement by the Chainnan contingent on review and approve the final Proj ect Management Plan by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Court 06/18/04 F'7ZillWARR FUND 184 TITLE '-" ...., ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 12-JUN-2004 TO 18-Jù~-2004 FUND SUMMARY- EROSION EXPENSES 985.35 Erosion Control Operating Fund 985.35 GRAND TOTAL: ...... .. PAGE 1 PAYROLL 21879.45 2,879.45 ,. '-' ..."" OS/2~'04 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #37- 22-MAY-2004 TO 28-MAY-2004 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 7,915.47 0.00 GRAND TOTAL: 7,915.47 0.00 ".... ... ~- '-' '-tII OS/28f~4 ST. LUCIE COUNTY - BOARD FZABWARR VOID LIST# 37- 22-MAY-2004 TO 28-MAY-2004 . _ill: 184 - Erosion Control Operating Fund CHECK INVOICE VENDOR 00311700 12419305 Fla Department of Environmenta FUND TOTAL: ...... .. TOTAL 100.00 100.00 PAGE 3 ~... '-' .."" OS/28(04 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR VOID LIST# 37- 22-MAY-2004 TO 28-MAY-2004 ~-JD : CHECK 00311700 140001- Port Fund INVOICE VENDOR 12419267 Fla Department of Environmenta FUND TOTAL: TOTAL 700.00 700.00 ~.... ... 06/04/04 FZABWARR FUND 184 TITLE '-' ...., ST. LUCIE COUNTY - BOARD WARRANT LIST #38- 29-MAY-2004 TO 04-JUN-2004 FUND SUMMARY- EROSION EXPENSES Erosion Control Operating Fund 640.36 GRAND TOTAL: 640.36 .... ..- PAGE ~ PAYROLL 21879.45 21879.45 06/11/04 P'7~BWARR FUND 184 TITLE '- ST. LUCIE COUNTY - BOARD ....., WARRANT LIST #39- OS-JUN-2004 TO 11-JUN-2004 FUND S~~Y- EROSION Erosion Control Operating Fund GRAND TOTAL: .. .' EXPENSES 1/281.03 1/281.03 PAGE PAYROLL 0.00 0.00 '- ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT '-" John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA June 22, 2004 1. MINUTES Approve the minutes of the meeting held June 1, 2004. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 39 and 40. 2. COUNTY ATTORNEY Florida Department of Agriculture and Consumer Services (DACS) - Annual Agreement for Fiscal Year 2004/0S - Consider staff recommendation to approve the proposed 2004/0S agreement with the Florida Department of Agriculture and Consumer Services, and authorize the Chairman to sign the agreement. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community SelVices Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ....." ~ MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 8,2004 Tape: 2 Convened: 10:50 a.m. Adjourned: 10:51 a.m. Commissioners Present: Chairman, Doug Coward, John D. Bruhn, Cliff Barnes, Paula A. Lewis, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks &b Rec. Director, Mike Bowers, Utilities Director, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of the meeting held May 25,2004; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List Nos. 37 and 38. 2. MOSQUITO CONTROL A. Declaration of Surplus Property- The Board approved to surplus the District equipment referenced in the list, and also authorized to offer the surplus equipment to interested Mosquito Control Districts at "junk" value and consider acceptance of Best Offers, and Board approval to junk the surplus equipment that is not successfully bid upon by another District or placement of any proceeds of the equipment sale into the District State account per Chapter 388 F.S. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Courts 06/11/04 pl"7ðJ3WARR FUND 145 .. TITLE '-- ST. LUCIE CO~~Y - BOARD ...." WARRANT LIST #39- 05-JUN-2004 TO 11-JUN-2004 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: ... .' EXPENSES .22,154.47 22,154.47 PAGE 1 PAYROLL 0.00 0.00 06/18/04 pl"72illWARR FUND 145 145114 145820 '- TITLE ST. LUCIE COUNTY - BOARD ...", WARRk~T LIST #40- 12-JUN-2004 TO 18-JUN-2004 FUND SUMMARY- MOSQUITO Mosquito Fund NOAA/Blind Creek Pk/ADA Access FIND/Blind Creek Park/Pub Access ,. .... .. GRAND TOTAL: EXPENSES 34,433.18 16,836.75 21,660.30 72,930.23 PAGE 1 PAYROLL 321216.03 0.00 0.00 32,216.03 , ~, .~ ~.- ." . AGENDA REOUEST ....., ....." ITEM NO.-L Date: June 22, 2004 Regular [ ] Public Hearing [ ] Consent [X] TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Florida Department of Agriculture and Consumer Services (DACS) - Annual Agreement for Fiscal Year 2004/05 BACKGROUND: See c.A. No. 04-819 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the S1. Lucie County Mosquito Control District approve the proposed 2004/05 agreement with the Florida Department of Agriculture and Consumer Services, and authorize the Chairman to sign the agreement COMMISSION ACTION: CONCURRENCE: [ ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: ..~~ q~ Coo rdina tio n/S i !na tu res Mgt. & Budget: Purchasing: ~ Originating Dept.: Other: Other : Finance (Check for Copy only, if applicable): .. ~" ."WI ,..", ; INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 04-819 DATE: June 14, 2004 SUBJECT: Florida Department of Agriculture and Consumer Services (DACS) - Annual Agreement for Fiscal Year 2004/05 BACKGROUND: Attached to this memorandum is a copy of annual contract between the Florida Department of Agriculture and Consumer Services (DACS) and the St. Lucie County Mosquito Control District for the period October 1, 2004 through and including September 30, 2005. The contract sets forth the budgetary, planning, and reporting requirements for the District related to the use of matching funds received from DACS for mosquito control activities. RECOMMENDATION/CONCLUSION: Staff recommends that the St. Lucie County Mosquito Control District approve the proposed 2004/05 agreement with the Florida Department of Agriculture and Consumer Services, and authorize the Chairman to sign the agreement. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director Management and Budget Director Contracts Coordinator Deputy Clerk Press/Public 1 .. ~'" '-' ..." , Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner FDACS COHTRACT # The Capitol- Tallahassee, FL 32399-0800 008626 This AGREEMENT, made and entered into this day of 2004 bv and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, and the St. Lucie County MOSQuito Control District, the CONTRACTOR. CONTRACT PERIOD: October 1, 2004 through September 30, 2005 When state funds are involved, it is the duty of the department to guide; review, approve, and coordinate the activities of all county governments and special districts receiving state funds in furtherance of the goal of integrated mosquito control. The Contractor agrees to the comply with the following statutory language of Chapter 388, F.S. and Administrative Code 5E-13. An Operational Work Plan Narrative, Mosquito Control Chemical Inventory Report DACS 13652·1 (4/03) and Detailed Work Plan Budget DACS 13623 (4/03) providing for the control of mosquito are to filed with the department not later than July 15 Following approval of the plan and budget by the department, two notarized( certified) copies of the county's or district's certified budget on form DACS 13617, entitled Annual Certified Budget for Mosquito Control based on the approved work plan and detailed work plan budget shall be submitted to the department not later than September 15 following. A request for an extension for not more than two weeks may be submitted to the Department prior to deadline. An extension may be granted but only through prior request. A revised Annual Certified Budget for Mosquito Control must be submitted to the department not later than October 30: NO EXCEPTIONS WILL BE MADE. Budget amendments on form DACS 136·13 (4/03), entitled "Arthropod Control Budget Amendment," shall be prepared and submitted to the department prior to over-expending funds in any account or expending funds in non-budgeted accounts. Budget amendments must be explained by accompanying requests for approval of changes to be made in the detailed budget. Department approval of the amendment(s) must be received before such expenditures are made. Not later than thirty(30) days after the end of each month(see attached calendar of deadlines), each district or county shall submit a monthly financial report to the department. A district or county shall submit two(2) copies of its September financial report to the department not later than sixty (60) days after close of each fiscal year. Copies of reports shall be signed by program director or person responsible for administration of the program and funds. Any county or district withdrawing from participation in state matching funds under Chapter 388, F.S., shall continue to submit financial reports as required in 5E-13.029(3) until funds received under this program are exhausted. A district or county shall submit monthly reports of accomplishments and an inventory of chemicals, on prescribed forms to the department not later than thirty (30) days after the end of each month. Any county or district withdrawing from participation in state matching funds under Chapter 388, F.S., but is requesting to be considered a state approved program shall continue to submit monthly reports of accomplishments and an inventory of chemicals, on prescribed forms to the department not later than thirty (30) days after the end of each month. If there is no activity in any given month, the county shall continue to submit monthly reports of accomplishments and an inventory of chemicals, on prescribed forms to the department not later than thirty (30) days after the end of each month stating "NO ACTIVITY", 4 \.-'" '-" "'" r State funds received shall be deposited in a separate depository account from local funds received. Disbursements shall be make on pre-numbered checks or warrants drawn on the separate depository account from the local funds. Local and state funds shall be deposited in banks designated as depositories of public funds in accordance with provisions of Section 658.60 F.S. All purchases of supplies, materials and equipment by counties or districts shall be made in accordance with the laws governing purchases by boards of county commissioners, except that districts with special laws relative to competitive bidding shall make purchases in accordance therewith. All funds, supplies, and services released to counties and districts here under shall be used in accordance with the detailed work plan and certified budget approved by both the department and the county or district. The plan and budget may be amended at any time upon prior approval of the department. All funds, supplies, and services released on the dollar-for-dollar matching basis shall be used exclusively for an integrated program that provides a combination of mosquito control. source reduction measures, public education, personnel training and certification, mosquito population surveillance, larvicides, adulticides, equipment, and alerts as approved by the department. State funds shall be payable quarterly, in accordance with the rules of the department, upon requisition by the department to the Comptroller. The department is authorized to furnish insecticides, chemicals, materials, equipment, vehicles, and personnel in lieu of state funds where mass purchasing may save funds for the state, or where it would be more practical and economical to use equipment, supplies, and services between two or more counties or districts. State and local funds budgeted for the control of mosquitoes shall be carried over at the end of the county or district's fiscal year, and re-budgeted for such control measures the following fiscal year. All equipment purchased under this chapter with state funds made available directly to the county or district shall become the property of the county or district unless otherwise provided, and may be traded in on other equipment, or sold, when no longer needed by the county or district. A record and inventory of certain property owned by the district shall be maintained in accordance with s. 274.02. Surplus property shall be disposed of according to the provisions set forth in s. 274.05 with the following exceptions: Serviceable equipment no longer needed by a county or district shall first be offered to any or all other counties or districts engaged in mosquito control at a price established by the board of commissioners owning the equipment. If no acceptable offer is received within a reasonable time, the equipment shall be offered to such other governmental units or private nonprofit agencies as provided in s. 274.05. The alternative procedure for disposal of surplus property, as prescribed in s. 274.06, shall be followed if it has been determined no other county, district, governmental unit, or private nonprofit agency has need for the equipment. All proceeds from the sale of any real or tangible personal property owned by the county or district shall be deposited in the county's or district's mosquito control state fund account unless otherwise specifically designated by the department. All counties and districts carrying out programs for the control of mosquitoes involving the expenditure of state funds shall set up and maintain books and records under a method approved by the Auditor General and be subject to audit by same. Each county and district participating under the provisions of this chapter shall within 30 days after the end of each month submit to the department a monthly report for the preceding month of expenditures from all funds for mosquito control, and such reports of activities and accomplishments as may be required by the department. \-.r", ....., ..." , State funds, supplies, and services shall be made available to such county or district by and through the department immediately upon release of funds by the Executive Office of the Governor. Following the determination of funds available, if necessary, the department shall make an adjustment in amounts of money payable to the district or counties in the last three(3) quarters of the current fiscal year. Districts or counties shall be notified of the amount of payable to them and if necessary shall amend amounts of state funds budgeted. State funds shall be payable quarterly, in accordance with the rules of the department, upon requisition by the department to the Comptroller. The department is authorized to furnish insecticides, chemicals, materials, equipment, vehicles, and personnel in lieu of state funds where mass purchasing may save funds for the state, or where it would be more practical and economical to use equipment, supplies, and services between two or more counties or districts. The department, upon notifying a county or district and obtaining its approval, is authorized to transfer equipment, materials, and personnel from one district to another in the event of an emergency brought about by an arthropod-borne epidemic or other disaster requiring emergency control. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and (2) conducted by independent auditors in accordance with auditing standards as stated in rules of the Auditor General. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Comptroller, or the Auditor General. Two(2) notarized(certified) copies of the Notification of Section 215.97, F.S. Memo and this contract agreement for current fiscal year shall be returned to the Department not later than October 15th. Failure to comply with chapter 388, F.S., Administrative Code 5E-13 and this contract agreement could result in loss or termination of funds and/or state approval certification. In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. The six digit Department of Management Services' class/ 916-330 group code commodity catalog control number is: The Department of Agriculture and Consumer Services will pay the Contractor in arrears as follows: Bills for any authorized travel expenses shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes, governing payments by the State for travel expenses. Authorization for travel expenses must be specified in the paragraph for payments directly above. Bills for services shall be submitted in triplicate to Department of Agriculture and Consumer Services, in detail sufficient for a proper pre-audit and post-audit thereof. -r ~~ 'w1J1 ~ i Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850) 488-2020 or Purchasing Office at (850) 488-7552. Payments to health care providers for hospitals, medical or other health care services, shall be made not more than 35 days from the date eligibility for payment is determined, and the daily interest rate is .03333 percent. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s)from a State agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline, 1-850-410-9724. The Department may make partial payments to the Contractor upon partial delivery of services when a request for such partial payment is made by the Contractor and approved by the Department. This contract may be cancelled by either party giving written notice crior to the cancellation. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the term of the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Agency. Renewal costs may not be charged by the Contractor. It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. 8. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. .' \.."'" "-' .." The following provisions of A through G are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for-profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, F.S., applicable rules of the Executive Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state funds received from this Department resource, except that state financial assistance received by a Nonstate entity for federal financial assistance and state matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and (2) conducted by independent auditors in accordance with auditing standards as stated in rules of the Auditor General. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97,F.S. The Recipientis required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the nonstate entities' financial statements, Schedule of State Financial Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan, correspondence on follow-up of prior years' corrective actions taken, and such other information determined by the Auditor General to be necessary -.~ ...... ' 1ft#' and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 G. The Recipient is hereby notified of and bound by the requirements of F., above. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this cOntract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301-4946, telephone number (850) 487-1471 and fax number (850) 942-7832. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28th Street, North, St. Petersburg, Florida 33727, telephone number (813) 572-1987. The CONTRACTOR is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The CONTRACTOR is informed that the Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. The CONTRACTOR is informed that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. .... ..... ¥'~ In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s} prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. The Contract Manager for the Department is Angela Weeks-Samanie and is located at Bureau of Entomoloav and Pest Control. Mosauito Control Proaram,1203 Governors Sauare Blvd. Suite 300. Maanolia Center I. Tallahassee. Florida 32303. The Contract Manager for the Contractor is St. Lucie County Mosauito Control District for St. Lucie County Mosauito Control District and is located at 3150 Will Fee Road. Fort Pierce. Florida 34982. Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CONTRACTOR: St. Lucie County Mosquito Control District ~ ~,~ Signature Title Date F 59-6000-835-020 Contractor's Social Security or FEID Number County of I, , a Notary Public, certify the foregoing document is a true, correct, complete and unaltered copy of The Contract Aareement. Notary Public My Commission Expires: