HomeMy WebLinkAboutAgenda Packet 06-08-04JUNE 87 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 7:00
P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County
Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board
schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of
these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777
or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
n
BOARD OF COUNTY
COMMISSIONERS
www. cost-lucie. fl. us
Paula A. Lewis, Chairman
John D. Bruhn, Vice Chairman
Doug Coward
Frannie Hutchinson
Cliff Barnes
June 8, 2004
9:00 A.M.
INVOCATION
PLEDGE OF ALLEGIANCE
1. MINUTES
District No. 3
District No. 1
District No. 2
District No. 4
District No. 5
Approve the minutes of the meeting held on June 1, 2004.
2. PROCLAMATIONS/PRESENTATIONS
A. Reading of the announcements by the County Administrator
B. Update on the North Fork Greenway Development
GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
PUBLIC HEARINGS
5A. There are no Public Hearings scheduled for June 8, 2004.
END OF PUBLIC HEARINGS
6. ADMINISTRATION
Bi-Weekly Committee Reports — Board to provide updates on the Committees and Advisory Boards that
they serve on.
7. PUBLIC WORKS
Solid Waste Division — Consider staff recommendation to award RFP 04-042 to the low bidder Waste Pro
for the Exclusive Residential Collection Service Agreement. If the Board chooses to consider the option of
placing the solid waste charges on the non -ad valorem assessment roll staff also recommends that the Board
approve the proposal from CDM to prepare the roll in a lump sum amount of $58,000.
*%W
8. UNTY ATTORNEY
O
Jrdinance No. 04-022 — Permission to Advertise — Consider staff recommendation to grant permission to
advertise draft Ordinance No. 04-022 for a public hearing on June 22, 2004 at 9:00 a.m.
9. COUNTY ATTORNEY
Ordinance No. 04-024 — Permission to Advertise — Consider staff recommendation to grant permission to
advertise draft Ordinance No. 04-024 for a public hearing on June 22, 2004 at 9:00 a.m.
10. ADMINISTRATION
Staff discussion/recommendation on Jail overcrowding
cm
CONSENT AGENDA
JUKE 8, 2004
1. WARRANTS LISTS
Approve warrants list No. 38
2. PARKS AND RECREATION
A. Fourth of July 2004 Fireworks — Resolution No. 04-160 — Consider staff recommendation to
approve Resolution No. 04-160, allocating a $2,100 sponsorship for the Fourth of July 2004
Fireworks display in downtown Fort Pierce.
Increase in change fund amount at the Lincoln Park Community Center — Consider staff
recommendation to approve to increase the change fund at the Lincoln Park Community Center
from $15 to $ 50.
C. Transfer of propane generator from Tradition Field to the Fairgrounds, Equipment Request EQ04-
261 and Budget Amendment BA04-152 — Consider staff recommendation — Consider staff
recommendation to approve Budget Amendment BA04-152, to transfer the generator to the
County Fairgrounds, and purchase the 500-gallon propane tank (EQ04-261).
COUNTY ATTORNEY
A. Lease Agreement - Lincoln Park Recreation Center, Inc — Consider staff recommendation to
authorize the Chairman to sign the Lease Agreement and pay all back storm water assessments.
Ordinance No. 04-006 - Creating Section 7.10.25 Land Development Code to Regulate the
Placement of Fireworks Retail Stores (originally numbered as Section 7.10.24) — Consider staff
recommendation to direct to proceed no further with Ordinance No. 04-006.
C. 1606 G Terrace - Surplus Real Property - Sale to Sole Bidder — Consider staff recommendation to
award sale of the property to the sole bidder at the amount bid and request approval for the
Chairman to sign a Quit Claim Deed.
D. Resolution 04-165 — Issuance by the St. Lucie County Housing Finance Authority of Not to
Exceed $1 1,200,000 Multifamily Housing Mortgage Revenue Bonds for Riverview Club Partners,
Ltd. and Riverview Club Partners II, Ltd. — Consider staff recommendation to adopt proposed
Resolution No. 04-165, as drafted.
E. South 25th Street Roadway Widening — Temporary Construction Easement — William R. Shanaver
— Consider staff recommendation to accept the Temporary Construction Easement, authorize the
Chairman to sign Resolution No. 04-153 and direct staff to record the document in the Public
Records of St. Lucie County, Florida.
F. Right of Way donation for SR-70 (Okeechobee Rd) — Realign Midway Road up to Fairground
Entrance with right and left turning lane — Pedestrian cross over bridge — Consider staff
recommendation to approve the Resolution and County Deed provided by Department of
Transportation, authorize the Chairman to execute the Resolution and County Deed, instruct staff
to return the Resolution and County Deed to Department of Transportation for recording.
G. Revised Revocable License Agreement - St Lucie County School Board - 25ft of Lawnwood
Addition — Consider staff recommendation to approve the revised Revocable License Agreement
with the School District, authorize the Chairman to execute the agreement and staff to record the
document in the Public Records of St. Lucie County, Florida.
n
in
Consent Agenda
June 8, 2004
Page Two
4. VETERANS
Donation of two 15 passenger vans from County fleet to United Veterans of St. Lucie Co. — Consider staff
recommendation to authorize the donation of two vans to the United Veterans of St. Lucie County, a non-
profit veterans organization.
5. PUBLIC WORKS
A. Harmony Heights MSBU Interlocal Agreements with the Property Appraiser and Tax Collector —
Consider staff recommendation to approve the Interlocal Agreements and authorize the Chairman
to sign the Agreements.
B. Award of Bid #04-055, Weatherbee Road and U.S. 1 Intersection Improvements — Consider staff
recommendation to Award of Bid #04-055, Weatherbee Road and U.S. 1 Intersection
Improvements to Ranger Construction Industries, Inc. in the amount of $310,173.93, to establish
the project budget and authorize the Chairman to sign the contract as prepared by the County
Attorney.
C. Solid Waste Baling 8z Recycling Cash Drawer and Cash Change Bag Fund — Consider staff
recommendation to approve increasing the Solid Waste Baling 8T Recycling Cash Drawer and Cash
Change Bag Fund from $500 to $650.
D. Approve Change Order No. 2 in the amount of $86,346.81 for modification to the Midway
Road and Glades Cut -Off Road Intersection Improvements and Midway / Glades Cut -Off Road
Utilities Extension — Phase IA projects. Construction of the projects is presently underway.
Change Order No. 2 is for adjustments to quantities and modifications to the plans (see attached
memorandum from American Consulting Engineers). During construction activities overages to
contract pay items were encountered. Additionally, this change order will address proposed
modification to the plans to accommodate the needs of the Land Fill. Consider staff
recommendation to approve and authorize the Chair to sign Change Order No. 2 in the amount
of $86,346.81 for a total contract price of $5,179,302.88 to Community Asphalt Corp. for
modification to the plans.
6. MANAGEMENT AND BUDGET
A. Resolution No. 04-164 to appropriate $10 million for a line of credit for the acquisition of land
for a new research and education center — Consider staff recommendation to approve Budget
Resolution 04-164 to establish the budget for the acquisition of land for a new research and
educational center.
B. Resolution No. 04-163 amending Resolution 04-1 15 to correct scrivener error — Consider staff
recommendation to approve Budget Resolution Number 04-163 amending Budget Resolution
Number 04-1 15.
7. PURCHASING
A. Fourth amendment to Contract No. CO2-04-399 with The Terminix International Company —
Consider staff recommendation to approve the fourth amendment to contract CO2-04-399 with
The Terminix International Company and authorize the Chairman to sign the amendment as
prepared by the County Attorney.
B. Fixed Asset Inventory -Property Record Removal — Consider staff recommendation to authorize
staff to remove records from the fixed asset inventory of the Board of County Commissioners.
�w
Consent Agenda
June 8, 2004
Page Three
C. Bid Waiver and Sole Source Purchase of Used Water Truck — Consider staff recommendation to
approve the waiver of the bid process and sole source purchase of used 1997 Ford F-800 Water
Truck with a 2000-gallon tank from Grassette Machinery Inc. for $22,000.
8. COMMUNITY SERVICES
A. Florida Department of Transportation (FDOT) Park and Ride grant — Consider staff
recommendation to authorize staff to apply for a FDOT Park and Ride grant to assist with the
development of a Park and Ride facility at Avenue D and 8th Street and for planning funds to
evaluate areas for Park and Ride facilities throughout the County.
B. Florida Department of Transportation (FDOT) Intermodal grant — Consider staff recommendation
to authorize staff to apply for a Florida Department of Transportation grant funds to assist with the
development of an intermodal facility at Avenue D and 8th Street.
C. Florida Department of Transportation (FDOT) Public Transit Service Development grant —
Consider staff recommendation to authorize staff to apply for a Florida Department of
Transportation (FDOT) Public Transit Service Development grant for a downtown shuttle in Port
St. Lucie and in Fort Pierce and approve the 50% match from the Public Transit MSTU.
9. AIRPORT
A. Award of Bid (#03-029) to Dickerson Florida, Inc. for the Extension of Taxiway A — Consider
staff recommendation to award the Base Bid of $232,190 to Dickerson Florida, Inc. for the
extension of Taxiway A project at St. Lucie County International Airport.
B. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for $508,000
for the Rehabilitation of Taxiway E — Consider staff recommendation to accept the Florida
Department of Transportation Joint Participation Agreement, and authorize the Chair to execute
the ]PA and Resolution 04-166 authorizing the Chair to sign the agreement, for the Rehabilitation
of Taxiway E project at the St. Lucie County International Airport. This FDOT grant provides for
$508,000 of the $635,000 required for this project.
t
M
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ANNOUNCEMENTS
JUNE 8, 2004
A. Meeting Changes:
• Effective June 15, 2004 the first and third Tuesday of every month, the Board meetings will be
held at 6pm.
• The July 6, 2004 Board of County Commissioners meeting has been canceled.
B. On Saturday, June 12th, at 7:30 p.m. the St. Lucie Mets will host the 2004 Florida State League
All -Star Game at Tradition Field in Port St. Lucie. This will be the 42nd All Star Game for the
league, and the second time since the New York Mets first came to our community that the event
has been held at the St. Lucie County Sports Complex.
C. The Treasure Coast "Wings `N Wheels" Air Show is scheduled for June 12th 8z 13th, 2004, at
the St. Lucie County International Airport. The Gates open at 9:00 a.m., and the opening
ceremony is scheduled for 1 1:00 a.m. on Saturday, June 12th. Air performances will run from 2
to 4 p.m. each day. Admission is $7 for adults and $3 for children.
D. The Blueway Advisory Committee will hold a public hearing on June 14th, 2004 at 6 pm in the
Roger Poitras Administration Annex, third floor conference room on the Management Plan for
Queens Island Preserve. For more information or to review a copy of the proposed management
plan, please contact the Environmental Resources Division at (772) 462-2526.
E. The Environmental Resource Division will hold a public hearing on June 14, 2004 at 6:30pm in
the Roger Poitras Administration Annex, third floor conference room on the General Management
Plan for the Ten Mile Creek Recreation Area.
F. June 20th-26th more than 4,000 firefighters and law enforcement officers are expected to arrive
on the Treasure Coast to compete in the Florida Police 8z Fire Games. This is the second
consecutive year this area has hosted the event. The games will be held at various in Indian River,
St. Lucie and Martin Counties. St. Lucie County venues include the Tradition Field, the St. Lucie
County Fairgrounds, Fort Pierce Central High School, Indian River Community College and more.
G. 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 and we ask that you please submit any
questions by June 11 th so that they can be addressed at the Presentation.
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.
FOUNTY
Lv>Ri>A
]LINE 8.12004
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 pdQr 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 aQ7:OO��P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the
Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board
schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of
these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777
or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
BOARD OF COUNTY
COMMISSIONERS
www.co.st-lucieaus
Paula A. Lewis, Chairman District No. 3
John D. Bruhn, Vice Chairman District No. 1
Doug Coward District No. 2
Frannie Hutchinson District No. 4
Cliff Barnes District No. 5
June 8, 2004
9:00 A.M.
INVOCATION
PLEDGE OF ALLEGIANCE
1. MINUTES
Approve the minutes of the meeting held on June 1, 2004.
2. PROCLAMATIONS/PRESENTATIONS
"c6uN
ry
F
LORI
D A
A. Reading of the announcements by the County Administrator
B. Update on the North Fork Greenway Development
3. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
PUBLIC HEARINGS
5A. There are no Public Hearings scheduled for June 8, 2004.
END OF PUBLIC HEARINGS
6 ADMINISTRATION
Bi-Weekly Committee Reports — Board to provide updates on the Committees and Advisory Boards that
l they serve on.
7. PUBLIC WORKS
Solid Waste Division — Consider staff recommendation to award RFP 04-042 to the low bidder Waste Pro
for the Exclusive Residential Collection Service Agreement. If the Board chooses to consider the option of
placing the solid waste charges on the non -ad valorem assessment roll staff also recommends that the Board
approve the proposal from CDM to prepare the roll in a lump sum amount of $58,000.
8. COUNTY A17ORNEY "ad
Ordinance No. 04-022 — Permission to Advertise — Consider staff recommendation to grant permission to
C advertise draft Ordinance No. 04-022 for a public hearing on June 22, 2004 at 9:00 a.m.
9. 1 COUNTY ATTORNEY
Ordinance No. 04-024 — Permission to Advertise — Consider staff recommendation to grant permission to
advertise draft Ordinance No. 04-024 fora public c hearing on June 22, 2004 at 9:00 a.m.
10. ADMINISTRATION
Staff discussion/recommendation on Jail overcrowding
CONSENT AGENDA NOOO
]LINE 8, 2004
1. WARRANTS LISTS
Approve warrants list No. 38
2. PARKS AND RECREATION
A. Fourth of July 2004 Fireworks — Resolution No. 04-160 — Consider staff recommendation to
approve Resolution No. 04-160, allocating a $2,100 sponsorship for the Fourth of July 2004
Fireworks display in downtown Fort Pierce.
B. Increase in change fund amount at the Lincoln Park Community Center — Consider staff
recommendation to approve to increase the change fund at the Lincoln Park Community Center
from $15 to $ 50.
C. Transfer of propane generator from Tradition Field to the Fairgrounds, Equipment Request EQ04-
261 and Budget Amendment BA04-152 — Consider staff recommendation — Consider staff
recommendation to approve Budget Amendment BA04-152, to transfer the generator to the
County Fairgrounds, and purchase the 500-gallon propane tank (EQ04-261).
3. COUNTY ATTORNEY
A. Lease Agreement - Lincoln Park Recreation Center, Inc — Consider staff recommendation to
authorize the Chairman to sign the Lease Agreement and pay all back storm water assessments.
B. Ordinance No. 04-006 - Creating Section 7.10.25 Land Development Code to Regulate the
Placement of Fireworks Retail Stores (originally numbered as Section 7.10.24) — Consider staff
recommendation to direct to proceed no further with Ordinance No. 04-006.
C. 1606 G Terrace - Surplus Real Property - Sale to Sole Bidder — Consider staff recommendation to
award sale of the property to the sole bidder at the amount bid and request approval for the
Chairman to sign a Quit Claim Deed.
D. Resolution 04-165 — Issuance by the St. Lucie County Housing Finance Authority of Not to
Exceed $1 1,200,000 Multifamily Housing Mortgage Revenue Bonds for Riverview Club Partners,
Ltd. and Riverview Club Partners II, Ltd. — Consider staff recommendation to adopt proposed
Resolution No. 04-165, as drafted.
E. South 25th Street Roadway Widening — Temporary Construction Easement — William R. Shanaver
— Consider staff recommendation to accept the Temporary Construction Easement, authorize the
Chairman to sign Resolution No. 04-153 and direct staff to record the document in the Public
Records of St. Lucie County, Florida.
Right of Way donation for SR-70 (Okeechobee Rd) — Realign Midway Road up to Fairground
Entrance with right and left turning lane — Pedestrian cross over bridge — Consider staff
recommendation to approve the Resolution and County Deed provided by Department of
Transportation, authorize the Chairman to execute the Resolution and County Deed, instruct staff
to return the Resolution and County Deed to Department of Transportation for recording.
G. Revised Revocable License Agreement - St Lucie County School Board - 25ft of Lawnwood
Addition — Consider staff recommendation to approve the revised Revocable License Agreement
with the School District, authorize the Chairman to execute the agreement and staff to record the
document in the Public Records of St. Lucie County, Florida.
Consent Agenda
June 8, 2004
Page Two
4. VETERANS
Donation of two 15 passenger vans from County fleet to United Veterans of St. Lucie Co. — Consider staff
recommendation to authorize the donation of two vans to the United Veterans of St. Lucie County, a non-
profit veterans organization.
5. PUBLIC WORKS
A. Harmony Heights MSBU Interlocal Agreements with the Property Appraiser and Tax Collector —
Consider staff recommendation to approve the Interlocal Agreements and authorize the Chairman
to sign the Agreements.
B. Award of Bid #04-055, Weatherbee Road and U.S. 1 Intersection Improvements — Consider staff
recommendation to Award of Bid #04-055, Weatherbee Road and U.S. 1 Intersection
Improvements to Ranger Construction Industries, Inc. in the amount of $310,173.93, to establish
the project budget and authorize the Chairman to sign the contract as prepared by the County
Attorney.
C. Solid Waste Baling 8t Recycling Cash Drawer and Cash Change Bag Fund — Consider staff
recommendation to approve increasing the Solid Waste Baling 8i Recycling Cash Drawer and Cash
Change Bag Fund from $500 to $650.
D. Approve Change Order No. 2 in the amount of $86,346.81 for modification to the Midway
Road and Glades Cut -Off Road Intersection Improvements and Midway / Glades Cut -Off Road
Utilities Extension — Phase IA projects. Construction of the projects is presently underway.
Change Order No. 2 is for adjustments to quantities and modifications to the plans (see attached
memorandum from American Consulting Engineers). During construction activities overages to
contract pay items were encountered. Additionally, this change order will address proposed
modification to the plans to accommodate the needs of the Land Fill. Consider staff
recommendation to approve and authorize the Chair to sign Change Order No. 2 in the amount
of $86,346.81 for a total contract price of $5,179,302.88 to Community Asphalt Corp. for
modification to the plans.
6. MANAGEMENT AND BUDGET
A. Resolution No. 04-164 to appropriate $10 million for a line of credit for the acquisition of land
for a new research and education center — Consider staff recommendation to approve Budget
Resolution 04-164 to establish the budget for the acquisition of land for a new research and
educational center.
Resolution No. 04-163 amending Resolution 04-1 15 to correct scrivener error — Consider staff
recommendation to approve Budget Resolution Number 04-163 amending Budget Resolution
Number 04-1 15.
7. PURCHASING
A. Fourth amendment to Contract No. CO2-04-399 with The Terminix International Company —
Consider staff recommendation to approve the fourth amendment to contract CO2-04-399 with
The Terminix International Company and authorize the Chairman to sign the amendment as
prepared by the County Attorney.
B. Fixed Asset Inventory -Property Record Removal — Consider staff recommendation to authorize
staff to remove records from the fixed asset inventory of the Board of County Commissioners.
Consent Agenda
June 8, 2004
Page Three
C. Bid Waiver and Sole Source Purchase of Used Water Truck — Consider staff recommendation to
approve the waiver of the bid process and sole source purchase of used 1997 Ford F-800 Water
Truck with a 2000-gallon tank from Grassette Machinery Inc. for $22,000.
8. COMMUNITY SERVICES
A. Florida Department of Transportation (FDOT) Park and Ride grant — Consider staff
recommendation to authorize staff to apply for a FDOT Park and Ride grant to assist with the
development of a Park and Ride facility at Avenue D and 8th Street and for planning funds to
evaluate areas for Park and Ride facilities throughout the County.
Florida Department of Transportation (FDOT) Intermodal grant — Consider staff recommendation
to authorize staff to apply for a Florida Department of Transportation grant funds to assist with the
development of an intermodal facility at Avenue D and 8th Street.
C. Florida Department of Transportation (FDOT) Public Transit Service Development grant —
Consider staff recommendation to authorize staff to apply for a Florida Department of
Transportation (FDOT) Public Transit Service Development grant for a downtown shuttle in Port
St. Lucie and in Fort Pierce and approve the 50% match from the Public Transit MSTU.
9. AIRPORT
A. Award of Bid (#03-029) to Dickerson Florida, Inc. for the Extension of Taxiway A — Consider
staff recommendation to award the Base Bid of $232,190 to Dickerson Florida, Inc. for the
extension of Taxiway A project at St. Lucie County International Airport.
B. Florida Department of Transportation (FDOT) joint Participation Agreement (IPA) for $508,000
for the Rehabilitation of Taxiway E — Consider staff recommendation to accept the Florida
Department of Transportation joint Participation Agreement, and authorize the Chair to execute
the IPA and Resolution 04-166 authorizing the Chair to sign the agreement, for the Rehabilitation
of Taxiway E project at the St. Lucie County International Airport. This FDOT grant provides for
$508,000 of the $635,000 required for this project.
ST. LUZ.IE COUNTY BOARD OF COUNTY COMMISONERS
ANNOUNCEMENTS
JUNE 81 2004
A. Meeting Changes:
• Effective June 15, 2004 the first and third Tuesday of every month, the Board meetings will be
held at 6pm.
• The July 6, 2004 Board of County Commissioners meeting has been canceled.
On Saturday, June 12th, at 7:30 p.m. the St. Lucie Mets will host the 2004 Florida State League
All -Star Game at Tradition Field in Port St. Lucie. This will be the 42nd All Star Game for the
league, and the second time since the New York Mets first came to our community that the event
has been held at the St. Lucie County Sports Complex.
C. The Treasure Coast "Wings `N Wheels" Air Show is scheduled for June 12th 8t 13th, 2004, at
the St. Lucie County International Airport. The Gates open at 9:00 a.m., and the opening
ceremony is scheduled for 1 1:00 a.m. on Saturday, June 12th. Air performances will run from 2
to 4 p.m. each day. Admission is $7 for adults and $3 for children.
D. The Blueway Advisory Committee will hold a public hearing on June 14th, 2004 at 6 pm in the
Roger Poitras Administration Annex, third floor conference room on the Management Plan for
Queens Island Preserve. For more information or to review a copy of the proposed management
plan, please contact the Environmental Resources Division at (772) 462-2526.
E. The Environmental Resource Division will hold a public hearing on June 14, 2004 at 6:30pm in
the Roger Poitras Administration Annex, third floor conference room on the General Management
Plan for the Ten Mile Creek Recreation Area.
F. June 20th-26th more than 4,000 firefighters and law enforcement officers are expected to arrive
on the Treasure Coast to compete in the Florida Police 8L Fire Games. This is the second
consecutive year this area has hosted the event. The games will be held at various in Indian River,
St. Lucie and Martin Counties. St. Lucie County venues include the Tradition Field, the St. Lucie
County Fairgrounds, Fort Pierce Central High School, Indian River Community College and more.
G. 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 and we ask that you please submit any
questions by June 11 th so that they can be addressed at the Presentation.
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.
ST. LUCIE COUNTY
MOSQUITO CONTROL DISTRICT
John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes
District 1 District 2 District 3 District 4 District 5
AGENDA
June 8, 2004
1. MINUTES
�U
Approve the minutes of the meeting held May 25, 2004.
2e GENERAL PUBLIC COMMENT
CONSENT AGENDA
1. WARRANTS LISTS
Approve Warrants List No. 37 and 38.
2. MOSQUITO CONTROL
A. Declaration of Surplus Property — Consider staff recommendation to approve to surplus the
r District equipment referenced in the list, Board authorize to offer the surplus equipment to
j interested Mosquito 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.
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.
COUNTY A NEY
rdinance No. 4-022 — Oermission to Advertise — Consider staff recommendation to grant permission to
j�advertise draft Ordinance No. 04-022 for a public hearing on June 22, 2004 at 9:00 a.m.
9. COUNTY ATTORNEY
"rdlancle Ao. 041C&I4 iermli's`s ion to Advertise — Consider
to
5-- Cvertise draft Ordinance No. 04-024 for a public hearing on Jtune 22, 2004don at'9 00 a.mnt permission to
ti
IS. A®MINISTRATION
Fi p Staff discussion/recommendation on Jail overcrowding
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TRANSMITTAL
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Organization,
Fax:
phone:
Date:
Subject: � .�
Pages:----------
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From the office of:
Cart E. Coo!
County Administrator
Highlands County ward of County Cammissioners
P. O. Box 1926
Sebring, FL 33871-1926
Phone: (863) 402.6517
Fax: (863) 402.6a35
G6'07/2004 151b-01
4026835 ADti1INISTRATIOH PAGE 02/06
aliment ,_�_.,. .....�W. � _.. ._y� Fad.
1'
a
4
From: ,j. Ross Macbeth"{laorofficeoflrossmacbeth@earthlink.net>
Ta: ,Carl E. Cool" <cCool@bcC.co.highlands.fl.us>
Date: 61712004 4:21:58 PM
Subject: St. Lucle inmate Agreement
Helio Carl, I have made changes and corrections to the agreement. I have attached a clean text version
and a version showing the changes I made. Please let me know if you need anything else, I need you to
distribute these drafts to the interested individuals as I do not have thei- a -mail addresses. Thanks, Ross
Macbeth
FJS/07i2034 I Nkve
4226835 ADM INISTPATIDN PAGE 53/06
Highlands County, Florida
and
St. Lucie County, Florida
Agreement for Inmate Bed Space
THIS CONTRACT, is made and entered into by and between Highlands County, a political
subdivision of the State of Florida (bereinafter "Highlands Count)''), and St. Lucie County, a
political subdivision of the State of Florida (hereinafter "St. Lucie County").
WHEREAS, St. Lucie County, from time to time, experiences inmate populations which exceed the
max.imu:r. capacities of its correctional facilities; and
WHEREAS, St. Lucie County is in nerd of bed space for housing inmates detained by file proper
authorities of St, Lucie County (hereinafter "Non -County Inmates"); and
WHEIt1C &S, it is in the 'nest interest o f St. Lucre County to obtain inm ate bed space that is avail able
from other correctional facilities throughout the State of Florida; and
WHEREAS, Highlarrds Countyhas, from time to time, inxz:►ate bed space available at the Higblands
County Detention Facility (bereinafter the "Facility").
NOW THEREFORE, in consideration of the premises and mutual covenants contained herein,
:Highlands County and St, Lucie County hereby agree as fo11olys:
Section 1. Incarceratlon of 1nmatP.s: Highlands County will incarcerate and detain at the
Facility, on a space available basis, those Non-CowtyInmat'es, which St, Lucie County
may deliver- to Highlands Courizy from time to time for incarceration. Upon request of
Highlands County, St. Lucie County will remove any one or all. inmates within twenty-
four (24) hours of such request. St. Lucie County shall not send state or federal
prisoners to the Facility.
Section 2. Compensation: St..Lucic will pay to Highlands County the sum of $40.00 per inmate
bed space for each day or part thereof. The rates for inmate bedspaces may increase
only upon written agroement siped by all. parties.
Sectiou 3. invoices: Higbiands County shall invoice St. Lucie. County on a monthlv basis for
inmate bed space obtained in accordance with Section 2, Compensation. Highlands
County sha.:l provide St. Lucie County with any documentation required to process
invoices. St. Lucie County will forward payment to Highlands County within thirty
(30) days of receipt of invoice and any necessmy documentation.
eS/07/20D4 1F**We 4E26a35
ADMIHISTRATI_i11 1.40 PAGE Od'/OE
Section 4. Train sport.atiori: St. Lucie County is responsible for all transportation of Non -County
Inmates, except, however, that Highlands County will provide transportation in a
medical. era�geocy and bill St. Lucie pursuant to Sec'_iou 3, Invoice;,. Highlands
County reserves the right to return any Non -County Innate to St. Lucie Comity wto,
becomes continuously combative, destructive, or is deemed to bo a threat to the safety
of staff or other i ann.ates. If that occurs, Highlands County will provide transportation
at no cost to St. Lucie County.
Sectior. f+,. Medical Care: Highlands County will providc Non -County Inmates acccss to routine
in<;dical care currently provided at the Facility. Highlands County agrees to provide
routine non-proscription;aiedication such as aspirin, antacids, decongestants, Band-
Aids, or topical oitatment at no expense to St. Lucie County. St. Lucie County will.
reimburse Highlands County for all pre.seriptionmedication provided to the Non -
County hunaies which are invoiced pursuant to Section 3, Invoices. All routine ira.-
house rnedica.i care provided at the Facility will be paid for by the Non -County
vitnates, which may be billed to their respective inmate account. Those Non -County
lnmatcs that meet indigence requirements will be allowed to carry a negative balance
on their account. The negativebalanee MU transfer with theNi on-CountyIn;m ate to St.
Lucie Coun_y which agrees to reinabu.rse Highlands County pursuant to Sectiorj 3,
Invoices. St. Lucke County agrees to be responsible for all non -routine medical care
jW11Uding, but not lim.itcd to, items such as medical and/or mental heaitlt care provided
away from the facility. Highlands County shall be responsible for all security during
the hospital confinement of Non -County Inmates within Highlands County and will
invoice St. Lucie County at a rate of S22.00 per hour for such assistance. All invoices
shall be processed in accordance with Section 3, Invoices.
Section S. Recreation, Access to Courts, Food Servir., Commissary, Pail, Religious,
Grievance Procedure, Visitatioxa, Discipline aiad Telephones: Fliginlands County
will provide Non -County Inmates access to recreation, courts, food service,
commissary. mail, religion, grievance procedure, visitation, disciplipe, and telephone
services at the same level that such services are currentlybeing provided at the Facility.
Section 'J. 'rerm., This contract shall commence on the date of signing by all parties and shall
continue until December 31, 2004. The parties may renew this contract for two M
additional one (1) yen terms. Such renewal to be in the form of an addendum signed
by all partizs. This agreement may be canceled by either party with thirty (30) days
prior a ritten notice.
Section 3. Liability: Highlands County and St. Lucie County, agree that each party shall be
responsible for any andall acts or omissioAs due to negligence of their respective
officers, employees or agmits. However, nothing herein is intendedto deprive St. Lucie
County HighlaCounty, the Highlands County Sheriff or any of th
nds eir respective
officers, employees or agents of the benefit of any law limiting exposure to liability or
settins a ceiling on damages, or both, or of ary aw esta �s tnQ a cTe erase to any c a m
asserted against any of thern.
2
h6!�1%12N'c4 i5� 4226835
ADMINISTRATION 1.00� PAGE 05/06
Section 9. Post Conviction Actions: Except as rnodi cottftnemeut by Highlands
County shy it not deprive any inmate of any legal right which he would have if confined
in a St. Lucie County correctional facility, Highlands County shall not be responsible
for defmidirng any post conviction action including appeals and Writ of Habeas Corpus
by a Non -County Inmate challenging the underlying judgment of conviction or the
administration of the sentence imposed.
Sec6001.0. 1\ otice of Claims: Within fifteen (1 S) working days afler receipt by St. Lucie County
or any v.f its agents, employees, or officers of a summons in any action or notice of
claim, St. Lucie County shall notify Highlands County in writing of thereceipt thereof.
This requiremejIt is intended to insure that Highlands County's defense of the claim is
not harmed by failure to comply ufith tb.e .n.otice requirements. Failure to cornply with
the notice requirements can result in Highlands County's refusal to be held liable for
any and all acts or omissions due to negligence on the part O,f.Hi.ghlan.dG County or au
of its agents, employees, or officers, if such failure to :notify results in prejudice to
Highlands County, or anyofits agents, employees, or officers. Likewise, within fifteen
(15) working days after receipt by Highlands County or any of its agents, employees,
or officers of a summons in. any action or notice of claim, Highlands Coun, shall
notify St. Lucie County in writing of the receipt thereof. This requitement is intended
to in sure that St. Lucie Comity's defense of a claim is not harmed by a failure to comply
M ith the notice requirements. Failure to comply with the notice requirements can .result
in St. Lucie COJnty's teflisal to be held liable for any and all acts or omissions duo to
negligenec on the part of St. Lucie County or any of its agents, employees, or off cers,
if suer failure to notify results in prejudice to St. Lucie County or any of its agents,
ezriploye-es, or officers.
Section I I- Prior Occurrence: jVith respect to Non-Coua�.tyIxaraa#es, Highlands County shall not
be responsible for any losses or. costs resulting from litigation or claims during the time
this contract is effective or for lawsuits arising thereafter relating to events or
conditions, which occurred or existed prior to the effective date of the contract.
Highlands County agrees to cooperate with St. Lucie County in defense of these suits
or claims. Highlands County and St. Lucie County agree that each party shall be
responsible for any and all acts or omissions duc to negligence of their respective
Officers, erployees, oragants. However, nothing herein is intended to deprive St. Lucie
County, tine .Highlands County Steriff, Highlands County, or any of their respective
officers, agents, or employees of the benefits of any lair limiting exposure to liability
or setting A ceiling on damages, or both, or of arsy law establishing a defense to any
claim asserted against any ofthem.
Section ,l I Notices: All notices required under this contract will b. sent by certified mail, return
receipt requested:
To Highlands County: Attn: David Flowers
Board of County Commissioners
P.O. Box 1926
Sebzi_ng, Florida 33871
863-402-6500
06/07/20a4 I E: AW 4026835
ADMINISTRATION *MO4 PAGE: 06/06
To St. Lucie County; Doug Anderson
County A.drtiinistrator
2300 Vixginia Ave,
Ft. Pierce, Florida 34982
Section 13. No.n-Discrimination; St. Lucie County and Hi hlands
opportunity Employer. County are an Equal
Section 14. Third Party., Right,,: The provisions of this contract are for the s
Parties hereto and will not be construed as confemrz an sole benefit of the
or entity. g y rxglxts on any other person
fiQCtron 15, Miscellaneous, This contract embraces all terms, conditions, and
between Ilighland,s County and St. .LuCie Cotult . understanding
Section 16. Resolution of Disputes and Vetzue: Any controversy, claim, or dispute of, n in C01 eicati with this contract, including without lirnitatiorn the intended
sp a arising out
obligati
i ng or. application of zuyprocision of this contract or the perforibance of any civil
obligatzot? under this contract, shall first be referred to mediation before a certified
circuit court civil ruediator, who shall be chosen by the Chief Judge Of tile "Tenth
Judicial Circuit in and for Highlands County, Florida, which shall be the sole
venue and jurisdiction. court of
Datcd this _ day of , 2004.
ATTEST:
0
L.T. "Luke" Brooker, clerk -
ATTEST:
By:
, Clerk
HIGHLANDS COUNTY, a political
subdivision of the State of. Florida
0
David W. Flowers, Chairman
Approved as to Form and Legal Sufficiency
By:
J. Ross Macbeth, Board Attomey
ST. LUCTE COUNTY, a political subdivision
of the State of Florida
By:
, Cbairmm.
C'•T)oconuts and Settings woanLn=l S:ttings\Temp`,AS=, =ic Rcviscd N0704.%%pd
4
n
TO:
FROM:
COUNTY ADMINISTRATION
EMORANDUM
04-100
Ken Mascara, Sheriff
Douglas M. Andersonwounty Administrator
DATE: June 7, 2004
RE: Inmate Transportation
I have received the attached unsolicited proposal for inmate transportation services.
Please let me know whether or not you feel that a service such as this could be used to
transport inmates to other facilities.
DMA/ab 04-100
c: Board of County Commissioners
Ray Wazny, Assistant County Administrator
Dan McIntyre, County Attorney
Garry Wilson, Chief Deputy
Pat Tighe, Major - Director of Detention
Attachment
M
GOD'S CHARIOTS
TRANSPORTATION SERVICES
........................................................... ...
Kill
F- A�01 P•_'j
PhonC. C i'2 )3 -G-1
Fay,. (771)871-2ti90
June 03`d, 2004
Mr. Douglas Anderson,
County Administrator
It is with great pleasure that I write to you in the hopes of being of service to St. Lucie
County, Florida. After learning of the problem that St. Lucie County is having with the
inmate population at the St. Lucie County Jail and the fact that you are considering
transporting those inmates to other housing facilities outside of St. Lucie County, Florida I
thought that my services could be of help to you.
I am the sole proprietor of God's Chariots Transportation Service which is located in
St. Lucie County, Florida. This is a new company that began in January of 2004. I am fully
licensed with St. Lucie County, The City of Port St. Lucie, as well as several other
counties that have Airports or Seaports. Our company provides transportation services to
individuals or groups to the airports, seaports, doctor's offices, entertainment, or any
other service that they may need. Our company holds the maximum Commercial Liability
Insurance of $500,000.00 per incident and also carries a Commercial Carrier Policy to
protect the business itself.
I am a friend to Law Enforcement and to St. Lucie County, Florida after serving as a
police officer for twenty four years prior to starting my own business. I am known in this
area and people are familiar with my work ethic and service to the community. I would
therefore like to offer the services of God's Chariots Transportation Service to move the
inmates from the St. Lucie County Jail to the other housing facilities around the State of
Florida. I therefore offer the following proposal.
I have the resources to provide transportation to St. Lucie County, Florida within a
twenty four hour notice and am capable of moving at least twelve inmates per trip until the
County Commission deems that the overage has been addressed properly. I have the
resources to pickup and return those inmates for court purposes also if necessary. I would
recommend that the inmates being transported be already sentenced to serving County jail
time rather than those that have court hearings scheduled. This would cut the cost to the
county tremendously if those inmates only had to be transported once to the other facility.
It should also be addressed whether the inmate can be released from their holding facility
at the conclusion of their sentence. I do not believe that it would be St. Lucie County's
responsibility to transport them back to this area. If it was determined that we did in fact
Page One
*Ad
have to release them in this County then God's Chariots would be available to assist in this
matter. It may also be advantageous to St. Lucie County to determine that if an inmate is
able to be released from the other holding facility at the completion of their sentence and it
was found that St. Lucie County had to provide them transportation back to the area that I
believe a bus ticket may suffice and be very much cheaper for the county.
God's Chariots would not be willing to transport Violent Felons, inmates with known
communicable diseases, inmates with mental health issues, or serious medical conditions. .
All other inmates would qualify for transportation. God's Chariots will treat the inmates
with respect and not be judgmental of them. They will be told what is expected of them
and the fact that any adverse behavior will be reported to the judicial system. I do not
believe that we will have a problem with transportation. God's Chariots personnel will not
be charged with detaining of the inmates. Our sole purpose is transportation and their well
being while being transferred from the St. Lucie County Jail to the other housing facility.
If an inmate decides to leave the transporting van he will be informed both verbally and in
written form that he will be reported to Law Enforcement personnel and will probably face
additional criminal charges. God's Chariots personnel will not stop anywhere other than
for gasoline and restroom facilities while in transit.
It is recommended that inmate transportation and movement be done between the
hours of 10:00p.m. and 8:OOa.m. and during the middle of the week. God's Chariots
personnel will be available at anytime that the County Commissioners or the Sheriff deem
necessary, but it is assumed that the above stated hours will bring less strain to the staff of
St. Lucie County, the Sheriff's Department, God's Chariots, and the receiving facility. It
will also be easier for Law Enforcement to apprehend any inmate that decides to leave the
transporting van from another jurisdiction due to the fact that this is the most available
time for Law Enforcement.
It is the desire of the staff of God's Chariots Transportation Service to minimize the
cost of transportation to St. Lucie County, Florida. Therefore St. Lucie County will only
be charged from the time that the transporting van arrives at the St. Lucie County Jail and
charges will end when the receiving facility has released the transportation team and
accepted all the inmates. St. Lucie County will not be charged for travel time back to St.
Lucie County, Florida when no inmates are present. No overnight travel expenses will be
incurred, no per diem charges will be incurred, and personnel will not eat or drink
beverages during transportation. As none will be allowed by inmates. As you can see, I
believe that the staff of God's Chariots has the best interest of St. Lucie County, Florida in
mind and stands committed to a wonderful working relationship with the Commissioners,
their Staff, the Sheriff, and his staff for as long as it takes to rectify this problem and for
any future needs or uses of God's Chariots Transportation Service. Below is a list of
Page Two
charges which will incur for transportation purposes. This service is negotiable and subject
to change if additional expenses are found, but only at the approval beforehand from the
St. Lucie County Commission or the office of County Administrator.
There will be a charge of $25.00 per inmate transported to a receiving facility. There
will be a minimum charge of $200.00 for the transporting vehicle for each trip. Therefore
if there are twelve inmates this cost will be $300.00 for the trip. But if the county only has
one to seven inmates transported the charge would still be $200.00. A maximum of twelve
inmates is the recommended amount per trip for inmate safety, God's Chariots personnel
safety, and the public's safety. It is requested that the inmates remain dressed in their scrub
outfits from the St. Lucie County Jail and that their personal belongings be bagged and
stapled shut. This will make inmate identification easier, and check in at the receiving
facility easier and more expeditious. The scrub outfits belonging to the St. Lucie County
Sheriff s department will be bagged and returned to the Jail upon completion of the trip.
There will be a .20 cent per mile charge to cover gasoline expenses, and vehicle
maintenance. Depending on the location traveled to, tolls will be paid by St. Lucie County
and receipts provided. The Sheriffs department will be given a map of the travel route to
be taken prior to leaving the St. Lucie County jail which will also show the exact miles.
No deviation will occur from this map other than by the direction of Law Enforcement.
i.e. a vehicle accident or other incident.
There will be a charge of $15.00 per hour for a driver and a monitor for each trip. This
hourly rate will begin upon arrival at the St. Lucie County Jail and will end upon the
receiving facility accepting all the inmates and releasing the transportation team. It will be
necessary for two employees to conduct this trip for the safety of the inmates, and the
personnel of God's Chariots. By doing this it will not be necessary to stop for extended
amounts of time during travel to the receiving facility and if restroom breaks are needed
one employee will stay with the van and the other with the inmates using the facility. It is
also to protect the property of God's Chariots, and inmate belongings, and to monitor
their activity during transport.
Respectfully Submitted,
a��`
Robert J. Gr m Sr.
Page Three
M
Page 1 of 1
Douglas Anderson - Inmate Transportation
�iY�' �'�" v
From:
Raymond Wazny
To:
Douglas Anderson
5 r, ,y
--'
Date:
6/7/2004 3:30:54 PMj�'
Subject:
Inmate Transportation
Trans Core provided the following quote for transport of inmates:
Highlands Co. - 65 cents per mile = $54.60
Each additional inmate in same vehicle = $43.68
Taylor Co. - 65 cents per mile=$196.30
Each additional inmate in same vehicle=$157.04
4W G c
e-i
1.
file://C:\Documents%20and%20Settings\Administrator\Local%20Settings\Temp\GW } 0000... 6/7/2004
Jun 07 04 04: ? Engineering Department (772) 460 -47 p.2
CIWtorldaRT
--
June 7, 2004
Doug Anderson, SLC Administrator
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34950
SUNK
ZAP///
�CIT�
OFFICE OF THE CITY ENGINEER
TEL. (772) 460-2200, EXT. 143
www.cilyoffortpierce.com
THIS LETTER FAXED FOR EXPEDIENCE
14
SUBJECT: BUILDING OFFICIAL SERVICES TO THE CITY
Dear Mr. Anderson: !
As we spoke on the phone today, this is to request the St. Lucie County Building Department to
perform temporary Building Official services for approximately 30 to 60 days starting ASAP. If you
agree, please let us know so we can start the coordination between our agencies for a process that
will continue our Building Permit and Certificates of Occupancies in an acceptable and proficient
manner. This may necessitate our Building Department work- force input as required.
Sincerely yours,
Hector P. Arias, P.E.
City Engineer
cc: City Manager
Hector Franco
S:'0:fice',VTYGEN11004 Re3Rcqucst to SLC-Bldg Offdal-060704.%kTd
OfficeFdaSL &ngDepartment
CITY HALL - 100 NORTH U.S. 1 • P. O. BOX 1480 • FORT PIERCE, FLORIDA 34954-1480
'.Jun 07 04 04 p Engineering Department (772) 46C 347 p.1
FAXTRANSMISSION
CITY OF PORT PIERCE
Office of the City Engineer
100 N. U.S. i
Ft. Pierce, FL 34954
Fax: 772 460 6847
To: Doug Anderson Date: 6/7/04
Fax #: 462-1648 Pages: 2 Including cover sheet
From: Hector Arias
Subject: Building Official Services to the City
COMMENTS: Faxing this per your request.
M
en
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: June 1, 2004
Convened: 7:00 p.m.
Tape: 1-2 Adjourned: 8:45 p.m.
Commissioners Present: Chainnan, Paula A. Lewis, Frannie Hutchinson, John D. Bruhn,
Cliff Barnes, Doug Coward
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Dan McIntyre, County Attorney, Mike Bowers, Utilities Director, Don
West, Public Works Director, Roger Shinn, Central Services Director, Beth Ryder,
Community Services Director, Paul Phillips, Airport Director, Ed Parker, Purchasing
Director, Millie Delgado -Feliciano, Deputy Clerk
1. MINUTES (1-032)
It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of
the meeting held May 25, 2004; and, upon roll call, motion carried unanimously.
2. PROCLAMATIONS/PRESENTATIONS
The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS
Mr. George Baker, Port St. Lucie resident, addressed the Board regarding the legality of
anyone in a government office (outside of law enforcement) requiring a drivers license as
a form of identification.
Mr. Charles Grande, Hutchinson Island resident requested the Board consider televising
other county meetings.
Mr. Carroll Collins, Licensed Bondsman, addressed the Board regarding the
overcrowding ol'the jail and expressed his concerns with the pre-trial ankle bracelets.
4. CONSENT AGENDA (1-602)
It was moved by Com. I lutchinson, seconded by Com. Coward, to approve the
Consent Agenda; and, upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List No. 37.
2. UTILITIES
A. Fifth Amendment to the agreement between Severn Trent Avatar
Utility Service, LLC and St. Lucie County- The Board approved the
Fifth Amendment to the agreement in the amount if $134,117.64.
B. Change Order for AWM Construction Inc.- The Board approved the
Change Order for AWM Construction, Inc., to install an additional
aluminum exit door and impact fees/costs for the Dry Storage Building
�wrrIWO
05/28/04 ST. LUCIE COUNTY -
BOARD
PAGE
FZABWARR WARRANT LIST #37- 22'-MAY-2004 TO 28-MAY-2004
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
001
General Fund
550,139.37
0.00
001131
FTA Section 5303 Grant FY01
187.34
0.00
001149
Section 112/MPO/FHWA/Planning 2004
2,645.51
0.00
001155
USDOJ Violence Against Women Grant
17,314.94
0.00
001157
CSBG Grant FY04
4,033.09
0.00
001158
Urban Mobile Irrigation Lab 03/04
468.29
0.00
001286
FDCA/EMPA 2004
130.16
0.00
101
Transportation Trust Fund
84,728.65
0.00
101002
Transportation Trust/80% Constitut
1,400.00
0.00
101003
Transportation Trust/Local Option
5,312.50
0.00
102
Unincorporated Services Fund
59,708.71
0.00
102001
Drainage Maintenance MSTU
15,762.20
0.00
102107
FDOT Bicycle/Ped. Coordinator 03/04
468.29
0.00
105
Library Special Grants Fund
4,005.41
0.00
107
Fine & Forfeiture Fund
161,728.12
0.00
107001
Fine & Forfeiture Fund -Wireless Sur
715.10
0.00
107002
Fine & Forfeiture Fund-E911 Surchar
11,573.50
0.00
107003
Fine & Forfeiture Fund-800 Mhz Oper
29,742.42
0.00
140 .
Port & Airport Fund
6,646.35
0.00
140001
Port Fund
3,901.54
0.00
140321
FDOT-Install Security Fencing AL124
23,915.50
0.00
14-0323
FDOT/Drainage Improvements AL643
14,000.00
0.00
)800
IRL Taylor Creek Restoration SFWMD
240,598.86
0.00
'1b0
Plan Maintenance RAD Fund
6,481.77
0.00
183
Ct Administrator-19th,Judicial Cir
1,387.02
0.00
183001
Ct Administrator-Arbitration/Mediat
923.20
0.00
183002
Ct Admin.-County Arbitration/Mediat
560.00
0.00
183004
Ct Admin.- Teen Court
912.95
0.00
183108
Domestic Relations Hearing Officer
6,632.50
0.00
310002
Impact Fees -Parks
37,496.35
0.00
310201
FDEP/FRDAP Ancient Oaks
300.00
0.00
315
County Building Fund
127,555.55
0.00
316
County Capital
209,312.19
0.00
382
Environmental Land Capital Fund
7,045.00
0.00
401
Sanitary Landfill Fund
479,737.18
0.00
401225
FDEP Waste Tire Grant FY 04
1,925.50
0.00
418
Golf Course Fund
14,328.19
0.00
421
H.E.W. Utilities Fund
56.69
0.00
441
North Hutchinson Island Utilities
1,953.36
0.00
448
NHI Util-Renewal & Replacement Fund
8.87
0.00
449
NHI Util - Capital Facilities Fund
26.61
0.00
451
S. Hutchinson Utilities Fund
4,110.67
0.00
458
SH Util-Renewal & Replacement Fund
16,549.36
0.00
461
Sports Complex Fund
8,064.31
0.00
471
No County Utility District-Operatin
11,651.83
0.00
478
No Cty Util Dist -Renewal & Replace
8.87
0.00
479
No Cty Util Dist -Capital Facilities
82,254.77
0.00
�.
Airport Utilities District
53.73
0.00
05/28/04 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST ##37-%22-MAY-2004 TO 28-MAY-2004
FUND SUMMARY
FUND TITLE EXPENSES
489 Airport Util - Capital Fac Fund 44.36
491 Building Code Fund 22,804.82
505 Health Insurance Fund 485,292.00
505001 Property/Casualty Insurance Fund 56,707.00
611 Tourist Development Trust-Adv Fund 1,381.90
625 Law Library 2,098.33
666 SLC Economic Development Trust Fund 100,000.00
GRAND TOTAL: 2,926,790.73
11
PAGE 2
PAYROLL
0.00
0.00
7,241.14
0.00
0.00
0.00
0.00
7,241.14
err+'
at the South Hutchinson Island Wastewater Treatment Facility in the
amount of $3,796.80 and an extension of 125 days.
3. INVESTMENT FOR THE FUTURE
Final Payment to Johnson — Davis Inc. for the Orange Avenue Canal Culvert
Replacement project- The Board accepted the project released the retainage in the
amount of $20,325.00; and made final payment to the Contractor, Johnson -Davis, Inc., in
the amount of $22,309.50.
4. COMMUNITY SERVICES
Application of the Drug Control and System Improvement Program (Edward Byrne)
Grant for FY 2004/05- The Board approved the submission of the grant application,
authorized accepting the grant and authorized the Chairman to sign all documents
necessary for the grant.
5. AIRPORT
A. Design and Construction- The Board approved Capital Request Form
CAP04-087 for $50,000 for the replacement of the air conditioning
system at the Airport Terminal Building and approved Work
Authorization No.4 with Sims Wilkerson Engineering in the amount of
$3,800 for the design of the air conditioning system replacement, and
authorized advertising for bids for the replace of the air conditioning
system.
B. Airfield Lighting Construction Management Scope of Work with
PBS&.1- The Board approved Work Authorization No. 2 for
$199,353.75 with PBS&J for engineering services to support the
construction of the Airfield Lighting Upgradc at the airport.
6. PUBLIC WORKS
Work Authorization No. 1 with American Consulting Engineers of Florida, LLC/River
Branch Estates- The Board approved the Work Authorization in the amount of $57,652
for design build construction management services for River Branch Estates and
authorized the Chairman to sign.
7. COUNTY ATTORNEY
Motor Fuel Taxes Refund- The Board approved the proposed interlocal agreement with
the Sheriff designating the County as Terminal Operator for St. Lucie County Sheriff
Fuel purchases and authorized the Chairman to sign the agreement.
8. GROWTH MANAGEMENT
A. Request of Lon Parsons- The Board approved the final plat of South
Market Industrial Center S/D and authorized its final execution.
13. ' RNtIusl Icy adver(ise- 'fhe 13oard approved advertising file lVip R)r
Tourism Advertising Agency for 2004/05.
9. PURCHASING
A. First Amendment to Contract No. C04-03-150 with Crews
Construction - The Board approved the first amendment and
authorized the Chairman to sign the amendment as prepared by the
County Attorney.
B. Bid # 04-044- Purchase to install three Variable Frequency Drives for
Air Handler Units- The Board approved awarding Bid # 04-044 to the
2
*4w *ri
low bidder Sunchaser Mechanical for $14,900.00 and authorized the
Chairman to sign the contract as prepared by the County Attorney.
C. Bid # 04-052- Purchase, installation & removal of 9 hot water heaters
for the Rock Road Correction Facility- The Board approved awarding
the bid to the low bidder Spec-Tec South for $104,040.00 and
authorized the Chairman to sign the contract as prepared by the
County Attorney.
D. Bid # 04-054- Purchase of Non -Woven Reinforcement Geogrid- The
Board approved awarding the bid to the low bidder ACF
Environmental at $533.42 per roll for a total base bid of $34,138.88
and authorized the Chairman to sign the contract as prepared by the
County Attorney.
E. Request for permission for a Bid Waiver and Piggyback DEP Contract
SL811 with Arbor Tree Land- The Board approved the waiver of the
bid process and granted permission to piggyback DEP contract SL811
with Arbor Tree and Land in an amount not to exceed $60,000.
F. Permission to advertise Invitation for Bid for Grinding/Mulching
Services- The Board approved the request for permission to advertise.
G. Acceptance of Donated Personal Property from the McColl Estate to
the Library- The Board approved the acceptance of the donated
personal property and granted permission to auction/dispose of
property not used by the County.
10. ADMINISTRATION
The Board approved canceling the December 28, 2004 meeting,
REGULAR AGENDA
5. GROWTH MANAGEMENT
Consider staff recommendation to approve Draft Resolution No. 04-086 , approving the
request of St. Pierce Air Center for a Major Adjusting to the Existing Conditional Use at
the St. Lucie County Airport.
It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 04-
086; and, upon roll call, motion carried unanimously.
6. PUBLIC WORKS
Continuing Professional Utility Services- Work Authorization No. 23 with Camp,
Dresser & McKee, Inc. for Indian River Estates MSBU Re -balloting- Consider staff
recommendation to approve Work Authorization with Camp, Dresser and McKee in the
amount of $12,300 for the Indian River MSBU Re -balloting and authorized the Chairman
to sign.
It was moved by Com. Bruhn, seconded by Com. Barnes, to approve staff
rcconu»cndation; and, upon roll call, motion carried unanimously.
ADDITION
Discussion on Jail Population
A. GPS
B. Transport Inmates to other Counties.
C. Construction of Temporary Facilities and Retrofit Al and A2 Pods
3
Com. Barnes expressed his concern with the jail overcrowding committee not meeting on
a regular basis.
Com. Coward stated the Board needed to be more informed on a timely basis when these
concerns arise.
Com. Barnes addressed the new Violation of Probation law.
Major Tighe advised the Board that a letter was sent to the Board on March 19, 2004
regarding options and staff also was notified.
The Board discussed housing inmates in Highland County and decided more information
was needed before making such a decision.
Com. Hutchinson requested information be brought forth before she votes on any
additional costs not knowing what they will be.
'I'liu County Administrator stated they also need a funding source and hope to have
111Io1'111atlon II'o111 Ellglllan(l County on transportation on Wednesday.
The Board discussed having a special meeting on Friday provided the necessary
information is received and if not the meeting can be canceled.
Com. Barnes expressed his concerns in having a meeting before the Committee meets
again. He would like for the Committee to try to identify inmates which can be released.
Com. Coward concurred with Com. Barnes' statement.
It was moved by Com. Coward to direct staff to investigate the memorandum of
understanding and bring back details and cost analyis, tentatively schedule a meeting for
Friday and also ask the committee to meet and determine if anyone can be released as
opposed to sending them to another county;
Motion was not seconded:
It was the consensus of the Board to announce a meeting for Friday, time to be advised,
provided all the information is received.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk ol'Circuit COUrt
4
Page 1 of 1
Mr. Anderson would like an update presentation at the June 1, 2004 Bocc meeting on the
North Fork Greenway Development. He would like for it to include maps of the greenway and
also pictures of the native habitat. Thank you. This presentation will be under Regular
agenda item #21B.
file://C:\Documents%20and%20Settings\Administrator\Local%20Settings\Temp\GW } 000... 5/26/2004
AGENDA REQUEST '-wo ITEM NO. 6
DATE: June 8, 2004
REGULAR [X]
PUBLIC HEARING []
CONSENT []
TO: Board of County Commissioners
SUBMITTED BY (DEPT): Administration
SUBIECT: Bi-Weekly Committee Reports
BACKGROUND: 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.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory
Boards that they serve on:
COMMITTEE MEETING DATE COMMISSIONER
Chamber of Commerce
Council on Aging
Indian River Lagoon NEP
Workforce Development Board
Land Acquisition Selection Committee
Law Library Board of Trustees
Shared Services Network Exec Round Table
Treasure Coast Council of Local Gov.
Value Adjustment Board
Tourist Development Council
Lake Okeechobee Coalition
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
04 OTHER: Reports Given
Monthly
Lewis
Last Wednesday
Lewis
Quarterly as needed
Barnes
As needed
Hutchinson
Monthly
Barnes
As needed
Bruhn
Monthly
Coward
Monthly
Hutchinson
As needed
Hutchinson/Bruhn/Lewis
I St Wednesday
Barnes
Quarterly
Hutchinson
CONCU RRE E:
Dou s . Anderson
Cou ty Administrator
Review and Approvals
County Attorney: Management 8E Budget: Purchasing:
Originating Dept: Other: Other:
Finance: (Check for Copy only, if applicable) Effective: 5/96
ITEM NwO 7
( ) DENIED
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Solid Waste Division
DATE: 6/8/04
REGULAR (X)
PUBLIC HEARING ()
CONSENT( )
PRESENTED BY:
Leo J. Cordeiro, Solid Waste Manager
SUBJECT: Request Board award RFP 04-042 to the low bidder Waste Pro for the Exclusive
Residential Collection Service Agreement. If the Board chooses to consider the option of placing the
solid waste charges on the non -ad valorem assessment roll staff recommends that the Board approve
the attached proposal from CDM to prepare the roll in a lump sum amount of $58,000.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 401-3410-531000-300 Professional Services
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board award RFP 04-042 to the low bidder
Waste Pro for the Exclusive Residential Collection Service Agreement. If the Board chooses to
consider the option of placing the solid waste charges on the non -ad valorem assessment roll staff
recommends that the Board approve the attached proposal from CDM to prepare the roll in a lump
sum amount of $58,000.
COMMISSION ACTION:
(y) APPROVED
(� OTHER
Approved 3-2
(Comm. Bruhn and
Comm. Hutchinson - No)
Coordination/Signatures
County Attorney (X) Mgt. �Bud'et
( )
Jk
Originating Dept. () Public Works (X)
Finance: (check for copy, only if applicable)
D,OVG ANDERSON
COUNTY ADMINISTRATOR
Purchasing (X)
Other( )
E5
PUBLIC WORKS DEPARTMENT
SOLID WASTE DIVISION
MEMORANDUM
04-067
TO: Board of County Commissioners
FROM: Leo J. Cordeiro
Solid Waste Manager
DATE: June 1, 2004
RE: Award of RFP 04-042
Exclusive Residential Collection Service Agreement
On May 6, 2003 the BOCC approved Resolution # 03-71 preserving the right to place a non -ad
valorem tax on the roll for the collection and disposal of solid waste in the urban service area of St.
Lucie County. On April 13, 2004 the BOCC approved the issuing of RFP # 04-042 for the Exclusive
Collection Agreement of Solid Waste. Upon issuing the RFP 518 companies were notified, 12 picked
up bid packages, and 4 proposals were received.
A proposal ranking committee was appointed and was comprised of 5 staff members. Committee
members were from Solid Waste, Public Works, Administration, Purchasing, and the Attorney's
Office. The ranking criteria were 50 percent on price, 25 percent on experience and 25 percent on
qualifications.
After reviewing all of the proposals the Committee voted unanimously to rank Waste Pro's proposal
number one. Their proposal contained the low price for the hauler billing method, the current method
of collection, $17.00. Additionally, the proposal contained the price for the non ad valorem tax
collection method, $12.94 plus county fees of approximately 70 cents. The current cost per month is
$12.29 per month.
The City of Ft. Pierce currently has an Inter -local Agreement with the County for the collection of
recyclables inside the city limits that expires on September 30, 2004. An extension of the Agreement
has been delivered to the City of Fort Pierce to see if there is an interest in extending the Agreement.
The current monthly cost to city residents is $1.99. The new proposal price is $3.30 per month.
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JUN-01-2004 03:50PM �—q—
T-73F P.002/009 F-Q22
'%'K
1601 Belvedere Road, Suite 211 South
West Palm Beach, Florida 33406
tel: 56' 689.3336
fax: 561 689.9713
June 1, 'A04
Mr. Leo J, Cordeiro
Solid Waste Manager
St. Lucie County
6120 Glides Cutoff Road
Fort Piexce, Florida 34982
Subject; St, Lucie County
Placing Residential Solid Waste Billings on Property Tax Roll Engineering
Services
Dear Mn Cordeiro:
CDM is pleased to submit this proposal to provide Engineering Services to St. Lucie County
Solid Waste Division to place residential billings for solid waste services in the Urban
Service .Area on the property tax roll as a non -ad valorem special assessment. We appreciate
the opportunity to provide you with this proposal and look forward to being of service to St.
Lucie County on this important project.
Very trolly yours,
Qom'
Daniel I. Anderson, P.E., DEE
Principal Engineer
Camp Dresser & McKee Inc.
DTA\wll
Enclosures
File: 0000-AHMNB-MT.AHMSLC
c: William Taylor
consulting -engineering • construction - operations
Approved by:
XI Alex H, Makled, P.E., DEE
Senior Vice President
Camp Dresser & McKee Inc.
N: \oo00M1.1 a1 aRr.doo
JUN-01-2004 CMIRM
�rr'�
T-T86 P.003/009 F-822
Ifto
ST. LUCIE COUNTY
SOLID WASTE MANAGEMENT
AGREEMENT FOR PROFESSIONAL SERVICES
I. PROJECT DESCRIPTION
Consulting engineering services to place residential billings for solid waste services in the
Urban Service Area on the property tax roll as a non -ad valorem special assessment.
II. SCOPE OF SERVICES
Reference is made to the attached Scope of Work and the "Agreement for Professional
Services" dated April11, 2000.
III. CONSULTING ENGINEER INSURANCE REQUIREMENTS
A. Professional Liability Insurance with limits of liability no less than one million dollars
($1,000,000) per occurrence.
B. Worker's Compensation Insurance in accordance with Florida Statutes.
C. Employer's Liability with minimum limits of one hundred thousand dollars
($100,000) each accident.
D. Comprehensive General Liability with a minimum limit of five hundred thousand
dollars ($500,000) combined single limit for Bodily Injury and Property Damage.
IV. COMPENSATION FOR SERVICES
Compensation for .services shall be as follows in accordance with the "Agreement for
Professional Services" dated April 11, 2000.
TASK FEE; TYPE
Engineering Services $58,500 Lump Sum
N A0000M 1815.dDc
JUN-01-2004 03:53PM ;'--4— T-78F P.004/009 F-822
WITNESS:
WITNESS:
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
CAMP DRESSER & McKEE INC.
By:
Senior Vice President
WOOGOML1915.doc
1UN-N -2004 03:54PM ;1114— P.005/009 F-822
ATTACHMENT A
ST. LUCIE COUNTY SOLID WASTE SYSTEM
RESIDENTIAL BILLINGS FOR SOLID WASTE SERVICES IN URBAN SERVICE
AREA ON PROPERTY TAX ROLL AS NON -AD VALOREM SPECIAL ASSESSMENT
BACKGROUND
Currently, residential charges for solid waste in the County's Urban Service Area
("USA") are collected by the contracted hauler. The hauler collects and disposes of
wiiste for single family dwellings, duplexes and triplexes. The existing contract with
this hauler will expire September 30, 2004, and the County has recently solicited bids
from other interested contractors for a new contract. Pricing of the bids was solicited
in two ways with respect to billing and collection: continuation of the hauler billing
and collecting for solid waste services; and, placing of the billing on the St. Lucie
County property tax roll as a non -ad valorem special assessment.
This scope of services has been prepared to perform all the tasks necessary to provide
the St. Lucie County Tax Collector's Office with an electronic file for billing residential
parcels (single family, duplexes and triplexes) on the November 2004 tax roll.
Curbside recycling is also provided by the contractor to approximately 9,000 dwelling
units within the City of Ft. Pierce; however, those properties are not included as part
of this effort.
SCOPE OF SERVICES
TFLSK 1 - PROJECT INITIATION MEETING
Within one week of receipt of written authorization, CDM will attend a project
initiation meeting with the County to discuss detailed project schedule, availability of
database from the Property Appraiser's Office, deliverables, and coordination.
Specifically, data will include, but not be limited to:
■ Parcel GIS data
■ Property assessment records
■ Florida Department of Revenue ("DOR") code data for land use type
■ County boundary GIS or CAD data
■ Ft. Pierce City limit boundary GIS or CAD data
■ Digital Photos related to the GIS
The County will supply the necessary information to CDM for use on this project at
no cost to CDM.
A-1
v:a000 M1919.ao.
JUPJ-01-2004 03:55;M
T-78F P.005/009 F-822
1404
TASK 2 - LOAD, REVIEW AND ANALYZE DATA
CDM will load the County data and set up linkages between the GIS and property
database. CDMwill setup a series of queries that will be run against the linked GIS
inf ormation.
i
CUM will perform a GIS analysis on the data that includes parcels within the USA,
excluding parcels within the existing limits of the City of Ft. Pierce. Further analysis
will be performed based on land use code to determine those parcels within the USA
that are to be included and separately the land use codes that may be included (Multi-
family units), but require additional research and determination if they are to be
included. A map for each type of parcel shall be produced for further use in the
analysis processf in addition, plots of the photographs overlaying the parcels will be
produced for use during the additional analysis.
CUM will produce two types of files, one for those parcels to be included and one file
for parcels requiring additional research for inclusion. The additional research file
will contain a "Y/N" field to be annotated by CDM after the determination for
inclusion is made by field verification.
TASK 3 - FIELD VERIFICATION
For those parcelp requiring field investigation to determine if they should be included
in the residential solid waste billing, CDM will perform the necessary field validation
to confirm their status.
T/ASK 4 - UPDATE GIS AND DATABASE
CDM will use the additional analysis information developed in Task 3 and update the
GI S parcel inclusion data sets to prepare one overall GIS and database linked together
that includes all parcels that would be billed the solid waste fee on the tax roll.
CI)M will then produce one digital file in the Tax Collector's desired format that
contains a listing of the Parcel ID and the amount of solid waste fee to be included on
the tax bill.
TASK 5 - ASSIST WITH MAILING FIRST CLASS NOTICES
CDM will assist the County with preparing, mail merging and posting by U.S. Postal
Service first class mail the statutorily required notices for the levy of special
assessment. CDM will use letterhead stationery and envelopes provided by the
County.
A-2
NVOODW&I919.Gaa
JUN-01=2004 C3:56PM ;-41-
T-T8; P.007/009 F-822
`me
TASK 6 - ATTEND PUBLIC HEARING
CI)M will attend the public hearing on the levy of the special assessment. CDM will
have a computerized database available to answer questions regarding individual
parcels and their proposed assessments.
TASK 7 - PREPARE LETTER REPORT
CUM will prepare a letter report setting forth the approach, findings and a summary
of the solid waste billings. The issue of differential in the first year billing to recover
costs from commencement of the new contract until receipt of payments will be
addressed. CDM will also make recommendations for maintaining the database.
A-3
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JUN-Cl=2004 03:58PM FKN-
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PROJECT;
PROJECT
DESCRIPTION
REFERENCE:
ATTACHMENT C
BUDGET
St; Lucie County Solid Waste System
Engineering Services for Residential Solid Waste Billings on Property Tax
Roll
As Outlined in the Scope of Services, Attachment A
I
Agreement between St. Lucie County Board of County Commissioners and
Camp Dresser & McKee Inc.
i
Labor Cateizory Hours
Officer
6
Principal/ Associate
40
Senior Professional
76
Professional II
100
Professional I
320
Support Staff
72
Project Admin
14
TOTAL HOURS
628
TOTAL DIRECT SALARY
$16,598
39.3% Fringe Benefits
$6,523
TOTAL LABOR COST (salary x 2.35) $54,334
OTHER DIRECT COSTS $4,175*
GRAND TOTAL $58,519
USE A LUMP SUM $58,500*
*Plot including cost of mailing first class notices.
C - 1 NV000ML1917 aoc
JUN-C2-2004 11:41AM FR001-
T-198 P-001 001 F-649
An
1601 Belvedere Road, Suite 211 SGLt11
West Palm Beach, Florida 33406
tel: 561 60S-3336
fax: 561 60S-9713
June 2, 2004
Mr, Leo J. Cordeiro
Solid Waste Manager
St. Lucite County
6120 Glides Cutoff Road
Fort Pierce, Florida 34982
Subject: St. Lucie County
Placing Residential Solid Waste Billings on Property Tax Roll Engineering
Services - Project Schedule
Dear Mr. Cordeiro:
As requested, CDM is pleased to supplement our proposal dated June 1, 2004 with the
following schedule to complete the work:
■ Receipt of authorization to proceed: June 9, 2004,
■ CDM completes database for preliminary special assessment roll and mailing first class
notices: August 3, 2004.
■ First class notices mailed by August 9, 2004,
■ Public hearing adopting non -ad valorem special assessment roll by August 30, 2004.
Is CDM submits preliminary special assessment roll to County Tax Collector on September
1, 2004.
Please contact us should you have any questions or comments,
Very truly yours,
Y'_ 41
Daniel 'f. Anderson, P. ., DEE
Princip,nl Engineer
Camp I>resser & McKee Inc,
DTA\u,ll
File: 0000-AHMNB-MT, AHMSLC
William Taylor
N:10007M1.1923 itr. 000
consulting • engineering . construction • operations
'44W
REQUESTAGENDA
COUNTY _ .
F L O R t D A
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. lJ
DATE: June 8, 2004
REGULAR [XX]
PUBLIC HEARING []
CONSENT[]
PRESENTED BY:
Daniel 5. McIntyre
SUBJECT: Ordinance No. 04-022 - Permission to Advertise
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
See attached memorandum
RECOMMENDATION: Staff recommends that the Board grant permission to
advertise draft Ordinance No. 04-022 for a public hearing
on June 22, 2004 at 9:00 a.m.
COMMISSION ACTION:
[ APPROVED [ ] DENIED
[ ] OTHER: Approved 5-0
County Attorney:,
Originating Dept.
Finance: (Check for copy only, if applicable)
County Administrator
Review and Approvals
Management A Budget Purchasing:
Public Works Dir: County Eng.:
Eff. 5/96
M
7c9uNT1Y
F
L
0
R
I D R
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO.: 04-832
DATE: June 3, 2004
SUBJECT: Ordinance No. 04-022 - Permission to Advertise
BACKGROUND:
The 2004 Florida Legislature recently passed legislation that authorized
counties to adopt an ordinance 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 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.
In
Attached to this memorandum is a copy of draft Ordinance No. 04-022 which,
if adopted, will impose the additional $65.00 charge.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board grant permission to advertise Ordinance No.
04-022 for a public hearing on June 22, 2004, at 9:00 a.m.
ly submitted,
Daniel S. McInty
County Attorney
DSM/caf
Attachment
In
ORDINANCE NO. 04-022
AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS" OF
THE CODE OF ORDINANCES OF ST. LUCIE COUNTY TO
PROVIDE 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.
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:
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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
two dollars ($2.00) pursuant to section 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.
....................................... $49.99
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Law library .................................................30.90
6ourt e
.......................................... 49G
Mediettiom crbitrat'"--C"(wTe ................................. 5.00
Clerk's serviee eharge ........................................ $39.09
6egalcid .................................................... 5.99
6aw libraty 39.90
Court f ceility eharge ........................................... 13799
Medictiom arbitration -charge ................................. 5.00
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Low library .............................................. 39.09
Gourt......................................... 8.9
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Media I lem-U-1-L"I"Fratiom charge ................................. 5.00
Gerk's service eharge ....................................... $45--9G
6egal&d ...................................................
Low library ................................................. 39.99
Getirt facility charge ............................................ 8.E)E)
State court education trust f umd 4.59
Medictiom crbitrctiom-d-� ................................. 5.0
$45.90
6egal a�d ..................................................................... 5.09
Law library ................................................. B0.99
Gourt facility chcrq� ........................................... 8.90
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Legalaid ................................................... 5.90
Law library ................................................. 39.09
6ourt faedity eharge ......................................... 8.99
State eourt edueetiom trust f u -2-
................. .50
Medictiom arbitration-ehar9c
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Glerk's service charge .......................................
Legal 04,d 5.GG
Low library ................................................. 39.90
Court feeility eharge ......................................... 8.90
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Gerk's service charge .......................................
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Total $5.9()
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(tO Ocians of less th im Ome humd -ed dDilars
Filimg fee .......................... +1G.-GG
Legal c4d .......................... 5.9
Court -eility ....................... 2.90
Lawlibrary ................................................... 6-.GG
State rt eduealiem trus+-Fun-d 4.7ge
Stateecs•. ............................................... 7.Ge
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State ftst ?L.GQ
bi+rctiom el rge ............ rm, nn
Media+i a-ml
.....................
- - - - - - - - - - - - - ......
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Legalaic� ...................................................5.08
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6aw library .................................................
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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.
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
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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
identif ied 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 29.00613�(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.
Sec. 1-7-4 Quarterly Reports Required; Priority; Indigence
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 auarterly 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 f unds 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
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Sec. 1-7-6 5. 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.
-- - - - - - ---- - - - --
--
In-y-wWw"rP MOORS
--- ---- -- --
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Sec. 1-7-4-0 6. Disposition of legal aid fund.
NO M
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.
MA
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Sec. 1-7-4-3 7. 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
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.
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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
XXX
Vice Chairman John Bruhn
XXX
Commissioner Frannie Hutchinson
XXX
Commissioner Cliff Barnes
XXX
Commissioner Doug Coward
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 to
accomplish such intention; provided, however, that Parts "B" through "F" shall not be codified.
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PASSED AND DULY ADOPTED this day of , 2004.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS
BY:
County Attorney
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AGENDA REQUEST
CAU11tT.Y �'
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO.
DATE: June 8, 2004
REGULAR [XX]
PUBLIC HEARING []
CONSENT[]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
SUBJECT: Ordinance No. 04-024 - Permission to Advertise
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
See attached memorandum
RECOMMENDATION: Staff recommends that the Board grant permission to
advertise draft Ordinance No. 04-024 for a public hearing
on June 22, 2004 at 9:00 a.m.
COMMISSION ACTION:
j] APPROVED [ ] DENIED
[ ] OTHER: Approved 5-0
CONC RENCE:
Douglas Anderson
County Administrator
Review and Approvals
County Attorney: Management & Budget Purchasing:
Originating Dept. Public Works Di
County Eng.:
Finance: (Check for copy only, if applicable) Eff. 5/96
COCtNTY
F
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I .D A
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C. A. NO.: 04-831
DATE: June 3, 2004
SUBJECT: 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.
RECOMMENDATION/CONCLUSION :
Staff recommends that the Board grant permission to advertise draft ordinance
No. 04-024 for a public hearing on June 22, 2004 at 9:00 a.m.
Ily submitted,
Daniel S. McInty
County Attorney
D5M/caf
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 LISTED IN SECTION 318.17,
FLORIDA STATUTES, TO FUND STATE COURT
FACILITIES; PROVIDING FOR CREATION OF A SEPARATE
COURT FACILITIES FUND; PROVIDING FOR ACCOUNTING
TO THE BOARD OF COUNTY COMMISSIONERS;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
FILING 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:
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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
if teen and 00/100 dollars ($15 00) for any non -criminal traffic infraction in St Lucie County
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.
PART C. FILING WITH THE DEPARTMENT OF STATE.
Struck tliroug4lt passages are deleted.
Underlined passages are added.
In
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 lst day of July, 2004.
PART E. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Vice Chairman Paula A. Lewis XXX
Commissioner John D. Bruhn XXX
Chairman Cliff Barnes XXX
Commissioner Frannie Hutchinson XXX
Commissioner Doug Coward XXX
PART F. CODIFICATION.
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
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0
N400i
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Underlined passages are added.
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
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AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS PRES
SUBMITTED BY (DEPT): ADMINISTRATION
County
SUBJECT: Transfer of Inmates
BACKGROUND: See attached memorandum
ITEM NO. 10
DATE: June 8, 2004
REGULAR: (X)
PUBLIC HEARING: ( )
CONSENT: ( )
M. derrson
mi istrator
FUNDS AVAILABLE: 001-2300-534000-200 (Other Contractual Services — Contingency)
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends entering into agreements with Highlands and Taylor
Counties to house inmates and approval of Budget Amendment BA04-153 in the amount of
$200,000.
COMMISSION ACTION:
KAPPROVED O DENIED
O OTHER:
Approved 5-0
CURRE
Dougl9d jKnderson
Coun y Administrator
Review and Approvals
11 County Attorney: ❑ Management and Budget:
❑ Originating Dept: ❑ Other:
❑ Finance: Check for copy only, if applicable:
11 Purchasing:
❑ Other:
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.
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Board of County Commission Meeting
June 8, 2004
Agenda Item No. 10
Motion to approve agreement with Highlands County with a maximum cap of no more then 50
inmates. $100,000.00 to come from BOCC funds and $100,000.00 to come from Sheriff
Department funds. Sheriff to meet to look at 10 inmates on a case by case basis and have Mr.
Anderson coordinate such meeting with someone from the Public Defenders office and State
Attorney's office. Approved 3-2 (Comm. Lewis and Comm. Coward No).
Commission Action:
[X] Approved
[ ] Other
[ ] Denied
05
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BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT:
PREPARED DATE:
AGENDA DATE:
ACCOUNT NUI1
TO: 001-2300-534000-200
FROM: 001-9910-599100-800
REASON FOR BUDGET AMENDMENT:
To provide funding for the transp
CONTINGENCY BALANCE
THIS AMENDMENT:
REMAINING BALANCE:
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
Administration
6/4/2004
06/08/04
Other Contractual Services
Co
N/A
N/A
N/A
of inmates.
BA04-153
$200
�m
DATE: June 4, 2004
RE: Inmate Population Update
Please find attached agreements with Highlands County and Taylor County to house St.
Lucie County inmates. The Highlands County Jail, located in Sebring, will have up to 50
beds available the week of June 21, 2004, at a cost of $40 per day per inmate. Assuming
that we house 50 inmates at this facility through the end of the County's FY, September
30th, the estimated cost for approximately 98 days would be $200,000. Any medical costs
would be borne by St. Lucie County. However, I have not calculated this into the cost
factor, as we would be responsible for medical costs whetherthey were housed in St. Lucie
County or any other county. There remains in the budget a $500,000 reserve for salaries
for additional corrections deputies. However, the Sheriffs Office has informed me that they
are preparing a report supporting the fact that they would need these funds prior to the end
of this fiscal year. Therefore, staff would recommend that this funding be allocated from
the Contingency General Fund that has a balance of $573,958. County staff would
recommend that we transfer $200,000 from Contingency to accommodate the cost of up to
50 inmates being transferred to the Highlands County Jail.
Staff will also be recommending that we enter into a contract with Taylor County to house
St. Lucie County inmates at a cost of $37 per inmate per day. This contract would only be
used if there were a need for additional bed space once Highlands County has run out of
bed space and approval to transfer. Prior to any transfer to Taylor County, we would be
coming back to the Board with funding requirements and authorization to transfer.
Staff would also recommend that the inmates be transferred to Highlands County using St.
Lucie County Sheriff's Office personnel and equipment. We are still looking into
transportation alternatives should we need to transport inmates to Taylor County.
As you know, we have requested information from the Sheriff's Office regarding electronic
monitoring of inmates. Our request included asking the Sheriffs Office to provide us with
information from other counties currently using electronic monitoring devices. This should
not be confused with GPS monitoring equipment in that we have been advised that no
other counties are using this system in the State of Florida. Over the next several days
*„11 *A*4
Page 2
June 4, 2004
Inmate Population Update
we will continue to look into monitoring systems and working with the Sheriff's Office and
others to determine whether or not this is a program that we will be recommending to you
for your approval.
We are also investigating gain time and will be recommending to you in the next few weeks
whether or not we should be approving a gain time program.
We are continuing to gather a lot of information to continue to try to improve the process of
processing inmates in an attempt to control the increasing population at the jail.
DMA/ab 04-99
c: Ray Wazny, Assistant County Administrator
Dan McIntyre, County Attorney
Ken Mascara, Sheriff
Garry Wilson, Chief Deputy
Pat Tighe, Major - Director of Detention
Public Safety Coordinating Council
Chief Judge Angelos
Attachments
*1g/ *00
FISCAL YEAR 2003-2004
FUNDS APPROVED FROM CONTINGENCY
GENERAL FUND
AMOUNT REMAINING:
$573,958
DEPARTMENT
ITEM
ACCOUNT #
AMOUNT
Approved Budget
Contingency
001-9910-599100-800
1,000,000
Administration
Chilled Water System for Thomas J. White Stadium
G/L Interfund Loan ***
$125,000
BA04-110
Treasure Coast Sports Comm (TCSC) Increase
$25,000
BA04-115
Transcriber/Dual Cassette Reformatter
$2,293
BA04-116
Chopper/Brush Mower
$1,913
BA04-117
Fence Repair at Lawnwood F-Ball Stadium
$12,000
BA04-117
Fence Repair at Pepper Park
$12,833
BA04-121
Loan for a van. United Veterans will repay.
$18,189
BA04-127
Treasure Coast Opera Society/ Mini Grant Program
$20,000
Administration
Thomas J. White Stadium Interfund Loan -Field Padding
G/L Interfund Loan ***
$36,154
BA04-129
Research -Education Park
$51,000
BA04-133
Lincoln Park Community Center Extended Hours
$2,160
BA04-133
Lincoln Park Community Center Extended Hours
$9,300
BA04-133
Lincoln Park Community Center Extended Hours
$2,800
BA04-137
Appraisals for Purchase of Harbor Branch Shrimp Property
$10,400
BA04-144
Establish a Special Event Fund
$50,000
BA04-145
New Position of Strategy & Special Projects Director
$20,000
BA04-148
Heathcote Botanical Gardens
$27,000
Total used:
$426,042
Balance Available
$573,958
Proposed action:
BA04-153
Transportation of Inmates
$200,000
Balance Available After Proposed Action:
$373,958
*** Interfund Loan for the Thomas J. White Stadium Chiller System
.0=,/021'20J4 15.1- CE34027207
SEBRING (863) 402 7200
CENTRAL RECORDS
AVUN PARK (863) 784-0225
F'4 i E 01
*40
LA Kr, PLACTD (363) 699-1737
HOW,A.RD GODWN
SHERIFF - MGHLANDS COUNTY
June 2, 2004
Mr'. Douglas M. Anderson Via Fax
County Administrator
2300 Virginia Ave.
Fort Pierce, Fl. 34932
Dear Mr, Anderson:
434 Femleaf Avenue
Sebring, Florida 33870
1 aria forwarding a draft copy of the Agreement for Inmate Bed Space, which
has been somewhat modified from the Taylor County agreement. This
agreement still has to be reviewed by Carl Cool, our County Administrator and
our County Attorney, but the fee structure should remain unchanged.
Once the agreement has been approved in principle, it may be necessary for
some of my staff to meet with Major Pat Tighe or his representative, to solidify
issues that are not covered In this agreement.
I will request that Mr. Cool provide you, via fax, with a copy of the final signed
agreement.
As I previously indicated, if this agreement is approved and we encounter no
problems in bringing our new video visitation system on line, we should be able
to accept your inmates the week of June 21, 2004.
Please do not hesitate to contact me if you or Major Tighe have any questions.
Sincerely,
Inman
Detention Commander
FEN*ad
XC: Carl Cool, County Administrator
Tom Portz, Asst. County Administrator
Lt. S. Frank Warden, Admin,
Lt. Bobby Green, Ops.
JUN 0 ?4
CO. ADMIPV, OF,r;
. 06 02i20-J4 15: ''E_4J_2?20 7 CEN,1P.4L KEilD'?DS PAGE J
In
Highlands County, Florida
and
St. Lucie County, Florida
Agreement for Inmate Bed Space
THIS CONTRACT, is made and entered into by and between the Highlands County
Board of County Commissioners, hereinafter ("Highlands County"), and St. Lucie
County, a politicai subdivision of the State of Florida, hereinafter ("St, Lucie County").
WHEREAS, St. Lucie County, from time to time, experiences Inmate populations which
exceed the maximum capacities of its correctional facilities; and
WHEREAS, St. Lucie County is in need of bred space for housing inmates detained by
the proper authorities of St. Lucie County, hereinafter ("Non -County Inmates"); and
WHEREAS, it is in the best interest of St. Lucie County to obtain inmate bed space
that is available from other correctional facilities throughout the State of Florida; and
WHEREAS, Highlands County has, from time to time, inmate bed space available at
the Highlands County Detention Facility:
NOW THEREFORE, in consideration of the premises and mutual covenants contained
herein, Highlands County and St. Lucie County hereby agree as follows:
Section I. incarceration ofinmates: Highlands County will incarcerate and detain
at the facility, on a space available basis, those Non -County Inmates,
which St, Lucie County may deliver to Highlands County from time to
time for incarceration. Upon request of Highlands County, St. Lucie
County will remove any one or all inmates within twenty-four (24) hours
of such request. St. Lucie County shall not send state or federal prisoners
to the facility.
Section 2. Compensation: St. Lucie will pay to Highlands County the sum of
$40.00 per inmate bed space for each day or part thereof. The rates for
inmate bed spaces may increase only upon written agreement signed by
all parties,
Page 1 of 5
. EIE"0 f 20 j4 1�: " 8E :4@27207 CENTRAL RECORDS PAGE 6
n
M
Section 3. invoices: Highlands County shall invoice St. Lucie County on a monthly
basis for inmate bed space obtained in accordance with Section 2,
Compensation. Highlands County shall provide St. Lucie County with any
documentation required to process invoices. St. Lucie County will forward
payment to Highlands County within thirty (30) days of receipt of invoice
and any necessary documentation.
Section 4. Transportation:
St. Lucie County is responsible for all transportation of Non -County Inmates,
except, however, that Highlands County will provide transportation in a medical
emergency and bill St. Lucie pursuant to Section 3, Invoices. Highlands County
reserves the right to return any Non -County Inmate to St. Lucie County who
becomes continuously combative, destructive, or is deemed to be a threat to the
safety of staff or other inmates. If that occurs, Highlands County will provide
transportation at no cost to St. Lucie County.
section S. Medical Care:
Highlands County will provide Non -County Inmates access to routine medical
care currently provided at the facility. highlands County agrees to provide
routine non-prescription medication such as aspirin, antacids, decongestants,
Band-Aids, or topical ointment at no expense to St. Lucie County. St. Lucie
County will reimburse Highlands County for all prescription medication provided
to the Non -County Inmates which are invoiced pursuant to Section 3, Invoices.
All routine in-house medical care provided at the facility will be paid for by the
Non -County Inmates, which may be billed to their respective inmate account.
Those Ncn-County Inmates that meet indigence requirements will be allowed to
carry a negative balance on their account. The negative balance will transfer
with the Non -County Inmate to St. Lucie County who agrees to reimburse
Highlands County, St. Lucie County agrees to be responsible for all non -routine
medical care to include items such as medical and/or mental health care
provided away from the facility. Highlands County shall be responsible for all
security during the hospital confinement of Non -County Inmates within
Highlands County and will invoice St. Lucie County at a rate of $22.00 per hour
for such assistance. All invoices shall be processed in accordance with Section
3, Invoices.
Section G. Recreation, Access to Courts, Food Service, Commissary, Mail,
Religious, Grievance Procedure, Visitation, Discipline and
Telephones:
Highlands County will provide Non -County Inmates access to recreation, courts,
food service, commissary, mail, religion, grievance procedure, visitation,
discipline, and telephone services at the same level that such services are
Page 2 of 5
3E34U27207
CENTRAL RECORD
En
PAGE 04
currently being provided for at the Highlands County Detention Facility.
Section 7. TerM:
This contract shall commence on the date of signing by all parties and shall
continue until Decerrrnber 31. 2044 . The parties may renew this contract for
two (2) additional one (1) year terms. Such renewal to be in the form of an
addendum signed by all parties. This agreement may be cancelled by either
party with thirty (30) days prior written notice.
Section S. Liability.,
Highlands County and St. Lucie County agree that each agency shall be
responsible for any and all acts of omissions due to negligence of their
respective agencies limiting exposure to liability or setting a ceiling on damages,
or both, or of any law establishing a defense to any claim asserted against any
of them.
Section 9. post Conviction Actions;
Confinement by Highlands County shall not deprive any inmate of any legal
right, which he would have if confined in a St. Lucie County correctional facility,
except as modified herein. Highlands County shall not be responsible for
defending any post conviction action including appeals and Writ of Habeas
Corpus by a Non -County Inmate challenging the underlying judgment of
conviction or the administration of the sentence imposed.
Section I.D. Notice of Claims:
Within fifteen (15) working days after receipt by St. Lucie County or any of its
agents, employees, or officer of a summons in any action, or Notice of Claim,
St, Lucie County shall notify Highlands County in writing of the receipt thereof.
This requirement is intended to insure that Highlands County's defense of the
claim is not harmed by failure to comply with the notice requirements. Failure
to comply with the notice requirements can result in Highlands County's refusal
to be held liable for any and all acts or omissions due to negligence on the part
of St. Lucie County or any of its agents, employees, or officers, if such failure
to notify results in prejudice to Highlands County. St. Lucie County or any of its
agents, employees, or officers. Likewise, within fifteen (15) working days after
receipt by Highlands County or any of its agents, employees, or officers, or a
summons in any action or notice of claim, Highlands County shall notify St. Lucie
County in writing of the receipt thereof. This requirement is intended to insure
that St. Lucie County's defense of a claim is not harmed by a failure to comply
with the notice requirements. Failure to cornpiy with the notice requirements can
result in St. Lucia's refusal to be held liable for any and all acts or omissions due
Page 3 of 5
OS/ 0 l23 j4 F ; 8E*34 +172P? CENTRAL RECORDS PAGE C
`fto
to negligence on the part of St. Lucie County or any of its agents, employees,
or officers, if such failure to notify results in prejudice to St. Lucie County, or
any of its agents, employees, or officers.
Section 11. prior Occurrence:
With respect to !ion --County Inmates, Highlands County shall not be responsible
for any losses or costs resulting from litigation or claims during the time this
contract Is effective or for lawsuits arising thereafter relating to events or,
conditions, which occurred or existed prior to the effective date of the contract.
Highlands County agrees to cooperate with St. Lucie County in defense of these
suits or clairns. Highlands County and St. Lucie County agree that each agency
shall be responsible for any and all acts or omissions due to negligence of their
respective officers, employees, or agents. However, nothing herein is intended
to deprive St. Lucie County, the Highlands County Sheriff, Highlands County, or
any of their officers, agents, or employees of the benefits of any lave limiting
exposure to liability or setting a ceiling on damages, or both, or of any law
establishing a defense to any claim asserted against any of them. '
Section 12. Notices: All notices required under this contract will be sent by
certified mail, return receipt requested:
To Highlands County; Attn: David Flowers
Board of County Commissioners
P.O. Box 1926
Sebring, Florida 33871.
863•-402-6500
To St. Lucie County: Doug Anderson
County Administrator
2300 Virginia Ave.
Ft. Pierce, Florida 34982
Section 13. Mon -Discrimination:
St. Lucie County is an Equal Opportunity Employer.
Section 14. Third Party Rights:
The provisions of this contract are for the sole benefit of the parties hereto and
wili not be construed as conferring any rights on any other person or entity.
Sectiion :M Miscellaneous:
This contract embraces all terms, conditions, and understanding between
Page 4 of 5
06.rp`�iZ034 15:1�' 86=4l7272�� CENTRAL RECORDS PAGE 06
Highlands County Board of County Commissioners, and St. Lucie County,
Florida.
Section 16. Resolution of Disputes and Venue;
Any controversy, claim, or dispute arising out of or in connection with this contract,
including without limitation the Intended meaning or application of any provision of this
contract or the performance of any civil obligation under this contract, shall first be
referred to mediation before a certified circuit court civil mediator, who shall be chosen
by the Chief Judge of the Tenth Judicial Circuit in and for Highlands County, Florida,
which shall be the sole court of venue and jurisdiction.
INMAT LSEDSPACEAGREE0604
Page 5 of 5
TA CC 'SHERIFFS ZMV
0
PAGE U
a *y
L, E. "BVIMY" WILLIAMS - TAYLOR COUNTY
Taylor County Courthouse • Perry, Florida 32347
850-584-4225.1-8d0-000- 4740
Dispatch 1-800-665-i123
FAX MESSAGE COVE", SHEET
FAX (850) 584-5484
P1,EASE DELIVER THE FOLLOWING PAGES) TO:
NAME : Ray Waz Assistant
=MPAV Y/ CITY St. Lurie Count Florida
RADA FAX NO . 772 -4621_M FROM. _ Lt. Poite,tisit, TaylOT Coaaty jgjjm.Eery.:. FysrtXn-
RE: Contract
TOTAL NUMBER OF PAGES 5 � INCLUDING COVER SHEET. PLEIZE C2n' + �85v i
584-4333 IF YOU DO NOT RECEIVE ALL PAGES.
D;= SENT : _.78 MaY 220
k�F•'rE,+2Ed4 11:4 }%50-E38-3527 TA CO SHEP,IFFS !NV PAGE 32
1�we vow;
TAYLOR COUNTY 9 FLORIDA
AND
ST. LUCIE COUNT Y9 FLORIDA
AGREEMENT FOR INMATE BED SPACE:
THIS CONTRACT, is made and entered into by and between the Taylor County
Board of County Commissioners, hereinafter ("Taylor County"), and, St. Lucie County,
Florida, apolitical subdivision of the State of Florida, hereinafter ("St. Lucie County").
V'HEREAS, St. Lucie County, from time to time, experiences inmate populations
which exceed the maximum capacities of its correctional facilities; and
WHEREAS, St. Lucie County is in need of bed spare for housing inmates detained by
The proper authorities of St. Lucie County, hereinafter ("Non -County Inmates"); and
WHEREAS, it is in the best interest of St. Lucie County to obtain itunate bed space
that is available from other correctional facilities throughout the State of Florida; and
WHEREAS, Taylor County has, from time to time, inmate bad space available at the
Taylor County Jail ("Facility)!
NOW TIHREFORE, in consideration of the premises and mutual covenants contained
hcrcin, Taylor County and St. Lucie County hereby agree as follows:
Section 1. Incarceration of Innnates: Taylor County will incarcerate and detain at
tlac Facility, or. a space Available basis, those Non -County Inmates, which St. Lucie
County may deliver to Taylor County from time to time for incarceration. Upon request
of Taylor County, St, Lucie County will remove any one or all Inmates within twenty-
four (24) hours of such request. St. Lucie County shall not Md state or federal prisoners
to the Facility.
Section 2. Compensation: St. Lucie County will pay to Taylor County the sun) of
$37.00 per iam, ate bed space for each day or part thereof inmate as bcd spaces are
obtained by St. Lucie County. The rates for inmate bed spaces may incz-case only upon
written agreement signed by all parties.
Section 3. Invoices: Taylor County shall invoice St. Lucie County on a monthly
basis for inmate red space obtained in accordance with Section 2, Compensation. Taylor
County shall provide St. Lucie County with any documentation required to process
05: 26/2004 11 850-839-3527 Try CO SHERIF=S IMJ PAGE 03
invoices. St. Lucie County will forward payrrient to Taylor County within thirty ('30)
days of receipt of invoice and any necessary documentation.
Section 4. Transportation: St. Lucie County is responsible for all transportation of
Non -County Inmates, except, however, that Taylor County will provide transportation in
a medical emergency and. bill St. Lucie pursuant to Section 3, Invoices.
Section 5. Medical Care: Taylor County will provide Non -County Inmates access to
routine nrrcdical cam currently provided at the Facility. Taylor County agrees to provide
routine non-prescription medication such as aspirin, antacids, decongestants, Band-Aids,
or topical ointment at no expense to St. Lucie County. St. Lucie County will reimburse
Taylor County for all preecription medication provided to the Neon -County hiniates wlvi.cb
are invoiced pursuant to Section 3, Invoices. All medical care provided at, the
Facility will be paid for by the Non -County Inmates, which will be billed to their
respective inmate account. Those Non -County Inmates that meet indigence requirements
will be allowed to carry a negative balance on their account. The negative balance will
transfer with the Non -County ituriate to St. Lucie County. St. Lucie County agrees to
reimburse Taylor County when the Inmate pays the negative balance. St. Lucie County
agrees to be responsible for all non -routine medical care to include items such as medical
and/or mental health care provided away from the Facility. St. Lucie County shall be
responsible for all security during the hospital confinement of Non -County Inmates. If
St. Lucie County requests Taylor County to assist in security of a Non -County Inmate at
a health care facility, Taylor County, if it has personnel available, will assist in security
for the Non -County Inmate at the health care facility and Taylor County will invoice St.
Lucie County at a rate of $15.00 per hour for such assistance. The provision of assistance
by Taylor County shalt be at the sole discretion of Taylor County. If St. Lucie County
requests 'Taylor County to provide security during hospitalizatiota for a female Non -
County Innate, or after the first 48 howl's for a male Non -County Irunate, Taylor County
will provide security and invoice St, Lucie County at the rate of $15.00 per hours. All
invoices shall be processed in accordance with Section 3, Invoices.
Section 6. Recreation, Access to Courts, Food Service, Commissary, Mail,
R.eligloo, Grievance Procedure, Visitation, Discipline and Telephones: Taylor
County will provide Non-Courity inmates access to recreation, Courts, food service,
Qouunissary, mail, religion, grievance procedure, visitation, discipline, and telephone
services at. the same level that such services are currently being provided for at the
Facility.
Section 7. Term: This contract shall continence on the date of signing by all parties
and shall, colatinue until . The parties may renew this
Contract for two (2) additional one (1) year te►ms. Such renewal to be in the form of an
addendum signed by all parties. This agreement may be cancelled by either party within
thirty (30) days prior written notice.
Section S. Llabllfty: Taylor County and St. Lucie County agree that each,. agency
shall be responible for any and all acts of omissions clue to negligence of their respective
2
05/2812034 11: e 850-838-3527 TA CO SHERIFFS 1NV PAGE 04
limiting exposure to liability or setting a ceiling on damages, or both, or of any law
establishing a defense to any claim asserted against any of them.
Section 9. Past Conviction Actions: Confinement by Taylor County shall not deprive
any .Inmate of any legal right, which he would have if confined in a St. Lucie County
cormetional facility, cxcxpt as modified herein. Taylor County s11a11. not be responsible for
defending any post conviction action including appeals and Writ of Habeas Corpus by a
Non -County inmate challenging the underlying judgment of conviction or the administration
of the sentence imposed.
Section 10. Notice of Claims: Within fifteen (15) working days after receipt by St.
Lucie County or any of its agents, employees or officer of a summons in any action, or
?notice of Claims, St. Lucie County shall notify Taylor County in writing of the receipt
theze'of. This requirement is intended to insure that Taylor County's defense of the claim is
not harmed by failure to comply with the notice requirements. Failure to comply with the
notice requirements can result in Taylor County's refusal to be held liable for any and all acts
or omissions due to negligence on the pant of St. Lucie County or any of its agents,
employees, or officers, if such failure to notify results in prejudice to Taylor County, St.
Lucie County or any of its agents, employees or officers. Likewise, within fifteen (15)
working days after receipt by Taylor County or any of its agents, employees or officers or a
summons in any action or notice of claim, Taylor County shall notify St. Lucie County in
writing oftbe receipt thereof. This requirement is intended to insure that St. Lucie County's
defense of a claim is not harmed by a failure to comply with the notice requirements. Failure
to comply with the notice requirements can result in St. Lucie's refusal to be held liable for
any and all acts or omissions due to negligence on the part of St. Lucie County or any of its
agents, employees or officers, if such failure to notify results in prejudice to St. Lucie
County, or any of its agents, employees or officers.
Section 11. Prior Occurrence: With respect to Non -County Inmates, Taylor County
shall not be responsible for any losses or costs resulting from litigation or claims during the
time this Contract is effective or for lawsuits arising thereafter relating to events or
conditions, which occurred or existed prior to the effective date of the Contract. Taylor
County agrees to cooperate with St. Lucie County in defense of these suits or claims. Taylor
County and St. Lucie County agree that each agncy shall be responsible for any and all acts
or omissions tiue to negligence of their respective officers, employees or agents. However,
nothing bezein is intended to deprive St. Lucie County, the Taylor County Sheriff, Taylor
County or any of their officen, agents or employees of the benefits of any law limiting
exposure to liability or setting a ceiling on damages, or both, or of any law establishing a
defense to any claim asserted against any of them.
05/28/205=1 !1.: 850-838-3527 TA CO SHERIFt=S TP]I' PAGE 05
`�►11
Section 12. Notices: AU noticas required under this Contract will be sent by certified
snail, return receipt requested:
To Taylor County Attn: Patricia Patterson
Chairman of the Board
P. O. Box 620
Perry, Florida 32348
(850) 838-3500
To St. Lucie County T3oug Anderson
County Administrator
2300 Virginia Ave.
Ft. Pierce, Florida 34982
Section 13. Non -Discrimination: St. Lucie County is an Equal Opportunity Employer.
Section 14. Third Party Rights. The provisions of this Contract are for the sole benefit
of the parties hereto and will not be construed as conferring any rights on any other person. or
entity.
Section 15. Misceftueous: This Contract embraces all terms: conditions and
understanding between, Taylor County Board of County Commissioners, and St. Lurie
County, Florida.
Section 1.6. Resolution of Disputes and Venue: Any controversy, claim or dispute
arising out of or in connection with this Contract, including without limitation the intended
meaning or application of any provision of this Contract or the performance of any civil
obligation under this Contract, shall first be referred to medication before a certified circuit
court civil mediator, who shall be chosen by the Chief Judge of the Third Judicial Circuit in
and for Taylor County, Florida, which shall be the sole court of venue and jullsdiction..
4
m
9
BOCC
CONSENT
AGENDA
ITEMS
*awe
11"d
06/6%04
ST. LUCIE COUNTY -
BOARD
PAGE
FZABWARR WARRANT LIST #38- 29-MAY-2004 TO 04-JUN-2004
FUND SUMMARY
FUND
TITLE
EXPENSES
PAYROLL
001
General Fund
1,218,446.87
525,587.93
001131
FTA Section 5303 Grant FY01
146.61
780.33
001149
Section 112/MPO/FHWA/Planning 2004
6,952.30
5,793.88
001157
CSBG Grant FY04
481.97
2,199.92
001158
Urban Mobile Irrigation Lab 03/04
280.32
1,261.54
001163
Net Loss Commercial Fishing Stories
1,131.67
0.00
001288
TDC Planning Grant FY 03/04
39.99
352.66
001809
SFWMD-Floridian Aquifer Well 01/04
282.97
1,261.54
101
Transportation Trust Fund
72,302.95
113,473.77
101001
Transportation Trust Interlocals
621.94
0.00
101006
Transportation Trust/Impact Fees
1,210.00
0.00
102
Unincorporated Services Fund
12,610.67
47,217.82
102001
Drainage Maintenance MSTU
8,654.92
5,163.76
102107
FDOT Bicycle/Ped. Coordinator 03/04
305.10
1,366.19
105
Library Special Grants Fund
1,309.57
1,623.75
107
Fine & Forfeiture Fund
2,488,974.74
99,778.18
107001
Fine & Forfeiture Fund -Wireless Sur
1,376.31
879.62
107002
Fine & Forfeiture Fund-E911 Surchar
1,276.92
879.62
107003
Fine & Forfeiture Fund-800 Mhz Oper
550.00
0.00
111
River Park I Fund
2,544.39
0.00
112
River Park II Fund
528.10
0.00
113
Harmony Heights 3 Fund
210.47
0.00
Harmony Heights 4 Fund
461.77
0.00
il5
Sheraton Plaza Fund
466.53
0.00
116
Sunland Gardens Fund
513.65
0.00
117
Sunrise Park Fund
128.09
0.00
118
Paradise Park Fund
653.12
0.00
119
Holiday Pines Fund
761.99
0.00
120
The Grove Fund
158.51
0.00
122
Indian River Estates Fund
896.76
0.00
123
Queens Cove Lighting Dist#13 Fund
263.98
0.00
126
Southern Oak Estates Lighting
113.44
0.00
127
Pine Hollow Street Lighting MSTU
337.57
0.00
129
Parks MSTU Fund
11,173.08
0.00
136
Monte Carlo Lighting MSTU#4 Fund
1,340.62
0.00
139
Palm Grove Fund
682.76
0.00
140
Port & Airport Fund
46,658.69
11,963.78
140306
DOT -New N. Entrance Port Ft. Pierce
6,537.80
0.00
140320
FDOT-Environmental Assessment
774.30
0.00
160
Plan Maintenance RAD Fund
619.64
2,963.60
181
SLC Housing Finance Authority Fund
100.00
0.00
183
Ct Administrator-19th Judicial Cir
1,032.48
4,181.86
183001
Ct Administrator-Arbitration/Mediat
413.37
1,171.85
183002
Ct Admin.-County Arbitration/Mediat
65.00
0.00
183004
Ct Admin.- Teen Court
825.14
2,931.95
185204
FHFA SHIP 99/00
1.52
0.00
316
County Capital
49,498.79
0.00
' ?
Environmental Land Capital Fund
6,919.70
0.00
0
06j 4/04
FZABWARR
FUND TITLE
401
418
421
441
448
449
451
458
461
471
478
479
481
489
491
505
611
615
625
630
ST. LUCIE COUNTY - BOARD
WARRANT LIST #38- 29-MAY-2004 TO 04-JUN-2004
FUND SUMMARY
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
NHI Util-Renewal & Replacement Fund
NHI Util - Capital Facilities Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist -Renewal & Replace
No Cty Util Dist -Capital Facilities
Airport Utilities District
Airport Util - Capital Fac Fund
Building Code Fund
Health Insurance Fund
Tourist Development Trust-Adv Fund
Impact Fees Fund
Law Library
Tax Deed Overbid Agency Fund
GRAND TOTAL:
EXPENSES
50,928.14
8,292.99
558.57
1,534.85
25.64
23.95
25,375.49
26.87
15,279.67
19,155.42
1,786.58
1,941.15
26.08
7.29
9,511.24
4,204.70
12,452.18
266,931.75
856.86
21,980.24
4,392,536.74
PAGE 2
PAYROLL
44,093.94
23,618.05
474.12
3,124.89
156.07
156.07
799.47
156.07
12,721.17
3,884.35
354.03
1,593.12
188.86
0.00
42,875.86
3,i67.07
3,854.41
0.00
0.00
0.00
972,051.10
i
M
AGENDA REQUEST
In
ITEM NO: C-2A
DATE: June 8, 2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ g]
TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh
SUBJECT: FOURTH OF JULY 2004 FIREWORKS - RESOLUTION NUMBER 04-160
BACKGROUND: In preparation for the 2004 Fourth of July Fireworks celebration,
staff was directed to solicit donations to increase the amount available for
the display. To date, staff has been successful in obtaining $2,100 from area
businesses, the aforementioned donation will be added to the $10K included in
the FY03-04 budget for this event. The fireworks vendor has been instructed to
increase the display accordingly. This agenda requests the Board's approval of
Resolution Number 04-160 to recognize the donation of $2,100 in order to write
a purchase order for the higher amount.
PREVIOUS ACTION: N/A
FUNDS WILL BE MADE AVAILABLE IN:
001-7215-534000-700 (Other Contractual Services -Recreation)
RECOMMENDATION: Staff requests approval of Resolution Number 04-160, allocating a
$2,100 sponsorship for the Fourth of July 2004 Fireworks display in downtown Fort
Pierce.
COMMISSION ACTION:
APPROVED [ ] DENIED
[ ] OTHER:
County Attorney:
Approved 5-0
Coordination/Signatures
CONCURREN
DouX Y. Anderson
CciCnty Administrator
Management & Budget: ¢�� G Purchasing:
. �bm g
Originating Dept: Other
H:\AGENDAS 03-04\6-08-04-FIREWORKS.DOC
Finance: (if applicable)
n
en
RESOLUTION NO.04-160
WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County
Commissioners, certain funds not anticipated at the time of adoption have become available from area
businesses in the amount of $2,100 in sponsorship of the 2004 Fourth of July Fireworks display in downtown
Fort Pierce.
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 8th 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
001-7215-366930-700 Contributions from Private Sources $2,100
APPROPRIATIONS
001-7215-534000-700 Other Contractual Services $2,100
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 81h DAY OF JUNE, 2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
AGENDA REQUEST
TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
In
ITEM NO: C-2B
DATE: June 8, 2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ Xj
SUBMITTED
BY: Parks
and Recreation
PRESENTED BY: Pete Keogh
SUBJECT:
INCREASE
IN CHANGE FUND AMOUNT AT THE
LINCOLN PARK COMMUNITY CENTER
BACKGROUND: The Lincoln Park Community Center is requesting an increase in
their change fund from $15.00 to $50.00 due to the anticipated increase in
financial transactions during the summer months. Currently, when a customer
pays for a program with a bill larger than $10.00, the fund is depleted and
there are insufficient small bills to give back correct change/take care of the
next customer.
PREVIOUS ACTION: N/A
FUNDS WILL BE MADE AVAILABLE IN: N/A
RECOMMENDATION: Staff recommends approval to increase the change fund at the
Lincoln Park Community Center from $15 to $50.
COMMISSION ACTION:
[ X ] APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
CONCURREN
ftoy4 A. Anderson
C my Administrator
Coordination/Signatures
County Attorney: Management & Budget: W-+4Purchasing:
Originating Dept: Other: Finance: (if applicable)
HAAGENDAS 03-04\6-08-04-LPCC-CHANGE-FUND.DOC
l
r %W
AGENDA REQUEST
ITEM NO: C-2C
DATE: June 8, 2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ X]
TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh
SUBJECT: TRANSFER OF PROPANE GENERATOR FROM TRADITION FIELD TO THE FAIRGROUNDS,
APPROVAL OF EQUIPMENT REQUEST EQ04-261 AND BUDGET AMENDMENT BA04-152
BACKGROUND: On December 17, 2002, the Board of County Commissioners authorized
the purchase of an 85KW propane generator at a cost of $18,832.00 (EQ03-195) to
power the emergency battery -operated lighting system at Tradition Field. As a
result of the extensive renovation to Tradition Field prior to the 2004 spring
training season, Mets and Sterling Facility Services representatives determined
that the generator was no longer needed for the aforementioned lighting system. In
an effort to better use this equipment, staff requests the Board's approval to
transfer the generator to the County Fairgrounds to power its mandatory emergency
back-up lighting system. The asset is recorded under property record number 600825
with a book value of $15,693.34 as of May 31, 2004. If approved, an acquisition/
disposition form will be prepared and forwarded to the Purchasing Department to
finalize the transfer.
Additionally, if approved, staff further requests authorization to procure a 500-
gallon propane tank to feed the generator. Based on the requisite quotes obtained,
the tank will cost approximately $2,100, including shipping.
PREVIOUS ACTION: N/A
FUNDS WILL BE MADE AVAILABLE IN:
316-7420-564000-7655 (Machinery & Equipment - County Capital - Fairgrounds)
RECOMMENDATION: Staff requests the Board's approval of Budget Amendment BA04-152,
to transfer the generator to the County Fairgrounds, and purchase the 500-gallon
propane tank (EQ04-261).
COMMISSION ACTION:
APPROVED [ ]
[ ] OTHER:
Approved 5-0
CONCURR E:
DENIED
o g/'M. Anderson
C unty Administrator
Coordination/Signatures
County Attorney: Management & Budget: ��� Purchasing:,f
Other: Finance: (if applicable) Originating Dept: `
H:\AGENDAS 03-04\6-08-04-FAIRGROUNDS-GENERATOR.DOC
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Parks and Recreation
PREPARED DATE: 05/28/04
AGENDA DATE: 06/08/04
TO: 316-7420-564000-7655
FROM: 316-7420-563000-7655
REASON FOR BUDGET AMENDMENT:
Provide funding for a 500-gallon prop
CONTINGENCY BALANCE: N/A
THIS AMENDMENT: N/A
REMAINING BALANCE: N/A
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
other than B
EQ04-261.
/Ao
BA04-152
1
100
t'
n
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. C3A
DATE: June 8, 2004
REGULAR [ ]
PUBLIC HEARING( ]
CONSENT[ x ]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith
Assistant County Attorney
SUBJECT: Lease Agreement- Lincoln Park Recreation Center, Inc
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: N/A
RECOMMENDATION
CONCLUSION: Staff recommends the Board authorize the Chairman to
sign the attached Lease Agreement and pay all back
storm water assessments.
COMMISSION ACTION:
[X] APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
bo 4i t M. Anderson
County Administrator
Review and Approvals
[X] County Attorney: [ ]Management & Budget: [ ]Purchasing:
[ ] Comm. Development.: [ x ) Parks & Recreation Director [ ] Solid Waste Mgr
[ ]Finance:(check for copy only, if applicable) Effective 5/96
n
TO:
FROM:
C.A. NO:
DATE:
SUBJECT:
BACKGROUND:
INTER -OFFICE MEMORANDUM
COUNTY ATTORNEYS OFFICE
ST. LUCIE COUNTY, FLORIDA
Board of County Commissioners
Katherine Mackenzie -Smith, Assistant County Attorney
04-747
June 1, 2004
Lease Agreement - Lincoln Park Recreation Center, Inc.
On January 1, 1952, St. Lucie County entered into a lease with Lincoln Park
Recreation Center, Inc. to lease lots 7 through 10 of the Jellison subdivision. This
lease expires December 31, 2051.
On June 17, 1967, the Lincoln Park Recreation Center, Inc. entered into a
Lease Agreement with the City of Fort Pierce to lease lots 1 through 6 in the Jellison
subdivision for recreational purposes.
In December of 1976, the City of Fort Pierce assigned the Lease for lots 1
through 6 to St. Lucie County. Since that time, St. Lucie County has maintained
and operated the Lincoln Park Recreation Center.
The lease for lots 1 through 6 has expired and back storm water assessments
are due on lots 7 and 10 in the amount of $854.33.
RECOMMENDATION/CONCLUSION:
Staff recommends the Board authorize the Chairman to sign the attached
Lease Agreement and pay all back storm water assessments, including those
assessments for lots 7 through 10.
KMS/cb
Respectfully submitted,
Katherine Mackenzie -Smith
Assistant County Attorney
On
n
LEASE AGREEMENT
THIS AGREEMENT made and entered into this day of
, 2004, by and between the LINCOLN PARK RECREATION
CENTER, INC., hereinafter referred to as the Lessor, and ST. LUCIE COUNTY, a
political subdivision of the State of Florida, hereinafter referred to as Lessee.
WITNESSETH:
WHEREAS, the Lincoln Park Recreational Center, Inc. owns a parcel of land that
has been used for public recreational purposes; and
WHEREAS, the land had been leased to the City of Fort Pierce for public
recreational purposes; and
WHEREAS, the lease was assigned to St. Lucie County; and
WHEREAS, the St. Lucie County has operated and maintained the property for
public recreation purposes; and
WHEREAS, the parties desire for St. Lucie County to continue to operate and
maintain the property for public recreational purposes.
FOR AND IN CONSIDERATION of the mutual promises, covenants and
conditions herein contained to be kept and performed by each of the parties hereto,
the parties hereto agree as follows, to -wit:
1. SITE
The Lessor hereby leases to the Lessee for the purpose of developing,
maintaining and controlling for public recreational purposes only, those certain lands
lying within the City of Fort Pierce, Florida, described as follows:
Lots 1 through 6, inclusive, of Block 1 of JELLISON SUBDIVISION, as per
plat thereof recorded in Plat Book 4, page 37, of the public records of St.
Lucie County, Florida; and all of that portion of Lots 8 and 9, of said Block
1, lying Northerly and Easterly of those lands leased to St. Lucie County
as per lease recorded in Deed Book No. 177 at pages 269-270 of the
public records of St. Lucie County, Florida.
2. TERM:
This lease shall commencing upon signing of the lease and ending at midnight
on the 315t day of December 2051.
3. RENT:
The Lessee covenants and agrees to pay, in legal tender, and lawful money of
G:\ATTY\LEASE\Lincoln Park Recreation Ctr.wpd Page 1 of 4
I�✓ ,,400
the United States at the time of payment, without demand; therefore, upon signing of
the Agreement, a rent of ten and no/dollars ($10.00) and other valuable
considerations, the receipt by Lessor from Lessee is hereby acknowledged.
4. USE OF PROPERTY:
The Lessee will maintain lands as a public recreational center, baseball fields,
and for public recreational purposes, and at all times will maintain said lands for these
purposes and any and all improvements of a permanent nature placed upon, built or
constructed upon said land shall be and become the property of Lessor upon the
expiration of the terms hereby granted, or sooner termination thereof. The Lessor
hereby warrants free and clear title to the lands and covenants that is has lawful
authority to lease said lands, and will defend the title thereof.
5. LESSEE'S RESPONSIBILITIES:
The Lessee shall have the following responsibilities during the term of this
Agreement:
(a) To the extent allowed by law, Lessee shall indemnify and save harmless
the Lessor from any and all liability,. damage, expense, cost of action, suits, claims,
demands or judgments for injury to person or property of any and every nature arising
out of the construction or alteration of any improvements on said land, or out of the
use, management or control of the same. Nothing herein shall be construed as an
indemnity or a waiver of sovereign immunity enjoyed by any party hereto or provided
in Section 768.28 Florida Statutes, as amended from time to time, or any other law
providing limitations on claims.
(b) Lessee will not suffer or permit any mechanic's liens or other liens for
work, labor, services or materials to be attached to said premises or any part thereof,
or to any building or improvement construction thereon.
(c) Lessee will be responsible for any of the development and maintenance
of the desired tract, and any and all such costs and expenses shall be the sole
responsibility and obligation of Lessee.
6. TERMINATION:
(a) Automatic Termination: In the event of abandonment by Lessee and
discontinuance of operations for public recreation purposes, this Lease
will automatically terminate.
(b) Termination without Cause: Either party may terminate this Agreement
without cause upon ninety (90) day prior written notice to the other party
provided however, that if the Lessor terminates this Agreement without
cause, the Lessor shall pay the Lessee prior to termination, the costs for
the construction of a new recreation center, constructed after the date of
this Agreement. This amount shall be calculated by using the actual cost
of construction amortized over a twenty-year schedule, if the monies
G:\ATTY\LEASE\Lincoln Park Recreation Ctr.wpd Page 2 of 4
M
M
were financed. This amount shall be calculated by depreciation of the
new recreation center over 39 years, if the new recreation center was not
financed.
(c) Removal of Personal Progerty upon Termination: The Lessee, within thirty
(30) calendar days following the termination of this Agreement, shall
forthwith remove all of its personal property.
It is the intention of the parties to this Agreement that all improvements
including buildings, parking lots, fixtures shall be and will always remain the property
of the Lessor.
7. ASSIGNMENT:
No party may assign its rights or obligations under this Agreement without the
written consent of the other party, which consent shall not be unreasonably withheld.
8. INTERPRETATION: VENUE
This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof and supersedes all prior verbal or written
agreements between the parties with respect thereto. This Agreement may only be
amended by written document, properly authorized, executed and delivered by both
parties hereto. This Agreement shall be interpreted as a whole unit and section
headings are for convenience only. All interpretations shall be governed by the laws
of the State of Florida. In the event it is necessary for either party to initiate legal
action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for
St. Lucie County, Florida, for claims under state law and the Southern District of Florida
for any claims which are justiciable in federal court.
9. NOTICES:
As To County:
St. Lucie County Administrator
Administration Annex
2300 Virginia Avenue
Ft. Pierce, FL 34982
As To Lessor:
Lincoln Park Recreational Center
PO Box 1118
Fort Pierce, FL 34954-1118
With A Copy To:
St. Lucie County Attorney
Administration Annex
2300 Virginia Avenue
Ft. Pierce, FL 34982
10. TAXES AND ASSESSMENTS:
The Lessee shall assume all responsibility for liabilities that accrue to the subject
property or to the improvements thereon, including any and all drainage or special
G:\ATfY\LEASE\Lincoln Park Recreation Ctr.wpd Page 3 of 4
M
assessments or taxes of every kind and description which are new or may be hereafter
lawfully assessed and levied against the subject property during the effective period
of this Agreement.
r IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed in the manner and by their duly authorized officers and their official seal to
be affixed hereto, on this, the day of , 2004.
ATTEST:
Deputy Clerk
ATTEST:
Secretary
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
LINCOLN PARK RECREATION CENTER, INC.
BY:
President
G:\ATTY\LEASE\Lincoln Park Recreation Ctr.wpd Page 4 of 4
AGENDA REQUEST
ZOUNTy j
F L Q R I D A
TO: BOARD OF COUNTY COMMISSIONERS
qC
ITEM NO. 3 B
DATE: June 8, 2004
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith
Assistant County Attorney
SOBJECT: Ordinance No. 04-006 - Creating Section 7.10.25 Land Development Code
to Regulate the Placement of Fireworks Retail Stores (originally numbered
as Section 7.10.24)
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that they be directed to proceed no
further with Ordinance No. 04-006.
COMMISSION ACTION: CONCURl kt ram'.
gK1 APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0 lb4qlas Anderson
County Administrator
Review and Approvals
County Attorney:` Management 6 Budget Purchasing:
Originating Dept. Public Works Dir: County Eng.:
Finance: (Check for copy only, if applicable) Eff. 5/96
�1` e 1.40
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
•
TO: Board of County Commissioners
FROM: Katherine Mackenzie -Smith, Assistant County Attorney
C.A. NO.: 04-750
DATE: May 25, 2004
SUBJECT: Ordinance No. 04-006 - Creating Section 7.10.25 Land Development
Code to Regulate the Placement of Fireworks Retail Stores (originally
numbered as Section 7.10.24)
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
BACKGROUND:
In 2003, this Board passed Ordinance No. 03-020 which regulated the sale of
fireworks to commercially or industrially zoned lands and only from a permanent commercial
building. During the discussions for adoption of that ordinance, staff was requested to review
the "location" of stores within these zones. Attached to this memorandum is a copy of
proposed Ordinance No. 04-006 which would amend the Land Development Code by creating
Section 7.10.25 (originally numbered Section 7.10.24) to regulate placement of fireworks
retail stores. Sections 3.01.03(5) Commercial General, 3.03.03(T) Industrial Light and
3.01.03(U) Industrial Heavy Zoning districts are amended to provide for fireworks retail
stores as a conditional use subject to the fireworks store being at least one thousand (1,000)
feet from any other fireworks retail store, established gas station, school, public playground,
public park and residential zoning districts.
The ordinance has been discussed with the St. Lucie County Fire District. The
Department stated that they already have a distance requirement in their code and have no
position on this ordinance.
At the Local Planning Agency meeting on March 25, 2004, the Board requested
information as to the number of parcels that would be available for possible placement of a
fireworks store if the ordinance was passed with a 1,000 foot buffer or a 500 foot buffer.
M
n
The Growth Management Department plotted the possible available parcels with the
requested buffers and presented the information to the Local Planning Agency at its meeting
on April 15, 2004. The maps and minutes are attached. After discussion, the Local Planning
Agency moved to deny the ordinance.
RECOMMENDATION/CONCLUSION :
Staff recommends that they be directed to proceed no further with Ordinance No.
04-006.
Respectfully submitted,
Katherine Macke ie-Smith
Assistant County Attorney
KMS/caf
Attachments
n
I
ORDINANCE NO. 04-006
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
LAND DEVELOPMENT CODE BY CREATING SECTION
7.10.25 FIREWORKS RETAIL STORES, TO PROVIDE
REGULATION OF PLACEMENT OF THESE BUILDINGS,
AND BY AMENDING SECTIONS 3.01.03(S) COMMERCIAL
GENERAL, 3.03.03(T) INDUSTRIAL LIGHT AND
3.01.03(U) INDUSTRIAL HEAVY TO PROVIDE FOR
FIREWORKS RETAIL STORES AS A CONDITIONAL USE;
PROVIDING CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION AND PROVIDING FOR
CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. On August 1,
1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code.
2. The Board of
County Commissioners has adopted
certain amendments to the
St. Lucie County
Land Development Code, through the
following Ordinances
91-003 -
March 14, 1991 91-009 -
May 14, 1991
91-021 -
November 7, 1991 92-017 -
June 2, 1992
93-001 -
February 16, 1993 93-003 -
February 16, 1993
93-005 -
May 25, 1993 93-006 -
May 25, 1993
93-007 -
May 25, 1993 94-007 -
June 22, 1994
94-018 -
August 16, 1994 94-021 -
August 16, 1994
95-001 -
January 10, 1995 96-010 -
August 6, 1996
97-001 -
March 4, 1997 97-009 -
October 7, 1997
97-003 -
September 2, 1997 99-001 -
February 2, 1999
99-002 -
April 6, 1999 99-03 -
August 17, 1999
99-004 -
August 17, 1999 99-005 -
July 20, 1999
99-015 -
July 20, 1999 99-016 -
July 02, 1999
99-017 -
September 7, 1999 99-018 -
November 2, 1999
-----------
---------------------
Underline is for addition
Strike Through is for deletion
Ordinance #04-016
Draft #1
Page 1
PRINT DATE: 1/ 29/04
00-010 -
June 13, 2000
00-011 -
June 13, 2000
00-012 -
June 13, 2000
00-013 -
June 13, 2000
01-003 -
December 18, 2001
02-005 -
June 24, 2002
02-009 -
March 5, 2002
02-020 -
October 15, 2002
02-029 -
October 15, 2002
03-005 -
October 7, 2003
04-002-
January 20,2004
3. On March 25, 2004, the Local Planning Agency/Planning and Zoning Commission
held a public hearing on the proposed ordinance after publishing notice in the
Port St. Lucie News and the Tribune at least ten (10) days prior to the hearing
and recommended that the proposed ordinance be approved.
4. On April 6, 2004, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Port St. Lucie News
and the Tribune on March 24, 2004.
5. On April 20, 2004, this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Port St. Lucie News
and the Tribune on April 7, 2004.
6. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, objectives and standards of the St.
Lucie County Comprehensive Plan and are in the best interest of the health
safety and public welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOP
CODE TO READ AS FOLLOWS, INCLUDE:
****************************
----------- ---------------------
Underline is for addition
Strike T reagh is for deletion
)rdinance #04-016 Page 2
)raft #1 PRINT DATE: 1/ 29/04
In
1 1 CHAPTER III
2
ZONING DISTRICTS
3
4
3.01.00
ZONING DISTRICT USE REGULATIONS
5
6
3.01.03
ZONING DISTRICTS
7
8
(5)
CG
COMMERCIAL GENERAL
9
10
Paragraphs 1 through 6 - No Changes.
11
12
7.
Conditional Uses
13
14
a.
Adult establishments subject to requirements of Sec. 7.10.10. (999)
15
b.
Drinking places (alcoholic beverages) - free-standing. (5813)
16
C.
Disinfecting & pest control services. (7342)
17
d.
Amusement parks. (7996)
18
e.
Go-cart tracks. (7999)
19
f.
Hotels & motels. (701)
20
g.
Household goods warehousing and storage -mini -warehouses (999)
21
h.
Marina - recreational boats only. (4493)
22
i.
Motor vehicle repair services - body repair. (753)
23
j.
Sporting and recreational camps. (7032)
24
k.
Retail trade:
25
(1) Liquor stores. (592)
26
I.
Stadiums, arenas, and race tracks. (794)
27
M.
Telecommunication towers - subject to the standards of Section
28
7.10.23 (999)
29
n.
Firework Retail Stores - subject to the standards of Section 710 25
30
999
31
32
******************
33
34
(T)
IL
INDUSTRIAL LIGHT
35
36
Paragraphs 1 through 6 - No Changes.
MA
--------------------------------
Underline is for addition
StrikeThrengh is for deletion
Ordinance #04-016
Page 3
Draft #1 PRINT DATE: 1/ 29/04
n
n
1
7.
Conditional Uses
2
3
a.
Airport, landing and takeoff fields - general aviation. (4581)
4
b.
Manufacturing:
5
,
(1) Cut stone and stone products. (328)
6
(2) Motorcycles, bicycles, and parts. (375)
7
(3) Wood containers, wood buildings and mobile homes. (244/245)
8
C.
Ship, boat building & repairing (excluding ship or boat salvaging) -
9
Forty-five (45) to one -hundred fifty (150) ft. (373)
10
d.
Wholesale:
11
(1) Petroleum, bulk stations and terminals. (999)
12
e.
Scrap and waste materials - subject to the provisions of Section
13
7.10.12.A.
14
f.
_Firework Retail Stores - subject to the standards of Section 710 25
15
16
17
****************
18
19
(U)
IH
INDUSTRIAL HEAVY
20
21
Paragraphs 1 through 6 - No Changes.
22
23
7.
Conditional Uses
24
25
a.
Airport, landing and takeoff fields -general aviation. (4581)
26
b.
Manufacturing
27
(1) Paper & allied products. (26)
28
(2) Chemicals & allied products. (26)
29
(3) Petroleum refining & related products. (29)
30
(4) Stone, clay, glass & concrete products. (32)
31
(5) Primary metal industries. (33)
32
(6) Ammunition & ordinance. (348)
33
C.
Natural or manufactured gas storage and distribution points.
34
(492)
35
d.
Scrap, waste and land clearing and yard trash recycling operations
36
materials - subject to the provisions of Section 7.10.12.
37
e.
Warehousing and storage services - stockyards. (999)
38
f.
Wholesale trade - nondurable goods:
--------------------------------
Underline is for addition
Strife Through is for deletion
Ordinance #04-016
Page 4
Draft #1 PRINT DATE: 1/ 29/04
1
2
3
4
5
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
(1) Petroleum & petroleum products (999)
g. Firework Retail Stores - subject to the standards of Section 710 25
CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
1 7.10.00 SUPPLEMENTAL STANDARDS
1 7.10.25 FIREWORK RETAIL STORES
districts, tireworks retail stores may be permitted as a condition
criteria set forth in Section 11.07.00 and the following requirements:
`l
I1r'eWVr'RJ r'eIUII slore, esraansnea gaS STQTIon puDIIC or prlyQte sCn00
playground, public park, or any area in zoning district R/C AR-1 RE-1 RE-
R5-3, R5-4, RMH-5, RM-5, RM-7, RM-9, RM-11, PM-15 RVP PUD or HIRD
the building of the fireworks retail store to:
a. the main entrance of the building occupied by any other fireworks retai
store or any established religious facility, or
b. the nearest property line of any school, playground, gas station, park, o
residential zoning district.
ordinance #04-016
)raft #1
--------------------------------
Underline is for addition
Strike Threrrgh is for deletion
Page 5
PRINT DATE: 1/ 29/04
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PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Luci
County, County ordinances and County resolutions, or parts thereof, in conflict with thi
ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional
inoperative, or void, such holding shall not affect the remaining portions of this ordinance
If this ordinance or any provision thereof shall beheld to be inapplicable to any person
property, or circumstance, such holding shall not affect its applicability to any other
person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance
to the Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
)rdinance #04-016
)raft #1
Chairman Paula Lewis XXX
Vice Chairman John D. Bruhn XXX
Commissioner Doug Coward XXX
--------------------------------
Underline is for addition
Strike T ffeagh is for deletion
Page 6
PRINT DATE: 1/ 29/04
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Commissioner Cliff Barnes XXX
Commissioner Frannie Hutchinson XXX
r
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development
Code, and the word ordinance may be changed to section , article , or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that parts B through H shall not be codified.
PASSED AND DULY ENACTED this day of , 2004.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
)4-006(h)
)rdinance #04-006
)raft #1
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
----------- ---------------------
Underline is for addition
Sthke Threagh is for deletion
Page 7
PRINT DATE: 2/ 17/04
V4✓ "low
St. Lucie County
Planning and Zoning Commission
Local Planning Agency
REGULAR MEETING MINUTES
April 15, 2004
Commission Chambers, 3rd Floor, Roger Poitras Annex
7:00 P.M.
MEMBERS PRESENT:
Ms. Morgan, Mr. Lounds, Mr. Trias, Ms. Hammer, Mr. Grande, Mr. Hearn, Mr. Merritt,
Ms. Hensley, and Chairman McCurdy.
MEMBERS ABSENT:
Mr. Akins (Absent with notice)
OTHERS PRESENT:
Mr. Randy Stevenson, Interim Community Development Director; Mr. David Kelly,
Planning Manager; Ms. Cyndi Snay, Development Review Planner III; Ms. Diana Waite,
Development Review Planner III; Ms. Vanessa Bessey, Environmental Resources
Manager; Ms. Heather Young, Assistant County Attorney; Ms. Dawn Gilmore,
Administrative Secretary.
P&Z / LPA Regular Meeting
April 15, 2004
Page 1 of 9
CALL TO ORDER:
Chairman McCurdy called to order the meeting of the St. Lucie County Planning and
Zoning Commission / Local Planning Agency at 7:00 P.M.
FLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS / DISCLOSURES:
Mr. Hearn stated that he had discussions with members of the public regarding Agenda
Item # 2 — Vegetation Protection.
Ms. Hammer stated that she too has spoken with the public regarding Item # 2 and also
had discussion regarding Agenda Item # 3 — Historical Preservation.
Mr. David Kelly stated that Agenda Item # 4 — Northwood L.L.C. (Dickerson — Florida
Inc.) has requested on April 13, 2004 to have their item postponed. He stated that there
has not been a specific date set yet, but that the item would be re -advertised, re -noticed,
and the sign on the property would also be changed to reflect the new date, once it has
been established.
Chairman McCurdy gave a brief presentation on the procedures and what to expect for
tonight's meeting. The Planning and Zoning Commission/Local Planning Agency is an
agency that makes recommendations to the Board of County Commissioners on land use
matters.
These recommendations are made after consideration of staff recommendation and
information gathered at a public hearing, such as those we will hold tonight.
The meeting will progress in the following manner:
• The Chair will call each item.
• Staff will make a brief presentation on the facts of the request.
• The petitioner will explain his or her request to the Board.
• Members of the public will be allowed to present information regarding
the request.
• The public portion of the meeting will be closed and the Board will
discuss the request. Further public comment will not be accepted unless
the Board has specific questions.
P&Z / LPA Regular Meeting
April 15, 2004
Page 2 of 9
M
M
• The Board will vote on its recommendation after its discussion. For legal
reasons, the motion may be chosen and read from a script provided by
staff. Motions both for and against are provided to the Board members.
• The recommendation is then forwarded to the Board of County
Commissioners for their consideration and vote, usually within the next
month.
The Planning and Zoning Commission/Local Planning Agency acts only in an advisory
capacity for the Board of County Commissioners and actions taken are recommendations
only. Interested parties will also have the opportunity to speak at a public hearing in front
of the Board of County Commissioners who will ultimately have the final decision.
No other announcements or discussion.
P&Z / LPA Regular Meeting
April 15, 2004
Page 3 of 9
n
19
AGENDA ITEM 1: ORDINANCE 04-006 — RETAIL FIREWORKS:
Ms. Mackenzie -Smith, presenting Staff comments, stated that Agenda Item # 5 was Draft
Ordinance 04-006, which would amend the Land Development Code by creating Section
7.10.25 (originally numbered as Section 7.10.24) to regulate placement of firework retail
stores. Sections 3.01.03(S) Commercial General and 3.03.03(T) Industrial Light and
3.01.03(U) Industrial Heavy Zoning Districts are amended to provide for fireworks retail
stores as a conditional use subject to the following requirements. She stated that the
fireworks stores shall be at least one thousand (1,000) feet from any other fireworks retail
store, established gas station, school, public playground, public park, and residential
zoning districts.
Ms. Mackenzie -Smith stated that this item was brought to the Local Planning Agency on
March 25, 2004. At that time, the Local Planning Agency requested information as to the
number of parcels that would be available for possible placement of a fireworks store if
the ordinance was passed with a 1000 foot buffer or a 500 foot buffer. She continued that
the Community Development Department has plotted the possible available parcels with
the requested buffers.
Staff recommends that the Local Planning Agency forward Draft Ordinance 04-006 to the
Board of County Commissioners with a recommendation of approval.
Mr. Merritt stated that he did not feel there was a need for this ordinance.
Mr. Lounds questioned why a five hundred foot buffer had more possible locations than a
thousand foot buffer.
Mr. Grande stated that he wanted more information about if this ordinance is more
restrictive than other standards, if this restriction applies to those gas stations and other
restrictions being placed within 1000 feet of an existing fireworks store, and where the
measurement is being taken from, the front door, the property line, or external wall. He
also questioned the need for this ordinance.
Ms. Smith stated that this came from the suggestion of the Board of County
Commissioners after hearing the ordinance about restricting firework sales in tents, which
requires they be sold in buildings. She continued that this is more restrictive and that the
1000-foot buffer was used so that it would be consistent with other buffers used in the
Land Development Code, to make it easier for Code Enforcement. She also stated that
she would need to review the draft ordinance to review how it would be applied to those
restricted areas developing within the buffered area.
Mr. Merritt questioned why this restriction is only for fireworks stores and not gun shops.
Ms. Smith stated that the firework concerns were raised by the Fire Department. She
advised that the intent of the ordinance is to keep these stores as far away from residents
as possible.
P&Z / LPA Regular Meeting
April 15, 2004
Page 4 of 9
INVe
Mr. McCurdy stated that he felt this was an attempt to ban fireworks sales all together
because there are gas stations near residents and they are at as much risk of causing injury
as a fireworks store.
Mr. Merritt stated that he was a member of the American Pyrotechnics Association and in
their newsletter they stated that there was only one fire in a fireworks store in 20 years.
He stated that he felt this wasn't needed and should not be regulated unless you are going
to regulate gun shops too.
Chairman McCurdy opened the public hearing.
Mr. Paul Schaul stated that he did not feel there was any need or use for this ordinance.
He stated that any safety concerns and regulations are already addressed through the
building requirements.
Seeing no one else, Chairman McCurdy closed the public hearing
Mr. Lounds stated that the concern should be with the safety of use after they are sold to
the public not at the point of sale. He stated that he didn't feel this ordinance worked and
also that he didn't agree with the amount of buffer they were requiring.
Mr. Hearn stated that he was not quite sure about this ordinance but wanted the
community to be safe. He questioned how many stores within the county would be
enough and if there was a need for any more.
Mr. Grande stated that he wants to make sure that the Board of County Commissioners
know that if they approve these restrictions they should be sure that a companion
ordinance is written to regulate the restricted areas from moving near the existing
fireworks stores and if that is done he would support this.
Mr. Merritt stated that injuries from fireworks come from reckless use, not the retail
stores and that he could not support this ordinance.
Mr. Merritt made a motion to deny Draft Ordinance 04-006 because it was not
necessary.
Motion seconded by Ms. Morgan.
Upon a roll call vote the motion was passed with a vote of 5-3 (with Mr. Grande, Mr.
Hearn, and Ms. Hammer voting against) and forwarded to the Board of County
Commissioners with a recommendation of denial.
P&Z / LPA Regular Meeting
April 15, 2004
Page 5 of 9
AGENDA ITEM 2: ORDINANCE 04-008 — VEGETATION PROTECTION &
PRESERVATION:
Ms. Vanessa Bessey, presenting Staff comments stated that Agenda Item # 2 was Draft
Ordinance 04-008, which would amend the Land Development Code to provide for a
series of general amendments updating, clarifying, and amending the County's vegetation
protection and preservation standards. She continued that this would also amend Section
11.05.06 to provide for a clarification of the procedures in regard to the issuance of a
vegetation removal permit. She stated that these changes were being made to make our
regulations consistent with the State regulations.
Staff recommends that the Local Planning Agency forward Draft Ordinance 04-008 to the
Board of County Commissioners with a recommendation of approval.
Mr. Grande, Ms. Hammer, and Mr. Hearn stated that there were some typographical
errors that needed to be corrected.
Mr. Grande questioned if two working days was a sufficient amount of time. Ms. Bessey
stated that it was sufficient. Mr. Grande questioned if there is a default, would it default
to approve. Ms. Bessey stated that was correct.
Ms. Hammer questioned that if there is a property that is less than an acre that they would
be able to remove any trees that were less than twenty-four inches. Ms. Bessey explained
that was correct and would remain the same in this ordinance.
Mr. Hearn stated that he felt this ordinance, as it was written, was very confusing and felt
this item should be continued for at least thirty days. He also suggested that a workshop
be held to explain this to the public.
Ms. Bessey stated that the Environmental Advisory Committee would be meeting on
April 21, 2004 from 5-7 p.m. in the Engineering Conf Room. She also explained that
they would be reviewing the ordinance before it would be presented to the Board of
County Commissioners. She stated that she would make sure that any conflicting
information and interpretation issues would also be corrected.
Chairman McCurdy opened the public hearing.
Mr. Pat Murphy, Hoyt C. Murphy, stated that he has received calls from a lot of property
owners concerned about this ordinance and how it would affect them. He stated that he
feels the ordinance needs some reworking. He also stated that the ordinance should be
tree specific and not so broad. He continued that it might be helpful if it cited specific
site plan examples and how the plan would be affected under these new regulations. He
stated that, as it is written, it is too broad and should receive further staff review before
making any recommendations to the Board of County Commissioners.
P&Z / LPA Regular Meeting
April 15, 2004
Page 6 of 9
Mr. Peter Harrison, 23285 Orange Avenue, stated that he was concerned about the
agricultural exemption. He also stated that this new language also conflicts with some of
the old language that would be remaining in the new ordinance. Currently any
agricultural properties only need to do a ten-day notice and the way this proposed
ordinance is written they are required to actually file for a permit. Ms. Bessey explained
that the agricultural exemption is still there but this is just an added measure to help
regulate those areas.
Mr. Merritt questioned if someone would be required to mitigate if a tree is killed during
a pasture burning. Ms. Bessey explained that mitigation would not be required since the
tree was killed by nature.
Mr. Harrison stated that having to apply for a permit every time that they are doing ditch
clearing would become cumbersome. Ms. Bessey explained that general routine
maintenance is addressed in the proposed ordinance and would not require the permit.
Mr. Harrison also stated that he feels that citrus should also be included in the ordinance.
Mr. Paul Schaul stated that he did not become aware of this ordinance until yesterday
because he did not see the notice. He stated that he is opposed to this ordinance because
what is already on record is enough. He feels this new ordinance would take away the
property owners rights. He stated that lot coverage requirement should be excluded; they
should consider front, back, and side setbacks, because this overburdens the property
owners. He continued that he feels this is a taking and that any parcels under three acres
should not be included in this ordinance at all. He also stated that he did not feel the
public received enough notice about this and should be brought back next month.
Seeing no one else, Chairman McCurdy closed the public hearing.
Ms. Hammer questioned if this ordinance was advertised. Ms. Bessey explained that a
display ad was published in both the Tribune and the News on April 5, 2004.
Mr. Lounds stated that he feels the ordinance needs more work and should be rewritten to
be more specific. Mr. Grande agreed stating that he feels it would be premature of them
to vote on this ordinance tonight because the Environmental Advisory Committee hasn't
had a chance to review and make comments on it.
Mr. Grande made a motion to continue Draft Ordinance 04-008 until after the
Environmental Advisory Committee has reviewed the ordinance and are satisified
with it. He also stated that they would not be continuing this to a specific date so a
new advertisement should be done prior to being heard by the Local Planning
Agency.
Mr. Hearn seconded the motion.
Upon a roll call vote the motion was unanimously approved (with a vote of 8-0).
P&Z / LPA Regular Meeting
April 15, 2004
Page 7 of 9
M
25
AGENDA ITEM 3: ORDINANCE 04-012 — HISTORICAL PRESERVATION:
Ms. Diana Waite stated that Agenda Item # 3 was Draft Ordinance 04-012. She
continued that the item was being presented tonight for information only and was not a
public hearing. She advised that Ms. Ellen Uguccioni of Janus Research would be
making a presentation and they both would be available to answer questions.
Ms. Ellen Uguccioni of Janus Research presented a slide show presentation, which is
attached as Exhibit A.
Mr. Trias stated that he was very happy about this ordinance. Mr. Grande also agreed but
suggested that a definition be included for the CRA. He also stated that the CME should
be reviewing these since they included scenic corridor criteria.
Mr. Lounds requested a more detailed explanation of the type of tax incentive this
ordinance is offering. Ms. Uguccioni stated that if an alteration is done to the property to
increase its value they would only be taxed on the original value, not the increased value.
Mr. Hearn stated that he was struggling a bit with offering a tax exemption but felt the
ordinance was a good thing.
Ms. Waite explained that this was a discussion item only and would not require a public
hearing or a vote. She stated that it would be presented to the Local Planning Agency at
a later date as a full public hearing item.
P&Z / LPA Regular Meeting
April 15, 2004
Page 8 of 9
M
In
OTHER BUSINESS / DISCUSSION:
The next scheduled meeting will be May 20, 2004.
ADJOURNMENT:
Meeting was adjourned at 9:25 P.M.
Respectfully submitted:
Dawn V. Gilmore, Administrative Secretary
P&Z / LPA Regular Meeting
April 15, 2004
Page 9 of 9
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AGENDA REQUEST
tmAUiL O R I D A
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. 3C
DATE: June 8, 2004
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
PRESENTED BY:
Katherine Mackenzie -Smith
Assistant County Attorney
SUBJECT: 1606 G Terrace - Surplus Real Property - Sale to Sole Bidder
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends sale of the property to the sole bidder at
the amount bid and requests approval for the Chairman to
sign a Quit Claim Deed.
COMMISSION ACTION:
p(] APPROVED [ ] DENIED
[ ] OTHER: approved 5-0
o glas Anderson
County Administrator
Review and Approvals
County Attorney: Management & Budget Purchasing: _
Originating Dept. Public Works Dir: County Eng.:
Finance: (Check for copy only, if applicable)
Eff. 5/96
_ = INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Katherine Mackenzie -Smith, Assistant County Attorney
C. A. NO.: 04-780
DATE: May 26, 2004
SUBJECT: 1606 G Terrace - Surplus Real Property - Sale to Sole Bidder
BACKGROUND:
On June 18, 2002, the Board of County Commissioners adopted Ordinance No.
02-18 which provides St. Lucie County with an alternative method for conveying real
property owned by St. Lucie County. To dispose of real property owned by the County
pursuant to this ordinance, the Board must declare the real property surplus.
1606 G Terrace was conveyed to St. Lucie County by Tax Deed on August 29,
2002. This is a vacant piece of land valued by the Property Appraiser at $2,100.00; is
approximately. 16 acres in size; and is located with the city limits of Fort Pierce. (Please
see attached printouts from the Property Appraiser's office.)
St. Lucie County's Property Acquisition Department issued a memorandum to all
departments requesting they advise if there was any interest for this parcel. No
department expressed an interest for this parcel.
On March 9, 2004, the property was declared surplus and staff was directed to
proceed with disposal pursuant to Ordinance No. 02-18. A Call for Bids was issued and
Bid packets were sent to all parties who had previously expressed an interest in the
property. The only bid received was from Allen Chapel A.M.E. Church in the amount of
$1,500.00.
14NO/ V4rd
RECOMMENDATION/CONCLUSION:
Staff recommends sale of the property to the sole bidder at the amount bid and
requests approval for the Chairman to sign a Quit Claim Deed as prepared by staff.
Respectfully submitted,
Katherine Mackenzie -Smith
Assistant County Attorney
KMS/caf
Attachment
St Lucic- County Record: 1 of 1
Property Identification
Site Address:
1606 G TERR
Sec/Town/Range:
04 :35S :40E
Map ID:
24/04H
Zoning:
R-4 - FP
Ownership and Mailing
Owner. /
SI Lucie County
Address:
2300 Virginia Ay
Fort.Pierce FL 34982
Sales Information
Date Price Code
Deed
8,29/2002
01
TO
10/8/1991
100 01
OC
5/1,11987
0 01
CV
51,111986
25000 DO
CV
8/1/1974
13500 00
CV
No Sketch
Available
PROPERTY RECORD CARD
<<Prev Noxt» Spec.Assrrint
ParcellD:
Account#:
Land Use:
City/Cnty:
rage lot l
Taxes Examptlons Permits M:tp
,`�Clt
2404-815-0034-000-5 CO �•, .:•rr,�r G
17975 +,mot Cjy<
Vac Res'
FORT PIERCE
LeFeal Description
HILLCREST SID BLK 3 LOT 10 AND S 5FT OF VAC ALLEY ADJ ON N (OR
1573.2084)
Assessment
Book/Page
2003 Val:
2100
157312OB4
Assessed:
2100
076411/119
Ag.Credw
0
D544 / 2321
Exempt:
2100
0503 / 1007
Taxable:
0
0231 / 2286
BUILDING INFORMATION
Total Land and Building
Total Land: 0.16 Acres
Buildings: 1
Finished Area: 0 Sgft
Exterior Features
View:
RootCover:
RoolS tr um
ExiType.
Yearelt:
Frame:
Grade:
EtYYrBIv
PrimeWall:
Story119m:
No.Units:
SecWall:
Interior Features
_
BedRooms
Electric:
PrmintWall:
FullBath:
HeatType:
AvgHVFI:
1n_Bath:
HeatFuel:
Prm. Flom:
%Heated:
%Sprinklea:
Special Features and Yard Items
Land Information
Type Y/S Oty. Units
. Qual. Cond. YIBIt. No Land Use
Type Measure
1 DODO -Vac Res
210 -Front Ft .48
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED.
THIS INFORMATION IS BELIEVED TO BE. CORRECT AT THIS TIME BUT rT IS SUBJECT TO CHANGE AND IS NOT WARRANTED
Depth
145
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Street Labels
Improved Sales
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r Lot Laoels
hnpahvwv.PaSIC.org/gwinprop/:findpareel.ash?PID=24048.1500 3400,05 10'/2111/710(.)1)
ORDINANCE NOJ 02-18
AN ORDINANCE OF THE BOARD OF CO�NTY COMI�ISSIONERS
OF ST. LUCIE COUNTY, FLORIDA, CREDITING CHAOTER 1-16.2,
i"PUBLIC PROPERTY", CREATING ARTICLIE I, ST. LU CIE COUNTY
CODE AND COMPILED LAWS ENTITLED DISPOSITION
N OF
SURPLUS REAL PROPERTY; CREATING SECTION 1-16.2-1,
ENTITLED PURPOSE; CREATING SECTION 1-16.2-�, ENTITLED
DECLARATION OF SURPLUS PROPERTY;, CREATING SECTION 1-
16.2-3, ENTITLED PROCESS BY WHIC INTERE5 D PERSONS
MAY ACQUIRE SURPLUS PROPERTY; REATING SECTION 1-
16.2-4, ENTITLED STANDARDS OF - COMP TION AND
NOTICE OF DISPOSAL; CREATING! SECTION 1-16.2-5,
ENTITLED NEGOTIATION PROCEDURE; CREATING SECTION
1-16.2-6, ENTITLED NOTIFICATION' OF DISP SITION TO
INTERESTED PARTIES; PROVIDING FOR SE ERABILITY;
PROVIDING FOR INCLUSION IN THE ST. LU IE COUNTY
CODE; PROVIDING AN EFFECTIVE DAT�.
WHEREAS, section 125.35, Florida Statutes, governs the way in which a
county is permitted to sell or convey real propert I owned by t e county; and
i
WHEREAS, the Florida Legislature recently amended section 125.35,
Florida Statutes, to provide counties with .an alternative m�thod to selling and
conveying real property owned by the county; and
WHEREAS, the amendment to section 1125.35. Flori a Statutes, allows
counties to prescribe by ordinance disposition standards and procedures for
surplus real property;' and
-� WHEREAS, the Board of County Commissioners now d sires to enact such
an ordinance and finds that such an ordinance; is in the b st interest of the
citizens of St. Lucie County, Florida. j
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. !Lucie County, Florida, as follows:
%WIK 116d
PART A. Recitals. The foregoing recitals are true and correct and
incorporated herein by reference.
PART B. Creation. Chapter 1-16.2 ''PUBLIC PROPERTY is hereby
created, Article I, St. Lucie County Code, enti led Disposition of Surplus Real
Property of Chapter 1-16.2 is hereby created to r ad as follow:
ARTICLE I. DISPOSITION OF SURPLUS REAL PROPERTY
Section 1-16.2-1 PuIrpose.
This Article is created for the purpose of estabkshinq a method of
disposition of surplus County real property in accordance wi h section 125.35 3
Florida Statutes.
Section 1-16.2-2 Declaration of surplus proper�y.
(a) When th Board of County Commissioners finds t at any real property
owned by the County Is unusable or not needed fo l County pur ores, the Board may
declare the real progerly to be surplus ro er Once the ro ert is declared
surplus, the proper� may be sold dedicated donated or of ierwise conveyed to
interested parties -pursuant to the terms of t is Article. The declaration of
surdlUs droperty shall! be recorded in the minutes f the Board
Once th real property is declared Isur lus by the Board of Count
Commissioners the unly Administrator or desi nee shall h ve the authority to
sell the properly td the highest and best bi der. A de d transferring the
nrnnorty to tha hinhPst nnel hest hirlclPr shnll he nrPSPntP_ri to the Chnirmnn of the
Board of County Com issioners for signature witkout any fur
her approval of the
Board being required. The Counly Administrator or desic
nee shall have the
authority to reject all bids if the bids are determined to be
oo low or not in the
best interest of the ICount . In the event the C I ounty Administrator
or desi nee
desires to transfer fhe properly to a person of her than t"
e highest and best
bidder, the matter shell be presented to the Board
for appro
1.
I
i
I
C
Section 1-16, 2-3 Process by which interests
r4 e
(a) Any person, corporation, governmental b
request to acquire surplus real property by subm
County Administrator or designee. The lett
information
L name of the person or legal entity int,
the reason for acquiring the pror
governmental, etc.;
Q) the proposed purchase price; and
r other le al entity ma
3 lett r of interest to th
all in Jude the followin
in t
^o ert ;
onal. chari
the le al descri tion the alternate
�eynumber 'nd if available the
street address of they property; and
any othe t information the person deems
Upon receipt of the letter of interest the County
relevant.
istrator or designee
Admi
shall verify whether: the property has in fact
6eenclecla4cl
surplus. If the
property has not bee declared surplus, the Count
Administra
or or designee shall
make a determindtioni as to whether the proper
is needed for
County purpose5.
If the property is no longer needed then the 6unty
Administrator
or designee
shall request the Bond
of County Commissioners Ito
declare tie
property surplus.
Once the property is
eclnred surplus, then the
ounty Admin
strator or designee
�r ILl v uwwzr, v i i t r- Vr vj?cr r i rn uc.c,uruuric.� Willi I [it, J 1 unuur'usy 1
competition set forth;in this Article.
(c). The County may, on its own initiative �is ose of sur lus property b
following the standards of competition.
i
Section 1-16.2-4 St ndards of competition and Inotice of di osal
(a) For real propeHty valued more than 25 0 0 as n rai! ed by the Propert
Appraiser's Office t1he Counly may sell the property to thle highest and best
bidder. Notice calli for bids shall be publisbed in a ne s a er of general
3
circulation once. each week for two (2) consecutive weeks The County shall have
the option to convey the property to the highest bidder or deiect all bids. This
procedure applies regordless of whether the sur us properlylis being disposed of
on the Coun 's own initiative or upon receiving a letter of inte est.
For real properity valued at $50,000 or mo a as apprcliecl by the -Property
.Appraiser, the Counly shall have the property e-araised 1hy a fee a raiser
designated by a fee appraiser designated by the Count
(c) Alternative) for real -property appraised under $25,O -by the Property
Appraiser's Office, the County may negotiate the private sale of the property to
uu m i �rt�a i,_u J ne wun snaii send notice To all ad JaC
,nt property owners
by certified mail indicating the Coun 's desire to
ispose 0-f—ii,e,
real property. If
within ten 10 business days after receivinq such
notice any
adjacent property
owners indicate their desire to purchase the DrIDDerly,the
CounU shall accept
sealed bids for the property from the interests
arties. Tie
County may then
convey the property �to the highest bidder or
eject all bids.
This procedure
applies regardless of whether the surplus proe
is beino
disposed of on the
Count 's own initiative! or upon receiving a letter o
interest.
lue of the property,may
convey
The County,regardless of the appraised v
such property to another governmental entity or charitable
ins
itution at n private
sale for such price as the Board of County Commis
inners ma
ix. The conveyance
shall be done in accordance with section 125.38 FI
rida Statut
s.
Section 1-16.2-5 Negotiation procedures.
Lg) In negotiating the terms and conditions of the disposal of surplus proUrty,
the County Administrator or designee shall take )into conside ation the following
factors:
(1) The apprdised value of the real pro er}t ;
The condition of the real propert and the extent to which the party
seeking to acquire the property will have to expend funds to make the property
useable or, to bring the property into compliance with the St Lucie County Code
of Ordinances.
El
1*0 `440
(3) The proposed use of the warty seekinb to acnuirP flip nrnnorty
In no event shall the disposition of sur lu
pr2pertolcite the 5t. Lucie
County Comprehensive Plan or the zoning re ulatio
s of St. Lucilq
County, Florida.
�nterestecl_parties.
Section 1-16.2-6 N of icntion of disposition to
The County Administrator or designee shali
publish a notice
inn
of general circulation
once at least twenty 20 d
s to
-newspaper
he Board of Count
Commissioners' hearink
in which the real ro ert
, is to be de
fared sur lus. The
notice shall contain a description of the surplus pr6perty
sough
t to be disposed of
the name of the County Administrator or desi rree to which
ob'ections shall be
addressed and the d' to of the regular meeting f the Board
in which proposed
final action is to be tdken. Ob'ections to the final disposition
of surplus property
shall be made in writinI no later than ten 10 claysicirior to the
inal disposition and
shall be given to the Board prior to making its f inall decision.
-T
PART C. Severability.
i
If any section, subsection, sentence, clause,
phrase, worc
or provision of this
ordinance is for any reason held invalid or un
onstitution
I by any court of
:ompetent jurisdiction, 'whether for substantive, procedural,
r any other reason,
such portion shall be deemed a separate, distinct
and indepe
dent provision, and
such holding shall not affect the validity of the
remaining
portions of this
)rdinance.
f Mtt-w
J
It is the intention of the Board and it is hereby provide c that the provisions
of Parts A and B of this ordinance shall be madell a part of tie St. Lucie.County
Code of Ordinances; that the sections of this ordinance ma be renumbered or
relettered to accomplish such intention; and than the word 'ordinance" may be
changed to "section", "article", or other appropriat I� designation
PART E. Filing by Clerk.
The Clerk shall j ile a certified copy of this
of State within ten (1�) days after enactment.
5
ordinance with the Department
4
PART F. Effective Date.
This ordinance shall become effective inmediately uon filing with," I t he ^�
Department of State.
1
PASSED AND DULY ADOPTED this 18th day of June, 2 0?:�'`
BOARD OF COUNTY `NIMISSiUNE2
ATTEST: ST. LUCIE COUNTY, F ORIDA ' .•:. ,,.:
BY:
Deputy ClerlV Cha' man
` •- ~fir J
APPROVED 5 TO FOR AND
CORRw
BY:
R
j County ,etc oney
PROPERTYA.CQUISI.CION DIVISION
MEMORANDUM
TO- Wayne Teegardin, Risk Manager
FROM: Cathryn Quint, Acquisition Agent
DATE: March 19, 2003
SUBJECT: Properties conveyed to the County by Tax Deed
1 am attaching copies of four Tax Deeds and supporting information from the Property
Appraiser's website for properties conveyed to the County.by Tax Deed on August 29,
2002.
Tax ID
#2404-815-0034-000/5
Tax
Deed
File
No. 93-227
Recorded* -OR
1573/2084
Tax ID
#2404-813-0011-000/2
Tax
Deed
File
No. 93-224
Recorded OR
1573/2085
Tax ID
#2421-500-0061-020/5
Tax
Deed
File
No. 93-222
Recorded OR
1573/2087
Tax ID
#2410-603-0032-000/9
Tax
Deed
File
No. 93-173
Recorded OR
1573/2086
Please call me at x1711 if you have any questions.
cc: County Attorney
File
GA,kCCM1P\Tax Deeds1FY02-03\Memo.P,iskMgrTaxDeed.031903.doc
PROPERTYA.CQUISITION DIVI5I:ON
MEMORANDUM
TO< Wayne Teegardin, Risk Manager
FROM: Cathryn Quint; Acquisition Agent
DATE: March 19, 2003
SUBJECT: Properties conveyed to the County by Tax Deed
I am attaching copies of thirteen (13) Tax Deeds and supporting information from the
Property Appraiser's website for.properties conveyed to the County by Tax Deed on March
21, 2003.
TaxID #
2410-601-0140-000/3
Tax Deed File No,
99-58
Recorded OR
1677/2858
TaxID #
2420-601-0040-010/6
Tax Deed File No.
99-60
Recorded OR
1677/2859
TaxID #
2409-501-0050-000/4
Tax Deed File No.
99-37
Recorded OR
1677/2860
TaxlD #
2409-503-0033-000/5
Tax Deed File No.
99-45
Recorded OR
1677/2861
Tax]D #
2409-804-0003-000/0
Tax Deed File No.
99-52
Recorded OR
1677/2862
TaxlD #
2308-601-0001-000/3
Tax Deed File No.
99-170
Recorded OR
1677/2863
TaxlD #
2308-601-0002-000/0
Tax Deed File No,
99-171
Recorded OR
1677-2864
TaxID #
2404-710-0067-000/3
Tax Deed File No.
99-177
Recorded OR
1677/2865
Taxi #
2410-601-0119-000/7
Tax Deed File No.
99-57
Recorded OR
1677-2866
TaxlD #
1301-615-0101-000/3
Tax Deed File No.
99-285
Recorded OR
1677-2867
Taxi #
3420-560-0320-000/9
Tax Deed File No.
99-199
Recorded OR
1677/2868
TaxID #
2404-810-0015-000/1
Tax Deed File No.
99-255
-Recorded OR
1677/2869
TaxID #
2409-516-0043-000/8
Tax Deed File No.
99-290
Recorded OR
1677/2870
Please call me at x1711 if you have any questions
cc: County Attorney
File
G:IAC0VAIP\Tax Deeds\FY02-03\Memo.RiskMgrTaxDeed.041003.doc
Property Appraiser - St.Lucir ^ounty, FL
Pao e 1 of 1
St Lucie County Record: 1 of 1
Property Identification
Site Address:
16D6 G TERR
Sec.Town.•°Range:
04 :35S :40E
Map ID:
24/04H
Zoning:
R-4 - FP
r
Ownership and Mailing
Owner: Si Lucie County
Address: 2300 Virginia Av
Fort Pierce FL 34982
Sales Information
Date
Price
Code
8/29,T002
01
10/8",1991
100
01
5/1,1957
0
01
5/1/1986
25000
00
811 /1974
13500
00
PROPERTY RECORD CARD
«Prey Next» Spec.Assmnt Taxes Exemptions Permits Map
ParcellD: 2404-815-0034-000-5 LUCIL e
Account 1<: 17975 .;
Land Use: Vac Res
Chy.!Cnty: FORT PIERCE
Legal Description
HILLCREST S!D BLK 3 LOT 10 AND S 5FT OF VAC ALLEY ADJ ON N
(OR 1573.2084)
Assessment
Deed
BooK%Page
2D03 Val:
2100
TD
1573 12084
Assessed:
2100
QC
0764 / 1 B19
Ag.Credit:
0
CV
0544 / 2321
Exempt:
2100
CV
0503 / 1007
Taxable:
0
CV
0231 / 2285
BUILDING
INFORMATION
No Sketch
Available
Total Land and Building
Total Land: 0.16 Acres
Buildings: 1
Finished Area: 0 SgFt
Exterior Features
View:
RootCover:
RoofStruct
ExtType:
YearBit;
Frame:
Grade:
Elf'OBIC
PrimeWall:
S1oryHcPub;
No.Units:
SecWall:
Interior Features
E_clRooms:
Electric:
PrmintWall:
FullBath:
HeaiType:
AvgHVFI:
1 /2Batn,
HeatFuel:
Prm. Flors:
%A!C:
%Heated:
mSprinkled:
Special Features and Yard Items
Land Information
Type Y!S City. Units Qual.
Cond.
YrBK No. Land Use Type Measure Depth
1 0000-Vac Res 210 -Front Ft 48 145
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED.
THIS INFORMATION IS BELIEVED TO
BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED
httn:/Avvvw.nasIc.orr,/PRC, asn?nrdid=2404S) 500340005 10/24/2003
"ROW _
u
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM N.D
Date: June 8, 2004
Regular [ ]
Public Hearing [ ]
Consent [X]
PRESENTED BY:
Heather Young
Assistant County Attorney
SUBJECT: Resolution No. 04-165 - Approving the Issuance by the St. Lucie County Housing Finance Authority
ofNot To Exceed $11,200,000 Multifamily Housing Mortgage Revenue Bonds for Riverview Club Partners, Ltd. And
Riverview Club Partners II, Ltd.
BACKGROUND: See C.A. No. 04-798
FUNDS AVAIL.(State type & No. of transaction or N/A): N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No.
04-165, as drafted.
COMMISSION ACTION:
X APPROVED [ ] DENIED
[ ] OTHER: Approved 5-0
i'
County Attorney:
Originating Dept.:
Finance (Check for Copy only, if applicable):
Coordination/Signatures
Mgt. & B
Other :
M. Anderson
Administrator
Purchasing:
Other :
M
NUO
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
r
FROM: Heather Young, Assistant County Attorney
C.A. NO: 04-798
DATE: June 1, 2004
SUBJECT: Resolution No. 04-165 - Approving the Issuance by the St. Lucie County Housing
Finance Authority of Not To Exceed $11,200,000 Multifamily Housing Mortgage
Revenue Bonds for Riverview Club Partners, Ltd. and Riverview Club Partners
II, Ltd.
BACKGROUND:
The St. Lucie County Housing Finance Authority has received an application from
Riverview Club Partners, Ltd, and Riverview Club Partners II, Ltd. for the issuance of not to
exceed $11,200,000 multifamily housing mortgage revenue bonds to provide a portion of the
financing for the proposed Riverview Club Apartments and Riverview Club II Apartments.
The proposed project is located within the City of Fort Pierce at 2300 North U.S. 1. The
project will contain a total of 216 units to be rented to persons and families of low and
moderate income. The proposed project is permitted under the existing zoning on the site.
The developer has been working with City staff on the project. Copies of the application are
available for review in the County Attorney's Office.
On March 25, 2004, the Housing Finance Authority adopted Resolution Nos. 04-01
and 04-02 declaring its official intent to finance Phase I and Phase II of the project as proposed
by the developer. On May 14, 2004, the Housing Finance Authority held a duly advertised
public hearing to discuss the Authority's proposed issuance of the bonds and to provide
interested members of the public an opportunity to express their view, both orally and in
writing, on the proposed issuance of the bonds. No public comments have been received on
the proposed bonds to date.
Attached to this memorandum is a copy of proposed Resolution No. 04-165. The
resolution provides for the Board to approve the issuance of the bonds by the Authority
pursuant to Section 147(f) of the Internal Revenue Code.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board of County Commissioners adopt proposed Resolution
No. 04-165, as drafted.
1
M
M
Attachment
HY/
Copies to: County Administrator
Finance Director
Deputy Clerk
Press/Public
Respectfully submitted,
Heather You
Assistant County Attorney
n
RESOLUTION NO. 04-165
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, APPROVING FOR PURPOSES OF SECTION
147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE
ISSUANCE OF NOT TO EXCEED $11,200,000 MULTIFAMILY HOUSING
MORTGAGE REVENUE BONDS ON BEHALF OF THE ST. LUCIE COUNTY
HOUSING FINANCE AUTHORITY IN ONE OR MORE SERIES PURSUANT
TO A PLAN OF FINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the St. Lucie County Housing Finance Authority (the "Authority") was created
pursuant to Part IV, Chapter 159, Florida Statutes (the "Act"), and St. Lucie County Ordinance No. 80-3,
as codified at St. Lucie County Code of Ordinances, § 1-10.5-21 et seq. (the "Ordinance"); and
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"),
has heretofore adopted Resolution No. 80-65 declaring a need for the Authority to function in order to
alleviate the shortage of housing and capital investment in housing within St. Lucie County, Florida (the
"County"); and
WHEREAS, the Authority has received an application from Riverview Club Partners, Ltd., a
Florida limited partnership (the "Phase I Developer"), for the issuance by the Authority of not to exceed
$6,200,000 of its Multifamily Housing Mortgage Bonds (the "Phase I Bonds") to finance the acquisition,
construction and equipping of an approximately 120-unit multifamily housing facility (the "Phase I
Development") to be known as "RiverView Club Apartments" and to be located in the County, within the
city limits of Ft. Pierce, Florida, at 2300 North U.S. 1, on a site bordered on the west by U.S. I and the
east by Old Dixie Highway, the residential units which are to be rented in part to persons and families of
low and moderate income; and
WHEREAS, the Authority has received an application from Riverview Club Partners Il, Ltd., a
Florida limited partnership (the "Phase II Developer"), for the issuance by the Authority of not to exceed
$5,000,000 of its Multifamily Housing Mortgage Bonds (the "Phase 1I Bonds") to finance the acquisition,
construction and equipping of an approximately 96-unit multifamily housing facility (the "Phase II
Development") to be known as "RiverView Club Apartments — Phase II" and to be located in the County,
within the city limits of Ft. Pierce, Florida, at 2300 North U.S. 1, on a site bordered on the west by U.S. 1
and the east by Old Dixie Highway, the residential units which are to be rented in part to persons and
families of low and moderate income; and
WHEREAS, the Authority by resolution duly adopted on March 24, 2004 (the "Authority
Resolution"), declared its official intent within the contemplation of Section 1.150-2 of the Income Tax
Regulations promulgated by the Department of the Treasury under the Internal Revenue Code of 1986, as
amended (the "Code") to finance the Phase I Development and the Phase II Development (collectively,
the "Development"), a copy of which Authority Resolutions are attached hereto as Exhibits A and B,
respectively; and
WHEREAS, Section 147(f) of the Code requires public approval of certain private activity bonds
such as the Phase I Bonds and the Phase II Bonds (collectively, the "Bonds") and the plan of finance
therefor by an applicable elected representative or governmental unit following a public hearing and the
Board constitutes an applicable elected representative or governmental unit; and
I�✓ 140
WHEREAS, the Authority held a public hearing on May 14, 2004, at 4:00 p.m., pursuant to the
provisions of Section 147(f) of the Code , following the publication of notice thereof, not less than
fourteen (14) days prior to the date of such hearing to discuss the Authority's proposed issuance of the
Bonds and to provide interested members of the public to express their views, both orally and in writing,
on toe issuance of the Bonds; and
WHEREAS, the Authority has indicated that the required public hearing was conducted at the
time and place advertised as set forth in the minutes of such public hearing a copy of which is attached
hereto as Exhibit C; and
WHEREAS, the Board desires to express its approval of the action to be taken pursuant to the
Authority Resolution and the Act and as required by Section 147(f) of the Code; and
WHEREAS, the Board desires to authorize the Authority to undertake actions as necessary in
connection with the issuance, sale, authentication and delivery of the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida, that:
Section 1. The recitals and findings contained in the preamble to this Resolution are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Board acknowledges the holding by the Authority of a public hearing on
May 14, 2004.
Section 3. The issuance of the Bonds is hereby approved for purposes of Section 147(f) of
the Code.
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND DULY ADOPTED at a meeting duly called and held this XX day of XX, 2004.
ATTEST:
DEPUTY CLERK
ST. LUCIE COUNTY, FLORIDA
By:
CHAIRPERSON, BOARD OF
COUNTY COMMISSIONERS
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
2
cm
Exhibit A
RESOLUTION 2004-01
ST. LUCIE COUNTY HOUSING FINANCE AUTHORITY
M
In
RESOLUTION 2004- C) t
A RESOLUTION EXPRESSING THE INTENT OF THE ST.
LUCIE COUNTY HOUSING FINANCE AUTHORITY TO
LOAN FUNDS TO FINANCE THE ACQUISITION,
CONSTRUCTION AND EQUIPPING, OF A QUALIFYING
HOUSING DEVELOPMENT IN ST. LUCIE COUNTY,
FLORIDA; PROVIDING FOR THE LENDING OF FUNDS
FOR SUCH PURPOSE TO RIVERVIEW CLUB PARTNERS,
LTD., OR ITS PERMITTED SUCCESSORS OR ASSIGNS;
PROVIDING FOR THE ISSUANCE OF MULTIFAMILY
HOUSING MORTGAGE REVENUE BONDS OF THE
AUTHORITY IN ONE OR MORE SERIES IN THE
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$6,200,000 FOR THE PURPOSE OF MAKING SUCH A
LOAN OF FUNDS TO FINANCE ALL OR A PORTION OF
THE COST OF SUCH DEVELOPMENT; APPROVING THE
FORM OF AND AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF AGREEMENT PERTAINING TO
THE ISSUANCE OF SUCH BONDS; AND PROVIDING
CERTAIN OTHER DETAILS WITH RESPECT THERETO.
BE IT RESOLVED by the ST. LUCIE COUNTY HOUSING FINANCE
AUTHORITY, that:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions of
the Florida Housing Finance Authority Law, as amended, Florida Statutes, Chapter 159, Part IV,
and other applicable provisions of law.
SECTION 2. DEFINITIONS.
A. "Act" means; collectively, the Florida Housing Finance Authority Law, as
amended, Florida Statutes, Chapter 159, Part IV, St. Lucie County Ordinance No. 80-3, as
supplemented by Resolution No. 80-65, and other applicable provisions of law.
B. "Authority" means "the St. Lucie County Housing Finance Authority, a
public body corporate and politic of the State of Florida duly created pursuant to the Act.
Page 1 of 11
C. "Bonds" or "Bond" means proposed Multifamily Housing Mortgage
Revenue Bonds, notes, or other indebtedness to be issued by the Authority to finance the
Development in an aggregate principal amount not exceeding $6,200,000, to be authorized by
subsequent resolutions of the Authority pursuant to the Act and in accordance with the terms,
conditions and limitations contained in such resolution.
D. "Borrower" means Riverview Club Partners, Ltd., a Florida limited
partnership, or such successor or assign of which CED Capital Holdings 2004 Q, L.L.C. is a
majority shareholder, general partner or managing member.
E. "Chairman" means the Chairman (or, in his or her absence or disability,
the Vice Chairman) of the Authority.
F. "Development' means the acquisition, construction and equipping of an
approximately 120-unit multifamily housing facility to be known as "Riverview Club
Apartments" and to be located in St. Lucie County, Florida, within the city limits of Ft. Pierce,
Florida, at 2300 North U.S. 1, on a site bordered on the west by U.S. 1 and the east by Old Dixie
Highway, the residential units which are to be rented in part to persons and families of moderate,
middle and lesser income.
Authority.
G. "Secretary" means the Secretary or any Assistant Secretary of the
H. "Code" means the Internal Revenue Code of 1986, as amended and
regulations issued pursuant thereto.
SECTION 3. PROPOSAL. The Borrower has requested that the Authority issue the
Bonds under the Act in an aggregate principal amount not exceeding $6,200,000 for the purpose
Page 2 of 11
of financing for all or part of the cost of the Development, which amount the Borrower has
represented will, together with other available funds of the Borrower, be sufficient to pay all of
the costs of the Development, such Bonds to be secured by amounts payable under the terms of a
loan or financing agreement between the Authority and the Borrower providing for payments in
amounts sufficient to pay the principal of and interest on such Bonds as the same become due
and payable.
SECTION 4. FINDINGS. The Authority hereby finds, .determines and declares as
follows:
A. The Authority is authorized and empowered by the Act to enter into
transactions such as those contemplated by the Borrower in connection with the financing of the
development, and to fully perform the obligations of the Authority to be undertaken in
connection with the financing of the Development in order to assist in alleviating the shortage of
housing and of capital to finance the construction of affordable housing in St. Lucie County,
Florida (the "County") and the State of Florida (the "State").
B. Based upon the preliminary information made available to the Authority
and subject to further review and analysis, the Development will constitute a "qualifying housing
development" within the meaning of the Act and the issuance of Bonds for the purpose of
making funds available to the Borrower for the purpose of financing the Development will assist
in alleviating the shortage of rental housing for eligible persons and families of low, moderate, or
middle income, will assist in alleviating the shortage of capital available for investment in such
rental housing, and increase the health, safety, morals, welfare and tax -base of the State and the
County, and will otherwise accomplish the intent and purposes of the Act.
Page 3 of 11
`'!+rid,
C. The Borrower has requested that the Authority issue Bonds in one or more
series, in an aggregate principal amount not exceeding $6,200,000 to finance the Development.
The Bonds shall be paid solely from the repayment of a loan of the bond proceeds by the
Authority to the Borrower and the Bonds shall, unless waived by subsequent proceedings of the
Authority, be secured by credit enhancement acceptable to the Authority.
D. The capital expenditures to be reimbursed, pursuant to this Resolution if
the Bonds are issued, will meet the requirements of the Code insofar as having been incurred
within sixty (60) days prior to the date hereof or will be incurred after the date hereof in
connection with the Development.
E. The Authority reasonably expects to reimburse the capital expenditures
incurred or to be incurred by Borrower with a portion of the proceeds of the Bonds that are
issued as tax exempt obligations of the Authority subsequent to the date hereof and no funds
from sources other than the "reimbursement bond issue" (as such tern has the meaning assigned
to it under the Regulations) portion of such Bonds are, or are reasonably expected to be, reserved,
allocated on a long tenn basis, or otherwise set aside by the Authority pursuant to the Authority's
policy to pay for such capital expenditures.
F. The Authority will, upon receipt of the proceeds of the Bonds that are
issued as tax exempt obligations (or within thirty (30) days thereof), allocate in writing the
amount of proceeds of such Bonds used to reimburse the prior capital expenditures incurred by
the Borrower in connection with the Development (herein the "Prior Expenditures"). Such
allocation will be accomplished within the latter of eighteen (18) months from the earliest date
such Prior Expenditures were incurred or the date the Development is placed in service (but in no
event later than three (3) years after the first Prior Expenditure was made).
Page 4 of 11
CM
M
SECTION 5. DETERMINATION. If, upon further investigation of the Borrower and
their proposal, the Authority is able to find:
f, A. That the Authority is not obligated to pay the Bonds except from the
proceeds derived from the repayment of a loan to the Borrower and that neither the faith and
credit nor the taxing power of the Authority, the County or of the State or any political
subdivision thereof is pledged to the payment of the principal of or the interest or premium, if
any, on the Bonds;
B. That the Authority and the Borrower will, prior to the issuance of the
Bonds, execute the documentation in a form and substance acceptable to the Authority, required
for the financing of the Development as contemplated hereby;
C. That adequate provision will be made in the documents for the operation,
repair and maintenance of the Development at the expense of the Borrower and for the payment
of the principal of, premium, if any, and interest on the Bonds and reserves, if any, therefor;
D. That the Development constitutes a "qualifying housing development"
within the meaning of the Act;
E. That the proposal of the Borrower will otherwise comply with all of the
provisions of the Act;
F. That unless waived by the Authority, the Bonds will be secured by credit
enhancement acceptable to the Authority and the Borrower will obtain a rating on the Bonds
acceptable to the Authority from rating agencies approved by the Authority;
G. That it is in the best interest of the Authority to provide financing for the
Development based upon such factors as the Authority shall deem relevant, including, without
Page 5 of 11
limitation, competing requests for financing, the availability of private activity bond volume cap
allocation, the findings and recommendations provided in a credit underwriting report prepared
by a consultant selected by the Authority with respect to the Development (the "Credit
Underwriting Report") and that the Borrower and the financing of the Development meet all of
the prerequisites established by the Authority for the financing of the Development and the
issuance of the Bonds, including without limitation, the conditions set forth in the Credit
Underwriting Report;
then the Authority shall, and by passage of this Resolution hereby expresses its intention to use
its reasonable best efforts to authorize the issuance and sale of the Bonds, to finance the
Development in accordance with the provisions and authority of the Act and this Resolution. The
interest on the Bonds may be taxable or tax exempt and the principal amount, terms of maturity,
interest rate and other details of the Bonds will be determined by the Borrower and the Authority
and subsequently adopted by resolution of the Authority.
SECTION 6. AUTHORIZATION TO EXECUTE. The Chairman and the Secretary
of the Authority are authorized in the name and on behalf of the Authority pursuant to this
Resolution to execute and deliver a Memorandum of Agreement (the "Memorandum 'of
Agreement") of even date herewith between the Borrower and the Authority in substantially the
form attached to this Resolution as Exhibit "A," with such changes as the officers signing such
Memorandum of Agreement may approve, as evidenced by their execution thereof. Except to
the extent full Authority action is required, the Chairman and the Secretary of the Authority are
further authorized to take such further action and execute such further instruments as may be
necessary to fully effectuate the purpose and intention of the Memorandum of Agreement and
this Resolution.
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SECTION 7. CONDITIONS PRECEDENT. This Resolution is not intended to be a
binding commitment. The agreement of the Authority to issue the Bonds. pursuant to this
Resolution and the Memorandum of Agreement is conditioned upon the following:
(a) The information contained in the application of the Borrower filed with
the Authority shall not change in any material respect. Any such material change should be
brought to the attention of the Authority immediately in writing for further consideration by the.
Authority and its Counsel and by Bond Counsel to the Authority.
(b) A public hearing shall have been conducted as required by Section 147(f)
of the Internal Revenue Code of 1986 as amended, upon payment of the Authority's required
fees.
(c) Upon issuance and delivery of the Bonds, there shall be delivered to the
Authority an opinion of Bond Counsel to the effect that the Bonds are valid and binding
obligations of the Authority and the interest of the Bonds (other than taxable bonds) is excluded,
to the extent applicable, from gross income for federal income tax purposes.
(d) There has been received prior to the issuance of the Bonds from the
Division I of Bond Finance of the State Board of Administration (the "Division"), a private
activity bond allocation equal to the principal amount of Bonds so issued (other than taxable
bonds). The Authority snakes no representation or guarantees regarding the availability of
private activity bond allocation at the time the Developer is ready to proceed with the issuance of
the Bonds.
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(e) The terms and payment of the Bonds, the security- for repayment and the
methodology.for the sale and transfer of such Bonds shall be in conformity with the policies of
the Authority and the Credit Underwriters Report.
(f) The Bonds shall be issued and delivered no later than fifteen (15) days
prior to the stated expiration date of the allocation from the Division, unless such date as is
extended by subsequent proceedings of the Authority.
(g) The sale of the Bonds has been approved by the Board of County
Commissioners for St. Lucie County (the "County") as required under Ordinance No. 80-3 of the
County, as supplemented, and Section 147(o of the Code.
SECTION 8. EXPRESSION OF INTENT. This Resolution. constitutes a declaration
of the official intent of the Authority within the contemplation of Section 1.150-2 of the Income
Tax Regulations promulgated by the Department of the Treasury to permit the Borrower to use
proceeds of the Bonds that are issued as tax exempt obligations to reimburse itself for certain
acquisition, construction, planning, design, legal or other costs and expenses originally paid by
the Borrower in connection with the Development with funds other than proceeds of the Bonds
prior to the issuance of the Bonds (the "Advanced Funds").
All of the expenditures initially to be made with the Advanced Funds that will be
reimbursed by the Borrower from proceeds of the Bonds that are issued as tax exempt
obligations, will be for costs that (i) properly chargeable to the capital account of the
Development under general income tax principles, (ii) constitute non -recurring working capital
expenditures (of a type not customarily payable from current revenues), or (iii) costs of issuing
the Bonds. Other than any preliminary expenditures for architectural, engineering, surveying,
soil testing, costs of issuing the Bonds or similar purposes that may have been paid more than
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sixty (60) days prior to the date of this Resolution, no expenditures to be reimbursed have been
paid more than sixty days earlier than the date of this Resolution.
r� The expression of official intent set forth herein is made in reliance upon a representation
of the Borrower that it reasonably expects to pay or incur expenses in connection with the
Development prior to the issuance of the Bonds and to reimburse themselves for those expenses
from the proceeds of the Bonds that are issued as tax exempt obligations.
SECTION 9. AUTHORIZATION OF PUBLIC HEARING. The County Attorney is
hereby authorized on behalf of the Authority to publish notice of and conduct a public hearing
with respect to the issuance of the Bonds to finance the Development in accordance with the
requirements of Section 147(f) of the Internal Revenue Codes of 1986, as amended. The County
Attorney and Bond Counsel for the Authority are authorized to file such requests with the
Division to seek an allocation of private activity bonds for the Development.
SECTION 10. TERM OF RESOLUTION. This Resolution shall be effective from the
date hereof through December 31, 2004, at the end of which time, the Authority shall review the
status of the financing structure of the proposed Development. The securing by the Borrower of
an acceptable. firm commitment from an acceptable third party credit enhancer (unless waived by
the Authority), shall not in and of itself obligate the Authority to extend this Resolution, but shall
be one of the factors considered by the Authority in determining whether or not to extend this
Resolution. There shall be no limitation on the number, length of time or other terms of
extensions granted by the Authority.
SECTION 11. OTHER DEVELOPMENT. Sandspur Housing Partners, Ltd., the
developer for the Development (the "Developer"), has submitted a separate application to the
Authority on behalf of RiverView Club Partners II, Ltd., a Florida limited partnership (the
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"Other Borrower"), for $5,000,000 in bond financing from the Authority (the "Other Bonds") for
the acquisition, construction and equipping of a 96-unit multifamily housing facility to be located
adjacent to the Development (the "Other Development"), which Other Bonds and Other
Development are the subject of separate resolutions of the Authority being adopted this day. In
the event that a private activity bond allocation is obtained for the Other Bonds and the Authority
can close on the issuance and sale of the Bonds and the Other Bonds simultaneously, the Bonds
and the Other Bonds may be combined into a single issue, in an aggregate principal amount of
not exceeding $11,200,000, this Resolution shall be deemed to be an official intent to issue not to
exceed $11,200,000 in bonds within the contemplation of Section 1.150-2 of the Income Tax
Regulations, and all references in this Resolution or the. Memorandum of Agreement to the
Bonds, the Development and the Borrower shall be deemed to include the aggregate of the
Bonds and the Other Bonds, the Development and the Other Development and the Borrower, the
Other Borrower or a successor to the Borrower and the Other Borrower that are controlled by the
Developer. The Borrower and the Other Borrower shall be responsible for any additional costs
incurred by the Authority in combining the Bonds and the Other Bonds.
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SECTION 12. EFFECTIVE DATE. This Resolution shall take effect iminediately
upon its adoption.
PASSED AND ADOPTED this 24t' day of March, 2004.
ATTEST:
ST. LUCIE COUNTY HOUSING FINANCE
AUTHORITY
By:
Chairman
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EXHIBIT "A"
MEMORANDUM OF AGREEMENT
This is a Memorandum of Agreement dated as of the 20 day of March, 2004, between
the St. Lucie County Housing Finance Authority, a public body corporate and politic under the
laws of the State of Florida (the "Authority"), and RiverView Club Partners, Ltd., a Florida
limited partnership (together with its permitted successors or assigns, the "Borrower")
WHEREAS, the Authority is authorized and empowered by the provisions of the
Constitution and laws of the State of Florida to issue bonds for the purposes of providing funds
to finance the acquisition, construction and equipping of "qualifying housing developments" as
defined in the Florida Housing Finance Authority Law, as amended (the "Act"), Florida Statutes,
Chapter 159, Part IV, and to loan the proceeds from the sale of such bonds to others to finance
the acquisition, construction and equipping of such qualifying housing developments; and
WHEREAS, the Borrower desires to finance the acquisition, construction and equipping
of a 120-unit multifamily rental housing facility known as Riverview Club Apartments, located
in St. Lucie County, Florida, within the city limits of Ft. Pierce, Florida, at 2300 North U.S. 1, on
a site bordered on the west by U.S. 1 and the east by Old Dixie Highway, to be rented by eligible
persons and . families of middle, low, moderate or middle income (collectively, the
"Development"); and
WHEREAS, the Borrower has requested that the Authority issue its multifamily housing
revenue bonds in an aggregate principal amount of not to exceed $6,200,000 (the "Bonds") and
to loan the proceeds thereof to the Borrower to finance the acquisition, construction, and
equipping of the Development; and
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WHEREAS, Authority has preliminarily determined that the Development constitutes a
qualifying housing development within the meaning of the Act; and
/f WHEREAS, based upon preluninary information made available to it and subject to
further review and analysis, the Authority believes that the Development will assist in alleviating
the shortage of rental housing for eligible persons and families of low, moderate, or middle
income and will assist in alleviating the shortage of capital available for investment in such
rental housing, and thereby increase the health, safety, morals, welfare, and tax base of the State
and in St. Lucie County (the "County"); and
WHEREAS, the Borrower desires the Authority to continue is review and analysis of the
Borrower's request to provide financing for the Development; and
WHEREAS, the Authority, by its adoption of its resolution (the "Reimbursement
Resolution"), has indicated its preliminary willingness to proceed with its consideration of the
Borrower's request for such financing; and
WHEREAS, the Authority wishes to enter into certain agreements with the Borrower
with respect to its consideration of the Borrower's request to provide financing for the
Development and its efforts with respect to the issuance of the Bonds and the financing of the
Development.
NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as
follows:
1. The Authority. agrees:
(a) That, if the Authority makes the determination described in
Section 5 of the Reimbursement Resolution and the Borrower meets all prerequisites for
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the issuance of the Bonds established by the Authority, it will make all reasonable efforts
to authorize the issuance and sale of the Bonds pursuant to the terms of the Constitution
it of the State, the Act, and the Reimbursement Resolution, applicable provisions of the
Internal Revenue Code of 1986, as amended (the "Code"), and this Memorandum of
Agreement; and
(b) That, if the Bonds are issued, it will (but only to the extent of the
net proceeds received from the sale of the Bonds) make a loan to the Borrower to finance
the Development, with installment payments due under a loan or financing agreement
between the Authority and the Borrower to be at least sufficient to pay the principal of,
interest on and redemption premiums, if any, with respect to the Bonds as and when the
same shall become due and payable, together with all other costs and expenses connected
with such financing; and
(c) That, in the event the Authority acquires an interest in or a
mortgage on the Development, it will convey or release any such interest it retains in the
Development to the Borrower upon the retirement of the outstanding Bonds, and the
payment by the Borrower of all other costs connected with such financing.
2. The Borrower agrees:
(a) That the Borrower will use all reasonable efforts to find one or
more purchasers for the Bonds; and
(b) That the Borrower will enter into a loan or financing agreement
with the Authority, under the terns of which the Borrower will be obligated to pay to the
Authority sums sufficient to pay the principal of, interest on and redemption premiums, if
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any, with respect to the Bonds when the same shall become due and payable, to operate,
maintain and repair the Development at its own expense, to report or cause to be reported
't annually to the Authority the annual bond indebtedness outstanding and any other
information necessary to comply with Florida Statutes, Section 218.32, and to pay all
costs and expenses incurred by the Authority in connection with the financing of the
Development, except as may be paid out of Bond proceeds or otherwise; and
(c) That all risk of loss to the Development will be borne by the
Borrower.
3. All commitments of the Authority under Paragraph 1 hereof and of the Borrower
under Paragraph 2 hereof are subject to the mutual agreement of the Authority and the Borrower
as to the terms and conditions of the above- referenced loan or financing agreement and of the
Bonds and the other instruments and proceedings relating to the Bonds, and to the sale of the
Bonds pursuant to such terms and conditions. It is the intent of the parties hereto that the Bonds
shall be prepared in such form and shall be issued, underwritten and sold and the proceeds
thereof used, all as may be mutually agreed upon by the parties in accordance with the
requirements and provisions of the Constitution of the State and the Act.
4. The Borrower and the Authority further agree as follows:
(a) If the Borrower advances funds with respect to the acquisition,
construction, equipping or financing of the Development, it shall be entitled to
reimbursement for such expenses from, and only to the extent of, the net proceeds
received from the sale of the Bonds in accordance with subparagraph (b) below.
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(b) To the extent of the net proceeds derived from the sale of the
Bonds, and only from such proceeds, and in accordance with the provisions of the Act
�i and the Code, the Borrower .will be entitled to reimbursement for all costs and expenses,
direct or indirect, incurred by the Borrower after the date sixty (60) days prior to the date
of adoption of the Reimbursement Resolutions. All such costs shall be reimbursed to the
Borrower in accordance with the terms of the Act and the Code.
(c) If the net proceeds derived from the sale of the Bonds shall be less
than the cost of the Development, the Borrower agrees to complete the Development at
the Borrower's expense. The Authority does not make any warranty, either expressed or
implied, that the Bonds will be issued or that the funds derived from the sale of the Bonds,
if issued, will be sufficient to pay all of the costs incurred in connection with the
acquisition, construction and equipping of the Development or that any additional bonds
will be issued or may be sold. The Borrower recognizes that the Borrower shall not be
entitled to reimbursement from the Authority for costs incurred by it in completing the
acquisition, construction and equipping of the Development, except to the extent of
moneys otherwise available from the sale of the Bonds, and agree that the Borrower shall
not be entitled to any abatement or diminution of the loan installments payable under the
loan or financing agreement to be entered into between the Borrower and the Authority .
upon the delivery of the Bonds because of such unreimbursed costs.
(d) The Borrower acknowledges and agrees that, prior to or
simultaneously with the issuance and delivery of the Bonds, it will enter into a regulatory
or land use restriction agreement with respect to the Development and a continuing
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disclosure agreement with respect to the Bonds, each in form and substance acceptable to
the Authority and its counsel.
5. The issuance of the Bonds by the Authority shall be subject to the Authority's
filing for an allocation of a Private Activity Bond Allocation with the Division of Bond Finance
of the State Board of Administration of the State of Florida (the "Division") in an amount to be
subsequently determined by the Authority and at the sole discretion of the Authority and upon
receipt of an allocation from the Division. The Borrower shall close on the issuance of the
Bonds within one hundred fifty-five (155) days of receipt such allocation unless the Authority
shall, within its sole discretion, extend the term of this Memorandum of Agreement. THE
AUTHORITY DOES NOT ENTER INTO "ESCROWED CLOSINGS." The Authority makes
no representation as to the amount of allocation available from the Division.
6. The ability of the Authority to move forward on any aspect of the transactions
contemplated hereby or pursuant to the Reimbursement Resolution, shall be subject to the
approval by the Board of County Commissioners of St. Lucie County, Florida (the "County
Commission") of the issuance of the Bonds to finance the Development in accordance with
Section 147(f) of the Code and within the meaning of the Authority's enabling Ordinance.
7. The Borrower agrees to indemnify, defend and hold harmless the Authority, its
members and its agents against any and all liability, loss, costs (including credit underwriting and
market study), cost overruns, expenses, charges, claims, damages and attorney's fees of whatever
kind or nature, which the Authority, its members or its agents may incur or sustain by reason or
in consequence of the relationship existing between the Authority and the Borrower with respect
to the execution and delivery of this Memorandum of Agreement, the consideration of the
Borrower's request to issue the Bonds to finance the Development, the issuance and sale of the
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Bonds or the acquisition, construction and equipping of the Development. The Borrower hereby
releases the Authority, the members and officers of the Authority, and the agents, attorneys and
urnployees of the Authority from any liability, loss, cost, expenses, charges, claims, damages and
reasonable attorneys fees of whatever kind or nature which may result from the failure of the
Authority to issue the Bonds regardless of the reason therefor.
8. All commitments of the Authority pursuant to this Memorandum of Agreement
are subject to the condition that on or before fifteen (15) days prior to the stated expiration of an
allocation from the Division, but not later than one hundred forty (140) days from the receipt of
such allocation, the Authority and the Borrower shall have agreed to mutually acceptable terms
of the Bonds and the sale and delivery thereof, and mutually acceptable terms and conditions for
the agreements referred to in Paragraphs 2 and 3 hereof.
9. If the .events set forth in Paragraph 8 do not take place within the time set forth or
within any extension thereof, the Borrower agrees that it will reimburse for all fees and out-of-
pocket expenses which the Authority, and the Authority's counsel and Bond Counsel and
Financial Advisor may have incurred in connection with the execution of this Memorandum of
Agreement or anything related thereto or in connection with the request, of the Borrower to issue
the Bonds and the performance by the Authority or its professional staff described herein of their
obligations described hereunder; and upon such reimbursement this Memorandum of Agreement
shall thereupon terminate. The Borrower further agrees that if the events in Paragraph 8 do not
take place within the term set forth or any extension thereof (which may, subject to applicable
law, be granted by the Authority in its sole discretion), the Authority has the right to use the
allocation received for the Development, if any, for another development.
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10. The Borrower agrees to deliver to the Authority, simultaneously with the approval
of the Development by the Authority, a good faith deposit payable to the Authority in the amount
of $25,000.00. This good faith deposit will be held by the Authority until either (i) the Bonds are
issued, (ii) the time set forth in Paragraph 9 has run, or (iii) there has been an abandonment prior
to the issuance of the Bonds by the Borrower of the acquisition and construction of the
Development. If the financing of the Development as contemplated hereunder is completed as
provided in clause (i) above, the Borrower shall have the option of having the good faith deposit
returned in whole or applied against its costs at the time of closing. If any of the events in
clauses (ii) or (iii) above shall occur, the Authority shall be entitled to the deposit hereunder to
the extent necessary to pay the expenses incurred by the Authority's Counsel, Bond Counsel and
Financial Advisor related to this financing and the amount of the good faith deposit so applied
shall be credited against the Borrower's obligation to pay such amounts.
11. The Development and the Bonds shall also be subject to subsequent review and
approval by the County Commission, as required and no assurance can be given by the Authority
as to the outcome of such review and conditions. Further, no assurance can be given by the
Authority as to the result of any action or inaction by a governmental agency, whether local, state,
or federal, nor as to the result of any judicial action, which may affect in any way the bond issue
or the Development; and the Authority shall not be responsible nor held liable for any costs or
damages incurred by any party as a result thereof.
12. If for any reason the Authority shall fail to deliver the Bonds within the time limit
set forth in Paragraph 8, if the Authority sooner abandons its efforts to issue the Bonds at its
discretion, or if the Borrower shall terminate this Memorandum of Agreement by written notice
to the Authority, this Memorandum of Agreement shall terminate. Nothing contained herein,
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however, shall release the Borrower from its obligations to indemnify the Authority in
accordance with the terns of this Memorandum of Agreement.
13. This Memorandum of Agreement may be supplemented and amended from tune
to time by written agreement signed by both parties, and shall be superseded by the loan
agreement to be executed by the Authority and the Borrower, upon the execution thereof, to the
extent the tenns thereof conflict with the terns contained herein.
14. Notwithstanding any other provision of this Memorandum of Agreement, as a
matter of general assurance by the Borrower to the Authority, the Borrower hereby covenants
and agrees that it will pay the fees of the Authority, and that it will indemnify the Authority for
all reasonable expenses, costs and obligations incurred by the Authority, including but not
limited to printing costs, rating agency fees, the fees and expenses of the Authority's Counsel,
Bond Counsel and Financial Advisor under the provisions of this Memorandum of Agreement to
the end that the Authority will not suffer any out -of- pocket losses as a result of the carrying out
of any of its undertakings herein contained. The only obligation the Authority shall have in
connection with this Memorandum of Agreement shall be the payment of the Bonds, if and when
issued, but such payment shall be limited solely to the revenues derived from the financing, sale,
operation or leasing of the Development, and nothing contained in this Memorandum of
Agreement- shall ever be construed to constitute a personal or pecuniary liability or charge
against the Authority or any member or officer or employee of the Authority, and in the event of
a breach of any undertaking on the part of the Authority contained in this Memorandum of
Agreement, no personal or pecuniary liability or charge payable directly or indirectly from the
general funds of the Authority shall arise therefrom.
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15. If the Bonds to be issued hereunder are to be underwritten by a public offering,
they shall be underwritten by investment banking firms selected and approved by the Authority.
re 16. The Borrower agrees to pay to the Authority the Authority fees as outlined in the
Applications Procedures and Program Guidelines (the "Guidelines") which have been adopted
by the Authority.
17. The Borrower acknowledges and agrees to the terms of the Inducement
Resolution adopted by the Authority of even date herewith and the Guidelines, which Guidelines
are incorporated in this Memorandum of Agreement by reference as if they were repeated
verbatim herein. In the event of any inconsistency between this Memorandum of Agreement and
such Guidelines, the Guidelines shall prevail.
[The Rest of this Page Intentionally Left Blankl
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18. Nothing herein shall be deemed to require that the. Authority agree to submit itself
to the jurisdiction of the courts of any state other than the State of Florida.
f�
IN WITNESS WHEREOF, the parties hereto have set their hands and seal as of the day
and year first above written.
ATTEST:
Secretary
Tampa/30339.2
35488.00001
3/23/04
ST. LUCIE COUNTY HOUSING FINANCE
AUTHORITY
Chairman
RIVERVIEW CLUB PARTNERS II, LTD., a
Florida limited partnership
By: CED Capital Holdings 2004 BB, L.L.C., a
Florida limited liability company, its
general partner
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Name:
Title:
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Exhibit B
RESOLUTION 2004-02
ST. LUCIE COUNTY HOUSING FINANCE AUTHORITY
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RESOLUTION 2004- 0 -A-
A RESOLUTION EXPRESSING THE INTENT OF THE ST.
LUCIE COUNTY HOUSING FINANCE AUTHORITY TO
LOAN FUNDS TO FINANCE THE ACQUISITION,
CONSTRUCTION AND EQUIPPING, OF A QUALIFYING
HOUSING DEVELOPMENT IN ST. LUCIE COUNTY,
FLORIDA; PROVIDING FOR THE LENDING OF FUNDS
FOR SUCH PURPOSE TO RIVERVIEW CLUB PARTNERS
II, LTD., OR ITS PERMITTED SUCCESSORS OR ASSIGNS;
PROVIDING FOR THE ISSUANCE OF MULTIFAMILY
HOUSING MORTGAGE REVENUE BONDS OF THE
AUTHORITY IN ONE OR MORE SERIES IN THE
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$5,000,000 FOR THE PURPOSE OF MAKING SUCH A
LOAN OF FUNDS TO FINANCE ALL OR A PORTION OF
THE COST OF SUCH DEVELOPMENT; APPROVING THE
FORM OF AND AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF AGREEMENT PERTAINING TO
THE ISSUANCE OF SUCH BONDS; AND PROVIDING
CERTAIN OTHER DETAILS WITH RESPECT THERETO.
BE IT RESOLVED by the ST. LUCIE COUNTY HOUSING FINANCE
AUTHORITY, that:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions of
the Florida Housing Finance Authority Law, as amended, Florida Statutes, Chapter 159, Part IV,
and other applicable provisions of law.
SECTION 2. DEFINITIONS.
A. "Act" means, collectively, the Florida Housing Finance Authority Law, as
amended, Florida Statutes, Chapter 159, Part IV, St. Lucie County Ordinance No. 80-3, as
supplemented by Resolution No. 80-65, and other applicable provisions of law.
B. "Authority" means the St. Lucie County Housing Finance Authority, a
public body corporate and politic of the State of Florida duly created pursuant to the Act.
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C. "Bonds" or "Bond" means proposed Multifamily Housing Mortgage
Revenue Bonds, notes, or other indebtedness to be issued by the Authority to finance the
Development in an aggregate principal amount not exceeding $5,000,000, to be authorized by
subsequent resolutions of the Authority pursuant to the Act and in accordance with the terms,
conditions and limitations contained in such resolution.
D. "Borrower" means Riverview Club Partners Il, Ltd., a Florida limited
partnership, or such successor or assign of which CED Capital Holdings 2004 BB, L.L.C. is a
majority shareholder, general partner or managing member.
E. "Chairman" means the Chairman (or, in his or her absence or disability,
the Vice Chairman) of the Authority.
F. "Development" means the acquisition, construction and equipping of an
approximately 96-unit multifamily housing facility to be known as "Riverview Club Apartments
— Phase H" and to be located in St. Lucie County, Florida, within the city limits of Ft. Pierce,
Florida, at 2300 North U.S. 1, on a site bordered on the west by U.S. 1 and the east by Old Dixie
Highway, the residential units which are to be rented in part to persons and families of moderate,
middle and lesser income.
Authority.
G. "Secretary" means the Secretary or any Assistant Secretary of the
H. "Code" means the Internal Revenue Code of 1986, as amended and
regulations issued pursuant thereto.
SECTION 3. PROPOSAL. The Borrower has requested that the Authority issue the
Bonds under the Act in an aggregate principal amount not exceeding $5,000,000 for the purpose
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of financing for all or part of the cost of the Development, which amount the Borrower has
represented will, together with other available funds of the Borrower, be sufficient to pay all of
the costs of the Development, such Bonds to be secured by amounts payable under the terms of a
loan or financing agreement between the Authority and the Borrower providing for payments in
amounts sufficient to pay the principal of and interest on such Bonds as the same become due
and payable.
SECTION 4. FINDINGS. The Authority hereby finds, determines and declares as
follows:
A. The Authority is authorized and empowered by the Act to enter into
transactions such as those contemplated by the Borrower in connection with the financing of the
development, and to fully perform the obligations of the Authority to be undertaken in
connection with the financing of the Development in order to assist in alleviating the shortage of
housing and of capital to finance the construction of affordable housing in St. Lucie County,
Florida (the "County") and the State of Florida (the "State").
B. Based upon the preliminary information made available to the Authority
and subject to further review and analysis, the Development will constitute a "qualifying housing
development" within the meaning of the Act and the issuance of Bonds for the purpose of
making funds available to the Borrower for the purpose of financing the Development will assist
in alleviating the shortage of rental housing for eligible persons and families of low, moderate, or
middle income, will assist in alleviating the shortage of capital available for investment in such
rental housing, and increase the health, safety, morals, welfare and tax -base of the State and the
County, and will otherwise accomplish the intent and purposes of the Act.
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C. The Borrower has requested that the Authority issue Bonds in one or more
series, in an aggregate principal amount not exceeding $5,000,000 to finance the Development.
The Bonds shall be paid solely from the repayment of a loan of the bond proceeds by the
Authority to the Borrower and the Bonds shall, unless waived by subsequent proceedings of the
Authority, be secured by credit enhancement acceptable to the Authority.
D. The capital expenditures to be reimbursed, pursuant to this Resolution if
the Bonds are issued, will meet the requirements of the Code insofar as having been incurred
within sixty (60) days prior to the date hereof or will be incurred after the date hereof in
connection with the Development.
E. The Authority reasonably expects to reimburse the capital expenditures
incurred or to be incurred by Borrower with a portion of the proceeds of the Bonds that are
issued as tax exempt obligations of the Authority subsequent to the date hereof and no funds
from sources other than the "reimbursement bond issue" (as such term has the meaning assigned
to it under the Regulations) portion of such Bonds are, or are reasonably expected to be, reserved,
allocated on a long term basis, or otherwise set aside by the Authority pursuant to the Authority's
policy to pay for such capital expenditures.
F. The Authority will, upon receipt of the proceeds of the Bonds that are
issued as tax exempt obligations (or within thirty (30) days thereof), allocate in writing the
amount of proceeds of such Bonds used to reimburse the prior capital expenditures incurred by
the Borrower in connection with the Development (herein the "Prior Expenditures"). Such
allocation will be accomplished within the latter of eighteen (18) months from the earliest date
such Prior Expenditures were incurred or the date the Development is placed in service (but in no
event later than three (3) years after the first Prior Expenditure was made).
Page 4 of 11
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SECTION 5. DETERMINATION. If, upon further investigation of the Borrower and
their proposal, the Authority is able to find:
rr A. That the Authority is not obligated to pay the Bonds except from the
proceeds derived from the repayment of a loan to the Borrower and that neither the faith and
credit nor the taxing power of the Authority, the County or of the State or any political
subdivision thereof is pledged to the payment of the principal of or the interest or premium, if
any, on the Bonds;
B. That the Authority and the Borrower will, prior to the issuance of the
Bonds, execute the documentation in a form and substance acceptable to the Authority, required
for the financing of the Development as contemplated hereby;
C. That adequate provision will be made in the documents for the operation,
repair and maintenance of the Development at the expense of the Borrower and for the payment
of the principal of, premium, if any, and interest on the Bonds and reserves, if any, therefor;
D. That the Development constitutes a "qualifying housing development"
within the meaning of the Act;
E. That the proposal of the Borrower will otherwise comply with all of the
provisions of the Act;
F. That unless waived by the Authority, the Bonds will be secured by credit
enhancement acceptable to the Authority and the Borrower will obtain a rating on the Bonds
acceptable to the Authority from rating agencies approved by the Authority;
G. That it is in the best interest of the Authority to provide financing for the
Development based upon such factors as the Authority shall deem relevant, including, without
Page 5 of 11
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limitation, competing requests for financing, the availability of private activity bond volume cap
allocation, the findings and recommendations provided in a credit underwriting report prepared
b'y a consultant selected by the Authority with respect to . the Development (the "Credit
Underwriting Report") and that the Borrower and the financing of the Development meet all of
the prerequisites established by the Authority for the financing of the Development and the
issuance of the Bonds, including without limitation, the conditions set forth in the Credit
Underwriting Report;
then the Authority shall, and by passage of this Resolution hereby expresses its intention to use
its reasonable best efforts to authorize the issuance and sale of the Bonds, to finance the
Development in accordance with the provisions and authority of the Act and this Resolution. The
interest on the Bonds may be taxable or tax exempt and the principal amount, terms of maturity,
interest rate and other details of the Bonds will be determined by the Borrower and the Authority
and subsequently adopted by resolution of the Authority.
SECTION 6. AUTHORIZATION TO EXECUTE. The Chairman and the Secretary
of the Authority are authorized in the name and on behalf of the Authority pursuant to this
Resolution to execute and deliver a Memorandum of Agreement (the "Memorandum of
Agreement") of even date herewith between the Borrower and the Authority in substantially the
form attached to this Resolution as Exhibit "A," with such changes as the officers signing such
Memorandum of Agreement may approve, as evidenced by their execution thereof. Except to
the extent full Authority action is required, the Chairman and the Secretary of the Authority are
further authorized to take such further action and execute such further instruments as may be
necessary to fully effectuate the purpose and intention of the Memorandum of Agreement and
this Resolution.
Page 6 of 11
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SECTION 7. CONDITIONS PRECEDENT. This Resolution is not intended to be a
binding commitment. The agreement of the Authority to issue the Bonds pursuant to this
R'9,esolution and the Memorandum of Agreement is conditioned upon the following:
(a) The information contained in the application of the Borrower filed with
the Authority shall not change in any material respect. Any such material change should be
brought to the attention of the Authority immediately in writing for further consideration by the
Authority and its Counsel and by Bond Counsel to the Authority.
(b) A public hearing shall have been conducted as required by Section 147(f)
of the Internal Revenue Code of 1986 as amended, upon payment of the Authority's required
fees.
(c) Upon issuance and delivery of the Bonds, there shall be delivered to the
Authority an opinion of Bond Counsel to the effect that the Bonds are valid and binding
obligations of the Authority and the interest of the Bonds (other than taxable bonds) is excluded,
to the extent applicable, from gross income for federal income tax purposes.
(d) There has been received prior to the issuance of the Bonds from the
Division of Bond Finance of the State Board of Administration (the "Division"), a private
activity bond allocation equal to the principal amount of Bonds so issued (other than taxable
bonds). The Authority makes no representation or guarantees regarding the availability of
private activity bond allocation at the time the Developer is ready to proceed with the issuance of
the Bonds.
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(e) The terms and payment of the Bonds, the security for repayment and the
methodology for the sale and transfer of such Bonds shall be in conformity with the policies of
the Authority and the Credit Underwriters Report.
(f) The Bonds shall be issued and delivered no later than fifteen (15) days
prior to the stated expiration date of the allocation from the Division, unless such date as is
extended by subsequent proceedings of the Authority.
(g) The sale of the Bonds has been approved by the Board of County
Commissioners for St. Lucie County (the "County") as required under Ordinance No. 80-3 of the
County, as supplemented, and Section 147(f) of the Code.
SECTION 8. EXPRESSION OF INTENT. This Resolution constitutes a declaration
of the official intent of the Authority within the contemplation of Section 1.150-2 of the Income
Tax Regulations promulgated by the .Department of the Treasury to pen -nit the Borrower to use
proceeds of the Bonds that are issued as tax exempt obligations to reimburse itself for certain
acquisition, construction, planning, design, legal or other costs and expenses originally paid by
the Borrower in connection with the Development with funds other than proceeds of the Bonds
prior to the issuance of the Bonds (the "Advanced Funds").
All of the expenditures initially to be made with the Advanced Funds that will be
reimbursed by the Borrower from proceeds of the Bonds that are issued as tax exempt
obligations, will be for costs that (i) properly chargeable to the capital account of the
Development under general income tax principles, (ii) constitute non -recurring working capital
expenditures (of a type not customarily payable from current revenues), or (iii) costs of issuing
the Bonds. Other than any preliminary expenditures for architectural, engineering, surveying,
soil testing, costs of issuing the Bonds or similar purposes that may have been paid more than
Page 8 of l l
sixty (60) days prior to the date of this Resolution, no expenditures to be reimbursed have been
paid more than sixty days earlier than the date of this Resolution.
rf
The expression of official intent set forth herein is made in reliance upon a representation
of the Borrower that it reasonably expects to pay or incur expenses in connection with the
Development prior to the issuance of the Bonds and to reimburse themselves for those expenses
from the proceeds of the Bonds that are issued as tax exempt obligations.
SECTION 9. AUTHORIZATION OF PUBLIC HEARING. The County Attorney is
hereby authorized on behalf of the Authority to publish notice of and conduct a public hearing
with respect to the issuance of the Bonds to finance the Development in accordance with the
requirements of Section 147(f) of the Internal Revenue Codes of 1986, as amended. The County
Attorney and Bond Counsel for the Authority are authorized to file such requests with the
Division to seek an allocation of private activity bonds for the Development.
SECTION 10. TERM OF RESOLUTION. This Resolution shall be effective from the
date hereof through December 31, 2004, at the end of which time, the Authority shall review the
status of the financing structure of the proposed Development. The securing by the Borrower of
an acceptable firm commitment from an acceptable third party credit enhancer (unless waived by
the Authority), shall not in and of itself obligate the Authority to extend this Resolution, but shall
be one of the factors considered by the Authority in determining whether or not to extend this
Resolution. There shall be no limitation on the number, length of time or other terms of
extensions granted by the Authority.
SECTION 11. OTHER DEVELOPMENT. Sandspur Housing Partners, Ltd., the
developer for the Development (the "Developer"), has submitted a separate application to the
Authority on behalf of RiverView Club Partners, Ltd., a Florida limited partnership (the "Other
Page 9 of 11
Borrower"), for $6,200,000 in bond financing from the Authority (the "Other Bonds") for the
acquisition, construction and equipping of a 120-unit multifamily housing facility to be located
adjacent to the Development (the "Other Development"), which Other Bonds and Other
Development are the subject of separate resolutions of the Authority being adopted this day. In
the event that a private activity bond allocation is obtained for the Other Bonds and the Authority
can close on the issuance and sale of the Bonds and the Other Bonds simultaneously, the Bonds
and the Other Bonds may be combined into a single issue, in an aggregate principal amount of
not exceeding $11,200,000, this Resolution shall be deemed to be an official intent to issue not to
exceed $11,200,000 in bonds within the contemplation of Section 1.150-2 of the Income Tax
Regulations, and all references in this Resolution or the Memorandum of Agreement to the
Bonds, the Development and the Borrower shall be deemed to include the aggregate of the
Bonds and the Other Bonds, the Development and the Other Development and the Borrower, the
Other Borrower or a successor to the Borrower and the Other Borrower that are controlled by the
Developer. The Borrower and the Other Borrower shall be responsible for any additional costs
incurred by the Authority in combining the Bonds and the Other Bonds.
Page 10 of 11
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SECTION 12. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED this 24th day of March; 2004.
ATTEST:
Secretary
ST. LUCIE COUNTY HOUSING FINANCE
AUTHORITY
By: 6;;
Chairman
Page 11 of 11
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EXHIBIT "A"
MEMORANDUM OF AGREEMENT
rr
This is a Memorandum of Agreement dated as of the 241h day of March, 2004, between
the St. Lucie County Housing Finance Authority, a public body corporate and politic under the
laws of the State of Florida (the "Authority"), and RiverView Club Partners II, Ltd., a Florida
limited partnership (together with its permitted successors or assigns, the `Borrower")
WHEREAS, the Authority is authorized and empowered by the provisions of the
Constitution and laws of the State of Florida to issue bonds for the purposes of providing funds
to finance the acquisition, construction and equipping of "qualifying housing developments" as
defined in the Florida Housing Finance Authority Law, as amended (the "Act"), Florida Statutes,
Chapter 159, Part IV, and to loan the proceeds from the sale of such bonds to others to finance
the acquisition, construction and equipping of such qualifying housing developments; and
WHEREAS, the Borrower desires to finance the acquisition, construction and equipping
of a 96-unit multifamily rental housing facility known as Riverview Club Apartments — Phase II,
located in St. Lucie County, Florida, within the city limits of Ft. Pierce, Florida, at 2300 North
U.S. 1, on a site bordered on the west by U.S. 1 and the east by Old Dixie Highway, to be rented
by eligible persons and families of middle, low, moderate or middle income (collectively, the
"Development"); and
WHEREAS, the Borrower has requested that the Authority issue its multifamily housing
revenue bonds in an aggregate principal amount of not to exceed $5,000,000 (the "Bonds") and
to loan the proceeds thereof to the Borrower to finance the acquisition, construction, and
equipping of the Development; and
Page Al ofAl1
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WHEREAS, Authority has preliminarily determined that the Development constitutes a
qualifying housing development within the meaning of the Act; and
Ir WHEREAS, based upon preliminary information made available to it and subject to
further review and analysis, the Authority believes that the Development will assist in alleviating
the shortage of rental housing for eligible persons and families of low, moderate, or middle
income and will assist in alleviating the shortage of capital available for investment in such
rental housing, and thereby increase the health, safety, morals, welfare, and tax base of the State
and in St. Lucie County (the "County"); and
WHEREAS, the Borrower desires the Authority to continue is review and analysis of the
Borrower's request to provide financing for the Development; and
WHEREAS, the Authority, by its adoption of its resolution (the "Reimbursement
Resolution"), has indicated its preliminary willingness to proceed with its consideration of the
Borrower's request for such financing; and
WHEREAS, the Authority wishes to enter into certain agreements with the Borrower
with respect to its consideration of the Borrower's request to provide financing for the
Development and its efforts with respect to the issuance of the Bonds and the financing of the
Development.
NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as
follows:
1. The Authority agrees:
(a) That, if the Authority makes the determination described in
Section 5 of the Reimbursement Resolution and the Borrower meets all prerequisites for
Page A2 of Al I
the issuance of the Bonds established by the Authority, it will make all reasonable efforts
to authorize the issuance and sale of the Bonds pursuant to the terms of the Constitution
1� of the State, the Act, and the Reimbursement Resolution, applicable provisions of the
Internal Revenue Code of 1986, as amended (the "Code"), and this Memorandum of
Agreement; and
(b) That, if the Bonds are issued, it will (but only to the extent of the
net proceeds received from the sale of the Bonds) make a loan to the Borrower to finance
the Development, with installment payments due under a loan or financing agreement
between the Authority and the Borrower to be at least sufficient to pay the principal of,
interest on and redemption premiums, if any, with respect to the Bonds as and when the
saine shall become due and payable, together with all other costs and expenses connected
with such financing; and
(c) That, in the event the Authority acquires an interest in or a
mortgage on the Development, it will convey or release any such interest it retains in the
Development to the Borrower upon the retirement of the outstanding Bonds, and the
payment by the Borrower of all other costs connected with such financing.
2. The Borrower agrees:
(a) That the Borrower will use all reasonable efforts to find one or
more purchasers for the Bonds; and
(b) That the Borrower will enter into a loan or financing agreement
with the Authority, under the terms of which the Borrower will be obligated to pay to the
Authority sums sufficient to pay the principal of, interest on and redemption premiums, if
Page A3 of Al
any, with respect to the Bonds when the same shall become due and payable, to operate,
maintain and repair the Development at its own expense, to report or cause to be reported
If annually to the Authority the annual bond indebtedness outstanding and any other
information necessary to comply with Florida Statutes, Section 218.32, and to pay all
costs and expenses incurred by the Authority in connection with the financing of the
Development, except as may be paid out of Bond proceeds or otherwise; and
(c) That all risk of loss to the Development will be borne by the
Borrower.
3. All commitments of the Authority under Paragraph 1 hereof and of the Borrower
under Paragraph 2 hereof are subject to the mutual agreement of the Authority and the Borrower
as to the terms and conditions of the above- referenced loan or financing agreement and of the
Bonds and the other instruments and proceedings relating to the Bonds, and to the sale of the
Bonds pursuant to such terms and conditions. It is the intent of the parties hereto that the Bonds
shall be prepared in such form and shall be issued, underwritten and sold and the proceeds
thereof used, all as may be mutually agreed upon by the parties in accordance with the
requirements and provisions of the Constitution of the State and the Act.
4. The Borrower and the Authority further agree as follows:
(a) If the Borrower advances funds with respect to the acquisition,
construction, equipping or financing of the Development, it shall be entitled to
reimbursement for such expenses from, and only to the extent of, the net proceeds
received from the sale of the Bonds in accordance with subparagraph (b) below.
Page A4 of Al 1
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(b) To the extent of the net proceeds derived from the sale of the
Bonds, and only from such proceeds, and in accordance with the provisions of the Act
and the Code, the Borrower will be entitled to reimbursement for all costs and expenses,
direct or indirect, incurred by the Borrower after the date sixty (60) days prior to the date
of adoption of the Reimbursement Resolutions. All such costs shall be reimbursed to the
Borrower in accordance with the terms of the Act and the Code.
(c) If the net proceeds derived from the sale of the Bonds shall be less
than the cost of the Development, the Borrower agrees to complete the Development at
the Borrower's expense. The Authority does not make any warranty, either expressed or
implied, that the Bonds will be issued or that the funds derived from the sale of the Bonds,
if issued, will be sufficient to pay all of the costs incurred in connection with the
acquisition, construction and equipping of the Development or that any additional bonds
will be issued or may be sold. The Borrower recognizes that the Borrower shall not be
entitled to reimbursement from the Authority for costs incurred by it in completing the
acquisition, construction and equipping of the Development, except to the extent of
moneys otherwise available from the sale of the Bonds, and agree that the Borrower shall
not be entitled to any abatement or diminution of the loan installments payable under the
loan or financing agreement to be entered into between the Borrower and the Authority
upon the delivery of the Bonds because of such unreimbursed costs.
(d) The Borrower acknowledges and agrees that, prior to or
simultaneously with the issuance and delivery of the Bonds, it will enter into a regulatory
or land use restriction agreement with respect to the Development and a continuing
Page A5 of Al
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disclosure agreement with respect to the Bonds, each in form and substance acceptable to
the Authority and its counsel.
5. The issuance of the Bonds by the Authority shall be subject to the Authority's
filing for an allocation of a Private Activity Bond Allocation with the Division of Bond Finance
of the State Board of Administration of the State of Florida (the "Division") in an amount to be
subsequently determined by the Authority and at the sole discretion of the Authority and upon
receipt of an allocation from the Division. The Borrower shall close on the issuance of the
Bonds within one hundred fifty-five (155) days of receipt such allocation unless the Authority
shall, within its sole discretion, extend the term of this Memorandum of Agreement. THE
AUTHORITY DOES NOT ENTER INTO "ESCROWED CLOSINGS." The Authority makes
no representation as to the amount of allocation available from the Division.
6. The ability of the Authority to move forward on any aspect of the transactions
contemplated hereby or pursuant. to the Reimbursement Resolution, shall be subject to the
approval by the Board of County Commissioners of St. Lucie County, Florida (the "County
Commission") of the issuance of the Bonds to finance the Development in accordance with
Section 147(f) of the Code and within the meaning of the Authority's enabling Ordinance.
7. The Borrower agrees to indemnify, defend and hold harmless the Authority, its
members and its agents against any and all liability, loss, costs (including credit underwriting and
market study), cost overruns, expenses, charges, claims, damages and attorney's fees of whatever
kind or nature, which the Authority, its members or its agents may incur or sustain by reason or
in consequence of the relationship existing between the Authority and the Borrower with respect
to the execution and delivery of this Memorandum of Agreement, the consideration of the
Borrower's request to issue the Bonds to finance the Development, the issuance and sale of the
Page A6 of Al 1
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Bonds or the acquisition, construction and equipping of the Development. The Borrower hereby
releases the Authority, the members and officers of the Authority, and the agents, attorneys and
employees of the Authority from any liability, loss, cost, expenses, charges, claims, damages and
reasonable attorneys fees of whatever kind or nature which may result from the failure of the
Authority to issue the Bonds regardless of the reason therefor.
8. All commitments of the Authority pursuant to this Memorandum of Agreement
are subject to the condition that on or before fifteen (15) days prior to the stated expiration of an
allocation from the Division, but not later than one hundred forty (140) days from the receipt of
such allocation, the Authority and the Borrower shall have agreed to mutually acceptable terms
of the Bonds and the sale and delivery thereof, and mutually acceptable terms and conditions for
the agreements referred to in Paragraphs 2 and 3 hereof
9. If the events set forth in Paragraph 8 do not take place within the time set forth or
within any extension thereof, the Borrower agrees that it will reimburse for all fees and out-of-
pocket expenses which the Authority, and the Authority's counsel and Bond Counsel and
Financial Advisor may have incurred in connection with the execution of this Memorandum of
Agreement or anything related thereto or in connection with the request of the Borrower to issue
the Bonds and the performance by the Authority or its professional staff described herein of their
obligations described hereunder; and upon such reimbursement this Memorandum of Agreement
shall thereupon terminate. The Borrower further agrees that if the events in Paragraph 8 do not
take place within the term set forth or any extension thereof (which may, subject to applicable
law, be granted by the Authority in its sole discretion), the Authority has the right to use the
allocation received for the Development, if any, for another development.
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10. The Borrower agrees to deliver to the Authority, simultaneously with the approval
of the Development by the Authority, a good faith deposit payable to the Authority in the amount
of $25,000.00. This good faith deposit will be held by the Authority until either (i) the Bonds are
issued, (ii) the time set forth in Paragraph 9 has run, or (iii) there has been an abandonment prior
to the issuance of the Bonds by the Borrower of the acquisition and construction of the
Development. If the financing of the Development as contemplated hereunder is completed as
provided in clause (i) above, the Borrower shall have the option of having the good faith deposit
returned in whole or applied against its costs at the time of closing. If any of the events in
clauses (ii) or (iii) above shall occur, the Authority shall be entitled to the deposit hereunder to
the extent necessary to pay the expenses incurred by the Authority's Counsel, Bond Counsel and
Financial Advisor related to this financing and the amount of the good faith deposit so applied
shall be credited against the Borrower's obligation to pay such amounts.
11. The Development and the Bonds shall also be subject to subsequent review and
approval by the County Commission, as required and no assurance can be given by the Authority
as to the outcome of such review and conditions. Further, no assurance can be given by the
Authority as to the result of any action or inaction by a governmental agency, whether local, state,
or federal, nor as to the result of any judicial action, which may affect in any way the bond issue
or the Development; and the Authority shall not be responsible nor held liable for any costs or
damages incurred by any party as a result thereof.
12. If for any reason the Authority shall fail to deliver the Bonds within the time limit
set forth in Paragraph 8, if the Authority sooner abandons its efforts to issue the Bonds at its
discretion, or if the Borrower shall terminate this Memorandum of Agreement by written notice
to the Authority, this Memorandum of Agreement shall terminate. Nothing contained herein,
Page A8 of Al I
however, shall release the Borrower from its obligations to indemnify the Authority in
accordance with the terms of this Memorandum of Agreement.
�13. This Memorandum of Agreement may be supplemented and amended from time
to time by written agreement signed by both parties, and shall be superseded by the loan
agreement to be executed by the Authority and the Borrower, upon the execution thereof, to the
extent the terms thereof conflict with the terms contained herein.
14. Notwithstanding any other provision of this Memorandum of Agreement, as a
matter of general assurance by the Borrower to the Authority, the Borrower hereby covenants
and agrees that it will pay the fees of the Authority, and that it will indemnify the Authority for
all reasonable expenses, costs and obligations incurred by the Authority, including but not
limited to printing costs, rating agency fees, the fees and expenses of the Authority's Counsel,
Bond Counsel and Financial Advisor under the provisions of this Memorandum of Agreement to
the end that the Authority will not suffer any out -of- pocket losses as a result of the carrying out
of any of its undertakings herein contained. The only obligation the Authority shall have in
connection with this Memorandum of Agreement shall be the payment of the Bonds, if and when
issued, but such payment shall be limited solely to the revenues derived from the financing, sale,
operation or leasing of the Development, and nothing contained in this Memorandum of
Agreement shall ever be construed to constitute a personal or pecuniary liability or charge
against the Authority or any member or officer or employee of the Authority, and in the event of
a breach of any undertaking on the part of the Authority contained in this Memorandum of
Agreement, no personal or pecuniary liability or charge payable directly or indirectly from the
general funds of the Authority shall arise therefrom.
Page A9 of Al I
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15. If the Bonds to be issued hereunder are to be underwritten by a public offering,
they shall be underwritten by investment banking firms selected and approved by the Authority.
1r
16. The Borrower agrees to pay to the Authority the Authority fees as outlined in the
Applications Procedures and Program Guidelines (the "Guidelines") which have been adopted
by the Authority.
17. The Borrower acknowledges and agrees to the terms of the Inducement
Resolution adopted by the Authority of even date herewith and the Guidelines, which Guidelines
are incorporated in this Memorandum of Agreement by reference as if they were repeated
verbatim herein. In the event of any inconsistency between this Memorandum of Agreement and
such Guidelines, the Guidelines shall prevail.
[The Rest of this Page Intentionally Left Blank]
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18. Nothing herein shall be deemed to require that the Authority agree to submit itself
to the jurisdiction of the courts of any state other than the State of Florida.
r, IN WITNESS WHEREOF, the parties hereto have set their hands and seal as of the day
and year first above written.
ATTEST:
Secretary
Tampa/30339.2
35488.00001
3/23/04
ST. LUCIE COUNTY HOUSING FINANCE
AUTHORITY
Chairman
RIVERVIEW CLUB PARTNERS II, LTD., a
Florida limited partnership
By: CED Capital Holdings 2004 BB, L.L.C., a
Florida limited liability company, its
general partner
Page All of All
Name:
Title:
r5
Exhibit C
MINUTES OF PUBLIC HEARING
The Chairman of St. Lucie County Housing Finance Authority (the "Authority") convened the
public hearing on the proposed issuance by St. Lucie County Housing Finance Authority of its (i) not to
exceed $6,200,000 aggregate principal amount Multi -family Mortgage Revenue Bonds Series 2004A
(RiverView Club Apartments) and (ii) not to exceed $5,000,000 aggregate principal amount of Multi-
family Mortgage Revenue bonds Series 2004B (RiverView Club Apartments Phase II) (collectively, the
"Bonds") on May 14, 2004 at 4:00 p.m., in the County Commission Chambers in the Roger Poitras
Administration Annex. A copy of the proof of publication of the notice of public hearing is attached.
Legal counsel to the Authority described the Bonds as follows:
The Series 2004A Bonds are proposed to be issued to finance the acquisition, construction and
equipping of RiverView Club Apartments, a 120-unit multifamily residential rental development to be
located at 2300 North U.S. 1, within the city limits of Fort Pierce, St. Lucie County, Florida.
The Series 2004B Bonds are proposed to be issued to finance the acquisition, construction and
equipping of phase II of the RiverView Club Apartments, which will consist of a 96-unit multifamily
residential rental development to be located on the same site as the project described for phase I at 2300
North U.S. 1 within the city limits of Fort Pierce, St. Lucie County, Florida.
As noted in the applications for these projects, the two projects are proposed to be developed by
two different legal entities, Riverview Club Partners, Ltd. and Riverview Club Partners II, Ltd.,
respectively (although both entities are related to and controlled by Sandspur Housing Partners, Ltd.). If
approved for issuance, the projects may be combined into a single development of 216 units to be owned
by Riverview Club Partners, Ltd., or another controlled affiliate of Sandspur Housing Partners, Ltd. All
of this information is set forth in the Notice of Public Hearing.
This public hearing is being conducted pursuant to the requirements of the federal Tax Equity and
Fiscal Responsibility Act of 1982, as amended by the Tax Reform Act of 1986, collectively referred to for
purposes of this hearing as "TEFRA" and embodied in Section 147(f) of the U.S. Internal Revenue Code
of 1986, as amended (the "Code"). TEFRA requires that in order for the interest on private activity
bonds, including multi -family mortgage revenue bonds, to be exempt from federal income tax, such
bonds and the projects which they will finance must be approved by either a voter referendum or by an
applicable elected representative of the governmental unit having jurisdiction over the area in which such
project is to be located after a public hearing following reasonable public notice.
A transcript of the testimony given at this hearing will be provided to the Board of County
Commissioners of St. Lucie County at a regular meeting of the Board, at which time the Board will be
asked to adopt a resolution, among other things, approving the Series 2004A Bonds and the Series 2004B
Bonds for purposes of Section 147(f) of the Code. It should be noted that the proceedings of this public
hearing are being recorded and will be maintained as a permanent record.
The Notice of Public Hearing was published in the Fort Pierce Tribune, a newspaper of general
circulation within St. Lucie County, on April 29, 2004, advising that the Authority would hold a public
hearing on May 14, 2004 at 4:00 p.m., in the County Commission Chambers in the Roger Poitras
n
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Administration Annex, on the proposed issuance of the Series 2004A and Series 2004B Bonds. A copy
of such Notice is submitted as part of the record of this public hearing
The Chairman declared the public hearing open and testimony will now be heard by anyone
desirjng to speak on the proposed project and the issuance of the Bonds.
A representative of Riverview Club identified himself for the record and made himself available
to respond to any questions.
No member of the public appeared to speak or file written testimony.
The public hearing was closed at 4:40 p.m. on May 14, 2004.
Tampa/32092.2
35488.00002
6/1/04
**W. *40
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 04-798
DATE: June 1, 2004
SUBJECT: Resolution No. 04-165 - Approving the Issuance by the St. Lucie County Housing
Finance Authority of Not To Exceed $11,200,000 Multifamily Housing Mortgage
Revenue Bonds for Riverview Club Partners, Ltd. and Riverview Club Partners
II, Ltd.
BACKGROUND:
The St. Lucie County Housing Finance Authority has received an application from
Riverview Club Partners, Ltd, and Riverview Club Partners II, Ltd. for the issuance of not to
exceed $11,200,000 multifamily housing mortgage revenue bonds to provide a portion of the
financing for the proposed Riverview Club Apartments and Riverview Club II Apartments.
The proposed project is located within the City of Fort Pierce at 2300 North U.S. 1. The
project will contain a total of 216 units to be rented to persons and families of low and
moderate income. The proposed project is permitted under the existing zoning on the site.
Copies of the application are available for review in the County Attorney's Office.
On March 25, 2004, the Housing Finance Authority adopted Resolution Nos. 04-01
and 04-02 declaring its official intent to finance Phase I and Phase II of the project as proposed
by the developer. On May 14, 2004, the Housing Finance Authority held a duly advertised
public hearing to discuss the Authority's proposed issuance of the bonds and to provide
interested members of the public an opportunity to express their view, both orally and in
writing, on the proposed issuance of the bonds. No public comments have been received on
the proposed bonds to date.
Attached to this memorandum is a copy of proposed Resolution No. 04-165. The
resolution provides for the Board to approve the issuance of the bonds by the Authority
pursuant to Section 147(f) of the Internal Revenue Code.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board of County Commissioners adopt proposed Resolution
No. 04-165, as drafted.
1
1%0�*
M
Attachment
HY/
Copies to: County Administrator
Finance Director
Deputy Clerk
Press/Public
Respectfully submitted,
Heather Young
Assistant County Attorney
0
01
M
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): County Attorney
ITEM NO.�L
DATE: June 8, 2004
REGULAR[ ]
PUBLIC HEARING [ ]
CONSENT [XX]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
SUBJECT: South 25th Street Roadway Widening
Midway Road to Edwards Road - Temporary Construction Easement
William R. Shanaver - Tax I.D. No. 2429-441-0005-000/3 - Parcels 718/719
Resolution No. 04-153
BACKGROUND: Please see an attached memorandum
FUNDS AVAILABLE: N/A
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.
March 2, 2004 - Board of County Commissioners approved the Purchase Agreement executed by William R.
Shanaver for a Temporary Construction Easement.
RECOMMENDATION:
Staff recommends that the Board accept the Temporary Construction Easement, authorize the Chairman to
sign Resolution No. 04-153 and direct staff to record the documents in the Public Records of St. Lucie County,
Florida.
COMMISSION ACTION:
X APPROVED [ ] DENIED
[ ] OTHER: Approved 5-0
Do la ' Anderson
County Administrator
Review and Approvals
[XX] County Attorney:/ (XX] Public Works Director: [XX] County Engineer:
[XX] Originating Dept.: [ ] Road d Bridge: [ ] OMB:
G:\ACQ\WP\JoAnn\25th Street\Shanaver\Agenda Request Accept Temporary Construction Easement.wpd
0
M
EC
-G INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel 5. McIntyre, County Attorney
DATE: June 8, 2004
SUBJECT: South 251h Street Roadway Widening
Midway Road to Edwards Road - Temporary Construction Easement
William R. Shanaver - Tax I.D. No. 2429-441-0005-000/3 - Parcels 718/719
Resolution No. 04-153
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, Permanent Easements,
and Temporary Construction Easements for the South 25th Street Roadway Widening project in accordance
with the Department's right-of-way acquisition procedures.
On March 2, 2004, the Board of County Commissioners approved the Purchase Agreement for a Temporary
Construction Easement on Parcels 718/719. Attached for your review and acceptance you will find the
Temporary Construction Easement executed by William R. Shanaver.
RECOMMENDATION:
Staff recommends that the Board accept the Temporary Construction Easement, authorize the Chairman to
sign Resolution No. 04-153 and direct staff to record the documents in the Public Records of St. Lucie County,
Florida.
Respectyully submitted,
Daniel S. McInty
County Attorney
G:\ACQ\WP\JoAnn\25th Street\Shanaver\Agenda Memo Accept Temporary Construction Easement.wpd
cm
Florida, that:
RESOLUTION NO. 04-153
A RESOLUTION ACCEPTING A
TEMPORARY CONSTRUCTION EASEMENT FOR
SOUTH 25T" STREET
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on
behalf of St. Lucie County this 81h day of JUNE, 2004.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
G:\ACQ\WP\JoAnn\25th Street\Shanaver\Resolution No. 04-153.wpd
n
En
This instrument prepared by:
JoAnn Riley under direction of
Daniel 5. McIntyre, County Attorney
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
PROJECT: South 251h Street
FROM: William R. Shanaver
PARCEL NO.: 718/719
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT, made this POtXday of r1 2004, by WILLIAM R.
SHANAVER, whose address is 3695 South 25th Street, Fort Pierce, Florida 34981, hereinafter
referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida,
whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred toes
GRANTEE.
WITNESSETH
That the grantor, for and in consideration of One ($1.00) Dollar and other good and valuable
consideration do(es) hereby give, grant, bargain and release to grantee, its agents, assigns, contractors
and sub -contractors, a temporary construction easement to enter upon that portion of certain lands
owned by the grantor being described as follows:
SEE ATTACHED EXHIBIT "A"
for the purpose of tying in and harmonizing said property, thereon with construction of roadway and
appurtenant facilities within existing right-of-way.
This Easement is granted upon the condition that the sloping and/or grading upon the above land
shall not extend beyond the limits outlined above and that all grading or sloping conform to all existing
structural improvements within the limits designated, and all work will be performed in such a manner
that existing structural improvements will not be damaged and the Grantee shall not interfere with or
obstruct Grantors ingress and egress to Grantor's property.
This Easement shall expire upon the completion of the construction of the above referenced
road construction project.
om
IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals
this 2-3,rJO day of APtj , 2004.
Signed, sealed, and delivered in our presence
as witnesses:
-3
-i Ua2
WITNESS
61L)AA) " 1tA S4 -1
(Print Name)
WTNZ55
:1Ayle+ �t�Q(1S1
(Print Name)
STATE OF FLORIDA
COUNTY OF ST. LUCIE
9
WILLIAM R. SHANAVER
Th foregoing instrument was acknowledged before me this �?-3 r t!C day of
Of i L 2004, by WILLIAM R. SHANAVER who is personally known to me or who has
produced a Drivers License issued within the last five years as identification.
(NOTARY PUBLIC)
SEAL
Brian E. Mekorski
MYCOMMISSION# DD087829 EXPIRES
February 9, 2006
ii BONDED THRU TROY FAIN INSURANCE INC
Notary Public
1, R.,►,A+j iN►4kAA Sk-(
(Print, Type or Stamp Name of Notary
Commission No:
My Commission Expires:
6:\ACQ\WP\JoAnn\25th 5treet\5hanaver\Temporary Construction Easement.wpd
EXHIBIT "A" 1 of 6
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 718
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE
0 PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29;
THENCE SOUTH 87027'59" WEST ALONG THE SOUTH LINE OF SAID
SECTION 29, A DISTANCE OF 40.13 FEET TO THE INTERSECTION
THEREOF WITH THE EXISTING WEST RIGHT OF WAY LINE FOR STATE
ROAD 615 (SOUTH 25th. STREET); BEARINGS ARE BASED ON SAID
SOUTH LINE OF SECTION 29 AND ALL OTHER BEARINGS SHOWN
HEREON ARE RELATIVE THERETO; THENCE NORTH 00004'20" WEST
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 41.39
FEET; THENCE NORTH 02004'14" WEST, A DISTANCE OF 414.86
FEET; THENCE NORTH 00013'19" WEST, A DISTANCE OF 148.54
FEET TO A POINT ON THE SOUTH LINE OF A PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORD BOOK 923, PAGE 2413;
ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS. SAID POINT ALSO
BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED
TEMPORARY CONSTRUCTION EASEMENT 718.
THENCE CONTINUE NORTH 00013'19" WEST ALONG SAID WEST RIGHT
OF WAY LINE, A DISTANCE OF 52.30 FEET; THENCE
SOUTH 89019'46" WEST, DEPARTING SAID WEST RIGHT OF WAY LINE
A DISTANCE OF 24.51 FEET; THENCE SOUTH 00013'19" EAST, A
DISTANCE OF 50.63 FEET TO A POINT ON SAID SOUTH LINE OF
OFFICIAL RECORD BOOK 923, PAGE 2413; THENCE
SOUTH 86046'38" EAST ALONG SAID SOUTH LINE, A DISTANCE OF
24.55 FEET TO THE PIONT OF BEGINNING.
CONTAINING A TOTAL OF 1,261 SQUARE FEET MORE OR LESS.
G. MAR IN BURDETTE
FLORIDA SURVEYOR AND MAPPER •4136
DATE lre`j.01D1004
i
FEB. 2004 - REVISED BEARING BURDETTE & ASSOCIATES, I N C
✓AN. 2004 - REVISED BOUNDARY Of TC£ 718
LEGAL DESCRIPTION AND SKETCH - T. C.E. 718
PREPARED FOR, -ST. LUCIE COUNTY, FLORIDA
OFFICE, ICHEC9[D, SCALE.
BURDETTE & ASSOCIATES, INC. E. C. G. M. B. NOT TO SCALE
2295 G ENES EA LANE FIELD BDOR, DRAWING NO.,
VERO BEACH, FLORIDA 32963 6 1 5 T C E 7 18
(772) 231-8 750 DATE. F E B R U A R Y 2003 SHEET or
a:\TCE718.DGN 02/09/04 10:52:09 AM
60 30 0 60
GRAPHIC SCALE - FEET
w
POINT OF COMMENCEMENT
S.E. CORNER SECTION 29
N=1113951=115
E= 867109.272
NOT FOUND
EXIST. WEST R/W L]NE
N 02°23'50" If-
rTl Fri
Page 2 of 6
o �
z z
` N o S.E. 1 /4 OF THE S.E. 1 /4
SECTION 29
TOWNSHIP 35 SOUTH,
Q RANGE 40 EAST
0
N
J
l.P
Becr i ng Basis:
South Line of Section 29
(S 87027'59" W)
------ 18_
EXHIBIT "A"
AV
EXIST. WEST R/W LINE
\ ADDITIONAL R/W
N00°04'20"W ORB 725, PG. 2990
41.39' 414.86"
N 02°04'14" W _ _ _ _
f SECTION LINE
S 87027'59" w ` N 00004'20 W D
I40i i9-2615. 16_1 2 1 ---
.A--
SURVEY N 00° 13' 19" W_ _ — -
P.1. STA. 1 18�58.26
— _
S R 61
-- @ OF SURVEY S.R. 6-t5
(SOUTH 25TH. STREET)
o ° -
STREET__
z
\
o
s°_25tho
A=02045'11" (LT.,
—
— — —
m
N=1113952.227
E= 867116.099
\
/
N 00013'19" W
FND. PKNL8W "LB6449"
�0'
/
EXIST. EAST R/W LINE
40'
ABBREVIATIONS / LEGEND,
BASELINE
U1
z
CENTERLINE
c�
co
EXIST. EXISTING
NOTE-
It I
—
10
FKA FORMALLY KNOWN AS
BEARINGS SHOWN HEREON ARE BASED r^
�
CD
m
FND. FOUND
ON FLORIDA STATE PLANE COORDINATE
�^
�Ti
= =
N.S.L.R.W.M.D.= NORTHERN ST. LUCIE RIVER
SYSTEM, EAST ZONE, NORTH AMERICAN -
=
(—
71
WATER MANAGEMENT DISTRICT
DATUM OF 1983/1990 READJUSTMENT.
'
I—
P.O.B. = POINT OF BEGINNING
THE SOUTH LINE OF SECTION 29,E
P.O.C. POINT OF COMMENCEMENT
TOWNSHIP 35 SOUTH, RANGE 40 EAST-
D
R/W = RIGHT OF WAY
BEARS, SOUTH 87027'59" WEST AND ALL m
<
SO. FT. SOUARE FEET
OTHER BEARINGS SHOWN HEREON ARE
F-rl
/
T.C.E. TEMPORARY CONSTRUCTION
RELATIVE THERETO.
o
l
EASEMENT
FEB. 2004 - REVISED BEAR/NU
®
SUBJECT PARCEL THIS 15 NOT A SURVEY
JAN. 2004 REVISED BOUNDARY OF TCE 718
LEGAL DESCRIPTION
AND
SKETCH - T. C.E. 718
PREPARED FOR, S T, L U C I E COUNTY, FLORIDA
OFFICE, CHECKED, SCALE,
BURDETTE & ASSOCIATES, INC. E. C. G. M. B. 1" = 60'
2295 GENESEA LANE FIELD BOOK, DRAWING NO.,
VERO BEACH, FLORIDA 32963 6 1 5 T C E 7 1 8
DATE, SHEET OF
(772) 231-8750 FEBRUARY 2003 2 3
a:\TCE718.DGN 02/09/04 10:53:54 AM
EXHIBIT "A" Page 3 of 6 �,I E CO
S= E. 1 /4 OF THE = E= 1 /4 GZ
N SECTION 29
N 0 -1
TOWNSHIP 35 SOUTH,
60 30 0 60
RANGE 40 EAST ��pRIQQ
GRAPHIC SCALE - FEET
SOUTH LINE OF
'7 I p ORB 923, PG. 2413
1
O.R.B. 923, PG. 2413
U
N S 00013'19"
E "
50.63' °°
EXIST. WEST
R/W LINE
52.30' 96.13'
N 00013'19"W
N 00013'19"W 148.43'
_Z~ ADDIT)ONAL R/N ORB 725_PG. 2985-
POINT OF
BEGINNING
DETAIL
SOUTH L If OF
2 O.R.B. 923, PG. 2413
Z ORD 923, PG. 24 13
TEMPORARY m
ORB 288, PG. 2317
" CONSTRUCTION EASEMENT = PG. 2096
1,261 S0. FT.
EXIST. WEST R/W LINE
7 1 8
EXIST. WEST
N 02°04' 14;' W
R/W LINE
414.86
1
(
N 00°13'19"W 148.54
N 00°13'19"W 148J43" N00013'19"W
96.13' 59.28'
ORBD148 P G. 2 14.87'10)
- - - - - _ - - _ 1
ADDIT)ONAL R/N 15.25'(D) ORB IT PG. 519
RB 725, PG. 2985--�-50_00' l D) j I 59. �5' (D)
D
POINT OF T
_ _
1� I
SECTION LINE BEGINNING
�00615. 16, w 1 2 4
I
5�2 5
C)_
��
SURVEY N 00013'19" W
r
— — — — — — — — — — — —
———----,— ——
oS n 6 1 5 ----
H
z
o o
((S. 25tho STREET)
- - -
-- - - - - - - - - -
- - ----------------
N-
CD
N 00'13'19" W
EXIST. R/W LINE
ABBREVIATIONS (CONTINUED)
O.R.B. = OFFICIAL RECORD BOOK
FEB, 2004 - REVISED BEARING
=
PG. PAGE
(D) AS SHOWN ON DEED TH15 15 NOT A SURVEY
✓AN. 2004 REVISED BOUNDARY OF TCE 716
LEGAL DESCRIPTION AND SKETCH - T.C.E. 718
PREPARED FOR,
S T. L U C I E
COUNTY, FLORIDA
BURDETTE & ASSOCIATES, INC.
OFFICE.
E. C.
CHECKED.
G. M. B.
SCALE. -
1' - 60'
2295 GENESEA LANE
FIELD BOOK
DRAWING NO.,
VERO BEACH, FLORIDA 32963
6 15 T C E 7 18
GATE.
F E B R UA R Y 2003
SHEET 3 OF 3
(772) 231-8750
a:\ I GE/18.DGN 02/09/04 10:54:31 AM
EXHIBIT "A" Pag ' of 6
LEGALSCRIPTION *Jo�
TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 719
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29;
THENCE SOUTH 87027'59" WEST ALONG THE SOUTH LINE OF SAID
SECTION 29, A DISTANCE OF 40.13 FEET TO THE INTERSECTION
THEREOF WITH THE EXISTING WEST RIGHT OF WAY LINE FOR STATE
ROAD 615 (SOUTH 25th. STREET); BEARINGS ARE BASED ON SAID
SOUTH LINE OF SECTION 29 AND ALL OTHER BEARINGS SHOWN
HEREON ARE RELATIVE THERETO; THENCE NORTH 00004'20" WEST
ALONG SAID WEST RIGHT OF. WAY LINE, A DISTANCE OF 41.39
FEET; THENCE NORTH 02°04'14" WEST, A DISTANCE OF 414.86
FEET; THENCE NORTH 00013'19" WEST, A DISTANCE OF 148.54
FEET TO A POINT ON. THE SOUTH LINE OF A PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORD BOOK 923, PAGE 2413;
ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS; THENCE CONTINUE
NORTH 00013'19" WEST, A DISTANCE OF 84.75 FEET TO THE
POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY
CONSTRUCTION EASEMENT 719.
THENCE CONTINUE NORTH 00°13'19" WEST ALONG SAID WEST RIGHT
OF WAY LINE, A DISTANCE OF 63.68 FEET TO A POINT
ON THE NORTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL
RECORD BOOK 923, PAGE 2413; THENCE SOUTH 87015'16" WEST
ALONG SAID NORTH LINE, A DISTANCE OF 25.36 FEET; THENCE
SOUTH 00013'19" EAST, DEPARTING SAID NORTH LINE, A DISTANCE
OF 62.47.FEET; THENCE NORTH 89059'44" EAST, A DISTANCE
25.33 FEET TO THE POINT OF BEGINNING.
CONTAINING A TOTAL OF 1,598 SQUARE FEET MORE OR LESS.
G. MARTIN BURDETTE
FLORIDA S RVEYOR AND MAPPER -4136
DATE: / %Z 0(
BURDETTE & SSOCIATES, INC.
JAN. 2004 - REV15E0 60UNDARY OF rCE 719
LEGAL DESCRIPTION AND SKETCH - T. C.E. 719
PREPARED FOR,
ST, LUCIE COUNTY, FLORIDA
BURDETTE & ASSOCIATES, INC. FOFFIC[, cNECG. scALE,
E. C. G. M.B. Nor ro scALE
2295 GENESEA LANE D BOOK, DRAVNC NO.VERO BEACH, FLORIDA 32963 6 15 T C E 7 19
(772) 231-8750 F E B R UA R Y 2003 SHEET I OF 3
\25TH\P0STDESIGN\TCE719.DGN 01/12/04 10:12:54 AM
60 30 0 60
GRAPHIC SCALE - FEET
m
POINT OF COMMENCEMENT
S.E. CORNER SECTION 29
N-1113951.115
E= 867109.272
NOT FOUND
EXIST. WEST R/W LINE
N 02023'50" E
18 _
EXHIBIT "A"
ft
I::E
_1 i
Par- 5 of 6
G`
�<ORI
S . E. 1 /4 OF THE S . E . 1 /4
SECTION 29
TOWNSHIP 35 SOUTH,
RANGE 40 EAST
Becring Basis:
South Line of Section 29
(S 87027'59" W)
EXIST. WEST R/W LINE
i
Noo°o4 zo w ADDITIONAL R/W
�41 .39' ORB 725, PG. 2990
N oz°o4•I4�• w / 414.86•
- - - - F
S 87°'7'S9' w SECTION LINE
40.13 o N 00 65 026 �W2 1 --i
1 9 I 2�� -- - - - - -
P.I. STA. 1 18.58.26
_ f� SURVEY N 00° 1 3' 19
--@ OF SURVEY S.R. 6- S
o S° R o 6 1 5
(SOUTH
o
(S. 25th. _STREET )_ z
455IH; (LT.
°
N=1113952.227 �
�
— — — — — — — m
E= 867116.099
/
N 00°13'19" 'NFND.
PKNL8W "LB6449"
/
140'
EXIST. EAST R/W LINE
0'
ABBREVIATIONS / LEGEND.
k BASELINE
N I
I
w_
z
= CENTERLINE
NOTE.
C.
EXIST. EXISTING
BEARINGS SHOWN HEREON ARE BASED m
CD
m
FKA FORMALLY KNOWN AS
ON FLORIDA STATE PLANE COORDINATE
SYSTEM, EAST ZONE, NORTH AMERICAN
w
=
m
x
FOUND
NND.L.R.W.M.D.- NORTHERN ST, LUCIE RIVER
-
DATUM OF 1983/1990 READJUSTMENT.
WATER MANAGEMENT DISTRICT
P.0.8. POINT OF BEGINNING
THE SOUTH LINE OF SECTION 29,E
TOWNSHIP 35 SOUTH, RANGE 40 EAST—
P.O.C. POINT OF COMMENCEMENT
BEARS, SOUTH 87°27'59" WEST AND ALL m
3.
C
m
R/W RIGHT OF WAY
SO. FT. SQUARE FEET
OTHER BEARINGS SHOWN HEREON ARE
RELATIVE THERETO.
F-1
/
T.C.E. = TEMPORARY CONSTRUCTION
f
EASEMENT
JAN. 2004 - REVISED 3OUNDARY OF TCE 1/9
SUBJECT PARCEL THIS IS NOT A SURVEY
LEGAL DESCRIPTION
AND
SKETCH - T. C.E. 719
PREPAR£0 FOR,
ST. L UCIE COUNTY, FLORIDA
BURDETTE & ASSOCIATES, INC. U"JCE, CHECXED, SCALE,
E. C. G. M. B.
2295 GENESEA LANE FIELD 300R, DRAWING NO.,
VERO BEACH, FLORIDA 32963 6 1 5 T C ET 1 9
(772) 231-8750 DA rE, F E B R U A R Y 2 0 0 3 I sHEE r 2 of 3
..\25TH\POSTDESIGN\TCE719.DGN 01/12/04 10:13:24 AM
�I
�6
60 30 0 60
GRAPHIC SCALE - FEET
" SOUTH LINE OF
O.R.B. 923, PG, 2413
EXIST. WEST BEG
R/W LINE
D=BIT "A" Page 6 of 6
S.E. I /4 OF TF,40604S, E. 1 /4
SECTION 29
TOWNSHIP 35 SOUTH,
RANGE 40 EAST
2E62-47—'
m ' C-S 00°13'1
un
m
-NORTH LINE Of
D.R.B. 923, PG. 2413
\ 84.15' �\ 63.68' \
N 00013'19"W N 00013'19"W 148.43'
-------L-------�--
DETAIL
SOUTH L INE OF
/EXIST.
0.R.B. 913, PG. 241
ORB 288, PG. 2317 WEST R/W LINE-,
N 02414.86' W
/ N 00013'19"W IA8.54'
ADDITIONAL R/W 14.87'IDl
— — _ ORB 148, PG. 247L-s
SECTION LINE
N 00°04'20" W
2615.16 _ 1 2 4
ORB 923, PG. 2413
Z
TEMP ORAR Y
CONSTRUCTION EASEMENT
1,598 SO. FT.
EXIST. WEST 7 19
R/W LINE
N 00,13'19"W
IA8.43'
�I 84.75'
A0DITIONAL
_I R15.25'1D B 725, PG. 2N3500150_01
-NORTH L INE OF
0. R. 8. 923, PG. 2413
m m
v ORB 1204, o
PG. 2096
POINT OF
o � I BEG�IJNNING � I 2
-f -----1 -�--
N00013'19"W
- 59.28'—
A NAL /B
ORB 726, PG. 519 -
N
t SURVEY N 00013'1911 W
------------- _____
H o----7--_7--- s o R o 6 1 5 ----
z ((S. 25th. STREET)
r�------------ ----t--------------
CD
N 00°13'19" W
EXIST, R/W LINE ABBREVIATIONS (CONTINUED)
O.R.B. = OFFICIAL RECORD BOOK
PG. = PAGE
✓AN. 2004 - REVISED BOUNDARY OF 7CE 719
(D) . AS SHOWN ON DEED THIS IS NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH - T. C.E. 719
PREPARED FOR:
ST. L UCIE COUNTY, FLORIDA
LVERO
TTE & ASSOCIATES, INC. ' CHECKED, SCALE
E. C. G. M. B. 1' = 60'
295 GENESEA LANE FIELD BOOK, DRAWING NO.
BEACH, FLORIDA 32963 6 1 5 T C E7 1 9
(772) 231-8750 DATE. F E B R UA R Y 2003 SHEET 3 of 3
...\25TH\POSTDESIGN\TCE719.DGN 01/12/04 10:13:53 AM
cm
AGENDA REQUEST
ITEM NO. 3F
DATE: June 8, 2004
REGULAR[ ]
PUBLIC HEARING( )
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Daniel McIntyre
SUBMITTED BY (DEPT.): County Attorney County Attorney
SUBJECT: Right of Way donation for 5R-70(Okeechobee Rd)
Realign Midway Road up to Fairground Entrance with right and left turning lane
Pedestrian cross over bridge.
BACKGROUND: Please see attached Memorandum.
FUNDS AVAIL.: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board approve the Resolution and County Deed
provided by Department of Transportation, authorize the Chairman to execute
the Resolution and County Deed, instruct staff to return the Resolution and
County Deed to Department of Transportation for recording.
COMMISSION ACTION:
APPROVED [ ] DENIED
[ ] OTHER Approved 5-0
Review and Approvals
r
XX County Attorney: (X) Public Works.
xx Originating Dept.: () Purchasing:
5 Anderson
Administrator
(x) County Engineer:
(x) Road & Bridge �T��
�r r
n
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
DATE: June 8, 2004
SUBJECT: Right -of Way Donation for SR-70 (Okeechobee Rd)
Realign Midway Road up to Fairground Entrance with right and left turning lane
Pedestrian cross over bridge
St. Lucie County and the Florida Department of Transportation(DOT) have been working together in regard
to improve SR-70 (Okeechobee Road from McCarty Road west to the County Line with a four (4) lane divided
highway. This project will offer significant transportation benefits to the County, the property owners and
citizens along the corridor, and all of the traveling public.
Improvements will be made to all intersections of County roads and particularly the intersection of Midway
Road with SR-70/Okeechobee Road. DOT is planning to re -align Midway Road from SR-70, eastward, to
eastern boundary of County Fairgrounds site. Included with this re -alignment will be added travel lanes
approaching and departing 5R-70, left and right turn lanes, a median opening at the Fairgrounds entry, and
re -construction and re -configuration of the Fairgrounds entry to accommodate the significant traffic during
Fairground operations.
DOT also intends to enhance the public transportation facility with substantial pedestrian and cycling
amenities as requested by County staff along with a pedestrian overpass at the Fairgrounds site.
In keeping with strict DOT procedures for right of way, DOT has presented the County with a Statement
of Offer, in the amount of $16,475.00 for 2.550 acres along the northern boundary of the Fairground site
needed for the highway improvements. Because of the FDOT enhancements, Staff believes that the County
should donate the requested right-of-way to FDOT.
RECOMMENDATION:
Staff recommends the approval of the donation requested from the Department of Transportation, authorize
the Chairman to execute the Resolution and County Deed, instruct staff to return the Resolution and County
Deed to Department of Transportation for recording.
Respectfully submitted,
Daniel S. McIntyre
County Attorney
G:\ACQ\WP\JoAnn\Fairgrounds\Agenda Memompd
iz
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. 3G
DATE: June 8, 2004
REGULAR[]
PUBLIC HEARING [ ]
CONSENT [XX ]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel McIntyre
County Attorney
SUBJECT: Revised Revocable License Agreement
St Lucie County School Board
25ft of Lawnwood Addition
BACKGROUND: On May 18, 2004 the Board approved this license agreement for 25ft
of Lawnwood Addition for the School Board to replace eight (8)
relocatable at the southeast corner of Lawnwood Elementary School
with ten 10 modular units. The units will not fit in the optimum
location within the current boundaries of Lawnwood Elementary.
The wording in Paragraph 6 has been revised regarding the time
limits of the license agreement.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: May 18, 2004 the Board approved this license agreement for the 25ft.
RECOMMENDATION Staff recommends that the Board approve the revised Revocable
License Agreement with the School District, authorize the Chairman
to execute the agreement and staff to record the document in the
Public Records of St. Lucie County, Florida.
COMMISSION ACTION:
X APPROVED [ ] DENIED
[)OTHER: --
Approved 5-0 Do s M. Anderson
C unty Administrator
Review and Approvals
[X] County Attorney: [ ] Engineering: [X] Public Works:
[ ]Originating Dept: [ ]Road and Bridge
[X} Parks & Rec.
M
En
This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. McIntyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this day of , 2004, by and between
ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and the ST. LUCIE
COUNTY SCHOOL BOARD 327 N.W. Commerce Park Drive, Port St. Lucie ("District").
WHEREAS, the District owns the property described as follows:
Blocks 108 and 111, Lawnwood Addition, as per Plat
thereof on file in Plat Book 2, Page 16, Public Records
of St. Lucie County, Florida
Together with:
The North 25 feet of Southern Avenue, between Blocks
111and 132, and the 16 foot alley running East and West
through Block 108, and the 16 foot alley running East and
West through Block 111, and Rhode Island Avenue between
Bocks 108 and Block 111, all of said lands lying and being
situated in Lawnwood Addition, as per Plat thereof on file in
Plat Book 2, Page 176, Public Records of St. Lucie County
WHEREAS, the County is the owner of the property described as:
Lawnwood Addition that part of Block 89,90,95,96 and 97
and a parcel designated as Park lying South of Quincy Avenue
WHEREAS, the District has requested a Revocable License Agreement for 25 feet of County
owned property which lyes in the northwest corner of the above mention property as shown on Exhibit
"A", to locate Ten (10) modular units for Lawnwood Elementary School.
WHEREAS, the County is willing to permit the District to use the 25 feet of County property
for the Ten (10) modular units, subject to the terms and conditions set forth in this Revocable License
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree
as follows:
1. The County agrees to grant the District a Revocable License Agreement for 25 feet of
County's property to install Ten (10) modular units for Lawnwood Elementary School. This Revocable
skoe
License shall extend only to the above -referenced 25 foot encroachment for the Ten (10) modular units
and shall not extend to the construction and/or installation of any additional structures or utilities
2. The sole purpose of this Revocable License Agreement is to grant the District
permission to install the Ten (10) modular units within 25 feet of the County's property.
3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes
the District to keep and maintain the Ten (10) modular units which encroach 25 feet in the County's
property.
4. The District shall install the Ten (10) modular units in accordance with Standard
Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards.
5. This Revocable License Agreement shall be binding on future successors and assignees
of the District, provided that District gives adequate notice to the County pursuant to Paragraph
Twelve (12) of this Agreement.
6. This license Agreement shall commence on July 1, 2004 and terminate on June 30, 2024
unless terminated earlier as provided herein. Neither party shall have the right to terminate this
Agreement during the initial five (5) years of the twenty (20) year term. After the initial five (5)
years, wither party may terminate this Agreement without cause by giving the other party 3 years prior
written notice.
7. Upon the abandonment of the modular units, the expiration of this Revocable License
Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the District
shall be responsible for the removal of the modular units.
8. The term of this Revocable License Agreement shall begin on the date first above
written and shall remain in affect unless otherwise revoked or abandoned as provided herein.
9. District agrees to relocate the referenced improvements, at any time and at no cost to
the County, if necessary for the maintenance or improvements of County's 25 foot property.
10. The modular units shall be constructed in accordance with all applicable building codes
and permitting regulations of the State and County and shall be maintained solely at the expense of the
District. Any maintenance or relocation activity will be subject to the written approval of the County
Engineer.
11. The District agrees to allow County employees access to the location of the modular unit
for County purposes as determined by the County Administrator.
12. All notices, request and other communications dealing directly or indirectly with this
license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by
messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage
prepaid) return receipt requested, address to:
requested, address to:
As to County: With Copies to:
County Engineer County Attorney
2300 Virginia Avenue, 2nd Floor 2300 Virginia Avenue, 3rd Floor
Fort Pierce, FL 34982 Fort Pierce, FL 34982
As to District:
School Board of St. Lucie County
327 NW Commerce Drive
Port St Lucie, FL 34986
or to such other address as any party may designate by notice complying with the terms of this
section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery,
(b) on the date upon which the return receipt is signed or delivery is refused or the notice is
designated by the postal authorities as not deliverable, as the case may be, if mailed.
13. As consideration for the County granting this Revocable License Agreement and to the
extent allowed by law, the District agrees to indemnify and hold the County harmless from and against
all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and
costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way
connected with the use, occupation, management, or control of the above property by District or its'
agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss
of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property.
14. The District shall promptly record this Revocable License Agreement in the Official
Records of St. Lucie County, Florida. The District shall pay any document excise taxes and the cost
of recording this Revocable License Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
above first written.
ATTEST:
BY:
Witness
Witness
STATE OF FLORIDA
COUNTY OF ST. LUCIE
BOARD OF COUNTYCOMMI55IONERS OF
ST. LUCIE COUNTY, FLORIDA
CHAIRMAN
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
ST. LUCIE COUNTY SCHOOL BOARD
BY:
ITS
The foregoing instrument was acknowledged before me this day 2004
as of the St. Lucie County
School Board who produced (type of identification) and who did take an
oath.
WITNESS my hand and official seal, this day of,
My commission Expires:
Signature of Notary Public
2004.
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SKETCH OF RIGHT OF WAYL—�
IBIT CONSULTING ENGINEERS
OF elf&
LAWNWOOD ELEMENTARY ` C,
LAND SURVEYORS
CULPEPPER&
Prepared For2980 SOUTH 25th STREET
TERPENING,INC. FORT PIERCE, FLORIDA 34981
SCHOOL BOARD OF ST. LUCIE COUNTY (772) 464-3537
COUNTY
FLO R 1 D A
TO:
Swo,
AGENDA REQUEST
ITEM NO.:
DATE:
REGULAR:
1000
C-4
June t, 2004
PUBLIC HEARING: [
CONSENT: [ X
BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: VETERAN SERVICES PRESENTED BY: Paul J. Hiott
Director
SUBJECT: Donation of two 15 passenger vans from County fleet to United Veterans of St. Lucie Co.
BACKGROUND: In May 2004, the County purchased two new 15 passenger vans a part of the fleet replacement
program. The new vans replaced two 2001 vans with an excess of 100,000 miles. Staff is
requesting the BOCC donate the two older vans to the United Veterans of St. Lucie County. The
organization can make excellent use of the vans - in particular to transport their volunteers to and
from funeral services where they provide an Honor Guard, as well as to provide transportation for
disabled veterans to local veterans ceremonies. Since 1992, the United Veterans of St. Lucie
County have contributed funds to the BOCC for the purchase of four new vans. If approved, the
United Veterans will assume title and full responsibility for ownership, including insurance. The two
vans requested for donation are:
PR # 40-3797: 2001 15 passenger Ford Club Wagon. Mileage 103,449, Book value $3,667.00
PR # 40-3798: 2001 15 passenger Ford Club Wagon. Mileage 108,446. Book value $3,667.00
FUNDS AVAILABLE: NIA
PREVIOUS ACTION: None
RECOMMENDATION Staff is requesting the Board to authorize the donation of two vans to the United Veterans of
St. Lucie County, a non-profit veterans organization.
COMMISSION ACTION:
Fx—]APPROVED
F-1 OTHER
FIDENIED
Approved 5-0
County Attorney: "A k
Originating Dept:
Finance: (Check for Copy only, if applicable):
Doug Anderson
County Administrator
Coordination/Sicnatures
Management & Budget: Purchasing: XX
Public Works: Other:
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. C- 5 A
DATE: June 8, 2004
REGULAR[]
PUBLIC HEARING [ ]
CONSENT [XX ]
PRESENTED BY:
SUBMITTED BY(DEPT): ENGINEERING DEPT
Michael V. Powle , P.E.
County Engineer
SUBJECT: Harmony Heights MSBU
Interlocal Agreements with the Property Appraiser and Tax Collector
BACKGROUND: See attached memorandum
FUNDS AVAIL. N/A
PREVIOUS ACTION: May 4, 2004 — The Board created the Harmony Heights MSBU and
authorized the County Engineer to proceed with engineering and design of
the project.
RECOMMENDATION:
Staff recommends that the Board approve the Interlocal Agreements and authorize the Chairman to sign
the Agreements.
COMMISSION ACTION:
dQ APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
[x]County[x]County Attorney / K
[x]Public Works Dire
[ ]Finance
Coordination/Sia natures
[ ]Mgt. & Budget
[x ]Co. Eng
CON
D6uglas M. Anderson
County Administrator
[ ]Purchasing
[x]MSBUCoor
rn
COMMISSION REVIEW: June 8, 2004
ENGINEERING MEMORANDUM NO. 04-152
TO: Board of County Commissioners
FROM: Mike Powley, County Engineer
DATE: May 26, 2004
SUBJECT: Harmony Heights MSBU
Interlocal Agreements with the Property Appraiser and Tax Collector
BACKGROUND
Attached are copies of the Interlocal Agreements with the Property Appraiser and Tax
Collector for the referenced Municipal Service Benefit ("MSBU"). The Agreement
with the Property Appraiser allows for the Property Appraiser to provide the County
with certain information and for the County to reimburse the Property Appraiser for
their necessary administrative costs incurred under Section 197.3632, Florida
Statutes (2003). The Agreement with the Tax Collector allows the County to
reimburse the Tax Collector for their necessary administrative costs incurred under
Section 197.3632, Florida Statutes (2003). Both Agreements are required by
Chapter 197, Florida Statutes which gives the authority to create MSBUs.
RECOMMENDATION
Staff recommends that the Board approve the Interlocal Agreements and authorize
the Chairman to sign the Agreements.
Al
cc: Staff Concurring
Property Appraiser
Tax Collector
Gee ngVnsb uUnsbuwo rd\msbu projects harm ony\aga-patc.doc
En
M
INTERLOCAL AGREEMENT
HARMONY HEIGHTS MUNICIPAL SERVICES BENEFIT UNIT
THIS INTERLOCAL AGREEMENT is made and entered into this day of
, 20 , by and between the BOARD OF COUNTY COMMISSIONERS
FOR ST. LUCIE COUNTY, FLORIDA (the "County") and JEFF FURST, as St. Lucie
County Property Appraiser (the AN Property Appraiser").
WHEREAS, the County intends to levy non -ad valorem special assessments against
certain properties within the Harmony Heights Municipal Services Benefit Unit (the
`Harmony Heights MSBU ") in unincorporated St. Lucie County for the purpose of funding
a project to provide potable water to the properties within the Harmony Heights MSBU;.and
WHEREAS, the County intends to use the uniform method for the levy, collection
and enforcement of the non -ad valorem assessments pursuant to Chapter 197, Florida
Statutes (2003); and
WHEREAS, the County and the Property Appraiser have agreed to enter into a
written agreement whereby the Property Appraiser will provide the County with certain
information and the County will reimburse the Property Appraiser for his necessary
administrative costs incurred under Section 197.3632, Florida Statutes (2003) in providing
this information related to the Harmony Heights MSBU.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the parties agree as follows:
1. GENERAL.
This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida
Statutes (2003). This Agreement embodies the whole understanding of the parties. There
are no promises, terms, conditions, or obligations other than those contained herein, and
this Agreement shall supersede all previous telecommunications, representations, or
agreements, either verbal or written, between the parties hereto.
2. PROPERTY APPRAISER.
Annually prior to June 1, the Property Appraiser shall provide the County with the
information described in Section 197.3632 (3) (b), Florida Statutes (2003), for the Harmony
Heights MSBU. This information shall be provided by list or compatible electronic medium
and shall include the legal description of the properties within the boundaries of the
Harmony Heights MSBU and the names and addresses of the owners of such properties.
This information shall reference the property identification number and otherwise conform
%ft '''o
in format to that contained on the ad valorem roll submitted to the Florida State Department
of Revenue.
3. REIMBURSEMENT.
The County agrees to reimburse the Property Appraiser in accordance with Section
197.3632 (2), Florida Statutes (2003) for the necessary administrative costs incurred in
connection with providing the information described above. Administrative costs shall
include but not be limited to those costs associated with personnel, forms, supplies, data
processing, computer equipment, postage, and programming. Payment by the County to
the Property Appraiser for these costs shall be made within thirty (30) days from the
County's receipt of a properly submitted invoice from the Property Appraiser.
4. NOTICE.
All notices or other communications hereunder shall be in writing and shall be
deemed duly given if delivered in person or sent by certified mail return receipt requested
and addressed as follows:
If to the County:
St. Lucie County Administrator
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
If to the Property Appraiser:
St. Lucie Property Appraiser
2300 Virginia Avenue
Fort Pierce, Florida 34982
5. FILING.
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
With a copy to:
Property Appraiser Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
This Agreement and any subsequent amendments hereto shall be filed with the
Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes
(2003).
6. AMENDMENT: GOVERNING LAW.
This Interlocal Agreement may only be amended by written document, properly
authorized, executed, and delivered by both parties and filed with the Clerk of Court as
required herein. This Agreement shall be interpreted as a whole unit and all interpretations
shall be governed by the laws of the State of Florida.
THE NEXT PAGE IS THE SIGNATURE PAGE
2
cm
IN WITNESS WHEREOF the parties hereto have duly executed this agreement the
day and year noted below.
ATTEST:
DEPUTY CLERK
WITNESSES:
Revised June 19, 2001; May 6, 2004
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ST. LUCIE COUNTY PROPERTY
APPRAI
7 q'441 e�
BY:
6�Te UR
Date: \o I o4
3
n
M
INTERLOCAL AGREEMENT
HARMONY HEIGHTS MUNICIPAL SERVICES BENEFIT UNIT
THIS INTERLOCAL AGREEMENT is made and entered into this day of
20 by and between the BOARD OF COUNTY
COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and BOB
DAVIS, as St. Lucie County Tax Collector (the "Tax Collector").
WHEREAS, the County intends to levy non -ad valorem special assessments
against certain properties within the Harmony Heights Municipal Services Benefit Unit (the
"Harmony Heights MSBU") in unincorporated St. Lucie County for the purpose of
funding a project to provide potable water to the properties within the Harmony Heights
MSBU; and
WHEREAS, the County intends to use the uniform method for the levy, collection and
enforcement of the non -ad valorem assessments pursuant to Chapter 197, Florida Statutes
(2003); and
WHEREAS, the County and the Tax Collector have agreed to enter into a written
agreement whereby the County will reimburse the Tax Collector for his necessary
administrative costs incurred under Section 197.3632, Florida Statutes (2003) in providing
this information related to the Harmony Heights MSBU.
NOW, THEREFORE, in consideration of the mutual covenant, conditions and
promises contained herein, the parties agree as follows:
1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida
Statutes (2003). This Agreement embodies the whole understanding of the parties. There
are no promises, terms, conditions, or obligations other than those contained herein, and
this Agreement shall supersede all previous telecommunications, representations, or
agreements, either verbal or written, between the parties hereto.
2. The above representations are true and correct and incorporated herein.
3. The parties agree that the County shall;
a. Provide written notice to the Tax Collector, which notice shall include a certified
copy of the Resolution creating the Harmony Heights MSBU.
b . Provide the Tax Collector with copies of all other resolutions relating to the
Harmony Heights MSBU, including but not limited to any resolution approving a special
assessment roll and authorizing a change in the amount of the special assessment levied
against any parcel of property within the Harmony Heights MSBU.
C. The County shall, in writing, notify the tax collector of the representative (s)
authorized to submit a correction on DR Form 409A. The County shall also notify the tax
collector in writing, of the official authorized to submit the factors.
d. Provide the tax collector thirty (30) days prior to presentation of certified rolls,
with all proposed details regarding yearly billing, prepays, payoffs during term, payoffs
after first billing (ie; amortization) and other costs that may be added after prepays. The
parties mutually agree to negotiate a format that is acceptable to both parties. The tax
collector reserves the right to reject the proposed format of the data if it is not compatible
with the current collection system and he has not been involved in the development of the
format.
e. Certify a non -ad valorem assessment roll on compatible electronic medium to the
tax collector on or before September 15 of the first year. The assessment roll shall contain
the posting of the non -ad valorem for each parcel and contain the following information for
all real property located within the boundaries of Harmony Heights MSBU:
(1) the St. Lucie County Property Appraiser' s parcel number;
(2) the property description: and,
(3) any other information as may be mutually agreed to.
Such roll certified to the tax collector shall be a separate
assessment roll showing the amount of the special
assessment applied to each parcel with the Harmony
Heights MSBU, including any parcels for which no special
assessments were levied. The certified special assessment
roll shall show the total of all special assessments for the
Harmony Heights MSBU. If any changes to the MSBU roll
need to be made, it shall be the responsibility of the County
to file a corrected roll or a correction of the amount of any
assessment.
f. All assessments shall become liens by operation of law as specified in Section
197.122 F.S. (2003). No liens shall be recorded outside Section 197.122 F.S.
4. The parties agree that the tax collector will collect and disburse the Harmony Heights
MSBU assessment for the specified term of the assessment. Specifically the tax collector
shall:
'�W ` 40
a. Produce and pay for combined notice of ad valorem taxes and non -ad
valorem assessments pursuant to the requirements of 197.3635 F.S.
b. Collect all special assessments complying with the provisions of this
agreement, and remit the funds to the County on a monthly basis, less the deductions
allowed in paragraph 5 of this agreement.
c . Deposit all collections of special assessments in the same account used for
collection of ad valorem taxes; however, the tax collector shall provide a statement to the
County showing the amount of special assessments collected.
5. The County agrees to reimburse the Tax Collector in accordance with Sections
197.3632 (2), and 192.091 Florida Statutes (2003) for necessary administrative costs, if any,
incurred in connection with the Municipal Services Benefit Unit. Administrative costs
shall include but not be limited to those costs associated with personnel, forms, supplies,
data processing, computer equipment, postage, and programming. The parties
acknowledge and agree that a good faith estimate of the cost of collection, based on prior
experience with like projects, exceeds two percent (2%) of the total collection. However, in
order to keep project costs as low as possible, the tax collector agrees to accept two percent
(2%) of the collection as his reimbursement.
6. If, due to unusual or extenuating circumstances, the tax collector' s necessary
administration costs of performing the services required by this agreement exceed the
usual and expected compensation provided for in paragraph 5 above, the County agrees to
pay any additional sums required to fully reimburse the tax collector for his necessary
administrative costs as documented by the tax collector.
7. The parties acknowledge that the tax collector is entering this agreement without any
determination that the County is legally authorized or qualified to collect its non -ad
valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it
is his ministerial duty and he has no authority to refuse that duty; question compliance
with Chapter 197 Florida Statute; determine the legality of the assessment or determine the
constitutionality of any lien resulting from nonpayment of the assessment. In recognition
of all of the above, the County shall, to the extent permitted by law, indemnify and save
harmless and defend the Tax Collector, its agents, servants, and employees from and
against any and all claims, liability, losses, or causes of action which may arise from any
misconduct, improper action, negligent act or omission of the County, its servants, or
employees in the performance of services under this Agreement.
8. This agreement may be terminated by either party, without cause, upon one
hundred eighty (180) days written notice prior to November 1 of each year. Any
3
termination of this agreement shall not affect the tax collector' s responsibilities for tax
years prior to the date of termination.
9. Any alteration, variation, modification, extension, renewal, or waiver of the
provisions of this agreement shall be valid only when reduced to writing, duly authorized
and signed by all parties. Any amendment will be entered prior to January 1 of the tax
year in which such amendment is to become effective. This agreement and any subsequent
amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to
Section 163.01 (11), Florida Statutes (2003).
10. This agreement shall be interpreted as a whole unit and all interpretations shall be
governed by the laws of the State of Florida.
11. All notices or other communications hereunder shall be in writing and shall be
deemed duly given if delivered in person or sent by certified mail return receipt requested
and addressed as follows:
If to the County:
St. Lucie County Administrator
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
If to the Tax Collector:
St. Lucie County Tax Collector
2300 Virginia Avenue
Fort Pierce, Florida 34982
With a copy to-.
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Tax Collector Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
THE NEXT PAGE IS THE SIGNATURE PAGE
4
n
EM
IN WITNESS WHEREOF the parties hereto have duly executed this agreement
the day and year noted below.
ATTEST:
IM-01 VC40 0 Ci:1
WITNESSES:
BOARD OF COUNTY
COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
CHAIRMAN
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ST. LUCIE COUNTY TAX
COLLECTOR
By: /,Sub x �
TAX COLLECTOR, CPA, CGFO, CFC
Date: S-/7% o 4
APPROVED AS TO FORM AND
CORRECTNESS:
TAX COLLECTOR ORNEY
Revised: July 18, 2001; September 18, 2001; May 6, 2004
W
• +-
In
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115)
ITEM NO. C-513
DATE: June 8, 2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
PRESENTED BY:
Ada4
Michael V. Powley, P.E.
County Engineer
SUBJECT:
Award of Bid # 04-055, Weatherbee Road and U.S. 1 Intersection Improvements to Ranger Construction Industries, Inc. in
the amount of $310,173.93.
BACKGROUND:
On March 17, 2004 bids were open with one bid being received. On April 6, 2004 the Board approved to reject the lone
bid and to re -bid the project.
On May 26, 2004 bids were opened for the Weatherbee Road and U.S. 1 Intersection Improvements. Six Hundred and
fifty-six (656) vendors were notified, Twenty-four (24) sets of bid documents were distributed and three (3) bids were
received. The low bidder is Ranger Construction Industries, Inc. in the amount of $310,173.93.
FUNDS AVAILABLE:
Funds will be made available in Transportation Trust/Impact Fees/Road Impact Fees in account 101006-4116-563000-
4407.
PREVIOUS ACTION:
April 6, 2004- Board approved to reject the lone bid and to revise the plans and bid documents in order to reduce the
project cost.
RECOMMENDATION:
Staff recommends award of Bid #04-055, Weatherbee Road and U.S. 1 Intersection Improvements to Ranger Construction
Industries, Inc. in the amount of $310,173.93, establish the project budget and authorization for the Chairman to sign the
contract as prepared by the County Attorney.
COMMISSION ACTION:
APPROVED
[ ] DENIED
] OTHER
Approved 5-0
L%�
[x] County Attorney
[x] Originating Dep;,Pupjs>Works
(x] Purchasing <`; j"
(Check for copy only, if applicable)
E:
Doyt'g[ds Anderson
C��unty�hAdministrator
[x] Mgt. & Budget [x] Proj. Man. PX W
[x] Fiscal Coor. 6411 [ ] Env. Res. Div.
M
DIVISION OF ENGINEERING
MEMORANDUM
04-160
TO: Ed Parker — Purchasing Director
VIA: Michael Powley, P.E. — County Engineer /RV
VIA: Barbara Meinhardt — Fiscal Coordinator e
FROM: Michael Harvey, E.I. — Engineer Intern nc'�
DATE: May 27, 2004
SUBJECT: Award of Weatherbee Road and U.S. 1 Intersection Improvements (BID # 04-
055)
Bids for Bid #04-055 were opened on May 26, 2004. We have reviewed the bids and we
recommend that the project be awarded to Ranger Construction Industries, Inc. in the amount of
$310,173.93.
Funds will be made available in Transportation Trust/Impact Fees/Road Impact Fees in account
101006-4116-563000-4407. The following budget is established for the project:
Construction: $310,174.00
Testing: $ 5,000.00
Reserves: $ 31,826.00
TOTAL: $347,000.00
1
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ITEM `N4. C5C
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Solid Waste Division
DATE: 6/8/04
REGULAR( )
PUBLIC HEARING ()
CONSENT (X)
PRESENTED BY:
Leo J. Cordeiro, Solid Waste Manager
SUBJECT: Request Board approval to increase the Solid Waste Baling & Recycling Cash Drawer
and Cash Change Bag Fund from $500 to $650.
BACKGROUND: Currently the Scalehouse at the Baling & Recycling Facility has three cash
drawers of $50 each and a change bag of $350. Recently the Landfill contracted with Brinks to
transport deposits to and from the bank on a daily basis (Monday — Friday). We are processing a
change order each time Brinks picks up at the Scalehouse. The turnaround time for a change order
is a minimum of 2 days. With the increased volume there is not sufficient change to keep up with the
cash customers. The increase will allow enough change to be kept available to accommodate our
cash customers.
FUNDS AVAILABLE: 401-0000-104006-000 Equity In Pooled Cash - Operating
PREVIOUS ACTION: N/A
RECOMMENDATION: Recommend Board approve increasing the Solid Waste Baling & Recycling
Cash Drawer and Cash Change Bag Fund from $500 to $650.
COMMISSION ACTION:
% APPROVED () DENIED
( ) OTHER
Approved 5-0
Coordination/Signatures
County Attorney( ) Mgt. & Budget (X) r
Originating Dept. (X) Public Works (X) _
Finance: (check for copy, only if applicable) X
CONCURR CE:
D ANDERSON
COUNTY ADMINISTRATOR
Purchasing ( )
Other( )
,x If . _ 1164W `*d
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115)
ITEM NO. C - 5d
DATE: June 8, 2004
REGULAR [ ]
PUBLIC HEARING [ J
CONSENT [xJ
PRESENTED BY:
Michael V. Powley, P.E.
County Engineer
SUBJECT:
Approve Change Order No. 2 in the amount of $86,346.81 for modification to the Midway Road and Glades Cut -Off
Road Intersection Improvements and Midway / Glades Cut -Off Road Utilities Extension — Phase 1A projects.
Construction of the projects is presently underway. Change Order No. 2 is for adjustments to quantities and
modifications to the plans (see attached memorandum from American Consulting Engineers). During construction
activities overages to contract pay items were encountered. Additionally, this change order will address proposed
modification to the plans to accommodate the needs of the Land Fill.
BACKGROUND:
On June 6, 2003 bids were opened for the Midway Road and Glades Cut -Off Road Intersection Improvements and
Midway / Glades Cut -Off Road Utilities Extension — Phase 1A. One Thousand and Ninety companies were notified, 42
sets of bid documents were distributed and four (4) bids were received. The low bidder was Community Asphalt Corp.
in the amount of $5,028,653.61. All work will be coordinated and inspected by American Consulting Engineers.
FUNDS AVAILABLE:
ROADWAY PORTION:
Funds will be made available in 315-4115-563000-410045 County Building Fund, Engineering — Public Works in the
amount of $82,948.21.
UTILITY PORTION:
Funds are available in 315-3600-563000-36214 County Building Fund — Water Sewer Service in the amount of
$3,398.60.
PREVIOUS ACTION:
On June 24, 2003, the Board approved award of the contract to Community Asphalt Corp. in the amount of
$5,028,653.61.
On January 6, 2004, the Board approved Change Order No. 1 in the amount of $64,302.46 for modification to the
Midway Road and Glades Cut -Off Road Intersection Improvements and Midway / Glades Cut -Off Road Utilities
Extension — Phase 1A projects. In addition to the modifications, a directional bore in lieu of an open cut utility
installation across Midway Road was executed. The modifications facilitated construction, alleviated some delays to
the traveling public, and reduced the contract time by 5 days.
RECOMMENDATION:
Staff recommends the Board approve and authorize the Chair to sign Change Order No. 2 in the amount of $86,346.81
for a total contract price of $5,179,302.88 to Community Asphalt Corp. for modification to the plans.
COMMISSION ACTION: CONCU NCE:
APPROVED[ ] DENIED Approved 5-0
OTHER Dp),(gI& Anderson
County Administrator
[x] County Attorney ?` [x] Mgt. & Budget �1' i [x] Originating Dept. Public yvork's
[x] Project. Manager [x] Budget & Rev. Coor. 5 A K [x] Purchasing Dept.
[x] Road & Bridge (Check for copy only, if applicable)
09
American
Date: June 1, 2004
To: Craig Hauschild
American Consulting engineers or rionaa, LL%..
4141 Bandy Boulevard, Unit B11
Ft. Pierce, Florida 34981
Tel 772.465.3909 9 Fax 772.465.4259
american@ace-fla.com • www.ace-fla.com
MEMORANDUM
From: Bob Valentine
Subject: Midway / Glades Cut -Off — Change Order #2
Below are the reasons for the items in Change Order #2:
1. Type DBI 6' - 8' Cut, Type DBI 10' - 12' Cut: Added to collect storm water in the grass
median area along the west leg of Midway Road.
2. Special Guardrail Posts: Required to install guardrail over a water main. Short posts
encased in concrete need to be substituted for the normal length posts.
3. Regular Excavation, Embankment, Type B Stabilization, ABC-3 Base (8")(Includes
prime coat), Type S Asphaltic Conc.(Includes Bit): Required due to a plan revision to
meet design criteria.
4. Conc Sidewalk 4", Type "B" Stabilization, ABC-3 Base (8")(Includes Prime coat), Type S
Asphaltic Conc.(Includes Bit), Type F Curb & Gutter: required for a modification of the
island at the north east corner of the intersection. The proposed traffic signal mast arm
could not be constructed per the plans. It was necessary to enlarge the island to install
the proposed mast arm at a location other than where the existing signal was.
5. Curb inlet Type J-6: This quantity was omitted from the plans.
6. Concrete Pipe Culvert (18" RCP): It was necessary to extend a portion of the drainage
pipe on the northeast corner of the intersection due to work being performed by the FEC
Rail Road.
7. Directional Bore 16" Water main: This is a balance to the amount in change order 1 to
correct an error in the price submitted in change order 1.
8. Adjust Water & Force Main Valves, Furnish & Install Air Vault: provisions for this work
were omitted from the contract plans.
9. Conduit (Underground) (F & 1), Conduit (Underground -Jacked) (F & 1) changing quantity
to the proper pay item for the work involved.
Please contact me if you require further information.
Copies to: File
American Project No.: 5009785.001
"A Culture of Engineering Excellence"
09
Mi
CHANGI~ ORDER
ST. LUCIE COUNTY
PROJECT: Midway Rd. a Glades Cut -Off Rd.
(name, address) Intersection Improvements
TO (Contractor):
Community Asphalt Corp.
14005 NW 189 5L
Hialeah, FL 30016
You are directed to make the following changes in this Contract.
(Additional sheet attached as Exflibit A -- Yes)
SEE ATTACHED
CHANGE ORDER NUMBER: 2
INITIATION DATE: 6H/04
CONSULTANTS PROJECT NO.: N/A
ST. LUCIE COUNTY
CONTRACT NO: CO3-06461
CONTRACT DATE: 6/24/03
The original (Contract Sum) was .............
Net change by previous authorized Change orders ............................................................................................
The (Contract Sum) prior to this Change Order was ...................................................................... .............. S5,092,956 07
The (Contract Sum) will be increased
bythis Change Order ................................... ................................................... ...... ......
.,....,......,...........
The new (Contract Sum) including this Change Order will be............................................................................. $5.179.302.88
The Contract Time will be unchanged by ...................... I ............... ......... ........... ....,,................. ,........ ....................... ( 0 ) Days
The Daft of Substantial Completion as of the dale of this Change Order therefore is: January 6, 2005
Funds Available: Account Number 315.4115-59933Q 1QQ45
The adjustment in Contract Price andfor 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 coots and delays
associated with the Inte•ruption of schedules, extended overheads, delay. and cumulative impels or ripple effect on all other non -affected work
under this Contract. Signing of the Change Order constitutes fill and mutual accord and Satisfaction for the odjuetment 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, 5ubjed to the current scope
of the entire worst asset 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 will waive all rights to file a claim on this Change
Order after it is property executed. All work performed under this Change Order shall be performed In sicoordanoe with the contract specifications.
Recommended:
FA._LuOe County, Engineering Divilyon
Architect/Engineer
2100 Amints Ave. Ft. PierceFL 34982
By: Craig Hauschlld, P.E.. Cap Proi. Erg. Date
Agreed To:
C -M uDAY_4ph3 t. Gore,
Contractor
14005 NW 188 't. Hialeah FL '
Addres O i
By: Date
Approved:
PuhuF.Works Department
St. Lucie County Department
2300 Virginia At . Ft. Pierce FL 34982
Ad s hsa [
W /1
y. Donald B West, AN Dir. Date
Authorized:
St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982
f3Y: Date
Approved as to Form and Correctness
County Attorney
RM
V
Project: Midway Road and Glades Cut -Off Road Intersection Improvement
CHANGE ORDER N 2
Contractor: Community Asphalt
Notice to Proceed Date: July 14, 2003
Additional Time: - 0 - Days
EXHIBIT "A"
Completion Date: January 6, 2005
Bid Item
Description
Area
Units
Est,
Quantity
Unit Price
Total Price
120-1
Regular Excavation
2
CY
9
$ 6.60
$ 59.40
120-6
Embankment
2
CY
17
$ 6.70
$ 113.90
160-4
Type "B" Stabilization
2
SY
304
$ 2.70
$ 820.80
160-4
Type "B" Stabilization
3
SY
-100
$ 2.70
$ (270.00)
285-713
ABC-3 Base (8") (includes prime coat)
2
SY
226
$ 18.75
$ 4,237.50
285-713
ABC-3 Base (8") (includes prime coat)
3
SY
-100
$ 18.75
$ (1,875.00)
331-2
Type S Asphaltic Concrete (3") (Includes Bit)
2
TN
32.6
$ 47.50
$ 1,548.50
331-2
Type S Asphaltic Concrete (3") (Includes Bit)
3
TN
-15
$ 47.50
$ (712.50)
425-1-461
Curb Inlet Type J-6
3
EA
I
$ 4,500.00
$ 4,500.00
425-1-900
DBI Type C (Special Median Drain, 6'. 8' cut)
1
EA
I
$ 2,645.00
$ 2,645.00
425-1-902
DBI Type C (Special Median Drain, to'- 12' cut)
I
EA
2
$ 4,250.00
$ 8,500.00
425-6
Adjusting Valve Boxes (Existing Water & Force Main Valves)
5
EA
10
$ 251.21
$ 2,512,10
430-11-325
Concrete Pipe Culvert ( 18" RCP)
3
LF
48
$ 23.50
$ 1,128.00
520-1-10
Type F Curb & Gutter
3
LF
65
$ 7.50
$ 487.50
520-2-4
Type D Curb
2
LF
600
$ 8.50
$ 5,100.00
522-1
Concrete Sidewalk (4" thick)
3
SY
100
$ 17.50
$ 1,750.00
536-7A
Guardrail Post Special
1
LS
l
$ 4,242.70
$ 4,242.70
541-70-1A
FEC Flagman
2
HOUR
8
$ 55.82
$ 446.56
630-1-12
Conduit (Underground) (F & I)
2
LF
-1230
$ 4.50
$ (5,535.00)
630-1-14
Conduit (Underground -Jacked) (F & 1)
2
LF
1230
$ 21.50
$ 26,445.00
632-7-1
Cable Signal
2
PI
l
$ 3,100.00
$ 3,100.00
634-4-112
Span Wire Assembly (F&1) (Two Wire) (Diagonal)
2
PI
1
$ 1,088.59
$ 1,088.59
639-1-12
Electrical Power Service (Overhead) (By Contractor)
2
AS
I
$ 976.94
$ 976.94
639-2-1
Electrical Service Wire ( F & I)
2
LF
363
$ 2.00
$ 726.00
641-14-38
Pre-Streesed Concrete Pole (F&1) (w/Foundation) (Type N-V) (38')
2
EA
1
$ 4,242,70
$ 4,242.70
641.14-42
Pre-Streesed Concrete Pole (F&I) (w/Foundation) (Type N-V) (42')
2
EA
1
$ 4,242.70
$ 4,242.70
650-51-111
Traffic Signal (12" Std.) (F&1) (1 Section) (1 Way)
2
AS
2
$ 499.08
$ 998.16
650-51-121
Traffic Signal (12" Std.) (F&I) (1 Section) (2 Way)
2
AS
2
$ 653.15
$ 1,306,30
659-106
Signal Head Auxiliaries (F&I) (Tunnel Visor)
2
AS
6
$ 20.10
$ 120.60
670-4-1
Flashing Beacon Controller Assembly
2
AS
1
$ 1,200.24
$ 1,200.24
690-10
Remove Traffic Signal Head Assembly
2
EA
12
$ 13.96
$ 167.52
690-33-1
Pole Removal (Deep) (Direct Burial)
2
EA
4
$ 2,288.83
$ 9,155.32
690-80
Remove Span Wire Assembly
2
EA
2
$ 195.39
$ 390.78
690-90
Remove Cable & Conduit
2
PI
2
$ 300,00
$ 600.00
690-100
Remove Misc. Signal Equipment
2
PI
2
$ 500.00
$ 1,000.00
1651A
Air Vault (Furnish & Install)
5
EA
2
$ 443.25
$ 886.50
Total
$ 86,346.81
Area
Description
Total Price
I
Midway Road Improvements
$ 15,387.70
2
Glades Cut -Off Road Improvements
$ 62,552.51
3
Midway Road & Glades Cut -Off Road Intersection Improvements
$ 5,008.00
4
Midway Road & Rinker Intersection Improvements
$ -
5
Utilities
$ 3,398.60
AGENDA REQUEST
ITEM NO. 6 /�
DATE: June 8, 2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: OMB
PRESENTED BY: Marie M. Gouin
SUBJECT: Approval of resolution 04-164 to appropriate $10 million for aline of credit for the
acquisition of land for a new research and education center.
BACKGROUND:
On April 6, 2004, the County selected SunTrust Bank as the successful bidder for a $10 million line of
credit to provide financing for the acquisition of land in St. Lucie County for a new research and education
Center. On April 13, 2004, the County approved a resolution approving a loan agreement and promissory
note.
FUNDS AVAILABLE: See Attached Budget Resolution 04-164
PREVIOUS ACTION: see above
RECOMMENDATION: Staff recommends the Board approve Budget Resolution 04-164 to establish the
budget for the acquisition of land for a new research and educational center.
COMMISSION ACTION:
[X] APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
County Attorney:
✓ ;2
Other Dept: Public Works:
CONCURRENCE:
Anderson
Administrator
Coordination/Signatures
Management & Budget-,�kq urchasing:
Utilities Other:
Finance: (Check for Copy only, if applicable)
G:\BUDGEIIWP\AGENDA'S\AGENDA04\6' 15RES EARCHPARKL.DOC
n
E5
RESOLUTION NO. 04-164
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners
budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have
become available in the form of a $10,000,000 Line of Credit for the purpose of acquiring land for
the new research and educational center.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to
adopt a resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida, in meeting assembled this 8th 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 County's
budget is hereby amended as follows:
REVENUES
316-1930-384200-1628 Loan Proceeds $10,000,000
APPROPRIATIONS
316-1930-561000-1628 Land $10,000,000
After motion and second the vote on this resolution was as follows:
Commissioner Paula A. Lewis, Chairperson
Commissioner John Bruhn, Vice Chairperson
Commissioner Cliff Barnes, Chairperson
Commissioner Doug Coward
Commissioner Frannie Hutchinson
PASSED AND DULY ADOPTED THIS 8TH DAY OF JUNE, 2004.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
G:\BUDG EnWP\AG ENDA'SW GENDA04\6' l 5RESEARCHPARKL.DOC
COUNTY ATTORNEY
CC: Adm,-e
Rnavice-
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>3. LeP�ly
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RESOLUTION NO.04-134
M
�Y
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
PROVIDING FOR THE BORROWING OF NOT EXCEEDING
$10,000,000 TO PROVIDE FINANCING FOR THE COST OF
ACQUIRING LAND FOR A NEW RESEARCH AND
EDUCATION CENTER WITHIN THE COUNTY; PROVIDING
FOR THE APPROVAL OF A PROPOSAL TO MAKE A TERM
LOAN TO THE COUNTY FOR SUCH PURPOSE; PROVIDING
FOR THE ISSUANCE OF AN IMPROVEMENT REVENUE NOTE,
SERIES 2004 (LAND ACQUISITION), AS EVIDENCE OF THE
COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN;
PROVIDING AS SECURITY FOR THE PAYMENT OF THE
NOTE A COVENANT TO BUDGET AND APPROPRIATE FROM
LEGALLY AVAILABLE NON -AD VALOREM REVENUES OF
THE COUNTY; AUTHORIZING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT BETWEEN THE
COUNTY AND THE BANK; AUTHORIZING FURTHER
OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY
OF THE NOTE AND THE LOAN AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the
provisions of the Act.
Section 2. Definitions. The following terms shall have the following meanings when used
in this resolution unless the context clearly requires otherwise. Words importing singular number
shall include the plural number in each case and vice versa, and words importing persons shall
include firms and corporations. Capitalized terms used herein and not otherwise defined shall have
the meaning set forth in the Loan Agreement.
"Act" means Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the
Board, as amended, and other applicable provisions of law.
"Bank" means SunTrust Bank, Orlando, Florida.
"Board" means the Board of County Commissioners, as the governing body of the County.
"Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice
Chairman.
`'Nw
"Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's
absence, any Deputy Clerk.
"County" means St. Lucie County, Florida, a political subdivision of the State of Florida.
"County Administrator" means the County Administrator of the County.
"Covenant" means the covenant to budget and appropriate moneys to pay the Note contained
in Section 10 of the Loan Agreement.
"Financial Advisor" means RBC Dain Rauscher Inc.
"Loan" means the advance of moneys from the Bank to the County pursuant to the Loan
Agreement.
"Loan Agreement" means the Loan Agreement between the Bank and the County setting
forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A, with
such modifications and changes thereto as shall be approved by the Chairman, upon the advice of
the County Attorney, such approval to be evidenced by the Chairman's execution thereof.
"Note" means the Improvement Revenue Note, Series 2004 (Land Acquisition), of the
County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A, with
such modifications and changes thereto as shall be approved by the Chairman, upon the advice of
the County Attorney, such approval to be evidenced by the Chairman's execution thereof.
"Paying Agent" means the Clerk of the Circuit Court of the County.
"Project" means the acquisition of land for a new research and education center within the
County, and all costs incidental thereto.
"Proposal" means the proposal of the Bank to make the Loan, the form of which is attached
hereto as Exhibit B.
"Project Costs" means all or a portion of the cost of undertaking the Project including, but
not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs
and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial
advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the
County for any sums heretofore expended for the foregoing purposes to the extent permitted under
the Code; and such other costs and expenses as may be necessary or incidental to the financing of
the Project.
"Resolution" means this resolution and all resolutions amendatory hereof and supplemental
hereto.
M
Lon
Section 3. Findings. It is hereby found, declared, and determined by the Board:
(A) It is necessary and in the best interests of the health, safety and welfare of the County
and its inhabitants that the County undertake the Project. The County is authorized pursuant to the
provisions of the Act to undertake the Project.
(B) The County is without adequate, currently available funds to pay Project Costs, and
it is necessary and desirable and in the best interests of the County that it borrow the moneys
necessary for the Project. The County is authorized pursuant to the provisions of the Act to borrow
moneys necessary to pay the Project Costs.
(C) The County has received proposals from various lending institutions in connection
with the Project, and has detemined, upon recommendation of the County's Financial Advisor, that
it is in the best interests of the County to accept the Proposal of the Bank, the form of which is
attached to the Loan Agreement.
(D) It is necessary and desirable and in the best interests of the County that it enter into
the Covenant to secure repayment of the Loan.
(E) It is necessary and desirable and in the best interests of the County to authorize and
approve the execution and delivery of the Loan Agreement and the Note, and the taking of all other
action in connection with the consummation of the Loan.
Section 4. Authorization of Note. Subject and pursuant to the provisions hereof and in
accordance with the provisions of the Loan Agreement and the Proposal, the issuance by the County
of its Improvement Revenue Note, Series 2004 (Land Acquisition), in a principal amount not to
exceed $10,000,000, to be dated, to bear interest, to be payable, to mature, to be subject to
redemption and to have such other characteristics as provided in the Loan Agreement and the
Proposal, and to be secured solely by the Covenant, is hereby authorized.
Section 5. Approval of Proposal. The County Administrator, upon the recommendation
of the Financial Advisor, is hereby delegated the authority to accept the Proposal on behalf of the
County. The County Attorney and Bond Counsel are hereby authorized and directed to proceed to
prepare the necessary documents to consummate the Loan.
Section 6. Approval of Form of Loan Agreement and Note. The Loan Agreement and
the Note are hereby approved, and the Chairman and Clerk are hereby authorized to execute and
deliver the Loan Agreement and the Note to the Bank.
Section 7. Authorization of Other Action. The Chairman, the Clerk, the County
Administrator, the Finance Director, and the County Attorney are each designated agents of the
County in connection with the execution and delivery of the Loan Agreement and the Note and are
authorized and empowered, collectively or individually, to take all action and steps to execute and
deliver any and all instruments, documents or contracts on behalf of the County which are necessary
or desirable in connection with the execution and delivery of the Loan Agreement and the Note to
*%re *400,
the Bank, including, but not limited to, the making of modifications to the Loan Agreement and the
Note to conform the provisions thereof to the provisions of the Proposal.
Section 8. Application of Proceeds of Loan. The proceeds of the Loan shall be applied
solely to the payment of Project Costs.
Section 9. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict
with this resolution are hereby repealed to the extent of such conflict.
Section 10. Severability. If any one or more of the covenants, agreements, or provisions
of this resolution should be held contrary to any express provision of law or contrary to the policy
of express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void
and shall be deemed separate from the remaining covenants, agreements or provisions, and in no
way affect the validity of all other provisions of the Resolution or of the Note or Loan Agreement
delivered hereunder.
Section 11. Amendment. This resolution may not be amended or repealed except with the
prior written consent of the Bank.
Section 12. Effective Date. This resolution shall take effect immediately upon its adoption.
Passed and Adopted this 13"' day of April 2004, at a regular meeting duly called and held.
ATTEST: fI Vol 4
Cl4ofCircuit Court;
ex-officio Clerk of the Board
ST. LUCIE COUNTY, FLORJDA
(SEAL)
By:
Chairman,
Board of County Commissiofiers
APPROVED AS TO FORM AND
EXHIBIT A
FORM OF LOAN AGREEMENT
`vl
EXHIBIT B
PROPOSAL
AGENDA REQUEST
COUNTY
F L O R l D A
ITEM NO. C-611
DATE: June 8, 2004
REGULAR []
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: OMB
PRESENTED BY: Marie Gouin
SUBJECT: Approve Resolution 04-163 amending Resolution 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 $1,500 as additional funding for the summer tennis league. Budget Resolution Number 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 revenue account has been changed to record the additional funding correctly.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: On May 25, 2004 the Board approved Budget Resolution Number 04-115 and acceptance
of the grant from USA Tennis Florida in the amount of $1,500.
RECOMMENDATION: Staff recommends that the Board approve Budget Resolution Number 04-163 amending
Budget Resolution Number 04-115 to correct a scrivener error.
COMMISSION ACTION:
�(] APPROVED [ ] DENIED
[ ) OTHER:
Approved 5-0
CONC NCE:
oug Anderson
County Administrator
Coordination/Signatures
County Attorney: XX o- 4. Management & Budget: XX Purchasing:
Originating Dept: Other:
Finance: (Check for Copy only, if applicable)
G:\BUDGEnWP\AGENDA'S\AGENDA04\6'8 SCRIVENER.DOC
RESOLUTION NO. 04-163
A RESOLUTION, AMENDING RESOLUTION
NUMBER 04-115 TO CORRECT SCRIVENER
ERROR
WHEREAS, the St. Lucie County Board of County Commissioners has made the following
determination:
1. On May 25, 2004, the St. Lucie County Board of County Commissioners adopted Resolution
Number 04 - 115 which appropriated funds for fiscal year 2003 - 2004 from the USA Tennis
Florida organization to the St. Lucie County Parks and Recreation..
2. Due to a scrivener error in an account number allocating funds, it is necessary to amend
Resolution Number 04-115.
NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County
Commissioners :
1. Resolution Number 04-115 is hereby amended as follows:
REVENUES
001811-7216-366930-7103 Contributions from Private Sources $1,500
APPROPRIATIONS
001811-7216-534000-7103 Other Contractual Services $1,500
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 81h DAY OF JUNE, 2004.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
2
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO C-7A
DATE: 6/8/04
REGULAR( )
PUBLIC HEARING ( )
CONSENT (X)
PRESENTED BY:
SUBMITTED BY: Purchasing Department Ed Parker, Purchasing Director
SUBJECT: Fourth amendment to Contract No. CO2-04-399 with The Terminix International
Company
BACKGROUND: On April 23, 2002 the Board of County Commissioners entered into a two-year
contract with two one-year renewal options with The Terminix International Company for Pest Control
Services. Staff is now requesting approval to exercise the first one-year option to extend the terms of
the contract through and including May 9, 2005.
FUNDS AVAILABLE: Funds are available in the various departments "Other Contractual Services"
Account No. 534000
PREVIOUS ACTION: On November 4, 2003 the Board of County Commissioners approved the third
amendment to add six (6) additional facilities (St. Lucie County Fairground Buildings).
RECOMMENDATION: Staff recommends approval of the fourth amendment to contract CO2-04-399
with The Terminix International Company and authorization for the Chairman to sign the amendment
as prepared by the County Attorney.
COMMISSION ACTION:
pq APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
County Attorney:(X) `/<L
Originating Dept::
Finance: (Check for Copy only, if Applicable)
Coordination/Signatures
Mgt. & Budget:
Other:
CE:
Mo4derson
Countv Administrator
Purchasing Mgr.:(X)
Other:
FOURTH AMENDMENT TO THE APRIL 23, 2002 CONTRACT
THIS FOURTH AMENDMENT, is made and entered into this day of
2003, by and between ST. LUCIE COUNTY, a political subdivision
of the State
of
Florida, (the
"County")
and THE
TERMINIX INTERNATIONAL
COMPANY or
his,
its or their
successors,
executors,
administrators, and assigns,
(the "Contractor").
WHEREAS, on April 23, 2002, the parties entered into a contract whereby
the Contractor agreed to provide pest control services; and,
WHEREAS, on August 13, 2002, the parties executed the First Amendment
to the Contract changing the addresses of three (3) of the County's Facilities; and,
WHEREAS, on November 26, 2002, the parties executed the Second
Amendment to the Contract adding one (1) additional facility (Airport Maintenance
Building) to the Contract; and
WHEREAS, on November 4, 2003 the parties executed the Third
Amendment to the Contract adding six (6) additional facilities (St. Lucie County
Fairground's Buildings).
WHEREAS, the parties desire amend the Contract to extend the terms and
conditions for the first of the two one-year renewal options.
NOW, THEREFORE, in consideration of the mutual promise contained herein,
the parties agree to amend the Contract as follows:
1. Paragraph 6. TERM shall be amended to read as follows:
6. TERM
Unless terminated as provided for herein, the term of this
Contract shall be for a period beginning on May 10, 2002 and
continue through and including May 9, 2005. Upon mutual
agreement, the parties may extend the terms of the Contract
for one (1) additional one-year term.
2. Except as amended herein, all other terms and conditions of the
Contract shall remain in full force and effect.
1
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
DEPUTY CLERK
WITNESSES:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS
COUNTY ATTORNEY
THE TERMINIX INTERNATIONAL
COMPANY
AS
Authorized Representative
Print Name:
Title:
1
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: PURCHASING
Ifto
ITEM NO. C713
DATE: 6/8/04
REGULAR( )
PUBLIC HEARING( )
CONSENT (X)
PRESENTED BY:
Ed Parker, Purchasing Director
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
PREVIOUS ACTION: 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:
APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
L.
County Attorney: ( X)
Originating Dept:
Finance: (Check for Copy only, if Applicable)
Coordination/Signatures
Mgt. & Budget:
Other:
uuuT/-\nuerson
County Administrator
Purchasing Dir.: (X)�
Other:
m
m
ST. LUCIE COUNTY PURCHASING DEPARTMENT
REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY
TODAY'S DATE: 6/01/2004
1. INVOICE DATE (IF NEW PURCHASE):
2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE):
3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # :
Central Services/ Fleet /Veterans
4. LOCATION CODE: RPVETS
5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING
OR DISPOSING OF): 403797 & 403798
6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.):N/A
7. DESCRIPTION OF PROPERTY: 15 Passenger Vans
8. MAKE: Ford
9. MODEL NUMBER: Club Wagon
10. SERIAL NUMBER: N/A
11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD,
TRADED, ETC.): Surplus
(DEPARTMENT HEAD OR AUTHORIZED PERSON)
THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR
TRANSFERRED FROM ONE DEPT. 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.
n
en
ST. LUCIE COUNTY PURCHASING DEPARTMENT
PROPERTY ACQUISITION / DISPOSITION / TRANSFER FORM
TODAY'S DATE: 5/3/2004
1. INVOICE DATE (If new purchase):
2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase):
3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from):
4. LOCATION CODE (dept. transferred from):
5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or
disposing of): 800023 to Landfill (junked)
6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991
7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase):
8. COMPLETE DESCRIPTION OF COMMODITY:
9. MAKE: Jacobsen T'
10. MODEL NUMBER: Greens King '
11. SERIAL NUMBER: 62228-3398
12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.):
Junk
Department ad of Authorized Person Signature Only:
This form is to be used for all capitol 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 the purchase order and submit to Finance for payment. Finance will send
on to purchasing. (if you are unsure of any part of the information requested, you'll
need to call the vendor). This information is extremely important for the fixed assets
records.
B. If disposing of or transferring an item, fill out form and sent to purchasing.
n
E5
ST. LUCIE COUNTY PURCHASING DEPARTMENT
PROPERTY ACQUISITION / DISPOSITION / TRANSFER FORM
TODAY'S DATE: 5/3/2004
INVOICE DATE (If new purchase):
2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase):
3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from):
4. LOCATION CODE (dept. transferred from):
5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or
disposing of): 800022 to Landfill (junked)
6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991
7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase):
8. COMPLETE DESCRIPTION OF COMMODITY:
9. MAKE: Jacobsen
F ,.a
10. MODEL NUMBER: Greens King
11. SERIAL NUMBER: 62228-3445 =.
12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.):
Junk
Departmen Head of Authorized
Person Signature Only:
This form is to be used for all capitol 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 the purchase order and submit to Finance for payment. Finance will send
on to purchasing. (if you are unsure of any part of the information requested, you'll
need to call the vendor). This information is extremely important for the fixed assets
records.
B. If disposing of or transferring an item, fill out form and sent to purchasing.
V
M
M
ST. LUCIE COUNTY PURCHASING DEPARTMENT
PROPERTY ACQUISITION / DISPOSITION / TRANSFER FORM
TODAY'S DATE: 5/3/2004
INVOICE DATE (If new purchase):
2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase):
3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from):
4. LOCATION CODE (dept. transferred from):
5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or
disposing of): 800097 to Landfill Qunked)
6. YEAR ACQUIRED (if transferred/donated/traded, etc.):
1993
7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase):
8. COMPLETE DESCRIPTION OF COMMODITY:
9. MAKE: Kawasaki
10. MODEL NUMBER: Mule #KAF200131
11. SERIAL NUMBER: JJKlAFBB12PG501422
12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.):
Junk c
Department -Head of Authorized Person Signature Only:
This form is to be used for all capitol 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 the purchase order and submit to Finance for payment. Finance will send
on to purchasing. (if you are unsure of any part of the information requested, you'll
need to call the vendor). This information is extremely important for the fixed assets
records.
B. If disposing of or transferring an item, fill out form and sent to purchasing.
Rm
`o
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 #:
St. Lucie Co. BOCC - OMB, Roger Poitras Annex, 2"d floor.
4. LOCATION CODE: 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: 9550
10. SERIAL NUMBER: 2864100096
11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD,
TRADED, ETC: Surplus _
(DEPA TMENT HEAD OR AUTHORIZED PERSON)
THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED -OF' QF
TRANSFERRED FROM ONE DEPT. TO ANOTHER. c -
A. WHEN PURCHASING AND ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND
"RECEIVING" COPY OF P.O. AND SUBMITTO 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.
ST. LUCIE COUNTY PURCHASING DEPARTMENT
PROPERTY ACQUISITION / DISPOSITION / TRANSFER FORM
TODAY'S DATE: 5/3/2004
1. INVOICE DATE (If new purchase):
2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase):
3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from):
4. LOCATION CODE (dept. transferred from):
5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or
disposing of): 800017 to Landfill (junked)
6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991
7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase):
8. COMPLETE DESCRIPTION OF COMMODITY:
9. MAKE: Toro
10. MODEL NUMBER: Groundsmaster #322-D
11. SERIAL NUMBER: 30788-11029
12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.):
Junk
Department Read of Authorized Person Signature Only:
This form is to be used for all capitol 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 the purchase order and submit to Finance for payment. Finance will send
on to purchasing. (if you are unsure of any part of the information requested, you'll
need to call the vendor). This information is extremely important for the fixed assets
records.
B. If disposing of or transferring an item, fill out form and sent to purchasing.
m
U
ST. LUCIE COUNTY PURCHASING DEPARTMENT
REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY
TODAY'S DATE
1. INVOICE DATE (IF NEW PURCHASE)
2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE)
3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # �r �i7��
4. LOCATION CODE
5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING TO (IF
6. TRANSFERRING
7. OR DISPOSING OF)
8. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) TM
9. DESCRIPTION OF PROPERTY
10. MAKE? ar 1
11. MODEL NUMBER e" 6
12. SERIAL NUMBER
13. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, URPLUS OLD, TRADED, ETC
(DEPART N E THORIZED PERSON)
THIS FO S TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR
TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER.
A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE"
AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT,
FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF
THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS
INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.
B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO
PURCHASING.
INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): Purchasing
ITEM NO. C-7C
DATE: 6/8104
REGULAR( )
PUBLIC HEARING ()
CONSENT (X)
PRESENTED BY:
Ed Parker, Purchasing Director
SUBJECT: Bid Waiver and Sole Source Purchase of a Used Water Truck.
BACKGROUND: In accordance with Section 5.5 County Purchasing Manual, the Public Works
Department Staff requests a waiver of the bid process and sole source purchased of a used 1997
Ford F-800 Water Truck with a 2000-gallon tank from Grassette Machinery Inc. for $22,000.
FUNDS AVAILABLE: Account #102203-3920-564000-7801 - Urban & Comm. Forestrty Water
Truck Grant
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board approve the waiver of the bid process and
sole source purchase of used 1997 Ford F-800 Water Truck with a 2000-gallon tank from Grassette
Machinery Inc. for $22,000.
COMMISSION ACTION:
pQ APPROVED [ ] DENIED
[ ] OTHER: approved 5-0
County Attorney:(X)
Originating Dept:
Finance: (Check for Copy only, if Applicable)
Coordination/Signatures
Mgt. & Budget:;(x)
Other:
CONCU
MjUg'Anaerson
County Administrator
�C
Purchasing Mgr.:(X)
Other:
r SW
THE BASES FOR THIS SOLE SOURCE DETERMINATION AND THE REASON NO
OTHER VENDOR IS SUITABLE:
On September 17, 2002 we received St. Lucie County Board of County
Commission's permission to apply for a Florida Department of Agriculture and
Consumer Services grant via Resolution 02-231, and September 24, 2002 we
submitted the completed RFP / Grant Application. On April 2, 2003 we received
a letter from FDACS awarding us the $15,000.00 grant towards the purchase of a
water truck. On July 31, 2003 we received "Authorization to Proceed" letter from
FDACS.
On October 7, 2003 we received the "Grants Accounting Request" for revenue
account 102203-3920-334910-7801 budgeting $30,000.00 (50% County share &
50% to be reimbursed by FDACS). On April 6, 2004 we received SLC BOCC
approval to approve Budget Resolution 04-106 (to move $15,000.00 from 102-
3920-563000-7801 the "Tree Fine & Mitigation Fund" for our local match), and
the Equipment Request EQ04-245 (to be able to add equipment to the SLC
fleet), and Budget Amendment BA04-141.
Once we had the funds secured in the appropriate accounts, St. Lucie County
Environmental Resources Division began actively searching for a water truck to
meet our needs and fall within the budgeted amount of funds. Since we only
have a total of $30,000 to spend, and new water trucks cost an average of
$100,000, we realized we were limited to a used vehicle. We looked for a truck
in good condition with a 2000 gallon tank and four wheel drive, or at least tires
that can travel off road to water the plants we install for restoration projects.
Search sources we used included "Heavy Equipment Trader" magazines, the
internet, and information provided by Chuck Padrick, Fleet Maintenance
Supervisor.
The water truck we located at Grassette Machinery Inc. was the only one we
located that met all of the limiting factors set forth.
kJb7 i/'-2 !Jy 1 b - I- bblb�ZbU4!b
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Invoice
GRAS ETTIC MACHINERY INC.
459 AUTUMN TRAIL
WEST PALM BEACH, FI.. 33410
SLL TO
ST- L.UCIE COUNTY
ENvIRO7NmENTA,L RESOURCES DPASION
6120 GL AMS CUTOFF Re7A,D
�i FORTPfRCE, FL, 34981
I
i
i
I
P.O NUMBER TERMS
QUANTITY
i
Due on - ipt
ITEM CODE
024-24 Wi7RK -
REP SHIP � VIA
GG 5/21/2004 CPU
DESCRIPTION -
USED 1997 FORD F-800 WATER -TRUCK
W/2000 GALLA)N TkNK
vIN-i faxf%0o4vva4I548
�+5i2I/2004 j 24424 --
IP TO
CUIS" ONffiR PICK UP
I i so NORTH CLEARY W], W?
l
J
— F.O.B. I PROJECT
PRICE EACH AMOUNT - -i
22,000.04 r- "0
SOJ.,D AS IS AS SHOWN NO WARRANTY EXPRESSED
OR IMPLIED.
Tott1
$22.000.00
O-elo�
Nipe
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AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services
ITEM NO: C-8' A
DATE: June 8, 2004
Regular[ ]
Public Hearing [ ]
Consent [X ]
PRESENTED BY:
Jody Bonet, Transit Manager
SUBJECT: Authorize staff to apply for a Florida Department of Transportation (FDOT) Park and Ride
grant to assist with the planning and construction costs of a Park and Ride facility at Avenue D and 8th Street.
BACKGROUND: The FDOT Park and Ride grant is due on June 15, 2004 and provides an additional
resource for planning and capital investment that encourages carpooling. In Fiscal Year 2004 District 4
FDOT received $480,000 that was distributed between five counties. On the corner of Avenue D and gth
Street there are several vacant lots totaling over an acre in size and the park and ride area is proposed for the
front portion near Avenue D. Grant funds will assist with the acquisition of the land; design and construction
of a park and ride facility for use by the public. Grant funds will also be requested to assist in planning the
locations of future Park and Ride lots that will benefit future carpooling programs with the regions large
employers. If funded, grant dollars will be available in July 2005 and this program does not require a match.
FUNDS AVAIL: No match is required for this grant program.
PREVIOUS ACTION: There has been no previous action.
RECOMMENDATION: Staff recommends the Board authorize staff to apply for a Florida Department of
Transportation Park and Ride grant to assist with the development of a Park and Ride facility at Avenue D
and 8th Street and for planning funds to evaluate possible areas for Park and Ride facilities throughout the
County.
COMMISSION ACTION:
] APPROVED [ ] DENIED
[ ] OTHER Approved 5-0
CON
Coordination/Signatures
Ar
County Attorney: x Maagement & Budget x 7 Purdiasing: x
Originating Department: x Ober:
Finance: x Check for copy only, if applicable
Ober:
Anderson
Park and Ride Lot Program
Purpose
This program provides for the purchase and/or leasing of private land for the construction
of park and ride lots or the promotion of these lots. This program is an integral part of
the commuter assistance program efforts to encourage the use of transit, carpools;
vanpools and other high occupancy modes.
Eligible Recipients
Eligible recipients are public agencies, including municipalities, transit agencies, and
other government agencies.
Eligible Costs
Eligible costs include planning, design, right of way acquisition, engineering, marketing
and construction of park and ride lots. This funding can be up to 100 percent state funds.
Project Solicitation
Projects shall be developed in consultation with eligible recipients, and the need for such
projects shall be justified in the recipient's Transit Development Plan or Long Range
Transportation Plan. Project requests must be submitted to the District Office by June
150' annually. The District Office will review submissions and forward applications to
Florida Department of Transportation Central Office in Tallahassee. Central Office
makes the final determination of grant awards. If the project receives funding the funds
will be available the following July. If a lot_ is being constructed a Maintenance
Agreement must be executed between the Department and the local agency constructing
the park and ride lot outlining the agency's responsibilities for maintenance of the.
facility.
Available Districtwide"Funding "
---- --- -----
Please note that only $1,000,000.00 is available statewide. In Fiscal Year 2004, District
4 FDOT received $480,000.00.
25
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services
R
ITEM NO: C-811
DATE: June 8, 2004
Regular[ ]
Public Hearing [ ]
Consent [X ]
PRESENTED BY:
Jody Bonet, Transit Manager
SUBJECT: Authorize staff to apply for a Florida Department of Transportation (FDOT) Intermodal grant
to assist with the construction costs of an intermodal facility at Avenue D and 81h Street.
BACKGROUND: The FDOT Intermodal grant is due on June 15, 2004 and provides an additional resource
for major capital investment that facilitates the intermodal movement of people and goods. In Fiscal Year
2004 District 4 FDOT received $2,100,000 that was distributed between five counties. Due to the increase in
number of buses, the goal of this project is to expand the bus parking area that is currently located behind
the Juvenile Court area on 7th Street. On the corner of Avenue D and 8th Street there are several vacant lots
totaling over an acre in size. Grant funds will assist with the acquisition of the land; design and construction
of a bus parking area; and a park and ride facility for use by the public. If funded, grant dollars will be
available in July 2005.
FUNDS AVAIL: The 50% local match will be requested from many different grant sources including the Ft.
Pierce CRA, job incentive grant or other sources.
PREVIOUS ACTION: There has been no previous action.
RECOMMENDATION: Staff recommends the Board authorize staff to apply for a Florida Department of
Transportation (FDOT) Intermodal grant funds to assist with the development of an intermodal facility at
Avenue D and 8th Street.
COMMISSION ACTION: YCONCUCE:
[A APPROVED [ ] DENIED
OTHER Approved 5-0
erson
Coordination/Signatures
County Attorney: x Mmagement & Budget x (%urdiasing: x
Originating Department: x Ober: Ober:
Finance: x Check for copy only, if applicable
Intermodal Development Program Guidance
Purpose
The Intermodal Development Program provides an additional resource for major capital
investment in fixed -guideway transportation systems, access to seaports, airports and
Other transportation terminals, providing for the construction of intermodal or multimodal
terminals; and to otherwise facilitate the intermodal or multimodal movement of people
and goods.
Intermodal Development Program will be allocated to the Districts by formula.
Eligible Recipients
Eligible recipients are public agencies eligible to receive FDOT state funding.
Eligible Projects
Projects that are eligible for funding under this program include major capital
investments in public rail and fixed -guideway transportation facilities and systems which
provide intermodal access. and which have complied with the requirement of the
Department's major capital investment policy; road, rail, or fixed -guideway access to, -
from, or between seaports, airports, and other transportation terminals; construction of -- -
intermodal or multimodal terminals' development and construction of dedicated bus
lanes' and projects which otherwise facilitate the intermodal or multimodal movement of
people and goods.
Project Solicitation
Each District will notify eligible recipients of available funding annually. Project
requests must be submitted to the District Office by June 15t' annually.
Available Districtwide Funding
Please note that in Fiscal Year 2004 District 4 FDOT received $2,100,000.00 that was
distributed throughout its five counties.
R"
cm
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services
ITEM NO: C-8C
DATE: June 8, 2004
Regular[ )
Public Hearing [ )
Consent [X )
PRESENTED BY:
Jody Bonet, Transit Manager
SUBJECT: Authorize staff to apply for a Florida Department of Transportation (FDOT) Public Transit
Service Development grant for a downtown shuttle in Port St. Lucie and in Ft. Pierce and approve the 50%
match from the Public Transit MSTU.
BACKGROUND: The FDOT Public Transit Service Development grant program was enacted by the Florida
Legislature to provide initial funding for new projects that improve or expand public transit. Grant requests
are due June 15, require a 50% match and can cover operational costs for three years. If funded, grant
dollars will be available in July, 2005. In Fiscal Year 2004, FDOT District 4 received $900,000 that was
distributed throughout its five counties. The proposed projects combine requests from both Port St. Lucie
and Ft. Pierce for the implementation of a downtown shuttle service for each municipality. Both proposed
shuttle services will link to and improve ridership on the Treasure Coast Connector. The proposed projects
are consistent with the St. Lucie Area Transit Development Plan 2002-2006 which is a requirement of the
grant program.
FUNDS AVAIL: The 50% Local Match for one year of service is S378,159 and will come from the Public
Transit MSTU (130-4910-582015-400).
PREVIOUS ACTION: The BOCC and the MPO has approved the Transit Service Development Plan.
RECOMMENDATION: Staff recommends the Board Authorize staff to apply for a Florida Department of
Transportation (FDOT) Public Transit Service Development grant for a downtown shuttle in Port St. Lucie
and in Ft. Pierce and approve the 50% match from the Public Transit MSTU.
COMMISSION ACTION:
DQ APPROVED [ ) DENIED
[ ) OTHER
County Attorney: x,
Approved 5-0
Originating Department: x.
CONCURREN
Coordination/Sigynatures
Mmagement & Budget x j1 / / {`/ irdiasing:
Oher: Ober:
Anderson
Finance: x Check for copy only, if applicable
0.5 0 0.5 1 Mile
Recommended Route Alternatives
Maintain Countywide Paratransit (Alternative 1)
US 1 Corridor (Alternative 7)
-- FTP Fixed Route 1 (Alternative 9)
=' — FTP Fixed Route 2 (Alternative 11)
1/4 Mile Service Area
Employment Centers
o Major Employers
o Public Facilities
n Schools
o Shopping Centers
o Major Developments
Cities
Fort Pierce
St. Lucie Village
LQ m'....W.•
d
ST. LUCIE UNBRN R CA
St. Lucie
Urban Area MPO
Transit
Development Plan
Tindale-Oliver & Associates, Inc
K- December 2001
St. Lucie Urban Area MPO
6-13 Transit Development Plan
n
In
AGENDA REQUEST
ITEM NO. C - 9 - A
DATE: June 8, 2004
REGULAR[ ]
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY: Airport Paul A. Phillips
SUBJECT: Award of Bid (#03-029) to Dickerson Florida, Inc. for the Extension of Taxiway A
BACKGROUND: In April 2003 bids were opened for the St. Lucie County International Airport
Taxiway A Extension project. All of the bids exceeded the budget; therefore new bids were
requested. In August 2003, after the project scope for the Taxiway A project was changed, Bid #03-
029 was accepted by the Purchasing Department. As indicated in the Bid Tabulation sheet there
were three bids received with Dickerson Florida as the lowest bidder. Also attached is the airport
engineer's recommendation to award this project to the low bidder, Dickerson Florida. This project
is consistent with the Board approved Airport Master Plan and Airport Economic Development
Strategic Business.
FUNDS AVAILABLE IN ACCT#: Funds of $249,065 are available in the Improvements Other
Than Buildings (Extension of Taxiway A) account (140317-4220-563000-48003).
PREVIOUS ACTION: In June 2001, the Board accepted the Florida Department of Transportation
(FDOT) Joint Participation Agreement (JPA) for $220,000. In June 2002, the Board approved Work
Authorization (WA) # 24 with Williams, Hatfield & Stoner for $73,935 for design, bid, and
construction services. In April 2003, the Board rejected all of the bids and the project was rebid. In
May 2004, the Board approved a supplemental JPA for $38,400 for a project total of $323,000.
RECOMMENDATION: Staff recommends that the Board of County Commissioners award the Base
Bid of $232,190 to Dickerson Florida, Inc. for the extension of Taxiway A project (bid #03-029) at
St. Lucie County International Airport.
COMMISSION ACTION:
HAPPROVED [ ]DENIED
[ ]OTHER: Approved 5-0
Reviews & Approvals(��
County Attorney: OMB l�ta
Originating Dept: AIRPORT . Other:
Finance:(Check for Copy only 1 applicable)
Other:
Y
TETRATECH WHS
Williams, Hatfield & Stoner, Inc.
September 22, 2003
Mr. Paul Phillips
Airport Manager
St Lucie County International Airport
2300 Virginia Avenue
Fort Pierce, Florida 34982
Dear Mr. Phillips:
TAXIWAY "A" EXTENSION
ST LUCIE COUNTY INTERNATIONAL AIRPORT
BID NO. 03-29A
E5
Williams, Hatfield & Stoner, Inc. has reviewed the bid information provided by the lowest responsive bidder,
Dickerson Florida, Inc. and are prepared to recommend awarding the project to the subject firm.
Our evaluation has included a review of the information provided as part of the bid and a comparison of base bids by
all three respondents (copy of the bid tabulation is enclosed). Dickerson was the contractor for the FBO Apron
Improvements and the Taxiway Improvements completed in 2002 at the airport in which they performed favorably.
Therefore, we did not conduct a reference check.
Reviewing the base price proposal Dickerson Florida was the low responsive bidder by $10,490 and was over the
engineer's estimate by 23%. There were 3 bids submitted for the project that vary between 4.5% and 19% of the
base bid. Most of the differences were in the pay items for mobilization and the bituminous surface course, which
were high compared with the engineers estimate. The bid price for mobilization was 3 1 % of the contract price.
As you know this project was re -bid due to budget constraints. The work was reviewed and it was determined that
the pavement design to accommodate aircraft movements turning south on Taxiway Delta could be reduced in view
of the fact that Taxiway Delta is to be redeveloped into apron area in the near future. The contract documents were
revised accordingly. However, the bids that were submitted were over the budget of $215,000.00. We know of no
reason not to award the above project to bid to Dickerson Florida, Inc, for the base bid of $232,190 if the funding is
available.
If you should have any questions please do not hesitate to ask.
Very truly yours,
Cindy M. Portnoy, P.E. __—
Project Manager
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AGENDA REQUEST
ITEM NO. C - 9 - B
DATE: June 8, 2004
REGULAR[ ]
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY: Airport Paul A. Phillips
SUBJECT: Accept the Florida Department of Transportation (FDOT) Joint Participation Agreement
(JPA) for $508,000 for the Rehabilitation of Taxiway E
BACKGROUND: Currently, the airport has two Fixed Based Operators (FBO) that provide aviation
services at the airport. In December, the Board approved the assignment of approximately 10 acres
located at the intersection of Taxiway E and Taxiway B to Air Charter of Florida. There were
several conditions that needed to be met before this land became available for lease. The first
condition was satisfied in May 2004 when the Board approved the Scope of Work with Kimley-Horn
& Associates to conduct an Environmental Assessment on the proposed site. This agenda item
satisfies the second condition for the use of the property, the acceptance of $508,000 of FDOT
funding towards the rehabilitation of Taxiway E. The rehabilitation of Taxiway E is necessary to
make the property available for lease. This grant provides for 80% of the $635,000 necessary for the
project. The balance of $127,000 was approved by the Board for the airport's fiscal year 2003/2004
budget and is available in the Airport Project Reserve Account. This project is consistent with the
Board approved Airport Master Plan and Airport Economic Development Strategic Business.
FUNDS AVAILABLE IN ACCT#: Matching funds of $127,000 are available in the Airport Project
Reserve account (140-4210-599330-400).
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the
Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize
the Chair to execute the JPA and Resolution 04-166 authorizing the Chair to sign the agreement, for
the Rehabilitation of Taxiway E project at St. Lucie County International Airport. This FDOT grant
provides for $508,000 of the $635,000 required for this project.
COMMISSION ACTION:
*APPROVED f 1T11--ATTnr-1
[ ]OTHER: Approved (5-0)
Reviews & Approvals
CONC13BB E:
County Attorney: OMB urchasing
Originating Dept: l . Other: Other:
Finance:(Check for topy only, if applicable)
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M
RESOLUTION NO. 04-166
A RESOLUTION ACCEPTING THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION PUBLIC
TRANSPORTATION JOINT PARTICIPATION AGREEMENT
(FIN. PROJ. NO. 236665-1-94-01) TO REHABILITATE
TAXIWAY "E" AT THE ST. LUCIE COUNTY INTERNATIONAL
AIRPORT AND AUTHORIZING THE CHAIRPERSON TO
EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING
THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT
BY APPROVING IT AS TO FORM AND CORRECTNESS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The Florida Department of Transportation has awarded the County funding
for to Rehabilitate Taxiway "E" at the St. Lucie County International Airport (Fin.
Proj. No. 236665-1-94-01).
2. The Board should authorize and approve execution of the Public
Transportation Joint Participation Agreement with the State of Florida Department of
Public Transportation for the above -referenced project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
1. The Board hereby accepts and approves the Public Transportation Joint
Participation Agreement with the State of Florida (Fin. Proj. No. 236665-1-94-01) to
provide funding to Rehabilitate Taxiway "E" at the St. Lucie County International
Airport.
2. The Board hereby authorizes the Chairperson to execute the above -
referenced agreement and further authorizes the County Attorney to execute the
agreement by approving it as to form and correctness.
n
n
After motion and second, the vote on this resolution was as follows:
Chair Paula Lewis XXX
Vice -Chairman John D. Bruhn XXX
Commissioner Frannie Hutchinson XXX
Commissioner Doug Coward XXX
Commissioner Cliff Barnes XXX
PASSED AND DULY ADOPTED this day of 2004.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRPERSON
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
2
M
In
Financial Project No.-
236665-1-94-01
( MffWft-P�LWM)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Fund: DS
Function: 637
Contract No.: I Federal No.:
Catalog of Federal Domestic Assistance Number.
725-030-06
PUBLIC TRANSPORTATION
06/03
Pape 1 of 12
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55042010428
Vendor No.: VF596000835030
Catalog of State Financial Assistance Number. 55004
THIS AGREEMENT, made and entered into this day of 0
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under 332.006(6)
Florida Statutes, to enter into this Agreement
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
Rehab Taxiway E
and as further described in Exhibits) A, B, & C attached hereto and by this reference made a part
hpfpof, hereinafter referred to as the protect, and to provide Departmental financial assistance to the Agency and
state the terms and conditions upon which such assistance will be provided and the understandings as to the
Tonnof in which the project will be undertaken and completed.
725.030-06
PUBLIC TRANSPORTATION
0=3
2.00 Accomplishment of the Project Pape 2 of 12
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and
efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 635,000 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 508,000 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding : Front end funding 0 is 0 is not applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage : Retainage Q is QQ is not applicable. If applicable, percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
725-030.06
PUBLIC TRANSPORTATION
06M
6.00 Project Budget and Payment Provisions: Pape 3 of 12
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and
is approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State
and Local Governments", separate accounts to be maintained within its existing accounting system or establish
independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of
the project account shall be made available to the Department upon request any time during the period of the
Agreement and for three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the
manner as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall 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 access to such records and working papers upon request. The
following requirements do not limit the authority of the Department 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.
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7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal
year, the Agency must have a single or program -specific audit conducted in accordance with the provisions of OMB
Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000,
this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB
Circular A-1 33, the cost of the audit must be paid from non -Federal funds.
The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and
the Auditor General access to the Agency's records and financial statements as may be necessary for complying with
the requirements of 31 U.S.C. 7501 et seq.
Pursuant to OMB Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any
management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular
A-133, to the Department and to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal
year, the Agency must have a State single or project -specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the
Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of
State awards except State awards received for Federal program matching requirements which shall be excluded from
consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit
is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97,
F.S., the cost of the audit must be paid from non -State funds.
The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and
independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, F.S.
The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97,
F.S., and applicable Rules of the Auditor General to the Department and to:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of
the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to
eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency
shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
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7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the
Department of Transportation, District 4 Public Transportation Office 3400 W. Commercial Blvd. R. Lau . FL
33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(1) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(3) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if.
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
furnished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of
its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the
project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which,
under this agreement, requires the approval of the Department or has made related expenditures or incurred
related obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained
herein; or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to
the project suspends or terminates federal financial assistance to the project. In the event of suspension or
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
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8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any
other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered
improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of
Its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the
actions required therein which may include any or all of the following: (1) necessary action to terminate or
suspend, as the case may be, project activities and contracts and such other action as may be required or
desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a
statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as project costs; and (3) remit to the Department such portion of the financing and any advance
payment previously received as is determined by the Department to be due under the provisions of the
Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and
budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval
of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute
a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, F.S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in paragraph 823. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation ActAt the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49
CFR Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard) commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title Vill - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes
a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C.12102, et. seq.), the
regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in connection with the project or any property included or planned to be
included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shall not participate in any action by the
Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in
connection with the project or any property included or planned to be included in any project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental
agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14AO How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories
and develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
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17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Mufti -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term
for a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
7/31 /06 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
_ Director Transportation Development . Expiration of this Agreement will be considered termination
of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
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21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency-
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies
otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial
Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are
received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department
of Financial Services Hotline, 1-800-848-3792.
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287.133(2)(a) "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 s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list 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.
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236665-1-94-01
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
St. Lucie County Board of County Commissioners
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Director, Transportation Development
TITLE TITLE
Fin. Proj. No.: 236665-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and
St Lucie County International Airport
PROJECT LOCATION: St. Lucie County International Airport
PROJECT DESCRIPTION: Rehab Taxiway E
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule
of project assistance that will reflect the Department's contract number, Financial Project
Number and the Federal Identification number, where applicable and the amount of state
funding action (receipt and disbursement of funds) and any federal or local funding
action and the funding action from any other source with respect to the project.
The plans and specifications review required in paragraph 15.00 of the Agreement shall
include an Engineer Certification and compliance with Department requirements as
outlined in Exhibit "C".
SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A
Fin. Proj. No.: 236665-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and
St. Lucie County Board of County Commissioners
TOTAL PROJECT COST: $635,000
PARTICIPATION:
Federal Participation:
FAA, FTA, UMTA, etc. 0.00% $0
Agency Participation:
In-Knd
Cash 20.00% $127,000
Other
Maximum Department Participation:
Primary (DS) (DDR) (DIM) (PORT) 80.00% $508,000
Federal Reimbursable (DU) (FRA) (DFTA)
Local Reimbursable (DL) $0
TOTAL PROJECT COST: $635,000
cm
M
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
Fin. Proj. No: 236665-1-94-01
Contract No.:
Agreement Date:
This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida,
Department of Transportation and the St Lucie County Board of County Commissioners
A. General
1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an airport
development or noise compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any event not to exceed
twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the
duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used
as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect
to real property acquired with state funds.
2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the
Agency takes any action that is not consistent with these assurances, the full amount of this Agreement
will immediately become due and payable to the Florida Department of Transportation.
B. General Assurances
The Agency hereby assures that:
1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Department that good title will be acquired.
2. Preserving Rights and Powers:
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in the
Agreement without the written approval of the Department, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere with
such performance by the Agency. This shall be done in a manner acceptable to the Department.
b. If an arrangement is made for management and operation of the airport by any agency or
person other than the Agency or an employee of the Agency, the Agency will reserve sufficient
rights and authority to ensure that the airport will be operated and maintained according to
applicable federal and state laws, regulations, and rules.
3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and
visual operations at the airport (including established minimum flight altitudes) by removing, lowering,
Joint Participation Agreement (JPA) Exhibit C
Page 1
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M
relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport
zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions
and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport.
The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise.
The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted
change in local land use regulations that would adversely affect the continued level of airport operations
by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the
Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments,
including proposed and granted variances thereto.
S. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan
adopted into the local government comprehensive plan at the earliest feasible opportunity.
c. Airport Layout Plan:
a. It will keep a layout plan of the airport up to date showing:
(1) Boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the Agency for airport purposes and
proposed additions thereto;
(2) Location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all
proposed extensions and reductions of existing airport facilities; and
(3) Location of all existing and proposed non -aviation areas and of all existing
improvements thereon.
b. Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Department. The Agency will not make or permit any changes or
alterations in the airport or any of its facilities that are not in conformity with the airport layout plan
as approved by the Department and which might, in the opinion of the Department, adversely
affect the safety, utility, or efficiency of the airport.
7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at
the airport which will make the airport as self-sustaining as possible under the circumstances existing at
the particular airport taking into account such factors as the volume of traffic and economy of collection. If
this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures
that the revenue will be at fair market value or higher.
8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating
costs of the airport; the local airport system; or other local facilities which are owned or operated by the
owner or operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property, or for environmental or noise mitigation purposes on or off the
airport.
9. Financial Plan: It will develop and maintain a cost -feasible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial
plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing
considering availability of state funding and local funding and the likelihood of federal funding under the
Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan
Joint Participation Agreement (JPA) Exhibit C
Page 2
09
i
shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The
JACIP Online information shall be kept current as the financial plan is updated.
10. Operation & Maintenance: The airport and all facilities which are necessary to serve the
aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may be required or prescribed by applicable federal and state
agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity
or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily
close the airport for non -aeronautical purposes must first be approved by the Department. The Agency
will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the
airport. Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when flooding or other climatic conditions interfere with such
operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the Agency.
11. Economic Nondiscrimination: It will make the airport available as an airport for public use on
reasonable terms and without unjust discrimination to all types, kinds, and Gasses of aeronautical
activities, including commercial aeronautical activities offering services to the public at the airport.
12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing,
or intending to provide, aeronautical services to the public.
13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for
the airport. Further, it will avoid any action that renders the airport ineligible for federal funding.
14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this
Agreement within two years after the date of this Agreement or the Department of Transportation may
terminate this Agreement. The Agency may request a one-year extension of this two-year time period.
The District Secretary shall have approval authority.
15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose
of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise
compatibility program project, that portion of the property upon which state funds have been expended,
for the duration of the terms, conditions, and assurances in the Agreement without approval by the
Department.
16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to
disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or
any part of this project if the specific consultants, contractors, or subcontractors have a record of poor
project performance with the Department. Further, the Agency assures that it will grant the Department
the right to disapprove the proposed project scope and cost of professional services.
C. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
1. Project Scope: Execute the project in accordance with the approved project narrative or with
approved modifications.
2. Reports: Furnish the Department with such periodic project and work activity reports as required.
3. Public Information: Make such material available for examination by the public. No material
prepared under this Agreement shall be subject to copyright in the United States or any other country.
Joint Participation Agreement (JPA) Exhibit C
Page 3
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4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this Agreement.
5. Department Guidelines: Comply with Department airport master planning guidelines if the project
involves airport master planning or developing an airport layout plan. This includes:
a: Providing copies, in electronic and editable format, of final project materials to the Department.
This includes computer -aided drafting (CAD) files of the airport layout plan.
b. Developing a cost -feasible financial plan, approved by the Department, to accomplish the
projects described in the airport master plan or depicted in the airport layout plan. The cost -
feasible financial plan shall realistically assess project phasing considering availability of state
and local funding and the likelihood of federal funding under the Federal Aviation Administration's
priority system.
c. Entering all projects contained in the cost -feasible plan out to twenty years in the Joint
Automated Capital Improvement Program (JACIP) database.
6. No Implied Commitments: Understand and agree that Department approval of this project
Agreement or any planning material developed as part of this Agreement does not constitute or imply any
assurance or commitment on the part of the Department to approve any pending or future application for
state aviation funding.
D. Land Acquisition Projects
If this project involves land purchase, the Agency assures that it will:
1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order
5100.37A; FAA Omer 5050.4A.; chapters 73 and 74, F.S., when property is acquired through
condemnation; and section 286.23, F.S.
2. Administration: Maintain direct control of project administration, including:
a. Maintaining responsibility for all contract letting and administrative procedures necessary for
the acquisition of the land interests.
b. Securing written permission from the Department to execute each agreement with any third
party.
c. Furnishing a projected schedule of events and a cash flow projection within twenty (20)
calendar days after completion of the review appraisal.
d. Establishing a project account for purchase of land interests.
e. Collecting and disbursing federal, state, and local project funds.
3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan
for land purchase according to Chapter 332, F.S.:
a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program
grant for the land purchase within 60 days of executing this Agreement.
b. If federal funds are received for the land purchase, the Agency shall notify the Department by
U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for
Joint Participation Agreement (JPA) Exhibit C
Page 4
M
reimbursing the Department within 30 calendar days to achieve normal project federal, state,
and local funding shares as described in Chapter 332, F.S.
c. If federal funds are not received for the land purchase, the Agency shall reimburse the
Department to achieve normal project state and local funding shares as described in Chapter 332,
F.S., within 30 calendar days after the loan matures.
d. If federal funds are not received for the land purchase and the state funding share of the land
purchase is less than or equal to normal state and local funding shares as described in Chapter
332, F.S., when the loan matures, no reimbursement to the Department shall be required.
4. New Airports:
a. Protect the airport and related airspace by ensuring local government adoption of an airport
zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions
of Chapter 333, F.S., prior to the completion of the project.
b. Apply for federal and state funding to construct a paved runway, associated aircraft parking
apron, and connecting taxiway within one year of the date of land purchase.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land purchase.
5. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses
the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment,
fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems,
including but not limited to flight operations, ground services, emergency services, terminal facilities,
maintenance, repair, or storage.
6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of
this Agreement within ten years after the acquisition date.
7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport
development purposes, disposition of such land will be subject to the retention or reservation of any
interest or right therein necessary to ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the airport.
E. Aviation Construction Projects
If this project involves construction, the Agency assures that it will:
1. Certifications: Provide certifications that:
a. Consultant and contractor selection comply with all applicable federal, state and local laws,
rules, regulations, and policies.
b. All design plans and specifications comply with federal, state, and professional standards and
applicable Federal Aviation Administration advisory circulars.
c. The project complies with all applicable building codes and other statutory requirements.
d. Completed construction complies with the original project plans and specifications.
2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans, specifications, and
Joint Participation Agreement (JPA) Exhibit C
Page 5
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schedules approved by the Department for the project. The Agency assures that it will allow the
Department to inspect the work. The Department may require cost and progress reporting by the
Agency.
3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction
of pavement at the airport, implement an effective airport pavement maintenance management program
and the Agency assures that it will use such program for the useful life of any pavement constructed,
reconstructed, or repaired with state financial assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For all noise compatibility projects that are carried out by another
unit of local government or are on property owned by a unit of local government other than the Agency,
enter into an agreement with that government. The agreement shall obligate the unit of local government
to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes
thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the
agreement if there is substantial non-compliance with the terms of the agreement.
2. Private Agreements: For noise compatibility projects to be carried out on privately owned property,
enter into an agreement with the owner of that property to exclude future actions against the airport. The
Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with
the terms of the agreement.
Joint Participation Agreement (JPA) Exhibit C
Page 6
0
2
2.
ST. LUCIE COUNTY
MOSQUITO CONTROL DISTRICT
John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes
District 1 District 2 District 3 District 4 District 5
AGENDA
June 8, 2004
MINUTES
Approve the minutes of the meeting held May 25, 2004.
GENERAL PUBLIC COMMENT
CONSENT AGENDA
WARRANTS LISTS
Approve Warrants List No. 37 and 38.
MOSQUITO CONTROL
A. Declaration of Surplus Property — Consider staff recommendation to approve to surplus the
District equipment referenced in the list, Board authorize to offer the surplus equipment to
interested Mosquito 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.
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.
r VVII •rr+
MOSQUITO CONTROL DRISTICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: May 25, 2004 Convened: 10:31 a.m.
Tape: 2 Adjourned: 10:31 a.m
Commissioners Present: Chairman, Doug Coward, John D. Bruhn, Cliff Barnes, Frannie
Hutchinson, Paula A. Lewis, absent
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director,
Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk
1. MINUTES (2-045)
It was moved by Com. Bruhn, seconded by Com. Barnes, to approve the minutes of the
meeting held May 11, 2004; and, upon roll call, motion carried unanimously.
2. GENERAL PUBLIC COMMENTS
3. CONSENT AGENDA
It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the Consent Agenda
and, upon roll call, motion carried unanimously.
WARRANT LISTS
The Board approved Warrant List Nos. 35 and 36.
2. MOSQUITO CONTROL
A. Indian River Lagoon License Plat Program FY 2004 Grant
Application- The Board authorized staff to submit the applicant for an
Indian River Lagoon Plate FY 2004 Grant in the amount of $47,
899.00 and provide local match from USDA/NCRS (already received)
in the amount of $104,080.00 and local (District) sources in the
amount of $25,800.00 (plus in kind services).
B. Use Reserves for Replacement of Two Rotary Cutters- The Board
approved Equipment Number EQ04-258 and Budget Amendment No.
BA04-150 and Equipment Request form EQ04-258 for the purchase of
two replacement 8 ft. rotary cutters, in the amount of $7,600.00.
C. Purchase and Installation of Cellular Monitoring System for Bear
Point Mitigation Bank Bud Waiver Request Sole Source Provider of
Integration Services- The Board approved the Bid Waiver for Sole
Source to Locher Environmental Tech., in the amount of $69,241 for
purchase and installation of an integrated Cellular Monitoring System
and approved negotiating a price and contract with Locher for monthly
service and additional materials/parts (quoted service charge of $850.
per month) and approved Equipment Request Form EQ04-260 and
Budget Amendment No. 04-151.
D. Bid Waiver and Piggyback Broward County School Board Project No.
3041-96-08 Mitigation Project (Landscaping) with Native
Technologies, Inc., for a total of $87,959- The Board approved the
waiver of the bid process and gave permission to piggyback Broward
r
County School Board Project No 3041-96-08 and authorized the
Chairman to sign the contract as prepared by the County Attorney.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of Circuit Court
06/04/04 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #38- 29-MAY-2004 TO 04-JUN-2004
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES
145 Mosquito Fund 13,951.60
GRAND TOTAL: 13,951.60
PAGE 1
PAYROLL
30,155.23
30,155.23
i
05/28/04 ST. LUCIE COUNTY - BOARD
FZA-MIKARR WARRANT LIST #37- 22-MAY-2004 TO 28-MAY-2004
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES
145 Mosquito Fund 56,579.97
GRAND TOTAL: 56,579.97
PAGE
PAYROLL
0.00
0.00
Sw `10#
05/28/04
ST. LUCIE
COUNTY - BOARD
PAGE 2
F,7,AB ARR
VOID LIST#
37- 22-MAY-2004 TO
28-MAY-2004
dD: 145
- Mosquito
Fund
CHECK
INVOICE VENDOR
TOTAL
00311699
I2419001 Fla
Department
of Environmenta
100.00
I2419006
100.00
I2419008
100.00
I2419012
100.00
I2419017
300.00
CHECK TOTAL:
700.00
FUND TOTAL:
700.00
I
`0
TO: MOSQUITO CONTROL DISTRICT BOARD
SUBMITTED BY(DEPT): Mosquito Control
SUBJECT: Declaration of Surplus Property
AGENDA REQUEST
ITEM NO. C- 2a
DATE: June 8, 2004
REGULAR[]
PUBLIC HEARING [ ]
CONSENT[X]
PRESENTED BY:
James R. David
BACKGROUND: In order to meet the requirements of Chapter 388.323, Florida Statutes, District surplus equipment must first
be offered to other Mosquito Control Districts through the Department of Agriculture and Consumer Services, Bureau of
Entomology and Pest Control, prior to public sale of the equipment. A list of the individual property record numbers each
surplus item is provided for Board consideration.
FUNDS AVAIL.: N/A
PREVIOUS ACTION: Board approval of Surplus Sales in FY'04 Budget
RECOMMENDATION: Staff recommends Board approval to surplus the District equipment referenced in the attached
list, Board authorization to offer the surplus equipment to interested Mosquito Districts at'junk' value and consideration
of 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..
COMMISSION ACTION:
X APPROVED [ ] DENIED
[ ] OTHER: Approved (5-0)
Review and Approvals
ouglas/nderson
ty Administrator
County Attorney: Management & Budget Purchasing:
Originating Dept. Other: Other:
Finance: (Check for Copy only, if applicable)_
Eff. 5/96
' *41pe 1%0
�s
�ouwry
F
L Q,R
[ O A
TO:
FROM:
DATE:
RE:
BACKGROUND:
MOSQUITO CONTROL DISTRICT
MEMORANDUM
Mosquito Control District Board
James R. David, Mosquito Control Director
May 25, 2004
Approval to Surplus Equipment
In order to meet the requirement of Chapter 388.323, Florida Statutes, District, surplus
equipment must first be offered to other Mosquito Control Districts through the
Department of Agriculture and Consumer Services, Bureau of Entomology and Pest
Control, prior to conducting a public auction of the equipment. A list of proposed surplus
equipment is attached for Board consideration.
RECOMMENDATION:
Staff recommends Board approval to surplus the District equipment referenced in the
attached list, Board authorization to offer the surplus equipment to interested Mosquito
Districts at 'junk' value and consideration of 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..
cc: file
H:\WP\AGENDA\2002\Surp1us No.1_mem.wpd
E5
CprNxr
MOSQUITO CONTROL DISTRICT
MEMORANDUM
TO: All Mosquito Control County and District Programs
FROM: James R. David, Mosquito Control Director
DATE: May 25, 2004
SUBJECT: Disposition of Surplus Property
In compliance with Chapter 388.323 Florida Statutes, the Saint Lucie County
Mosquito Control District Board is making available the following list of surplus
property for State/District purchase:
Minimum Bid/ Best Offer
1. 1998 Bush Hog Rotary Mower Junk Condition ....................Best Offer
(ref. PR 20-3800)
2. 2000 John Deere 10' Rotary Mower Junk Condition ............Best Offer
(ref. PR 20-3852)
A Mosquito Control District or program seeking to purchase any of these items may
inspect them at the District compound between 8:00 am and 3:00 pm, Monday
through Friday. This offer will expire on June 30, 2004, after which date all
equipment will be sold or discarded. If you have any questions please call 772-462-
1686 or fax the District at 772-462-1565.
cc: rile
ST.LUCIE COUNTY PURCHASING DEPARTMENT
REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY
TODAY'S DATE:
1. INVOICE DATE (IF NEW PURCHASE):
2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE):
3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #:
Mosquito Control District
4. LOCATION CODE: MOSQCT
5. PROPERTY RECORD # AND DEPT TRANSFERRING TO (IF TRANSFERRING)
OR DISPOSING OF): 20-3800
6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.):
1998
7. DESCRIPTION OF PROPERTY: Mower
8. MAKE: Bush Hog
9. MODEL NUMBER: 306-02
10. SERIAL NUMBER: 12-10923
05/20/04
11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.)
JUNK
HEAD OR AUTHORIZED PERSON
THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. 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 SANDI MORANDO IN PURCHASING.
F a
REPORT OF ACQUISITION OR DISPOSITION OF PROPERTY �4,
ST. LUCIE COUNTY, FLORIDA
TO: BOARD OF COUNTY COMMISSIONERS
FROM:
MOSQUITO CONTROL Date JAN. 20,
Officer or Departmew
Number 203 800
98
19
Gentlemen:
The following changes have occured in the property in my custody. This information should be entered on
your Property Record.
IDENTIFICATION DATA
Name of Item Location - Make
MOWER MOSQCT (01) BUSH HOG
Model Year Mf1p. Identification. Number
306-02 1998 12-10923
OTHER DESCRIPTION:
ACQUISITION OR DISPOSITION DATA
PURCHASED DISPOSED OF
From PIPPIN TRACTORC
To
i
Reference P9811578 Transferred ❑
Purchase Price . . . . $ 2835.00 Traded ❑
Freight . . . . . . $ Reason for Disposal
Installation . . . . . . $
Gross Cost . . . . . . $ Amount Realized $
Less Trade . . . . . . $ Remitted to
Net Cost . . . . . . $ 2835.00
Date 19
Remarks
Signed
VOUCHER
Title_
FUND
Sold ❑
junked ❑
PROPERTY ACQUISITION OR DISPOSAL FORM
E5
ST.LUCIE COUNTY PURCHASING DEPARTMENT
REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY
TODAY'S DATE:
1. INVOICE DATE (IF NEW PURCHASE):
2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE):
3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #:
Mosquito Control District
4. LOCATION CODE: MOSQCT
5. PROPERTY RECORD # AND DEPT TRANSFERRING TO (IF TRANSFERRING)
OR DISPOSING OF): 20-3852
6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDITRADED, ETC.):
2000
7. DESCRIPTION OF PROPERTY: ROTARY CUTTER
8. MAKE: JOHN DEERE
9. MODEL NUMBER: HX10
10. SERIAL NUMBER: WOHX10GO01230
05/20/04
11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.)
JUNK
1^
DEPARTMENTMgAb OR
THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. 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 SANDI MORANDO IN PURCHASING.
vi
REPORT OF ACQUISITION OR DISPOSITION OF PROPERTY
ST. LUCIE COUNTY, FLORIDA
TO: BOARD OF COUNTY COMMISSIONERS
FROM: Mosquito Control
Offieer or Departmaat
Number PR#203852
Date May 11 X9X2000
Gentlemen:
The following changes have occured in the property in my custody. This information should be entered on
your Property Record.
Name of Imm
Model
HX10
OTHER DESCRIPTION:
IDENTIFICATION DATA
Loudon
Year
John Deere
Mfp. Identification. Number
WOHXI00001230
ACQUISITION OR DISPOSPTION DATA
PURCHASED
From John ?Deere Governmental Sales
Reference P2012130
Purchase Price . . . . $ 4518.00
Freight . . . . . . s
Installation . . . . . . $
Gross Con . . . . . . s
Leu Trade . . . . $
Net Cost . . . . . . s 4518.00
DISPOSED OF
To
Transferred ❑ Sold ❑
Traded ❑ Junked ❑
Reason for Disposal
Amount Realized . . . ;
Remitted to
/) 19
Remar�� 7
its �v
Signed
vouctrU [JAN 1 82001 FUND _._ Title
MOSQUITO CONTROL
PROPERTY ACQUISITION OR DISPOSAL FORM
Date