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Agenda Packet 12-07-99
;, ~ ~ DECEMBER 7,1999 7:00 PM ~ BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME 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 ITEMS- 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 Tuesdays 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 ready 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 for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. 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, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov '-" ....., John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA December 7,1999 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held November 23, 1999. 2. PROCLAMATIONIPRESENTATION 3. 4. A. Agriculture / Christmas Remembrance - Sue Munyan and the 4B Group will be here to present gifts to the Board of County Commissioners. B. Resolution No. 99-282 - proclaiming the week of December 11, 1999 to December 18, 1999 as "Audubon Bird Count Week" in St. Lucie County, Florida. GENERAL PUBLIC COM~:ST CONSENT AGENDA~0 /5(:, ~rak¡fò.\G..app(D.¡J PUBLIC BEARINGS COUNTY ATTORNEY ~JY/~~' ,~ 5B. 5C. Ordinance No. 99-23 / Funding for Crime Prevention Programs and Safe Neighborhood Programs - Consider staff recommendation to adopt Ordinance No. 99-23. Ordinance No. 99-22 / Standards for Fire Hydrant Installation - Consid~r staff recommendation to adopt Ordinance No. 99-22. ~ 6\t, ~ !5" 0 trpp (ò1J¿~· Ordinance No. 99-25 / Title Loan Ordinance - Consider staff recommendation to adopt Ordinance No. 99-25. \ I,', \ _ . c: ___ . ~ 'JUTº-" Ð ~ 0 'Awfò NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarö at these meetings will need a record ofthe proceedmgs 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 proceedin2s, individuals testifying during a hearing will be sworn in. Any pa~ 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 S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" ....., REGULAR AGENDA DECEMBER 7, 1999 PAGE TWO 6. UTILITIES væ ~ 6/0 ~}P9rt)v~d Change Order No. 18 - Consider staff recommendation to approve the change order in the amount of $93,327.25 and approve release of the final retainage to Speegle Construction, Inc. in the amount of $51,830.00 to close out the South Hutchinson Island / North District Project. 7. ADMINISTRATION \ J ¿ 0 ~ ^I I /ì JI, ' VDlø.l~ ~)/ ,~(O\J~ A. Children's Services ~;uncil - The Boar is asked to nominate three people whose names will be forwarded to the Governor for selection of one member for the Children's Services Council. B. Cultural Affairs Council - The Board is asked to nominate one applicant to fill an existing vacancy on tJ!!~£uUu-r-al Affairs Council. '---~'-., ----- '-' ....., CONSENT AGENDA December 7.1999 1. WARRANTS LIST Approve warrants list No.9 and No. 10 2. PUBLIC WORKS A. Engineering / Agreement Extension - Consider staff recommendation to approve the one year extension to the agreement for Soil Testing Services with Ardaman and Associates, Inc., and Dunkelberger Engineering and Testing, Inc., and authorize the Chairman to sign the agreements. B. EngineeringlPermission to Advertise - Consider staff recommendation that permission be granted to advertise for the Second Public Hearing to be held on January 4, 2000, for North AIA M.S.B.U. - Potable Water Improvements / St. Lucie County Utilities. 3. PURCHASING A. Bid Waiver and Sole Source Purchase - Consider staff recommendation to approve the bid waiver, sole source purchase not to exceed $18,655, for a vehicle for the Public Works department. B. Hurricane Irene Emergency Purchase Orders - Consider staff recommendation to approve the Emergency purchase orders issued. 4. MANAGEMENT AND BUDGET A. Budget Amendment No. 00-105 / Equipment Request No. 00-192 - Consider staff recommendation to approve the budget amendment and equipment request for a new computer for Judge Kenny's office. B. Budget Resolution No. 99-274 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the Florida Department of Health in the amount of up to $150,000 for facilitation of infrastructure adjacent to the new county health building, and authorize the County Attorney to prepare and the Chairman to execute the necessary agreements related thereto. C. Budget Amendment No. 00-107 / County Health Building Impact Fees - Consider staff recommendation to agree to loan the Health Department $50,598 to pay the City of Port St. Lucie the required impact fees, and approve the budget amendment authorizing the transfer offunds from the General Fund Contingency into the Health Department budget. 5. LEISURE SERVICES A. Dollman Beach Park / No. 305 Beach Acquisition Fund - Consider staff recommendation to approve the use of an additional $100,000 from the Beach Acquisition Fund for DoHman Beach Park. B. Recreation Design and Construction, Inc. Contract - Consider staff recommendation to approve the contract for beach projects and authorize the Chairman to sign the contract. '-" ....." CONSENT AGENDA DECEMBER 7,1999 PAGE TWO 5. LEISURE SERVICES CONTINUED) 1 ok ~ ~-1 c. Expenditure of Funds - Consider staff recommendation to approve the expenditure of funds, not to exceed $5,000, for the surfacing of the St. Lucie Pinelands roadway. 6. ADMINISTRATION Treasure Coast Regional Planning Council - Consider staff recommendation to ratify the appointments of the City of Fort Pierce and the City of Port St. Lucie to serve on the Treasure Coast Regional Planning Council. 7. COUNTY ATTORNEY A. DEP Agreement No. SP543 and Budget Amendment No. 00-104 for Platt's Creek Off- Site Mitigation Area / Becker Parcel- Consider staff recommendation to approve the DEP agreement and authorize the Chairman to execute the agreement. Consider staff recommendation to use General Fund Contingency for closing cost expenditures and approve the budget amendment. B. Resolution No. 99-283 - Consider staff recommendation to adopt the resolution confirming the termination ofthe State of Florida Department of Transportation Joint Participation Agreement (WPI No. 4829286) for land acquisition at the St. Lucie County International Airport. C. Public Hearing Notice - Consider staff recommendation to advertise the Notice of Public Hearing for the Petition for Abandonment of Pepper Lane on January 18, 2000, at 7:00 p.m., or as soon thereafter as possible. 8. COMMUNITY DEVELOPMENT Tourism _ Consider Tourist Development and staff recommendation to approve payment of the November invoices to R. J. Gibson in the amount of $10,616.49. .. . .. '-' ..." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 23, 1999 Tape: 1,2 Convened: 7:00 p.m. Adjourned: 9:20 p.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrat.or; Richard Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney; Julia Shewchuk, Community Development Director; Ray Wazny, Public Works Director; Bill Blazak, Utilities Director, Jim David, Mosquito Control Director; Dennis Murphy, Asst. Community Development Director; Paul Phillips, Airport Director; Don West, County Engineer, Charles Bicht, Purchasing Manager, Deputy Williams; A. Millie Delgado, Dep'Jtj Clerk 1. MINUTES (1-032) It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held November 16, 1999; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS . I. -' ~ Mr. Herbert Beach, White City residents, commended the Board for their assistance to residents outside their districts. ' , '·,'i ", 3. CONSENT AGENDA (1-114) It was moved by Com. Lewis, seconded by Com Coward, to approve the Consent Agenda with items C-2, C-6 and C-9 pulled for a later date; however, to include Additions A-I and A-2 for approval; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No.8. 2. PUBLIC WORKS Road and Bridge/Change Order No.2 and BÚdget ResolutionNo. 99-272- This item was pulled and will be rescheduled. " -1- , II I . 11ì19/99 ST. ~E COt1N'11 - BOARD .."" PAGE 1 FZABVARR .' VARRANT LIST # 8- 13-NOV-1999 TO 19-NOV-1999 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 452,370.58 273,355.38 001116 Sec 112/MPO/FBVA/Planning 98/99 4,940.13 0.00 001120 Community Services Block Gmt 98/99 229.49 0.00 001125 TC Communi ty Action Agency FY 99/00 447.86 225.30 001126 Section 112/MPO/FBVA Planning 99/00 2,188.94 5,395.20 001221 00l-DEP-Childrens's Enviro Museum 5,186.01 0.00 001235 TDC Planning Grant 98/99 315.43 0.00 001242 98/99 E. M.. P.A. 3,095.06 0.00 101 Transportation Trust Fund 83,997.22 91,531.54 101002 Transportation Trust/80% Constitut 10,445.52 0.00 10 1003 Transportation Trust/Local Option 53,277 .14 0.00 101006 Transportation Trust/Impact Fees 1,500.00 0.00 102 Unincorporated Services Fund 23,630.28 35,208.30 102001 Drainage Maintenance MSTU 10,846.90 3,206.88 105 Library Special Grants Fund 2,043.80 2,082.54 105102 FloriNet Enhanced Connectivity(Libr 571.56 0.00 107 Fine & Forfeiture Fund 63,524.18 60,276.76 i07109 Local Law Enforcement Blk 98/00 9,810.00 0.00 113 Harmony Heights 3 Fund 197.32 0.00 114 Harmony Heights 4 Fund 434.85 0.00 116 Sunland Gardens Fund 481.82 0.00 117 Sunrise Park Fund 120.29 0.00 119 Holiday Pines Fund 695.95 0.00 123 Queens Cove Lighting Distl13 Fund 244.65 0.00 136 Monte Carlo Lighting MSTUl4 Fund 1,275.23 0.00 138 Palm Lake Gardens MSTU Fund 103.55 0.00 140 Port & Airport Fund 7,077.43 6,364.08 160 Plan Maintenance RAD Fund 2,640.71 2,122.82 183 Ct Administrator-19th Judicial Cir 2,990.41 5,521.13 183001 Ct Administrator-Arbitration/Mediat 1,161.65 1,776.52 183004 Ct Admin.- Teen Court 3,205.47 2,191.51 183209 Article V Trust for Criminal Court 5,148.00 0.00 185203 FHFA-SHIP 98/99 128.86 706.16 185204 FHFA SHIP 99/00 128.86 690.40 186 Recycling Operating Fund 728.22 1,374.60 186202 DEP-Recycling & Education 98/99 206.42 458.20 315 Coun ty Building Fund 27,000.00 0.00 316 . Coun ty Capi tal 1,602.00 0.00 382 Environmen tal Land Capi tal Fund 16,500.00 0.00 401 Sanitary Landfill Fund 55,686.93 27,755.24 401219 FDEP Yaste Tire 99/00 1,100.25 0.00 418 Golf Course Fund 14,519.05 17,479.94 421 H.E.Y. Utilities Fund 268.85 500.32 441 North Hutchinson Island Utilities 1,539.77 3,170.77 451 S. Hutchinson Utilities Fund 4,235.61 3,255.49 461 Sports Complex Fund 11,302.67 7,315.53 471 Holiday Pines Utilities Fund 998.60 0.00 491 Bu1ldin¡ CodQ Fund 11.749.43 13.998.88 501 Automated Services Fund 42,663.82 59,176.29 505 Health Insurance Fund 396,610.02 8,151.57 505001 Property/Casualty Insurance Fund 26,199.55 0.00 510 Service Garage Fund 9,915.37 8,535.81 611 Tourist Development Trust-Adv Fund 5,611.30 2,817.60 615 Impact Fees Fund 106,970.83 0.00 625 Law Library 63.41 0.00 GRAND TOTAL: 1,489,927.25 644,644.76 , Ii . . l1ì19/99 ST. L~E COt1NTY' - BOARD ., PAGE 1 FZABWARR .' WARRAN!' LIST # 8- 13-NOY-1999 TO 19-NOY-1999 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 452,370.58 273,355.38 001116 Sec 112/MPO/FBVA/Planning 98/99 4,940.13 0.00 001120 Community Services Block Grot 98/99 229.49 0.00 001125 TC Community Action Agency FY 99/00 447.86 225.30 001126 Section 112/MPO/FBVA Planning 99/00 2,188.94 5,395.20 001221 00l-DEP-Childrens's Enviro Huseum 5,186.01 0.00 001235 TDC Planning Grant 98/99 315.43 0.00 001242 98/99 E. H.. P.A. 3,095.06 0.00 101 Transportation Trust Fund 83,997.22 91,531.54 101002 Transportation Trust/80% Constitut 10,445.52 0.00 101003 Transportation Trust/Local Option 53,277 .14 0.00 101006 Transportation Trust/Impact Fees 1,500.00 0.00 102 Unincorporated Services Fund 23,630.28 35,208.30 102001 Drainage Maintenance HSTU 10,846.90 3,206.88 105 Library Special Grants Fund 2,043.80 2,082.54 105102 FloriNet Enhanced Connectivity(Libr 571.56 0.00 107 Fine & Forfeiture Fund 63,524.18 60,276.76 i07109 Local Law Enforcement Blk 98/00 9,810.00 0.00 113 Harmony Heights 3 Fund 197.32 0.00 114 Harmony Heights 4 Fund 434.85 0.00 116 Sunland Gardens Fund 481. 82 0.00 117 Sunrise Park Fund 120.29 0.00 119 Holiday Pines Fund 695.95 0.00 123 Queens Cove Lighting Distl13 Fund 244.65 0.00 136 Honte Carlo Lighting HSTUl4 Fund 1,275.23 0.00 138 Palm Lake Gardens HSTU Fund 103.55 0.00 140 Port & Airport Fund 7,077.43 6,364.08 160 Plan Maintenance RAD Fund 2,640.71 2,122.82 183 Ct Administrator-19th Judicial Cir 2,990.41 5,521.13 183001 Ct Administrator-ArbitrationlHediat 1 , 161. 65 1,776.52 183004 Ct Admin.- Teen Court 3,205.47 2,191.51 183209 Article V Trust for Criminal Court 5,148.00 0.00 185203 FHFA-SHIP 98/99 128.86 706.16 185204 FHFA SHIP 99/00 128.86 690.40 186 Recycling Operating Fund 728. 22 1,374.60 186202 DEP-Recycling & Education 98/99 206.42 458.20 315 County Building Fund 27,000.00 0.00 316 . County Capi tal 1,602.00 0.00 382 Environmental Land Capital Fund 16,500.00 0.00 401 Sanitary Landfill Fund 55,686.93 27,755.24 401219 FDEP Yaste Tire 99/00 1,100.25 0.00 418 Golf Course Fund 14,519.05 17,479.94 421 H.E.Y. Utilities Fund 268.85 500.32 441 North Hutchinson Island Utilities 1,539.77 3,170.77 451 S. Hutchinson Utilities Fund 4,235.61 3,255.49 461 Sports Complex Fund 11,302.67 7,315.53 471 Holiday Pines Utilities Fund 998.60 0.00 491 Buildin¡ CodQ Fund 11. 749.43 13.998.88 501 Automated Services Fund 42,663.82 59,176.29 505 Health Insurance Fund 396,610.02 8,151.57 505001 Property/Casualty Insurance Fund 26,199.55 0.00 510 Service Garage Fund 9,915.37 8,535.81 611 Tourist Development Trust-Adv Fund 5,611.30 2,817.60 615 Impact Fees Fund 106,970.83 0.00 625 Law Library 63.41 0.00 GRAND TOTAL: 1,489,927.25 644,644.76 '-" .II!I .. ~: ',' ',:,':. 3. MOSQUITO CONTROL Emergency Cleanup Contract/Hurricane Floyd and Huuicane Irene- The Board approved the emergency cleanup and dune restoration contract with Enviroglades, Inc., as prepared by the County Attorney's office, and authorized the Chairman to execute the contract. 4. COUNTY ATTORNEY A. Release for Property Damage to County Vehicle- The Board authorized the Chairman 0 execute the Release in the amount of$3,211.21. B. Grant Contract/St. Lucie County Chamber of Commerce, Inc., - The Board approved the 1999-2000 Grant Contract with the St. Lucie County Chamber of Commerce, Inc., and authorized the Chairman to sign the agreement. C. Equity Resource Group ofIndian River County, Inc.,/Consent to Assignment of Lease Agreement to Shrimp Culture II, Inc.,- The Board approved giving consent to the assignment ofIease agreement trom hquity K~scurce Group ofIndian River County, Inc., to Shrimp; Culture II, Inc., and authorized tbe Chairman to sign the consent. D. Quit Claim Deed Approval- The Board approved the Quit Claim Deed to Fort Pierce and authorized the Chairman to sign the deed. 5. PURCHASING A. Purchase ITom Existing Bid- The Board approved the purchase of a Triplex Greens Mower for the golf course, to Kilpatrick Turfin the amount of $20, 750. . ," I: ."', B. Furniture and Computers for St. Lucie We~Î Judicial Offices- The Board approved the purchase of furniture and computers for the St. Lucie West Judicial offices. 6. INVESTMENT FOR THE FUTURE Bid No. 99-082/Repair of South 25th St. Bridg~ over :I.:.i Mile Creek- This item was pulled. ' 7. UTILITIES/RECYCLING . ,::- ". \ ': " Sole SourceÆquipment Request No. 00-191- The Board approved declaring Ellis K. Phelps a sole source for Flyght Pumps, and approved the purchase of a replacement/spare pump in the amount of $1,770 and approved the equipment ~equ~st. 8. COMMUNITY DEVELOPMENT A. Grant Application- The Board approved authorizing the submittal of a grant application to the Florida Department of Community Affairs Emergency Management Preparedness and Assistance Competitive Grant Program on behalf of St. Lucie County Public Works Department in the amount of $40,000. B. Grant Application- The Board approved the submittal of a grant application to the Florida Fish and Wildlife Conservation Commission on behalf of St. Lucie County Leisure Services and Mosquito Control District in the,amount of $40,000. -2- '-' """ 'I( C. North Fork St. Lucie River Botihdáfý Modiftcâtibn"" The Board approved the submission of a request to the Conservatioh and Jtecreation Lands Program to extend the CARL boundary to include entire parcels. D, Indian River Lagoon Blueway Boundary Modification- The Board approved the submission of a request to the ConserVatiori ànd Recreation Lands Program to request inclusion of the proposed 70 acre Hobe Sound National Wildlife Refuge addition located on South Hutchinson Island, , ' ' 9. LEISURE SERVICES Contract with Recreation Design and Construction Inc. This item was pulled and wiII be rescheduled. 10, AIRPORT Termination of Lease Agreement- The Board approved the request to terminate the lease agreement between St. Lucie County Cowboys Club, Inc., and the Board of County Commissioners for the Cowboy Club Arena located at the St. Lucie County International Airport. ADDITIONS A-I, COMMUNITY DEVELOPMENT One Stop Permitting Grant/Budget Resolution No. 99-277- The Board approved accepting the grant from the Florida Department of Management Services and proceed with the purchase of the needed computer equipment, to solicit the consultant in order to develop and implement the One- Stop Permitting Program for St. Lucie County and approved the budget resolution and subsequent equipment requests. A-2, COUNTY ATTORNEY Budget Resolution No. 99-280/Transfer of Funds- The Board approved the budget resolution to complete the transfer of the Library property with the City ofFt. Pierce. REGULAR AGENDA(I-433) 4. COMMUNITY DEVELOPMENT A Resolution No, 99-195- JERRY HILL AND MARGO STEVENS- Requesting a change in zoning from AR-I to RE-2 zoning District. Mr. Pat Murphy, agent for the petitioner, addressed the Board on this item. He stated the rezoning was necessary to allow for the residential lot to be buildable. He said the property configuration is 8" short of the minimum lot width required by the code in the existing zoning district. He urged the Board to support the rezoning and requested that a more efficient and cost effective administrative waiver process be put in place to remedy these types of issues in the future, Com. Coward stated he concurred with Mr. Murphy's commer:ts. He directed to look at how other municipalities deal with these issues and recommendations and set up a more common sense approach in the future, It was moved by Com, Coward, seconded by Com, Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. -3- ·' '-' . . .., , . ~ r- ~ .~":i .r, B. Resolution No. 99-197- STEVE TIERNEY, AGENT- Requesting a Conditional Use Permit to allow farm products a.nrl ~.var~hausing the AG-l zoning district. Mr. Steve Tierney, agent for the petitioner, addressed the Boarö on this item. /.. ~. . The Board accepted staff's report as part of the reêo'rd. Com. Coward questioned how the noise impact: would, be, buffered. The Planning Manager advised the Board that as per the new code change, a wall would be required between residential and non-residential uses. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 99-197 include the 5 conditions; and, upon roll call, motion carried unanimously. C. Ordinance No. 99-029- RESERVE HOMES LTD..-Consider staff recommendation to approve the ordinance authorizing the establishment of the Reserve Community Development District # 2. .' '~.' ;, " The Asst. Community Development Director advised the Board that his petition does not include parcels 15A and 17. Mr. Harold Melville, agent for the petitioner, a~dress~d the .Board on this item. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Ordinance No. 99-. 029; and, upon roll call, motion carried unanimously. D. Resolution No. 99-194- BNG PARTNERS, iNC.- Requesting a change in zoning trom RS-3 to RM-9 zoning district. ' " Petitions in opposition to the project were presented to the sècretarY by St. Lucie Gardens and Camelot Gardens. ' ,. The Board accepted staff's report as part of the record. Mr. Harold Melville, agent for the petitioner, addressed the Board on this item and requested the staff report to both the Commission and the Planning ånd Zoning Commission be made part of the record. Com. Coward questioned items 3 and 7 on the staff report and felt they were a contradiction. Staff addressed Com. Coward's questions. Mr. George Demos, resident of S1. Lucie Gardens, aádressed the Board in opposition to this change in zoning. Mr. William R. Wilson, Mariposa resident, addressed the Board with his concerns on the impact this project would have on emergency services and evacuation traffic. Mr. Russell Panger, St. Lucie Gardens resident, addressed ¡'¡ie Board in opposition to this project. Ms. Myra Lawry, Lennard Road resident, asked th,;t.a,comprehensive study be done regarding the impact this project would have in the area. Mr. John Manley, area resident, addressed the Board and stated the project is not in harmony with the existing land use pattern. -4- '-'" ...., Ms. Meloney DeMarcisco, area resident, addressed tho Board with her concerns about school traffic and the impact it would have on paramedic sëryices. ' , Mr. Gordon Hansen, St. Lucie Gardens resident, cidtifessed the Bóàrd in opposition to the project and stated he felt it was not compatible with the surrounding community. , . Mr. Melville addressed the concerns of the neighboring residents and the trip generations. Mr. Marty Sanders, Professional Engineer, addressed the Board regarding his review of the traffic report. Mr. Sanders stated the present zoning of3 units per acre, would generate 860 average daily annual trips. The proposed land use and 'rezoning and the 248 units, the ITE land use 253 which is elderly housing, would generate 863 trips per day. These trips are less generation per unit than you would get trom single family housing. The elderly have community group activities which are done together. Com. Coward commented on the figure:s 1ll the tra1::i<: "eþort and stated he was a bit uncomfortable with the "T" factor stated in the report at 3.5 trips per unit. Mr, Sanders addressed Com. Coward's comments.,:,;.'? ,~": '. Com. Coward stated he has concerns regarding ~he trc1ffic impact. Mr. Sanders stated that he believed that this type of development will be different than Palm Grove and the trip generation numbers are debatable and he thinks the level of magnitude they have before they would cause a threshold of impact on that segment of Lennard Road would need to be nine trips per dwelling unit in order to create an impact. Mr. Sanders addressed the drainage issue on Lennard Road. He stated that in the detailed design they would need to demonstrate that they wìll not discharge 'any more :Water than what is being discharged today. Com. Barnes stated that the cqmmon sense rejectioIihe has is tbt tripling density on a crowded roadway like Lennard Road is ~patible with the Comp' Plan or the existing land uses of the area, he cannot deal with that or much less have get into sp~cifically how many trips per day. They are talking about rezoning they should not bèfticusing on the nature of the plan development. Com. Barnes stated this has a snow ball effect which that adds more and more trips to gyms and more and more people into an over crowded area andpe will not vote in favor of it. Com. Hutchinson asked for the rating of Lennard Road' on the MPO list. . ¡ i , ! ~ The Asst. Community Development Director advised Com. Hutchinson that this portion of Lennard Road, between Walton Road and lv1ariposa is on the'funded priority list, however, it is not one of the top ten. He believes it may be number 12 or 13. There are some construction projects proposed along Lennard Road within the next 5 years for pedestrian access improvements. Com. Hutchinson questioned the Community 'Transii' being expansion into the area. ~~:";'. ...! The Asst. Community Development Director stated 'there is a~fixed route connection around Tiffany, possibly Jennings, he is not sure. Com. Bruhn stated he felt the county does not have an obligation to pass low income housing for people that are moving here. He feels this will upset the property values and the businesses in the area and will not vote in favor of this project. t ~ . . -5- ;,~: ''', :. ",,\f ~ '-" ...."" . \ . ' -,) ...- ....... ~ 't' .' . }..].:,.: Com. Coward asked how staff interpreted the land use policy relative to the fact that the roadway currently is deficient. " , '\ The Planning Manager addressed Com. Cowards question. It was moved by Com. Barnes, seconded by Com. Coward to deny based on the concerns he expressed previously based those expressed by Com. . CowarØ and all, the evidence including the ",' ''''''':''¡ , staff material which were provided which show the surrounding larid uses; and, upon roll call, the vote was as follows: Aye's: Bruhn, Hutchinson, Coward, Barnes; Nay: Lewis; motion carried by a vote of4 to 1. Com. Coward stated that he was not opposed to affordable senior housing in the county. When this was presented he was supportive and as he further looked into this specific area, he had concerns about compatibility and adequate public t1}qi.lities . Com. Lewis stated she drives the road on a dai!y basis and has never experienced congestion . She feels comfortable that the roadway figures are pretty much accurate if only by her expenence. Com. Coward presented a disclosure of communicatiop for the record. 5. COMMUNITY DEVELOPMENT A. Resolution No. 99-196- BNG PARTNERS, lNC.- Consider staff recommendation to approve the resolution for Major Site Plan approval for the project known as Valencia Place. , I, No action taken due to previous item not being approved., '.'-: B. Request for Funding/Manatee Protection Plan- Consider staff recommendation to authorize the submittal of a scope of services and to proceed with the request for funding to the Florida Wildlife Conservation Commission to complete the Manatee Protection Plan Marina Siting Study with funds trom the State of Florida in the amount of $50,000. It was moved by Com. Barnes, seconded by Com. Hutc!linson, to approve staff recommendation; and, upon roll call, motion carried unanimously. 6. ADMINISTRATION (2-1120) BOCC District 4IWest Midway R0;1.d- COffijTIiSsi0ner Hutchinson requested Board discussion regarding West Midway Road. ;. ", The Asst. Community Development Director addressed the modeling project. He stated the cost to do this project is not to exceed $10,000, This wÒuld not be done in house. Com. Barnes questioned why a modeling would be done before knowing what would be the best way to engineer a two lane road. Modeling is based on assumptions and he does not want to spend funds just to hear the same assumption that a t~o lane road cannot be efficiently designed to move traffic. Com. Hutchinson stated she would not have a problem wIth modeling Midway Road with Delaware Avenue. -6- . ,",\;, '-"" ...." COUNTY COMMISSION REVIEW: November 23, 1999 Resolution 99-194 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners Community Development Director November 16, 1999 Petition of BNG Partners, Inc., for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. (File No.: RZ-99-024) From: Date: Subject: The proposed rezoning of property is located on the west side of Lennard Road, approximately ~ mile south of Tiffany Road from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acr~) Zoning District is to allow for the development of a multi-family apartment complex for senior citizens. At the October 21, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0, with one member absent (Ramon Trias), recommended approval of this petition as set forth in Draft Resolution 99-194. This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition for a change in zoning from the RS-3 (Residential _ Single-Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family _ 9 du/acre) Zoning District as set forth in Draft Resolution 99-194. SUBMITTED: ~. fbclUl- ia Shewchuk, AICP ommunity Development Director cs cc: Beckey T. Edwards, President BNG Partners, Inc. Harold Melville, Melville & Sowerby Gregg Boggs, Thomas Lucido & Associates File j' '-"" """" f! ~M~:6~~~~ l1 ~ ~ D "·2 \::!i ~ Ij ~ 0 ii.i;;,~~~, rv-.cr.. PUBLIC HEARING BNG PARTNERS, INC. FILE NO. RZ-99-024 c íI~"'"·-'·- "'(1 \..~~.IoL"~.~:~f. 3 1 CJ r;¡ ,,,,,:~,¡,:~/,-\ ') ~:n"J'~Ir, ;',; ':\::;//i,:.~_ /;! ,/·,;:;f~f.~:: f~ ,.¡¡..:t"I"h"~~.J:,,',;t'J.. .~~':~';":'.·~L'~) "l ~ . ......:..:... ;¡ .I"i . Ms. Cyndi Snay presented staff comments. Ms. Snay stated Agenda Item 5 is the application of BNG Partners, Inc. to change the Zoning of property located on the West side of Lennard Road, approximately 1h mile south of Tiffany Road from the RS-3 (Residential, Single-family - 3 du/acre) Zoning District to the RM-9 (Residential, Medium - 9 du/acre) Zoning District. The subject property abuts RM-9 (Residential, Multiple- Family - 9 du/acre) zoning to the north and RM-5 (Residential, Multiple-Family _ 5 du/acre) to the south, Port St. Lucie RM-ll (Multiple Family Residential 11 du/acre), CP (Professional Commercial) and I (Institutional) to the east and OSR (Open Space - Recreational) and RS-2 (Single-Family 2 du/acre) to the west. The petitioners, BNG Partners, Inc., are requesting this zoning change in order to develop the subject property into a multiple-family residential development. The proposed RM-9 (Residential, Multiple-Family - 9 dulacre) zoning district is compatible with the existing RM (Residential Medium) land use classification. "The proposed RM-9 (Residential, Multiple-Family - 9 dulacre) Zoning District, is compatible with the existing zoning designations and development patterns within the surrounding area. Staff has discussed this petition with the Planning Staff at the City of Port St. Lucie. The City Staff stated that the only issue was the available trips on Lennard Road. This will be dealt with at the time of site plan approval. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies' of the St. Lucie County Comprehensive Plan. And recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chainnan Wesloski asked ifthere were any questions for Ms. Snay. Ms. Dreyer asked staffabout the location of the existing single-family residential unit to the south. Ms. Snay stated she did not measure the distance. Mr. Matthes asked staff if the improvement of Lennard Road is on the CIP at this point. Mr. Kelly stated he will have to check on the item. Chainnan Wesloski asked if the applicant was present and would like to address the Board. Planning & Zoning Commissionl Local Planning Agency August 19, 1999 Page 6 'w" ,.""", Mr. Harold Melville, representative for applicant, addressed the Board. Mr. Melville stated he has an aerial which depicts the house. Mr. Melville pointed out that the location of the house is to the south of the subject property. Mr. Melville further stated that on the west side there is a lot of natural buffering. The property to the north is RM-9 at the current time. Mr. Melville further stated that the zoning designation would be consistent with an orderly and logical pattern of growth within the area. Mr. Melville stated that they are requesting that the application be furthered to the County Commissioners with a recommendation of approval. Mr. Moore requested the opportunity to review the aerial. Chainnan Wesloski asked if there were, any questions for Mr. Melville. Chainnan Wesloski asked Mr. Melville if the project was going to be low-income housing. Mr. Melville stated that the proje~ will be a senior community deed restricted for senior's only. It will be funded through a program where there are tax credits for the developer. The tax credits will allow the developer to charge a lower price on the units. - Chainnan Wesloski requested that Mr. Melville clarify that the units are for those individuals 55 years or older. Mr. Melville confinned this and stated that it will be deed restricted as an adult community. Mr. McCurdy asked if the applicant was planning on site built homes or modular units. Mr. Melville stated that the project will be apartment units. Ms. Dreyer requested that Mr. Melville identify the yellow lines on the aerial. Mr., Melville stated that the parcel in question is a portion of a larger parcel of land, that' is approximately 100 acres in size. Mr. Melville pointed out that the yellow lines represent the 30-acre subject parcel. Mr. Merritt asked Mr. Melville to clarify if the parcel was an old citrus grove. Mr. Melville confinned that the subject parcel is an old citrus grove. At this time, Chainnan Wesloski opened the public portion of the hearing. Planning & Zoning Commission! Local Planning Agency r. !".., ... ,.- -., :-',: ",¡ ~'" '.~ "'.l r.~':'1 l' "" . '" CJ ',' . ' ' ' ,,,,,, J..j ;.", ...:.. ~ <.....0 ~:,¡T;: :,~':~;::r¡}':L ·,:';.:;¡m \." """,'1';,;1 "',,,.~ C~~:~:'i':;~:~'~~C-~: !'J\:'~:;"j ;l'_ August 19, 1999 Page 7 ~ ..., Chainnan Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this petition. Hearing no further arguments in favor of or in opposition to the petition, Chairman Wesloski closed the public portion of the hearing. Chainnan Wesloski asked what would be the pleasure of the Board After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application ofBNG PARTNERS, INC. for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 duJacre) Zoning District to the RM-9 (Residential Multiple-Family - 9 duJacre) Zoning District. Mr. Matthes seconded the motion, and upon roll call the motion was approved 8-0. Chainnan Wesloski stated that the petition would be forwarded to the Board of County Commissioners with a recommendation of approval. " I., .................,J.. v_..···..~ . .: 04 ..;. .. ...._i \. .,¡......, Planning & Zoning Commissionl Local Planning Agency August 19, 1999 Page 8 '-" ~ PLANNING AND ZONING COMMISSION REVIEW: 10/21/99 File Number RZ-99-024 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission Planning Manager rI\L October 13, 1999 FROM: DATE: SUBJECT: Application of BNG Partners, Inc., for a Change in Zoning from the RS-3 (Residential, Single-Family - 3 du/acre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. LOCATION: West side of Lennard Road, approximately 0.50 mile south of Tiffany Road. EXISTING ZONING: RS-3 (Residential, Single-Family - 3 du/acre) PROPOSED ZONING: RM-9 (Residential, Multiple-Family - 9 du/acre) FUTURE LAND USE DESIGNATION: RM (Residential Medium) PARCEL SIZE: 30 acres PROPOSED USE: Multiple-family residential project PERMITTED USES: Section 3.01.03(G), RM-9 (Residential, Multiple-Family _ 9 du/acre identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the "RM-9" (Residential, Multiple-Family - 9 du/acre) Zoning District. Any use designated as a "Conditional Use"is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations are considered to be prohibited uses in that district (see Attachment "An). , " '41 '-'" ...." October 13, 1999 Page 2 Petition: BNG Partners, Inc. File RZ-99-024 SURROUNDING ZONING: The subject property abuts RM-9 (Residential, Multiple- Family - 9 dulacre) zoning to the north and RM-5 (Residential, Multiple-Family - 5 dulacre) to the south, Port St. Lucie RM-ll (Multiple Family Residential Zoning District), CP (professional Commercial Zoning District), and I (Institutional Zoning District) to the east; OSR (Open Space - Recreational Zoning District) and RS-2 (Single-Family Residential Zoning District) to the west. SURROUNDING LAND USES: The subject property abuts RM (Residential Medium) land use to the north and south, Port St. Lucie ROI (ResidentiaI/Office/Institutional), I (Institutional) to the east; OSC (Preservation) and OSR (Open Space) to the west. FIRE/EMS PROTECTION: Station #12 (1755 Village Green Drive), is located approximately 2.5 miles to the north. uTILITY SERVICE: Water and sewer services are to be by Port St. Lucie Utility Department Services. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Lennard Road is 100 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: -'0- -- File RZ-99-024 1. '-' ." Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning is consistent with the St. Lucie County Land Development Code. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has requested the rezoning in order to allow an increase in density, which will be consistent with the existing growth patterns in the area. The proposed change in zoning is consistent with the St. Lucie County Comprehensive Plan. Concurrency issues as required by the Comprehensive Plan cannot be addressed until a site plan for the project is submitted. The subject property is. designated with an RM (Residential Medium) land use designation. Policy L 1.1.1, of the Future Land Use Element, designates the following intensity for the RM (Residential Medium) land use: a maximum density of 9 du/acre. 3. Whether and the extent to which the proposed zoning is consistent with the existing and proposed land uses; The proposed zoning is consistent with existing and proposed land uses in the area. The general use of the immediate surrounding area of the subject property is as follows: Surrounding Use Land Use Zoning North Tiffany Club RM (Residential Medium) RM-9 (Residential, Multiple-Family - 9 du/acre) South Single-family residence RM (Residential Medium) RM-5 (Residential, Multiple-Family - 5 du/acre) East Single-family residences, Port St. Lucie ROI Port St. Lucie RM-ll commercial uses and institutional {Residential/Office/ (Multiple Family uses Institutional) Residential), CP (Professional Commercial) and I (Institutional) West Single family residences Port St. Lucie OSC Port St. Lucie OSR (Open (preservation) and OSR Space - Recreational) and (Open Space) RS-2 (Single-Family Residential) '-' ...., October 13, 1999 Page 4 Petition: BNG Partners, Inc. File RZ-99-024 4. Whether there have been changed coiulitions that require an amendment; The land conditions of the area have not changed so as to require an amendment. s. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The rezoning of the property is not expected to create significant additional demands on any public facilities in this area. The City of Port St. Lucie Utility Systems Department will be providing potable water and sanitary sewer to the subject property. The City of Port St. Lucie Planning Staff has indicated a concern over the available capacity on Lennard. Road. At the time of site plan application, the applicant will be required to submit a traffic analysis that will demonstrate the availability of sufficient capacity on Lennard Road to support the proposed development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. At the time of site plan application, the applicant will be required to submit an environmental analysis demonstrating if wetlands and/or endangered or threatened species are found on site. If found, the applicant will be required to address the protection of the wetland or species. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The existing development patterns in the surrounding area are primarily of a higher density than 3 du/acre (11 duJacre to the east, 5 du/acre to the south and 9 du/acre to the north). The development pattern occurring in this area is primarily residential in nature, with some interspersed commercial and institutional uses. The applicant's request to change the zoning will further the existing development patterns. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; '-' '-" October 13, 1999 Page 5 Petition: BNG Partners, Inc. File RZ-99-024 The proposed amendment would not be in conflict with the public interest and is in harmony with the pUrpose and intent of the St. Lucie County Land Development Code. COMMRNT~ The petitioners, BNG Partners, Inc., has requested this change in zoning from the RS-3 (Residential, Single-Family - 3 duJacre) Zoning District to the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District in order to develop the subject property into a multiple-family residential development. The proposed RM-9 (Residential, Multiple-Family _ 9 duJacre) zoning district is compatible with the existing RM (Residential Medium) land use classification. In addition, the proposed RM-9 (Residential, Multiple-Family _ 9 du/acre) Zoning District, is compatible with the existing zoning designations and development patterns within the surrounding area. Concurrency and environmental issues can only be dealt with when a site plan is submitted. Staff has discussed this petition with the Planning Staff at the City of Port St. Lucie. Other than those issues referenced above no additional concerns were noted. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. Attachment cs cc: BNG Partners, Inc. Thomas Lucido & Associates, Inc. File r~ ...., Disclosure of Communication: re: Valencia Place - - . Met with Project Developer, BNG Partners (Becky Edwards) Planning Consultant, Thomas Lucido (Greg Boggs) Conversation with Project Attorney (Harold Melville) . . Received letters trom several folks: 1.) Mr. Richard Mackay (opposed) 2.) Myra Lowry (opposed) 3.) Mrs. Buckley (in favor) · Telephone calls received trom: 1.) Mr. Wilson (opposed) 2.) Mr. George Demos (opposed) . Brief discussion with Mr. & Mrs. Anger (opposed) . Drove on Lennard Road to observe general area (11/23/99) Those opposed to the project were primarily concerned with land use compatibility, traffic congestion on Lennard Road, and uncertainties regarding affordable housing program. Dated this 23rd day of November, 1999 ,Q~~~..J) Doug Coward, ounty ComrrusslOner District 2 n ..... ....., ~':-:'W~©~U\}7[?:rrJ u' Grl/~/-9~l!:::V 3824 NimblewiIl Ct. Port St. Lucie, FL 34952 October 27, 1999 County Commissioners Office Commissioner Doug Coward 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Commissioner Coward: I urge you to vote against the proposed Senior Housing Project on Lennard Road. It appears that these develop:rs corne into this county, get approval to build what they ~ant, wherever they wan~, wIthout any thought or consideration given to the adverse ~mpact on the current resIdents. The developers are after one thing, and it is not to Improve the li~e of th~ current residents. The County Government should place the well b~Ing and qualIty of lIfe of the current county residents as the primary concern in dealing wIth future development, not the financial interests of the landowners and builders. As always, in this part of the county the issue of traffic is, or should be, one of the major concerns of the Government. I know it is with the voters. Another issue is what types of government services will be required by the occupants of the proposed project. The more services required, the higher the taxes must be, Those that require more services always seem to be the ones that don't contribute to the tax base. So who ends up paying the higher taxes??? Another issue that should be examined is the HUD regulations pertaining to this type of housing development. I believe that the HUD regulations for financing and subsidizing SENIOR HOUSING requires a percentage of the units to be set aside for the non-senior disabled persons. The percentage is somewhere between 5 and 20 percent. The definition for being classified disabled includes among others, drug addicts, alcoholics, and mental patients. If the Government of this County is not aware of the HUD regulations pertaining to Senior Housing I am sure the developer can supply the Board with the rules and regulations pertaining to this subject. I trust that the 'Commissioners will explore this issue before reaching a conclusion on this matter. I read that Commissioner Paula Hudson believes that this project should be built. This was also the case with the project on Savanna Road, Why doesn't the . commissioner work with the landowners and developers to find a parcel of land In her. neighborhood, and place the types of projects she favors putting in our backyard, in her backyard. Sincerely" ~7~ Richard Mackay .. '-" ." 11/3/99 TO : Commissioner Doug Coward RE: Proposed Valencia Place Development r -IZ~© Dear Sir, This letter is in reference to the proposal development of Valencia Place, A Senior Apartment Complex. Which Is being proposed to be built on the West side of Lennard Road approximately .50 miles south of Tiffany Avenue. My interest in this project is due to my residence that is located across the street covering fourteen acres of property. There are many reasons why this development of property concerns me. To begin with Lennard Road is already past the ability of handling the excessive traffic that faces this two _ lane road. The county needs to take close note of how this complex will have an Impact on this whole entire area. Many schools including Village Green Elementary , Carousel Day Care and Port St. Lucie High School are all centrally located around Lennard Road. All areas in which DO NOT have the appropriate sidewalks. The sidewalks are needed for the students and also the public. Isn't this how are tax dollars should be spent? Also to the south you will find extreme traffic into Lennard Road from Mariposa. Here Is another Elementary School, and a rather large Catholic Church. This all connects to US 1 where property has been sold to Home Depot. Also adding to traffic concerns Is how many people use Lennard Road as a "short cut" to get to Walton Road. To make matters even more concerning Is the proposed new Super Walmart that may be built at SE corner of Mariposa and Lennard. I strongly feel that the county should take a closer look at the severe impact that this new development will have on ROADS, SCHOOLS, and the surrounding community. I also understand that we have low Income In area and It Is not filled to capacity. I hope that you will all take time to visit the area before makIng any further considerations or voting procedures regarding zoning changes. Sincerely, tIJ ~ ¡/..t{J~ ~ry (f 9800 Lennard Road . . , æ/ 335-2307 . ~ ~ /~ L~U-u, ~ ó}.f- Ú?7? &ø~ - ~ ~~ <M-- (J IF '7P4.:1- ~ ~ ~ ~ r h"~":'A··"'~·~~~~:".~ ~~,..... From: To: Date: Subject: . ,) - UI\IU r ell lIt!;:l::' II Il;. ~"............. ~~... .....~... '" '-~. .. .... .............. ...~. .................J'...... .............J'........ ....;.:: ...""..." ~ag~jj ....................-'.........................................................~~................, ^............... '-'" ""'" SUMMER IVEY Barbara Burse, CHARLINE BURGESS, Liz Martin, Vi... Tue, Nov 2,1999 3:10 PM . BNG Partners Inc. Mrs. BUckley from 105 Main St. Ft. Pierce, Fla called to let us know that the senior apartments proposed for Lennard Road are a wondelful idea and that she will put her house up for sale and move in if they are approved. She said to pass it on to the other commissioners that this would make living some place with assistance affordable enough for her and that It would be a god send for her and many other seniors In her situation. If your commissioners would like to contact her her phone number is 878-9814. Summer '-'" ....., ; t 1 "(\:, ~ ,. f'· '. Com. Hutchinson stated she felt something needed to be done a!ld this could be a start. This is why she requested discussion on this project. ., ~ ~.. Com. Coward requested reviewing the scope ofwqJ.;~,þefor~ expending $10,000. He felt the design features are very critical and he concurred with Com: Barnes' remarks, however, in concept he does not feel this is a bad idea. His,preference is however, to obtain information trom other existing roadways in the different designs utili.zedto get a feel for the numbers before it is finalized. Com. Barnes requested a scope of work be placed on the agenda December 14th. , ;~!; .: :: ì The County Administrator advised the Board that they would also have a budget amendment transferring money from contingency and setting up a proper account on that date. The Regional Planning Council will also be contacted for their input. There being no further business to be brought before the .Ðúa.fd, the meeting was adjourned at 9:20 p.m. .'",. Chaimlan Clerk of Circuit Court C'..i;' '.'. : .... -7-. ( \ '-" """" AGENDA REQUEST ITEM NO. ;2. /3 DATE: December 7,1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-282 - Proclaiming December 11, 1999, through December 18, 1999, as "AUDUBON BIRD COUNT WEEK" in S1. Lucie County, Florida. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-282 as drafted. [x] APPROVED [] DENIED [ ] OTHER: CE: COMMISSION ACTION: / Review and Approvals County Attorney: tll Management & Budget Purchasing ; Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ_ Eff. 5/96 .f ..,. J '-" ..., RESOLUTION NO. 99-282 A RESOLUTION PROCLAIMING DECEMBER 11, 1999 THROUGH DECEMBER 18, 1999, AS "AUDUBON BIRD COUNT WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Since 1957, the St. Lucie County Audubon Society has collected a wealth of information on bird species, habitats and the general environmental health of our county, from its annual bird count. This year data was discovered from bird counts taken in the early 1900's. 2. This year the count is scheduled for Saturday, December 18, 1999; and volunteer-birders will cover the same fifteen mile area of our county, documenting species and their numbers from sunrise to sunset. 3. At the end of the day, birders will gather at Central High School's Cafe to report their findings over a pot luck dinner. 4. Besides this annual event, the St. Lucie Audubon Society offers birding classes, entertaining and informative presentations, monthly field trips with local expert birders, as well as presentations by experts from all over the world. 5. St. Lucie Audubon also funds teachers' guides published by National Audubon; sponsors St. Lucie County's annual student science award; and accepts invitations for speakers and presentations from schools and educational organizations. 6. The St. Lucie Audubon Sanctuary is now being restored to its Native state by the efforts of Audubon President, Judy Gersony. 7. St. Lucie Audubon birders Dottie & Hank Hull totally operate the "Rare Bird Alert" for ~ i ~ "'" the entire State of Florida, wherein by phone or Internet, birders from all over the world access information on rare birds currently in Florida. 8. This year, St. Lucie Audubon will introduce the first birding guide specific to St. Lucie County, co-sponsored by the Cultural Affairs & Tourist Development Councils. 9. In conjunction with Indian River Community College Radio Station WQCS, St. Lucie Audubon will present "The Treasure Birder, A Guide to the Birds in Your Backyard". 10. Billions of dollars are spent each year by "birders", whose sport is to travel to good "Birding" areas, like Florida to add species to the list of birds they have personally encountered. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim December 11,1999, through December 18,1999, as "AUDUBON BIRD COUNT WEEK" in St. Lucie County, Florida. 2. St. Lucie County is grateful to the local Audubon Chapter for helping our community realize the economic benefit which birding can be for our county. PASSED AND DULY ADOPTED this 7th day of December, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY '-'AGENDA REQUEST ITI!t4 NO. ,5 Ii DATE: December 7, 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Ordinance No. 99-23 - Funding for Crime Prevention Programs and Safe Neighborhood Programs BACKGROUND: See attached Memorandum No. 99-1267 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 99-23 as drafted. [ ] APPROVED [ ] DENIED [x] OTHER: Pulled prior to meeting D 9 sAnderson County Administrator COMMISSION ACTION: County Attorney: Jl , Review and Aoorovals M'n,g.m.n~, ' udget Sheri ff: tì if applicable) Purchasing: Originating Dept, Other: Finance: (Check for Copy only, Eft. 5/96 , , ';¡ '-' ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO. 99-1627 DATE: November 29, 1999 SUBJECT: Ordinance No. 99-23 - Funding for Crime Prevention Programs and Safe Neighborhood Programs ---------------------------------------------------- ---------------------------------------------------- BACKGROUND: Attached is a copy of Ordinance No. 99-23 which was drafted at the request of Undersheriff Dennis Williams. The Ordinance, if adopted, would allow the Courts to assess fines in criminal cases to be used for crime prevention programs and safe neighborhood programs. Permission to advertise was granted on October 12, 1999. RECOMMENDATION ¡CONCLUSION: Staff recommends that the Board adopt Ordinance No. 99-23 as drafted. Respectfully submitted, ,. ~ / ~,é¿ Katherin~f'ékenzie- mith Assistant County Attorney KMS/caf Attachment " -. ... ~ """" ORDINANCE NO. 99-23 AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY TO PROVIDE FUNDING FOR CRIME PREVENTION PROGRAMS AND SAFE NEIGHBORHOOD PROGRAMS THROUGH CRIME PREVENTION FINES; PROVIDING FOR ADDITIONAL FINES TO BE ASSESSED AGAINST ANY PERSON WHO PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS CONVICTED OF OR ADJUDICATED DELINQUENT FOR A FELONY, A MISDEMEANOR, OR A CRIMINAL TRAFFIC OFFENSE, UNDER STATE LAW, OR A VIOLATION OF ANY MUNICIPAL OR COUNTY ORDINANCE IF THE VIOLATION CONSTITUTES A MISDEMEANOR UNDER STATE LAW; PROVIDING FOR THE ADMINISTRATION BY THE CLERK OF THE CIRCUIT COURT; PROVIDING FOR DISBURSEMENT OF FUNDS FOR CRIME PREVENTION PROGRAMS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, is authorized by Section 775.083, Florida Statutes (Fines), to adopt an additional court cost of fifty dollars ($50.00) for a felony and twenty dollars ($20.00) for any other offense to be used by the County in consultation with the Sheriff for the operation of crime prevention programs including safe neighborhood programs under Section 163.501-163.523 Florida Statutes, with said court costs to be assessed in specific cases; and, WHEREAS, the Clerk of the St. Lucie County Court is authorized to collect and deposit the assessments collected pursuant to Section 775.083, Florida Statutes, in appropriate, designated accounts for disbursement to the County, in consultation with the Sheriff, for the costs of collecting the fines and for crime prevention programs including safe neighborhood programs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ARTICLE 1 OF CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY IS HEREBY AMENDED AS FOLLOWS: SECTION 1-7-13 Assessment of court costs to be used for crime prevention proarams A. The court mav assess court costs of fifty dollars ($50.00) for a felonv and twenty dollars ($20.00) for any other offense per case, in addition to any other authorized cost or fine, on every person who, with respect to a charge, indictment or prosecution commenced in the county, pleads quilty, nolo contendre to, or is convicted of, or adiudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance, if the violation constitutes a misdemeanor under state law and if the court finds that the defendant has the ability to pay the fine and that the defendant would not be prevented thereby from beinq rehabilitated or makinq restitution. - -, '. ~ ...., .Ii.. The clerk of the court shall collect and deposit the fines in an appropriate county account for distribution for the purposes provided in this section. The clerk shall release funds to the Countv. in consultation with the Sheriff. for crime prevention programs in the county. includinq safe neighborhood programs under sections 163.501-163.523 Florida Statute. PART B. SEVERABILITY. If any word, phrase, clause 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 , 1999, or upon receipt of official acknowledgment from the Secretary of State that said ordinance has been filed, whichever is later. PART D. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman John D. Bruhn XX Vice Chairman Frannie Hutchinson XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX Commissioner Paula A. Lewis XX PASSED AND DULY ADOPTED this XX day of XX, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 9 :\atty\ordna nce\1999\99-23. wpd '-' AGENDA REOUEST ....., ITEM NO. fj9:J DATE: December 7, 1999 REGU LAR [ ] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 99-22 - Standards for Fire Hydrant Installation BACKGROUND: See attached memorandum 99-1606 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 99-22 as drafted. [X] APPROVED [ ] DENIED [ ] OTHER: 5-0 CE: COMMISSION ACTION: /Y- D gla Anderson Administrator County Attorney: aJi/ Review and Aoorovals Management & Budget Purchasing: Originating Dept, Other: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 .. ,¡ '-" ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-1606 DATE: November 29, 1999 SUBJECT: Ordinance No. 99-22 - Standards for Fire Hydrant Installation ---------------------------------------------------- ---------------------------------------------------- BACKGROUND: Attached is a copy of draft Ordinance No. 99-22 which, if adopted, would provide standards for installation of fire hydrants within the unincorporated area of the County. The Board initially granted permission to advertise the draft ordinance on September 14, 1999. At that time, the Board directed staff to forward the ordinance to Fort Pierce Utilities Authority (FPUA) and the City of Port St. Lucie Utilities (PSLU) before the public hearing in an attempt to identify and resolve issues before the public hearing. Revisions were made to clarify that the ordinance will be applied prospectively to installation and replacement of water lines or connections made after the effective date of the ordinance. The ordinance also allows the Fire District to reduce the required main size to not lower than six inches on a case-by-case basis. The enforcement section was amended to provide for enforcement by the Fire Marshall. Fire District staff has reviewed the draft ordinance and recommends that the Board adopt the ordinance as drafted. Fire District staff will attend the Board meeting and be available to answer questions during the public hearing. .. ,- '-' """" RECOMMENDATION I CONCLUSION: Staff recommends that the Board adopt Ordinance No. 99-22 as drafted. DSM/caf Attachment .. '-' ~ ORDINANCE NO. 99-22 AN ORDINANCE AMENDING CHAPTER 1-20.5 WATER AND SEWER OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO PROVIDE FOR SECTION 1-20.5-1 WHICH WOULD PROVIDE STANDARDS FOR FIRE HYDRANT INSTALLATION FOR UTILITIES PROVIDING WATER SERVICE IN THE UNINCORPORATED AREA OF ST. LUCIE COUNTY, FLORIDA; AMENDING SECTION 1-20.5-40 ENFORCEMENT TO ALLOW THE FIRE MARSHALL TO ENFORCE THE PROVISIONS OF THE ORDINANCE; PROVIDING FURTHER FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County has recently experienced devastating brush fires resulting in property damage of several million dollars; and, 2. Adoption of regulations pertaining to fire hydrant installation within the unincorporated area of St. Lucie County is essential to the health, safety and welfare of the citizens of St. Lucie County; and, 3. The St. Lucie County Fire District has recommended that the County adopt Ordinance No. 99-22. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows: PART A. ARTICLE I "REGULATION OF WATER AND SEWER UTILITIES" OF CHAPTER 1-20.5, "WATER AND SEWER" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS FOLLOWS: Section 1-20.5-1 Standards for Fire Hydrant Installation Any water utility providina water service within unincorporated St. Lucie County shall comolv with the followina standards for water mains. lines or connections installed or replaced after the effective date of this ordinance: .. '-" ...., !8l There shall be fire hydrants located and in service within 600 feet of each other in all areas zoned for single-family residential usaae. multi-family. commercial. and industrial usage for flows requiring 1.000 aallons per minute. The hydrant spacing requirements shall be 1,000 feet for fire flows requiring 500 gallons per minute. .an All fire hydrants shall be located within dedicated public or private rights- of wav. which shall be paved or readily traversable by firefighting equipment. with required minimum separation distance to be measured by roadway travel thereon. LC.l All water mains intended and providing water for fire protection shall have a diameter of no less than eiaht inches. except that lower sizes of not less than six inches may be allowed by the St. Lucie County Fire District based on needed fire flow as determined by the Fire District. (Q) The minimum size water main(s) and fire flows shall be determined by the Fire Marshal and based on the current Insurance Service Office (ISO) requirements. æ There shall be no requirements for the establishment of fire hydrants in areas zoned for aaricultural usage. ill For the purposes of this section. water utility means any private utilitv or public. governmentallv owned utility operating providing water service in unincorporated St. Lucie County. 1-20.5-40 Enforcement Every police officer, sheriff, or fire marshall having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition, the county administrator may also delegate enforcement responsibility for this article to agencies and departments of county government, or cities in the service areas governed by this article, in accordance with state and local law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. .. · '-' ....", PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this _ day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY .. " ;;;;; '-"AGENDA REQUEST IT~ NO. .6(/ DATE: December 7, 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMIlTED BY(DEPT): County Attorney Daniel S. McIntyre Cou nty Attorney SUBJECT: Ordinance No. 99-25 - Title Loan Ordinance BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 99-25 as drafted. [X] APPROVED [ ] DENIED [ ] OTHER: 5-0 COMMISSION ACTION: Review and Aoorovals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 , \ ~ ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-1629 DATE: November 29, 1999 SUBJECT: Ordinance No. 99-25 - Title Loan Ordinance ==================================================== BACKGROUND: This item is agendaed at the request of Commissioner Barnes. Attached is a letter dated October 4, 1999 with enclosures from the Attorney General for the State of Florida. As indicated in the Attorney General's letter, as a result of the enactment of the Florida Title Loan Act of 1995, Florida's consumers have been subjected to an interest rate of 264% on the title loan transactions. To deal with this issue, local governments have been enacting ordinances that impose interest rate limitations on title loan transactions. In this regard, attached is draft Ordinance No. 99-25 which is patterned after a similar ordinance adopted in Leon County. A summary of some important provisions of the draft ordinance are as follows: ~ Interest rate limitations of 30% per annum ~ Disclosure requirements to inform consumers of the nature of title loan transactions ~ Licensee requirements and fees On October 19, 1999, the Board granted permission to advertise the draft ordinance. At the October 19 Board meeting, the Board asked for a list of counties which have enacted ordinances regulating title loans. The Board also asked for a comparison of the maximum annual interest rate allowed by those counties adopting an ordinance. In this regard, I am attaching a letter dated November 17, 1999 with enclosures from Assistant Attorney General Jacqueline H. Dowd which contains the requested information. At the Board's request, County staff contacted St. Lucie Village and the Cities of Fort Pierce and Port St. Lucie to determine if any of the entities objected to the County adopting an ordinance that would apply county-wide. Staff received responses from Assistant City of Fort Pierce Attorney Robert V. Schwerer and Village Attorney Richard V. Neill, Jr., copies of those responses are also attached. , , '-" """" If the Board determines to adopt the proposed ordinance¡ the County Administrator has designed the Code Enforcement Department to administer the provisions of the ordinance. Reu;;~~e:, . Daniel S. McIntyre \ County Attorney DSM/caf Attachments OFFICM)F THE ATTORNEY M:NERAL THE CAPITOL November 17, 1999 TALLAHASSEE, FLORIDA 32399-1050 /òJ~ /;~/C~ I .c'-~, ~i! --...... ¡ ---.j ROBERT A. BUTTERWORTH Attorney General State of Florida County Attorney Daniel S. McIntyre 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Re: Title loan ordinance Dear Mr. McIntyre: Enclosed with this letter you will find a list pfthe counties which have adopted or are considering title-loan ordinances of30 percent annual percentage rate or less, along with a map which contains the same ìnfonnation. Although both the list and the map show Martin County as "pending," an ordinance limiting title loans to 30% APR was enacted by the Martin County Commission on November 16, 1999. I'll bring updated versions to the public hearing. I look forward to seeing you and your commission on December 7. If you have any further questions, or if! can provide any further infonnation, please don't hesitate to contact me. Sincerely, " , ~, AN AFFIRMA TlVE ACTION/EQUAL OPPORTUNITY EMPLOYER J. COUNTIES WHICH HAVE '-'" ARE CONSIDERING TITLE Lo.. .i ORDINANCES OF ~ 30% APR OR LESS DRAFT - - November 4 @ 2'30 /l.m . COUNTY ANNUAL EFFECTIVE ORDINANCE # INTEREST RATE / DATE ADOPTED ALACHUA 30% #99-11 7/27/99 BAY 30% 10/26/99 BROW ARD 30% #99-19 4/27/99 CLAY 30% #99-4 2/09/99 DUVAL 18% #98-135-E 1/13/99 GULF 30% #99-04 7/27/99 HILLSBOROUGH 30% #99-05 5/19/99 INDIAN RIVER 30% #99-27 9/28/99 JEFFERSON 30% 11/4/99 LAKE 30/% #99-81 8/25/99 LEON 30% #99-21 7/27/99 LEE 30% #99-14 01/18/00 LIBERTY 30% #99-05 10/07/99 MARION 30% #99-33 10/06/99 MIAMI-DADE 30% #99-62 6/08/99 NASSAU 18% #99-19 5/24/99 ORANGE 30% #99-12 5/25/99 OSCEOLA 30% #99-28 8/16/99 PALM BEACH 30% #99-10 4/20/99 POLK 30% #99-28 8/03/99 SARASOTA 30% 9/29/99 ST. JOHNS 30% #99-24 3/23/99 SEMINOLE 30% #99-16 5/25/99 TAYLOR 30% #99-08 9/07/99 VOLUSIA 30% #99-21 7/01/99 \V AKULLA 30% #99-32 9/20/99 Ordinances pending adoption: Brevard County Gadsden County Pinellas County St. Lucie County Collier County Martin County Manatee County (Jefferson 10/29/99) In C ca o ...I I (þ - ...... i= 'I- o C o .- ...... ca - ~ C)« (þ 0:: b c ~ o o '-' en en Q) L- a 0::: a.. « '(fl. o ('t) ~ ;: ~ ~ ~ ....., '#. ~ C) o 0 c: ('f) GO .- T""""'C c: Q) a.. ~ ~ = co Q) ~ ~ ::J ........Occ > . > ,a o <1> . ij e G) c Q') G) Q') (!) Q') ~ T"" G) -.:i E èi> ~ .Q <C E G) Q) J: > - o ~ Z 0 G) CJ IE a '-" ...., LAW OFFICES N EI LL, GRI F'F'I N, J EF'F'RI ES, F'OWLER, TI ERN EY & N EI LL CHARTERED 311 SOUTH SECOND STREET SUITE 200 RICHARD V, NEILL CHESTER 8, GRIFFIN MICHAEL .JEFFRIES MICHAEL D, FOWLER .J. STEPHEN TIERNEY. ill RICHARD V. NEILL. .JR, RENÉE C, MAROUIS FORT PIERCE, FLORIDA 34950 November 19, 1999 MAILING ADDRESS: POST OFFICE BOX 1270 FORT PIERCE. FL 34954 TELEPHONE (561) 464-8200 rAV 1C::;~I) 464-2566 ,I Œ @ Œ ~ ~.. f .', ll~-- 2~WI _~OUNTY ATTORNEY I Daniel S. McIntyre, Esquire County Attorney 2300 Virginia Avenue 3rd Floor Administrative Annex Fort Pierce, FL 34982-5652 RE: Ordinance No. 99-25 - Title Loan Ordinance - County-wide Application Dear Dan: I have yours of October 26, 1999 in relation to the Title Loan Ordinance and County-wide Application. The Board of Aldermen is concerned about simply agreeing to a measure which applies county-wide without formal consideration and approval; so, although we discussed it at this month's meeting and the Board is generally in favor of the measure, they've asked me to prepare a formal resolution to consider the matter in December. Our December meeting is December 21, 1999 and I would anticipate giving you a resolution thereafter authorizing the adoption of such a county-wide ordinance. With best regards. ..- :~. '!' --,' ---_"':-:.:!'~~ Richard V. RVNjr/mkl cc: William G. Thiess, Mayor Diane Robertson, Clerk " I' , \ , ~tf (;, ,../ ~J'\\"J . r / \~~.' '\ Q. .J , \ J 1'\ ..;y x:, \ ~)Vtb ()~ ~ß~,' ff \);1 ~ '-" [~~ ':;'i."'~l ,'¡ - ""-' 'i( -~,~~~. _-:,:/ ··-<~0~,;.w ~ ~Z"'7 ~~ ~,~ F,..r;.~ ....., STATE OF FLORIDA OFFICE OF ATTORNEY GENERAL ROBERT A. BUTTERWORTH October 4, 1999 The Honorable Paula A. Lewis, Chair St. Lucie County Commission 2300 Virginia Avenue Fort Pierce, Florida 34982 ..I 'c) ,; <ã? Dear Chairwoman Lewis: As a result of the enactment of the Florida Title Loan Act of 1995, Florida's consumers have been subjected to an unconscionable interest rate of264% on title loan transactions. Since the Act's passage, this office and various groups have continuously supported legislation that would substantially reduce this interest rate and provide for greater consumer protection. Due to the onerous impact that such interest rates have upon the residents of Florida, it is not surprising that local governments like yours have begun to step forward to address this important consumer issue. Twenty-one Florida counties have recently passed local ordinances that would impose interest rate limitations of 30% per annum or less, substantially lowering the 264% interest rate which is pennissible under current state law. In addition, ten Florida counties are currently in the process of considering similar title loan ordinances. It is my belief that St. Lucie County could duplicate the efforts of these other communities by also restricting the maximum interest rate that may be imposed on title loan transactions. Legally, St. Lucie County would be able to utilize the same statutory authority as other local governments in reaching this result, as current law expressly provides that political subdivisions are not precluded from enacting more restrictive laws. See, Fla. Stat. §538.17, entitled Local Regulation of Second-hand Dealers. There is no doubt that the existing interest rates are simply intolerable and should be substantially reduced. This is an additional opportunity for local government to lead by example. As always, this office is available for any assistance you might need in your efforts. ~~I~ ~J" /I I c;..... ~.¡ ~~- Robert A. Butterworth Attorney General j cc:' Daniel McIntyre, County Attorney -- ri ' ) ,~<, , ,^,J ( yJ, '. \/ .---( ·1 '-I , J( ;,Q,/~,:' ,,( -' ,. I' \ / °0 \ / ,¡J'?, '/,1 ¡ 'I L; 7J y \ Diu! . Orlarnio'Sentinel. Monday, October 4, 1999 ~ ...." Fight on for fair rates \ o One by one, Florida counties are riding to the rescue of 'struggling consumers caught in car-title-loan quicksand. _ , _ Once upon a time in Flori?a, a. little- ly haggle about the issue, resolve nothing " " knoWn, harmless-soundmg 1I1dus- and go home. " , try asked state lawmakers to allow This year turned out differently. A5:, the it to open some shops. As if fairies Legislature emptied at session's end and had sprinkled dust into their eyes, the law- consumers faced another year of suffering, makers responded With an enthusiastic yes some knights in shining armor quietly and, :- ;,- even though they knew virtually nothing stoically took. up offensive positions. . :about the car-title-loan business. -' They included consumer groups, social- : Reveling in their good luck, car-title loan service organizations, concerned lawyers : ¡ companies began· peddling their wares - and others. And they sent word throughout : loans at rateS' as ,high as 264 percent a year the land, putting predatory lenders on no- t I .-'- to generally poor consumers whO' gave up tice that their domineering days had ended. . their' cat titles as collateral. That was in Big talk, certainly. At first· the càrctitle ' 1995. lenders scoffed. What could a small army ac- _ Lacking much oversight, the predatory complish against their big-blicks legions?· ': ': lenders practically raced down thè yellow- The predators, however,underestimated : ! ,brick road that the state had buîlHor them., the power oflhose with goodintentions. The ~. In a' few short ¥ears, they had opened stores consumer-protectors also had, a force with, :.~~.near and 'far, until car-title-loan store signs them that the car-title lenders.had'faileq to littered the state. -- take into account - a loophole, in the state , Then- the industry's aw-shucks:facade be- law that had' created the menacing industry. ,.r,gaJ1_10 disappear. -Struggling' consumers It lets local governments set lower lÙnits on :~umberirg in the hundreds ,of. thousands, I what the predatory lenders can charge. . ~~ad notIÜng to show for: their car-title loan One by one, count~es throughout the state I,," ~ransactions exc,épt' empty pockets. Many' have joined ranks with,the <;ansumer-protec- :~had paid back their' debts several times 'over tors. 'I\venty-one counties have approved or- i~- and still, owed the original loan ,amounts. ,dinances restricting rates to no more than ~O ~.otheÍ's couldn't keep up and - had lost their percent, a' figure that has gained enough ,~;cars, complicating their already-tqugl1lives.· support to stand as a statewide çqnsensus. It ,~ Of course, the car-title lenders couldn't allows a business to make decent money ::~have cared less about the misery they' with but gouging consumers. , ·:tcaused. They complimented themselves on Another 10 counties have such. an ordi- . -:'Ctheir Midas touch, their greedy eyes trans- nance under consideratiO'n. One O'f those -'-. ;'¡fIxed oQ. the cash pO'uring intO' their cO'ffers. ,Brevard CO'unty - remains the last in Cen- : .~ By 'the time some -làwmakers fInally tral Florida still without an ordinance. Itwill . · ~shook the fairy dust from their eyes a few cònsider one with a 30 percent cap in ffi'id- . i >';years ago and prepared to stand up for Flor- October. Brevard County, too, can become a '.:;ïdaconsumers, the predatory ,lenders had shining knight. So can other counties ¡grown very powerful. They could afford ex- throughout the state that have yet to vote on ':þensive lawyers, lobbyists ahd publicists. this issue. ,::Crusading lawmakers might as well have Decisive action might help dislodge the ttried to slay a dragon with their swords. fairy dust that continues to cloud many ~' Not surprisingly, year after year, the vora- state lawmakers' eyes. For now, this story; :cious lenders worked hard to keep the Leg- will have a fairy-tale ending only if all elect- ' :islature from changing the law that lets ed officials fight back against the predatory ;them abuse consumers. Lawmakers typical- hordes, ----- '.1' t\ .< The Orlando Sentinel, Sunday, Ma~' 9.1999 G_SL- '-' "WI In counties' llands o Local governments should take advantage of the power th~y have to limit rates on car-title loans. . ' ;- ·1 :'1 .Llt ¥ ;,¡ Florida's poor and financially As the session came to a close, officials in 'I strapped consumers got no relief several of those counties started talking from the just-concluded session of with each other, with Orange County Chair- the Legislature. Lawmakers argued man Met Martinez playing a key role .in urg- 1 about the heed to control high-cost, predato- ing regionwide cooperation in setting a uo.i- . ry lenders, then did nothing. . form rate. . , ·L SO businesses that make Even as Orlando-ar- l' small loans for car titles at FLEECED ea counties work on'" I:! rates of up to 264 percent a their own ways to rein . year and others that gouge .^:' in ·car-title· le.nde~~ ' ; people at: even higher rates I--=-- -~ IN' ~.~~ ..'. _ ....~ they' .should pass .ti?-.(:;~: for advances. o~ their p.ay- FLORID' ~ id~a' along to t?~.it:~J~ checks are still runnmg. .' neIghbors - countl~s,~';:h.1 arriok. . . . . ..' such as.Brevard, S~m- -~;{¡ But there's .one bright '~: " ·ter, Flagler, Ma..-ïori;: 'ill spot: As hard as it tried, the ....... ~ . . . . . . .~. . . . : ':' ,'~,~ . . ..: Polk and Indian River'~'· .... car-title-loan industry. wasn't able to elimi- . 'And if those ~ounties, L'1 turn, take up the, ':.;¡¡ nate the right òf local governments to im- challenge, approve a rate of 30:',percent arid·:!~~ pose limits that are stricter than what the recruit ?ther, cou,rities! pret~.~?~~.thè;$Î1t~~ii$} state allows. . state Wlll ~e..;~b.uzz:~t~'y.ral?;,;.~?§.onff~~,.~~t.~t~ Local governments apparently can't do loan sharks. ~ .~'; ";,., : ..', ·1~?,,.:·:;.'1. :-~"';" -";"" n:u;h about.the outrageous chai'g~s for pro- The Flòrid~~ê~~~ti,orr;~~~~q9,4~~i~~.ic~- ..\ Vlding short-term loans on paychecks. Un- help, too. It can encouráge ·~ts m~~Q.e~s .to ,'f. fortunately, the state still claims' that for it- protect their most'· w1D.era151e consumers,.' '. self. But local governments can take matters perhapš even,·..pio:V:iqe, ~, I1\Q§:él.::oE4måþce,.. ,7~::; into their own hands to control car-title 1end- The association wiU110ldits·ann~al.:,m:E?~ting, ,... ers. in Orlando in June:That'would be 'an::e:xcel- Ideally, every county in Florida win im- lent time to discuss putting the brakès on pose the 30-percent limit that already has the title-loan industry, perhaps in a work- been applied in St. ~ohns, Broward, Palm shop.' . , Beach apd ~lay counties, to name a few, and , If ~nough counties act, car-title lenders is being talked about in many more. will find fewer aqd fewer refuges where they That 30-percent rate is also 'what was de- can gouge the poor. Indeed, if all counties ~ bated iIi. the.Legis1ature,only to fall victïm approved a rate of 30 p,ercent.. the effect to fast-minute lobbying. would be the same 'as the .statewide limit In Central Florida, the responsibility to that the House bill intended. help consumers now falls to commissions in Without doubt, a single, statewide rate Lake, Orange, Osceola, Seminole and Valu- would be ideal. But the Legislature couldn't sia counties. Fortunately, elected officials .in muster the gumption to pass one. many of those counties saw what happened It's up to the counties to do what 'ralia- during the Legislature's handling of the car- hassee wouldn't - put the loan sharks in title-loan issue - including its failure to act. their place. V'.._ ~éýer :La1íslqr's . I. . . , By Marcia' Gelbart ... Palm ~ Post Sta/fWri!~r ' ,For ~more than - 20 years, Alvin Malnik:..the man once regarded as the h~ir apparent to mobster Meyer 'LanskY, has called Palm Beach' County home. ' .. Dúring that time; the 65-year-<>ld restaúrateur, described by federal authonties as a top associate of or- ganized crime figures, has also been declared unwelcome in casinos in two states. '. But here, he lives in the tony· suburbs of Boca Raton on a 34-acre estate with 11 buildings, an arena for Arabian horses arid a bowling alley. fé, I Yr] ßea. c1¡ lawyer ~!:;7C¡ . "Frankly," Malnik says, "I've '> given up. It's like fighting ghosts." 1 Along \'tith other investors and I fariÍ1ers, he stands to profit hand- . ¡ somely from Palm Beach çounty's . effort to buy $100 million worth of land in the Agricultural Reser/e, where heo\'ms prime property near ' Boca Raton. Already a lawyer~ real estate mogul and founder of The Forge, a landmark· Miami Beach restaurant, Malnik is also the driving force be- ' hind a 'new and thriving industry that won special favor fr:om Florida law- makers four' years ago and that' consumer· advocates call "heart- Newly married and the father of 8-month-<>ld triplets, he's busy as well building a new residence, a mansion on a $2.5 mil.1ion waterfront lot in Ocean Ridge that was once rumored to be Oprah WiIÚrey's fu- ture home. . . Among his friends, Malnik counts Saudi" royalty. His son once mamed a princess descended from the Middle, Eastern. kingdom's ~ounding family. He denies any ties to the mob, and has no criminal convictions, Nevertheless, he says, he's been unable to 'change the perceptions that linger. now title loan l{ing"T ~~6~ , . . , . . ,; V ~/: ~~;;, . . le~s.;' '. ,.' 't r J ~¡;;: . The sole owner of a Georgia w!ge çam~algn t~ g;et other.s~te lègïsLa- . í company, Title Loans of· America,,' ~5~,s.to ~alse their mterest rates as well. .' , Malnik runs a national chain of loan ,: :~~.;:: !f thiS law was on the books:Ï.r,1 the' /. . stores that make millions of dollars, ?2§,; Butterworth says, "Al, Capone' from the interest charged on quick w,2l;1ld ~ever have been a bootlegger.~·· " cash offered to, People in desperate, S·~'-:: . ded' b . ·.::::i'·, ¡ '. . . " . . . urroun'" fi " '. ,; , need ,of money. '. "", ,¡.... :,'.' ..; y Cn~e: ,gures .' i . A19~5 state l~w allows leQ.d~rs,to ' '.: ';::Alyin Malnik,has' never :been con- ¡ charge rnterest rates of up}o 264 Vl5~~d oía ,èrime.'.:." '., " , :,.', .' ! percentayear-22 percenta.month ' ,:;.j3ut govèrmnent accusations·thathé - on loans secur~d by ~ebtqrs wh.o w~~ an underworld businessman have turn over the keys and titles to thel[, . . dogged him and many· f h' . ' . t ' cars 'The loans are generally for no f'~'d d 0 IS assocla es , mor~ than $1 000 ' ' . ' . ·?!;;"..¡x;.ca esh··, , " .' , . .. ':-...., .', _.!.. _, .:. " _"'_ _. ' : ';."'~y ~len tl e owners of (;aesars Wodd : . A Title Loans of America 19b,bÿfst appJ,ieä to' open a New Jersey'casino,'the . dr:aft:ed the law. Lawmakers have virtu- $~te~s' Casino' Control"': Co'ÌIÙnišsiõri. . alIŸ:'.gúaranteed the .industry's financial ~ed : d.own· the "re9u~$t;_ C:it;lng.. the, 8uc:cess eveI)\ year Since.' C?w~rs ~ liI}ks to, Malnik Hi a 'lengthy in~' . '''''Attorney Gÿnenil Bob' Butterworth y~s..tigativ:e'report, issued iIi' 198Ó andre:. likens the busmess to "legalized, loan .1!Ú?rced 13 years later:'" '.' , sh.ârking." : ~~n. the findings, Lansky figured most . Palm Beach County has 37 licensed p,ommently ,among MaInik's·. alleged ti,tle loan stores that write $39 million, mob conn~ctions. Described in'n'ewspa- worth' of business a year, according to per: ~~adlmes..a~ "C~ainn.an of the Butterworth. . Bo.~.d and the Fmanclal WLZard of the Many lawmakers consider the law ari µn~er:vorl~." Lansky opened gambling utter embarrassment But refonn efforts ope.rations m South Florida alter World fa.il each year, while a steady stream of War II and contr?lIed casinos in Cuba cash from Malnik's company flows into ~nd, 4s \:,egas. HIs notoriety led to his their campaign coffers. mc1~slOn In The Godfather, Part II, Since the law passed, 750 title loan . !t was a known fact among the businesses have sprung up state\~ide. cnm10al underworld that dealing with Al Ami unchastened by its critics, TItle Malnlk was th~ same as dealing with Lüans of America continues its nation., ~!eyer L:an~"..y, Vincent Teresa, "a con- -- vlcted cnmlnal and frequentgovemment V{itnesb,fur¡:rently in ~~e federal \-'(itr. : because of his questionable associatio Prõ'tection Program, swore to Inve~U.- ~.,d Vincent ':'Jimmy Blue Eyes" Alo,who gat,õrs, accordi,ng to the NewJersey re- \ ~ con'Äctedof obstrùcting the admit:t7~ PQtt '. .' 'mration of federal securities laws. . '., J :~Vhen Lansky_~iedin ~9~3 at.age8~,. :(In charg~s. related' to Scopitone~ Reader's Digest nam~d;Malmk hIS ~elr M~lnik wasjnâicted On charges of~: app'arentU~e mo.~ker stuck. .' . r,k,;,¡ . evasion in 1966 by the U.S. attorney's,' ';__InararelntemewWednesday,ap~~..1 'office in New York. The indictment waS lakèfront estate, Ma.lnik denie,d· nfoD'! dismissed: " . . .;',....~.. cóñÍ1ections. He s~d he's d~ne nöthin~·".i . In the early 1970s, Malnik invest~1 illegal and never worked WIth Lan~~~ I ed with Clifford Perlman;"chairrnan'ofi except as his attorney.' . . the board of·"Caesars World, .·in the! "I had, I must say, quite a good rep- Cricket Club, a Miami high-rise with 220: utation " he said, saying the.work for IDS condos. The developer.·Cal Kovens, whò: . iniamo~s client w~s prpbably the result s~rved three years in prison after being of a referral. The pair ~etf?:~e-to~face just conVì2ted With'teamsters boss Jim;';y once, by chance, Ma~ik sald. .' Hoffa on fraud âI1d conspiraCy charges in . "My representation óf a man In some 1964: A builder worth millions, Kovens civil matters in the early '60s' has been. would later chair the board of Mount Si- converted by the media into rel~tion- nai Medical Center,in Miami. '. ships that never existed,." .he said.. "It's ., . IS In 1971, Malnik and Sam Cohen, the most preposterous, ndIculous, mde- who had been indicted with Lansky on fensible situation to bé in." .' c~a:ges of ,"skimming" mor.e than $30 Some are reluctant to forget It !: rrullion from the Flamingo Hotel and Even now, garrùng officials inl'fevada'! Casino in Las Vegas, bought325 acres of and New Jersey don't want him iri.their :. undeveloped land t1.¡at belòngedto a casinos. ' .' Dade County, country club called Sky- "He is not welcome here," 'James; lake; Malnik ultimately realized 'a' ·net Hurley, the chairman of the Ne~ Jersey: profit of $14,7. million, according to the Casino Control Commission, WhICh reg- ¡ report." ,: ulates the state's gambling industry, Said ! "The evidence establishes that Mr. last week. "He's done nqthi!lg to over-! !'Æalnikassociated with persons engaged . ~om~ his ~eputation of bemg closely",. .lll oq;anized c~nal ac~vities, and .that Identified WIth Meyer Lansky and oth.er. ·he)Ûmself particIpated ill transactions organized crime figures." that we're clearly illegitimate and illegal,",' , the gaming commission, said in a 1993 The commission report " J:~i~era~on of its earlier findings.,. 'I : . Shórt, with a muscular b.Uild årid à,:':· :'; JÞe~:,~g~ond. ,r.~po...rt r~sulted -:from a.i sòftvoice Malnik was'born in St Louis in ,: w~eke.qd ~pM~ look III Augu~t 199~' 1933. He' marrled,·ni.oved:to Borida in":· ~tþ ~~ pe~~le t9, Caesars Atlantic City; the'1950s and graduated from the UnV'·Hote·I"·an'd Casillo "0 Th··.. C'·""· C' I: , . f M· . La Sch 1 " . . e aSIDO· ontro verslty 0 laml w 00.., ' . Conunission reprimanded I' f B,Ythe ag~ of30, he l1ad rna~~~name: Cåësars~ where Malnik's P=::· ~~ed? for hunsel£wlth federal authonti~.., . ",' a :comp' lirii·,· ';"ntary' , .L\..'':', "'ee-'b'dr s, ye . III " Am ' th 1 tail . th 1980 . . g' ,0;;; . uu e oorn swte , ' .o~g. eae S.ill ~ "gamm .:'~'andtheTiuÍilpTajMahal;'.whereMa1nik comnusslon report '. ' ; . ., '..' .':: sa~ a conce,rt,by singer J öey Loren.. , II In 1962, Malnik was listed as a di-; ;.i' R~feqing to,!þe commission's eli' r~ctor of theB~ Q~Wor1~ Conune~,:e, . deterrhinations;the ,re'pòIi-'sald a.!Th~,., a. Bah<:;nas-based IDst:1~tiO~.that. 111-;: mere påssage of time' does riot, in' and of ' volve~ some of the; na,,~o:>-s. top gang- itself, disturb these findings." sFers, the report sald. Mlllion~ of dol-, . ' Almost two decades since the initial J~s passed t?r0ugh tfle door and were lllvestigation, Malnik asked a familiar remveste,d In syndIcated controll~d question Wednesday'· "u th . t . th U ·t d States" WhIle . ere was any proJec s III . e ru e '., violatiorr, why wasn't I brought t th b connected Wlth the bank, Malnik was ofjustiée?" . ' '. 0 e ar - -----. indicted in Florida on charges of under- reporting his income. He was later ac- quitted. ' iii In 1964, Malnik organized a com- pany, Scopitone, that produced juke- boxes' with attached video screens. Among its stockholders were men police believed to have organized crime ties. Tney included Irving Kaye, who in 1965 was denied a Nevada gaming license The Florida law . Lawmakers say they knew little about Title Loans of America when they passed the 1995 law, Until then there we:e no title loan businesses. ]us't three legIslators voted against the law. wIt's the only blemish I have after 24 years," said Rep. Ed Healey, D·West Palm B~é\ch, w~o ~ponsored the law. As . . ... he strode i.n~o.th~ ~nat~ on the la~t aan: rl'the sesslOnthatyear"an old ftie"nd rfu1!'. .0 him .an?_.é!:?~~dhirt?- tÒ;"§·Úb"iïUtãb' ,-Jtea'ley S"'d .,,-' ,"I: t"'~'~, !-',;', "I, ,.;",'......~' .".~;l"Jll. i1'éa GL..L. " . . "~4." .. .,....\............,,~_,......JLI,ò:., . He said ~at fri~nd was fòITrie~Hö\if~ Speaker Donald T~ck~r¡ a 10bbY.ïst~fo~~ TItle Loans of AmeDca.,~:!.::,,>,;'-, :;'~Ci,;./ '5 . ~I knew, the subject~iÍiâtte'r'!.',:;H"·~1i,~ said.~ But, Healèy ~~aO:he.;ri~vë~~~å~ th~~ details. " ; '~~, '.' ' , ;' "; '"t.' :':' ::"'<:";:; . Tucker didn~Ú'ettiri1\,phorìe:~:~·f(ó~ hIS ~allahasseeoffice..., ',:', , ( ,; ,~,,{:~~ S,mce then Title Loans' ·of ,,,:..... '.' ,!?i , , 4'1.lUenca,.e:; has swallowed ,dozens, Qfsinall:'chålnš¡~ and. in~ependently "OPéf~t~,·d,:,štôr,è,';::I· making It perhaps the largest title lerider.. in the nation. Malnik said hé' Ov.~s\·'6i:·. ? usinesses in Florida, but reveaJ.š"n'ò~H:..t..:1 mg more: ' . '.,',' . Malnik's involvement sUriáce{:,ffi' 1997 when the company's chief execu. : tive officer, Fichard Aycox, identified ! him. inadeposition as part of a Georiia .; civil lawsuit Aycox, a fòrmer used-car . salesman who initially recruited Malnik' to finance the bu:sihess, has since been replaced by a former TransAmeriea ex- ' ecùtive,Bob Reich.' .. .,....; ;-;; . According ~o the 'deposition, Måirilk . owned 50 percent of, the company: through a trust called U.S. ,TItle Trust'; Malnik said Wednesday' that he 'has ¡ since bought out the other two öwrie:rs,'i , ,. Aycox and Lee Partiss. A Georgia:,bÜsi.:J nessm~,Partiss w~s, ac.q~i.~ed pf ,qÏþgj sm'-;.gglingcl1ar~e~,1A;'Mï~.Jn ~~8~~:)h1 . Nobody ,seems, to,understand iliä:tj' the ~3:.st ~, aj,Ority,o~ Þ~o,q;9;.y~[S ar~ h~µQY to,;have'b,orrowed the,money, anà·ttiëÿ rettlrn..it, ~::sàYs· Miilnik~~\vhó·caIls·Biit: h~rworth's ,attacks'"sC;umfuy." :.. . ,';1 He. :says ~1.¡eati:ömey generalh~ ,singled out the title loån industry ev~µil though consumer finance and tax refun'd ,comPa?ies',;~~s, well as,check~shírig ?1fsinesse$, ~ often charge. even high~~ 111t~rest rates. .'. '.::.: . _.:' , r.\¡!vf, ~k, con~e~es mO~,éi3., ustere rég: ula?9n ,of-. the mdustry IS needed. H~ eveIÎ ~upp~rts a lower interest rate ~1 about 150 p~rcent a year. Anything less;., he says, would essentially bankrupt title: lenders. . , ' , . :; Many·of the stores are mom-and-pop,: operations that often lose' money on: outstanding loans, said Michael Coniglio· of the Southern Association of TItle Lenders. He's lobbying for a 168 percent cap. . More significantly, the industry helps people with little money and no bank accounts, Coniglio said. "\Ve're a ':. . ...:~....., . eo 00 ~'.."." .J .. 0;0, .. ',r I ,"',' '. ":',;:";:.::7:.::": e~d 1 "';',,.'," . ·>,::r:..···' . 't,".' ",,;;'::-,; "chea~~~a1temative, .top<u~.h ..' " "~:""':::.' .: :.....JI..~...:: " ',;".'(':' ODe of,Malnik'sS1lþ~gtc!f~e,~ Sli~a::~~:[, Campaign, contnbutron~-: ,\<;::: .:,.,~:.:;,'::, \:';Gl~~,:':, 1lali 'ddress WltD.:vurng 0 s....... t'··, '. ',.', " '. '...' . Tadati6~~e"B~t the~ i4!Þ.t~.(~ ê:,~orpo- ¡ Ti~,!'~ !~9a~s, :·~t Amei'ica gav,e. $114,25~,~i,Q s.tat~.:.?·a~,': .·p'aigr\~~~;:'~.:, ~~tion:ànd 'my.irtte~~t:·.¥'a.n}.s~9c1atiOn ¡', cont~,Il:j~.t!9n.~,.be,~ween ,~~v..16, 1,995. ~r\~;J.p~·~?f:;,·~~?~,~~~;:ç-·' \t are different," ~ont~li~,~â, nl~g~~. : acc·ir.d~~g',t.9, A,onda election records.·. H~re IS.é! .{o9k.;~F~S.?,rp~}',:": . Loans.ofAr;1enca hf 1re~;.~~~rts~";e ~ái.O:; of th,'é'.palri-} Beach County recipie.nt~.. *,. " ~ ',:;:.), :.~t>;;:j;. ~f..::;~: rn:,Flonda, re O~~!-l? ,. . ' 'R' I'. "t ",' · . ". '..:.. .... Amöùht ,~Dåt~·-'\---;:::" d! . . th legtslatlve~seSSlOn tþat eclplen .' ' , '... . . ," \'" un eç ¡tl;i~ we:k. Rep'::;';$ill Sublett~-;.$.' tâ.~qglfiJB..qS)?jÚ.;:·D;W~~te.ª!QJ:e¢ª-çt(~"~.!-t~50Q~107A!4-lS:S~ " ctî~do' has sponsoted~å bill that w?u14 . Sen.:...}'!ta"~,~~.~.o~w~<?~:~~ite~ D.:~~ _L~~~~}e* *_,..$_50~~~ 10/16/,9~. limit th~ annual, Ï1}~~re~t rat~, t? }O..~%1 ·1ê:~f).!;R{rIl~~rn,:~Ç>2.9~~~Y~,ŒE&I:I,gg~¿So(jnâ ~~~f~§~Q9-~, " :a7.:cr6~, . cent'It assed thè fu~~''',o~ ß.ve H9qs~ i S~~~?n _Klel~,_~-:.B~c~~__._ _~~:Y' ~,,_$500 ", "..10/'ß/97 , cornrñ..itt~es Wedn~sdaY;fBuç~the senC!:t~' [Sen";~~1~'{.~Iq~LI.~f~~D:F.orts?ug~rf.!.alEt,~~~~~~:!t5§~5f~ ' ,I ~. killeli .: a coiripanio[(';'þill;./Iþurs~~y, Former Sen. Matt Meadows, D-Fort Lauderdale .$500 :' 6/22/98 ¡ choosing instead a measure.That y;ou1a: . . ',' ! limit illowable interest to 96 percent. " '\ Poltt~cal Party Amount ¡ 11Ú~ industry,has ¡;,espond~B' %'~~dh . .1Œ!.9li9-ª"º~Di9.,£r§.ti.9Æ:.êctY1~~~'1?'a:::W{i;~~~~~~tt.i~A~~p..~~"t'l:~~: effortS by'donating g~ì1érous1ý1t99° 5 °Tin t1~, Republican Party of Florida.' " $72,000 ' ",.¡ lawmakers. Since November,. ,. ' ,1.~. ' , J Loans of America, o~ 9Ì1e,of. its ~ub~~~:: " At least five other companies affiliated with Title loans of America donated ~:'~.';'! iaries, has spent. mo~e th3? $12,S!OOQ 0d~ $12,000 to Rorida lawmaker$ in 1998, Klein, who got a total of $1,000 frqm . . . campaign contrtbutions, ~state . re~9r; ~r them, was the. only ,Palm Beach County legislator who received CO.l)lribution~.", .' show. About half \vas qonat~d last y~ "" Dawson-White also received $500 on July 24, 1~98 from T.errt Fields, :'-' , , , . . ",' ': ;' ,./ 'chief fici'ancial officer of Title Loa'ns of America. ,- , alone. "., .'"" .: " "," "It certainly puts my, ~tenna~ uP'::, , ·-:',..;f:., ". . said Sen. Ron Klern. I?:-BoCa ~ton,V!f1~~ " . . . " :; ,f-' received $1,500. "Buf 1 wo.n tacc~pt.~~¡ The . U;dus"try.:· i~ -:fig~tfug. ~'b~ëkr face value the fact· that the. compc¡.ny,).~ Coniglio, on behalf -qt one 'of rus mem- tied to organized 0me., If 1t's' proye~.'J¡ b fil d 1 t t th "1 k I certai'nly W· O',~'t acce' .pt. (m.', ore,!Il, one,Y)..:' .':,,',' .ers, ~ a awsui, ,~gafns' ,~' ,~c"" ~9.nl - Vllle ordmance. passed mJanuary,,~; ·r,'):;, Sen., Tom .Rossin, D-West, :P?1ffi The prospe.cUS(a couIity~öY.ço4ll~ Beach, got$500. "It should, b~'~' çoJ~ç~ml attack frighten"s:Malrtik, ~If it's1~ ·to.t11~1 that orgåIÌ~~d c~~:w~µJâ..~~p'r~~tiIl,~1 'I counties or munièipaJities;'the;m.4Ú;stjfu' from: an,·ri<h:". .~>,.,!.,,,,!!..e_~ß...O..,;~i,.,;,'..;h" e;;,c.S31,.. '4.~:iii't1i:ti".~.~.'l ~..:" d· ' "h " "'d" '" .~, ,: \. Ju,uu . ~', .. t. ..,' ,nt WW. lsa~p~a,r, ,e~ '·,(.·:,..:.;;:'f::: ;' , Problem lS;"c:p.¡:J¿j.!'{.e:.Qþera. ~i"OJ1~'~~...-:'~~~" ,. , ' Malnikløaves"that,w""htto'.his'.1o't.;.,b't1:r. mors ' héåiS1iy?~ ,:¡.:J{r, ,:4\1·)¿]?ti':··-~~-\!~~~M, istS ànØ continues to kei;>:a)crw Í>rófiï~ib: ': I, /,;,:,:,'::~ì:t".\lif'r;,;~ TallInah, 1a9s,9seS'e"h:' Be Umtamno.tehde;O~,r':':a::·se·c!,O:~n>·d·':l~"",~,~..~t~~...." A new ~countý law?;'.;(:...,' ,-·f~r·: , . " J.I' IoUµ. , , Th~: irldustrY þ~~,.~?èò·~~s~· "õ~é~ ' to Nancy Gresham, a woman 36 years his state legislatur~s töJiftthe1f,ù1~~~st.r.ar~. junior, in a v.red~~ tha51ed the ~p5=!~tY. caps tqo;-A.ccqf:dingto. a".199p.:~~y>~y' ,pages of Th"MzaTlu Hefald.:Each Of'~' ButterWðr1þ.'$' .o~cë. at ,l,~~~~.~~ht.omret . 288 guests was 'Þresent~ :With a blaèk states ,~ovi 22 percent or gt~at~r maxt~ ,d, inn~r watch;:,',.~~·j;~tOrý. gcrs~ed; ';aifd muÏnmonthly inte.rest ~t~~.:. .; ", '. ',~~t¡.1' Malnik pr~sent~â ,rus bnde, WIth. ~a:~5. '.But 11 sta'tes stillbaÌftitle loan b,US1- carat emerald Md:diairiond n&klace~\r.· ness~s. ou.~gh~· ~~,:~~[~w~.~:~~~~ '~Wrl' ·:··Malnik has foutgroWn childrè~:~d defeated· mdµstrý,:att7.wptS:; tp 'i,¢h,~~,~ now three babies. Three: hign.chairs·.à:n,di! their laws. In 1997,' MiSS~W1 ~ gove~?òr. I stacks of Gerber baby food stand out:iir-a.:; vetoed the bill; and iIf 1998, Okláþ0!ll;1¡ I room filled with' tTendy>futniture an'cf and Arizona legislators rejected, s~l<if\ ; artwork. , " "" :.. i:: 'r' .., '0'1 .. . . ,. proposals.. , . ,. " ' '" ,'\.' ~". He still regularly' showS up at The' Palm Beach '.ÇqúIity. ffus,t;ra~d.J?.Y.1 Forge, which he runs with hiš son, Shà:.: inaction in'Tallahassee, ~opes to ~r:nulat~ reef, according to a man who answerétl' Jacksonville and adopt a locál ordmance the phone there. . . . '.... lowering the interest rate to 18 or?,O; And he's getting reády to'möve fró9t percent. Commissioners' backed that e~-.' his lush 34-acre estate into his'new2-acre fort this week, ".: " oceanfront home, which so far resembles, Besides the $39 million in loans th·~ a museum more than a house. .. ' stores write in this county, 110 stores do Quipped MaInik, "I:m dO:?"Wn. s.izing."'...·,..: ' $115 million a year worth of business in Broward County, Butter.vorth sa~s.; Broward County is also considering Its own interest cao. :.. - " ,.-- ....." '-'-' C)UNIi (c. \ I/. .:,;. ""- oJ' "'" ff\ -- ~ liY Of ORt PHR~~ toriJa TEL (561) 460-2200 FAX (561) 466-5492 OFFICE OF THE CITY ATTORNEY CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 D~I n; -Œ. 1l1f "'~r 1999 Œ WI cgUNTY ATTORNEY VIA TELECOPY November 11, 1999 Daniel S. McIntyre, Esquire County Attorney St. Lucie County, Florida 2300 Virginia Avenue 3rd Floor Admin. Annex Fort Pierce, FL 34982-5652 RE: Ordinance No. 99-25 - Title Loan Ordinance - County-Wide Application Dear Dan: Copies of Ordinance No. 99-25 are being subßÚtted to our Commission for review and discussion at the next meeting. I will let you know in the event there is any objection to the County adopting this . ce that applies county-wide. Robert V. S w er, Assistant City Attorney RVS:cje cc: Dennis W. Beach, City Manager ~ , \ :T, I, \ \ \{ \)0 l'ì \ \... / \ \. ~ .., ORDINANCE NO. 99-25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, AMENDING CHAPTER 1-14 "OFFENSES AND MISCELLANEOUS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY ADDING A NEW ARTICLE III ENTITLED "MOTOR VEHICLE TITLE LOANS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF MOTOR VEHICLE TITLE LOAN TRANSACTIONS; PROVIDING FOR ESTABLISHMENT OF A MAXIMUM INTEREST RATE CHARGEABLE BY THE LENDER; PROVIDING FOR DISCLOSURES; PROVIDING FOR LICENSES AND FEES; PROVIDING FOR INSPECTING RECORDS AND PREMISES; PROVIDING FOR PENALTIES; PROVIDING FOR AN ADDITIONAL REMEDY OF THE BORROWER AND PRIVATE RIGHT OF ACTION; PROVIDING FOR A TRANSITION PERIOD FOR REGULATIONS, RESTRICTIONS AND LICENSEE PROVISIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY OF THE ORDINANCE COUNTY-WIDE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 538.17, Florida Statutes permits political subdivisions of the State of Florida to enact laws more restrictive than the provisions of Chapter 538, Part I, Florida Statutes; and, WHEREAS, St. Lucie County, Florida, as such a political subdivision finds that consumers within its jurisdiction are in need of greater consumer protection for motor vehicle title loan transactions than are provided in Chapter 538, Part I, Florida Statutes, and has also determined that more restrictive provisions are necessary for the protection of St. Lucie County's consumers; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, that: Part A. The Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding an Article to be numbered Article III, "Motor Vehicle Title Loans" in Chapter 1-14, "Offenses and Miscellaneous" which Article reads as follows: '-" ....., ARTICLE III. MOTOR VEHICLE TITLE LOANS Section 1-14-30. Definitions. ill "Title Loan Agreement" means a written aareement wherebv a secondhand dealer aarees to make a loan of a sDecific sum of money to the owner of a motor vehicle. and the owner of the motor vehicle aarees to aive the secondhand dealer a securitv interest in a motor vehicle certificate of title owned bv the borrower and encumbered onlv bv a title loan agreement. 121 "Secondhand dealer" has the same meaning as used in Section 538.03(1 Ha), Florida Statutes. as it mav be amended from time to time. Section 1-14-31 Motor vehicle title loan transactions. A secondhand dealer reqistered under ChaDter 538. Part I, Florida Statutes, may engaae in motor vehicle title loan transactions. as that term is used in ChaDter 538, Part L Florida Statutes, if the followina conditions are met: W The secondhand dealer maintains Dhvsical Dossession of the motor vehicle certificate of title: and. ill The borrower maintains possession of. or control over, the motor vehicle throughout the term of the loan: and, kl The borrower is not reauired to Dav rent or any other chanae for the use of the motor vehicle: and, iQl The secondhand dealer delivers to the borrower, at the time a loan is made. a statement showing the loan amount, origination date. maturitv date. finance charaes. a descriDtion of the securitv. the name and address of the borrower and the secondhand dealer. the rate of interest eXDressed in terms of annual Dercentaae rate. the total number of payments required. and the total amount required to be Daid over the life of the loan. In the · . '-' ~ event the borrower has a riaht to renew the loan. the secondhand dealer must deliver a statement with the information reauired herein for each renewal; and. ilil The title loan agreement contains the followina statement orinted in not less than 14 ooint tvoe: ill "Your vehicle has been oledged as securitv for this loan and if vou do not reoav this loan in full. including the finance chanae. YOU WILL LOSE YOUR VEHICLE. illl You are encouraged to reoay this loan at the end of the 30 day oeriod. The lender may not be reauired to extend or renew your loan. It is imoortant that yOU plan your finances so that you can repay this loan as soon as oossible. iliil THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2 1/2% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%. 1lYl The borrower reoresents and warrants that the motor vehicle and the certificate of title is not stolen. it has no liens or encumbrances aaainst it. the borrower has the riaht to enter into this transaction. and the borrower will not attemot to sell the motor vehicle or aooly for a duolicate certificate of title while the title loan agreement is in effect. and that doina so will be a violation of law. M If you are a member of the Armed Forces of the United States of America. you may be eliaible for financial assistance. You are urged to exolore these ootions with a reoresentative of your commanding officer. .!Yll Immediately above the sianature of the borrower the statement that "I. the borrower declare that the information I have orovided is true and correct and I have read and understand the foreaoing document:. ~ ....., (vii) The secondhand dealer must disolav, in a orominent olace in the title loan Dremises. for customer viewing. a sian no smaller than three feet by five feet with the following message written in letters no less than two inches high: "IF YOU RECEIVE A TITLE LOAN. YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL. INCLUDING ALL FINANCE CHARGES. YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2 1/2% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%. MEMBERS OF THE UNITED STATES ARMED SERVICES MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE AND THEY ARE URGED TO EXPLORE ALL OPTIONS WITH REPRESENTATIVES OF THEIR COMMANDING OFFICER. II Section 1-14-32. Maximum Interest Rate. Maximum interest rate. A secondhand dealer who enaages in title loan transactions may not exceed the following interest rates: 1ill. A secondhand dealer may charae an interest rate not to exceed 2 % oercent per 30-day Deriod the title loan agreement remains outstanding and unsatisfied. In determining comDliance with the maximum interest and finance charges, the comoutation must be simDle interest and not add-on interest or any other interest comDutation. '-" """"" ill The annual oercentage rate that may be charaed in a motor vehicle title loan may eaual. but not exceed. the annual oercentage rate that must be comouted and disclosed as reauired bv the Federal Truth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve System. When the oeriod for which the charge is comouted is more or less than one month. the maximum rate for the oeriod must be comouted on a basis of 1/30 the aoolicable monthlv interest rate. multiolied bv the number of days of the oeriod. 1çl Anv transaction involvina a borrower's deliverv of a motor vehicle certificate of title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or reourchase the certificate of title uoon the oavment of a sum of. monev. whether the transaction be characterized as "buv-sell agreement". "sale-leaseback agreement". or otherwise. shall be deemed a violation of this ordinance if such sum exceeds the amount that a secondhand dealer may collect in a title loan agreement under this ordinance or if the terms of the transaction otherwise conflict with the oermitted terms and conditions of a title loan agreement under this ordinance. iQl Anv fees or taxes oaid to a state agency and directlv related to an individual title loan transaction may be collected from the borrower and shall be in addition to the oermitted finance and interest charae. lili No charges. including interest. in excess of the combined total of all charaes oermitted bv this section shall be allowed. Section 1-14-33. Transaction Satisfaction and Default ill When the title loan has been oaid in full. the secondhand dealer shall deliver to the borrower a certificate of title clear of all encumbrances olaced uoon the title bv the secondhand dealer within 30 days of such oavment in full. '-' 'W/I ill A secondhand dealer who engages in title loan transactions may take possession of the motor vehicle uoon the borrowers default under the title loan agreement. Unless the borrower voluntarilv surrenders the motor vehicle. the secondhand dealer may onlv take oossession of a motor vehicle through an agent licensed bv the State of Florida to reoossess motor vehicles. Ql A secondhand dealer who takes oossession of a motor vehicle oursuant to this section shall comolv with the aoolicable reQuirements of Chaoter 679. Part V. Florida Statutes. as is amended from time to time. 111 Disposition of the collateral or motor vehicle may be bv oublic or orivate oroceedinQs and may be made bv way of one or more contracts. Sale or other disoosition may be as a unit or in Darts and at any time and olace and on any terms. but every asoect of the disoosition including the method. manner. time. olace and terms including surolus of the debt must be commerciallv reasonable. Section 1-14-34. Licenses. ill No secondhand dealer may enQage in business as a title loan lender three months after the effective date of this ordinance unless the secondhand dealer has a valid license issued bv St. Lucie County. A seoarate license will be reauired for each ohvsical location of title loan business. The County shall issue more than one license to an aoolicant if that aoolicant comolies with the reQuirements of this Part for each license. ill An aoolication for a license oursuant to this Part must be submitted to the County on such form as the County may orescribe. If the County determines that an aoolication should be aranted. it shall issue the license for a oeriod not to exceed two (2) years. A non-refundable aoolication and license fee not exceeding $1.250.00 shall accomoanv an initial aoolication for each title loan location. ~ ...., ill The County shall charae a biennial renewal fee of $1,000.00. A license that is not renewed at the end of each two-year oeriod shall automatically become inactive. An inactive license may be reactivated within 90 days after the date it became inactive uoon the submission of a comoleted reactivation form and oayment of a reactivation fee not exceeding $200 and a biennial license fee of $1,000.00. No inactive license may be reactivated after 90 days. Ml Each license must soecify the location for which it is issued and must be consoicuouslY disolayed at that location. When a licensee wishes to move a title loan office to another location, the licensee shall aive thirty (30) days orior written notice to the County by certified or reaistered mail. return receiot requested, and the County shall then amend the license accordinalY. A license issued oursuant to this Part is not transferable or assignable. ill Books, accounts and records; maintenance and examinations by the County. W Each licensee shall maintain, at the orincioal olace of business designated on the license, all books, accounts, records, and documents necessary to determine the licensee's comoliance with this Part. ilù. The County may authorize maintenance of records at a location other than a orincioal olace of business. The County may reauire books and records to be oroduced and available at a reasonable and convenient location within the County. 1çl All books, accounts, records, documents and receiots for exoenses oaid by the licensee on behalf of the borrower, including each contract signed by the borrower and exoenses incurred by the licensee in event of foreclosure and orooerty recovery, will be preserved and keot available for examination by the County for two (2) years after the date of original entry. '-" ...., 1Ql The County may crescribe bv resolution the minimum information to be shown in the books. accounts. records. and documents of licensees so that such records will enable the County to determine the licensee's comcliance with this Part. 1Ql Each licensee shall designate and maintain an agent in this state for service of process. ill A licensee must acclv to the County for a new license ucon a change in ownershic of 25 % or more bv a natural cerson in any title loan location or office. No acclication for a license or an acclication for transfer of an existing license is recuired for any change. directlv. or beneficiallv. in the ownershic of a title loan location if one or more of the holders of at least 75 cercent of the outstanding ecuitv interest in the title loan location or office before the chance in ownershic continue to hold at least 75 cercent of the outstanding ecuitv interest in the title loan location or office after the chance in ownershic. .L6l To be eligible for a title loan lending license. an acplicant shall: W File with the County a bond in the amount of $35.000.00 for each license with a surety comcanv cualified to do business in this state. In lieu of the bond. the acclicant may establish a certificate of decosit or an irrevocable letter of credit in a Florida financial institution in the amount of the bond. The oricinal bond. certificate of decosit. or letter of credit shall be filed with the County and the County shall be the beneficiary of such instrument. The bond. certificate of decosit. or letter of credit shall be in favor of the County for the use and benefit of any consumer who is iniured in the context of a title loan transaction bv the fraud. misrecresentation. breach of contract. financial failure. unfair or decective trade cractice. disclosure violation or violations of any crovisions of this Part bv the licensee. Such liabilitv shall be enforced bv the filing of a suit in a court of comcetent iurisdiction. '-" """" i!2l Not have been convicted of a felonv within the last ten years or be acting on behalf of a beneficial owner who has been convicted of a felony within the last ten Years. .!ct Not have been convicted. nor acting on behalf of a beneficial owner who has been convicted. of a crime that the County finds directly related to the duties and resDonsibilities of a title loan lender within the past ten Years. illl The County shall determine the form of the license. il.Q1 No Dart of this ordinance may be construed to imDair or affect the obligation of any title loan aareement which was lawfully entered into prior to the effective date of this ordinance. 1111 Licensees shall reDort changes in address. location of records. and any chanae of an executive officer within 30 days of the chanae. Section 1-14-35. Violations and Penalties. ill The followina acts are violations of this Part and shall constitute grounds for disciDlinary action: ill Failure to comDly with any Drovision of this Part. rule adoDted under this Part by the County or any written agreement entered into with the County. i!2l Fraud. misreDresentation. deceit or gross nealigence in any title loan transaction. .!ct Fraudulent misreDresentation. circumvention. or concealment of any matter reauired to be stated or furnished to a consumer Dursuant to this Part. 1Ql Willful imDosition of illegal charges on any title loan transaction. litl False. deceDtive. or misleadina advertising by a licensee. '-" ,.." ill Failure to maintain. oreserve and keeo available for examination. all books. accounts. or other documents reauired bv this Part. state or federal law. or bv anv agreement entered into with the Countv. {gl Aiding. abetting. or consoirina with an individual to circumvent or violate any of the reauirements of this Part. state or federal law . relating to title loan agreements. 1hl Refusal to oermit insoection of books or records in an investigation or examination bv the County or refusal to comolv with a subooena issued bv the County. ill Criminal conduct in the course of a licensee's business as a title lender. ill Knowinalv entering into a title loan agreement with a oerson under the age of 18 Years. ill Making any aareement reauiring or allowing for the oersonal liabilitv of a oledaor or the waiver of any of the orovisions of this Part. ill Knowinglv entering into a title loan agreement with any oerson who is under the influence of druas or alcohol when such condition is visible or aooarent. or with any oerson using a name other than his own name or the reaistered name of his business. 1ml Enterina into a title loan aareement in which the amount of money advanced in consideration for the loan secured bv any sinale certificate of title exceeds one third of the value of the motor vehicle. The Countv. shall determine the method of assessing the value of the oledaed orooertv. 1Dl Failure to exercise reasonable care in the safekeeoina of the certificate of title or motor vehicle reoossessed oursuant to this Part. 1Ql Failure to return the certificate of title or motor vehicle taken into possession to a borrower. with any and all of the title lender's liens on the orooertv orooerlv ~ ~ released. within 30 days of the oavment of the full amount due. unless the prooertv has been seized or imoounded bv an authorized law enforcement agency. taken into custody bv a court. or otherwise disoosed of bv court order. 1Q.L Charaina or receiving any finance charge. interest. cost. or fee which is not oermitted bv his Part. 19l Engaaina in business as a title lender without first securing the reauired license. 1rl Refusina to acceot oartial reoavment of the amount financed when all accrued finance charaes have been oaid. 1m. Charging a oreoavment oenaltv. ill Caoitalizing any unoaid finance charge as oart of the amount financed in the renewal of a title loan agreement. M Actina as a title loan lender in St. Lucie County three months after the effective date of this ordinance without a current. active license issued bv the County pursuant to this Part. M Engaging in any oractice or transaction or course of business relatina to the makina of a title loan. negotiation. oromotion. advertisement or hvoothecation of a title loan transaction. directlv or indirectlv: and. ill To knowinglv or willinglv emolov any devise. scheme or article to defraud: illl To enaaae in any transaction, oractice or course of business which ODerates as a fraud uoon any Derson in connection with the ourchase or sale of any title 1QQo..;. '-" """'" Wi) To obtain mopertv bv fraud. willful misreDresentation of a future act or false oromise. .úðLl In any manner within the iurisdiction of the Countv, to knowinglv and willfullv falsifv. conceal or cover UD bv a trick, scheme or devise a material fact. make any false or fraudulent statement or reoresentation. or make or use any false writing or document. knowing the same to contain any false or fraudulent statement or entrv. .llil Commission of fraud. misreDresentation, concealment. dishonest dealing bv trick, scheme or device. culDable negligence. or breach of trust in any title loan transaction which is within the iurisdiction of this County; or aiding, assisting, or consDirina with any other person enaaged in any such misconduct and in furtherance thereof. m UDon a findina bv the County that the licensee or aDDlicant has committed any of the acts set forth in subsection fa) hereof, the County may enter an order and take one or more of the followina actions: .@l Denv the aDDlication for a license Dursuant to this ordinance. 1Ql Revoke or susDend a license Dreviouslv granted Dursuant to this Part. .új Place a licensee or aDDlicant for a license on Drobation for a Deriod of time and subiect to such conditions as the County may sDecifv. iQl Issue a letter of concern or reorimand. lID Place oermanent restrictions or conditions uoon issuance or maintenance of a license oursuant to this ordinance. ill Imoose an administrative fine not to exceed $2.500.00 for each violation of this Part. !gl The County shall be entitled to a reasonable attorney's fees, includina aooellate fees and costs. in an action successfullv enforcing any fine imoosed under this Part. '-'" ..." Ql When the County has reasonable cause to believe that a licensee is ooerating in violation of this Part. it may bring a civil action in any court of comoetent iurisdiction to enforce or administer this Part including a temoorarv or oermanent iniunction. or aooointment of a receiver. ~ The County may adoot regulations which set forth with soecificitv acts or oractices which violate this Part and which orescribe orocedural rules for the administration of this Part. Section 1-14-36. Additional remedv to borrower. orivate right of action. Anv borrower iniured bv a violation of this Dart may brina an action for recovery of damages including twice the interest oreviouslv oaid and the forfeiture of all interest charged. or contracted to be charaed or reserved. Said borrower may recover reasonable attorney's fees and costs of such action. An award may be entered for ounitive damaaes. The remedies orovided for under this Dart are in addition to any other orocedures or remedies for any violation orovided in any other law or ordinance. Section 1-14-47 Transition Deriod for regulations. restrictions. and licensure Drovisions. Each secondhand dealer ooerating as a title loan lender on the effective date of this ordinance shall have three months from the effective date of this ordinance to comolv with the reaulations. restrictions. and licensure orovisions of this Part before the County may initiate any administrative or civil action. or refer a matter for criminal orosecution. Part B. Conflict by Provisions. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict, as of the effective date of this ordinance. Part C. 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 D. Applicability - County-wide This ordinance shall be applicable county-wide except where in conflict with an adopted municipal ordinance to the extent of the conflict. Part E. Effective Date. This ordinance shall be effective on January 1, 2000, and shall apply to all affected transactions on and after said date. Part F. Adoption. After motion and second, the vote on tlús ordinance was as follows: Chainnan John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Paula A. Lewis Section 5. Codification. Provisions of tlús ordinance shall be incorporated in the Code of Ordinances of St. xxx XXX XXX XXX XXX 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 E shall not be codified. · . ....... PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk ....., day of , 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Chainnan APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney "-' '...., AGENDA REQUEST ITEM NO. 6 DATE: December 7, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department william R. Blazak SlffiJECT: South Hutchinson Island / North District project close out, approval of change order #18 to Speegle Construction in the amount of $93,327.25 And release of final retainage in the amount of $51,830.00 FUNDS AVAIL.: 352-0000-205100-3810 and 451-0000-205100-000 Retainage accounts and funds will be made available in 352-3510-563000-3810 from 352-9910-599330-800 for the change order. PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of change order #18 in the amount of $93,327.25 and further requests that the Board approve release of the final retainage to Speegle Construction, Inc. in the amount of $51,830.00 to close out the project. COMMISSION ACTION: [ X ] [ ] 5-0 APPROVED OTHER: ] DENIED J ~-- derson Administrator County Attorney:X ì~.ffi/.,D~l ,¡ l1\ !,'!h{\! / Originating Dept:X \ r:-,¡ ¿, /1 :'-,/ Finance Director: (Check for C~py only, Mgt. & Budget: purchasing Other: if applicable)____ Other: Eff. 5/96 '-" "WI! BOARD OF COUNTY COMMISSIONERS UTiliTIES & RECYCLING DEPARTMENT WilLIAM ßLAZAK DIREGOR MEMORANDUM DATE: Board of County Commissioners William Blazak, Utility Director t\~fc December 7, 1999 TO: FROM: RE: South Hutchinson Island / North District / Project Close Out Change Order # 18 / Final Retainage Release BACKGROUND: Construction ofthe South Hutchinson Island / North District collection and conveyance system has been completed. The extension of the system was financed by a Municipal Service Benefit Unit (MSBU) and a grant from South Florida Water Management District. The construction consisted of a force main, master pump station, and a reclaimed water main, from the FP&L Nuclear facility north to John Brooks State Park. The participants of the MSBU had previously reserved capacity in the South Hutchinson Island wastewater treatment and reclaimed water production facility and as a result of the construction of the conveyance system are able to connect to the system to receive regional wastewater treatment. The total budget established for the project was $1.5 million dollars. The total amount expended to date including Change order #18 is $ 1,302,156.86. The total project costs are under budget by $197,877.14. Change order # 18 is for miscellaneous work and the majority of the amount is for the installation of air release valves. The installation of air release valve is one of the last steps of completing the conveyance system and can not be accomplished until final as- built drawings have been prepared. Once the as-built drawings have been prepared, all of the highest points of elevation receive an air release to avoid air being trapped and the pressure line becoming non functional. The air release valve also allow gasses to escape minimizing corrosion within the system. Sufficient funds were allocated in the construction estimate to cover the cost of the valves. The project has received final certification from the Florida Department of Environmental Protection and is currently in service providing regional wastewater service to the Northern portion of South Hutchinson Island. The project was completed on time and under budget. JOHN D. ßRUHN, District No, 1 . DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No.::I . FRANNIE HUTCHINSON, District No, 4 . CLIFF ßARNES, District No, 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, Fl34982 · Phone (561) 462-1150 · FAX (561) 462-1153 '-' ~ RECOMMEND A TION: Staff requests that the Board of County Commissioners approve change order #18 in the amount of $93,327.25, and further requests that the Board approve release of the final retainage to Speegle Construction, Inc. in the amount of$51,830.00 to close out the project. ,CDM Camp Dresser & M~(ee Inc. ...", consulting 1701 State Road A-1-A, Suite 301 engineering Vero Beach, Florida 32963 construction Tel: 561 231-4301 Fax: 561 231-4332 operations October 18, 1999 FEDERAL EXPRESS Mr. William R. Blazak Utility Services Director St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34954 Re: St. Lucie County South Hutchinson Island Wastewater Collection and Reclaimed Water Distribution Systems North Service Area CDM Project No. 6277-24649-075 Application for Payment No.9 - Final Dear Mr. Blazak: Enclosed is the following documentation associated with final payment to Speegle Construction, Inc.: · Five (5) copies of the final application for payment. · Surety acknowledgment of final payment. · Five (5) copies of Change Order No. 18 - Final Reconciliation. We have checked the Final Application for Payment, including all Change Orders, and concur that the final contract amount of$I,129,927.26 is correct for the North Service Area portion of the project. A tabulation and summary of final payment is as follows: Original Contract Amount (South District) Change Order Nos. 1-11, 13 Change Order No. 12 (North District) * Change Order No. 14 (South District Reconciliation) Change Order No. 15-17 * Change Order No. 18 (North District Reconciliation) * Total Contract Amount with Change Orders (both districts) Total South District Contract Previously Paid Total North District Contract with Change Orders (* above) Less Previously Recommended Payments Final Payment Due $4,239,000.00 302,346.30 1,019,414.00 (72,797.00) 17,186.01 93,327.25 $5,598,476.56 4,468,549.30 $1,129,927.26 984,770.01 $145,157.25 , CDJVI Camp Dresser & McKee Inc~ .."", Mr. William R. Blazak October 18, 1999 Page 2 In addition, we have attached a copy of the Final Receipt form which should be completed by the Contractor upon receipt of his final payment. Please send us copies of the completed Final Receipt form and the Contractor's final release of lien, that the Contractor should furnish as a requirement for the receipt of this payment, for our records. Our recommendation for payment is subject to the completion of the installation of the telemetry system cards and box. We hope that the enclosed is sufficient for your review; however, should you need additional information or clarification, please do not hesitate to contact me. Very truly yours, CAMP DRESSER & McKEE, INC. fit!:;-- EJG/rb File: 6277-24649-075 rb2731 cc: W. Davis P . Wallace CHANGE ORDER ~T. LUÇlE COUNTY PROJECT: South Hutchinson Island (name, address) wastewate~ Collection and Reclaimed Water DistributionlNITJAT10N DATE: Systems Jensen Beach, Florida 34957 ~ ..., CHANGE ORDER NUMBER: Eighteen (18) October 11, 1999 TO (Contractor): speegle Construction, Inc. P.O. Box 2089 Cocoa, Florida 32926 CONSULTANT'S PROJECT NO.: 6277 -10M ST. LUCIE COUNTY CONTRACT NO: 95-37 CONTRACT DATE: November 1, 1995 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - ~ ~ The original (Contract Sum) (Guaranteed Maximum Cost) was........................................................$ 4, 239, 000 . 00 Net change by previous authorized Change orders ..........................................................................$ 1 266 149.51 The (Contract Sum) (~r.axteJtt~«mn~) pri(~E.to this Change Order was.......................... $ 5: 505: 149.51 The (Contract Sum) (~œmeI(XOOD1X)m~)t) will be (increased) (dEC~sadX1'C JÇk~~1i~ by the Change urder......................................:.........:.......:......·....··....··....·......:........ ..........$ 93 , 327 . 25 The new (Contract Sum) çx;x¡XåUn1§~~OOi{Dš1) including thiS Change Order wIll be ...........$ 5 598 476 '6 The Contract Time will be (iXorl'aS1e~ (ä:~00jI,I (unchanged) by..................................................' , . The Date of Final Acceptance as of the date of this Change Order therefore is: Funds Available: August 21, 1999 Account Number451-351 0-563000-381 0/451801-351 0-563000-3809 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affectred work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed unde this Change Order shall be performed in accordance with the contract specifications. Recommended: Camp Dresser & McKee, Inc. 'Architect/Engineer 1701 State Road Vera Beach, Florida 32963 ~J,;I-v- By Agreed To: Speegle Construction, Icn. Contractor p .0. Box 2089 Cocoa, Florida 32926 A-1,-A, Ste. 301 Approved: Utilities Department ~t. Lucie County Department 2300 virginia Avenue Ft. pierce, Florida 34982 Address IDf .dtë9 Date Date By Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By Date ~-(- By WHITE - VENDOR Approved as to Form and Correctness I (J -I;¿ -"1''} Date GOLDENROD - FINANCE County Attorney GREEN - PURCHASING PINK - DEPARTMENT '-" ~ EXIllBIT A ITEM DESCRIPTION St. Lucie County, Florida South Hutchinson Island Wastewater Collection and Reclaimed Water Distribution Systems North Service Area CDM Project No. 6277-24649-075 Change Order No. 18 - FINAL RECONCILIATION Item No. t Description: Additional electrical work. Purpose: Cost: Additional electrical conduit required from FPL service to Pump Station No.6. $2,031.25 2 Description: Pavement replacement. Purpose: Cost: Pavement found under sand at beach access entrance. Replaced pavement associated with pipe trench installation. $1,750.00 3 Description: Telephone conduit installation. Purpose: Cost: Telephone installation at pump station required for instrumentation/communication purposes at treatment plant. Matches existing facilities. $4,500.00 4 Description: Telemetry system cards and box. Purpose: Cost: rb2719 To communicate with Pump Station No.6 at treatment plant. $5,569.00 '-" """" 5 Description: North District reconciliation of costs/quantities. Purpose: To adjust contract to reflect actual installed material/equipment. See Exhibit B. Cost: $79,477.00 rb2719 '-" ....., Change Order Cost Summary S1. Lucie County, Florida South Hutchinson Island Wastewater Collection and Reclaimed Water Distribution Systems North Service Area CDM Project No. 6277-24649-075 Change Order No. 18 -FINAL RECONCILIATION Item Cost!(Credit) 1 $2,031.25 2 1,750.00 3 4,500.00 4 5,569.00 5 79,477.00 Total Change this C.O. No. 18 $93,327.25 This Change Order includes not only all direct costs of Contractor such as labor, material, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead or general overhead, acceleration, material or other escalation which includes wages, and other impact costs. rb2719 "-" ....,; .. " . AGENDA REQUEST ITEM NO. -1.A DATE:12/07/99 REGULAR [xx] PUBLIC HEARING CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Administration Douqlas Anderson SUBJECT: CHILDREN'S SERVICES COUNCIL BACKGROUND: Gary Wilson's position on this committee appointed by the Governor expired on November 30, 1999. The statute calls for three names for each vacancy to be submitted to the Governor for his selection. The County Attorney's Office placed an ad in the Tribune and the Port St. Lucie News asking for applicants. In addition, Gary Wilson has submitted a letter asking to be reappointed. FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: Staff recommends nominating three applicants, whose names will be forwarded to the Governor for selection of one to fill the vacancy on this committee. [X ] [ ] 5-0 APPROVED OTHER: DENIED COMMISSION ACTION: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff, 5/96 CYTY OF PORT ST. LUCIE""" POLICE DEPARTMENT 121 S.w. Port St. Lucie Blvd, · Port St. Lucie, Florida 34984 (561) 871-5000 340-2013 (FAX) John M, Skinner Chief of Police Mr. Douglas Anderson St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 ~t,ß.. (C)~ ) ~,1 , r I November 15, 1999 Dear Mr. Anderson: F or the past four years I have been serving on the Children's Services Council of St. Lucie County. My tenn is due to expire in November of 1999. At this time, I am requesting to be re-appointed to the Children's Services Council. It is my understanding that the County Commission submits recommendations to the Governors Office for those interested in serving on this Board. This correspondence will act as my official notification to you and the Board of County Commissioner's requesting to be considered for re-appointment. If you have any questions in regards to this matter, please contact me. SiZVt¡~ G~\R. Wilso: " GRW ¡mc "-...-,., ! I . \../', ! ) I C.f 0\ / ! :J__\.0L / 1'/·'), \- .,) I" ~>I ( I I',', ,. '- ~- I . i .)t.~ --- TI'..:. ¡ I i -, "C ¡ j c I 1,- I ¡ ! C! ) (\ f Co , -1; c. ~ ~~ .~ An Internationally Accredited Law Enforcement Agency An Equal Opportunity Employer " '-' -..",I it , Þ- November 22, 1999 Mr. Doug Anderson County Administrator St. Lucie County Commission 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Anderson: I am attaching a copy of my resume for application to serve on the St. Lucie County Children's Services Council. I previously was a member of the Children's Services Council in 1990-92 while I served on the School Board of St. Lucie County. Through the years I have continued by involvement in areas serving the children of St. Lucie County. My most recent service with the Children's Services Council was as a member of the Selection Committee for the current Executive Director in 1998. I feel that my knowledge and expertise of children's issues and my ongoing involvement with the community lends itself to this council; therefore, I am respectfully submitting my application as one of the Governor's appointees to this council. Sincerely, ~ 0I'1dJ)c.. ~ ~ Sandra L. Foote 1213B N.W. Sun Terrace Circle St. Lucie West, FL 34986 (561) 871-6403 ")' ¡ ~ 'wi ..... SANDRA L. FOOTE 1213B N.W. SUN TERRACE CIRCLE ST. LUCIE WEST, FLORIDA 34986 (561) 871-6403 PROFESSIONAL EXPERIENCE August 1997- Present Instructional Television Community Liaison St. Lucie County School Board Fort Pierce, Florida Responsibilities: Serves as education/business/community liaison in the development of cooperative instructional programming for students, parents, educators, and the community. Surveys business and governmental personnel needs regarding training through distance learning. Works with schools and community agencies to develop programming for students who have been identified as disruptive or at risk of becoming involved with theJuvenileJustice System. Provides multi-faceted instructional programming utilizing schools, community, business and family resources in collaborative partnerships to effect positive change. May 1994- August 1997 Program Specialist St. Lucie County School Board Fort Pierce, Florida Responsibilities: Worked in the planning, writing, implementation and evaluation offederal and state funded grants. Worked with school principals to ensure program compliance. Monitored expenditures related to grant activities. Maintained and verified the appropriateness of records. Prepared financial, statistical and descriptive reports ad needed. ~ i ~ \wi .: November 1992- August 1994 Community Outreach Specialist St. Lucie County School Board Fort Pierce, Florida Responsibilities: Established an informational clearinghouse of exemplary volunteer and business partnership activities. Assisted in the development and activities including organization, marketing, recruitment and implementation of the Business Partnership Program. Surveyed business, education personnel, and volunteers regarding training needs; developed and hosted training sessions. Publicized and promoted the volunteer, mentor, and business partner's programs within the community. November 1988- November 1992 School Board Member /Vice Chairman St. Lucie County School Board Fort Pierce, Florida Responsibilities: Developed policies encompassing school operations such as personnel, student services, curriculum, facilities, equipment, finance, and support services for 23,000 students at 30 schools. Served as Vice Chairman/Chairman pro tern 1990-1992; represented the Board on numerous local and state boards in various capacities. November 1979- November 1988 Program Manager/School Volunteer Program St. Lucie County School District Fort Pierce, Florida Responsibilities: Recruited, interviewed and trained all school volunteers district-wide; organized and trained teachers, principals, and support staff in the effective use of volunteers. Supervised the Senior Mentor for Creative Students Program. Developed and supervised St. Lucie County Partners in Education Program. Coordinated grants affecting volunteer education. Prepared and monitored volunteer budgets and internal accounts, prepared press releases and served a speaker for civic, community, and educational groups f) '-' '.J ,,'- January 1979- November 1979 Self-employed, Owner ¡Partner Personalized Office Services Fort Pierce, Florida Responsibilities: Provided temporary manpower and assistance to Fort Pierce business community. Implemented new business procedures; prepared various documents for professionals such as architt"cts, lawyers, builders, elected officials, interior designers, and college students. Provided telephone answering service and bookkeeping service. May 1978- January 1979 Realtor ¡ Associate Elston Real Estate, Inc. Fort Pierce, Florida Responsibilities: Listed and sold commercial and residential property in the Fort Pierce/Port St. Lucie area. Initiated and negotiated contracts, and coordinated and monitored financial transactions through closing of property. March 1974- May 1977 Administrative Assistant Executive Office of the Presidt"nt Office of Management and Budget Washington, DC Responsibilities: Pt"rformed administrative duties within various divisions of energy administration that included supervision of clerical personnel and security liaison. Compiled information for Congressional/budget hearings and workshops. Developed plans for utilization of office space, communications needs, and prepared biographical sketches of staff members for press releases and speeches. Prepared reports for the White House staff and the Office of the President. October 1970- June 1960 Secretary Department of the Air Force Department of Health Education and Welfare Department of Agriculture Washington, DC fa .' ~ ...., Responsibilities: Reviewed and distributed all incoming mail to appropriate divisions for action. Supervised preparation of outgoing correspondence. Prepared lengthy inspection and utilization survey reports. Prepared reports for state and federal officials. EDUCATIONAL AND PROFESSIONAL DEVELOPMENT Indian River Community College, Fort Pierce, Florida Oxon Hill Senior High School, Oxon Hill, Maryland Graduated with Honors 1998 1993 1992 1992 1992 1992 Covey Leadership Center, Inc. "Seven Habits qf High Ejjèctive People" Florida Department of Education Certified Trainer Florida Council on Educational Management Florida Department of Education Certified Trainer "Power Relationships jòr !iJstems Improvement" Florida Department of Education Graduate/Certified Trainer ''Assisting Change in Education" Florida Department of Education Certified Trainer "Achieving Extraordinary Customer Relations" Florida Department of Education Graduate "Florida School Advisory Council Awareness" '-' ...J 1" . 1991 Florida School Board Association Certified Trainer "Master Board Member Training" 1991 Florida Department of Education Completed Educational Seminar on "RestructuringJor School-Base Management/Shared Decision Making" 1991 Disney Productions "Marketing the Good News About rour Schools" 1984 Florida Atlantic University, Boca Ration, Florida Adjunct Professor, College of Education Teacher Center "Administrative Skills: District Procedures, School Advisory Committees" 1984 Fort Pierce/St. Lucie Chamber of Commerce, Fort Pierce Florida Graduate of "Leadership St. Lucie" 1982 Florida Department of Education Certified Trainer "Citizen Council Training" 1982-1986 Florida Department of Education Certified Trainer/Florida School Volunteer Coordinators PROFESSIONAL AND PERSONAL AFFILIATIONS )¡.- Children's Home Society State Board of Directors, 1993-present Chairman, Program Committee, 1996-1998 )¡.- Children's Home Society Division Board Member, 1993-present Chairman, 1996-1997 Vice Chairman, 1995 )¡.- Sun Terrace Homeowners Association Board of Directors, 1999- present )¡.- St. Lucie West Middle School Advisory Committee Member, 1999- present )¡.- Fort Pierce Magnet School of the Arts Advisory Committee Member, 1998-1999 )¡.- Boys and Girls Club of St. Lucie County Board Member, 1998 )¡.- First Congregational Church of Port St. Lucie, 1987-present )¡.- Fort Pierce Republican Club, 1988-1989 1" i '-' ""'" 'Y National School Boards Association, 1988-1992 'Y Florida School Boards Association, 1988-1992 'Y Children's Services Council, 1990-1992 Member, Executive Director's Selection Committee, 1998 Member, Citizen's Review Committee, 1995 Member/Vice Chairman, 1992 Chairman, Personnel Committee, 1990 'Y Port St. Lucie Republican Club, 1988-present 'Y Federated Women's Republican Club, 1988-1989 'Y Partners in Education Advisory Council, 1988-1992 'Y Superintendent's Advisory Council, 1988-1992 'Y Pre-Kindergarten Interagency Advisory Council, 1988-92 'Y Florida Division of Real Estate, 1988-present Rea1tor/ Associate 'Y Florida Children's Campaign, 1992 'Y Total Quality Management Committee, 1992 'Y Florida SY2000 Customer Satisfaction Committee, 1992 'Y St. Lucie County Value Adjustment Board, 1989, 1992 'Y Floresta Elementary School Improvement Team, 1992 'Y Fort Pierce/St. Lucie Chamber of Commerce 1984-91 Education Committee Member, 1985-1992 Business Partnership Task Force, 1987-1988 'Y Port St. Lucie Chamber of Commerce, 1989-1990 'Y Administrator's Selection Process Committee, 1990 'Y Chapter I Parent Involvement Committee, 1989 'Y Florida Association of District Volunteer Administrators, 1980-1988 Member/Past Treasurer 'Y Florida Meritorious School Committee, 1986-1988 'Y National School Volunteer Program, 1983-1988 'Y St. Lucie County Teacher of the Year Selection Committee, 1981- 1987 'Y Retired Senior Volunteer Program (RSVP), 1984-1987 Past Chairman 'Y St. Lucie County League ofW omen Voters, 1980-1984 PROFESSIONAL REFERENCES (Others Available Upon Request) Judy James, Past Chairman, Children's Services Council 3724 S. Brocksmith Road Fort Pierce, FL 34945 (561) 464-3273 'It: . \..f "*' ¡' Lt. Governor Frank Brogen The Capitol Tallahassee, FL 32399 State Representative Ken Pruitt 221 The Capitol Tallahassee, FL 32399 (850) 488-8749 Mr. Howard Weisz President, CEO The Children's Home Society of Florida 3027 San Diego Road Jacksonville, FL 32247 (904) 348-2840 ,- .. '-' ...", November 19,1999 To: Douglas Anderson County Administrator 2300 Virginia Ave., County Administration Annex Fort Pierce, FI 3498 From: Marilyn A Lawless, RN BSN 930 Tumblin Kling Rd., Fort Pierce, FI 34982 Telephone: Home-56l-466-2202 Work 561-460-1461 ext. 23 Dear Mr. Anderson, I would like to submit my application for the position on the Children's Service Board for St Lucie County. I have lived and worked in St Lucie County since 1981, Some of my volunteer work has included The United Way, Port St Lucie Chamber of Commerce, a tutor at Floresta Elementary School, I sl Congregation Church of PSL, have held offices in the PSL Republican Club for the past 6-7 years, have sat on the budget review committee for Childrens Services this past spring, I am currently employed by Lawnwood Regional Medical Center, Fort Pierce, Fl., as an Employee Health Coordinator and Workers Compensation Case Manager. Enclosed see my resume. If you have any questions, please do not hesitate to call me, Sincerely, ~&c;{~úJ~J Marilyn A Lawless, RN BSN Employee Health Coordinator Treasure Coast Healthcare System 4632 S 25th St., Fort Pierce, FI 34981 r;,1 "\.~ , ~ r ¡ ,,!l.~ ", ',I r¡\, ~ L ¡ NOV 20 1999 ... ...... ...... ...... ..... L cc. ,,,r.~'H":. (":~-F~C;:< ~ "" . '-' ...., RESUME Marilyn A laNIess, RN-,BSN,CMS 930 Tumblin Kling Rd., Fort ~ierœ, FI 34982 Telephone No. 561-466-2202 DOS 11/28139 Soc. Sec. No. 143-30-2957 Education: 1960 The Hospital Center of the Oranges, SchooL of Nursing 188 S. Essex Ave... Orange, New Jeræy-Reœived RN 1960-1971 Fair1eigh Dickenson University, Evening School Division, Rutherford, New Jersey. Received BSN 1971-1979 Jersey City State University, NJ School Nurse Certification, Montclair State Teachers College, Graduate School, Montclair, New Jersey. Majored in Health Oœupations. Vocational Education for Health Care. 1980-Present On going education, to maintain my RN Ucensure. Attend seminars, vø1œhops, educational courses that are related to occupational health and administration Œ YfOI'1(ers compensation. 1998 Received Certified Case Management Specialist, for WorXer& Compensation. 1999 Continuing Education Units for RN Ucensure, 24 credits completed. Employment: 1996- to Present- Treasure Coast HeaIthcare System - L..awrM.ood Regionat Medicat Center and St. Lucie Mediœt Center-EmpIoyee Health Coon:finiltor, And Nurse Case Manager for Workers Couapensation for both fajl'dies Number of employees ~ 1800. Function as the manager for the departmerll Duties include management-<kM!loping and revising poIiáes.and procedu"es for the entire facility relating to.healtnand safety. Administering the medical clearance for all new employees and the oo-going medic:aI surveillance programs necessary to meet å1 Federal. and S1ate guid8Iìnes. Attending Workers Compensaticn Caurtheañng for ~ 8tc. Handle an the tegal requests far the vøtœrsaxnpensatían cases. Manage all aspects of the YØkers compensation program for the 2 hospitals. 1992-1996 Dr M. Dennis, UroIogist- Pert St lucie, A 34952- omœ Nurse and was credentialed to make rounds for the physician at St lucie Medicat Center, Port St Lucie, FI 34952 1986-1992 St. Lucie Medicat Center, Port St lucie., A., started as RN, andadvancectto Assistant Director of the Orthopedic Unit of the hospital. 1982-1986 Home Health Nursing- Medical Personnel Pool, Stuart, Fl., 1968-1982 Hackensack Sct100I f30ard of Education- School Nurse, Occupational Health Coordinator for grades 9-12, Vocational Ectucator for grade 12. References upon request ~ ..."" VOTING BALLOT SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-' ..."", VOTING BALLOT SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-" VOTING BALLOT ...", SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-" VOTING BALLOT ....., SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-" VOTING BALLOT ~ SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-' "'" VOTING BALLOT SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-" ...." VOTING BALLOT SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-' VOTING BALLOT .." SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-' ...,J VOTING BALLOT SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-' VOTING BALLOT .."" . SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-" VOTING BALLOT ""wIllI SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: \.of VOTING BALLOT ..., SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: ~ ..." VOTING BALLOT SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-" ..." VOTING BALLOT SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: ~ VOTING BALLOT .."", SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-" VOTING BALLOT ..."", SUBJECT: Children's Services Council Please Nominate Three (3) Gary Wilson Sandra Foote Marylyn Lawless, RN BSN COMMISSIONER'S SIGNATURE: '-' AGENDA REQUEST ,"""'" ITEM NO. 7B DATE: December 7, 1999 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Cultural Affairs Council - Vacancy BACKGROUND: See attached memorandum CA 99-1642 FUNDS AVAILABLE: N/A PREVIOUS BOARD ACTION: Staff recommends that the Board of County Commissioners fil~e one of the existing vacancies on the Cultural Affairs Council from the list of nominees submitted by the Council. RECOMMENDATION: Staff recommends that the Board of County Commissioners fill one of existing vacancies on the Cultural Affairs Council from the list of nominees submitted by the Council. [x] APPROVED [] DENIED [ ] OTHER: 5-0 William Braun COMMISSION ACTION: CONCD CE: Review and Approvals County Attorney: I)..~ å 06"V1'> Originating Dept. Management & Budget: Purchasing: Other: Other: Finance: (Check for Copy only, ¡fapplicable): - · . , '-" ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-1642 DATE: November 30, 1999 SUBJECT: Cultural Affairs Council - Vacancy BACKGROUND: The Cultural Affairs Council currently has several vacancies. Pursuant to Section 265.32, Florida Statutes, the Council is required to submit three nominations for the Board of County Commissioners to consider in filling each vacancy. The Council has approved the following applicants for Board consideration: 1. William Braun 2. Anita Prentice 3. Ramon Trias Copies of their applications are attached to this memorandum. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners fill one of existing vacancies on the Cultural Affairs Council from the list of nominees submitted by the Council. Respectfully submitted, ~ðè. Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Deputy Clerk '. . , '-' .." St. Lucie County Board of County Commissioners Application for Servinq on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: 'I< Must be a County resident 'I< Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest 'I< Must not be employed by the same business entity as other committee members. 'I< Must not serve on more than 2 County committees Note: Some committees have additional requirements, please inquire when submitting !his application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. PLEASE INDICA TE THE COMMITTEE(S) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE 2. NAME: WM. E. BRAUN PHONE: 462 1700 OR 4G1 :ï365 3, HOME ADDRESS: 3920 OAK HAMMOCK LANE FORT PIERCE. FL. 34gR1-Â~?1 4. WHICH COMMISSION DISTRICT DO YOU LIVE IN? tf 5. BUSINESS/OCCUP A TION VOLUNTEER. ST. LUCIE r.nTTWT'V 6. BUSINESS ADDRESS: 2300 VIRGINIA AVE, ROOM 228 FT. PIERCE, FL., 34982 PHONE: 462-1700 7. BRIEF RESUME OF EDUCA TION & EXPERIENCE:(please attach resume) PLEASE SEE RESUME 8. DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO, PLEASE LIST: NO 9. WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(S) INDICA TED? I M1 DIRECTOR EMERI'l'u::, ut" THE ST. LUCIE COMMUNITY THEATRE ALSO ITS rnMP~POLLiR 10, WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) YES 11. COMMENTS: "A/~//~ /,>';2. Ii: - /~;:~/~¿.:-.v--- DATE: L/C7(' ¡i-~ /-- " ~/. f'(/ APPLICà TION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to:St, Lucie County Administrator's Office 2300 Virginia Ave.. Ft. Pierce, FI. 34982 Phone: 462-1453 SIGNA TURE: / ~ , ~ """"" RESUME WILLIAM E. BRAUN, SR., 3920 Oak Hammock Lane, Fort Pierce, Fl. 34981 ( 561 ) 461-5365 1996 - present: St. Lucie County Purchasing Department. Part time. Volunteer. Filing ( clerical) 1995 to 1996: Port St. Lucie National Bank. Part time. Develop statistical and analytical records for President and Vice President. 1992 to 1995: Property Appraisers Office--of St. Lucie County. Appraiser and records research activity for the county. ( under James Bass and, later, Douglas Putnam ) 1969 to 1990: Harbor Federal Savings and Loan Association, Ft. Pierce, Fl. TITLE: Senior Vice President EXPERIENCE AREAS: Plan, organize, develop, staff, control, train and innovate: all aspects of residential and commercial real estate lending. Author, or scrutinize and approve all presentation thesis for large sized lending projects to be considered by the Board of Directors. Deliver formal presentations to the Board. Engage attorneys and title companies to handle and coordinate business in newly developed territories. Business development - territory expansion. Negotiate loans in accordance with policy guidelines. Review and underwrite the loan applications for all commercial loan officers. Supervise preparation of all letters of loan commitment to applicant ¡ borrowers. Conduct or supervise com~ercial loan closings. \- . , RESUME PAGE 2 '-' ...." AUTHORITY: In charge of real estate lending division. Span of control included residential and commercial operations, appraisal department ( including inspections - research and statistics ), loan servicing department, central loan processing department, secondary marketing activities, training ( including lending personnel in branches ), and consumer lending regulations and control. 1952 TO 1969: Ozarks Federal Savings and Loan Association, Farmington, Mo. TITLE: President and Director EXPERIENCE AREAS: Teller, bookkeeper, savings accounts, all aspects of lending, appraising, FHA loans, establish branch and agency offices, advertising, personnel. Part owner of fire and casualty agency and also mortgage life insurance agency. Sold insurance in the office as well as in different cities. Settled death claims. Public relations, represent the firm legally, institute new operational programs. EDUCATION: B.A. Westminster College, Fulton, Mo. Economics. M. B. A. Florida Institute of Technology, Melbourne, Fl. ( Financial forecasting, planning, analysis; Managerial accounting; Economics; Statistical methods; other graduate level business courses ). Graduate School of Savings and Loan, University of Indiana. ACTIVITIES: Comptroller and accountant for St. Lucie Community Theatre, Inc. Treasurer and member of Finance Committee member First United Methodist Church. Auditor for First United Methodist Church of Vera Beach and also Fort Pierce. Computor work: Lotus Symphony and 123, Quattro Pro spread sheet and Word Perfect 7 and IBM word processing programs. Other computer programs. Church radio engineer and announcer, flying, civic organizations, pian%rgan, lay preaching, hunting-fishing. MILITARY: U. S. NAVY - Honorable Discharge. · , . '-" ...., St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: * Must be a County resident *Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest *Must not be employed by the same business entity as other committee members. * Must not serve on more than 2 County committees Note: Some committees have additional requirements, please inquire when submitting thi~: application. In addition, service on committees with planning, zoning or natural resources/' '. responsibilities may require disclosure of financial interests. Pleasi::tomplete the following information: .,t 1. 2. 3. 4. 5. 6, 7. 8. 9. 10. 11. PLEASE INDICA TE THE COMMITTEE(Sl YOU ARE INTERESTED If'J¡ SEE THE REVERSE SIDE NAME:~ 'F, f~t NTI Ct:. PHONE: 5'6/ '-165 3/70 HOME ADDRESS: -z,b 05 Sf. l-UGí6 6L-Vb -if ( 'F'{. p'-e R c.~ R 3'1 q l{ G::. WHICH COMMISSION DISTRICT DO YOU LIVE IN? '57"-. Lv{.; ìe. &. ~ BUSINESS/OCCUPATION A~T15'T BUSINESS ADDRESS: '2-fÒO:> 25-1-· L-UG IE I'J.J'-vþ :It I C,t¡SA C:~,.o¡f'ðIÚA 'Ft. (JI-er<.c e Pc..... 3iq 'hPHONE: 5&( 46S" 3ft Ò BRIEF RESUME OF EDUCA TION & EXPERIENCE:(please attach resume) DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO, PLEASE LIST: r\O WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(S) INDICATED? 1: AM irJJOLvl.1) ¡rJ -rhe.. p~ð.f<2~S I or0A L Afl.;T v-Jú (LId A~ j) CÒ t111\1t Ú. 10 TY At: '(" WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) n û COMMENTS: X AM loo/(.INb roe..()J,^~Ù 'Tò TA/<:/tVb It tJ .E\Ct{JE Ro/~ Or-J +l1.i<; t':.ounc¡"L - ----5 "<a ('1 DA TE: 1, 2-- <:6- q q' APPLICA TION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to:St, Lucie County Administrator's Office 2300 Virginia Ave., Ft. Pierce, FI. 34982 Phone: 462-1453 . , ., . .' ~ ...., ST. LUCIE COUNTY Cl1L Tl:RAL AFFAIRS COLNCIL QUESTIONAIRE FOR PROSPECTIVE BOARD OF DIRECTORS MEMBERS **ST. LUCIE COü~TY RESIDENCY REQUIRED""" NAME: í'-A. H1J N TfZlA.'S ADDRESS: 703 fLof\.lþA A:VOJut fo~í PI[1UÆ FL 34<=t 50 TELEPHONE NUMBERS: A-(p3 -10 I ¡(HOME) 4"0 - 21.00 BUSINESS AFFILIATION: V I T'( of- f Oft T 'P I tP--Cf: (WORK) CULTURAL AFFILIATION(S): (Þ'J(;:J(1..f:"J> po~ ~ /Jéw U~ßAN¡J"1, Þ.~v¡"'l(rte...:r\¡r,-AL.. CLue> oF- .IlIAI-"1 EXPERTISE/BACKGROUND: ÞÞl.cHeLoI'. p..,µ""þ /1p.,<¡"íf'1. 'j 'DE G~e.e~ OJ:=" AU/-( lIE vWr< ~ J t:,XíE'NSIVt. UR.f)AIV D£SIGN A~j) ¡1)wN fLAN/w'/^lG f,Xft"-(etJcÆ.J FItE.Gl.,Li''EAJT L-€.(.Tù~eft. IN A.A.í H-'S\D~'f Ã/JD Å~GHlíe(_;TU~AL H'Síò~'1 ) T~^I~tNC~ I~ ÞOcf'. T . PLEASE INDICATE ANY OTHER PERTINENT INFORMATION: S~~0' kl ' ,.J'T"'8R.E~ r /U rutH_Ie... A~T ANY QUESTIONS PLEASE CALL: 462-1441 ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL 2300 Virginia Avenue, ^dministratiou Annex Fort Pierce, Florida 34982 DATE RECEIVED: '-" ....", VOTING BALLOT SUBJECT: Cultural Affairs Council PLEASE SELECT ONE (1) William Braun I Anita Prentice Ramon Trias COMMISSIONER'S SIGNATURE: ~~ ) £~ '-' ...., VOTING BALLOT SUBJECT: Cultural Affairs Council PLEASE SELECT ONE (1) William Braun ,.,< t--" Anita Prentice Ramon Trias COMMISSIONER'S SIGNATURE: .~ ¿~ '-'" ..." VOTING BALLOT SUBJECT: Cultural Affairs Council PLEASE SELECT ONE (1) William Braun ~ - - Anita Prentice ~ Ramon Trias COMMISSIONER'S SIGNATURE: <~ '-' ....., VOTING BALLOT SUBJECT: Cultural Affairs Council PLEASE SELECT ONE 1) William Braun Anita Prentice Ramon Trias COMMISSIONER'S SIGNATURE: '-' ...., VOTING BALLOT SUBJECT: Cultural Affairs Council PLEASE SELECT ONE (1) William Braun X Anita Prentice Ramon Trias COMMISSIONER'S SIGNATURE: jJj r~ 11/24/99 ST .~CIE COUNl'Y - BOARD .., PAGE 1 FZABVARR VARRANT LIST I 9- 20-NOV-1999 TO 24-NOV-1999 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 318,614.97 263,910.12 001001 Recreation Special Events 250.00 0.00 001116 Sec 112/MPO/FHVAlPlanning 98/99 4,940.13 0.00 00 1125 TC Community Action Agency FY 99/00 16.76 0.00 001126 Section 112/MPO/FHVA Planning 99/00 420.49 4,727.74 001221 001-DEP-Childrens's Enviro Museum 26,250.19 0.00 001235 TDC Planning Grant 98/99 176.43 0.00 001242 98/99 E. M.. P.A. 3,095.06 0.00 001805 SFVMD/SLSVCD EaIP Program 745.70 0.00 101 Transportation Trust Fund 16,723.22 92,177.38 102 Unincorporated Services Fund 4,024.47 37,463.53 102001 Drainage Maintenance MSTU 310.98 3,004.80 105 Library Special Grants Fund 183.77 1,980.80 107 Fine & Forfeiture Fund 2,885,511.82 63,757.10 111 River Park I Fund 2,517.55 0.00 112 River Park II Fund 507.17 0.00 120 The Grove Fund 138.22 0.00 122 Indian River Estates Fund 832.80 0.00 126 Southern Oak Estates Lighting 108.57 0.00 139 Palm Grove Fund 648.34 0.00 140 Port & Airport Fund 64,148.11 6,558.00 160 Plan Maintenance RAD Fund 1,237.04 5,539.40 183 Ct Administrator-19th Judicial Cir 756.51 4,062.37 183001 Ct Administrator-Arbitration/Mediat 235.28 1,776.52 183004 Ct Admin.- Teen Court 164.14 2,195.43 183209 Article V Trust for Criminal Court 1,174.50 0.00 185203 FHFA-SHIP 98/99 30,051.61 0.00 185204 FHFA SHIP 99/00 50.47 1,269.60 186 Recycling Operating Fund 209.49 1,374.60 186202 DEP-Recycling & Education 98/99 32.44 458.20 310002 Impact Fees-Parks 600.00 0.00 310003 Impact Fees-Public Buildings 212.10 0.00 315 County Building Fund 86,000.00 0.00 316 County Capital 36,235.00 0.00 352 SHI Vastewater Treatment Proj Fund 305.39 0.00 401 Sanitary Landfill Fund 5,032.20 27,228.00 418 Golf Course Fund 13,088.38 16,095.28 421 H.E.V. Utilities Fund 32.47 463. 19 441 North Hutchinson Island Utilities 500.15 2,830.99 451 S. Hutchinson Utilities Fund 3,947.12 2,921.27 461 Sports Complex Fund 5,084.38 7,943.23 491 Building Code Fund 1,086.58 13,515.71 501 Automated Services Fund 24,462.95 54,320.68 505 Health Insurance Fund 2,382.08 2,866.40 510 Service Garage Fund 3,734.09 8,543.02 611 Tourist Development Trust-Adv Fund 14,323.54 2,817.60 625 Law Library 76.81 0.00 GRAND TOTAL: 3,561,179.47 629,800.96 12/06/99 ST .'-dCIE COUNTY - BOARD ....., PAGE 1 FZAB\lARR \lARRANT LIST #10- 25-NOV-1999 TO 03-DEC-1999 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 351,031.55 17,424.45 00 1125 TC Communi ty Action Agency FY 99/00 585. 11 0.00 001126 Section 112/MPO/FB\1A Planning 99/00 936.59 0.00 001241 Ft. Pierce Inlet Boat Launch Area 11,715.00 0.00 001804 SFVM/SLS\1CD \lell Monitoring Program 31.90 0.00 101 Transportation Trust Fund 52,955.79 9,661.37 10 1001 Transportation Trust Interlocals 1,000.00 0.00 101002 Transportation Trust/80% Constitut 32,969.31 0.00 101003 Transportation Trust/Local Option 2,301.00 0.00 102 Unincorporated Services Fund 11 ,520.60 2,376.72 102001 Drainage Maintenance MSTU 197,938.21 765.02 105 Library Special Grants Fund 4,254.15 0.00 107 Fine & Forfeiture Fund 220,069.88 2,569.73 140 Port & Airport Fund 127,151.89 0.00 160 Plan Maintenance RAD Fund 1,141.07 0.00 182 Environmental Land Acquisition Fund 2,450.00- 0.00 183 Ct Administrator-19th Judicial Cir 2,673.74 0.00 '183001 Ct Administrator-Arbitration/Mediat 546.66 0.00 183004 Ct Admin.- Teen Court 546.00 0.00 183105 Dam Relations Hearing Officer 99/00 5,979.15 0.00 185203 FHFA-SHIP 98/99 12,224.92 0.00 186 Recycling Operating Fund 247.22 0.00 186202 DEP-Recycling & Education 98/99 68.25 0.00 316 County Capital 22,247.50 0.00 401 Sanitary Landfill Fund 82,656.59 2,991.46 401218 Litter Control & Prevention 99/00 2,275.00 0.00 401219 FDEP \laste Tire 99/00 500.00 0.00 418 Golf Course Fund 26,767.88 767.52 421 H.E.Y. Utilities Fund 435.96 14.53 441 North Hutchinson Island Utilities 41,283.49 242. 11 451 S. Hutchinson Utilities Fund 5,080.75 227.58 461 Sports Complex Fund 10,383.16 0.00 471 Holiday Pines Utilities Fund 1,916.92 0.00 491 Building Code Fund 8,947.23 1,964.18 501 Automated Services Fund 91,134.61 3,331.11 505 Health Insurance Fund 50.27 5,285.17 510 Service Garage Fund 40,573.12 0.00 611 Tourist Development Trust-Adv Fund 2,296.58 0.00 625 Law Library 6,445.74 0.00 GRAND TOTAL: 1,378,432.79 47,620.95 ~ AGENDA REQUEST ....", ITEM NO. C~ DATE:Dece 7,1999 REGULAR [ ] PUBLIC HEARJNG [ ] CONSENT [X] PRESENTED BY: ~~~~.~ (Donald B. W,,*t, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BV(DEPT): t;NGINEERINy DMSIQN 4115 SUBJECT: Extension of Agreement for Continuing Professional Engineering Services for Soil Testing Services. ~CKGROUND: On January 20, 1998, the Board approved an agreement with Ardaman and Associates, Inc., and Dunkelberger Engineering and Testing, Inc., to provide Soil Testing on a continuing basis. The agreement was for a period of tv..o years with the option of a one year extension. FUNDS AVAIL.: nla PREVIOUS ACTION: Board authorized staff to advertise for an RFP. November 25, 1997 - Board authorized staff to begin negotiations. January 20, 1998 - Board approved agreements on a continuing basis. RECOMMENDATION: Staff recommends approval of the one year extension to the agreement for Soil Testing Services with Ardaman and Associates, Inc., and Dunkelberger Engineering and Testing, Inc., and authorize the Chairman to sign the agreements. COMMISSION ACTION: (X] APPROVED [ ] OTHER: [ ] DENIED sAnderson County Administrator (x}Courty AIiomey 011/ (x)OrigInating {)eJt. Public WOr1œ ¿ 1.. ,J eojlebg.wpd CoardIrtIIlonISlanlta.... [ )Mgl & Budget {x]Co.Eng~ [~ ~Pr t\ (JOther~ ... ~ ...., EXTENSION OF JANUARY 20, 1998 AGREEMENT BETWEEN COUNTY AND ENGINEER FOR SOIL TESTING SERVICES THIS EXTENSION is dated this 1999, by and between THE COUNTY OF ST. "County"), and ARDAMAN & ASSOCIATES, INC., day of LUCIE, FLORIDA, (the (the "Engineer"). WHEREAS, on January 20, 1998, the parties entered into an Agreement Between County and Engineer for Soil Testing (the "Agreement") wherein the Engineer agreed to provide soil testing services for an initial term of one year with the option to extend the term for an additional year; and WHEREAS, the parties have agreed to exercise the option and extend the term of the Agreement through and including December 31, 2000. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to extend the Agreement through and including December 31, 2000 on the same terms and conditions. IN WITNESS WHEREOF, the parties hereto have executed this Extension on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ARDAMAN & ASSOCIATES, INC. BY: SECRETARY PRESIDENT C:\JWL\AGREE\ARDMAN-EXT-99.WPD '.. 'IIW ,..., EXTENSION OF JANUARY 20, 1998 AGREEMENT BETWEEN COUNTY AND ENGINEER FOR SOIL TESTING SERVICES THIS EXTENSION is dated this day of 1999, by and between THE COUNTY OF ST. LUCIE, FLORIDA, IICountyll), and DUNKLEBERGER ENGINEERING AND TESTING, INC., IIEngineerll) . (the (the WHEREAS, on January 20, 1998, the parties entered into an Agreement Between County and Engineer for Soil Testing (the "Agreement") wherein the Engineer agreed to provide soil testing services for an initial term of one year with the option to extend the term for an additional year; and WHEREAS, the parties have agreed to exercise the option and extend the term of the Agreement through and including December 31, 2000. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to extend the Agreement through and including December 31, 2000 on the same terms and conditions. IN WITNESS WHEREOF, the parties hereto have executed this Extension on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: DUNKLEBERGER ENGINEERING AND TESTING, INC. BY: SECRETARY PRESIDENT c: \JWL\AGREE\DUNKLEBERGER-EXT-99 ,WPD '-" ...., ITEM NO. c-2t£3 DATE: December 7,1999 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: (~~~l.-P~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: North A1A M.S.B.U. Potable Water Improvements - St. Lucie County Utilities Request Permission to Advertise for the Second Public Hearing BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: July 18, 1995 - Board accepted the petition and granted permission to advertise the Initial Public Hearing. September 5, 1995 -Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project. RECOMMENDATION: Staff recommends that permission be granted to advertise for the Second Public Hearing. In the opinion of staff, this public hearing is recommended to be held on January 4, 2000 which is a night Board meeting. COMMISSION ACTION: [x] APPROVED [ ] OTHER: [ ] DENIED ~/l D gl Anderson Coun y Administrator (x]County Attorney (x]Publlc Works Dir 1f!Þ¡ ;' ( ]Flnance Jr CoordinationlSianatures ( ]Mgt. & Budget IX ]Co. Eng ~ . /' (]PUrChaSi~~ IX]UÜltiesl~ '. '-' ....., i -. COMMISSION REVIEW: December 7, 1999 ENGINEERING MEMORANDUM NO. 99-440 TO: FROM: Board of County Commissioners Donald B. West, County Enginee;Jf~ November 23, 1999 DATE: SUBJECT: North A1A MSBU Potable Water Improvements - SLC Utilities Request Permission to Advertise for the Second Public Hearing BACKGROUND: The property owners of the North A1A MSBU petitioned St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.) to fund the costs necessary in bringing potable water improvements to their area. The water system would be owned, constructed and maintained by St. Lucie County Utilities. The initial petition received represented ninety (90%) percent in support of the project. On November 16, 1999, the property owners were notified by mail of their tentative assessment and that a second informal meeting would be held on November 30, 1999, to discuss the project. The notification also stated that the County Engineer would proceed directly to the Second Public Hearing recommending adoption of the assessment roll and to commence construction of the project. At the second informal meeting, County staff will discuss the construction layout and design of the water system, the method of assessment, and the tentative assessment amount. RECOMMENDATION: Staff recommends that permission be granted to advertise for the Second Public Hearing. In the opinion of staff, this public hearing is recommended to be held on January 4, 2000 which is a night Board meeting. cc: Staff Concurring OMS Manager Finance Director Tax Collector Jan Harbin, Tax Collector Special Assessments ~ ¡ ... I a: c o CJ i') t ,/ I I ,. '" {~ I ~ . . ... I ~ . .. !~ f I , ~ I , .. ::" v " ~cr . '" . :~'^~. JJ I. '0 ~,. -" .... ~ ~ o' 1,1 N"; I; J, r ( 4 . .. i,} · (I'" ~ ~ '" ~ ~ ~.. Hi ~i o · ~& i""" ~ ~1 :1 \' . .... , \ I I \ I I~ ~ o J i u o W .I Q. ;, U'" .........! ~ n 'V~ ~. ~ ~ ~f S: "I Q ~ ....;1 0 \I) Ó Oct ~ :? . UJ ..:,. 00 :r ",- - ~..::;¡ a: 3 .; :t ~ '\t VJ .+' ~ :: «) III III .. , ~ I I I I I I I I , I t I I I I t I , t , . ~.t 61ft '-' AGENDA REQUEST W ITEM NO. C- ~ -A DATE: December?, 1999 ., ~ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: B_OARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Bid waiver and purchase under Section 5, 5, (a) (3) of the St. Lucie County Purchasing Manual ("If used items are available which would result in a substantial savings over purchase of new items.") for a vehicle for the Public Works Department. BACKGROUND: The Board of County Commissioners approved the purchase of a Mid-Size Utility vehicle for the Building & Inspections as part of the 2000 fiscal year budget. A used Blazer is available at Roger Dean Buick GMC Truck, Inc. for $18,655.00. This is within the $21,500 budgeted. The vehicle is in excellent shape and has approximately 25,000 miles. Standard vehicles in this class start at $21 ,000 on the '99 State Contract. This Blazer has additional features that increases its value. FUNDS AVAIL.: 102-2415-564000-100 PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests a bid waiver, sole source purchase (not to exceed $18,655). COMMISSION ACTION: NCE: [xl APPROVED [] DENIED [ ] OTHER: Other: P,","',,;og MgC(X)Æ-- Other: County Attomey:(X) ~ T OJ/-¡ Originating Dept: Mgt. & Budget:(X) Finance: (Check for Copy only, if Applicable)_XX Eff. 5/96 H:\WP\AGENDAS\WAIVERS\used blazer purchase.wpd I ,I '-' I g I .,.. " , ~ I ~ ~ Q) ~ It) &b 0 .,.. - ~ I c: CD ~ ~ <:::s .,.. 6- tIJ .e .,.. 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'T A l'p¿,4a~ 7Þ /3 <-- ,~ It)( ¿ ~LL'¿ur L!. /IN'l.JJ" tÎ ,;"..;. I A ¿S- IJ ¿;, ;tJµr;llc.-r..e/J t'b''&¡W/l ¡v¡ () Tv/!" ç; r J7 f'I- ..,-¡'/-C M J4¡4,pA/,iW e.e ;/1t;-r.M S ¡::;. -tV1 $ 'Ý ~¡./I (..¡¿.¿ /J ¡vI) ro v,4/0 ,/1/ J> Mj/~¿J¡t.. I"flAbl¿ht f · 651- ;?,. I (...1, ~.. '1 , ;::¿.¿.I!;-r ø ;q..v.rl ¡µ!. /V "Ï)¿'I'J¡ w.itlt ve.a«! 00:00 00, øø 000 Hk:l £']:0 '. . ......" .." -......,,.. Nov 18, l5:3SEST Gensral Motors ~TY4 (25:35) Page 1 01 1 " .' GM IV!\, WARRAN~'Y HIS'1'ORY INQUIRY (~P~ATZD TKRU 19991116) PAGE 1 or ¡ ;r;;:H::C¡ ,:e;-! D-NTJfo1BER ~-:'··1 1)'..-tX220642i DESCRIPTIO~i ODM D~L-~LR DEL-~AT~ ÞEL~ODOM PD!-ELìG BLAtER 4X2 4-D~ M 1326051 19990421 10 PAID . -... ~1 19990417 ~ELWA~-vATt: N/A DELWA.~-ODOM; 1326051 $B!p~TO-nLR: 1345685 WARB;.1t-MEI W.M!LK-TYi: -..,..... .. --r.. ...\....,,- ....-.. ..-: ·-'-:1 ~ CyçI,.E AUTH AO'TH 'l' ltODt.~ NO. :ao.oA;rr RO~NO. DOC-NO. l.bl u;æ.OP O~OMETElI. ID CODE ~ 01 1,;09591 991 19990915 339210 26003; 01 ~i~39ti :H69S Q['190 !; ; , \ 'ut ICO~11I1 M-BDY BTW ~OWL&F·ST-REP~ o ~'5<; ~.. - .:.3;9636 9S2 19990419 A06429 ~ 0 G4 29 01 ;:7000 .... - : MS:ENGtR <:~ A~ro 'I'~r;c!t tNI -----~ --~------.-------- HO Mo~t CLA!MS fO~ THI~ V¡N .w______________________ SfARMtlT'f-1\ELATED OPTIOUS/v.e;RICl.E INTORMATrOtl 1\£0 ;.:t5C:U i'TION'S :Ri'O :O!SC:RIPTIO~fS --- ------------------------------ --- -----------~------------------ --_.- ------------------------ 4 OOO'R $~I£S 1 - 1/2 ToN V6 'ENGUI¡ nDDAL mUSIONS M3Q 4L60 AUTO TRANS FLEZT PROCZSSIN'G OPTICU ~~4 ONE.1IE~E ~ LIr~A~ ,IlNnLCCK MAKE U1ô TAcaOMETIl\, ENGINt T:RAILDI'N~ PACAA(.;E DOO D~/PASS RLMOTE ELE~ TnIO UDIO 2001 AM/nt CD PQ\'Œ:R WINDOW AU6 J.3MOTE Eu;CT TGAT!; LOC1'C OUISE cON'nOL ~25 ~/GATZ WIN~ WIPZR 'E~m OF OPTIONS ------------------------------ ..j" I, 'I· ,. : BOPY I D.AB : IT JIMMY/BLAZER (ap;.....y TRUC! ¡,.¡GHT PrJ'TY. L35 ' . 3 LI~ V6 en j .U1'O TRANS UHS : rl$TRTJM!:lIT cLUSTER '!leA u:s'%'MIN'1' !"it'!' 5'1' 208 ~': '$ . 4 2 R~ PJ:CU M'I'IO '7£ ¡ . ;~.~, AI:R CONJ>ITI0NJ:NG , c:.:;¡ ltZY ¡NELIf.;:¡:a:u:: . .;:::: S'l'ØRING COLimN <:;-: 3 : !X!;¡) ANTENNA : 'LOOR CONSOLi: ~ 'AI¡,GA'I'E POWER wnfDOW ] :!:n.E:SS 1!:NTIll" SYSTEM J .IJGGACi: CARRIn .. G~ ~ ~ ~~~ 7ð"" ~-( O.¡~ ~~ ...zv/....? ,_ ..; ~~. .- J .r // µ\0 ! ~ ....'1 121121. 0121 Ø0Ø ~ød s::m '-' AGENDA REQUEST ,..., ITEM NO. C-3-B DATE: December 7,1999 " , ". ~ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: Hurricane Irene Emergency Purchase Orders , CHARLES BICHT BACKGROUND: The St. Lucie County Purchasing manual provides for emergencies by allowing work to proceed with the consent of the County Administrator. Since hurricane Irene there has been eleven Emergency Purchase Orders Issued. The attached memorandum list each of these Purchase Orders. FUNDS AVAIL.: 3,000,000 has been budgeted in the general fund to cover these expenses. The majority of these expenses are expected to be reimbursed by FEMA. PREVIOUS ACTION: N/A RECOMMENDATION: Consider staff recommendation to approve the Emergency Purchase Orders issued. COMMISSION ACTION: '" pq APPROVED [] DENIED [ ] OTHER: CE: County Attomey:(X) ~~)I...o OJìt" v Originating Dept: COOrdin.tio~ Mgt. & BUdget:(X) . Other: Purchasing Mgr.:(X) c~ Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 . H:\WP\AGENDAS\OTHER\Irene agenda 12-1-99,wpd . . ~ - r'" " ~ ...." " , MEMORANDUM PURCHASING DEPARTMENT TO: Board of County Commissioners FROM: Charles L. Bicht, Sr., Purchasing Manager DATE: December 1, 1999 SUBJECT: Hurricane Irene Emergency Purchase Orders As of this date there has been eleven Purchase Orders issued in conjunction with the emergency caused by hurricane Irene. P2010849 P2010873 P2011068 P2011217 P2011720 P2011300 P2011301 P2011302 P2011303 P2011306 P2011308 Stanley Steamer Pioneer Metals Garage Doors Sales Culpepper & Terpening Native Technologies Home Depot White Aluminum Garage Door Sales A A Fire Stanley Steamer Arnoff Moving . Total $300.00 500.00 468.00 2,500.00 184,990.00 87.20 661.50 175.00 110.00 348.50 1.742.75 $191,883.95 H:\WP\MEMOS\irene POs 12-1-99.wpd ... .¡~ .. 't: ~ 'Ë E 0 Ü 0 Cii 0;:1 >-<:5 u.« ã) 0) 't: ;:I CD II) C II) Cii .= II) ;:I <:5 c a>« III (J a> '¡: >- ... u._ ;: Q) 0) J: 't: ;:I CD ......,.. " . õ c.. '" oð c i i .. '" E '" E c.. 0 IV c.. ¡;¡ :I: 0- a.> a.> rn w ¡;¡ c.. ~ .. I!! >- :; 0 ü u 0 ::> ¡¡: a.> C ë .; " IV a.> a.> e ~ ¡;¡ Õ> g'c. .; 0 I;¡ E Pi ¡;¡ õ C) ::> E £: £: Qj .s::; ClÍë IV " D> a.> :; a.> oð ::> ¡;¡ i f0- e :; « >- ë a.> ~ a.> '= .!! a.> £: e- o ë 0 Qj a.> E ~ IV ã: z fo- 0( ¡;¡ 0 0 r-- r-- 0 a> CD 1ft ex) .., CD Ø!. r-: M ~ ex) '" .... ~ .., It) M a>ex)or-- OMa>a> N..---L() ct5~ - It) a> It).., a>.., OCDMex)"'CD NN LOLO__ ex) CD ex) CD r--. .., .... N a>Oa>M a>ex)..,1t) MCO<O..- --~~Ñ CDMMNN MOex)CDCD "IIIt--COCOLO Ñ «i 0 ° a> '" 0 0 N N O. 0 N N It) IÓ è It) .., e a>. e N M ~ B ~ œ ~ Ecrnrn-c" e ~ u ~... '-0' ~ø~ ...Q)~- ^ ø C ~--"',-E ,-Ec. Q)( ..'t: Q) "m ~EcQ)Q) m~;:I - --5cO) ~g~£~~ ~ ~ - O~O c~~ ~Cm ~oø~~oo~~ §=o~E _u Urn~~~~~g$E~ ( 8~$~~iI33't: U.m u.~0Q)E¿C» ~~Q)rn~~-=Eoo rn crn...rn - ( Q)0 _ø_ø't: Q)~ørn mc.;:Io ~~müU. SBmm;:lc.eS~~-u ~~~CiiC~O)c:~~c..ø~C.~O~~Cii~ ~~~~~oc..~~~mEC:~ Q).-Q)"- ¡,;".m:J U)-c E --1::0'" \..J :>::J::1 ~.- c:EcE ( E~rn cm _Q)~;:IrnOg~ >IIB;:I~ ~~~ð ~~~~ ~& ¿~w8~~~~ ~Zø~£~ o o Nr-- 00 .... .... LOO"-CO -.:tcoo..- T'""T'"""IIIt"lll:t .... o o T""T'""......,....LOO N"IiItLt')OOT"" "'''''<t1t)1t)1t) o .... ..., .... CD .... N C') o è C') a> !1:! o N .... ¡;¡ - o ~ M ..0 ~ o o a>1 a> .Q) c: (t .g :s I 6 c:: ~ ~ « ::> ~ c:: C o ¡:::: UJ ~ o ::> 9:1 ¿; '-' ..",., AGENDA REQUEST ITEM NO. C-4-A DATE: Dec. 7,1999 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Request authorization for new computer for Judge Kenny's office. BACKGROUND: The computer system in Judge Kenny's office is failing and needs to be replaced. Judge Kenny has the funds for this new computer system in his current budget, so this purchase will not increase his FY1999-2000 budget. FUNDS WILL BE AVAILABLE: 107 -605-564000-1622 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment # BAOO-105 and Equipment Request # EQOO-192 . COMMISSION ACTION: CONCURRENCE: [x] APPROVED [] DENIED [ ] OTHER: County Attorney: XX ~/ Coordination/Sianatures Management & Budget: XXh1 Purchasing: XX cß Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGE1ì WF'IAGENDA'S\AgendaOO\12'07myracomputer,wpd ... B't...ðGET AMENDMENT REQUEST FO~ .. REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB/JUDGE KENNY 11/30/99 12/07/99 TO: 107-605-564000-1622 MACHINERY & EQUIPMENT $1,135 FROM: 107-605-531000-1622 107-605-551000-1622 PROFESSIONAL SERVICES OFFICE SUPPLIES $500 $635 REASON FOR BUDGET AMENDMENT: NEW COMPUTER FOR JUDGE KENNY'S OFFICE, OLD COMPUTER SYSTEM IS FAILING AND NEEDS TO BE REPLACED. FUNDS AVAILABLE IN CURRENT FY 1999-2000 BUDGET. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 00-105 OMB:QP/GENERAUFORMS/AMENDMEN eft, 10/01/94 ~ en 0::: we Ze o~ - I en en en en - en :E- :Eo::: o«en OWe >- >-..... c ........ e w Z«N C :)0- Z c oen" w w ,,_w::E > _LL.~ ::E 0 LL. 0::: « 0 0::: oocß~ cLL.« 0::: < o:::~c «enz OWW m:)C) ~ß« zO::: :)~ OZ OW w:E _0. 0- :):) ...0 .W ~ en CI) CI) ~ ~ UJ :>- CI) < :::> < o ~ ~ UJ a:: (!) ð § ü ";) ¡:.: Z w ::E tt: ~ < ëi.i fu ~ c c ß CI) s: UJ a:: o < ffi ¡...: :::> ~ o ü I- r5 m o ~ a:: I- Z w :E w o < ...J D.. W 0::: i w Z a Z i= en >< w ¡:.: Z w :E e: =» a w ...., 0> .c: ,.:::; ~ .~ C\ C\ (Q ,.. o o o ~ (Q lC) Ll> o (Q ~ o ,.. E ~ ~ CJ) ...... c: Q) CJ) ~ Q. Q) £; Q)~ ~ o .~ E c: ~ c: ~ ~ CJ) Q) I.... 0> ~ "C ::J ~ ~ I.... 0 -E Co) E ~ ~ c: ~ Q) CJ) £; I.... ~ .S ::J ~ ~ a5 o c: Co) 0 =: 1:i ~ Q) Q) 0 c: Co) Co) co~Q) ~ I.... 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Z w ::E a.. 5 a w - ; . -. . . . soce of St Lucie County St Lucie County Automated Services 2300 Virginia Avcllue f.t Pierce, FL 34982 '-" h_______._ : Send To ~~_._-- ·___n_._.. : 19th Judicial Court ¡ ATTN: Judge Kenney ! 218 S, 2nd Street I Ft Pierce, Florida 32950 ---.--------. 1-------_______.______ _._ po t'Jo, Customer Ship Date REP . ----_.. -.-_ - . - _u_._______ To Follow 11/10/1999 ----.----. ----- ---- Qty Item Description -- ,- -- - - - - - .----- - - - ----- _. --- -. -------.--.--- --- 850.00 PC/Wrkstn PC/AMD400, 32MB, 4gbHDD, NIC, VGA, 1S"Mon,Mouse, Keybd, CDROMWIN9S Wordperfect 8.0 Suite Software ..------------.----- -....-.-.- ....., Quote --'0 _____.__ Date Quote No, 2000- - ----.---- -.- 11/10/1999 77 Work Order'No· - - '/'-..- ~~ria~~:' "-.-- -.,-.---- ---------.. 12830 L Cost Total I ~ 850.00 , i 285,00 285.00 Total $1,135.00 -. '-' ~ INTERNAL REQUISITION AUTHORIZATION For Warehouse Orders and Other Quotations r OATA IMPUT PAGE "" CLERK REQUISITION NUMBER REQUISITION DATE 1/23/99 DEPARTMENTsrO'I"1' M. KENNEY, CIR. JUDGE FUND: 107-605-564000-1622 DELIVER TO RM. 327 COURTHOUSE ADDITION NEED ASAP AS COMPUTER IS STEADILY DECLINING REMARKS VENDORS: NUMBER 111 NUMBER 112 NUMBER 113 NAME ADDRESS NAME ADDRESS NAME ADDRESS AUTOMATED SERVICES SOLE SOURCE EMERGENCY PURCHASE '~~M QUANTITY UM DESCRIPTION VENDOR 113 VENDOR 112 VENDOR 111 UNIT PRICE UNIT PRICE UNIT PRICE 850.00 ToTAL PRICE 1 1 95 285.00 2 1 PRICES ESTABLISHED BY: VENDOR TOT ALS 113 112 #1 I'~ I1b- REOU EST'N~RSON ~~ DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY , VENDOR . REPRESENTATIVE 111 112 ~ -- '.~ '-" AGENDA REQUEST ..., ITEM NO. c-46 DATE: Dec. 7, 1999 REGULAR [ PUBLIC HEARING CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey Lincoln SUBJECT: Budget Resolution #99-274 for the Florida Dept. Of Health reimbursement of the County's cost of certain infrastructure adjacent to the new county health building on Midway Road. BACKGROUND: On September 2, 1998 St. Lucie County entered into a contractual agreement to pay up to $150,000 to Midway Commerce Center for planning and construction of certain infrastructure around the new county building. Midway Commerce Center will receive payment(s) from the County upon completion of the project and presentation of their invoices and backup documentation. St. Lucie County will in turn be reimbursed by the Florida Dept of Health for the entire amount (up to $150,000) based on the Inter-local Agreement from October 12, 1999. The County must submit request(s) for reimbursement to the Florida Department of Health within 30 days of the actual payment to Midway Commerce. FUNDS WILL BE AVAILABLE: 101210-4117-334694-4609 Florida Department of Health PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution # 99-274 to appropriate and expend funds from the Florida Department of Health for facilitation of infrastructure adjacent to the new county health building, and authorize the County attorney to prepare and the Chairman to execute necessary agreements related thereto. COMMISSION ACTION: CONCURRENCE: [ x] APPROVED [ ] OTHER: [ ] DENIED _ ..-----1.~ ~ Doug Anderson ounty Administrator County Attorney: ~ r OJ"'" Originating Dept: coor~;nation/Sianat~ Management & Budget: XX Purchasing: L, Public Works: Other: G: \B UDGEli WP\AG ENDA'S\AgendaOO\ lZ'7health'building, wpd t '-' ..."., RESOLUTION NO. 99-274 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 from the Florida Department of Health in form of a reimbursement for certain infrastructure adjacent to the new county health building in the amount of $150,000. 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 7th day of December, 1999, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-00, and the County's budget is hereby amended as follows: REVENUES 101210-4117-334694-4609 Florida Department of Health $150,000 APPROPRIATIONS 101210-4117 -563000-4609 Improvements orr Buildings $150,000 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED THIS 7THE DAY OF DECEMBER, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGElì WP\AGENDA'S\AgendaOO\12'7health'building, wpd '-' ~ (2 qq - 1 ()-, () 5V INTERLOCAL AGREEiYIENT THIS INTERLOCAL AGREEiYIE~l is made by and between the FLORIDA DEPARTJ\'IENT OF HEALTH, (hereinafter referred to as "Department") and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County") to share the costs of the developmem of the new St. Lucie County Health Department facility and related infrastructure improvements. "VHEREAS, on September 2, 1998, the County entered into an Agreement to Donate Real Property and Agreement to Construct Required Improvements with Midway Commerce Center, Ltd., hereinafterreferred to as "Midway", to facilitate the development of a new St. Lucie County Health Department facility to be located on Midway Road and Milner Road, a copy of which agreement is hereby attached hereto and incorporated herein as Exhibit" A", hereinafter referred to as "Midway Agreement"; and, WHEREAS, the Department proposes to reimburse the County up to one hundred fifty thousand and 00/100 dollars ($150,000.00) for its payment to Midway pursuant to the Midway Agreement; and, NO"V, THEREFORE, in consideration of the mutual advantages accruing to the parties and the benefits, promises, and considerations hereinafter set out, the Department and the County agree as follows: 1. PURPOSE AND INTENT The County and the Department wish to cooperate in the development of a new facility for the St. Lucie County Health Department. 2. ROLE OF THE PARTIES A. The County has previously agreed to reimburse Midway for fifty percent (50%) of the planning cost of providing infrastructure to benefit the Site. The cost that will be reimbursed includes fifty percent (50%) of the cost of preparing the plans for the Site and obtaining pennits for the Site, such reimbursement not to exceed twenty-five thousand and 00/100 dollars ($25,000.00). The County has also previously agreed to reimburse Midway for fifty percent (50 %) of the cost of infrastructure to the Site in an amount not to exceed one hundred twenty-five thousand 001100 dollars ($125,000.00), The total reimbursement shall not exceed the total amount of one hundred fifty thousand and 00/100 dollars ($150,000.00). -- -1- i ~ ....., B. Within thirty (30) days following payment of the above-referenced reimbursement to Midway, the County shall submit an invoice in sufficient detail for pre-audit and post-audit purposes to the Department requesting reimbursement for the payment to Midway. Such request for reimbursement shall not exceed one hundred fifty thousand and 00/100 dollars ($150,000.00). C. The Department agrees to reimburse the County up to the amount of one hundred fifty thousand and 00/100 dollars ($150,000.00) for its reimbursement payment to Midway as set forth above pursuant to the Midway Agreement. Payment shall be made within thirty (30) days of the date of the receipt and approval of the request for reimbursement by the Department. 3. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including telex and tele,g:c~phic communication)and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (ainnail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to: As to County: With a copv to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia A venue Administration Annex Fort Pierce, Florida 34982 As to Department With a copv to: Chief, Bureau of General Services 2020 Capital Circle SE, Bin #B06 Tallahassee, FL 32399-1734 General Counsel 2020 Capital Circle SE, Bin #A02 Tallahassee, FL 32399-1703 -- 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 telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on tœ 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, -2- '-" ~ 4. PUBLIC RECORDS The parties shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. 5. ASSIGNNIENT No party shall assign this Agreement to any other persons or fIrm without fIrst obtaining the non assigning parties' approval. 6. ·WAIVER. If under the provIsIOns hereof, the Department or the County shall institute proceedings and a compromise or settlement thereof shall be made, the same shall not constitute a waiver of any covenant herein contained not of any of the Department's or the County's rights hereunder. No waiver by the Department or the County of any prQ..v!?ion hereof shall be deemed to have been made unless expressed in writing and signed. No waiver by the Department or the County of any breach of any covenant, condition, or agreement herein contained shall operate as a waiver of such covenant, condition, or agreement itself, or of any subsequent breach thereof. 7. BENEFIT AND BURDEN. The provisions of this Agreement shall be binding upon and inure to the benefIt of the parties hereto and each of their successors and assigns, 8. OBLIGATIONS OF SUCCESSORS. Each and all of the provisions including all options in this Agreement shall be binding upon and inure to the benefit of the parties hereto, and except as otherwise specifIcally provided in this Agreement, to their respective heirs, executors, administrators, successors and assigns, subject at all times, nevertheless, to all agreements and restrictions contained elsewhere in this Agreement with respect to the assignment, transfer, encumbering or subletting of all or any part of County's interest in this Agreement. -- 9. ENTIRE AGREEMENT. I t is understood and acknowledged there are no oral agreements between th~ parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by the Department to the County \vith respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Agreement unless such negotiations, arrangements, brochures, agreements, and understandings are specifically incorporated herein. -3- '-'" ...""" 10. PARTIAL INVALIDITY. It is agreed if any provision of this Agreement shall be detennined to be void by any court of competent jurisdiction, then such detennination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 11. MODIFICATIONS OF AGREEMENT. This Agreement may be modified only by mutual WTÌtten agreement of both parties. 12. ARTICLE HEADINGS. The article headings in this Agreement are inserted only as a matter of convenience and reference. They are not to be deemed as limiting in any manner the content of the provisions which they described and are not to be given any effect whatso·eŸêi"in construing the provisions of this Agreement. 13. CUMULATIVE EFFECT. The various rights, options, elections, powers and remedies contained in this Agreement shall be construed as cwnulative; and no one of them shall be exclusive of any of the others, or of any other legal or equitable remedy which either party, might otherwise have in the event of breach of default in the tenns hereof, and the exercise of one right or remedy by such party shall not impair its right to any other right or remedy until all obligations imposed upon the other party have been fully perfonned, 14. GOVERNING LA\V. .. The laws of the State of Florida shall govern the validity, perfonnance and enforcement of this Agreement. Should either party institute legal action to enforce any obligation contained herein, it is agreed the venue of such suit or action shall be in St. Lucie County, Florida; and both parties hereby waive any defenses to the contrary. Although the printed provisions of this Agreement were drawn by County, this Agreement shall not be construed either for or against the County or the Department, but shall be interpreted in accord with the general tenor of this language. -4- '-' .....,¡I IN 'WITNESS 'WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: BOARD OF COuNTY COMMISSIONERS ~~J~ BY: ¿¡~) ff ~(~ CHA1RJ.YL~· {/ / APPROVED AS TO FORlYl Al'{ü CORRECTNESS BY: '1J."-d-._~ þ.,Jdð. COUNTY ~ _, ORl'ŒY 'WITNESSES: FLORIDA DEP ARTlYIENT OF HEALTH ¿l~ /{fAJ-b0 ~~ ~~\.S1Yû APPROVED AS TO FORlyl Ai'ID CORRECTNESS: BY: -, g:\atty\agreemnt\interloc\slc.health. wpd -5- ~GENDA REOUEST """" ITEM NO. C-4C DATE: Dec. 7, 1999 REGULAR [ ] PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey Lincoln SUBJECT: County Health Building Impact Fees BACKGROUND: The State of Florida has budgeted funds to construct a new Health Facility in St. Lucie County to be located at Midway Road and Milner Road. The amount budgeted will cover the construction of the facility, however it did not include an allocation for impact fees. Impact fees associated with this project are $50,598. Before issuing a building permit, the City of Port St. Lucie requires all applicable impact fees be paid. Mr. Jim Gilbert, Business Manager for the St. Lucie County Health Department, has indicated that the State will allocate the $50,598 during the state's next fiscal year. The funds should be available after July ¡st of 2000, however this will delay construction. Staff is asking the Board to consider loaning the Health Department the funds for the impact fees from General Fund Contingency which will be repaid after the new State fiscal year. FUNDS WILL BE AVAILABLE: 001-6210-562015-4609 General Fund - Health Department - Building Impact Fees PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners agree to loan the Health Department $50,598 to pay the City of Port St. Lucie the required impact fees and approve Budget Amendment 00-107 authorizing the transfer of funds from the General Fund Contingency into the Health Department budget. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [] DENIED [ ] OTHER: oug Anderson County Administrator Coordination/Signatures County Attorney: XX ~ <fÐð""\ Management & Budget: ~ Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) X-- G:\BUDGET\ WP\AGENDA'S\12'7health'imp'fees, wpd BVET AMENDMENT REQUEST FOR'"-,, REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB/Administration 11/30/99 12/07/99 TO: 001-6210-562012-4609 Building-Impact Fees $50,598 FROM: 001-9910-599100-800 Contingency $50,598 REASON FOR BUDGET AMENDMENT: To loan the Health Department funds to pay impact fees. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $890,094 $50,598 $839,496 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 00-107 OMB:QP/GENERAUFORMS/AMENDMEN eft, 10/01194 I· .- - . f1-lor:r~ 7) _ -rt71 CI1Y OF PORT ST. 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WNfflIN(; 70 OWNfR: ~ FAUJIiIÆ 1'0 MCàR()" N071c;t 01' COMMEHCEMfNT ....w TIN '1'OC.W M)1M; 1'MCf Fal!~ 1'0 ~ P1KJI>91'{ lONe TOIACs $PSC~ AI'PIIOIPU C!IY WA1!R arY SEYItR rl.orl'lAl'l ß,1I\I,WCIiT ~-PIAH 13. CONSIJIJ wmI Yr:IJR !.!M:JfR ~ /# 1(r'{CR.\£Y OF UR \;PI ti;lrdue 01 0Nr'Ø fl o,."...lIú1døtJ ICclvj 'tCH ¡-..; ftIø¡ FI.OoO _0 JUDITH N. KAY MY COMMISSION " c~~ 17;~ I!XPIRE..~: )I)".~,':OO! I~Ot'~uotJ:IØf ~. S1or& C<r.tl5c:clcn or ~ .: ~cllfon 0....: COnftIcIcr. C«IIIcGM ct ~ ",-y #: ~ Al'l'llCM!iO IIV: IÆRr.4ITV~t! CHK. WHtN ~T V'"'UCW!O ON 1'H\: sl'IO.a IHIS rs ~ ÆRMT _".4..,.. _. .._ "._' _. ...'~._.__.. ,19 'it¡ M.o. CASH .. '-- - < t . '-" AGENDA REQUEST .....; ITEM NO. C - SA DATE: 3.2/07/99 CONSENT [X] REGULAR [] PUBLIC HEARING [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Leisure Services Michael Leeds Department Head SUBJECT: Dollman Beach Park - #305 Beach Acquisition Funds BACKGROUND: On September 2, 1997 the Board of County Commissioners approved the Florida Recreation Development Assistance Program Grant for $100,000.00 to be matched with $100,000.00 from the #305 Beach Acquisition Fund. On April 7, 1998, the BOCC approved the use of $80,000 from the Beach Acquisition Fund for Dollman Beach Park. Leisure Services is under contract with Post, Buckley, Schuh & Jernigan, Inc. to develop plans for this park proj ect. The environmental, transportation and boundary surveys are complete and the first draft of the plan has been received. Leisure Services is requesting an additional $100,000 from the Beach Acquisition Fund for Dollman Beach Park. FUNDS AVAIL. : Additional funds will be made available #305.7240.563000.7958 Beach Acquisition Fund PREVIOUS ACTION: April 7, 1998, Board of County Commissioners approved $80 ,000.00 from the #305 Beach Acquisition Fund to Dollman Beach Park. RECOMMENDATION: Staff recommends the Board of County Commissioners grant approval to use an additional $100,000.00 from the #305 Beach Acquisition. [X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Coordination/Siqnatures County Attorney: Mgt & BUdget:çz:{I/:J ¿ PurchasiDg : ~\ Originating Dep . Other: Other: Finance: (copies ODly): Bl'l". 11/4/93 · .. '-' ..., DEPARTMENT OF LEISURE SERVICES MEMORANDUM TO: Board of County commissioners FROM: Mike Leeds, Leisure Services Director Don McLam, Projects Manager"3:.J'\'J\~ THROUGH: DATE: November 23, 1999 SUBJECT: Do1~n Beach Park - #305 Beach Acquisition Funds *********************************************************************** After eight years the Leisure Services Department is coming very close to making the Dollman Beach Park a reality. In 1991/2, concepts were discussed with the Board and general public meetings were held, with the final result being a conceptual master plan being adopted by the Board. In 1996 we applied for a grant through the Florida Recreation Development Assistance Program (FRDAP) and on September 2, 1997 the Board accepted the grant matching it with Beach Acquisition Funds. After receiving cost estimates of $1.2 million dollars to complete the project, we looked at developing the park in three phases (central, south and north). Through a continuous contract agreement we requested Post, Buckley, Schuh & Jernigan, Inc. to provided a cost estimate to design and write the bid specification for Phase I. We felt the design cost of $98,000 was to high for this project. In reviewing the proposal there were three items that could be done in house; Environmental, Boundary and Transportation survey's. Under Pete Keogh's direction the surveys were completed in-house, resulting in a revised proposal of $43,210 from Post, Buckley, Schuh & Jernigan with the Board signing off on the "Work Authorization" . .~ ... j; Realizing that Leisure Services did not have the funds ($200, 000) to pay for the architect, survey's and construotion cost, we approached the Board on April 7, 1998 requesting $80,000 from the Beach Acquisition Funds, received approval. With $280,000, we could reduce the scope and get started on the project. But looking a estimated cost of site work, permitting, turn lanes, utilities and a paved parking lot we realized that even $280,000 was not enough. · . ;, ., ~. '-" ...., During a meeting with the Recreation Advisory Committee, the Dollman plan was discussed in length including options of the phases. Under Larry Jennings (chairman) the Recreation Advisory Committee recommended that Leisure Services request from the Board the remainder of the Beach Acquisition Funds for Dollman Beach Park. With the additional $100,000 from this request brings the funding total of this project to $464,400.00. Project is estimated to take 270 days after the "Notice to Proceed". Funding Sources: FRDAP grant Utility Franchise Fee Beach Acquisition Funds $100,000 $84,400 $280.000 $464,400 Cost: Architect (actual) $43,210 Construction (estimated) $253,400 Turn lane off AlA (estimated) $80,000 Permitting (estimated) $12,000 Utility Connection (estimated) $8.000 $396,610 Misc. $67.790 $464,400 Staff recommends the Board of County Commissioners grant approval for the use of an additional $100,000.00 from #305 Beach ; Acquisition for the Dollman Beach Park Project. Bring the amount use from this funding source to $280,000. 'J; CC: Doug Anderson, County Administrator Robert Bradshaw, Assistant County Administrator Harvey Lincoln, Office of Management and Budget Charlie Bicht, Purchasing Linda Brown, Assistant to Lis Director ... · f " '-" ...", AGENDA REQUEST ITEM NO. C - SB DATE: 12/07/99 CONSENT (X] REGULAR (] PUBLIC HEARING (] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Leisure Services Michael Leeds Department Head SUBJECT: Recreation Design & Construction, Inc. - Contract BACKGROUND: On May 11, 1999, the Board of County Commissioners approved to piggyback off the Broward County Bid to complete the UFF Beach proj ects . On September 10, 1999, at a Capital Project workshop the BOCC elected to consolidate the beach funds to provide a greater scope of work at fewer parks. These Parks include Pepper Park, Frederick Douglass, Walton Rocks, Ocean Bay and Dollman. North Causeway Island has been included to this list of parks because of the similarity of the work to be performed. (Memo) FUNDS AVAIL.: See Attached Memo. PREVIOUS ACTION: Piggyback approval on May 11, 1999 and Capital Workshop on September la, 1999. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the contract with Recreational Design & Construction, Inc. and authorize the Chairman to sign the contract. (X ] ( ] APPROVED OTHER: DENIED COMMISSION ACTION: . Coordination/Sianatures County Attorney: M. Originating Dept: Mgt . Budget,~ Purchasing: Other: Other: Finance: (copies only): BPP. 11/4/93 ~ ...., DEPARTMENT OF LEISURE SERVICES MEMORANDUM FROM: Board of County Commissioners Mike Leeds, Leisure Services Director ~~~ Don McLam" Projects Manage~' ~ TO: THROUGH: DATE: November 23, 1999 SUBJECT: Recreation Design & Construction - Beach Projects *********************************************************************** Recreation Design & Construction, Inc. has been chosen through a piggy back from Broward County to complete the 2nd year UFF Beach Projects. The Beach Projects consisted of thirteen park location ranging in project amount from $5,000 to $84,400. A Leisure Services capital workshop was held on September 10,1999 with the Board of County Commissioners. At this workshop material was presented outlining a "Scope of Work" and cost for all thirteen parks. The cost of all thirteen exceeded our budgeted amount so five options were presented to the Board. The Board elected to consolidate the beach funds to provide a greater scope of work to fewer parks. Those parks chosen were Pepper Park, Frederick Douglass, Walton Rocks, Dollman Beach Park and Ocean Bay. Pepper Park - To continue the improvements already made we will replace the three southern dune crossover and roof all existing structures on the beach side. To match the new pavilion (blue metal roof). Under account number 316.7240. (**). 7621 and 316.7240.546100.700. Frederick Douglass - Restroom is underway from ADA funds so to continue improvements the large pavilion will be repaired, life guard tower roofed and new pavilions will replace the existing ones. Under account number 316.7240.563000/599330.7645. Walton Rocks Roof the existing restrooms along with basic repairs, replace the three crossovers, remove existing picnic tables and replace with two pavilions. Under account number 316.7420. (**) .7641. '-' ...,./ Ocean Bay - The II Management Plan" requires basic development, parking lot, entrance, dune crossover and trail. Under account number 316.7240.563000.7646 & 382.3920.563000.7646. Dol~ Beach Park - New park, in-part funded through a grant from Florida Recreation Development Assistance Program. To include restroom, dune crossover, parking, entrance pavilion, etc. Under account number 001232.7240.563000.7958, 305.7240.563000/563004.7958 & 316.7240.563000.7958. Leisure Services is requesting that North Causeway Island be included in the contract with Recreation Design & Construction, Inc. The work to be done is roofing the pavilions & restroom, along with building a boat stacking dock easterly of the ramp. Recreation, Design & Construction will already be working on permits and design for the dune crossovers at Dollman, Ocean Bay, Walton Rocks and Pepper Park, along with roofing structures at Pepper Park, Frederick Douglass and Walton Rocks. Including North Causeway Island into the beach projects due to the similarity of work will save us time, effort and possibly funds. Under account number 001229.7240.563000.7957 & 316.7240. (**) .7623 Funding sources have been identified for all of the above projects. Funding sources include, Florida Recreation Development Assistant grant, Florida Boating Improvements Program grant, Beach Acquisition Funds, Utility Franchise Fee, Environmentally Sensitive Lands fund. (**) Indicates multiple accounts CC: Doug Anderson, County Administrator Robert Bradshaw, Assistant County Administrator Harvey Lincoln, Office of Management and Budget Charlie Bicht, Purchasing Linda Brown, Assistant to L/S Director ; '"). - ~ ~, ) ( '-' ..., -~-... CONTRACT TRIS CONTRACT I made this day of 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and RECREATIONAL DESIGN & CONSTRUCTION, INC. a Florida Corporation, or his, its or their successors, exe~~tors, administrators, and assigns hereinafter called the "CONTR.~C':'8R" in conjunction with a..'"l Agreement between BROWARD COUNTY anc RECREATIONAL DESIGN & CONSTRUCTION, INC. , for Design/Build 5e~Tices for Accessability Compliance and Miscellaneous Small proj eç::s at Various Park S~::es (the "Broward Cou-'":ty r _ Agreement") . WITNESSETH: ... WHEREAS, p~rsuant to due procedures of law, bids were received by the Browar¿ County Board of County Commissioners for t~e performance 01: work and supplying ma::erials, etc., as descri::'ed below; and "~ WHEREAS, ::~e Broward County Board of County Commissioners considered t~e bids, and determined that the bid of the Contractor was the best and most desirable bid submitted, and awarded the a contract to ~e Contractor; and ;, WHEREAS, to the St. Lucie County ?urchasing Policy, the County is authorized. to purchase services from ::he Contractor under the same terms and cc~ditions as the Broward County Agreement, . NOW THEREFORE in consideration of the mutup,-l covenants and obligations set forth below, the County and the Contractor agree to be bound by the terms and provisions of the Broward County Agreement, which is attached hereto and made a part hereof except as modified by the attached addendum. -~- ,,"!) .. .. , _-=r- -... ~ ~ IN WITNESS WHEREOF, the County has he~eunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: CLERK " - ATTEST: ~\^c^ SECRETARY ." .- ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CEAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -' Print Name '5ï(,()t.rJ L ~~ e£O .. " ... -2- ,', .' '-' .."" --.. -- ADDENDUM 1. General Modifications to the Broward County Agreement 1.1 In the event of a conflict between the terms and provisions of the Broward County Agreement and this Addendum, the terms and provisions of the Addendum shall govern. 1.2 All references in the Broward C:)unty Agreement to "Broward County" , the "County" I the "County Commission" or any similar reference to 3roward County shall be read to mean "St. Lucie County", the "County, or the "County Commissio:::", as the reference dicta::es or unless tb.e context clearly indica::es -=hat existing references remain unchanged. 1.3 Those terms and provisions of ::he 3roward County Agreement required because of existing Broward Co~~ty ordinances are deleted as more specifically set forth in Section 2 below. r _ 2. Specif~c modifications to the Broward County Agreement The following terms a~d provisions of the Broward Co~~cy Agreement are modified as follows: '"' Seccion 2.4 is deleted and the :ollowi:::g language is substituted: CO~'S CONTRACT ADMINIS~TOR: ~he Leisure Services Director or designee. -' Section 2.12 is deleted. .. ~ Section 2.16 is deleted and the followi:::g ~anguage is substituted: PROJEC':': Design/Build Services :JY ?:RM as set forth in the attached Scope of Work. Section 2.18 is deleted. Section 2.19 is deleted. .. Section 2.26 is deleted in its entirety and the following language is substituted: -1- , . .. o' "'" .."", _--=-_ WORK AUTHORIZATION: Means the work authorized by this Agreement as set forth in the attached Scope of Work. Section 3.2 is deleted. Section 3.4 shall remain unchanged, the provision of Paragraph 1.2 of this Addendum notwithstanding. Section 3.5 is deleted and the followi~g is substituted: Negotiaciorrs pertaining to the se=vices to be performed by ~he FIRM were ~~der~aken by the FIRM and d~ly au~horized COUNTY sta==. Add a new S~ctic~ 5.6 which reads: This A=~ic2..e shall be suppleme~~~d by a separate attachment entitled "Scope of Work". Sections 6.:, 6.2 and 6.3 are deleted. ~' - Section 6.4, first sentence, is amended to read: The Proj ec~ shall be substantia.:ly completed by FIRM as set: forth in the "Scope of Work" 'described in Section 5.6, above. w Section 6.4 is amended to delete the ;arenthetical phrase "(Apply to each increment)". Section 7.1 is amended to delete the and miscel:anecus small projects substitute ~he words "the Project". ·.oIcrds "accessibility complia...'1.ce __ various park sites" and ~ ~ " Section 8.1 is amended to delete the ~crds "for each segment of ~he Work" in the fourth line. Section 8.:.: is deleted and the fol:owirrg language is substitu~ed: The maximum not to exceed sum to :::'e paid by COUNTY to FIRM l::lder this Agreement is one million eighteen t~ousand one hundred t~rty and nO/lOO dollars ($1,018,130.00) as =u..~her described in the "Scope of Work". It is understood that FIRM shall perf0rtI\. all services set forth in t:ris Agreement for no more than the total compensa::ion amount set for--h in this Section, except as allowed under Art~le 9 of this Agreement. -2- .'.., . . . '-'" "'-" -S.e.ction 12_1 is amended to replace the word "each" with the word "the" in the first sentence. Article 41 is deleted in its entirety. Section 42.1.2 is deleted and the following language substituted: The Bonds shall be in the amount of the maximum price set forth in Section 8.1.1 guaranteeing to CO~ the completion and performance of t~e work authorized under t~e Work Authorization as well as ful.2. payment of all suppliers, ma:terialmen, laborers, or subcontractors e~loyed pursuant to this Project. Such Bonds shall. be with a sure~y company which is quali:ied ?ursuant to Section 42.3, Oualificatic~s of Surety. The Bonds shall be maintained as acceptable ~~rough the duration of this Agreement. Section 42.5.: is amended to state that ~he :imits of liability ~~der this section sha2.1 be $1,000,000. r _ Sec~ion 42.5.3 is amended to scate that ~he _~m~cs of liability ~~der this sectior. sha:l be $2,000,000. Seccion 42.5.~ is amended to state thac ~he :imits of liability ~~der this section sha:l be $1,000,000 ,., Seccion 42.5.5 is deleted. Seccion 43.5 is deleted. -' Section 43.8.2 is deleted. Section 43.:2 is amended to read: ~ " FOR Th"'E CQ'CNTY: St. Lucie County Administrator 2300 Virgi~ia Avenue Fort Pierce, Florida 34982 WITH A COpv TO: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Leisure Services Director 2300 Virginia Avenue Fort Pierce, Florida 34982 C: \JWL\AGREE\REC.ífPD -3- " -~"t: "'I "'I ..s:. ñ' ~ ~ (") en ¡¡j ~ "'I ~. ~ -::I -0 cr- ~ Õ - c ~ "'I X ::I (") ""g ~ !:.. - -. :-¡ ª ~ c :: - en~ ... ("Ó r.: ~ ::n '-:; r.: :: < - r.: en en C" (1) ?5 ;:::'1 :; cr:" ~ ==- ~ :: ~ r: '"' ~ ~. r.: - en 0: '"'" r. ~:r. - r-: ~ = ,... r. '"'" C" '-'E.. r-: ~ 'J: r. !:.. r. r. ~ :r. r. g :r. - '"'" r; '"'" * - v.: r. ('; r. v.: ~ ...¿ > - - >J :: ,.:- en n cr: ~ ~ ~ cr: ~ r. < ,.... (': " ;2 ~ ,.: .- -.. =. ,... :=:~ =:.. - en ,.. . - "'0 C) "'I "" z ct :2 "g M -. ~ r. :n r. ('; r. I:' £. - - ~ ::I ::: t:::' ~ ::I ~ - * oz ,.. ~ (i) ~ '-:; 0= :: * cn ~ = _ ac < ~ c - :2 - - ró :n - g - '-' .... 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(") "" - v o ,.. liE := ::n CoO - '^' r:: -::; ¡:; (i) ~ '"'" ( 'Q r:n::O:;:::l a =- ~ ~ ,.. ct I '-:; -õ - c ;- ~ 0 n ~ en ~ (1) ;;;. I...J ~ :- ~ ( 'Q en ñi s: c - ~ .....- to:! _ ...-.. en ""lac w æ eo ,- õ..Õ~o :. ~ - :: ,...ø (þ ~ = o ""I 25 (1) _en_n g N d ~ ;-V'lCJ) en ...., 2 ~ en o;:s _ < - (1) ~ -. _ '< cn o .... ~ C\ .- ~-- C\ 00 .:::.. g :::2 -- !:.. = '< en <, '"I:: o 'ö 'ö ~ ""I '"I:: $:I) ""I "" ~ N C 00 V't N .- -- .- '-' 00 o 0.. $:I) '< en l" o (") ~ - õ' ::I I >- a o § ... z Or..... =. - ~ ~ - ct - ,.. - 0':-0 -: "": a (") o o c.. ~~ - - ~'< cn (E ~ <: :: * - -' ó :;:;:: 3 '7 ~ ~ ($ g"::g n("Ó~ o g ~ ::I :. '< -;õ ....,r.: := 2 ... .... ~ ~ (;" Is - ¡... I~ ~ I- I- 1* -' ~ " > '-' AGENDA REQUEST~ ITEM NO. C5C DATE: December 7, 1.999 REGULAR [ PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds Director, Leisure Services SUBMITTED BY: Leisure Services SUBJECT: Request approval of the expenditure of monies (not to exceed $5,000) to improve the existing roadway into St. Lucie Pinelands, utilizing millings. BACKGROUND: St. Lucie County has an easement into St. Lucie Pinelands. As part of the easement, St. Lucie County is responsible for one-third (1/3) of the costs of maintaining this easement. Vero Producers, Inc. would like the County to reimburse them for the surfacing of one and one-quarter (1 1/4) miles of the roadway with millings, at a projected cost of $15,000. The County's share would be approximately $5,000. (See attached memo) FUNDS AVAIL. $8,800 has been set aside by the BOCC for certain improvements for the Pinelands through the ESL bond issue in account 382-3920-599330-300. If approved, funds will be made available in 382-3920-563000-3107. PREVIOUS ACTION: On September 16, 1999 the Board of County Commissioners approved $8,800 for specific initial improvements for St. Lucie Pinelands from the ESL bond monies. Recommendation: Approve the expenditure of funds for the surfacing of the St. Lucie Pinelands roadway. [X ] [ ] APPROVED OTHER: [ ] DENIED as M. Anderson, ty Administrator COMMISSION ACTION: Pulled for separate vote Approved 4-1 (Hutchinson) COunty Atto,""y, ~ originating Dep~L Review and Approvals Mgt. & Budget: Other: 6L Purchasing : Other: Finance: (Check for copy only, if applicable) ,MEMO ~ ....., TO: Board of County Commissioners FROM: Mike Leeds, Director of Leisure Services DATE: November 29, 1999 SUBJECT: St. Lucie Pinelands Road Improvements Backaround: In October 1998, St. Lucie County acquired the St. Lucie Pinelands, a tract of land located approximately fifteen (15) miles west of Ft. Pierce. Access to the site is obtained through an easement from Okeechobee Road. This easement is approximately 2 1/3 miles in length. A stipulation of the easement is that the County is required to contribute one-third (1/3) of the cost of maintaining the easement. 1 1/3 miles of the road was "improved" through the use of cement wash. The remaining mile is a dirt road that is graded occasionally by the adjoining landowner. Vero Producers, Inc. has recently improved the road utilizing asphalt millings, and desires that the County contribute one third of the cost of the project, not to exceed $5,000. The County Attorney has determined that the road improvements do not fit the criteria of "maintenance" as defined in the easement, but the improvements that were performed will benefit the County. The BOCC approved several improvements at the Pinelands, including (5) miles of fencing, (150) acre control burn, removal of exotics, culverts, boundary signs, septic tank and well. These improvements were estimated to be approximately $8,800. Due to the inability to acquire all parcels within the project, several improvements will no longer be necessary due to the limited size of the project, ie. septic tank and well ($3,000) and 4 out of the 5 miles of fencing ($2,000). These cost reductions may be applied to the surfacing of the easement. Recommendation: Staff recommends the Board approve the reallocation of funds. Respectfully submitted, /)U~ Mike Leeds Director of Leisure Services ~ ,.., AGENDA REQUEST ITEM NO. ~ DATE 12/07/99 REGULAR [ PUBLIC HEARING CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Administration Douqlas M. Anderson SUBJECT: Treasure Coast Regional Planning Council BACKGROUND: At the November City Commission meeting of the City of Fort Pierce, Florida, a motion was passed to nominate Commissioner Robert Benton to serve on the Treasure Coast Regional Planning Council for the upcoming year. Mayor Edward Enns was nonimated to serve as alternate. Mayor James Fielding of the City of Port St. Lucie sent a letter dated October 20, 1999 requesting that he wishes to serve again for the upcoming year, and that Vice Mayor James Anderson would serve as alternate. This request has been scheduled to ratify the appointments of the City of Fort pierce and the City of Port St. Lucie to the Treasure Coast Regional Planning Council. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board ratify the appointments of Commissioner Robert Benton and Mayor Edward Enns (Alternate) of the City of Fort Pierce, and the appointments of Mayor James Fielding and Vice Mayor James Anderson (Alternate) of the City of Port St. Lucie, to serve on the Treasure Coast Regional Planning Council. [ X ] [ ] APPROVED OTHER: DENIED -'"'- ~ as M. Anderson ty Administrator COMMISSION ACTION: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ _ NOIJ-30-1999 12:36 1(, TCRpe 5612214067 P.02 '-'" ~ CITY OF PORT ST. LUCIE . . . . . . . . . . . . . . ....'.. A CITY FOR ALL AGES REceiVED OCT 22 f999 James F. Fielding, Mayor October 20, 1999 'J1~e:A$üRi èO"~T REGIONAl. f'I,ANI\IING COUNCIL The Honorable Paula A Lewis Chairwoman 5t Lucie County Board of County Commissioners 2300 Vlfginia Avenue Fort Pierce, F\ 34982 RE: Annual Appointment of Council Members Dear ChaiMOman LevllÏs: In accordance with the Treasure Coast Regional Planning Council's Rules of Organization, the December meeting is designated as the Annual Meeting, at \l\lhich time the appointment of an members and alternates \$ to occur. Please be assured that I would most honored to serve again on this counci\ and that Vice Mayor James Anderson serves in the capacity of alternate. Thank you for your consideration. Sincerely, /£þ' James F. Fielding, Mayor Jff/mm I cc: M.J, Bu$tla, TCRPC 121 S.W, Port 51. Lucie Boulevard . Port 8t, Lucie, FL 34984-5099 .. 561/871-5225 .. 5611878·0097 TOTAL P. 02 ...., J '/' '" . ~ '-" ~ IrY ~f ~RT pnR~~ toriJa November 3, 1999 M ¡OFFICE OF CITY CLERK CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 1 \COÆ1 i.U FORT PIERCE, FLORIDA 34954-1480 ~ \'1 ~ i TEL, (561) 460-2200 \~ I \0 t" The Honorable Paula A. Chairman St. Lucie County Board 2300 Virginia Avenue Fort Pierce, FL 34982 Subject: Appointme t Lewis .--- of County Commissioners -------- - --- Dear Chairman Lew's: Treasure Coast Regional Planning Counci At their meeting on ovember 1, 1999, the~l lssion of the City of Fort Pierce, F ., cì""ã:'--ïñôtion to nominate Mayor Edward G. Enns and Commissioner Robert J. Benton to serve on the Treasure Coast Regional Planning Council for the upcoming year. ~(\ (\<j" ~ (1/' ,,- \b~ Dv' Very truly yours, ~~~ç~ Cassandra Steele, CMC City Clerk CS: kw Enclosure rw r~ © ~. a \ìf'&ir:~l ¡ln1. NOV 4 1999 ,I)¡ /Ü ÜL .11); e.~.' ðó t6 IÚtnJ IIi sk.hm rrœ;- Œ © U w q~l \ r ' ¡ 1\ I ",' n' NOV - 5 1999 I~ i\" L I II _ co, ADMIN, OFFICE , , \ ~ '-' AGENDA REQUEST 'PfEM NO. C-7Pr DATE: December 7,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Platt's Creek Off-Site Mitigation ArealBecker Parcel DEP Agreeemnt No. SP543 Budget Amendment No. BAOO-104 BACKGROUND: See attached background memorandum. FUNDS AVAILABLE: Funds will be made available in 001-1210-561000-3112 and 001-1210-561002-3112 PREVIOUS ACTION: On October 26, 1999, the BOCC authorized staffto use General Fund Reserves for the purchase ofthe Platt's Creek Off-Site Mitigation ArealBecker Parcel ifthe DEP funding was not released in time for the closing. On August 10, 1999, the BOCC approved the Option Agreement, authorized the Chairman to execute and directed staff to close the transaction. On January 12, 1999, the BOCC directed staff to secure an Option to purchase the Platt's Creek Regional Off-site Mitigation Area site. On September 22,1998, the BOCC approved a work authorization for Hazen and Sawyer to prepare and present plans for the Platt's Creek Restoration and Stormwater Improvement Project to the S1. Lucie River Issue Team. On August 11, 1998, the BOCC directed staff to seek an alternative funding source. On July 14, 1998, the BOCC approved the Conceptual Mitigation Plan and authorized the expenditure of $2,000,000 from the ESL fund for the project. RECOMMEND A TION: Staff recommends that the Board approve DEP Agreement No.SP543 and authorized the Chairman to execute the Agreement and also authorize staff to use General Fund Contingency for closing cost expenditures and approve Budget Amendment No. BAOO-104. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: [X] County Attorney: :ft. .R-- Review and ~prov~ ~ [X]Management & Budget: ~(Ií' [X]Eng'~I. [X] Public Works: ~ [X]Co~.Devellop:~VV\ if 'PPliC"~ Effective 5/96 [X]Originating Dept: [X] Finance: (check for copy only, '-' """" . PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: December 7,1999 SUBJECT: Platt's Creek Off-Site Mitigation Area/Becker Parcel DEP Agreement No. SP543 Budget Amendment No. BAOO-1 04 BACKGROUND: On July 27th the St. Lucie River Issues Team allocated $1 Million Dollars for the purchase of land (Becker Parcel) to create the Platt's Creek Off-Site Mitigation Area. The Department of Environmental Protection ("DEP") is administering the funds for this project. Attached, for your review and approval, is DEP Agreement No. SP543 which will allocate the funding referenced above. The purchase price for the Platt's Creek Off-Site Mitigation Site/Becker Parcel is One Million Seventy Thousand and no/100 Dollars ($1,070,000.00) The BOCC has approved the allocation of the $70,000 matching funds trom General Fund/Contingency and staff is requesting that the closing costs associated with the purchase, approximately $14,000.00, also be allocated trom the General Fund Contingency. RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve DEP Agreement No. SP543 and authorized the Chainnan to execute the Agreement and also authorize staff to use General Fund Contingency for closing cost expenditures and approve Budget Amendment No. BAOO-104. Respectfully submitted: ~~(2/ Donald G. Cole Property Acquisition Manager CC: County Administrator County Attorney Community Development Director Management and Budget Manager · , '-' -.J ~ DEP AGREEMENT NO. SP543 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1220A OF THE 1999 - 2000 APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and ST. LUCIE COUNTY, FLORIDA, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 (hereinafter referred to as the "Grantee"), a governmental entity, for the acquisition of the property known as Platts Creek for development of a restoration and stormwater management area. In consideration of the mutual benefits to be derived here from, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform all services in accordance with the terms and conditions set forth in this Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreerr~.::nt, the terms "Contract" and "Agreement" and the terms "Grantee" and "Contractor" are used interchangeably 2. This Agreement shall begin upon execution by both parties and end no later than twelve (12) months from the date of execution, inclusive, In accordance with Section 287.058(2), Florida Statutes, the Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3, As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $1,000,000 toward the total project cost estimate of $1,070,000. The parties hereto agree that the Grantee is responsible for providing the additional $70,000 in funding needed to complete the project described in Attachment A. The Grantee shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements, attached hereto and made a part hereof as Attachment B. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Travel expenses are not authorized under the terms of this Agreement. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 5. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. If advance payment is authorized, the Grantee shall report (and document as required by Attachment B) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 19). Quarterly reports shall be submitted to the Department's Project Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. 6. Pursuant to Section 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. DEP Agreement No. SP543, Page 1 of 5 '-" ..""" Days are calculated from the latter date the invoice is received or services received, inspected, and approved, Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a grantee for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/410-9724 or 1-800-848-3792. 7. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Grantee, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services, Interest payments of less than $1 will not be enforced unless a grantee requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the tenn of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. 8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 9. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason( s) for termination. 10. This Agreement may be unilaterally canceled by the Dcpartment for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. 11. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the tenn of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 12. In addition to the provisions contained in paragraph II above, the Grantee shall comply with the applicable provisions contained in Attachment C. A revised copy of Attachment C, Exhibit-I, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-I shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C. If the Grantee fails to receive a revised copy of Attachment C, Exhibit-I, the Grantee shall notify the Department's Contracts Administrator at 850/922- 5942 to request a copy of the updated infonnation. 13. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Project Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. DEP Agreement No. SP543, Page 2 of 5 '-' ,..., 14, In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 15, A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F,S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 16. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 17. The Department's Project Manager for this Agreement is identified below. John Moulton Florida Department of Environmental Protection Southeast District Office P.O. Box 15425 West Palm Beach, Florida 33416 Phone: 561/681-6774 Fax: 561/681-6755 18. The Grantee's Project Manager for this Agreement is identified below. Yvonne McCall Acquisition Division St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Phone: 561/462-2825 Fax: 561/462-1440 19. In accordance with Section 216.181(15)(b), Florida Statutes the Department, upon written request from the Grantee and written approval from the Comptroller, may provide an advance to the Grantee. The Grantee may temporarily invest the advanced funds, provided that any interest income shall either be returned to the Department, within thirty (30) days of each calendar quarter or be applied against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same time frame that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State Comptroller may identify additional requirements which must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Comptroller, the Grantee shall be notified, in writing, by the Department's Project Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Project Manager of the Grantee's acceptance of the terms imposed by the State Comptroller for release of the funds. DEP Agreement No. SP543, Page 3 of 5 '-' .",., 20, To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 21, The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 23. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the tenns of this Agreement. 24. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 25. The employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 26. As funding under this Agreement is to be applied towards the purchase of real property, easements, legal rights-of-ways, etc., it is understood and agreed that the Grantee shall ensure that such purchases are completed in accordance with sound real estate practices, applicable law and in a manner minimizing costs and risks to the State. The Grantee shall take title to all potential real estate purchases made in conjunction with this Agreement. The Grantee shall furnish to ,the Department evidence of all real estate transactions by submitting copies of the appraisal, review appraisal, survey, title insurance, environmental audit, the contract/sale agreement, and other applicable documentation, as appropriate, for each transaction. 27. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP Agreement No. SP543, Page 4 of 5 · 'I ,J '-' ...." IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title*: By: Secretary or designee Date: Date: FEID No.: 59-6000835 -Ill Attest: Deputy Clerk ~0 ª, ' , ~~~e. DEP on acts Administrator Approved as to form: Approved as to form and legality: County Attorney J1~~;- ~ \JV'..- *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment Attachment Attachment A B C Scope of Services (1 Page) Comptroller Contract Payment Requirements (1 Page) Special Audit Requirements (10 Pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SPS43, Page S of S '-" ~ ATTACHMENT A SCOPE OF SERVICES ST. LUCIE COUNTY ACQUISITION OF PLATTS CREEK SCOPE OF SERVICES St. Lucie County shall acquire a 100-acre (+/-) parcel along the North Fork of St. Lucie River known as Platt's Creek, which is currently a producing grapefruit grove for development into a restoration and stormwater management area. St. Lucie County has negotiated an Option on the referenced site with the property owner. The negotiated cost of the property is $1,070,000. DELIVERABLES St. Lucie County will provide a copy of the deed, appraisal, appraisal review, survey, environmental audit, title policy, seller's closing statement and any other pertinent documents related to the acquisition of the property, to the Department no later than thirty (30) days following closing of the property. Title to the property shall vest with St. Lucie County. The parties hereto agree that St. Lucie County is responsible for providing the additional $70,000 funding needed to complete the purchase. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SP543, Attachment A, Page 1 of 1 '-" ...." A TT ACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be sho~. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are tenninated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. DEP Agreement No. SP543, Attachment B, Page 1 of 1 . . . t . I' '-" ..., ATTACHMENT C Special Audit Requirements The administration of funds awarded by the Department of Environmental Protection to the recipient (which may be referred to as the "Contractor", "Grantee", or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-B3, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB CircularA-B3, as revised. I. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. The recipient is responsible for the procurement of an independent auditor to conduct the audit required by this part. The recipient is required to follow the auditor procurement standards specified in Section .305, OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-B3, as revised, will meet the requirements ofthis part. 2. In connection with the audit requirements addressed in paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities, financial statements, audit fmdings follow-up, and report submission as provided in Sections .300, .310, .315, and .320 of OMB Circular A-B3, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. DEP Agreement No. SP543, Attachment C, Page 1 of 10 .. . ,I 3. If not otherwise disclo~as required by Section .310 (b)(2) ~OMB Circular A-I33, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Department of Environmental Protection in effect during the audit period. 4. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised, the cost of the audit must be paid from non-Federal and non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal/State entities). PART II: STATE GRANTS AND AIDS 1. This part is applicable if the recipient is a local government or a non-profit or for profit organization as defined in Chapter 10.600, Rules ofthe Auditor General. 2. In the event that the recipient receives more than $25,000 in State grants and aids in its fiscal year, the recipient must have a limited scope audit conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates State grants and aids amounts awarded through the Department of Environmental Protection by this agreement. In detennining the grants and aids received in its fiscal year, the recipient shall consider aggregate grants and aids received directly from State agencies, including grants and aids funds received from the Department of Environmental Protection. The audit report must include an auditor's examination attestation report, management assertion report (alternatively, management's assertion may be included in the management representation letter), and a schedule of State financial assistance. EXHIBITS 2, 3, and 4 to this Attachment provide examples of these reports/schedule. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: · activities allowed or unallowed · allowable costs/cost principles · matching (if applicable) · reporting 3. In the event that the recipient receives State grants and aids totaling $25,000 or less in its fiscal year, the head of the recipient entity or organization must provide a written attestation, under penalty of perjury, that the recipient has complied with the allowable cost provisions (or other applicable provisions) of the State grants and aids contract. EXHIBIT 5 to this Attachment provides an example attestation document that should be used by the agency head to attest to compliance with grants and aids provisions. DEP Agreement No. SPS43, Attachment C, Page 2 of 10 PART III: OTHERAUD~REQUIREMENTS ..., (This part is reserved to specify any additional audit requirements imposed, if applicable, by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, or when required by number 2 below, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: John Moulton Florida Department of Environmental Protection Southeast District Office P.O. Box 15425 West Palm Beach, Florida 33416 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. D. The State of Florida Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 DEP Agreement No. SP543, Attachment C, Page 3 of 10 ., .,' , t 2. pursuant to Section .32~f), OMB Circular A-133, as revised,~e recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to each ofthe following: John Moulton Florida Department of Environmental Protection Southeast District Office P.O. Box 15425 West Palm Beach, Florida 33416 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 3. Copies of reports required by PART II of this Attachment, and management letters prepared in conducting audits related to State grants and aids audits required by PART II of this Attachment, shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: John Moulton Florida Department of Environmental Protection Southeast District Office P.O. Box 15425 West Palm Beach, Florida 33416 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Office of the Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 DEP Agreement No. SP543, Attachment C, Page 4 of 10 " ' 4. Copies of reports or m~gement letters required by PART II~f this Attachment shall be submitted by or on behalf of the recipient directly to: A. The Department of Environmental Protection at each ofthe following addresses: John Moulton Florida Department of Environmental Protection Southeast District Office P.O. Box 15425 West Palm Beach, Florida 33416 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. Any reports, management letters, attestations, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted within 180 days of the recipient's fiscal year end (or as otherwise allowed by Florida Statutes) or within 30 days of the recipient's receipt of the audit report, whichever occurs first. Other submissions should be timely in accordance with OMB Circular A-133 and/or Florida Statutes, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, should indicate the date that the recipient received the audit report in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, upon request for a period of 3years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP Agreement No. SP543, Attachment C, Page 5 of 10 . . ¡J:¡ ::8 ° "'" - --- ,-... '" --- o o ~ ::: .g u CI) tn >. J:¡ '" CI) ... .:; C" CI) ... --- ..... 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EXHIBIT - 2 INDEPENDENT AUDITOR'S REPORT ON EXAMINA TION OF MANAGEMENT'S ASSERTION ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS (SAS Codification Section AT 500.55) [Date] Dear [Name]: We have examined management's assertionl about [name of entity]'s compliance with the allowable cost requirements [or other applicable requirements] established in the grant agreement(s) applicable to the State grants and aids appropriations identified on Schedule of State Financial Assistance for the year ended [indicate the applicable fiscal year] included in the accompanying [title of management reportV Management is responsible for [name of entity]'s compliance with those requirements. Our responsibility is to express an opinion on management's assertion about the [name of entity]'s compliance based on our examination. Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of entity]'s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of entity]'s compliance with specified requirements. In our opinion, management's assertion (identify management's assertion - for example, that complied with the aforementioned requirements during the fiscal year ended ] is fairly stated, in all material respects.34 Sincerely, Notes: 1. If the entity does not present its assertion in a separate report accompanying the practitioner's report, refer to SAS Codification Sections AT 500.56 and .57. 2. The practitioner should identify the management assertion report examined by reference to the report title used by management in its report. Further, he or she should use the same description of the compliance requirements as management uses in its report. 3. The specific compliance requirements, and related criteria (if applicable), will be specified and/or referred to in the grant agreement. As such, it should not be necessary to repeat the compliance requirements, and related criteria (if applicable) in the practitioner's report. 4. Instances of noncompliance should be reported in the manner prescribed in SAS Codification Sections AT 500.61 through .68. DEP Agreement No. SP543, Attachment C, Page 7 of 10 .,' ., '-" ~ EXHIBIT - 3 MANAGEMENT ASSERTION REPORT I, , hereby assert that, (head of recipient entity) (recipient entity name) complied with allowable cost requirements [or other applicable requirements] of the grants and aids appropriations identified on the attached Schedule of State Financial Assistance during the fiscal year ended (month, day, year) (signature) (title) (date) If this assertion report is used, one copy shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Agreement No. SP543, Attachment C, Page 8 of 10 .. - '-' -...JJI EXHIBIT - 4 Sample Organization Schedule of State Financial Assistance For the year ended 9/30/97 State Federal Federal State Agency Contract! CFDA Through And Grant Number State State Total Program Title Number Note A Receipts Receipts Receipts Department of Health Head Start GH501 93.600 50,000 (1) 50,000 (1) 100,000 Women, AB101 93.245 100,000 (1) 150,000 250,000 Infant & Children Department of Elder Affairs Community GC501 Not 200,000 (1) 0 200,000 Care for the Applicable Elderly Community GC601 93.003 0 150,000 (1) 150,000 Care for the Elderly Elder Care GC777 93.666 60,000 60,000 120,000 Total 410,000 410,000 (2) 820,000 (1) State Grants and Aids Appropriations moneys. The grand total of State Grants and Aids Appropriations moneys is $550,000. (2) $390,000 of this amount is included in the expenditures presented in the Schedule of Expenditures of Federal Awards. The remaining $20,000 was received under contract number GC601 but was not expended. NOTE A: Federal CFDA numbers apply only to Federal programs. CAUTION: The purpose of this schedule is format illustration only. The contract or grant numbers, CFDA numbers and program titles are not intended to represent actual data. DEP Agreement No. SP543, Attachment C, Page 9 of 10 ".' ,,' I '-' 'wJI EXHIBIT - 5 MANAGEMENT ATTEST A TION STATEMENT CONTRACT/GRANT NUMBER(S) I, , hereby attest, under penalties of perjury, that, (head of recipient entity) complied with allowable cost requirements [or (recipient entity name) other applicable requirements] of the grants and aids appropriations contracts/grants identified above during the fiscal year ended (month, day, year) (signature) ( title) ( date) One copy of this attestation statement shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Agreement No. SP543, Attachment C, Page 10 of 10 . . '-" ...., BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Administration/County Attorney PREPARED DATE: 11/29/99 AGENDA DATE: 12/07/99 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-1210-561000-3112 Land $78,000 001-1210-561002-3112 Land-Abstract & Title $6 000 FROM: 001-9910-599100-800 Continaencv $84,000 REASON FOR BUDGET AMENDMENT: To facilitate additional cost of land and closina costs for Platt's Creek Acauisition. BOCC initiallv aDDroved such costs to be covered from Continaencv on 8/10/99 Aaenda Item C4. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 00-104 DOCUMENT # & INPUT BY: .. '-' AGENDA REQUEST IT~NO. C-7B DATE: December 7, 1999 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No. 99-283 - Confirming Termination of State of Florida Department of Transportation Public Transportation Joint Participation Agreement (WPI No. 4829286) for Land Acquisition at the St. Lucie County International Airport BACKGROUND: See attached memorandum CA 99-1641 FUNDS AVAILABLE: N/A PREVIOUS BOARD ACTION: On July 6, 1999, the Board of County Commissioners approved the termination of the State of Florida Department of Transportation Public Transportation Joint Participation Agreement (WPI No. 4829286) for land acquisition at the St. Lucie County International Airport. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 99-283. [X] APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: YCounty Attorney: }Jv "\ t Review and Approvals Management & Budget: Purchasing: ,xoriginating Dept. A/íA Other: Other: Finance: (Check for Copy only, if applicable): _ .,. '-" ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-1641 DATE: November 20, 1999 SUBJECT: Resolution No. 99-283 - Confirming Termination of State of Florida Department of Transportation Public Transportation Joint Participation Agreement (WPI No. 4829286) for Land Acquisition at the St. Lucie County International Airport BACKGROUND: On July 6, 1999, the Board of County Commissioners approved the termination of the Stae of Florida Department of Transportation Public Transportation Joint Participation Agreement (WPI No. 4829286) for land acquisition at the St. Lucie County InternationalAirport. FDOT has since requested that the Board confirm this action by resolution. A copy of proposed Resolution No. 99-283 which would fulfill this request is attached to this memorandum. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 99-283. Respectfully submitted, ~~ Heather You g Assistant County Attorney Attachment HY/ ... Copies to: ~ """" County Administrator Airport Director Finance Director Management and Budget Manager Contractors Coordinator Grant Coordinator Deputy Clerk ,. '-" ~ RESOLUTION NO. 99-283 A RESOLUTION CONFIRMING THE TERMINATION OF THE ST ATE OF FLORIDA DEP ARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (WPI NO. 4839286) FOR LAND ACQUISITION AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On May 12, 1998, the St. Lucie County Port and Airport Authority adopted Resolution No. 98-08 accepting the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for land acquisition at the St. Lucie County International Airport (WPI No. 4829286). 2. On July 6, 1999, this Board, as successor in interest to the St. Lucie County Port and Airport Authority, voted to terminate the above-referenced Joint Participation Agreement, and authorized the Chairman to execute the Joint Participation Agreement Termination. 3. The State of Florida Department of Transportation has requested that this Board further formalize the action taken on July 6, 1999 through the adoption of a resolution confirming such action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, St. Lucie County, Florida: The Board hereby confirms the action taken on July 6, 1999 to terminate the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for land acquisition at the St. Lucie County International Airport (WPI No. 4829286) and authorize then Chairman Paula A. Lewis to execute the Joint Participation Agreement Termination. After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn XX Vice-Chairman Frannie Hutchinson XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX Commissioner Paula A. Lewis XX PASSED AND DULY ADOPTED this XX day of XX, 1999. -1- ,. ATTEST: '-" .."", BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRl\1AN g:\atty\resoltn\1999\99-283,wpd APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -2- ~ AGENDA REQUEST ..., I TEM NO. C-7C DATE: December 7, 1999 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Petition for Abandonment of Pepper Lane Request permission to Advertise - Notice of Public Hearing BACKGROUND: Thomas C. Brown, President of the Bay Tree Homeowners Association has requested that the Board of County Commissioners consider their request to abandon Pepper Lane. Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon Pepper Lane as indicated on the attached map. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to Advertise the Notice of Public Hearing January 18, 2000, at 7:00 p.m., or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: Anderson Administrator [X ] [ ] APPROVED OTHER: DENIED Review and Approvals XX Coun'y mo=ey' ~.., xx Mlie Woek" ,t) XX oeigin.'ing Depe.,- . . XX Coun'y 'ngineee'~ Finance: (Check for Copy only, if applicable) Purchasing: Other: Eff. 5/96 .. Q) 'I! " C >: .. 0 -l " .. ~ -+-' .. C iii ill " .. E ::¡ :: C :; 0 II -a ..... c II (]) 0.. ro , , Ii¡ 0.. I ..0 , , (]) I , II , , 0.... I « , I (f) , , II , I ::J , , I I I I -a .- I I I I -a I I I , I ill I , ro , , I I , (f) , , I I , 0: , , I 0 . I . I I I I I I I 0.. . I I I I 0 \ I 0 . I I \ I 0 \ I I \ I ~ \ I \ \ , I 0- (Y) , \ \ , I , \ \ , I, , \ \ , , \ \ , \ , \ , , \ , , , , , , , , , , " , , , - ............... , " ---- ..' .. " '-' .- ....- --,- ......-...-... """';,.,,// ..... ..... ..... ..... --- ..... ..... ..... I I I I I I I I I I I I I I I I I .......~ DI -;: ~ 00 Gee __ \,\ e ~/- þ--\\00,.///-- /' ..... ..... --- --- --- ..... --- --- ..... " " .................. ,.......... "'............ .' --- ___ I ___ I --- I ..... , ..... I --- I --- , ....."'" , ..... --- --- ..... --- --- , , , ,...",,,, '... ...' , " ..., ....,. .' --- --- ..... --- --- ..... ..... ..... ..... ..... --- ..... I I I I , , I I I I I , I " I I I , I , I , I , , , I I I I I I I I I I Indian River ~z (J) +-- § l~i c (J) ~~~ E ~ ~ iH g- § ~ ~~} Q):¡::::; C\j ~. > C1J >- ~h Q) E ~ H! o 0 "C ~~.§ £'2 .~ ;H § () ~ ¡j~ E:C a. ê..: E Q. ~ Hi o ~ 2;8- Ü g> ~!i Q) !.J ð CJ ....~~ ,,'. ,t',.~,. f"~\'\. . "\, /b~.,~.z'iï:~' ¡lJii.; .~~ ;\li~ c~Q 'i~Å~i ~~í '·/ll¡'~S'-"·· /y" '~h ~"."'" "--..;-- ...~.. .. 'I. '-" ~ NOTICE OF PUBLIC HEARING JANUARY 18,2000 TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 177.101, as amended 336.09 and 336.10, Florida Statutes, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq., a public hearing will be held by the St. Lucie County Board of County Commissioners, in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, on January 18,2000, at 7:00 P.M. or as soon thereafter as practicable, on the petition of Thomas C. Brown, President of the Bay Tree Homeowners Association to abandon Pepper Lane as described below: THAT CERTAIN RIGHT-OF-WAY KNOWN AS PEPPER LANE AS RECORDED IN BAY TREE SUBDMSION AS RECORDED IN PLAT BOOK 32, PAGE 1 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. All interested parties may appear and be heard at the time and place above specified. Written comments received in advance of the Public Hearing will also be considered. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA JOHN D. BRUHN, CHAIRMAN PUBLISH DATE: January 6, 2000 .,. .. PROOF: BILL: COPIES TO: ~ ...., S1. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 (561) 462-1440 (fax) S1. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 County Administrator County Attorney County Engineer County Surveyor Public Works Director Road & Bridge Manager Utilities Director Community Development Director .... ""-" AGENDA REQUEST ITEM NO. C-8 DATE: December 7, 1999 CONSENT X REGULAR PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Communi tv Development/Tourism Division ~ QIRECTOR SUBJECT: R. J. Gibson Advertising Invoices BACKGROUND: R. J. Gibson, Inc. has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The invoices with all back up included in the amount of $10,616.49 for November represents cost for the following: $ 9,784.19 $ 595.00 $ 35.40 $ 201. 90 Media Placement Fees Expenses Ad Production Request approval for payment on the invoices for the month of November in the amount of $10,616.49. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. [X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Coordination/Siqnatures County Attorneya Manageaent , Budgeta Purchasing a originating Dept.. other. other. Finance. (Check for Copy only, if applicable)_______ roRNS\AØIIUQ f '-' ~ Board of County Commissioners Meeting December 7, 1999 UNAGENDAED ITEM -r ¡:J I/~b Rachel B. Jackson - Consider sriÍfrecommendation to authorize the County Administrator to negotiate ¿agreement with the owners of the Rachel B. Jackson Schooner for signature by the Chairman subject to the County Attorney's approval. ( 1fJ ¿i.__, r;~ Commission Action: [X ] Approved [ ] Denied [ ] Other Douglas M. Anderson County Administrator r / '-' """'" DATE: M EM 0 RA ND UM #99·246 BOARD OF COUNTY CO~~~S DOUGLAS M, ANDERSON¡)JbUNTY ADMINISTRATOR DECEMBER 6,1999 TO: FROM: ~ECT: SCHOONER RACHEL B. JACKSON Today I was contacted by Andrew Keblinsky, one of the partners of the Schooner Rachel B. Jackson. As you may recall, last year we had discussed with Mr. Keblinsky about bringing his schooner to Fort Pierce, but he decided that it was too late in the season to do so. Mr. Keblinsky is planning on arriving tomorrow morning at the County dock located on South Causeway Island at approximately 7:00 a.m. I have spoken with Dean Kubitschek of the Fort Pierce City Marina. At high tide the schooner is to be moved to the City Marina. Mr. Keblinsky and partners will be determining whether or not they wish to dock in Fort Pierce during the winter season. If they do decide to spend the winter here, we will negotiate an agreement with the vessel to be moored at the County owned dock. . / D '} , rJ \ G tJ The Rachel B. Jackson is a 67 foot gaff rigged top sail schooner. She was built in Maine in 1982 as an authentic replica of an 1890's coastal schooner. At one point, the Rachel B. Jackson was chartered by The National Geographic Society for marine research. It is my understanding that the owners plans will be to offer ~ day excursions catering to families. DMA:99-246 c: Robert Bradshaw, Assistant County Administrator Mike Leeds, Leisure Services Director Mike Durette, Interim Central Services Manager Dan McIntyre, County Attorney i ,..,. ....", .. Board of County Commissioners Meeting December 7, 1999 UNAGENDAED ITEMS /OJ&~ Rachel B. Jackson - Consider ~~~~~mmendation to authorize the County Administrator to negotiate an agreement with the owners of the Rachel B. Jackson Schooner for signature by the Chairman subject to the County Attorney's approval. Port St. Lucie High School Band - Consider the recommendation of Commissioner Barnes to match the $2,500 donation from the City of Port St. Lucie to help send the Port St. Lucie High School Band to Arizona. Funds will be used from the Contingency Fund. Commission Action: ,¿' [ X ] Approved [ ] Denied [ ] Other ~T. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS ...., John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 AGENDA December 7, 1999 Frannie Hutchinson Cliff Barnes District 4 District 5 1. MINUTES Approve the minutes of the meeting held November 23, 1999. 2. GENERAL PUBLIC COMMENT 3. MOSQUITO CONTROL Emergency Repairs to Impoundments / Hurricane Irene - Consider staff recommendation to continue emergency repairs, terminate the October 26, 1999 contract with Native Technologies, Inc., and approve the new emergency dike repair contract with Native Technologies, Inc., in an amount of $2,557,168.16, thereby waiving the Bid process in accordance with the Emergency Purchasing Procedures, and authorize the Chairman to execute the agreement. Consider staff recommendation to approve the submittal of an Application for Disaster Assistance Local Match Reduction or Waiver and Payment Deferral to the Governor's Office, and authorize the Chairman to execute the document, and to approve submittal of an application for an Indian River Lagoon License Plate grant to fund the exotic removal hazard mitigation portion of the project. CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No.9 and No. 10 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 an 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 (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. w ...., MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 23, 1999 Tape: 2 Convened: 9:20 p.m. Adjourned: 9:22 p.m. Commissioners Present: Chairman, Cliff Barnes, Paula A. Lewis, Frannie Hutchinson, John D. Bruhn, Doug Coward Others Present: Doug Anderson, County Administrator; Richard Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney, James David, Mosquito Control Director; Julia Shewchuk, Community Development Director; Bill Blazak ,Utilities Director, Ray Wazny, Public Works Director; Dennis Murphy, Asst. Community Development Director; Paul Phillips, Airport Director; Don West, County Engineer; Charlie Bicht, Purchasing Manager, Harvey Lincoln, M & B Manager; Deputy Williams; A. Milhe Delgado Deputy Clerk 1. MINUTES (2-1570) It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the minutes of the meeting held November 16, 1999; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA (2-1574) " , It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimouJly. 1. Warrant List The District approved Warrant List NO.8 2. Mosquito Control A. Agreement with Culpepper & Terpening- The District approved the agreement for professional services on a continuing basis, and authorized the Chairman to execute the agreement. B. Contract Amendment - The District approved Amendment No. I to Contract No. C 10816 (A-Ol) with the South Florida Water Management District, for the purpose of granting a six month time extension and authorized the Chairnlan to sign the amendment. There being no further business to be brought before t!:u;~ Distric~, the meeting was adjourned at 9:22 p.m. Chairman Clerk of Circuit Court ~ - , 1 W' .."", AGENDA REQUEST ITEM NO.2- DATE: December 7, 1999 SPECIAL [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control James R. David SUBJECT: Emergency repairs to impoundments - Hurricane Irene BACKGROUND: Hurricane Irene severely damaged approximately 12.44 miles of mosquito control dikes on October 15, 1999. Staff initiated dike repairs on an emergency basis, on November 11, 1999, authorizing the removal of exotics, fallen trees and debris, for access purposes and in preparation for the dikes to be reconstructed. In the interim, staff sought quotes for the emergency dike reconstruction work from five contractors. Native Technologies, Inc. (NTI) was the low quote at $2,557,168.16 (and the only monetary quote). The quote from NTI was analyzed by Culpepper and Terpening, Inc. and found to be accurate and within reasonable material:total cost ratios (approximately 50:50). County Engineering reviewed the costs of pennitting and found that delays for pennitting, and pennitting-related costs, would add significant costs to the project (if we could pennit the work at all), were we not to proceed with the work under the Emergency Authorization deadline. The repairs will result in the dikes being able to withstand a similar stonn in the future without incurring the same level of damage. Approval of a waiver ofthe local match submitted to the Governor's Office would reduce local out-of-pocket costs, as would an application for grant funds from the Indian River Lagoon License Plate program. FUNDS AVAIL.: Funds to be made available in 145-6230-534000-19006 Contracted Services - Hurricane Irene PREVIOUS ACTION: Approval of Emergency Contract No. C-99-11-091 with NTI on October 26, 1999 RECOMMENDATION: Staff recommends that the Board authorize staff to continue emergency dike repairs, tenninate the October 26, 1999 contract with NTI, approve the attached emergency dike repair contract with Native Technologies, Inc. (thereby waiving the Fonnal Bid process in accordance with the Emergency Purchasing Procedures), and authorize the Chainnan to execute the Agreement. Staff also recommends Board approval to submit an Application for Disaster Assistance Local Match Reduction or Waiver and Payment Deferral to the Governor's Office, and authorize the chainnan to execute the fonn. Staff also recommends Board approval to apply for an Indian River Lagoon License Plate grant to fund the exotic removal hazard 'tigation portion ofthe project. COMMISSION ACTION: CONCU E: [ ] APPROVED [ ] DENIED [X] OTHER: pulled prior to meeting Do as derson County l\.dministrator Review and Approvals ~gement & Budget / County Attorney: ~inating Dept. Finance: {Check for ~rChasing Other: if applicable)___ Other: Eff. 5/96 11/24/99 ST...,uCIE COUNTY - BOARD ...." VARRANT LIST # 9- 20-NOV-1999 TO 24-NOV-1999 FUND SUMHARY- MOSQUITO EXPENSES FZABVARR FuND TITLE 145 Mosquito Fund 104,769.89 104,769.89 GRAND TOTAL: PAGE 1 PAYROLL 22,673.53 22,673.53 12/06/99 W ST. LUCIE COUNTY - BOARD VARRANT LIST #10- 25-NOV-1999 TO 03-DEC-1999 FUND SUMMARY- MOSQUITO EXPENSES FZABVARR FUND TITLE 145 Mosquito Fund 145109 IRL National Estuary Imp. lOA 145810 98-99 SVIM Imp. VIII Restoration GRAND TOTAL: 12,870.92 136.00 846.28 13,853.20 " PAGE 1 PAYROLL 1,681.68 0.00 0.00 1 , 681. 68