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HomeMy WebLinkAboutAgenda Packet 05-18-99 ~ ......, 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 ßOARD OF COUNTY COMMISSIONERS AGENDA May 18, 1999 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held May 11, 1999. 2. GENERAL PUBLIC COMMENT 3. CONSENT AGENDA PUBLIC HEARINGS 4. UTILITIES Resolution No. 99-108- Consider staff recommendation to approve the resolution putting into effect a schedule fixing water and wastewater utility rates, fees, and charges for customers of the North County Utility District, and providing for an effective date. 5. UTII,ITIES A. Resolution No. 99-106- Consider staff recommendation to approve the resolution putting into effect a Uniform Service and a Uniform Extension policy for the North County Utility District and providing an effective date. B. Holiday Pines Utility- Consider staff recommendationÁo approve an amendment with Avatar Utility Services, Inc., in the amount of $144,1>0 annually and authorize the Chairman to sign the agreement and that the amendment will become effective on the closing date of the sale of the Holiday Pines System to St. Lucie coµnt . / /J V )/ '7 /' ~,,,-cApJ ~ ~ AIRPORT ¡r;Þ.t,,~...fle-s l-J.:J /( '~/J- " )....._d1';) .~ ~ CY ~___o y . , k~rport DRI- Consider staffrecommendation to authorize staffto rank the Airport.'s General ¡ ! / ~ Consultants for preparation of an Airport DRI including the projects listed . ~ ¡Airport '1 Business .and Marketing Plan r~X~IUding length~n~ runway 9RJ27L. h~~tJ~ .A.,,-~L-~ -µ¡ ~514. \ ~ .diP;H/' /? ß-,C~6/¡; l..-./rjJ,/2;;rt -,.' NOTICE: All proceedings before this Board are electronically reconled. 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 part)' to the proceedings, individuals testifying during a hearing will be sworn in. Any part)' to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. ~ ....,.¡ REGULAR AGENDA MAY 18, 1999 PAGE TWO 7. COUNTY ATTORNEY Resolution No. 99-112- Consider staffrecommendation to approve the resolution urging the United States Congress to reauthorize and fund the National Estuary Program for an additional five years. ~ ....,.¡ CONSENT AGENDA May 18, 1999 1. WARRANTS LIST Approve warrants list No. 33. 2. COUNTY ATTORNEY A. Emergency Medical Services Award- Consider staff recommendation to approve the third extension of the interlocal agreement for use of funds disbursed under the County Emergency Medical Services Award and authorize the Chairman to sign. B. Jury Services Reimbursement- Consider staff recommendation to accept a check for $532.54 representing one-half reimbursement for jury services in the case of Omec v. Yang. C. Permission to File Suit- Consider staff request for permission to file suit against Archie and Sheila Jones to quiet title on property owned by the County. 3. MANAGEMENT AND BUDGET A. Budget Resolution No. 99-11- Consider staffrecommendation to approve the budget resolution establishing the budget for the Ideal Holding Road MSBU project. B. Equipment Request No. 99-211- Consider staff recommendation to approve the equipment request for the purchase of a State surplus Dozer for the Road and Bridge Division. 4. PERMISSION TO ADVERTISEfRECOMMENDED FOR A DAY MEETING County Attorney- Consider staff request for permission to advertise a TEFRA hearing on A-I Roof Trusses Ltd. Company on June 8, 1999 at 9 am or as soon thereafter as possible. ,,-.._-.~ ,~~ -"-.-, '-' '-' .. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA RF.ßULAR MEETING Date: May 11, 1999 Tape: 1 Convened: 9:03 a.µ1. Adjourned: 1 0: 13 a.m. Commissioners Present: Chairman, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director; Ray Wazny, Public Works Director; Bill Blazak, Utilities Director; Dennis Murphy, Asst. Com. Development Director; Jim David, Mosquito Control Director; Mike Bowers, Road and Bridge Manager; Harvey Lincoln, M & B Manager; Don West, County Engineer; Jack Southard, Public Safety Manager; Charlie Bicht, Purchasing Manager; Nick Dragash, Central Services Manager; Joe Finnegan, Personnel; David Kelly, Planning Manager; Gayla Barwick, Tourism Manager; Deputy Nickel; A. Millie Delgado, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held May 4, 1999; and, upon roll call, motion carried unanimously. 2. PRESENTATIONS A. The Employee of The Quarter award ( January - March, 1999) was presented to Barbara Meinhardt, Engineering. B. The Employee Suggestion Award (first quarter) was presented to Anthony Lacoparra. 3. PUBLIC COMMENTS (1-222) Mr. David Keown, Lakewood Park resident, addressed the Board regarding the $20 million Environmental Lands program and bike paths. CONSENT ADDITIONS (1 =340) A-I - Collective Bargaining Unit- Consider staff recommendation to approve the expansion of the bargaining unit to include the part-time marine safety officers. A-2- Transfer of funds- Consider staff recommendation to transfer $783 from contingency into the Legal Counsel budget to pay closing costs on a property purchase. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Consent Additions A-I and A-2; and, upon roll call, motion carried unanimously. .,;,~,",,_~.,-:"':-F;;"7"'" '-' ':;"".,";~y,,'.'-;"-- ......, REGULAR AGENDA ADDITIONS(I-349) A.3 F.I.N.D.- F.I.N.D. Commissioner Joanne All~Jl12resented the Board with a check in the amount of$172,071.62 for the Ft. Pierce inlet Spur Jetty. 4. CONSENT AGENDA (1-400) /'~ It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda with the change in figure on item C-4 to $44,449.00 and item C-ll to include all names as noted; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved warrant list # 32. 2. LEISURE SERVICES Resolution No. 99-43- The Board approved the resolution revising the criteria for an Associate Members/Resident Players Card for Faiiwinds Golf Course. 3. PUBLIC WORKS A. Engineering- The Board approved a work authorization for Lindahl, Browning, Ferrari and Hellstrom for engineering services to provide stormwater retrofitting within NSLRWCD Canal C-9-A in the not to exceed amount of$39,500 and authorized the Chairman to sign and approve the project budget. B. Engineering- The Board approved the escrow agreement for Phase II of the Brown Ranch Mine mining permit and authorized the Chairman to sign the agreement. C. Solid Waste- The Board approved the Camp, Dresser & McKee proposal for operational assistance and permit compliance monitoring of the Glades Road Landfill Gas System for a lump sum fee of$69,600. D. Solid Waste- The Board approved the Camp, Dresser, & McKee proposal for the Glades Road and Golf Course Landfills permit annual compliance: groundwater testing and reporting, Landfill annual aerial survey and financial responsibility update, video survey and evaluation of the Landfill leachate collection system, and continuing consulting services for a total amount of$127,390. ** Com. Coward requested that in the future that items such as C and D go through the RFP process. 4. CENTRAL SERVICES Rock Road Detention Center- The Board approved declaring Northern Technologies as the sole source manufacturer of equipment designed to protect critical equipment from the effects of lightning and poor power quality conditions in the amount of $46,500. 5. MANAGEMENT/BUDGET Resolution No. 99-109- The Board approved the,budget resolution appropriating $200,000 for Morningside Library, and authorized the Çhairman to sign the inter-local agreement with St. Lucie School Board outlining the conditions of purchasing equipment and furnishings for Building A. '-' - -""-'---'\ ~---- .....,; 6. RISK MANAGEMENT Group Life Insurance- The Board approved authonzing staff to enter into contractual negotiations through McCreary Corporation with the Standard Insurance Company to provide basic and supplemental life and AD & D insurance. 7. COMMUNITY DEVELOPMENT A. Tourism- The Board approved payment of the April invoices to MBI Advertising in the amount of$6,960.13. B. Tourism- The Board approved payment of the April invoices to RJ. Gibson Advertising in the amount of $9,558.26. C. Resolution No. 99-17- The Board approved the resolution amending the date of expiration in Resolution 98-088 for the Riverview Oil Company Self Storage. 8. PURCHASING A. AutomatedServices- The Board approved the agreement for Remote Database Administration with SCT in the amount of $20,000 and authorized the Chairman to sign the agreement. B. Office Furniture- The Board approved renewing the discount agreement for purchase of Hon office furniture from Office Products and Services. 9. INVESTMENT FOR THE FUTURE A. Bid No. 99-43- The Board approved awarding the bid for waterproofing for the County Administration Building and Empire I to VIP Painting, Inc., in the amount of $24,200 for the Administration Building and $36,500 for Empire I and authorized the Chairman to sign the contract as prepared by the County Attorney. B. Bid No. 99-37- The Board approved the bid for roof replacement on various buildings to the bidders listed and authorized the Chairman to sign the contract as prepared by the County Attorney and establish the project budget as outlined. C. Parks Improvements- The Board approved piggybacking onto a Broward County bid with Recreational Design and Construction, Inc., for completion of second year Parks/Beach access renovation projects in a not to exceed amount of $415,600. 10. COUNTY ATTORNEY A. Assignment of Professional Services- The Board approved assignment of professional services from Goldman, Bruning & Mildner, P.A. to Krieger & Farley for the code Enforcement Board. B. So. 25th St. Phase 1- The Board approved the Contract for Sale and Purchase from Hawley Road Limited Partnership in the amount of $20,000 and payment of the associated legal fees estimated to be $2,467.50 and authorized the Chairman to execute the Contract for Sale and Purchase. C. Revocable License Agreement- The Board approved the Revocable License Agreement with Ms. Wojcieszak for use of Indian River Drive right of way and authorized the Chairman to execute the agreement. ~~::$':'''~~?,~¡:-¡ ~~~}¡ '-" '-" D. Consent to Assignment- The Board approved the .consent to the assignment of the subleases between Air Charter of Fla., Inc., d/b/:idet Service Center, and Michel Prefontaine and Aircraft Ground Equipment Corporation to Knight Investments Partnership, and authorize the Chairman to execute the 'Consents to Assignments of Sublease as prepared by the County Attorney. 11. ADMINISTRATION A. Citizens Budget Committee- The Board ratified Com. John Bruhn's appointment of Wayne Skinner to the Citizens Budget Committee. B. Central Florida Foreign Trade Zone- The Board approved the request of the Board of Directors to reappoint Judy Culpepper to the Board for a three year period. c. Vegetation Protection Committee- The Board approved the appointments as listed, to the Vegetation Protection Committee: Com. Bruhn - Betty Lou Wells Com. Coward- Fred Jones Com. Hutchinson- Roberta West Com. Barnes - Sam Comer Judy Gersony- St. Lucie County Conservation Organization Stefan Matthes- Professional Engineer/Planner Sabine Lange-Marcks- St. Lucie County Landscape Architect Gary Roberts - St. Lucie County Nursery Industry 12. AUTOMATED SERVICES Fairwinds Golf Course- The Board approved canceling the current computer golf software contract and purchase Golf Management Systems software and hardware, support and maintenance program $20,400 and on site training in the amount of $4,200 and also purchase hardware upgrades in the amount of$13,363 necessary for Y2K compliance. REGULAR AGENDA COUNTY ATTORNEY (1-667) 5. Resolution No. 99-42- This public hearing was continued from March 23, 1999 Commission meeting. Consider staff recommendation to approve the resolution transferring control of the cable television franchise from AT & T to Media One Applications of Northern Illinois and authorize the Chair to sign the resolution. The County Attorney addressed this issue and gave background information on resolution. Ms. Susan Bisnò, Director of Public Policy for Media One, addressed the Board and requested it not be a conditional approval. " j", ......'..... The County Attorney advised the Board that he did not feel comfortable nor does he recommend the Board not place the condition of a time limit regarding the fiber optic lime - """, . ~...' .'- - ... ,- , '~__~__n_.. .__ --------- '-" ....." "'':.-'1:''-;';''.:::!W-~:'''' Ms. Bisno stated that in speaking with her soon to be colleagues from TCI that a two year time frame would be more suitable, however, she is not sayÜig that it would not be completed sooner than that time. Com. Bruhn questioned why this is bein.;, made a condition of the transfer. The County Attorney stated this link would save the county mõney. Ms. Bisno asked if possibly the language could read that the fiber optic link would be completed within a reasonable amount of time agreeable to both parties. The County Attorney advised the Board that this would not give the county any more certainty it would only provide for further negotiations on the issue, however, he would be more comfortable with the language" within a reasonable amountoftime not to exceed 2 years" or something in that order. Ms. Bisno stated, "that would be fine". Com. Lewis expressed her concerns with the words "reasonable amount of time". Com. Bruhn stated he would prefer to see the prices reduced to the customer if an agreement was to be modified. Com. Coward questioned the impact on the rates to the customers once this transfer is completed. Ms. Bisno stated the transfer would not impact existing rates, however, as with any organization the increase their rates on an annual basis as TCI would do, they are in a competitive environment, but to say there would never be an increase that would not be feasible. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 99-42 subject to adding language to the paragraph regarding the fiber optic links that would clarify that it would be provided within a reasonable amount oftime not to exceed two years, and also the Board request Media One provide a proposal to provide service to Tozier Road, Winding Creek and Indrio Road within a 30 to 60 day period; and, upon roll call, motion carried unanimously. 6. ADMINISTRATION /BIKE PATHS (1-1424) Com. Barnes commented on a Ms. Linda Sampson whose son was injured while riding his bike on Kings Highway. Ms. Sampson submitted a petition with 2000 or more names in the Lakewood Park area who requested a separated bike path provided the length of the highway to the park. Com. Bruhn questioned if millings could be utilized as an experiment for bike paths. He was informed by the County Engineer that it could save the county money on construction costs, however, based on utilizing a concrete bike path 8 ft. wide or asphalt 8 ft. wide, the figures in the information provided is based on this type of construction. This runs about $18.00 per foot. The millings cost would be $4-5.00 per foot rougll!y. The disadvantage to utilizing millings is that it would be more of a rough surface an~ the material as. it. ,,:ear~ throws off gravel which could create some slipage, however we really wIll not know untIl It IS tned. Com. Coward expressed his concern with the millage limiting multiple uses of the path. He would prefer a more appropriate area be selected for the experiment utilizing ~illin~s and stated he was more in favor of utilizing concrete or some other smooth surface for this proJect. ~ ~7-"'~.""'-"'-:~"'""--" r---:--· -.-;--~ '-' .~ :~ . , ~ ":- . The Asst. Community Development Director stated that in the case of rollerblading, he is confident the millings surface would not work due to the fact it may bind up the wheels. Com. Bruhn suggested utilizing the millings on Kings Highway and if it does not work, they can then resurface it with asphalt. .. Com. Hutchinson concurred with Com. Barnes and Com. Bruhn and stated there are other areas which have previously requested bike paths and we do not have the money to place bike paths in every area ofthe county, however, if the experiment does work and this would be starting at a slow rate, then the millings can be utilized for many areas. The Asst. Community Development Director stated a smooth surface would be needed for rollerblades. Com. Coward stated this should be something that should be definitely explored, however, he feels we should not experiment in a residential area which will have multiple types of uses as well as high use. He urged the Board to pursue what staff has recommended. It was moved by Com. Barnes, seconded by Com. Coward, to approve constructing a bath path with the budget as recommended; and, upon roll call, motion carried unanimously with the following comments: Com. Bruhn stated he would like to pursue and explore the millings experiment in the future. Com. Hutchinson stated she concurred with Com. Bruhn however, she thought the Board was to be concerned with safety issues of people in putting sidewalks to get them offthe roads. She does not feel it is the Boards' place to address every recreational activity that the public does and would agree to this as long as another area is found to place the milllings. BOARD COMMENTS '." Com. Lewis requested ratification of her appointment to the Vegetation Protection Committee, Lee Mitchell. It was moved by Com. Barnes, seconded by Com. Coward to ratify Com. Lewis' appointment; and, upon roll call, motion carried unanimously. Com. Hutchinson requested clarification regarding the position ofthe Public Information Officer. Com. Barnes addressed Com. Hutchinson's question and stated he had asked the County Administrator to come to the Board and review with them the short listed candidates , ,. qualifications so the Board would be comfortable with his decision. The County Administrator has kept him informed all along and he is happy with his decision of the candidate. Com. Coward stated he has also had many conversations .with the County Administrator and is happy with his selection. Com. Bruhn stated Com. Hutchinson's concerns are legitimate since the person will be speaking for the Board and the Administrator and he feels the Board is torn as to who should be the selected candidate and who they should report to. He feels it will be a hard decision to fill and the Board needs to know ifthe person will be working fpr the Board or the County Administrator. Com. Lewis stated the Board will still be expressing their views individually and the person would be relating basic information to the press as ~ell as the public. She stated she would be uncomfortable if the Board started taking an too much of an active role on hiring. '., ~'. ~"Ji.'. :... . ,- '=-,~'-'--.-,--,,_..,--.- - '-" ,--~--,-,~,~--".. -...",I ';::-o;~~;~ '., . Com. Bruhn asked "why pay someone $60,000. to say what the County Administrator will say? Com. Lewis addressed Com. Bruhn's question and stated she has spent many hours answering questions on basic factual knowledge and backgroun.d information on an issue in order for it to be understood. Hopefully, the Public Information Officer will be taking care of all these questions. She does not see him/her as expressing opinions. Com. Coward concurred with Com. Lewis and stated there are a lot of positive things the community can be made aware of. Com. Hutchinson stated she was concerned with the continuing changes as to what the PIO was going to be. She does not have a problem with the person presenting basic information, but does not feel he/she should be speaking for five Commissioners. Com. Barnes stated the County Administrator basically does what he is directed to do by the majority of the Board and he feels the PIO will be doing the same thing, which is relate what the majority of the Board decides regarding projects, etc.,. In the past, had information been related in a timely manner on certain issues, many law suits could have been avoided. Com. Barnes requested that one immediate function of this person should be to show the public where their tax dollars are going, who is in charge of them and how the Board and all the Constitutional Officers address their budgets. Com. Coward requested a status report on the excessive parking requirements in the Land Development Code discussed at a prior meeting. The Planning Manager advised Com. Coward and the Board that they are looking into revisions of the Supplemental Standards to the Code and in addition they have at least one developer who will present a site plan which uses our reserve parking provision. Com. Coward requested staff continue to work on the excessive parking requirements and include their recommendations in the next loop of changes in the code. There being no further business to be brought before the Board, the meeting was adjourned at 10:13 a.m. Chairman Clerk of Circuit Court :;1 . . ;." - . ., '-' ....", AGENDA REQUEST ITEM NO. 4 DATE: May 18, 1999 REGULAR [ ] PUBLIC HEARING [X] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Resolution #99-108, A resolution of the County Commissioners of St. Lucie County, Florida, adopting and putting effect a schedule fixing water and wastewater utility rates, fees and charges for customers of the North County Utility District, and providing an effective date. FUNDS AVAIL. :N/A PREVIOUS ACTION: Board of County Commissioners established a preliminary schedule of rates, fees and charges for customers of the North County Utility District on May 4,1999 at a regular scheduled meeting. RECOMMENDATION: Staff recommends adoption of resolution #99-108, putting into effect a schedule fixing water and wastewater utility rates, fees, and charges for customers of the North County Utility District, and providing for an effective date. ~~IS~~~:O~~~ION~ [ ] OTHER: DENIED ~ ------. Crr' Coordination/Signatures t/.:.... County Attorney:X Mgt, & Budget: Originating Dept:X ItrlBdU Other: Finance Director: (CReek f~r Copy only, if applicable)____ ou Anderson County Administrator Purchasing : Other: Eff. 5/96 '-' ...",.¡ " I BOARD OF COUNTY COMMISSIONERS UTILITIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM TO: Board of County Commissioners William Blazak, Utility Director \j)..tfr FROM: DATE: May 18, 1999 RE: Resolution # 99-108- North County Utility District- Rates BACKGROUND: Resolution # 99-108, will adopt and put into effect a schedule fixing water and wastewater rates, fees and charges for customers of the North County Utility District. The rates, fees and charges that have been established for the Holiday Pines Service Corporation, and approved by the Florida Public Service Commission, are the basis for the rate, fees and charges schedule for the North County Utility District. These rates, fees and charges were also the basis for the calculations that were performed to determine the economic feasibility of the Utility to be self supportive. No significant changes have been made to the rate structure other than customer deposit requirement~. The deposits required from new customers requesting services from the North County Utility District have been adjusted to be consistent with deposits required in other St. Lucie County Utility Districts. The customers of the existing system can take comfort in the fact that no increase in their rates and charges are required in order to undertake and finance this acquisition. However, customers may experience some extremely minor adjustments in future years as a result of indexing and pass-through rate provisions, which are designed to allow the system to keep pace with escalating costs. The indexing has not been a reason for St. Lucie County to adjust rates in any Utility District for the past three years. Growth within the Districts has offset the average one percent indexing increase that has occurred annually. The historical growth of the system has been 1.5% and limited to a defined service area. The ability to expand the service area through public or private demand will provide an increased rate of growth in future years that should provide revenues increases that will offset any significant indexing. The preliminary schedule of rates, fees and charges were publically advertised on May 7, 1999. RECOMMENDATION: Staff recommends adoption of Resolution # 99-108, putting into effect a schedule fixing water and wastewater utility rates, fees and charges for customers of the North County Utility District, and providing for an effective date. nD D' . N 2 PAULA A LEWIS District No .3 . FRANNIE HUTCHINSON, District No.4· CLIFF ßARNES, District No, 5 JOHN D, ßRUHN, District No, 1 . DOUG COWAn , Istrlct 0,· " ' County Administrator - Douglas M, Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462...1150 · FAX (561) 462...1153 - '-' "wi ,.. RESOLUTION NO. 99-108 A RESOLUTION OF THE COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING AND PUTTING INTO EFFECT A SCHEDULE FIXING WATER AND WASTEWATER UTILITY RATES, FEES, AND CHARGES FOR CUSTOMERS OF THE NORTH COUNTY UTILITY DISTRICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (the "Board") has concluded that it is in the best interest of the public to acquire the water, wastewater and reuse utility facility of Holiday Pines Service Corporation (the "Facilities:); and WHEREAS, the Board, in conjunction with the acquisition of the Facilities, must fix the initial Schedule of rates, fees and charges for the utility service to be provided by the North County Utility District (the" District"); WHEREAS, the Board established a Preliminary Schedule fixing rates, fees and charges for the utility service to be provided by the District in Resolution 99-107; and WHEREAS, the Board held a public hearing, on May 18, 1999, whereby all of the owners, tenants and occupants of property served or to be served by the District, and all other interested members of the public had a opportunity to be heard concerning the Preliminary Schedule fixing rates, fees and charges, notice of which public hearing was properly published in a newspaper in the County; and WHEREAS, the Board, on the advice and recommendation of its technical advisors, and after consideration of the comments from the public, finds that the rates, fees and charges set forth in the attached Schedule are just and equitable and in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. That the attached Schedule of rates, fees, and charges hereby adopted as the rates, fees and charges of the District. Section 2. This Resolution shall take effect immediately upon passage. '-' - ... ...., After motion and second, the vote of this Resolution was as follows: ATTEST: Chainnan Paula A. Lewis Vice-Chainnan John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson PASSED AND ADOPTED this Deputy Clerk DAY OF MAY, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairperson Approved As To Fonn And Correctness County Attorney . '-' ....,¡ ,.- ç::-,.- ST. LUCIE COUNTY NORTH COUNTY UTILITY DISTRICT SCHEDULE OF UTILITY RATES, FEES AND CHARGES WATER RESIDENTIAL SERVICE APPLICABILITY For water service for all purposes in single-family homes, individually metered multi-family units. MONTHLY RATE - Base Facility Charge (no gallonage allowance): Meter Size Base Facility Charge 3/4" $28.33 1" $70.83 1-1/2" $141.63 2" $226.62 Gallonage charge per 1,000 gallons; $ 3.29 MULTI-FAMILY RESIDENTIAL SERVICE APPLICABILITY - For water service for all purposes in multi-family residences served by a master m~ter. MONTHLY RATE - Base facility charge (no gallonage allowance): Meter Size Base Facility Charge 3/4" $28,33 1" $70.83 1-1/2" $141.63 2" $226.62 3" $453.25 4" $708.20 6" $1416.40 8" $2266.24 Gallonage charge per 1 ,000 gallons; $ 3.29 -1- '-' """ ,- ,',:,.' WATER GENERAL SERVICE APPLICABILITY - For water service for all purposes for customers who do not qualify for residential or multi-family services MONTHLY RATE Base Facility Charge (no gallonage allowance): Meter Size Base Facility Charge 3/4" $42.50 1" $70.83 1-1/2" $141.63 2" $226.62 3" $453.25 4" $708.20 6" $1416.40 8" $2266.24 . Gallonage charge per 1,000 gallons; $ 3.29 PRIVATE FIRE PROTECTION SERVICE APPLICABILITY - For fire protection service. MONTHLY RATE - Line Size Amount 4" 6" 8" $ 235.98 471.93 754.27 Gallonage charge per 1,000 gallons: 3.29 -2- '-" "'" - -;'':''- FIRE HYDRANTS APPLICABILITY - For service to fire hydrants (ie: temporary construction meters) MONTHLY RATE - $250.00 advance payment required. Balance of unused advance payment refundable upon return of meter in good working condition. Gallonage charge per 1,000 gallons: 3.29 METER INSTALLATION FEES WATER TARIFF AMOUNT 3/4" meter 1" meter 1 1/2" meter 2" meter 3" meter All Above 3" - Actual Cost , $150.00 200.00 500.00 1 ,000.00 2,500.00 -3- '-' '-" ,. ,'io WASTEWATER RATE SCHEDULE RESIDENTIAL SERVICE APPLICABILITY - For wastewater service for all purposes in single family homes, individually metered multi-family units. MONTHLY RATE- Meter Size Base Facility Charge 3/4" $16.32 1" $40.79 1-1/2" $81.57 2" $130.52 Gallonage charge per 1,000 gallons: (Maximum 10,000 gallons) $2.61 MULTI-FAMILY RESIDENTIAL SERVICE APPLICABILITY - For wastewater service for all purposes in multi-family residences served by a master meter. MONTHLY RATE - , Base Facility Charge (no gallonage allowance): Meter Size Base Facility Charge 3/4" $16.32 1" $40.79 1-1/2" $81.57 2" $130.52 3" $261.03 4" $407.87 6" $ 815.74 8" $1305.20 Gallonage charge per 1,000 gallons: $2.61 -4- -- -- -- '-' ....., GENERAL SERVICE APPLICABILITY - For wastewater service for all purposes for customers who do not qualify for residential or multi-family services. MONTHLY RATE - Base Facility Charge: Meter Size Base Facility Charge 3/4" $24.48 1" $40.79 1-1/2" $81.57 2" $130.52 3" $261.03 4" $407.87 6" $ 815.74 8" $1305.20 Gallonage charge per 1,000 gallons: (Maximum 10,000 gallons) $2.61 MISCELLANEOUS SERVICE CHARGES REQUEST FOR METER TEST BY CUSTOMER t Meter Size fee $30.00 30.00 Actual cost of test 3/4" 1" and 1 1/2" 2" and above If the meter is found to register in excess of the accuracy limits prescribed by the Utility, the Fee will be refunded. But if below such accuracy limit, the fee will be retained by the District as a service charge for conducting the test. RECONNECT CHARGES Normal Hours After Hours Normal reconnection Violation reconnection Premises Visit (in lieu of disconnection) $30.00 $30.00 $30.00 $45.00 $45.00 $45.00 -5- - '-" ...." ,',"" , GUARANTEED REVENUES Whenever developers are required to pay guaranteed revenue fees, the charge for each equivalent residential connection required to be supported by the guaranteed revenue fees shall be as follows: Meter Size Water - Guaranteed Wastewater - Revenue Charge Guaranteed Revenue Charge 3/4"residential $26.84 $15.21 3/4" commercial $40.26 $22.82 1" $67.10 $38.03 1-1/2" $134.20 $76.06 2" $214.72 $121.69 3" $429.43 $242.28 4" $670.99 $380.29 6" $1341.97 $760.57 8" $2147.16 $1216.91 t -6- ~ ....." WATER ACCRUED GUARANTEED REVENUES Whenever developers are required to pay accrued guaranteed revenue fees, the charge for each equivalent residential connection required to be supported by the guaranteed revenue fees shall be as follows: $788.25 per ERC WASTEWATER ACCRUED GUARANTEED REVENUES Whenever developers are required to pay accrued guaranteed revenue fees, the charge for each equivalent residential connection required to be supported by the guaranteed revenue fees shall be as follows: $1997.83 per ERC , -7- '-' ....." CONNECTION CHARGES PER EQUIVALENT RESIDENTIAL CONNECTION Water Plant Wastewater Plant $861.00 $325.00 Li.n.es. Li.n.es. $244.00 $ 602.00 Total $1105.00 $ 927.00 -8- APPLICABILITY - AMOUNT Residential Multi-Family General Svce. -- '\w' """ .~ ç:.> . CUSTOMER DEPOSITS Before rendering service, the County will require a deposit to secure the payment of bills which shall be non-negotiable and non-transferrable. The amount of such deposit shall be an amount at least necessary to cover charges for service for two billing periods. Meter Size Water Wastewater 3/4" $ 45.00 $ 50.00 1" ,85.00 225.00 1 1/2" 110.00 315.00 2" 220.00 685.00 Per Unit 30.00 45.00 3/4" 50.00 100.00 1" 115.00 320.00 1 1/2" 200.00 1,400.00 2" 600.00 1,600.00 3" 700.00 1,900.00 4" & Above Two Months Est. Bill -9- -- ~ ...."" AUTOMATIC ADJUSTMENTS The rates, fees, and charges described herein, shall be automatically decreased or increased, without hearing, upon application by the utility as follows: 1. For implementation of a decrease or increase in the rates, fees, and charges charged to the utility for water and/or wastewater utility services, bulk water, electric power, or the amount of taxes or assessments levied against the utility, if any. 2. Annually as of the first day of the fiscal year, based upon an "operating cost index", The index shall be the Price Index in effect on the adjustment date determined by the Florida Public Service Commission, pursuant to Section 367.081.(4)(a), Florida Statutes, and Rule 25-30-420, Florida Administrative Code, as amended from time to time. 3. In the event that costs have been incurred for water quality testing required by regulatory agencies or that costs have been incurred as a result of the promulgation of regulations by other govemmental agencies related to treatment procedures for water and sewage. . -10- ., '-'" .,- .,'.>" ....., ~ .- ..~. AGENDA REQUEST ITEM NO. 5-A DATE: May 18, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Resolution #99-106, A resolution of the County Commissioners of St. Lucie County, Florida, adopting and putting into effect a Uniform Service and a Uniform Extension Policy for the North County Utility District, and providing an effective date. FUNDS AVAIL. :N/A PREVIOUS ACTION: Board of County Commissioners established·.the North County Utility District . and established preliminary rates, fees and charges on May 4, 1999 at a regularly scheduled meeting. RECOMMENDATION: Staff recommends adoption of resolution #99-106, putting into effect a Uniform Service and a Uniform Extension policy for the North County Utility District and providing an effective date~ ~O~S~~~:O~~ION~ [ ] OTHER: DENIED .-....- /"" ! L....r)/ ~Í/t4, County Attorney:X '" " J I ";p. '/'Ù-'.~II. .. I ;...1'. if'" "1·· / Originating Dept:X \n,\) ,~/\#,.". Finance Director: (check for Còpy only, \,J u Anderson County Administrator Coordination/Signatures Mgt. & Budget: Purchasing Other: if applicableJ____ Other: Eff. 5/96 '-' .-....,; /'\ / BOARD OF COUNTY COg\¡~AISSION€RS UTILITIES 6- RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM TO: Board of County Commissioners l1¡th William Blazak, Utility Director ~l\L~$ FROM: DATE: May 18, 1999 RE: Uniform Service and Extension Policies / North County Utility District BACKGROUND: The Uniform Service and Extension Policies are the rules by which the Utility operates and provides service to our customers and or developers. The Uniform Service Policy establishes d~:finitions, rules and regulations applicable to the water and/or wastewater service provided to all customers in a fair and equitable manner. The Uniform Service Policy for the North County Utility District is consistent with St. Lucie County's Uniform Service Policies'that have been ad~ted for other Utility Districts within the County. The only minor difference in the North County'Uniform Service Policy that differs from the Holiday Pines Service Corporation tariff is the deposit schedule, the deposits for water and wastewater service have been adjusted to be consistent with all other County Utility Districts. This adjustment was performed to eliminate confusion between the various Districts when service is requested. The Uniform Extension Policy is designed to set forth the service and financial relationship between the Utility and property owners, builders or developer/future customers seeking to obtain Water and/or Wastewater services for the benefit of their properties. The Uniform extension policy for the North County Utility District is consistent with St. Lucie County's Extension Policies that have been adopted for other Districts within the County. Although the Uniform Service and Extension policies are consistent with all other County Districts it is important to note that some types of services and some of the fees. and charges are unique to each Utility District. The Guaranteed / Accrued Guaranteed Revenues, rates, fees and charges are unique to each District and should not be considered uniform among all County Districts. RECOMMENDATION: Staff recommends adoption of Resolution # 99-106, putting into effect a Uniform Service and Extension Policy for the North County Utility District, and providing an effective date. JOHN D, ßRUHN, District No.1. DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No,:3 . FRANNIE HUTCHINSON, District No, 4 0 CLIFF ßARNES, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue II Fort Pierce, FL 34982 . Phone (561) 462-1150 · FAX (561) 462-1153 'w' '-" ~('-71'- .....- \.~.. ..' ,."..- RESOLUTION NO. 99-106 A RESOLUTION OF THE COUNTY COM:MISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING AND PUTTING INTO EFFECT A UNIFORM SERVICE AND A UNIFORM EXTENSION POLICY FOR THE NORTH COUNTY UTILITY DISTRICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (the "Board'') has concluded that it is in the best interest of the public to acquire the water, wastewater and reuse utility facility of Holiday Pines Service Corporation (the "Facilities:); and WHEREAS, the Board, in conjunction with the acquisition of the Facilities, must establish uniform policies for service and for extension of service by the North County Utility District (the "District"): WHEREAS, the Board, on the advice ariu recommendation of its technical advisors, finds that the service and extension policies set forth in the attached Schedule are just and equitable and in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM:MISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. That the North County District Uniform Service Policy and Uniform Extension Policy attached to this Resolution are hereby adopted. Section 2. This Resolution shall take effect immediately upon passage. '-' ......, ,- ,'~ After motion and second, the vote of this Resolution was as follows: Chairman Paula A. Lewis Vice-Chairman John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson PASSED AND ADOPTED this ATTEST: Deputy Clerk DAY OF MAY, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairperson Approved As To Fonn And Correctness , . County Attorney '-' "-' c·,..- ,',;..- .- ....~-- ST. LUCIE COUNTY UTILITIES NORTH COUNTY UTILITY DISTRICT UNIFORM SERVICE POLICY " .- '-' '-' TECHNICAL TERMS AND ABBREVIATIONS 1.0 BACKFlOW PREVENTER - A device installed to prevent contaminants of any kind from entering the potable water supply system. 2.0 BASE FACILITY CHARGE - (BFC) - A monthly charge which represents a per customer share of a portion of the fixed and nonvariable cost of providing service. 3.0 CONSUMER - The person, firm, association, corporation, governmental agency or other entity or organization supplied with water and/or wastewater service by the District. 4.0 CUSTOMER - The person, firm, association, corporation, government agency or other entity or organization who has entered into an agreement to receive water and/or wastewater service from the District and who is liable for the payment of that water and/or wastewater service and shall abide by all the District's Rules and Regulations. 5.0 CUSTOMER'S WASTEWATER INSTAllATION - All pipes, fittings, fixtures and appliances or apparatus of every kind and nature used in connection with or forming a part of an installation for disposing sewage located on the customer's side of "Point of Collection" whether such installation is owned by customer, or used by consumer under lease or otherwise. 6.0 CUSTOMER'S WATER INSTAllATION - All pipes, fittings, valves, fixtures and appliances or apparatus of every kind and nature used in connection with or forming a part of an installation for utilizing water far any purpose ordinarily located on the customer's side of "Point of Delivery", whether such installation is owned by customer or used by consumer under lease or otherwise. 7.0 DISTRICT - North County Utility District. 8.0 DOMESTIC WASTEWATER - Wastewater generated by dwellings, business buildings, institutions, and the like. 9.0 EaUIVALENT RESIDENTIAL CONNECTION (ERC) - A unit of water and wastewater treatment facilities necessary to deliver to a prospective customer, 250 gallons of water per average day, and 250 gallons of wastewater per average day. All non-residential uses are converted to ERCs by dividing their respective demands by the units of capacity set forth above. Master metered multi-family dwellings are deemed to have a domestic service demand of 250 gallons of water per day, per dwelling unit, with all external or irrigation uses calculated separately. 10.0 GENERAL SERVICE - For water or wastewater service for all purposes for customers who do not qualify for residential or multi-family services. 1 __.,¡r - -- '-' ....., ,'~ ,-"" 11.0 GREASE TRAP/Oil SEPARATORS - A device for separation of grease, oil or similar deleterious substances from wastewater by flotation, so that it can be removed from the surface prior to discharge into a sanitary wastewater system. 12.0 HAZARDOUS WASTE - Any substance, waste or product that is potentially damaging to environmental health because of toxicity, ignitability, corrosivity, chemical reactivity, radioactivity, infectious characteristics, or any other reason. 13.0 INDUSTRIAL WASTEWATER - Wastewater generated by industrial source processes including reject water from reverse osmosis treatment units. 14.0 METER - Device used to measure water delivered to a customer by the District. 15.0 POINT OF CONNECTION - The point where the District's main collector pipes are connected with pipes of the customer. 16.0 POINT OF DELIVERY - The point where the District's pipes (mains) or meters are connected to pipes of the customer, or customer's property line if so designated by District. 17 .0 POTABLE WATER - Water that is considered satisfactory for domestic use. 18.0 RATE RESOLUTION - The resolution of the St. Lucie County Board of County Commissioners adopting rates, fees and cA¡:¡rges for the District, as amended from time to time. 19.0 RECLAIMED WATER MAIN - A pipe, conduit, or other facility installed to convey reclaimed water to individual service lines or to other mains. 20.0 SERVICE LINES - The customer's pipes (service laterals) which are connected to the District's mains at the "Point of Collection". 21.0 SERVICE POLICY - The Uniform Water and Wastewater Service Policy of North County Utility "District , as amended from time to time. 22.0 WASTEWATER MAIN - A pipe, conduit, or other facility installed to convey sewage from individual service lines or other mains. 23.0 STORM WATER - The water which results from and occurs immediately following a rainfall event; water produced by unusually high tides and/or hurricane surges. 2 '-' ~ '-:.. "~.:o,.- 24.0 UNIFORM EXTENSION POLICY - The Uniform Extension Policy adopted by the St. Lucie County Board of County Commissioners, as amended from time to time. 25.0 WATER MAIN - A pipe, conduit, or other facility installed to convey water service to individual service lines or to other mains. " 3 ~ ...... .. -- -- . ... '-' '-*' , ~:!7'- INDEX OF RULES AND REGULATIONS RULE NUMBER PAGE NUMBER 1.0 POLICY DISPUTE 6 2.0 GENERAL INFORMATION 3.0 SIGNED APPLICATION NECESSARY 4.0 APPLICATIONS BY AGENTS 5.0 WITHHOLDING SERVICE 6.0 EXTENSIONS OF FACILITIES 7.0 LIMITATION OF USE 6 6 6 7 7 7-8 8.0 CONTINUITY OF SERVICE 8 9.0 TYPE AND MAINTENANCE 8 10.0 CHANGE OF CUSTOMER'S INSTALLATION 8 , 11.0 INSPECTION OF CUSTOMER'S INSTALLATION 8-9 12.0 PROTECTION OF DISTRICT'S PROPERTY 9 13.0 ACCESS TO PREMISES 9 14.0 RIGHT-OF-WAY OR EASEMENTS 9 15.0 BILLING PERIODS 9 16.0 DELINQUENT BILLS 9-10 17.0 PAYMENT OF WASTEWATER AND WATER SERVICE 10 BILLS CONCURRENTLY 18.0 TEMPORARY DISCONTINUANCE OF SERVICE 10 19.0 EVIDENCE OF CONSUMPTION 10 4 'w. 'wi ,". ,";:,.' INDEX OF RULES AND REGULATIONS (cont. ) RULE NUMBER PAGE NUMBER 20.0 TAX CLAUSE 10 21.0 CHANGE OF OCCUPANCY 10-11 22.0 UNAUTHORIZED CONNECTIONS - WASTEWATER 11 23.0 UNAUTHORIZED CONNECTIONS - WATER 24.0 ADJUSTMENT OF BILLS 25.0 CUSTOMER DEPOSIT 26.0 STORM WATER 27.0 INDUSTRIAL WASTEWATER 28.0 GREASE TRAPS, OIL SEPARATORS 29.0 HAZARDOUS WASTES " 30.0 METERS 31.0 ALL WATER THROUGH METER 11 11 11-12 12 12 13 13 13 13 32.0' REQUEST FOR METER TEST BY CUSTOMER 13 33.0 ADJUSTMENT OF BILLS FOR METER ERROR 14 34.0 BACKFLOW PREVENTERS 15 35.0 MISCELLANEOUS SERVICE CHARGES 15 - 16 5 - '-' .....,¡ .'~~ RULES AND REGULATIONS 1.0 POLICY DISPUTE - Any dispute between the District and the customer or prospective customer regarding the meaning or application of any provision of this Policy, upon written request by either party, will be resolved by the St. Lucie County Utility Director. Any party not satisfied by this decision, may, within ten (10) days thereof, appeal the decision to the County Administrator. 2.0 GENERAL INFORMATION -In the event the District's Rules and Regulations are inconsistent with any Statute, Law or Court Order, the Statute, Law or Court Order shall prevail and the District's Rules and Regulations shall be null and void. These Rules and Regulations apply to the rate schedules, applications and contracts of the District. In the absence of specific written agreement to the contrary, these regulations apply without modification or change to each and every customer to whom the District renders water and/or wastewater service. In the event that a portion of these Rules and Regulations is declared unconstitutional or void for any reason by any court of competent jurisdiction, such decision shall in no way affect the validity of the remaining portions of the Rules and Regulations for water and/or wastewater service unless such court order or decision shall so direct. 3.0 SIGNED APPLICATION NECESSARY - Water and/or wastewater service is furnished upon signed application acceptt\d by the District and the conditions of such application are binding upon the customer as well as upon the District. A copy of the application for water and/or wastewater service accepted by the District will be furnished to the applicant on request. The applicant shall furnish to the District the correct name, street address and legal description of property to which water and/or wastewater service is to be rendered. 4.0 APPLICATIONS BY AGENTS - Applications for water and/or wastewater service requested by firms, partnerships, associations, corporations, and others (principals), shall be tendered only by duly authorized parties (agents). When water and/or wastewater service is provided under application(s) entered into between the District and an agent of the principal, the use of such water and/or wastewater service by the principal or agent shall constitute full and complete consent by the principal of the application(s) entered into between agent and the District and under which such water and/or wastewater service is rendered. 6 ;::::::w '-' ...., ,.,.... ,']:0- 5.0 WITHHOLDING SERVICE - The District may withhold or discontinue water and/or wastewater service provided to any customer if all prior indebtedness to the District has not been settled in full. Service may also be discontinued for any violation by the customer or consumer of any rule or regulation set forth in this Tariff. The District will provide written notice by mail or posting at customer service location. 6.0 EXTENSIONS OF FACILITIES - Extensions will be made to the District's facilities in compliance with the District's Uniform Extension Policy and Rate Resolution. 7 .0 LIMITATION OF USE - (A) Wastewater service purchased from the District shall be used by the customer only for the purposes specified in the application or agreement for wastewater service. Wastewater service furnished to the customer shall be for the customer's own use and sewage shall be received directly from the customer into the District's main wastewater lines. In no case shall a customer, except with the written consent of the District, extend his lines across a street, alley, lane, court, property line, avenue, or other way, in order to furnish wastewater service for adjacent property, even though such adjacent property is owned by that customer. In case of such unauthorized extension, sale or disposition of service, customer's wastewater service is subject to discontinuance until full payment is made of bills for wastewater service, calculated on proper classifications and rate schedules and reimbursement in full made to the District for all extra expenses incurred for clerical work, testing and inspectiolt\S. Also, see Rule 26.0 to 29.0: Storm Water, Industrial Waste, Grease Traps and Hazardous Wastes. (8) Water service purchased from the District shall be used by the customer only for the purposes specified in the application or agreement for water service. Water service furnished to the customer shall be rendered directly to the customer through District's individual meter and may not remetered by the customer for the purpose of selling or otherwise disposing of water service for a profit to lessees, tenants, or others and under no circumstances shall the customer or customer's agent or any other individual, association or corporation install meters for the purpose of so remetering said water service for the purpose of making a profit. In no case shall a customer, except with the written consent of the District, extend his lines across a street, alley, lane, court, property line, avenue, or other way, in order to furnish water service for adjacent property through one meter, even though such adjacent property is owned by that customer. In case of such unauthorized extension, re- metering, sale or disposition of service, customer's water service is subject to discontinuance until full payment is made of bills for water service, calculated on proper classification and rate schedules and reimbursement 7 '-" '-' ..,... ,.J? in full made to the District for all extra expenses incurred for clerical work, testing, and inspections. Under no circumstances shall any source of water other than the District's be connected to the District's water supply system or any part thereof, be it on private or public property except with the written consent of the District. The District shall have the right of inspection at reasonable times during customer's installation to verify compliance with Rules and Regulations. 8.0 CONTINUITY OF SERVICE - The District will at all times use reasonable diligence to provide continuous water and/or wastewater service, and shall not be liable to the customer for failure or interruption of continuous water and/or wastewater service. The District shall not be liable for any act or omission caused directly or indirectly by strikes, labor troubles, accidents, litigations, breakdowns, shutdowns for emergency repairs, or adjustments, acts of sabotage, enemies of the United States, Wars, United States, State, Municipal or other governmental interference, Acts of God or other causes beyond its control. If at any time the District shall interrupt or discontinue its service for any period greater than one hour, except for emergency repair as indicated, all customers affected by said interruption or discontinuance the District shall use its best efforts to give not less than 24 hours notice by publication, radio or television service announcement. 9.0 TYPE AND MAINTENANCE - The customer's pipes, apparatus, and equipment shall be selected, installed, used and maintained in accordance with standard practices, conforming with the Rules, Regulations and Specifications of the District, subject to full compliance with all laws and governmental regulations applicable to same. The District shall not be responsib~ for the maintenance and operation of customer's pipes and facilities. The customer expressly agrees not to utilize any appliance or device which is not properly constructed, controlled and protected, or which may adversely affect the water and/or wastewater service. The District reserves the right to discontinue or withhold water and/or wastewater service to such apparatus or device. 10.0 CHANGE OF CUSTOMER'S INSTAllATION - No changes or increases in customer's installation, which will materially affect the proper operation of the pipes, mains or pumping stations of the District shall be made without written consent of the District. The customer will be liable for any changes resulting from a violation of this rule. 11.0 INSPECTION OF CUSTOMER'S INSTAllATION - All customer's water and/or wastewater service installations and/or changes shall be inspected during installations and/or by a District representative to ensure that customer's piping, equipment, and devices have been installed in accordance with accepted standard practice, company rules, regulations and specifications and such local governmental rules. Where municipal or other governmental inspection is required by local rules 8 "-' "ç,,¡ ,.,.,.- or ordinances, the District cannot render water and/or wastewater service until such inspection has been made and a formal notice of approval from the inspecting authority has been received by the District. Failure to have an inspection will result in the customer having to expose the service line for inspection at his own costs. The District reserves the right to inspect the customer's installation prior to rendering water and/or wastewater service and from time to time thereafter, but assumes no responsibility whatsoever for any portion thereof. 12.0 PROTECTION OF DISTRICT'S PROPERTY - The customer shall exercise reasonable diligence to protect the District's properly on the customer's premises, and shall knowingly permit no one but the District's agents, or persons authorized by law, to have access to the District's pipes and apparatus. In the event of any loss, or damage to property of the District caused by or arising out of carelessness, neglect or misuse by the customer, the cost of making good such loss or repairing such damage, including attorneys' fees and court costs if enforcement proceedings are initiated, shall be paid for by the customer, which cost shall constitute a lien on property served until paid. 13.0 ACCESS TO PREMISES - The duly authorized agents of the District shall have access at all reasonable hours to the premises of the customer for the purpose of inspection of customer's installation to verify compliance with District's Rules and Regulations, installing, maintaining, and inspecting or removing District's property, and other purposes incident to performance under or termination of the District's agreement with the customer and in such performance shall not be liable for trespass. " 14.0 RIGHT-OF-WAY OR EASEMENTS - The customer shall grant or cause to be granted to the District without cost to the District, all rights, easements, permits, and privileges which are necessary for the rendering of water and/or wastewater service, including mains, lines, pump stations, fire hydrants and the like. 15.0 BilLING PERIODS - Bills for water and/or wastewater service will be rendered monthly. Bills are due when rendered and shall be considered as received by customer when delivered or mailed to wastewater service address or some other place mutually agreed upon. Nonreceipt of bills by customer shall not release or diminish obligation of customer with respect to payment thereof. 16.0 DELINQUENT BillS - Bills are due when rendered, and if not paid within twenty (20) days thereafter become delinquent, and water and/or wastewater service may then, after five (5) days written notice, be discontinued. Service will be resumed only upon payment of all past-due bills and penalties, together with a service charge 9 '-' 'wi ,"\-}oo" established on the basis of the expenses incurred in the disconnection and restoration of service which shall be nondiscriminatory in its application. There shall be no liability of any kind against the District by reason of discontinuance of service to the customer for failure of the customer to pay the bills on time. No partial payment of any bill rendered will be accepted by the District, except by agreement with District, or by order or direction of the St. Lucie County Board of County Commissioners. 17.0 PAYMENT OF WASTEWATER AND WATER SERVICE BILLS CONCURRENTLY - When both wastewater and water service are provided by the District, payment of any wastewater service bill rendered shall not be accepted by the District without the simultaneous or concurrent payment of any water service bill. If the charges for wastewater are not paid, the District may discontinue both wastewater service and water service to the customer's premises for non-payment of the wastewater service charges, or if the charges for water are not paid, the District may discontinue both water service and wastewater service to the customer's premises for non-payment of the water service charge. The District shall not reestablish or reconnect wastewater and water service or either of customer's services until such time as all wastewater and water service charges and all other expenses or charges established or provided for by these Rules and Regulations are paid. 18.0 TEMPORARY DISCONTINUANCE OF SERVICE - Where service is to be restored at the same premises to the same customer (member of household or designated agent), customer will pay to the District the base facility charge for each billing period during which service was discontinued. All prior indebtedness must be paid before service will be restored. '. 19.0 EVIDENCE OF CONSUMPTION - The initiation, continuation, or resumption of water service to the premises shall constitute evidence of the initiation, continuation, or resumption of wastewater service to the premises, regardless of occu pancy. 20.0 TAX CLAUSE - Rates and/or charges may be increased or a surcharge added in the amount of the applicable proportionate part of any taxes and assessments imposed by any governmental authority in excess of those in effect after the approval of this rule which are assessed on the basis of meters or customers or the price of or revenues from water and/or wastewater service sold, not including income taxes. 21.0 CHANGE OF OCCUPANCY - When change of occupancy takes place at any premises supplied by the District with water and/or wastewater service, WRITTEN NOTICE may be requested and shall be given at the office of the District not less than three (3) days prior to the date of change by the outgoing customer, who will be held responsible for all water and/or wastewater service used on such premises until such WRITTEN NOTICE is so received and the District has had reasonable 10 - - '-' ...,,; ";.~. .'~- time to discontinue water and/or wastewater service. However, if such WRITTEN NOTICE has not been received, the application of a succeeding occupant for water and/or wastewater service will automatically terminate the prior account. Customer's deposit may be transferred from one service location to another, if both locations are supplied by the District and the customer has established a satisfactory credit record. Customer's deposit may NOT be transferred from one name to another. For the convenience of its customers, the District will accept telephone orders to discontinue or transfer water and/or wastewater service and will use all reasonable diligence in the execution thereof. However, oral orders or advice shall not be deemed binding or be considered formal notification to the District. 22.0 UNAUTHORIZED CONNECTIONS - WASTEWATER - Connections to the District's wastewater system for any purpose whatsoever are to be made only by employees of the District or under direct supervision of District's authorized employee. Unauthorized connections render the service subject to immediate discontinuance without notice and wastewater service will not be restored until such unauthorized connections have been removed and unless settlement is made in full and for all penalties, damages, and wastewater service estimated by the District to have been used by reason of such unauthorized connection. 23.0 UNAUTHORIZED CONNECTIONS - WATER - Connections to the District's water system for any purpose whatsoever are to be made only by employees of the District or under direct supervision of District's authorized employee. Unauthorized connections render the service subject to immediate discontinuance without notice and water service will not be restored untiJ such unauthorized connections have been removed and unless settlement is made in full and for all penalties, damages, and water service estimated by the District to have been used by reason of such unauthorized connection. 24.0 ADJUSTMENT OF BILLS - When a customer has been undercharged as a result of incorrect application of the rate schedule, or if wastewater service is measured by water consumption, a meter error is determined, the undercharged amount may be billed to the customer. 25.0 CUSTOMER DEPOSIT - Before rendering service, the District shall require a deposit or guarantee satisfactory to the District to secure the payment of bills. The District shall give the customer a non-negotiable and non-transferrable deposit receipt. The amount of such deposit shall be calculated in accordance with the District's Rate Resolution. 11 '-' .....,¡ ,'~ - .- ,:::- After a residential customer has established a satisfactory payment record and has had continuous service for a period of 25 months, the District will refund the customer's deposit provided the customer has not, in the preceding 12 months, (a) made more than one late payment of the bill (after the expiration of 20 days from the date of mailing or delivery by the District), (b) paid with a check refused by a bank, (c) been disconnected for non-payment, or at any time, (d) tampered with the meter, or (e) used service in a fraudulent or unauthorized manner. Upon termination of service, the deposit will be credited against the final account and the balance, if any, shall be returned promptly to the customer, but in no event later than forty-five (45) days after service is discontinued. The District may require, upon reasonable written notice of not more than fifteen (15) days, such request or notice being separate and apart from any bill for service, a new deposit, where previously waived or returned, or an additional deposit, in order to secure payment of current bills; provided, however, that the total amount of the required deposit shall not exceed an amount equal to the average actual charge for water and/or wastewater service for two billing periods. In the event the customer has had service less than two billing periods, then the District shall base its new or additional deposit upon the average actual monthly billing available. Governmental entities are exempt from the deposit requirement as are other utilities that provide service to the District which have reciprocating no deposit requirements. Governmental entities include: 1. Federal, State and County Agencies 2. Municipalities '. 3. Special Taxing Districts 4. St. Lucie County School Board 5. Entities lawfully empowered to levy and collect taxes 26.0 STORM WATER - No storm water systems of any kind shall be connected to the District's wastewater system, including air conditioner cooling water and condensate lines which normally discharge to storm wastewaters or drainfields. No storm water shall be diverted into the District's wastewater system through manholes, cleanouts, and the like. Failure to comply with this rule will cause discontinuance of water and wastewater service. 27.0 INDUSTRIAL WASTEWATER - The District will accept only domestic wastewater in its wastewater system. No industrial wastewater or the like, including septage, shall be discharged into District's wastewater system unless proper pretreatment facilities are provided on customer's premises by customer, properly operated and approved in writing by the District and all applicable regulatory agencies. 12 ~...... .. '.......... '-' .-- ...~. ~'.1'>'- 28.0 GREASE TRAPS, OIL SEPARATORS - All commercial food preparation facilities and all other facilities generating wastewater with high grease and/or oil concentrations must have a grease trap to intercept these wastes prior to discharge into the District's sanitary wastewater system. Location and type of grease trap used must be approved, in writing, by District and all applicable regulatory agencies. Grease traps must be properly maintained by customer or owner. Design and maintenance of grease traps shall be in accordance with St. Lucie County rules, regulations and codes, and shall conform to the specifications and requirements of the District. If grease and/or oil in excess of allowable amounts, in accordance with District's and regulatory agency requirements, is discharged, District shall inform operator and/or owner of premises to properly repair and maintain or replace, if necessary, said grease traps. Failure to cease discharging wastewater with high grease and/or oil concentrations shall be cause for discontinuance of water and wastewater service. 29.0 HAZARDOUS WASTES - No hazardous wastes of any kind shall be discharged into District's wastewater system under any circumstances without prior written authorization from District. Failure to comply with this rule shall be cause for discontinuance of water and wastewater service and violator(s) will be subject to criminal prosecution. 30.0 METERS - All water meters shall be furnished by an remain the property of the District and shall be accessible and subject to is control. The customer shall provide meter space to the District at a suitable and readily accessible location and, when the District considers it advisable, within the premises to be served. The customer shall also provide adequate and proper space for the installation of meter boes and other similar devices. " 31.0 ALL WATER THROUGH METER - That portion of the customer's installation for water service shall be so arranged that all water service shall pass through the meter. No temporary pipes, nipples, or spacers are permitted and under no circumstances are connections allowed which may permit water to by-pass the meter or metering equipment. 32.0 REQUEST FOR METER TEST BY CUSTOMER - Should any customer request a bench test of his water meter, the district will require a fee in advance to defray cost of testing and that the test be requested in writing. Such fee not to exceed the schedule of fees set forth in the Rate Resolution. If the meter is found to register in excess of the accuracy limits prescribed under the Rule No. 33.0 of this Policy, the fee will be refunded. But if below such accuracy limit, the fee will be retained by the District as a service charge for conducting the test. 13 ... WI" .. .. .. '-" ......, ~_ ;;'!oo - ~- ..~ Further, upon written request of any customer, the District shall, without charge, make a field test of the accuracy of the water meter in use at customer's premises provided that the meter has not been tested within the past six (6) months. 33.0 ADJUSTMENT OF BILLS FOR METER ERROR - In meter tests made by the District, the accuracy of registration of the meter and its performance in service shall be judged by its average error. The average meter error shall be considered to be the average of the errors at the test rate flows. FAST METERS - Whenever a meter tested is found to register fast in excess of the tolerance provided in the Meter Accuracy Requirements provision herein, the District shall refund to the customer the amount billed in error for one-half the period since the last test. Said one-half period not to exceed twelve (12) months except that if it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond such date, based upon available records. Re refund shall not include any part of any minimum charge. SLOW METERS - The District may backbill in the event that a meter is found to be slow, non-registering or partially registering. The District may not backbill for any period greater than twelve (12) months from the date it notifies a customer that the meter is slow, non-registering or partially registering. If it can be ascertained that the meter was slow, non-registering or partially registering for less than twelve (12) months prior to notification, then the District may backbill only for the lesser period of time. In any event, the customer may e~end the payments of the backbill over the same amount of time for which the utility issued the back bill. METER ACCURACY REQUIREMENTS - All meters used for measuring quantity of water delivered to a customer shall be in good mechanical condition and shall be adequate in size and design for the type of service which they measure. Before being installed for the use of any customer, every water meter, whether new, repaired or removed from service for any cause, shall be adjusted to register within the accuracy limits set forth in the following table: 14 '-' ...., .- "-~,~. ACCURACY LIMITS IN PERCENT MAXIMUM INTERMEDIATE METER TYPE RATE RATE NEW REPAIRED Displacement 98.5 -101.5 98.5 - 1 01.5 95 - 1 01.5 90 - 101.5 Current 97 - 103 97 - 1 03 95 - 1 03 90 - 1 03 Compound* 97 - 103 97 - 103 95 - 1 03 90 - 1 03 * The minimum required accuracy for compound meters at any rate within the "changeover" range of flows shall be 85% 34.0 BACKFLOW PREVENTERS - St. Lucie County requires the installation of backflow prevention devices with all new services. A backflow prevention device shall be installed in accordance with the District's specifications. All installations shall be prior to or in conjunction with the meter installation. All backflow prevention devices subject to the District's control. If approved. by the District, the District shall own and maintain the backflow prevention device itself between the inlet and outlet valves of the~Ðevice on all installations two-inch and smaller. For installations larger than two-inch, the District shall retain ownership and maintenance responsibility for all piping and appurtenances between the connection to the District's main and the discharge flange of the downstream valve on the above-ground backflow preventer assembly. In the event the District does not so determine to own and maintain the backflow or prevention device as set forth above, the customer shall own and be responsible for the maintenance and all certifications required by law with respect to the operational status of the backflow prevention device. The customer shall provide space at a suitable and readily accessible location and, when the district considers it advisable, within the premises to be served. The customer shall also provide adequate and proper space for the installation, operation and maintenance of backflow prevention devices. Customers with existing services are required to install backflow prevention devices upon request by the District if District determines that a potential hazard for other customers exist. 35.0 MISCELLANEOUS SERVICE CHARGES - The District shall charge the following miscellaneous service charges as set forth in the Rate Resolution in accordance 15 '-' ...., ~':' . ,'¡,o" with the terms also stated below. If both water and wastewater services are provided, only a single charge is appropriate unless circumstances beyond the control of the District require multiple actions. INITIAL CONNECTION - This charge would be levied for service initiation at a location where service did not exist previously. NORMAL RECONNECTION - This charge would be levied for transfer of service to a new customer account at a previously served location, or reconnection of service subsequent to a customer requested disconnection. VIOLATION RECONNECTION - This charge would be levied prior to reconnection of an existing customer after disconnection of service for cause, including a delinquency in bill payment. PREMISES VISIT CHARGE (IN LIEU OF DISCONNECTION) - This charge would be levied when a service representative visits a premises for the purpose of discontinuing service for non-payment of a due and collectible bill and does not discontinue service because the customer makes payment arrangements with the District, and the customer service representative verifies arrangements with service personnel. Service personnel cannot accept payments in any form from customers. RETURNED CHECK CHARGE - It is the policy of the District (the "County") to accept checks from the public for the payment of fees and other charges, drawn only on United States banks in U.S. currency with the drawer's name and address imprinted on the checks. It is the further policy of the District to invoke any and all available penalties, service fees, servi~ charge or civil actions, including reasonable attorneys' fees, when checks are dishonored. The District's receipt of a check is considered to be a conditional payment until it is honored by the drawer' bank. If the check fails to clear the bank for any reason, it is considered a non-payment. Upon District's receipt of dishonored check, notice shall be sent to the drawer indicating that the drawer has 30 days from receipt of notice to tender payment in cash of the full amount of the check, plus service charges and/or service fees authorized under Section 125.0195, Florida Statutes. If payment is not received within 30 days, the District reserves the right to pursue any criminal actions, pursuant to Section 832.07, Florida Statutes. In order for the District to recover a portion of the costs for handling dishonored checks, the District may charge the maker of a worthless check a service fee of twenty-five dollars ($25.00), if the face value of the check does not exceed $50.00; thirty dollars ($30.00) if the face value exceeds $50.00 but does not exceed $300.00; forty dollars ($40.00), if the face value exceeds $300.00; or five percent (5%) of the face amount of the check (whichever is greater), pursuant to Section 125.0105, Florida Statutes. 16 ... .... .. .. - '-" .....". REFUND FOR REFUNDABLE CHECK DEPOSITS - No refunds shall be made for refundable utility deposits until at least fifteen (15) working days after the date of the deposit of the check by the District. REMINDER NOTICE LATE CHARGE - When a utility bill is delinquent (See Rule No. 16 Delinquent Bills) and a written notice is issued, the District shall impose a late charge of $1.00 or 1.5% of the face amount of the late notice, whichever is greater. " 17 '-" '--' ~~ - ,.- ,.".- ST. LUCIE COUNTY UTILITIES NORTH COUNTY UTILITY DISTRICT UNIFORM EXTENSION POLICY '. '-' ....,.¡ ~.~ - .- .'.~ ST LUCIE COUNTY UTILITIES NORTH COUNTY UTILITY DISTRICT UNIFORM EXTENSION POLICY I. INTENT: St. Lucie County ("County"), as owner and operator of the St. Lucie County North County Utility District ("Utility"), hereby establishes this Uniform Extension Policy (sometimes referred to as the "Policy") designed to set forth the service and financial relationship between the Utility and property owners, builders or developer/future customers seeking to obtain Water and Wastewater service for the benefit of their properties. The County declares that each prospective consumer of the Utility's systems shall be responsible for the cost, allocable to it, for wastewater treatment and disposal, water production and treatment; including water storage and distribution necessary to provide the required service to its property. This Policy should not be " construed as a commitment to provide capacity upon demand. This Policy further has as its goal, the establishment of a uniform method of computing or determining all capital contributions required to be paid by prospective consumers which shall be demonstrably non-discriminatory among consumers of the same class in the service area, and shall further be applied uniformly to all customers and prospective customers within the present or expanded future service area. The County further declares that the reservation of capacity from Utility facilities which are in existence, under construction, or under active design for near term construction requires the payment of guaranteed revenue fees which are intended to 1 ~ ....,.¡ ';.,.. ,'~ offset the fixed costs operating and maintaining utility facilities reserved for future use. No capacity will be reserved without payment of guaranteed revenue fees. Such fixed costs maintenance, administrative and general expenses, and such other items of expenses which are not reflective of the actual expense of producing and delivering, or receiving, treating and disposing of the product of the Utility's systems. Finally, it is the County's intention that the connection charges provided for herein and the guaranteed revenue fees which support the carrying costs of facilities held for future use, be established from time to time, so as to balance the financial requirements of the system equitably and properly between the existing customers of the Utility and prospective customers. In order to provide for future facilities, it is the County's policy that prospective future customers should be required only to pay the allocable share of costs properly attributable to them. The policy and goal of the County is that connection charges and capacity reservation fees paid by such prospective customers are not to be used for thetÇ>perations and maintenance of that portion of the utility system utilized by existing customers, but rather, should be limited in their use to the provision of new system facilities properly sized and allocated to each future customers or for debt service and maintenance expense allocable to such plant facilities constructed for future customers. II. DEFINITIONS: (a) Backflow Prevention Device and Meter Installation Fee: The charge imposed by the Utility for the backflow prevention device and water meter, valve, box and appurtenances, together with the installation of these facilities, installed at the request of Developer/Future Customer. 2 \wi ....,.¡ -;""::-. ~._~ (b) Connection Charges: The reasonably anticipated cost of expansion of facilities necessitated by Customer's connection to the existing facility. (c) County: St. Lucie County, Florida. As used in this Uniform Extension Policy, (North County Utility District) the terms "County" and "Utility" may be interchangeable. (d) Developer/Future Customers: Any person or entity whose properties were seeking to secure water or wastewater services for property(ies) within the County's service area for the benefit of itself or prospective future customers of such service, including a lot owner. (e) Developer/Future Customer Agreement: A written agreement setting forth in detail the terms and conditions under which the County will render service to a Developer/Future Customer's property, and setting forth the obligations and requirements of each party to the agreement. (f) Equivalent Residential Connections (ERC): A unit of water and wastewater treatment facilities necessary to deliver to a prospective customer, 250 gallons of water per average day, and 250 gallons of wastewater per average day. All non-residential uses are converted to ERCs by dividing their respective demands by the units of capacity set forth above. Master metered multi-family dwellings are deemed to have a domestic service demand of 250 gallons of water per day, per dwelling unit, with all external or irrigation uses calculated separately. ' (g) Guaranteed Revenues/Accrued Guarapteed Revenues: Those charges required by the County to financially support the fixed costs of maintaining capacity reserved for future use by specific Developer/Future Customer, as further provided herein. (h) Off-Site: The required improvements from the required point of service of the District's Utility system to the Point of Connection of the Developer/Future Customer. (i) Point of Connection: The point where the District's master wastewater collection pipes are connected with pipes of the customer. U) Point of Delivery: The point where the District's water pipes (mains) or meters are connected to pipes of the customer, or customer's property line if so designated by District. (k) Refundable Advance Agreement: Money paid or property transferred to the County, pursuant to an agreement, by a Developer/Future Customers for the 3 '-'" .....,¡ ,_ ~'::.o- -.'::,>,- installation of utility plants or facilities which are deliberately oversized relative to Developer/Future Customer's individual needs, which oversizing takes place either in order to accommodate the County's overall master plan, or in order to cause an expansion of plant facilities in advance of the timetable that the County would otherwise construct same. In the case of such oversizing, County will collect from subsequent Developer/Future Customers who utilize such facilities and act as transfer agent for return of such monies to the original Developer/Future Customer who paid for such refundable advance, pursuant to specific agreement therefor. (I) Reserved Capacity: The specific allocation of water or sewer capacity by the County for the benefit of Developer/Future Customer as evidenced by a Developer/Future Customer's Agreement and supported by the payment of guaranteed revenue fees in accordance with this Policy. In the event Developer/Future Customer's actual capacity utilization exceeds the capacity allocated to Developer/Future Customer in its Developer Agreement, as determined by County's engineers, then Developer/Future Customer shall pay, on demand, connection charges for such excess capacity utilized, together with accrued guaranteed revenue fees from the date of execution of the Developer Agreement, and together with any fines or penalties levied by jurisdictional regulatory agencies as a result of over utilization of permitted facilities. The County reserves the right to and Developer/Future Customer consents to the issuance of an injunction by a court of competent jurisdiction to provent actual capacity utilization from exceeding the capacity allocated. III. AVAILABILITY: '. (a) The provision of service under this Policy is available to Developer/Future Customers subject to matters of technical, environmental and economic feasibility, which it has invested or may be required to invest in conjunction with any proposed extension. IV. ALLOCABLE COSTS (a) Developer/Future Customer Facilities: Each Developer/Future Customer, and/or customer shall be responsible for bearing the cost of the design, installation, inspection and testing of the complete water and wastewater systems located in the street or streets adjoining or within the boundaries of Developer/Future Customer's 4 '-" ....,¡ ,'.~' property to a Point of Connection to the County's master water, and wastewater systems and Point of Delivery to the water system of such size and capacity as needed to serve the Developer/Future Customer's needs in accordance with all applicable regulations, standards and specifications. The term "complete water distribution and wastewater collection ", as used herein, shall include all component parts of a water distribution system, including valves, fittings, laterals, hydrants and all appurtenances as shown upon the approved design of water distribution system. The wastewater collection system shall include all collection lines, manholes, force mains, lift or pumping stations, including the site for same, and all other appurtenances as shown upon the approved design for the installation of such water and wastewater systems. The County's requirement for the installation of oversized lines or facilities, designed to provide capacity over and above that which is required to meet the Developer/Future Customer's needs shall be the~ubject of a Refunding Agreement as set forth hereafter in this Policy. If so requested by Developer/Future Customer, and agreed to by the County, and taking into consideration the limited size of Developer/Future Customer's property for which service has been requested, the County may design and install the water distribution and wastewater systems. In such event, the County reserves the right to compute the estimated cost of such extension and to require the Developer/Future Customer to pay such cost of construction in lieu of Developer/Future Customer's installation of the water distribution and wastewater systems. 5 "'-' -.....I (b) Off-Site Water Distribution and Wastewater Systems - Hydraulic Share: The County declares that service to each Developer/Future Customer's property is dependent upon these main water transmission lines, wastewater collection lines, force mains and/or master pumping stations necessary to connect all Developer/Future Customer's property with the central facilities of the County adequate in size to provide proper pressure and transmission from all Developer/Future Customers' properties. All of these "off-site" facilities are generally defined as the master water distribution system and the master wastewater systems. It is the County's policy to apportion the cost of the master water distribution and wastewater systems pro rata against all properties receiving or designed to receive service from such master systems The County further declares that the charge for Developer/Future Customer's hydraulic share of the master distribution and collection facilities will be applicable to Developer/Future Customer's property whether or not the main transmission lines, force mains and pumping stations have been previous~y constructed. The apportionment of . the cost of the master distribution and collection system has been reduced to an equivalent residential unit cost, and such costs have been included within the connection charge in accordance with the schedule set forth herein. The specific location of Developer's property and the County's requirement for economic feasibility may result in Developer/Future Customer being required to advance all or a portion of the cost of the master systems in order to extend the master systems of the County from their present terminus to the Point of Connection and/or Point of Delivery with Developer/Future Customer's facilities. Such eventualities are 6 '-' """ ,~ .'""," ,':¡o,o" covered by provisions in the Uniform Extension Policy (North County) under the heading "Refundable Advances". (c) Plant Capacity Charges: County declares that it will require Developer/Future Customers to contribute to that portion of the cost of construction of water resource, treatment, storage and pumping cost, and wastewater treatment and effluent disposal cost corresponding to the demand expressed in gallons per average day exerted or to be exerted by Developer/Future Customer upon the water and wastewater plants. The allocable fair share cost to be borne by each ERC has been, and will continue to be, determined through an analysis of the cost of all plant facilities acquired, under construction or to be constructed in the future, compared with the anticipated demand of the service area expressed in ERCs at its build-out. The cost of treatment plant facilities shall include such items as engineering, legal, accounting, financing costs, administrative and general expenses associated with the planning or construction of facilities, the cost Qf obtaining regulatory permits, the cost of land and rights of way, if any, and such other costs normally associated with such capital programs. These plant capacity charges, together with the Developer/Future Customer's allocable share of "off-site" or master facilities are a component part and are included within the category Connection Charges. (d) Connection Charges: County has established "connection charges" as a method of expressing the cost to Developer/Future Customer of its allocable fair share of both treatment plant capacity costs and the master water transmission and wastewater collection system. The County declares that such connection charges shall 7 '-" -..."",I ~..,.. . ,'¡" be uniform among all Developer/Future Customers within the service area, notwithstanding provisions which may be contained in Developer/Future Customer Agreements not executed by the County, or the practices and procedures pertaining to Connection Charges as established by prior owners of the Utility, or contained within agreements executed between Developer/Future Customer and prior owners of the Utility. The County's requirement to apply Connection Charges uniformly to all Developer/Future Customers requires that existing Developer/Future Customer's connections not in service on the effective date of this Policy have their connection charges adjusted to the levels set forth herein. " 8 - - - '-' -..",I ,- The Connection Charges declared to be in effect on the effective date of the Resolution adopting this Policy and which will continue in effect until lawfully changed by the County, are as follows: CONNECTION CHARGES PER EQUIVALENT RESIDENTIAL CONNECTION Water Plant Wastewater Plant $861.00 $325.00 Lines Lines $244.00 $ 602.00 " Total $1105.00 $ 927.00 9 '-' .....,; .,.,... ,.:>- (e) Common Facilities - Multi-Family Complexes: All uses for water and/or wastewater service of a common nature for such purposes as irrigation, washing, recreational facilities, clubhouses, meeting rooms or similar applications generally found in connection with the construction of multi-family projects shall be considered in the same manner as commercial installations and the connection charges applicable thereto shall be computed in accordance with the commercial category set forth below. (f) Commercial: All property devoted to industrial, business, educational or other categories not covered by the above shall be considered to be commercial uses. The connection charges to be paid to the County for such proposed uses shall be based upon determining the residential equivalency of such proposed use. The County's engineers shall estimate the anticipated water consumption on a daily basis and shall divide such gross daily consumption by a factor of 250 gallons per day. Such residential equivalency factor shall be multiplied by the connection charges then in effect for single-family residential use in order to Qetermine the connection charges applicable to such proposed commercial use. The minimum connection charge for any commercial use shall be that of one equivalent residential connection. (g) Irrigation Uses: Water connections for the purpose of irrigating common areas (not applicable to single-family house lots) shall be computed on the same basis as commercial installations. Since irrigation water does not include corresponding wastewater service, the residential equivalency shall be multiplied by $1250.00 per ERG instead of the fee applicable for the water and sewer to single-family residences. 10 '-' ..., ~. ¡,. . (h) Connection Charges - When Payable: Connection Charges for all capacity reserved are declared to be due in full at the time of the execution of the Developer/Future Customer's Agreement reserving capacity. This reservation may be made for the entire project or specific phases. However, capacity shall only be reserved for that which Connection Charges have been paid. In the event Developer/Future Customer elects to pay Connection Charges in phases, he shall pay such Connection Charges in full for each phase prior to the commencement of each such phase. In no instance shall active connections to the system be made prior to the payment of connection fees. V. GUARANTEED REVENUES/ACCRUED GUARANTEED REVENUES The County declares that each Developer/Future Customer is responsible to provide the economic support required to cover the fixed costs of maintaining treatment plant capacities reserved for the Developer/Future Customer. The County's schedule of rates and charges are divided into ÌW9 principal categories; base facility charges (monthly minimums) and commodity charges. The base facility portion of the rates and charges addresses the fixed costs of maintaining service facilities for an active customer, whether any commodity is consumed or not. Accordingly, Guaranteed Revenue Fees charged to a Developer/Future Customer for the capacity which he has reserved are established to recover certain of the fixed costs per month in the County's systems from time to time. In addition to the current payment of guaranteed revenue fees by a Developer/Future Customer pursuant to a Developer/Future Customer Agreement, there shall also be due and owing upon connection of each future user, an 11 '-' ....I ,_.. .'~- accrued guaranteed revenue fee (AGRF), per equivalent residential connection (ERC) applicable to established charges !isted herein and are payable in advance and prior to connection. WATER ACCRUED GUARANTEED REVENUES $788.25 per ERC WASTEWATER ACCRUED GUARANTEED REVENUES $1997.83 per ERC Each Developer/Future Customer Agreement shall be deemed to provide, in its terms, as if fully set forth therein, for the payment of Guaranteed Revenue Fees monthly in advance from the date of execution of the Developer/Future Customer Agreement, and in accordance with the rates, fee~ and charges as adopted thereafter until all capacity reserved is connected to the County's System. The Developer/Future Customer Agreement shall further be deemed to provide that, after thirty (30) days' written notice, a default in the payment of, or renewal of, Guaranteed Revenue Fees shall be a default in the Developer/Future Customer Agreement and shall result in the lapse of all remaining reserved capacity, which may be reallocated by the County. In the event of a lapse of the remaining reserve capacity, the County shall retain all connection charges paid to date until and unless the County can reallocate Developer/Future Customer's lapsed capacity after first allocation any 12 '-' ....,¡ previously unallocated capacity present in the County System. VI. OBLIGATIONS OF DEVELOPER (a) Engineering Information: It shall be the Developer/Future Customer's obligation to furnish to the County, accurate information with regard to matters of legal descriptions, engineering, construction, drainage and roads. In addition, Developer/Future Customer shall accurately describe its project in terms of the amount of water and wastewater services required or the number of ERCs required by the subject property. Increases in the number of ERCs required by the project beyond those which have been reserved will result in the requirement for the payment of additional connection charges and a recalculation of Capacity Reservation Fees to conform with the accurate ERC requirements. Developer/Future Customer is solely responsible for errors or changes in engineering information or the design of its on-site water distribution or wastewater system. Any error in Developer/Future Custome~s plans or the construction of Utility facilities on Developer/Future Customer's property which are not in conformity with the plans may result in increased cost to the Developer/Future Customer in the correction, alteration or reconstruction of facilities. b) Easements and Right of Way: Following the construction of any water distribution or wastewater system proposed to be connected to the facilities of the County, Developer/Future Customer shall grant to County, such easements or rights of way corresponding with the installation of the facilities. Such grant or conveyance shall be in form satisfactory to counsel of County, together with such evidence as may be 13 '-" 'wi required by County that the easements and/or rights of way transferred to County are titled to the County and free of all liens, encumbrances and encroachments. Such conveyances shall be made without cost to County. County reserves the right to require such easement or right of way to the point at which the meter is proposed to be installed or at the "point of delivery of service," being the point at which the facilities of County joins with consumer's own installation. (c) System Design - Independent Engineers: County shall accept the design of water and wastewater facilities prepared by a professional engineer, registered in the State of Florida, regularly engaged in the field of potable water or sanitary engineering, covering the design of Developer/Future Customer's on-site water distribution and wastewater system. Provided, however, that each such design shall be fully subject to the approval of County's engineer and shall conform in all respects to the written criteria of County governing the installation of utility facilities ultimately to be accepted by County for ownership, operation and maintenan~. County reserves the right to charge a fee commensurate with the cost to County of reviewing such engineering plans and furnishing to Developer/Future Customer's engineer, various information regarding location and criteria. All designs of water distribution and wastewater facilities are at all times subject to the approval of other agencies having jurisdiction over such design. The engineer of record shall be present at all pressure tests, lampings and lift station start-ups. Additionally, County reserves the right to inspect all on-site systems which it does not take title to. In the event that the Developer/Future Customer completes distribution of on-site facilities and covers such facilities prior to inspection by 14 '-'" 'wtI' . - ~'.~;' County, County reserves the right to require uncovering of such lines so that same can be inspected prior to being placed into service. (d) Inspection Fees: County reserves the right to inspect the installation of all water distribution or wastewater facilities installed by Developer/Future Customer or Developer/Future Customer's contractors, which facilities are proposed to be transferred to County for ownership, operation and control. Such inspection is designed to assure County that water and wastewater lines and/or lift stations are installed in accordance with approved designs and are further consistent with the criteria and specifications governing the kind and quality of such installation. County further reserves the right to be present at tests of component parts of water distribution or wastewater systems for the purpose of determining that the system, as constructed, conforms to the County's criteria for exfiltration, infiltration, pressure testing, line and grade. Such tests will be performed by Developer/Future Customer or Developer/Future Customer's contractor, but only,under the observation of County's engineer or authorized inspector. County reserves the right to charge an inspection fee not to exceed 2 percent of the cost, either actual or estimated, of the subject water and wastewater facilities as installed by Developer/Future Customer. County maintains full-time inspection capability and the cost for inspection services as set forth herein is and shall continue to be designed to defray the actual cost of conducting such inspections and testing. (e) Inspections of Plumber's Hook-up: It shall be the responsibility of Developer/Future Customer or its plumbing contractor to connect Developer/Future 15 '-" -....,tI ,'~' .'~ Customer's plumbing installation with the wastewater collection facilities of County. The connection is generally made at "the point of deliver of service" which shall be the discharge side of the water meter or, in the case of wastewater, where the building wastewater line connects with the Utility lateral coming from the main to the property line of customer. County reserves the right to inspect all such connections to be assured that the same are properly made in accordance with County's rules governing such connections and that the connection, as made, is free from infiltration within reasonable engineering standards. County maintains inspection personnel for the purpose of inspecting these plumbing hook-ups and will provide such inspection service for Developer/Future Customer without cost. (f) Administration Fees: County reserves the right to charge Developer/Future Customer the actual administrative costs of processing Developer/Future Customer's service request, including, but not limited to the cost of preparation of agreements, preliminary engineering costs, review and appro~1 of governmental agency applications, construction/engineering plans and shop drawings, recording costs, and legal preparation, review and processing costs. VII. BACKFLOW PREVENTOR AND METER INSTALLATION FEES County will charge a backflow preventor and meter installation fee to each prospective customer requesting water service. Such fee is intended to defray the cost of the backflow preventor and meter and the installation thereof. County will require the payment of such fees concurrently with the request by a prospective customer for the backflow preventor and meter installation. The backflow preventor and meter 16 ~ ....., ,- .'~ .'::,." installation fee shall be charged only one time for the installation of a backflow preventor and meter at anyone location; provided, however, that requests to exchange existing backflow preventors and meters for backflow preventors and meters of a larger size will result in a charge to the prospective customer of the difference between the existing smaller size backflow preventor and meter and the requested larger size backflow preventor and meter. In addition, backflow preventors and meters of larger size have a different ERC value and consequently require the payment of increased connection charges. The difference between the connection charges paid and the connection charge applicable to the larger backflow preventor and meter will be collected at the time of the request for larger backflow preventor and meter service. VIII. TRANSFER OF CONTRIBUTED PROPERTY - BILLS OF SALE Each Developer/Future Customer who has constructed portions of the water distribution and wastewater system on Developer/Future Customer's own property prior to interconnection with County's existing facilities,~hall convey such component parts of water distribution and wastewater system to County by bill of sale in form satisfactory to County's counsel, together with such evidence as may be required by County that the water distribution system proposed to be transferred to County is titled to the County and free of all liens and encumbrances. Any facilities in the category of "customer's lines" or "plumber's lines" located on the discharge side of the water meter or on the customer's side of the point of delivery of service shall not be transferred to County and shall remain the property of Developer/Future Customer, a subsequent owner-occupant thereof or their successors 17 '-" ......, F ,'-"" ,':-- and assigns. Such "customer's lines" or "plumber's lines" shall remain the maintenance responsibility of Developer/Future Customer or subsequent customers. County shall not be required to accept title to any component part of the water distribution or wastewater system as constructed by Developer/Future Customer until Health Department and all other regulatory clearance is received and County's engineer has approved the construction of said lines, accepted the tests to determine that such construction is in accordance with the written criteria established by County and thereby has evidenced its acceptance of such lines for County's ownership, operation and maintenance. Developer/Future Customer shall maintain accurate cost records establishing the construction costs of all utility facilities constructed by Developer/Future Customer and proposed to be transferred to County. Such cost information shall be furnished to County concurrently with the bill of sale and such cost information shall be a prerequisite for the acceptance by County of the Qortion of the water distribution and wastewater system constructed by Developer/Future Customer. County reserves the right to refuse connection and to deny the commencement of service to any customer seeking to be connected to portions of the water distribution and wastewater system installed by Developer/Future Customer until such time as the provisions of this section have been fully met by Developer/Future Customer or their successors or assigns. IX. REFUNDABLE ADVANCES: County may require, in addition to the connection charges provided for herein, a 18 '-" ''WI' ".,.,.. ":0." refundable advance by Developer/Future Customer to further temporarily defray the cost of any portions of the master water distribution or master wastewater system necessary to connect the Developer/Future Customer's property with the then terminus of the Utility's water and wastewater facilities, adequate in size to provide service to the subject property. In cases where the required advance exceeds the Developer/Future Customer's obligation to pay connection charges, the County and the Developer/Future Customer will enter into a Refunding Agreement which will provide for the contingent refund to Developer/Future Customer, in accordance with its terms and conditions, of such sums which exceed Developer/Future Customer's total commitment for connection charges. The Refunding Agreement, where circumstances indicate, may be based upon the utilization by third party Developer/Future Customers of the facilities constructed as a result of the refundable advance. The amount of refund due a Developer/Future Customer under this provision shall be equal to the difference in actual cost, as evidenced by contract estimates a~ adjusted to actual cost upon completion of construction, between the cost of those facilities required to meet the needs of the subject property, in accordance with all applicable stands and specification, and the cost of the oversized facilities as installed to meet the planning need of the Utility. This cost differential shall be divided by the number of future ERC's which may be reasonably connected to the oversized facilities in the future. In all cases, the specific area to be served and the location and number of future ERC's to be served shall be designated in the agreement. The amount of refund on a per ERC basis shall not exceed the then current master water distribution and wastewater 19 "'-" ..., ~ .~ . ;')0". ,.~'. systems components of the approved Connection Charges. The County shall not include any interest upon the fund of Developer/Future Customer's advances, except in the case of specific agreements approved by the County. The term of the Refunding Agreement shall be limited to seven (7) years after the date of execution of the Agreement. x. RESERVED CAPACITY - APPORTIONMENT The County reserves the right to allocate available capacity among the several Developer/Future Customers to the end that a fair distribution of such capacity is accomplished and that no Developer/Future Customer shall preempt others from the reasonable opportunity to obtain such capacity when the same is required by such Developer/Future Customers in the near-term future. tt 20 .,---- - .. , '-" ......,¡ AGENDA REQUEST ITEM NO. 5-B DATE: May 18, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: The First Amendment to Avatar Utility Services, Inc., Contract for operation and maintenance of County utility facilities. Consistent with the guidelines set forth in RFP # 98-73 and the existing negotiated contract, the total amount of the amendment is $144,800.00. FUNDS AVAIL. : Revenues from the North County Utility System. . PREVIOUS ACTION: Establishment of the North County Utility District on May 4, 1999 and preliminary establishment of rates fees and charges for the North County Utility District on May 4, 1999 RECOMMENDATION: Staff recommends approval of the amendment with Avatar Utility Services, Inc., in the amount of $144,~00.00 annually and requests that the Board of County Commissioners authorize the Chairman to sign the agreement. Staff further recommends that the Board agree that this amendment will become effective on the closing date of the sale of the Holiday Pines System to St. Lucie County. COMMISSION ACTION: RENCE: o [ ] APPROVED OTHER: DENIED 9J / County Attorney:X ~ O<igina'ing Oep"X Ll~~~ ou Anderson County Administrator Coordination/Sianatures Mgt. & Budgetx: Purchasing Other: Other: .... .-- - ... '-" "'-' BOARD OF COUNTY COMMISSIONERS UTiliTIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM TO: Board of County Commissioners William Blazak, Utility Director u1L~ FROM: DATE: May 18, 1999 RE: First Amendment to Avatar Utility Services, Inc. Contract BACKGROUND: County utility staff has reviewed the operation and maintenance of the Holiday Pines Service Corporation facilities, water and wastewater, and developed a staffing schedule consistent with the Florida Department of Environmental Protection existing permits. Required permit staffing is three and one halfhours per day per the permits. Staff has determined that additional on-site contract staffing is required to deliver a better level of service the customers of the system. In addition to the required permit staffing, utilities is proposing to maintain additional staff at the utility facilities to perform customer service field work and additional maintenance to the system. The Public Service Commission (PSC) reports, filed by Holiday Pines Service Corporation served as the historical information to determine the previous operating costs associated with the facilities. The operation and maintenance costs in the PSC report, for the water and wastewater facilities contract labor, were approximately $190,000.00. The amount stated by Avatar Utility Services, $144,800.00, to staffthe facilities, represents a significant reduction in the O&M costs and contribute considerably toward the ability of St. Lucie County to acquire the system. Operation and maintenance of the Holiday Pines system will be consistent with the operation of all other County facilities and provide for comprehensive operation and maintenance of the system. The amendment for operation and maintenance of the Holiday Pines system is contingent upon successful acquisition of the system by St. Lucie County and will become effective on the closing date of the sale. JOHN D, ßRUHN, District No, 1 . DOUG COWARD, District No, 2 . PAULA A, LEWIS, District No, 3 . FRANNIE HUTCHINSON, District No, 4 . CLIFF ßARNES, District No, 5 County Administrator... Douglas M. Anderson 2JOO Virginia Avenue . Fort Pierce, FL J4982 · Phone (561 ) 462-1150 · FAX (561) 462...115J .... ... - - .... --. '-" """" ,.J'p.' RECOMMENDATION: Staff recommends approval of the amendment with Avatar Utility Services, Inc., in the amount of$144,800.00 annually and requests that the Board of County Commissioners authorize the Chairman to sign the agreement. Staff further recommends that the Board agree that this amendment will become effective on the closing date of the sale ofthe Holiday Pines System to St. Lucie County. '-" "WI ... ~. "'" .- ...:.- FIRST AMENDMENT TO AGREEMENT FOR OPERATION, MAINTENANCE, AND MANAGEMENT SERVICES FOR ST. LUCIE COUNTY WATER, WASTEWATER, AND RECLAIMED WATER FACILITIES THIS FIRST AMENDMENT is made this day of , 1999, by and between St. Lucie County, Florida, a political subdivision of the State of Florida (the "County") and Avatar Utility Services, Inc. ("Contractor"). WIT N ESE T H: WHEREAS, on December 23, 1998, the parties entered into an Agreement for Operation, Maitenance, and Management for St. Lucie County Water, Wastewater, and Reclaimed Water Facilities (the "Utility Management Agreement") whereby the Contractor agreed to operate, maintain and manage the County's Wastewater Treatment, Reclaimed Water & Potable Water Systems and a permitted non-community drinking water system at the County's Agricultural Extension Office, as described on Exhibit "A" to the Agreement (the "Facilities"); and WHEREAS, the Cou nty intends to acquire the Holiday Pines Water and Wastewater Facility (the "Holiday Pines Facility") and the parties have agreed that the Contractor shall also operate, maintain and manage the Holiday Pines Facility for an additional fee under the terms of the Utility Management Agreement effective upon the acquisition of the Holiday Pines Facility by the County. NOW, THEREFORE, in consideration of, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Utility Management Agreement as follows: 1. Exhibit "A" to the Utility Maintenance Agreement is hereby amended by the addition of the Holiday Pines Facility as described on Exhibit "A-1" attached hereto and made a part hereof. 2. Exhibit "0" to the Utility Maintenance Agreement is hereby amended by the addition of the fee for the Holiday Pines Facility as described on Exhibit "0-1" attached hereto and made a part hereof. 3. This First Amendment shall be effective upon the closing of the acquisition of the Holiday Pines Facility by the County. 4. Except as expressly amended herein, all of the remaining terms and conditions of the Utility Management Agreement shall remain in full force and effect. -1- '-" ~ ..~. .- ,'"... IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be duly executed as of the date and year first above written. A TIEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY A TIEST: AVATAR UTILITY SERVICES, INC. BY: SECRETARY '. C:\JWL\AGREE\A VA TAR-1A.WPD -2- - '-' ...." ...... ,.,,- NORTH COUNTY WATER & WASTEWATER DISTRICT (HOLIDAY PINES SERVICE AREA) DESCRIPTION OF tHE SYSTEM The water and wastewater utilities primarily serve the Holiday Pines Subdivision. The service area is located northwest of the St. Lucie County Airport and is comprised of residential developments consisting of single family homes, apartments, town homes and some commercial establishments. In addition to the Holiday Pines Subdivision the following areas are served: · Indian Pines Village Apartments · Heatherway Apartments · Indrio Crossing Shopping Center · ~borFedercùBank · Riverside National Bank · Lakewood Park Elementary School · Golf Lake Villas · Lakewood Park Fire Station · Lakewood Park Library WATER DISTRIBUTION SYSTEM The North County System (NCS) is comprised of polyvinyl chloride (PVC) SDR 21 piping, 4- inches inside diameter, 0.35-inches thick, to 12-inches inside diameter, O.44-inches thick. Some local and end of line runs may be as small as 2-inches in diameter. The system consists of approximately, 2,350' of2 inch PVC pipe, 1,800' of 3-~h PVC pipe, 20,226' of 4-inch PVC pipe, 9,225' of 6-inch PVC pipe, 15,696' of 8-inch PVC pipe, and 883' of 8-inch ductile iron pipe. The water is metered through 719- 5/8 inch meters, 12- 1 inch meters, 13- 1 Y2 inch meters and 4-6 inch compound meters totaling 751 meters in the system. The system currently has only three fire hydrants. One hydrant is located at Deer Run Drive and two hydrants are located at Indrio Crossing Shopping Center. WATER TREATMENT FACILITIES The water treatment plant site occupies about 5.4 acres and is a low pressure reverse osmosis (R.O.) plant also know as membrane softening. The facility is permitted at 288,000 gallons per day(gpd) maximum daily flow (MDF) consistent with the 1998 Florida Department of Environmental Protection (FDEP) permit. This total includes 160 gpm permeate (treated water) + 40 gpm raw water blend equal to 200 gpm total. Two hundred gallon per minute (200gpm) is the equivalent of288,000 gallon per day (gpd). The maximum hour capacity for permeate flow is 9,600 gallons per hour (gph). Raw water is supplied to the plant from the two Surficial Aquifier wells located at the water treatment facility site. EXHIBIT I fl - I - -- '-" ...., ,'<þ>" ,':¡,o Membrane reject water, also called brine, from the RO. process is pumped to the wastewater treatment facility effluent splitter box, where it is mixed with the wastewater effluent prior to being discharged to the percolation ponds. The reject water flow rate mentioned in the water facility permit, is approximately 0.038 mgd. The main process building houses the reverse osmosis unit, a single membrane skid unit consisting of seven vessels each equipped with six 8-inch elements for a total of 42 elements and a total capacity of approximately 0.230 mgd (permeate). The membrane is a three stage, single pass, spiral wound thin film composite materíal with feed pressure of about 150 psi. Other facilities include: · Three high service pumps rated for 480, 480, and 700 gpm for a total pumping capacity of 960 gpm Brine storage tanks 1 and 2 with transfer pumps (submersible type) Two de-gasifier blowers Water meter, 8-inch diameter, with bypass piping 200,000 gallon prestressed concrete potable water tank 78,500 gallon storage tank 10,000 gallon hydropneumatic tank Cascading tray aerator for aerating brine Gas chlorination system consisting of two 100 pound chlorinators with on as stand-by One 150 KW emergency generator equipped with automatic start-up device to provide auxillary WTF power including power to one well pump. The plant cmrently produces potable water that meets state regulatory primary and secondary drinking water standards. · · · · · · · · · " , WASTEWATER COLLECTION AND PUMPING SYSTEMS The wastewater collection and pumping system is a typical gravity sewer, manhole and pumping station network. The gravity sewer pipe and force main system is PVCpipe. Gravity sewers mains are not less than 8-inches in diameter and placed on slopes of not less than 0.40%. Force mains are not less that 4-inches in diameter and include 10,700' of 4-inch pvc mains and 1,700' of6-inch mains. Gravity collection sewers consist of approximately 30,000' of8-inch PVC pipe and approximately 1,200' of 6-inch PVC service laterals. The collection system contains 137 precast concrete manholes with a nominal inside diameter of approxiamtely 48- inches. The collection system contains Eight lift stations, seven throughout the system and one located at the wastewater treatment facility. The station are based on Flygt pumping station design. Wet wells are six to eight feet in diameter with valve vaults, covers on the pump and valve vaults are aluminum. Stainless steel control panels and guide rails are consistent with design. The pumps cmrently utilized are Peabody-Barnes with varying horsepowers. The stations have float type switches and water service with an RPZ device for wash down. The master lift station at the wastewater treatment plant is equipped with an auto-dialer. ......... -- '-' ....,,; ...,..- ..",..- ,-- ,".".- WASTEWATER TREATMENT FACILITIES The wastewater treatment plant is a 0.21 mgd McNeil cast-in-place concrete type plant. The plant operates as an extended aeration facility with capacity of 0.21 mgd and effluent disposal via percolation ponds. The process for extended aeration includes aeration, settling, and chlorine contact. Sludge is sent to a sludge holding tank from which a portion is returned (RAS) to the aeration basin and the remainder wasted, (WAS). Facilities include: · Aeration Basin# 1: one 141,000 gallon rectangular tank with a single floating type 15 horsepower (hp )surface aerator. This basin receives raw sewage and acts as a surge tank. The basin has a surface area of2,675-square feet and a depth of8 feet. · Aeration Basin#2: one 69,000 gallon rectangular tank with a single 15 hp floating type surface aerator. A single submersible pump is located in the tank to pump mixed liquer to the calrifier through a splitter box. The basin has a surface area of 1 ,314-square feet and a depth of 8 feet. · Mixed Liquer Pump: a single pump located in aeration basin 32 that discharges Into a Flow Splitter box. · Clarifier Unit: Cast-in-place rectangular unit with a volume of 39,400 gallons, surface area of 520 square feet, and a weir length of 33 feet. · Circular Davco Clarifier: Metal fabricated clarifier has a volume capacity of23,052 gallons, a surface area of 314 square feet and a weir length of 59.7 feet per FDEP permit. Permitted surface loading rate is 669 gallons pJf day per square foot. · Chlorine Contact Tank: cast-in-place concrete tank with a volume of9,350 gallons. Disinfection is provided by gas chlorination utilizing recycled water as a vehicle water. Flow measurement is by a V -notch weir and flow recorder/ totalizer located downstream in the contact tank. · Aerobic Digesters: Cast-in-place concrete adjacent to Aeration Basin #2 the digester is divided into several connected compartments with a total volume of 18,800 gallons. Coarse bubble aeration is provided by two 12 hp blowers located in the generator building. The blowers operate in a lead/lag mode. Sludge is land applied via contract. · Percolation Ponds: Effluent disposal is via two groups of percolation ponds. Group I consists of three separate ponds with a total area of95,900 square feet. Group 2 consists of four ponds with a total area 70,600 square feet. · Generator / Blower Building: W oden structure that houses the emergency generator and blowers. Building is 10 feet by 8 feet. - - '-' ....", .~.~- ,.- .'~- · Emergency Generator: One Onan propane fueled 84 kilowat, 3 phase, 60Hz generator. Two 120 propane tanks are utilized for fuel storage · Blower Equipment: Blower equipment includes two 12 twelve horsepower rotary positive displacement blowers. Blowers are belt driven. · Monitoring Wells: the site includes eleven wells but only four are operational '" ;,--.,.... H.~~....··..·····..··..···..······· .. ....H ....... ...... ~ I 1 ~ r 7 . ~ ::!I - \ 1 !~ ;' \ \ , «... - ,. : .;¡CAlE 1 - """\ I \ \ 1 \ -\ ] r "'- 1 ~d~ "'- Donlon ,. ~.. ~ ......... "'- NET'!". ~.;) ru.;); i~~Y:- ....... - HOUCAY PINES : (B/W ~. WWTP ¡ 6 IN! 'H WA TER. MAiN I..·... ,./ 350; EEfT ; ~ : "I r \ 1\ ." BOUNCAR.'f0F AReASRECE!\!IN ,. f . 1,/ , I WATER &. SewER SERvtCE \ " PALOJ. 'AR PARK'ìI lAY ¡NASi. <II \ J ~ 8 INC. WATER JlAIN \ \ \ 1 f.700 ET ) i\ D C'ER;l ~rJ~/)R. rVJ~!LE 1 RINK R --- :I 6 INC ¡,WA 'ER. 'N 8 \ w f 400 EET 1 FEDERAL.'\. RI'J ERSIDE " "- / I NA './ I..AJ< EWOOD "- ',~!....... ··..·....·····..····F '\ "- iT] 1 ...~... !..AIŒWOOD 'AK!\ "- FIRE STATIO "- "- P- I; Tl"W', J.¡:;' 'AS$ : WA7 ER J ~ ;::::::;- F,lET '. \ ··.btJ uH" .Ht' )'f'<'J .' ...... , ~I '., ....... ,." : , \ ...... 1 "'- : ~: , ~. ~ ~ :I: lIS !II Q CD, ~ ,........,...- c::: S2 {:. ~ . ,,. ..........,... .. ............................................ ...H.····..·..· "..n.n..... ............ ............_..... ......u.....· ." ......... .......... WATER 01 STRI BUT 10 N SYSTEM Proposed , mmediate Improvements ...... -..;;..~...._., - ~. ST. LU CtE COUNTY UTILITIES HOLIDAY PINES -- () NEW WEll. NO.3 (FUTURE) , . NEW WElL NO.2 (), "- "- " "- "- BLOWOFF I DRAI -- Holiday UI'IdahI~inI. .~ G T8rf 1& Hellstram. In:.. . ---.- =::S~~ R~ '-' .'~ . ~~ \ """" APPROXIMATE ROUTE OF 4W PVC BRINE REJECT TO EFFLUENT DISTRIBUTION BOX AT EXIST ~~1REATMENTPIANT~¡; , / ':' / :,: ~" / ,:'.' NEW ABOVE GROUND aw ROUND STORAGE TANK /" ETER WITH BY-PASS (MARHOFFTANK) / .':' DEGASIFIERS / / "..:: BLOWERS " .. 200,000 GAL CROM GROUND STORAGE TANK \ \ \ ~ tn \ \ BRINE HOLDING TAN & CASCADE AERATOR ./ ./ ./ ./ ( I 12" eQUALJZER UNE- I I I I I I I I I I I r I -L._ C1 ABANDONED WELL PP WI MOUNTED ' TRANSFORMERS ORIGINAL R.O. SKID UNIT UNIT ABANDONED & FOUNDATION PAD ABANDONED" ORIGINAL METER -FLUSH TO GRADE - NOT -I;JSEI?, HIGH SERVICE PUMP M-3 FIRE PUMP - - TREATMENT PROCESS BUILDING HOUSES RO UNIT. CHEMICAL INJ, GENERATOR SET, &AUTOMATlC SWITCHING FENCE & PROPERTY LINE Site Layout Pinf.3s Water Treatm,ent Facility .-.. ___.J"- ST. LUCIE COUNTY UTILITIES HOLIDAY PINES ..,¡ LAKEF/OOD PARK·, SUB-DIVISION SCALE .. WASTEWATER TREATMENT FACILITIES ONITORlNG WEIJ. (TYP) . .- " , , HOLIDAY PINES COLF COURSE AND SUB-DIVISION IIØi eG Und8tii, BrOWftfnt. ~ . ~~ ,Ire. ': . ... -- .:-- . ...... ---~ R~ Site Layout Holiday Pines Wast~vy~ter Treatment ST. LUCIE COUNTY UTILITIES HOLIDAY PINES Facility - -. .. - ./ / / -<..... PERCOLATION / ~OND (GROUP 1) / / / / / / '-' .- ,"::,.- '.~.- ."".- \ 6" INFLUENT CHLORINE CONTACT BASIN SCALE 1" = 20' r ~ 11 1/ III ABOVE GROUND t II TRANSFER PIP,I~~ . _. II )) // SECURITY FENCE <) 'i - <> ~.:.. /- , - GOLF COURSE Holiday' ". (AG Undahi. Btawnlnø. ~FecIW1__.,Hellstrom.Irc.. . - --- . ....... -::::..--00: "nol Treatment Facility Layout Pines Waste,.wa,ter Treatment ST. LUCIE COUNTY UTILITIES HOLIDAY PINES F a c ¡Ii ty - ~~i~ ~l:s\! '-' - ,"-""-- --- ~,-"".. ....- -.:j;.- AprilS, 1999 William Blazak, Utilities Director St. Lucie County Utilities 2300 Virginia Avenue F,t. Pierce, FL 34954 Subject: Proposal to Operate Holiday Pines Water/W astewater Systems Dear Bill: Confirming our previous conversations on this subject, AUSI proposed cost to provide operation and maintenance services for the above project is as follows: :,:¡ill::::::::::::::::::::::::::::::::::::::::::::;':::::::::,:::::::::::::::::::,:::::::::::::,:::':::::::::::::::::::::::::::::::::::::::::;'::¡::::::::::::::::::::::::::::::::' ::::::::::::::::::::¡::::;::::::::j:¡:::::::íijl::lt::_i:. Personnel $66,000.00 Chemicals $24,000.00 Laboratory Testing $13,400.00 Trave1JTraining $1,000.00 Operating Materials & Supplies $2,800.00 Contractual (Meter Reading) $10,500.00 , '~ Sludge Removal $1 5,600.00 Small Parts (Allowance) $5,000.00 Sewer Vacuum Truck (Allowance) $2,500.00 GroundskeepinglLandscaping $0.00 Other - Bonding $2,800.00 - Special Insurance $1,200.00 Total $144,800.00 Should you have any questions or require additional information, please do not hesitate to contact me. AVATAR UTILITY SERVICES, INc; 4837 Swift Road, Suite 200 Sarasota, Florida 34231 Telephone 941/ 927-1455 FAX 941/927-0659 WINW.avatar-services.com e M. Overton xecutive Vice President and CbiefOperating Officer EXHIBIT I -»- I @ A Unit of Avatar Holdings Inc. - .,., ~ -~ ...... ~ ~ '-' AGENDA REQUEST r~NO. b DATE: May 18, 1999 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport PRESENTED BY: Paul A. Phillips SUBJECT: Consider staffs request for authorization to rank the Airport's general consultants by qualifications to prepare the Airport DR! to include projects outlined in the Airport Business & Marketing Plan approved by the Board of County Commissioners (BOCC) (excluding the 1,500' runway extension). BACKGROUND: On April 8, 1999, the Board of County Commissioners held a work session on the DR! to discuss development projects at St. Lucie County International Airport to be included in the Airport DR!. At the work session, the BOCC requested that the Airport DR! be scheduled for the April 20, 1999 regular BOCC meeting. At the April 20, 1999 regular BOCC meeting, the BOCC requested additional information from the Florida Department of Transportation (FDOT), and the Federal Aviation Administration (FAA), and requested the item be deferred until the May 4, 1999 regular BOCC meeting. At the May 4, 1999 regular BOCC meeting, the BOCC deferred discussion on the DR! until the May 18, 1999 meeting to allow staff sufficient time to schedule meetings with the regulatory agencies. FUNDS AVAILABLE IN ACCT#: 140-4220-599300-400 PREVIOUS ACTION: See attached staff report RECOMMENDATION: Staff recommends that the Board of County Commissioners (BOCC) authorize staff to rank the Airport's General Consultants by qualifications for the preparation of an Airport DRI that includes the following projects listed in the Airport Business & Marketing Plan (excluding the 1,500' runway extension of9R/27L): · construct new 3,700 foot Runway 9L/27R (as operational demand dictates) · construct connecting taxiways, lighting, and marking for new Runway 9L/27R · develop Authority owned property for aviation and industrial/commercial uses · complete land acquisition (approx. 100 acres) within airport boundaries (east of Kings Highway) · expand passenger terminal, parking, and apron area as market demand dictates · construct new 10,000 square foot cargo building with vehicle and aircraft parking areas COMMISSION ACTION: [~PROVED [ ]DENIED []OTHER: 4-1, see attached other Reviews & Approvals County Attorney: . OMB Originating Dept: (¡¡jIr'l¿~}/ Other: Finance:(Check fort ópy nly, if applicable) URRENCE: Purchasing Other: ~ ..., Item # 6 Do not pursue lots 24 & 59A for purchase. Do not purchase land west of King's Highway Begin discussion with FDOT to revise the Airport Master Plan. , ~ '-" ...., . , ,. STAFF REPORT from St. Lucie County International Airport Subject: Board of County Commissioners Paul A. Phillips, AiIport Director1J(> May 16, 1999 Airport Development of Regional Impact (DR!) Issues To: From: Date: On April 8, 1999, the Board of County Commissioners (BOCC) held a work session on the DR! to discuss development projects at St. Lucie County International Airport to be included in the Airport DR!. This work session was held in response to a deadline imposed by the Treasure Coast Regional Planning Council (RPC) requesting a response to the second round of sufficiency questions for the original Airport DR! which included projects listed in the 1994 Airport Master Plan approved by the BOCC, the Florida Department of Transportation (FDOT), and the Federal Aviation Administration (FAA). At the work session, the BOCC requested that the Airport DR! be scheduled for the April 20, 1999 regular BOCC meeting. In response to issues raised by the BOCC at the April 20, 1999 regular board meeting regarding development at St. Lucie County International Airport, the following staff recommendations are offered: Issue one: Why should the DRI be completed and contain certain aviation related projects? . BECAUSE NO MORE EXTENSIONS FROM THE RPC WILL BE GRANTED. In a discussion with Mr. James Snyder, DR! Coordinator for the RPC, Mr. Snyder has indicated that the RPC would not provide another extension for the Airport DRI beyond the August 2, 1999 deadline indicated in his letter dated December 10,1998. (See attachment one) Mr. Snyder state~ that any additional deadlines would comprise the DR! process because the data included in the DRI would be outdated and therefore unreliable for evaluation of the Airport DR!. . BECAUSE FDOT WILL REQUIRE REPAYMENT OF $156,807 FOR NOT COMPLETING THE DRI. According to Mr. Matthew Thys, Aviation Supervision for FDOT, the Joint Participation Agreement (JP A) between FDOT and the BOCC for the preparation of an Airport DR! was executed because the BOCC proposed to include aviation projects in the DRI. Without an aviation project included in the DR!, FDOT stated that the BOCC would forfeit the remaining $66,693 in the JP A and would be required to reimburse the $156,807 already disbursed by FDOT to the BOCC. (See attachment two) ~ ~ '--' '-' · BECAUSE IT KEEPS LAND PURCHASES ELIGIBLE FOR FAA REIMBURSEMENT. As the FAA will not reimburse the BOCC for any property used for commercial, industrial, research, or for any non-aviation development, any use of the property other than for airport use will make the property not eligible for reimbursement from the FAA. (See attachment three) Without the potential land reimbursements from the FAA to the FDOT, the BOCC will need to reimburse FDOT directly using County funds. The land currently eligible for FAA reimbursement is located at the west end of runway 9/27, which is the runway 9 approach protection zone. These parcels equal approximately $4 million dollars, of which 90% ofthe cost in the amount of$3.6 million dollars is FAA eligible. The FAA reimbursements can be used for the repayment ofthe debt to FDOT. However, the $3.6 million dollars eligible for reimbursement from the FAA falls short of the $9 million dollars required as payback to FDOT. The inclusion of the parallel runway in the DR! will allow additional property to become eligible for reimbursement from the FAA, and therefore will cover the additional $5.4 million dollars that is owed to FDOT. To date, approximately $9 million dollars is owed to FDOT. The BOCC has received approximately $728,000 from the FAA as payment to FDOT. As stated above, the remaining property that is eligible for reimbursement from the FAA will not cover the debt requirements, thus the reason for including the new runway in the DR!. . BECAUSE FDOT WILL REQUIRE $27 MILLION PAYBACK FOR LAND PURCHASED FOR THE AIRPORT. Over 2,100 acres have been purchased for approximately $36 million dollars, with approximately $27 million dollars coming from FDOT. FDOT provides 75% of the cost of the property as front end funding for the purchase of property needed for airport use. The JP A's with FDOT stipulate that within ten years after the date of acquisition, the BOCC must apply to the FAA for funding reimbursements on any property that is FAA eligible. The FAA reimbursements are designed to reduce the amount the BOCC owes FDOT. After ten years, if FAA reimbursements has not been received, then the BOCC will be responsible for repayment of 25% of the cost of the property paid to the BOCC by FDOT as a loan. After the repayment of the 25% loan, the BOCC and FDOT will each have provided 50% of the funding towards the purchase of the property. This'ratio is consistent with the requirements of Florida Statutes. Additionally, as stated in the attached letter dated May 13, 1999 from FDOT, if the BOCC were to eliminate all airport projects from consideration, the BOCC would be expected to repay FDOT for not only the 25% loan, but the entire amount of FDOT participation. As indicated in the following table, the total liability to the BOCC could be as high as $27 million dollars. 2 .. i '--' ...."" Fiscal Year Total Land Total FDOT $ Total BOCC $ Total FDOT Purchased 75% 25% Reimbursement ($) Required 100% (after 10 years) 1987/88 $1,836,666 $1,377,500 $459,166 $459,166 1988/89 $461,352 $346,014 $115,338 $115,338 1989/90 $2,903,531 $2,177 ,648 $725,883 $725,883 1990/91 $4,693,695 $3,520,271 $1,173,424 $1,173,424 1991/92 $11,339,000 $8,504,250 $2,834,750 $2,834,750 1992/93 $1,482,568 $1,111,926 $370,642 $370,642 1993/94 $914,787 $686,090 $228,697 $228,697 1994/95 $12,361,801 $9,271,351 $3,090,450 $3,090,450 TOTAL $35,993,400 $26,995,050 $8,998,350 $8,998,350 . BECAUSE OF SOUND AIRPORT MANAGEMENT PRACTICES. After careful consideration, several factors influence the recommendation for completion of the DR! and inclusion of aviation projects. The primary reason for the recommendation is that the inclusion of aviation projects makes sound airport and financial management sense. As the Airport has developed into one ofthe finest general aviation facilities in the State, it is incumbent upon the County to strive for projects that insure that the Airport develops into a first class, high quality, general aviation airport. Nothing in the BOCC approved Airport Business & Marketing Plan is inconsistent with sound airport management. The projects included in the Business Plan were developed with full consideration for pilot safety, neighborhood noise consideration, and first class general aviation development. Additionally, as the economy continues to improve and legislation by Congress is passed that enhances the development of general aviation aircraft, airport system capacity enhancement projeCts will become increasingly necessary. The parallel runway is a project that will enhance pilot safety, and is consistent with sound airport management. Issue two: Should the Airport develop into a regional jetport? With regard to the development of a commercial service hub airport, supply and demand determine competitive markets. Without a significant subsidy to a major airline, the current population of St. Lucie County cannot sustain the load factors required by high volume commercial air service providers. The competitive marketplace dictates where regional aviation facilities will develop. Examples of struggling markets that have had difficulties sustaining the burdens of commercial service are Melbourne International Airport which supports a regional population of over 450,000, and Daytona International Airport which supports a regional population of over 450,000. 3 ~ --~....... -- '-' "'" Nothing in the Airport Business & Marketing Plan is designed to establish the Airport as a regional jetport. The projects are designed to insure that the Airport continues to grow as a first class general aviation facility with limited commercial service. The recommendation for a parallel runway is designed to increase pilot safety by segregating traffic on the existing runway system. Issue three: Should a new Airport Master Plan be developed? The Airport Business & Marketing Plan and the DR! cover all elements of future development at the Airport for at least the next ten years. In that those documents and the new Airport Element of the Comprehensive Plan direct future development at the Airport, no new Master Plan is necessary. It would only be a redundancy to prepare another plan when these other planning documents are in place. CONCLUSIONS AND RECOMMENDATIONS Based on sound airport and financial management practices, it is recommended that all of the projects listed in the Airport Business & Marketing Plan, except for the construction of a 1.500 foot runway extension on Runwav 9RJ27L, be included in the Airport DR!, and that the DR! be completed by the most qualified of the four firms who have submitted a proposal to do the work. A recommendation on the firm to negotiate the contract for the amended DR! will be brought to the BOCC within the next thirty days. The exclusion of the runway extension from the Airport DR! is based on the fact that the extension of Runway 9RJ27L is not an absolute necessity. It would serve to increase pilot safety, and lessen the noise impacts to the residents east of the Airport. However, regional jets that serve 37 to 50 passengers generally need only a runway length of 6,500, and any runway in excess of 6,500 will need special justification for federal funding. The following projects are recommended to be included in the DR!, (1 )to avoid repayment of $156,807 to FDOT for the DR!, (2)to avoid repayment of up to $27 million to FDOT for the land purchased for airport development, (3)to continue the reimbursements from the FAA for land purchased for airport development, and (4 )to insure that the Airport grows to meet the air transportation needs of the community: · construct new 3,700 foot Runway 9L/27R (as operational demand dictates) · construct connecting taxiways, lighting, and marking for new Runway 9L/27R · develop Authority owned property for aviation and industrial/commercial uses · complete land acquisition (approx. 100 acres) within airport boundaries (east of Kings Highway) · expand passenger terminal, parking, and apron area as market demand dictates · construct new 10,000 square foot cargo building with vehicle and aircraft parking areas If you have any questions or require any additional information, please do not hesitate to contact me. cc: Douglas Anderson, County Administrator Daniel McIntyre, County Attorney 4 -- ....- ... -.. ---- treevure 'wII co~t regional planniQ9 council ;"~~I· ~~ .' I'! <~ ~fr I "j j ~..,f¡ij I~ fi.·.· ~4 ;,;M ~ f'? ;J I i.,,~ I December 10, 1998 Mr. Paul Phillips, Airport Director St. Lucie County Port and Airport Authority 2300 Virginia Avenue Fort Pierce, Florida 34982 n.........-r.q.....J cr':""~· y- ':' . .-. .. i~.. v........~: L.. Dr:.:: 11 i~~~~8 _ ;\'~~":!;'(Ï ;.:~- _.,~t...:~ 1~'~~- ':', :;_!"~~'!J;\ Subject: St. Lucie County International Airport Development of Regional Impact Dear Mr. Phillips: Council has received Mr. Coen's letter of November 24, 1998 requesting an extension of time to submit a response to the second round of sufficiency questions. Council staff understands the extenuating circumstances that has triggered this request and has agreed to extend the time for response to August 2, 1999. However, we believe a meeting to re- identify the preapplication assumptions should be done prior to submittal of the second sufficiency response. Council staff will also delay the scheduling of the Council workshop until you have submitted a response. If you have any questions please call. Sincerely, r:: ~nYder DRI Coordinator Cc: Nelia Coyle, Chairman TCRPC J ames Golden, SFWMD Roger Wilburn. FDCA Bruce Offord, FDEP Steven Lau, FGFWFC Diane Bowen, USFWS George Percy, FDOS Robert Hall, FOEP Don Keirn, FOEP Bill Cross, FOOT Linda Ferrell, USACOE 301 east oceon boule"ord suite 300 stuart, florido 34994 phone (561) 221-4060 H 969...4060 fnT (0;61\ ?21...40l.7 Barbara Lenczewski, FNAI Dennis Murphy, St.LC Cheri Fitzgerald, St.LC Ramon Trias, Ft.P Susan Adams, MC Robert Keating, IRC Dennis Ragsdale, Vero Beach W.G. Thiess, St.LV Maria Palombo, MTPG Curtis King, FDOT SFRc/PTO Fax:954-777-4095 May 13 '99 11:45 ....., P.02 '-' JEB BUSH GOVERNOR ~ Florida Department of Transþortation PUBLIC TRANSPORTATION OFFICE . AVIATION SECTION 3400 WestCOmmeråal Boulevard. Fort Lauderdale. Florida U30t4421 . (954)7774490 THOMAS F. BARRY, JR. SECRETARY May 13, 1999 MI. Paul Phillips, AAE. Airport Director St. Lucie County International Airport 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Phillips: Subject: St. Lucie County International Airport Development Issues Per your request, I have attached a copy of the State Aviation Manager's response dau~ February 24, 1998 to Curtis King's December 8, 1997 letter regarding the land acquisition loans iss ued to St Lucie County. In addition, our recent discussions identified several issues SurrOW1Øing the Joint Participation Agreements (JPA) between the Florida Department of Transportation (FDOT) and St. Lucie County which need to be addressed. It is important to reiterate the nature of the Department's participation in the subject agreements. Beginning in the mid-1980's, the FDOT and St. Lucie County entered into Joint Participation Agreements for the purchase of approximately 2300 acres of property. This property would become part of the Airport and used for future Airport expansion. The Airport's 1984 Master :Plan, as approved by the CoWlty Commission, was the document used as justification for the land purchase, This Master Plan and the Florida Aviation System Plan (F ASP) identified the anticipatoo need for St. Lucie County International Airport to provide commercial service to the Treasure C~:t region. The FDOT Aviation Office remains committed to the development of St Lucie County Intomational Airport for this purpose. During our meetings on April 28, 1999 and May 3, 1999, we discussed the Airport' s f~e and the impact certain development proposals would have on the State of Florida loan agreemmts. The St. Lucie County Commission has posed several questions regarding the COWlty' 5 obligations under these agreenimts. Based on our discussions, I see the fonowing areas of concern: · completion of the Development of Regional Impact (DRI) Study; · repayment of State loans for land acquisition; · and the future development of the Airport. With respect to the DR! Study, the JPA scope of work for that project included the ultimate Airport build-out. The county has proposed to complete the current DR! addressing only two industrial developments, which will be located on Airport property, eliminating all airport expansion elements. If aviation elements are not addressed in the DR!, the Department would be forced to reevaluate our participation in the project. If the evaluation detenIÚnestbat the project no longer meri11s Department participation, the JP A would be terminated. In that case, the Cowrty would forfeit the remaining $66.693.00 in tbeJPA budget. The ColU1ty would also be required to return the $156,807.00 already disbursed by the Department as specified in paragraphs 9.10 and 9.11 of 1hc JP A, www.dot.state.fI.us (9 AeCYCLED PAPeA FDOT SFRC/PTO Fax:954-777-4095 .Ma~..l:; '99 11 :46 ...., P.03 '-' Mr. Paul Phillips. A.A.E. May 10. 1999 Page 2 All JPA's for land acquisition issued to the County were written under the authority o:fChapter 332 F.S., to assist the Airport obtain property for various Airport protections and future Airport expansion. St. Lucie CoWlty purchased property utilizing State loans which, under the terms of the JP As, would be submitted to the FAA for reimbursement consideration when eligible. After 10 years, if FAA reimbursements do not cover the entire loan amounts, the COWlty is required to pay the State of Florida. fifty percent of1he non-Federally funded share. To eliminate these repayment obligations, the County would be forced to seek Legislative relief Should the County pursue a development plan contrary to the Airport Master Plan or the Florida Aviation System Plan and not utilize the land for aviation purposes in accordance with the terms of the JPAs, 1he County will be expected to repay the Department a sum equal to 75% oftht;! appraised value of 1he property at 1he time of repayment. These fimds would become immediately dUE~ to the Department. Non-payment of those funds would necessitate forwarding the matter to the appropriate state agencies (i.e. Department General Counsel, State Comptrollers Office) for interpretation and guidance. Subsequently, existing and future funding for aviation projects could be jeopardized. Al1hough current operational statistics do not yet support airport expansion, the Department maintains its position that the property should be protected to meet the futme aviation needs of S1. Lucie County and 1he Treasure Coast region as established in the Florida Aviation System Plan. The: current Master Plan identified several areas for industriaI/ commercial development. As the purpose of these areas is to generate increased revenues for the Airport, the State would have no objection to th~~ COWlty proceeding wi1h the proposed developments on land identified for such purposes. The FDOT remains committed that any areas identified for future Airport inftastructure or expansion shall be protected, If there are any questions regarding this matter, please feel free to contact me. :?qp¿ ¥ Aviation Supervisor Public Transportation Office cc: Doug Anderson, CotUlty Administrator Dean Stringer, FAA Orlando ADO Jack Reynolds, FAA Orlando ADO Annando Rovira., FAA Orlando ADO William Ashbaker, FDOT Aviation Office Harry Downing. FDOT Aviation Office Joseph Yesbeck, FDOT District Four Nancy Bungo, FDOT District Four file H:'dII"",,,~_loanj~l.wpd - - -- IAWTOI'I CIIILES GOVERNOR 605 Suwannee Street, Thllahassee, Florida :52:599-0450 Aviation Office MS-46 March 4, 1998 mol'lAS f. IIARRY. Jr. SECRETARY RECEjVrn MAR 9 1998 Mr. Curtis King Airport Director St. Lucie County International Airport 2300 Virginia Avenue Fort Pierce, FL 34982-5652 PORT MID AIRPORT ST, UJCIECOONi1,fLORIM Dear Mr. King: Thank you for your letter concerning St. Lucie County Port and Airport Authority's land acquisition loan agreements with the Department. I am sorry that this response has taken so iong, but we have taken time to examine the Authority's options under Florida Statutes and Department procedures. We agree that the Department would welcome FAA participation in all of the land purchased by the Authority with help from our airport land acquisition loan program. As you point out, this may eventually happen. But in the mean time, our legal office advises me that we have no immediate options for relief from the terms of our loan agreement without a change in law or procedure. The Department cannot replace the loan agreements requiring a payback in 10 years with loan agreements allowing payback tied to FAA reimbursements with no time limit as you requested. This would require changes to existing Florida Statutes. I understand your concern over state loans coming due while the FAA grant program is shrinking and general aviation airports are receiving smaller and smaller shares of federal money. I am continuing to investigate both procedural options within the Department and legislative options with the Florida Airport Managers Association. The good news is that St. Lucie County Port and Airport Authority's loan repayment schedule should not become critical within the next two years with current and anticipated FAA payments. This gives us time to pursue a solution. In the interim, I recommend that the Authority reimburse the Department the amount of $635,000 recently received from the FAA according to our loan agreement. Additionally, all future FAA grants specifically for land purchases that the Department has funded should conti!,lUe to be used to reimburse the Department according to our loan agreements. Nancy Bungo and Harry Downing in our District 4 Office are responsible for these loans and their payback. It will be appropriate to work directly with them on these issues. They will be directly involved with developing a solution to this situation and will be responsible for key administrative decisions relative to your loan agreements. Si~IYI . ~J. " aker. P.E. State Av' tion Manager WJAlbj cc: Nancy Bungo Harry Downing <Ð RECYCLED PAPER - MAY-13-1999 14:58 FAA ADO 407 812 6978 P.02/02 '-: "'" ~ U.S. Department of Transportation Federal Aviation Administration ORLANDO AIRPORTS DISTnlCT OFFICE 5950 Hazeltine National Dr., Suite 400 Orlando, Florid~1 32822-5024 Phone: (407) 812-6331 Fax: (407) 812-6978 May 13,1999 Mr. Paul A. Phillips Airport Director St. Lucie County International Airport 2300 Virginia Avenue Ft Pierce, Florida 34982 Dear Mr. Phillips: This is in response to your May 12, 1999, letter regarding land reimbursement at St. Lucie County International Airport. The acquisition of any interest in land is eligible for Federal funds/reimbursement when the land is necessary for airport purposes. The approved Airport Layout Plan (ALP) servas as the primary basis for determining the area of land necessary for the airport. Land for airport purposes includes the building area (passenger terminal), landing area (runways, taxiways, ramps, apron). land adjacent to these facilities requii"ed by current separation/clearances standards (runway protection zone, approach aroas, areas for noise compatibility), and offsite areas required for airport utilities (sew~lge, drainage, power, and obstruction lighting). However, land for commercial. industrial, scientific research, or land that is not directly for airport purpose is not eligible for Federal funds/reimbursemen!. Sincerely, dh7do/l~/4ùf Armando L. Rovira Project Manager cc: Mathew J, Thys, FOOT /4 PARTNERS IN CREATING TOMORROW'S A1RPORT$ + TOTAL P.02 - . ~. ..."I AGENDA REOUEST ITEM NO. . \p DATE: April 20,1999 REGULAR ( X PUBLIC HEARING £Q: Board of County Commissioners CONSENT ( SUBMITTED BY (DEPT.): AirDort PRESENTED BY: Paul A. -PhilliDS SUBJECT: Authorize Selection Process for Consultant to to Airport DRI; Removal of 1,500 Runway Extension from Direction on Purchase of Land west of Kings Highway. Complete Amendment Business Plan; and BACKGROUND: On April 8, 1999, the BCC held a workshop on the airport. Information was provided on the background of the purchase and financing of property at the airport, the uncompleted DRI, the status of the selection of a consultant to amend the DRI, future projects in the approved Airport Business Plan, and the potential purchase of property west of Kings Highway. At the end of the session, the BCC directed staff to provide additional information and schedule the matter for the April 20, 1999 Board agenda. The attached report provides additional information requested by the Board about projects and discusses the payback issues related to purchase of property at the airport. Additionally, it discusses the issue of runway lengthening on the existing 9R/27L runway and the purchase of property west of Kings Highway. FUNDS AVAIL.: 140-4220-599300-400 PREVIOUS ACTION: See April 8,1999 workshop report. RECOMMENDATION: Staff recommends that the Board of County Commissioners direct staff to proceed with the selection process for a consultant to amend the Airport DRI in accordance with the Airport Business Plan; eliminate the lengthening of Runway R/9/27L¡ and provide direction regarding purchase of property west of Kings Highway. COMMISSION ACTION: CONCURRENCE: APPROVED OTHER DENIED Douglas M. Anderson County Administrator Review and ADDrovals County Attorney: Management & Budget Originating DePt'~ Other, Purchasing: - - ... ---.... '. '-' 'wi St. Lucie County International Airport MEMORANDUM TO: St. Lucie County Board of County Commissioners FROM: Paul A. Phillips, Airport Director DATE: April 16, 1999 SUBJECT: Additional Infonnation on Selection of Airport DR! Consultant, Airport Busness Plan and Land Purchase west of Kings Highway As a result of the airport workshop held on April 8, 1999, the Board asked that additional information be provided and that the issues discussed at the workshop be placed on the April 20, 1999 Board agenda. This report provides additional information and makes recommendations regarding the airport DR!. Further, it requests direction regarding future land purchases west of Kings Highway. One of the primary issues before the Board at the workshop was what projects should be included in the amendment to the DR!, if it was to be completed. It was pointed out that the Board approved Business Plan for the Airport was being used to provide direction for the completion of a ten year DR!. Questions were raised about the necessity of extending the existing runway and building a new runway to the north of the existing runway, as well as whether either was necessary for the future of the airport. There were questions regarding the "payback" of FDOT funds by the County and reimbursement from the FAA. Additionally, there were questions about the need to purchase land west of Kings Highway. Each of these issues is addressed in more detail below. The Airport Business Plan was approved by the Board in March, 1997. This plan was established to accomplish four goals: (1) to scale back the 40 year DR! to a manageable ten year time frame; (2) to eliminate projects that were unacceptable to the community, primarily related to turning the airport into a major jetport facility; (3) to develop a plan that would make the airport a self- sustaining operation (no dependency on the County's General Fund); and (4) to continue the reimbursements from the FAA and "payback" of funds to FDOT. The overall intent of the Airport Business Plan was to ensure that the airport would become a quality general aviation facility over the next ten years and that it would not be a financial burden on the County. The need for the extension of the existing 9R127L runway and the building of the new northerly runway are in the Airport Business Plan to accomplish the above-stated goals. However, in doing ~ '-" Page 2 Information on St. Lucie County Airport Issues April 16, 1999 further analysis since the workshop, a recent FAA Bulletin indicates that it is not necessary to lengthen runways beyond 6,500 feet in order to accommodate regional jet aircraft. This bulletin is attached to this report. The bulletin does not address possible noise reduction and safety issues, which are considerations in lengthening a runway. However, it is reasonable to assume that the FAA would be satisfied that the airport is continuing to operate in a safe manner that protects the Federal Government's investment and the public safety if the existing runway is not lengthened. In the case of the new north parallel runway, this project is based on FAA criteria for safe operation of an airport that reaches a specific utilization criteria. This runway will provide proper separation of flights landing and taking off and will reduce the overall noise contours beyond the boundary of the airport. From a safety and operational standpoint, it is a necessary future project. Additionally, this runway was proposed to utilize the land on the northerly portion of the airport for airport related uses, thereby qualifying all the land for Federal reimbursement of its cost and making it and other projects at the airport eligible for cost sharing with the FAA and FDOT. With regard to current service numbers at the airport, there are currently 144,347 operations annually. This includes all actual take offs and landings, as well as training touch and go operations. That figure is currently at 53% of capacity. Based on FAA design criteria, planning for additional capacity is required when the airport reaches 60% of capacity, or 162,000 operations, and actual construction of facilities at 80% of capacity. It is likely that the design threshold will be reached in the next 3-5 years and the construction threshold within the ten year tenn of the plan. It is important to note that the new runway is not triggered by a change in fleet mix, but by the number of new operations at the airport, and that, because of its length, will only accommodate general aviation aircraft. Elimination of this runway from future planning for the airport could likely jeopardize future Federal reimbursements and cost-sharing for airport projects. Last week, additional information was provided to you regarding the "payback" and reimbursement schedule for airport land purchased with FAA and FDOT funding. This information is provided again as part of this report. The "bottom line" on this issue is that if the County continues to receive FAA reimbursements and continues to work with FDOT on the repayment schedule for the funds, it should be possible to repay the funds over the next five-seven years without any significant burden on the County. The December 8, 1997 letter from Curtis King to William J Ashbaker, FDOT Aviation Manager, details the manner in which the repayment can be made. Although this arrangement has not been formalized, it remains the best arrangement and its future formalization is based on a continuing good working relationship between the FAA, FDOT and the County, and on the continued operation of the airport that mutually meets the goals of all parties. The issue of the purchase of additional land for the airport west of Kings Highway was raised at the workshop. The Board had given staff authorization in 1998 to proceed to negotiate for the property west of Kings Highway. An arrangement was worked out that would not require any County '-' ....,I Page 3 Information on St. Lucie County Airport Issues April 16, 1999 funding for this project through payment for the land from FOOT with a leaseback agreement with the property owner. Owning this land would allow the County to control land use in this clear zone west of the airport runways. However, its purchase is completely a decision for the Board, based on your determination of need for the airport to own the property. In the short term, it is not critical to own the property. In the long term, it may be valuable for the County to control the use of such property. Finally, with regard to the hiring of a consultant to do an amendment to the existing uncompleted DR!, the County can select a consultant to negotiate a contract for the completion of the project. We have four proposals from consultants we have under contract. However, we cannot ascertain the price of a contract until we are in the negotiation process. As was discussed in the workshop, the consultant that did the original DR!, quoted the County a price of$168,000 to amend the existing DR!. An additional $60,000-$80,000 was projected for initial resource permitting to go along with the DR! so that the projects can be developed expeditiously once they were designed and ready for construction. These numbers mayor may not be of value today depending on the consultant to be selected (if the DR! proceeds), and what potential increases in costs may have occurred since the quote was received in 1997. The cost of the amended DR! would be a 50%-50% match between FDOT and the County. The County's Joint Participation Agreement budget with FDOT for the DR! has approximately $140,000 in it and there is $90,000 for the resource permitting. This includes both FDOT and County funds committed to these projects. If the price of the amended DR! exceeds this budget, the County will need to request a modification of the JPA with FDOT, fund the difference in cost itself, or abandon the DR!. In conclusion, the Airport Business Plan that was adopted in 1997, provided a course of action to develop a quality general aviation airport that would be self-sustaining, primarily through the development of light industrial and airport-related uses that would generate substantial income for the airport. Completion of the DR! would make it possible to maintain reasonable airport-related development at the airport over the next ten years and ensure that the partnership between FAA, FDOT and the County would continue, with our two partners paying for a majority of the projects. It would help to bring new industrial development to the area surrounding the airport, with the airport itself being the needed catalyst for such private development to occur successfully. Additionally, the plan assures, with some certainty, that the County would be able to repay FDOT for land purchases through Federal reimbursements and other funding available over the next five to seven years. This repayment issue remains a critical component in future decision-making on the airport. Please let me know if you have any questions or I can provide any additional information. Attachment .-. "-tI FAA Southern Region Airportopics RECEIVED AM 5 1999 y A!Ri'ORT St lllCié.æL~.ftGfWA ATLANTA-ADO, GA (404) 305-7150 FAX (404) 305-7132 9.ASO-A TL-ADO@faa.gov Georgia North Carolina South Carolina Newsletter No. 73 JACKSON-ADO, MS (601) 965-4628 FAX (601) 965-4632 9.ASO-JAN-ADO@faa.gov Alabama Mississippi MEMPHIS-ADO, TN (901) 544-3495 FAX (901) 544-4243 9.ASO-MEM-ADO@faa.gov Kentucky Tennessee ORLANDO-ADO, Fl (407) 812-6331 FAX (407) 812-6978 9.ASO-ORL -ADO@faa.gov Florida Puerto Rico Virgin Islands April 1999 1998 Annual Airports Awards Airport Manager of the Year Air Carrier-Robert M~ Ball, Southwest Florida International Airport, Fort Myers, Florida General Aviation-Wanda F. Fulmer, Mark Anton Airport, Dayton, Tennessee Airport Safety Naples Municipal Airport, Naples, Florida 9 'd~ ,: '...,. ~ .. . ":, t~~ ~ ~" .> > "ioIIJ ~~~rJ.e 11.1111, ~w ". » Extension of AlP » New Civil Rights Officer » Reinventing government » Unannounced security testing » Runway incursions » FAA navigational aids » Y2K » New documents ~ Airpòrtopics . Change 12 to AC 150/5370-10A, Standards for Specifying Construction of Airports. dated 2/22/99. . Change 3 to AC 150/5340-14B., Economy Approach Lighting Aids. dated 1/26/99. Airport Master Records (FAA Fonn 50 I 0-1) are now available through the Internet without the airport sketch at www.gcr1.com. Noise Compatibility Programs We completed an evaluation of the implementation of noise mitigation measures included in a Part 150 Noise Compatibility Program. Six airports were reviewed in the state of Florida. At these six airports, 70% of the recommendations were implemented and 19% of the recommendations were in the process of being implemented. We believe that this is a representative sample of the positive results achieved throughout the Part 150 process. Runway Approach M,inimums FAA Aviation Systems Standards will no longer deny night minimums when there is an unlighted 20: 1 approach surface peneuation. The purpose of this change in policy is to allow operators time to remove or light the object. This new policy will continue for a least another year. Normally. FAA will not develop and publish an approach category for a new instrument approach procedure greater than the approach category of the existing design aircraft listed on the approved ALP. If an approach category greater than that of the existing design aircraft is desired. the airport owner should express this desire in their request for the instrument approach procedure and must submit an analysis showing that operations by these aircraft may be conducted with an acceptable level of safety. When constructing, reconstructing. or overlaying runways to serve 37 to 50 passenger regional jets '-' April 1999 you generally only need a length of 6500 feet and a width of 100 feet. Any runway length in excess of 6500 feet and wider than 100 feet will need special justification for federal funding. Airport Operators Financial Reports If an airport operator does not submit its financial reports in a timely manner. we are now required to immediately suspend processing applications for discretionary funds for that airport. Requests for extensions will not be considered after the 120-day grace period for submitting the reports. Unannounced FAA Security Testing Vulnerabilities m acçess to aircraft. airport operations areas. and failure to challenge and to display ill have been vividly demonstrated in recent tests at several airports. Airport and air carrier personnel, systems. and policies contribute to this vulnerability. FAA Security Division is requesting that airports evaluate the above areas and if it is determined those problems exist. develop and implement a plan to eliminate the problems. FAA has begun unannounced site visits at selected airports to test the vulnerability of the above areas and if determined that there are problems. the FAA will assist the airport consortium in developing A C01v1PREHENSIVE ACTION £LAN. Additional FAA Security testing will be conducted within 45 days after the corrective action plans are implemented to verifY that the corrective actions have eliminated the problems. If you have any questions. please contact Wylie Kilpatrick at (404) 305-6931. Installation of FAA Navigational Aids Listed below are the people that plan, schedule. and install FAA navigational aids on your airport. They also negotiate reimbursable agreements to relocate navaids and generally can answer your inquiries concerning the status and scheduling of navaids. 6 '-" -....J MEMORANDUM TO THE RECORD DATE: March 30, 1999 FROM: Harvey Lincoln SUBJECT: Airport Debt Reimbursement Schedule Attachment 1 is a listing of the Joint Participation Agreement (JPA"s) between St. Lucie County and the Florida Department of Transportation (FDOT) in relation to the purchase of property for the St. Lucie County Airport. At the bottom of the page is a ten year payback schedule to be implemented in the event that the Federal schedule for reimbursement for the land does not occur as planned. Federal reimbursements have not and are not anticipated to be received as planned, so the reimbursement schedule is in effect. The first JPA, WPI No. 4829222 in the amount of$459,166.67 has been paid off. Attachment 2 reflects the payments to date on JP A WPI No. 4829223. It reflects that, of the amount due through FY 2000 ($841,222), S728,570 has been paid, This leaves a balance of$112,652 to be paid during FY 2000, It is currently anticipated that a substantial fund balance will be available in Fund 140, the Port and Airport Fund, at the end of the current fiscal year (FY 99). This will be available to pay the $112,652 due in FY 2000, and still leave a substantial balance, Financial shortfalls may begin to occur in FY 2001, when $1,173,424 comes due, and FY 2002, when an additional $2,834,750 comes due. If currently projected fund balances are left intact, they should cover the FY 2001 payment, and leave a small balance to be applied to the FY 2002 payment. If and as payments from the F ederal Aviation Administration occur and are applied to the indebtedness, it may alter County ad valorem tax supported payment requirements, A proposal made to the FDOT in a December 8, 1997 letter (attached) would either defer the repayments until Federal reimbursement was received, or convert the agreements to grants with a condition that the state would be reimbursed as federal funds were received in accord with the original land financing plan. This would result in no additional cash outlay for the state, and would relieve the County from a potential property tax burden., but no fonnal response has been forthcoming, The question of the proper allocation of federal reimbursements under the original 90-5-5 federal-state-Iocal sharing in light of the repayments in progress under the 50-50 state-local matching arrangement does not appear to have been addressed, and may prove to be contentious at some future date, ,--."....-.. --. ........-... -. ST. LUClEi ;JUNTY PORT AÑÖ"ÄÏRPÖRT' Ãl:JJRrTY f1 ~CM1 JOINT PARTICI~ïION AGREEMENTS FOR LANO A~QUISlïrON INV. SUM. tiSL...- FOOT AMT. PAID TO AUTH......... STATE WARRANT DATE STATE WARRANT Jº-,-- PAY BACK MO/YR AMOUNT DUE TO ...Í...9 JE_ JPA WP..L NO. 4829222 -IQ..b~\...~00-381 A 1 sl,368,553.50 10/05/87 0595519 10/97 s 456,\84.50 2F 8 1 91\ 6-..dQ. 1/19/88 1351\193 1/98 2 ,L.9_I:t<...~~, 51,377,500.00 '5 459,\66.67 JPA WPI No. 4829223 Job JiQ..._ 94000-38?..! 1 $ 52,823.33 4/25/89 2242251 4/99 5 17 ,.607 .78 2 293 , 191 .50 7/21/89 0083200 7/99 97;730.50 3 227,648.00 3/28/90 2146077 3/00 75,882.67 ¡ 4 1,950,000.00 4/25/90 2384299 4/00 650,000.00 5 34 ,650-.00 10/19/90 0870639 10/00 11,550.0Q 6 1,748,850.60 2/06/91 1744367 2/01 582,950.20 7 1,736,770.00 3/05/91 1973956 3/01 578,923.33 8 256,066.57 5/20/92 2640218 5/02 85,355.52 1,903,933.43 5/20/92 2640219 5/02 631\,6~1\ .-18 9 1 , 11 1 ,925 .59 6/25/93 3058814 6/03 370,64 \ .86 10F 359 , 1 ~O .98 4/07/95 2544970 4/05 _ _\ \ 9 ,7 I 3 .66 59,675,000.00 53,225,000.00 ]PA WP¡ No. 1\829225 Job No. 91\000-384 \ \ 5 386,966'.40 \/30/95 1850327 1/05 s \28,988.80 2F 75,533.60 t/07/95 2544970 4/05 _ _ _ _:?j_,J...lL,--S_<2 5 462,500.00 s \51\,166.66 3PA_ WP ~.Q..!_ 4829238 Job No ,_.Y!QOO -385~ IF 56,344,250.00 5/19/92 2625387 5/02 s 2 , 1 1 4 , 750 .00 J PAW P J.....JiQ...., 4829267 Job NQ-L- 9AOOO-;;li!Z~ 1 5 686,090.38 8/05/94 0226510 8/04 s 228,696.79 2 449,317.05 10/21/94 0960504 10/04 1~9,772.35 3 742,690.90 10/2.1/94 0960504 10/04 247,563.63 A 781,037.61 2/01/95 1876766 2/05 ?60,345.87 5 303 , 150 .48 2/01/95 1876765 2/05 10\,050.16 6 723,556.98 4/04/95 2506383 4/05 241,185.66 7F 3.A49~&Q 4/04/95 2506381\ 4/05 -1J.l.~9_L98_~ ,-~1. 57 . 135 ,800 .00 52.378,600.00 )PA...J:æ..l No. 4829283 _ Job J::!.Q.\.. 9Ii.QQQ-3fi..9~1 IF 52,000,000.00 6/27/95 33~9436 6/05 ( 6 Ó , 6 6 (, . 6 7 526,995,050.00 - - - GRANO TOTALS - - - s8 ,999,.350.00 ST. LUCiE COUNTY PORT AND AiRPD?T AUTHORITY TEN (10) YEAR PAY BACK DUE BY FISCAL YEAR ONLY IF FEDERAL REiMBURSEHENT ~ 90% HAS NOT OCCURRED FIRST 10/97-9/98 10/98-9/99 10/99-9/00 10/00-9/01 s 459,166.67 ~ 115,338.28 ~ 725~882-67 ~1 ,173.423.53 10/01-9/02 10/02-9/03 10/03-9/0A 10/O·~-9/05 s2,834,750.00 s 370.641.86 s 228,696.79 s3.090,....50.20 - '-' ""'" IhT'lJz-t~}J[' 7- The county was scheduled to begin paying FOOT back for JPA WPI No. 4829223 beginning April 1999, In actuality, we began paying FOOT for this JPA WPI March 1998. The following schedule is an accurate report of what is due and what has already been paid: Amount Due Amount Paid March 1998 July 1998 $335,849 $392,721 April 1999 July 1999 March 2000 April 2000 $17,608 $97,731 $75,883 $650,000 $841,222 $728,570 Amount Due April 2000 $112,652 Fla Oept of Transportation Airport Payback WPI 4829223 8e<:¡in Sal Per Schedule from State Auditor General 12116/97 Date Parcel Number Fed AlP Amount Paid Check Number Begin Sal March 6, 1998 March 6, 1998 March 6,1998 July 2, 1998 6 RH1 6 5 18 S159.353.60 18 517,141.73 18 S159,353.60 19 S392,721.oo 224207 224207 229488 Balance Due S3,225,OOO.00 S3,065, 646. 40 53,048,504.67 S2,889,151.07 52,496,430.07 - - "'-,~ .3 ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY ~ ""';íJ7tZ. frYr1 ~ PORT Of FORT PIERCE· 51 LUOE COUNTY INTERNATIONAL AIRPORT Port Director CURTIS KING Airport Dircdor December 8, ~997 ... _. M :"-¡-,"-:GF- ANAr:::;'''';'-:'~I- ... <:>, - . .......... ~~. Mr. Wi~~iam J. Ashbaker P. E . Manager, Aviation Office F~orida Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 I , I l.."':'J I I 1997 _ 51 LUCIE COUNTY FLC'F.,_ Dear Mr. Ashbaker: Re: st. Lucie County Port And Airport Authority Land Acquisition Joint Participation Agreements With FOOT Since 1982 the Florida Department of Transportation has worked very cooperatively with the st. Lucie County Port and Airport Authority in a mutual effort to ensure that sufficient land is available to meet the long term growth needs of our airport. In ~986 a decision was made by the Authority and supported by the FOOT to purchase all of the land that the Airport Master Plan recommended acquiring. This decision was made so that the capability of expanding the airport to its ultimate build out would remain intact even though it may take forty to fifty years for full buildout to occur. It was reasoned that if the Authority owned the land then the airport could be expanded incrementally according to future demand as it came about. The Master Plan, with several amendments, recommended the acquisition of approximately 2,800 acres of land. The original airport consisted of about 1,400 acres. The total of 4,200 acres would be enough land to provide the recomme~ded clear zones and approach protection zones as defined by FAR Part 77. There would be adequate room for a commercial size terminal area and approximately 1,000 acres for airport development land. The airport development land was intended to be leased to aviation related industry to support the expense of operating a large airport. The first land acquisition project for the airport was completed during the 1987-88 fiscal year. Since that time about 2,300 acres has been acquired. When the land acquisition program began it was anticipated that the Federal Aviation Administration would reimburse both L~e Authority and FOOT within a much shorter time frame than what has actually occurred. We have received FAA JOHN D. BI1UHN. Out"", No 1 . ŒN $l\Tll.::.<" D;.nic: No, ~. PNJL^ ^ LEWtS. Dà<rc No. ) . GN<t 0, CHAQUS. SR. Oi.u>ct No, ¿ . OJfF B/>J1NES. Ddoid No, S 'BOO Virgini., Avcnue . Fort PKrcc, i1. 3498~,5652· Phoo<: (561) ~62-1732 . FAX (561) 462-1718 . Suncom 259.1732 /> / '-' ...., ,¡ / William J. Ashbaker December 8, 1997 Page Two reimbursements for land that was purchased under WPI #4829241 which was an up front grant. We have used these reimbursements as matching funds under the FOOT 75%-25% land acquisition program. Our last reimbursement under this project has occurred and we are now beginning to receive reimbursements for land purchased under the 75%-25% program. Our paybacks to FOOT are scheduled to begin during this fiscal year (1997-98). As everyone in the aviation world is aware, the Federal Government has drastically cut the AlP Program. AIP has been cut by about $1.4 billion dollars over the last four years from what it would have been under previous spending levels. Consequently, our land reimbursements have been much lower than what was expected. The cuts in AIP have·dramatically slowed airport development throughout the whole country. We have every reason to believe that the FAA will eventually reimburse us for our land acquisitions. However, it will take much longer than originally was anticipated. We believe that it would be in both the Authority's best interest and FOOT's if our obligations could be postponed until FAA reimbursement does occur. The purpose of this letter is not an attempt on our part to get out of paying FDOT what we owe. We want to pay back FDOT. In fact we have recently received an FAA land reimbursement in the amount of $635,000 which will be applied toward what we owe. We believe that FOOT would realize a much greater benefit from FAA reimbursements than if we were to pay a 25% share to clear up our debt. Attached is a breakdown of the Authority's land acquisition transactions. as they have occurred. At the bottom is a schedule of the 25% paybacks. In rounded figures we have entered into 75%-25% JPA's totaling $36,000,000 requiring a payback. Of this amount FDOT's share is $27,000,000 and the Authority's share is ,$9,000,000. If we were to pay $9,000,000 to FOOT to make a 50% matching fund project, then FOOT would receive $9,000,000. But if we can postpone the payback until we are reimbursed by FAA then there would be the potential for 2DOT to receive back their entire investment except for 5% of the total cost of the land. There would be the potential of being paid back $25,200,000 ($27,000,000 less $1,800,000) . '-' 'wi William J. Ashbaker December 8, 1997 Page Three Our latest pre~application with the FAA includes almost $9,000,000 (before our recent reimbursement) in eligible reimbursements that will be paid to FOOT as the reimbursements are made. Attached is an Exhibit A Property Map for the airport which shows the e1igible property. It is colored dark green on the west side of Runway 9R. It is clear 'zone and approach protection zone property that has a hig~ priority for reimbursement. We are in the process of a development of regional impact study and an environmental assessment report for constructing the first phase of Runway 9L-27R. The environment assessment has been completed but has been put on hold for review by the FAA because of a present downturn in traffic. However we are continuing with the development of regional impact study. With some flight schools that are coming on line at the airport we expect the traffic to increase again and that the new runway will be needed perhaps shortly after the year 2000. Much more land will become eligible for reimbursement when this project is approved by FAA. Also, as more infrastructure is completed and more,land is leased to aviation enterprises more land will become eligible. We believe that it will be mutually beneficial to FOOT as well as to the Authority to be able to postpone these debts. What we are proposing is, that since we operate a General Aviation Airport, for FOOT to replace our JPA's requiring a payback in ten years with JPA's that require a payback as FAA reimbursements occur with no time limit. . We understand that the new land acquisition program could be interpreted so as to allow this to be done. As an alternative, we would propose that the current JPA's structured as 75%-25% loans be converted to grants. We would suggest that they be converted to 75%-25% grants, within the limits of the currently authorized 80%-20% grant program. No funds would be required to take this action. As a condition of this action, the Authority would agree to transmit all federal AJP funds made available relating to this land acquisition program to FOOT until the FOOT receives its full share under the Federal 90%-5%-5% federal grant program. Since there is already approximately $9,000,000 eligible for reimbursement, FOOT would get a least as much as it would by converting the loans to 50%- 50% grants, and would stand to recoup some $16,000,000 in addition as the reimbursement program was compieted. / '-' ''wi ./ William J. Ashbaker December 8, 1997 Page Four We would appreciate the opportunity to discuss this matter with you in anticipation of arriving at a resolution that is in the best interest of FDOT, the Authority, and the Aviation Community. Sincerely yours, /f ' ~. ~{'¿'tt:;; , ./t:;~ L Curtis King Airport Director CK/hs cc: Port and Airport Authority County Administrator Assistant County Administrator County Attorney Management and Budget Manager Interim Port Director Russ Tagliareni, FDOT Aviation Centra1 Office Harry Downing, FDOT District 4 '-' "'" Development of Regional Impact (DR!) Chronology Background A Binding Letter of Interpretation for Development of Regional Impact Status was issued by the Florida Department of Community Affairs (DCA) to St. Lucie County on January 22, 1987 regarding St. Lucie County International Airport. This letter concluded that the extension of Runway 9/27 by 1,500 feet to a length of 6,500 feet was not a DRI. The letter also concluded that the runway extension "shall be considered cumulatively with any future additional development." Nov. 1990 Dec. 1990 Feb. 1991 Aug. 1991 Nov. 1991 May 1992 Oct. 1992 Dec. 1992 Apr. 1993 The St. Lucie County Port & Airport Authority (P&AA), after considering the implementation of the 1984 Airport Master Plan, concluded that additional development is of regional impact. Thus, a DR! should be prepared. In addition, the P&AA concluded that to determine the [mancial feasibility of relocating the airport, an Alternative Site Analysis should be completed. The P&AA approved a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT). This JPA for 50% funding of the project was for $150,000 of FDOT funding and $150,000 of BOCC funding for a total project cost of $300,000. The JP A and Resolution 90-35 (see Attachment One) approved the development of a DR! based on the ultimate build out of the Airport as indicated in the 1984 Airport Master Plan. (see Attachment Two) As a result of Greiner's work with the approved 1984 Master Plan and a perceived conflict of interest for Greiner, the P&AA disapproved Supplemental Agreement No. 19 for $185,130 to the Greiner engineering contract dated January 18, 1988 for the preparation of a DR! and for the preparation of an Alternative Site Analysis. P &AA authorized the Airport to advertise for proposals from firms to produce a DRII ADA and the Alternative Site Analysis. P&AA approved the ranking of firms for staff to negotiate with for the preparation of the DRI and the Alternative Site Analysis. P&AA approved Phase I to Aviation Planning Inc. for $126,610 to conduct an Alternative Site Analysis. P&AA voted to tenninate the Aviation Planning contract because ofthe consultant's failure to keep the planning team together. P&AA authorized staff to negotiate with the number two firm, Williams, Hatfield, & Stoner. P&AA approves the updated Airport Master Plan. (see Attachment Three) FDOT stated that they would not support any relocation of the Airport from its current location. (see Attachment Four) The Federal Aviation Administration (FAA) stated that they would not participate in any Alternative Site Analysis as the existing site has not been maximized. The FAA stated they would participate in an Environmental Assessment (EA) for the proposed paralld runway. (see Attachment Five) P&AA rejected the $160,000 proposal from WH&S to conduct the Alternate Site Analysis and directed staff to conduct the study in house. May 1994 Jul. 1994 Sep. 1994 Jul. 1996 Sep. 1996 Oct. 1996 Feb. 1997 Mar. 1997 Apr. 1997 May 1997 Sep. 1997 Apr. 1998 Aug. 1998 Oct. 1998 Dec. 1998 '-' ......, FDOT states that state or federal funding would not be available for the relocation of the existing Airport. (see Attachment Six) P&AA accepted the Analysis of Alternate Sites prepared by Community Development. The Analysis recommends that all Airport development remain at its present location. (see Attachment Seven) P&AA approved terminating the existing RFP with all the firms for the Airport DR! and negotiate with Greiner to prepare the DR!. P&AA approved Supplemental Agreement No. 16 for $279,587 to the Greiner engineering contract dated June 3, 1991 for the preparation of a DRI/ADA for the Airport. FDOT increases funding participation by $30,000 for the preparation of the DR! to $180,000 for a total project cost of $360,000. This increase will cover the RP~'s review costs. Greiner submits the ADA for the DR! to the RPC for review. RPC notifies the P&AA that the ADA for the DR! contains insufficient information for the RPC to perform the regional impact assessment as required by Florida Statutes. P &AA approves the scope of work with TRCC to prepare an Airport Business & Marketing Plan. P&AA approves the Airport Business & Marketing Plan mission statement and goals. (see Attachment Eight) Greiner submits the ADAlDR! Sufficiency Responses to the County and the RPC. RPC notifies the P&AA that the revised ADA for the DR! contains insufficient information for the RPC to perform the regional impact assessment as required by Florida Statutes. Greiner notifies RPC that the P&AA is in the process of substantially revising the scope of the DR! and additional time is needed. P&AA approves an $43,500 increase in FDOT participation to $223,500 for a total project cost of $447,000. This increase is for rewriting the DR! to conform to the amended Master Development Plan for the Airport. P&AA requests proposals from the Airport's four consultants to evaluate the Airport Business & Marketing Plan and develop a cost estimate to obtain permits for all of the projects listed in the Master Development Plan. FDOT notifies the P&AA that a request for consultants to submit a cost breakdown is a violation of the Consultants Competitive Negotiations Act (CCNA) which states that "the agency may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations." After clarification of the request by the County Administrator, FDOT approves the consultant's selection process. RPC extends the time to respond to the second round of sufficiency questions to August 2, 1999. .. tt:> ' !! ~i~ Ii E-<....... ON I J ~.: i I u z ill! ! :j III! ç.i¡..... ~ I< il 60> E-<~ .. ì! I~;¡ æ ç.i¡O O. ~~ i1í ;¡e ~ i¡¡¡ iIi ij¡ ~ ç.i¡ «¡;¡ ìi n ~I ; B~ 0...0 ::r::....... Z~ ~~~ ~ z íJ} r§¡ i ~¡¡¡ W ~ E-< Po. or I, ~ ;j 0 W g 1:\ ~I U !II 0... ~ !!l ~ J I Ii il '" J ....... ilil ~ ;: <t: ¡;,;;¡ ,I Ii! .~ ,...:¡ Po. I ,I ~: I iIi ç.::¡<t: 0 ;! ¡ ~ c:: ~' ""'Z Po. uo :;:>""' ,...:¡E-< § <t: .Z E-< E-<~ ....... ¡:o ~ Cf.¡ç.::¡ ....... E-< ::r:: ¡¡¡ Z :><: ø.. ..... ¡;,q <::> 0 <") N . ~ " $ \ .. ,. ~ it " ~ .. ¡c: , " " ~ ~ "~ iÁ h . $ Ú ..¡ ä .; I I. ~I HilJO 01 I \ s . . I W (f) . rJ s: .... I!! II II -(-.. \R- ~<ì {\Ù ~ .î "- ,~ ~ ..:, ~ " ~"'::. .~ J o J..- ç ~ <V ,,) .....;/ ~ 1.082886 ....", Attachment One ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY PORT MW ¡'\h"ìPORT DIRECTOR Sf. LUCIE COU:UY. FLORIDA RESOLUTION NO. 90-35 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PUBLIC TRANSPORTATION OPERATIONS JOINT PARTICIPATION AGREEMENT BY THE ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS. the St. Lucie County Port and Airport Authority has made the following determination: 1. This Authority has sought approval for a Project to provide for the undertaking of a Development of Regional Impact studY (DRl) for ultimate buildout of St. Lucie County International Airport (Work Program Item No. 4829256). 2. This Authority should authorize and approve execution of the ._.. Joint Participation Agreement with the State of Florida Department of Transportation Division of Public Transportation Operations to provide for the undertaking of a Development of Regional Impact Study (DRI) for ultimate buildout of St. Lucie County International Airport. NOW. THEREFORE. BE IT RESOLVED by the St. Lucie County Port and Airport Authority: A. This Authority hereby authorizes and approves execution of the Joint Participation Agreement with the State of Florida Department of Transportation Division of Public Transportation Operations to provide for the undertaking of a Development of Regional Impact Study (DRl) for ultimate buildout of St. Lucie County International Airport. ~ V--oA-"Il-' Rec Fee $ /1) DOUGL^S DiXON , Add Fee S S1. Ltlci~ County D0C T<ïX S Clerk of Circuit Court ~ Depuly Ck:rk gro 7 I 8 PJG[ I 85.3 lnt Tax S ~ ~ T",t,,' ~: / () By ~ ...." B. The Chairman and the Clerk of this Autho'fity are hereby authorized to execute the Joint Participation Ag'feement app'foved by this resolution, and further, the County Attorney is hereby authorized to execute the agreement by approving it as to form and correctness. After motion and second the vote on this resolution was as follows: Chairman Jim Minix AYE vice Chairman Judy Culpepper ABSENT Commissioner R. Dale Trefelne'f AYE Commissioner Havert L. Fenn ABSENT Commissioner Jack Krieger AYE .' ATTEST: " PASSED AND DULY ADOPTED this 19th day of November, 1990.,.;',';:~:, ST _ LUCIE COUNTY .,,;>\'C\:~~-::.. PORT AND AIRPORT AUTHORI1..~..I.·'· .,.. ..,' ,:,;.?~~,;..~",?'," '.,>:~>.~?r <: , .,;~,~'" '.." 'i<~'-:"J . -,,', ........ (),{:...~. ;< tÆ <{;i[,¥J;¿~, k :,:'->~':< .~ ~OEPUTY CLERK a( .:". - .>,.* BY: T APPROVED AS TO FORtI AND il1hlR' COUNTY ATroRNEY !/ :., 1.082886 "5U IE 10 A9 :57 FILED MiD R;-r'nJ;~:¿" ./ OqUGlAS OiXÕÑ"r:;-!-, .....i1,J S1. LUCf~ CnUN1 ~.~- ;': gro7 '8 PAEFf 854 · AJ~ ,. 'T£M ex.. ."'CtAL .'''.0111' ELEvATION 14' Mf". tlAX.MUM Tf....E...TU.E; Attachment Two · A,.t-OttT aCIII£a4t:·f'([ S.....LI: A'.P(HtT TCIt..tIAL ."VAIOS ..., .UU'CMlT "(F["E,," POUlTS LAT. Z' CootlD.....n:S '''.''1 LONG.' · . SOUftCE, F.A.A. "D- C QSUM(S TMfI££ ",w CLOKDt ~ ---....... I .I .....ue K4U: lei ~n II -F ( k~ ~~';.:£'1 ......-.... "-II _::C ·L· - - · --_J · FllTUfI_ FOR. -- -----1 UNDE_____ __ fOff CLfAR ZONE OIMENSIONS Sff SHEErs 6 , r 0' .If · · "- " " \ \ \ \ I . ---+ - I I I '" ' roo I L".. . · '" · II II · A L · - :, · · ___, --- · ,.,. .-Zf "'M-II ""'4-U .,. ..... !!..!!!! ....,... -... -... ....... .., -- ..... .o. nod 4-22 LOfl G -RANGE "'..- IS RUNWAY ... "(VlSlOtIS IT ...........n: -- oa_ ",. ..n . M-II .,. .-ar. 4421 IfhI ....,. ...... -... ...0 .. -... u... .......,...... Gn!InerEtIgl1et!f'ÎiIg Sdenœs.h:. ___ _Il_ ........ · -,,-, . CALlI 10,. aø ....... tLYO'I. t~........... .-..0.... AIRPORT LAYOUT PLAN .... ,.-.- VI_ ST. LUCIE COUNty INTERIIATIOIIAL AI"PORT ....T NIICC. ........ .i .....x: IIAT....... G.IIIA'''C CUlT". nAT": wa' NUl _.&ell. ptatOO: ...-.... ........ ., ....."...: IOþSO - --. 1 - ----!!!!L- - ~ ..... ..c..". .............. -¡¡;¡-- ..,..: ...... SNUT NO. .. 14 II . II . III · II II · II · II !II · · · · · · "r. LEGEND \!!IIII!i œ!& -... - NOf't:wrr 'tOM ACOUIfI(D .....nDII!ASr..T ""'IIILO flMCtKIff --------- I!!!!I!II!Ii!ã ---- ---- ...........1tØTIICT.. Lilt( -..... .,--......,- _.- ""US....,........" . LUS( UlCS -- ....,....ICJfT.tO. ..aJÍOCICD 011 _MOICD ---- ---- -,~.~= -..-..- ~u c: =- "£:.:j....u NOTES MI. ,......'IS.................u.. -,,",",c· a'"" ,. ....,..... M.A. ('ft.. .." .....WUroW'.....,...___...... CAHaJn. ~ .......IrII:a.ftG;... -.-:t "to ,............. ..... ___. --. ........... .... MID CUM ~. ~ ...,. PM ~ .... -- .UY....C ltU.....oa .PWJr'fIOtfIOC1'lwno. ...... ~MI~_-..c:r1'O DÞMAD ... ..- ..... _Of ......~..... ......... - -- I -- - LAIIÐ JlCtwllI£D ,ØIt ANItfJACN AIICAS U/l!JDCII CALT1IIATC CAPA/llLlrr 1.....- i .¡ 1= .1 5 --+ - \t . .,~ . \'''''0 ~ -d--·--:=æ .....- -- -- " -- -^ -- t ~ ,...____.L_ + ~ . ì jl ~..._< 'K.~( _ "(1 AIRPORT DATA .T._ ."........""-! , _u:_·,....· lUIS'*' rUT,," II"'( .. ...... - ..... . .... - ,....c'... _...__ ....... ........ øec.'. -.-... ........ .. ............., "" -. - - ~."c~,,_,,1"W Þ'W, - - --- .__,__I-'¡' .,.....,'M".. "- "- --- - --..-...~.. - -- .- ....... .- --- ~ ..... "-.- w.. -- - w.. --- - w.. -..... "·,,,/n-lOtl "-»""1.._'" ___ c...__c_ -. _c~. - _CAt. _c--, __n c~.--, _.-1 -'''".._a ,..,.... ... _ _..ttt.u~ ......'....._, U·'·_ ,., .. .,.. .'. --- ......... ,1'(. .uc.............u..,... -- ...- ............ __'6C......··cr....... _1'1"__ -, "'"...,...,. '.......,. --. 6=,.1.:::,:r:- =.J:~~.:'c.":o-:. or'M¥IiIC' (IllS'... f'U'UIt( u_ ,.... i~., -. ~::..':;.~..~'I.. '."ØI,. ..... .... _co. L'" ~n·.'-"· L_ ...Ui..·. Attachment Three _._- ----- ---- Ulf...AT - - .... w.. ST. LUCIE COUNTY INTERNATIONAL AIRPORT MASTER PLAN AIRPORT LAYOUT PLAN EXHIBrT 8.1 ~ """ OF TRANSPORTATION IAW1'O" C"IIZ.S QOWIII'IOR -::. DEPARTMENT - - -- - - -- - 605 Suwa"""" 5trttl Tallahas.o;e.,. norida ~2~0450 am G. ."TIS ~~~rJ.VEU ~~.~;; I; ", íj t ~a ~ ,u"",;~1!...f , fa. OCT 20 1992 October 16~ 1992 PORT AND AIRPORT Mr. Curtis King Airport Director St. Lucie County Port and Airport Authority 2300 Virginia Avenue~ Room 104 Fort Pierce. Florida 34982-5652 51. lUC:E COUNTY, FLORIDA Attachment Four Dear Mr. King, We have reviewed the September 16th letter from the Honorable William' G. Thiess, Mayor of St. 'Lucie Village~ to Commissioner Judy Culpepper that expresses opposition to St. Lucie County International Airport improvements. The Mayor's proposals for alternative airport siting or alternative airport configuration and operating policies are not feasible with current environmental regulations and available aviation funding. As such, they cannot be supported by the Florida Department of Transportation. A proposal such as relocating St. Lucie County International Airport~ faces environmental, political and financial barriers. The cost alone would be prohibitive. And, due to prior legal commitments to the Federal Aviation Administration and the State of Florida, the cost would have to be funded entirely from local government sources. St. Lucie County International Airport has a well-though-out airport master plan that has been approved by the Federal Aviation Administration according to federal requirements. It describes improvements necessary to provide needed air transportation services to the businesses and residents of St. Lucie County and the surrounding region with minimal impact on the environment. Following the Plan's recol9mendations will provide necessary current and future airport capacity at far less cost than building a new airport. With individual project approvals, these costs will be eligible for federal and state funding. The proposed reconfiguration of the airport runways would require significant changes'to the airport master plan and subsequent approval by the FAA. The Department would oppose these changes because they degrade the airport's operating capability with an attendant decrease in capacity. The Mayor's proposed night time operating prohibitions are solely within the FAA's authority to establish. The Department can not~ however, support these restrictions as they also will degrade the airport's operating capability and capacity. Airport runway directional orientation, displacement, length and use are functions of aircraft, airspace and meteorological operating requirements detailed in the master plan. Redesign of an airport's basic configuration such as requested by Mayor Thiess must be justified using the same aeronautical operating requirements. It is the Department's position that a · . ~ ...., Mr. Curtis King October 16, 1992 Page Two redesign to accommodate Mayor Thiess' requests would not support the long term operating capability and capacity requirements projected in the Master Plan. A master plan also considers existing land use and development in establishing runway configuration. While the east-west runway orientation is aeronautically necessary, it is also more advantageous in avoiding impacts to existing land development in the airport's overall vicinity. St. Lucie County has a FAR Part 150 study that identifies incompatible land use based on airport noise exposure using recognized national standard guidelines. U sing these federal guidelines, noise exposur.e levels incompatible with residential land use do not extend into any portion of St. Lucie Village. either currently or for fu~ure operations. Run way reconfiguration will not result in a significant decrease in size of forecast noise' exposure levels in the Village but will likely result in instances of incompatible use in areas where the exposure levels will increase. Overflight of the Village will certainly occur when aircraft operate on an east- west runway as occurs now and will in the future, regardless of run way configuration. East-west flight however, spans the least distance across the built-up area represented now by St. Lucie Village. On this flight path, an airplane as a potential noise source, exposes the built-up area for the shortest possible time. Runway redesign may reduce these overflights, but will result in longer overflights of far larger built-up areas north and south of the airport. I hope these comments make the Department's position concerning Mayor Thiess' proposals clear. Please do not hesitate to call me at (904)488-8444 if I can answer any questions or provide additional assistance. fty 1/ ~ William . Johnson. A.A.E. Managel' A viation Office cc Mr. Charles Blair, Manager Orlando Airports District Office, FAA Mr. Rick Chesser, District Secretary, FDOT Dist IV '-' 'wJI RECEIVED Attachment Five DEC 22 1992 o U.S. Department of Transportation Federal Aviation Administration PORT AND AIRPORT Orlando Airports District Of tSldtWCIE COUNTY.f1DiUOA 9677 Tradeport Drive, Suite 130 Orlando, Florida 32827-5397 December 16, 1992 Mr. Curtis King Airport Director St. Lucie County International Airport 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Dear Mr. King: This is in response to your letters of June 24, 1992, and October 9, 1992, concerning a Preapplication for a site selection study and a request for review of a revised Airport Layout Plan (ALP) as it pertains to land identified in a Land Acquisition and Use Feasibility Study Report, respectively. Preapplication - Due to the existing Master Plan and the Draft Master Plan/ALP currently under FAA review and coordination, it is not appropriate at this time to embark upon a site selection study for a new airport. We do not believe such a study is necessary and it is, therefore, not eligible for Federal funding. However. if you wish to pursue a project for an environmental assessment for the proposed parallel runway which would include all feasible alternatives, we could be receptive to considering such a project when funds become available. Revised ALP October 9. 1992 - By telephone on December 10, and 15. 1992, you requested an immediate advance approval to add additional land to the ALP which is currently under review and coordination by FAA. As far as your october 9, 1992, submittal is concerned, our preliminary review indicates no problem with the proposed land acquisition from an ALP approval standpoint. None of the above comments are to be construed as a commitment of Federal funds. J W. Reyno ds, Àssistant Manager LAWTOl'O C"IUS <iOvt'RI'OOR ~ L-I' - - - - - - .- - - -- - DEPARTMENT 'wi J>;JÞ ~~ OF TRANSPORTATION 60S Suwannee Street. Tallahassee. nor1da .32.399.()4S0 Hf.I'O <i, WATTS St:CRf.TAKY Aviation Office. MS-46 April 26, 1994 ::~E~E~\f~:'Ð ~ ·L¿~··/ "J 1:r.:~~'; . . . . ~ _..': :.'~:.~_\-(:_J.!,,~.~·.,:ji'. Mr. Curtis King Manager St. Lucie County International Airport 2300 Virginia Avenue Ft. Pierce. FL 34982 Attachment Six Dear Mr. King: My staff has evaluated St. Lucie County's study of potential new airport sites to relocate St. Lucie County International Airport. St. Lucie County conducted a thorough and professional study. You adequately addressed the issue and we concur with the conclusion that it is not cost -effective to relocate the airport. Further. the Florida Aviation System Plan. which is both the aviation component of the Florida Transportation Plan and the State of Florida's input to the FAA's National Plan of Integrated Airport Systems (NPIAS), does not indicate a need for a new airport or for relocation of the existing airport. In other words. it is not likely that state or federal funding would be available to assist with such a relocation. We congratulate you for your hard work to develop St. Lucie County International Airport to its full potential. The citizens of Ft. Pierce and surrounding communities in St. Lucie County will enjoy the substantial economic and transportation benefits of your fine airport long into the future. Sincerely. ~.. '1 ?¿ . I I I.' í ' ~l¡} I .. Willia J. Ashbaker. P.E. Administrator Aviation Development cc: Nancy Bungo. District 4 Public Transportation Manager ... ~ ¡(¡\FlECYCLED J I I I I I I I I · I I I · , II PREPARED BY: COMMUNITY DEVELOPMENT DEI . TECHNICAL SERVICES DIV. · I I I - 1iEiiiEe. iii5!ii!.c. -- - .... ...... J. Attachment Seven ,---- - --- -- --~._-- ---.----. ------ ----- j I r-- -- -_~_ lLJ Z ' o N I , u 0 « 0 o N 0:::: ~ D- D- « , o o , o o o , o o Q) 0:::: r--- N 1----- '- ---'--- Æ2 . I ìR~~S1110N~l ZONE o . EXISTING AIRPORT ULTIMATE BUILD-OUT RESIDENCES SUBDIVISIONS * PRIVATE AIR STRIPS  TALL TOWERS EXHIBIT 16 ~, ~ ~ - ~ ~ ~ ~ , ~ , , 1 ~ , , , " I '-" '....I Attachment Eight ST. LUCIE COUNTY INTERNATIONAL AIRPORT 1998 - 2002 BUSINESS AND MARKETING PLAN WITH A 2010 PLANNING HORIZON "..<;.~'~::::.:~, ,'/;,.. \ Ý"" r· ~-"':'" ,'~;~~~~Æ{~:', ,.( "~" - '. -'. -. .'" '\<','~F£ii,i \~:~~ ,', Ii " ^"~:~-';-~'::"',~ // /'~! !'"'~,....,~ ~ // ""->-.>?_ ~.l r~ \\-!....~:<. ' - "'-. ::_:..-.::~..::~ -- .- Submitted to The St. Lucie County Port and Airport Authority 2300 Virginia Avenue Fort Pierce, Florida 34982 Submitted by The Airport Business Plan Committee November, 1997 I "". .....,; I ST. LUCIE COUNTY INTERNATIONAL AIRPORT BUSINESS AND MARKETING PLAN I EXECUTIVE SUMMARY I I The airport business and marketing plan establishes a mission statement as well as goals and objectiyes that provide the guidance necessary for effectively managing the airport in the most cost effective manner possible over the next five years. The mission of the Port and Airport Authority is to operate and manage the St. Lucie Count}· International Airport to serve general aviation and the air transportation needs of the community on a fmancially self-sustaining basis, generating full use of Authority-owned properties for commercial and industrial business. I I While the business and marketing plan has a 5-year time frame. it also includes an Airport Ca¡:>ital Improvement Plan (ACIP) coyering a twelve-year span that coincides with the time frame for the newly modified scope of the Development of Regional Impact (DRI) study. Overall, the Business and Marketing Plan and the ACIP outline a development program which will make the S1. Lucie County International Airport a first class executive general aviation airport that acconunodates small conunercial jet and/or turboprop scheduled service as the need is presented. The plan limits the use of the airport to the type of aircraft already using the facility, therefore eliminating a need for strengthening the existing runway. The plan also identifies ways to improve the airport's perceived image, operating efficiency and revenue generating capability while minimizing environmental impact and mitigation requirements. I I I I EXISTING OPERATING ENVIRONMENT St. Lucie County International Airport"s runway system, instrument approach capability. and supporting infrastructure make it comparable to other airports located in the Southeast region. The airport is presently classified in the National Plan for Integrated Airport Systems (NIPIAS) and the Continuing Florida Aviation System Planning Program (CFASPP) as a general aviation airport. Inclusion in both the National and State plans qualifies the airport to receive funding assistance for eligible capital improvement projects at various funding levels. I ! The airport offers a full range of aviation services including fuel sales, airframe and power plant repair. avionics sales and service, aircraft painting. aircraft rental. air taxi and charter service. and flight instruction. It also has a federally operated control tower and a customs facility. The entire airport site is designated as a general purpose foreign-trade zone (Zone #218). Within the past year, the Micco Aircraft Company (formerly The New Meyers Aircraft Company) has begun production of a two-seat. high performance single-engine aircraft. Other aviation related companies have also indicated a desire to locate at the airport. ] I I Over the past 10 years, the Authority has purchased approximately 2.300 acres of property in a joint land purchase program with the Federal Aviation Administration and the Florida Department of Transportation. When added to the airport's original 1,400 acres, nearly 3,700 acres are available for airport infrastructure, industrial/conunercialland uses, and areas designated as buffer zones to other adjacent land uses. In total, it is estimated that approximately 720 acres of Authority-owned property are available for light industrial/conunercial, and aviation related development. I I II ~ ......, · q Development of Regional Impact (DR!) and Envirorunental Assessment (EA) studies have been on- going over the past two years. The DR! study was to project long-term demand (20 to 30 years) for an airport infrastructure and address the social, economic and envirorunental impacts of an additional parallel runway, as well as other supporting airport developments. The focus of the EA was to address the envirorunental impacts of a new parallel runway north of the existing main runway. On September 19, 1997, County staff introduced a modified DRI plan which covers a period of 12 years. This modification, which was approved by the Port and Airport Authority on October 7. 1997. contains a reduction in total envirorunental impacts and presents a more realistic planning horizon when considering the present level of activity at the airport. At the same time. the EA was temporarily postponed by the FAA due to the current level of operations at the airport. · · II MANAGEMENT AND OPERATING ISSUES · OPPORTUNITIES FOR IMPROVEMENT The ABPC identified several areas of the existing operation that presented opportunities for improvement in support of the mission statement, goals and objectives. I I Redefinine the Scope of Airport Development Discussions within the ABPC produced a consensus that the high level of aviation activity projected in the original DRI will eventually occur at the airport, but not within the near-to-intermediate time frame (five to 15 years). Since the business and marketing plan and the ACIP cover a period of five years and twelve years respectively, the ABPC agreed that the focus should be on improving the operation and quality of the existing facility. II II Capitalizin2: on Existine Revenue Sources The ABPC concluded that the leasing of available property for aviation and industrial/commercial development is a top priority for the airport to achieve financial self-sufficiency. The ABPC is recommending that staff make ready-for-Iease 265 acres of airport property. I Streamlinine Existin~ Leasine Procedures The ABPC found that the existing procedures for leasing Authority-owned property are somewhat cumbersome and time consuming. The committee consulted with the County Attorney and made recommendations for the Authority's consideration to improve this process. I I Developin2: a Standard Lease Packa2:e - Consistent with "streamlining" the leasing process. the ABPC is recommending that a standard lease package be developed by staff. This package would not only provide a standard source of lease information. but also serve as a marketing device in attracting new lessees. I AlJowine Commissions to Real Estate Brokers - The ABPC recommends that staff develop. with the approval of the Authority, conditions under which qualified real estate brokers could earn ~ commission for introducing and securing a lease agreement on Authority-owned property. The ABPC believes that the network available to the real estate profession could be very effective in getting more acres under lease in a shorter period of time. I I I 11 I '-' ....., Updatine Airport Minimum Standards and Leases Minimum standards were developed for the airport in 1978 to create a fair and competitive business environment. Since that time, the airport has matured and seen many changes in the operating and regulatory environment warranting a review and update of these standards. Changes in environmental legislation and regulation also make it necessary to review and update the airport's leases (0 assure that the lessee and the Authority are adequately protected. and that each has a clear understanding of their responsibilities. The ABPC is recommending that the airport minimum standards and leases be reviewed and updated accordingly. Identifyin~ Proiects to Improve Air~ort Aesthetics and Imaee The ABPC visited the airport for a briefing on past, present, and future capital improvemem projects and to develop a first-hand impression of the facility in terms of general aesthetics. For the air traveling public, the airport is the first. last. and sometimes the only element upon which visitors base lasting opinions about the community. The Committee discussed their views on what they s~\\'. and identified several areas of the airport that need attention. The ABPC is recommending that staff develop a program that systematically addresses each of the areas identified. Realienine Manaeement and Staffine A recommendation is being made to have one director for the port and the airport. while incorporating a lower to mid-level operations supervisor for each operation. For the near term. operational needs represented by positions such as the finance/grants coordinator and environmental manager can be accommodated as has been done in the past using existing staff. BUSINESS AND MARKETING PLAN CAPITAL IMPROVEMENTS AND STAFF ACTION PLAN The business plan identifies certain projects and staff actions that focus on improving the operation. aesthetics and overall quality of the existing facility over the next five years. The plan also identifies capital improvement projects over the next twelve years that are consistent with the mission statement, goals and objectives, and the level of activity projected for the plan period. Proiect Costs and Schedule by Fiscal Year Projects identified for FY97/98 are designed (0 improve the general aesthetics of the airport and maintain existing building structures. Staff actions will focus on making ready-far-lease approximately 265 acres of Authority-owned property for aviation and industrial/commercial uses. Local project costs for contract work in the current year are accounted for in the approved FY97/98 budget. The (Otal cost of planned projects in FY97/98 is $1.907.559.00. Projects identified for FY98/99 and FY99/oo cominue the airport improvement theme with landscapmg and signage projects, vehicle control fencmg. and aircraft parking apron rehabilitation. The Authority currently has Joint Participation Agreements (JPAs) with the Florida Departmem of Transportation for the landscaping and signage projects; however. it will be necessary (0 pursue additional state funding during FY97/98 for the aircraft parkmg apron rehabilitation and vehicle control fencing. Staff actions focus on updating the airport's minimum standards and leases. The total estimated cost for FY98/99 is $252,555.00. These projects will be funded with transfers to the capital account. Projects scheduled for FY99/00 continue to improve airport landscaping, signage and vehicle control. The local cost for 111 II . II . II ~ II II II II II II , II , II II III II III III -.., "" these projects is estimated to be SI40.ooo.oo and will be funded wirh transfers (0 capiral. The capital improvement plan for FYoo/O 1 and FYO I /02 identifies the third phase of the landscape and signage projects, and an overlay project to improve the air operations area (e.g.. existing runways and taxiways). The total local cost for Fyoo/Ol is estimated at SI44.6oo.oo. The FYOl/02 cost is estimated to be $92.200.00. Projects for both years will be funded with transfers (0 capital. Projects for the remainder of the capital improvement plan period focus on pavement maintenance and improvements to the operational efficiency and safety of the runway and taxiway em'ironment. These projects would be initiated based on need. local funding capability and the availability of federal and state grant money. In the current year (FY97/98) the Authority has set aside Sloo.Ooo in local match money to accommodate projects when state and/or federal grant money becomes available. This set aside will be available in each subsequent year through the year 2005 when the amount will be increased to $150.000.00 annually to allow for anticipated increases in project costs. The following lists the primary capital improvement projects that are anticipated for the planning period. These projects will be funded by federal, state and local matching dollars. Construct 1.500 foot runway extension on Runway 9R/27L (no strengthening) Construct new 3,700 foot Runway 9U27R (as operational demand dictates) Construct connecting taxiways. lighting, and marking for new Runway 9U27R Develop Authority-owned propeny for aviation and industrial/commercial uses Complete Land Acquisition (approx. 100 acres) within current airpon boundaries (east of Kings Highway) Expand passenger terminal, parking. and apron area as market demand dictales Construct new 10,000 square foot cargo building with vehicle and aircrafl parking areas MARKETING PLAN This plan identifies areas of economic development potential for the airport that require similar. hut separate. marketing efforts. These areas include marketing for the development of: Scheduled commuter airline service · Increased use of the airport by general aviation and corporate aircraft · A viation use property · Industrial/commercial use property The primary alliances identified for assisting staff in administering the marketing plan include: · Enterprise Florida · The S1. Lucie County Chamber of Commerce The S1. Lucie County Division of Tourism · The National Association of Realtors · Other national, state and local economic development orgal1lzatJons Marketina: Strate!!" The following provides a strategy for each of the areas of economic development potential described above. IV II ' ~ II· II II II II II II III II II II II II ~ II II II II '-"' ....., .' Scheduled Commuter Airline Service Development - Staff will develop an air service market profil.: for consideration by prospective airlines to provide commuter service at the airport. Due [0 the fact that the Treasure Coast has a significant northeast presence in the community. a focus will be placed on those carriers exhibiting a strong east coast market and route structure. Airlines targeted include US Airways (US2), Comair (Delta), Continental. and American Eagle. Low cost carriers such as I\.iwi. Southwest, and others will also be contacted periodically as a means of measuring our market with airline requirements. Alliances identified to assist staff in this effort include the Chamber of Commerce, the Division of Tourism. and the PGA. General Aviation and Corporate Acthity Development -- Staff will work with the FBOs and other airport businesses to develop a joint marketing campaign for increased awareness of area amenities and the services available at the airport. The campaign will include advertising in prominent industry magazines that cater to pilots, aircraft suppliers and buyers. and corporate flight departments. to entice them to use St. Lucie County International Airport. Staff will also prepare materials for distribution jt industry expositions such as the Aircraft Owners and Pilots Association (AOPA) Conference. and th.: National Business Aircraft· Association (NBAA) Conference. Staff will coordinate these efforts with the Chamber of Commerce. the Division of Tourism. and airport businesses. Aviation Use Propert}' Development -- Staff will continue to work with Enterprise Florida and the Chamber of Commerce to identify other companies that may be interested using networking and industry conferences as the primary method for making contacts. This method has proven effective in the past. Staff will also develop a lease information package for marketing Authority-owned property. Industrialf Commercial Property Development -- Staff will continue to work with Enterprise Florida. Bureau of Tourism. and the St. Lucie County Chamber of Commerce to target markets and specific companies within these markets. The following markets have been identified by the Chamber of Commerce as desirable and suitable for locating within our community: - Pharmaceutical - Warehouse and Distribution - Agribusiness - Plastics - Biomedical - Marine Manufacturing - Electronics - Sports Related Manufacturing - Aviation and Aircraft Manufacturing The strategy for marketing businesses in these industries will include use of availahle data hases and the Internet. Other contacts will be made as a result of the networking. advertising and exhibition effom" Staff wíll also develop a lease information package for marketing Authority-owned property. The total marketing cost for FY97f98 has been budgeted at SI3.ooo.00. FINANCIAL PLAN The ABPC reviewed the history of airport revenue and expense for the years covering FY~ I 192 through FY96/97. Airport operating revenues have increased from S260.877 .00 in FY91 192 to a hIgh of $560,944.00 in FY95/96 due mostly to increases in the amount of property under lease. Additionally. one large lease payment of $150.000.00 was received from the golf course in FY95/96. The net operating result during this period required that ad valorem subsidy be applied to the airport each year. with the greatest subsidy occurring in FY91 192. v II . .' .~ III , II II II II , II 'I II Q II II II II II II - - '-" ""wJfI Financial Forecast A conservative financial forecast was developed for the airport based on the general assumption that operating revenue and expense would grow at a rate consistent with past economic trends. and that planned capital expenditures would be fully accounted for in each year of the airport's capital improvement program. Break-even Analvsis Earlier analyses indicated that a priority should be placed on the lease of available Authority-owned property to provide a means for attaining financial self sufficiency. The ABPC believes that securing 20 additional acres under lease each year is a reasonable and achievable goal. An average leasehold value of $2,500.00 per acre for industrial! commercial use property at the airport was determined reasonable for planning purposes based on discussions with local area real estate brokers. Success in meeting this goal indicates that, from an operating standpoint. the airport could be financially self sufficient by the year 200 I where additional airport revenue from land leases is sufficient to cover operating costs. It is also estimated that the airport could be totally self sufficient by the year :!005 where additional land lease- revenue is sufficient to cover both the airport's projected operating and capital expenditures. CONCLUSION The plan outlined herein is developed to be financially responsible in providing for airport improvements through the year 2010. It will limit the use of the airport to smaller aircraft and thus not require the strengthening of the existing runway. The use of smaller aircraft and reduction in the scope of the proposed development will minimize environmental impacts and the amount of mitigation required. The plan promotes the development of new commercial and industrial businesses and positions the County to continue receiving State and Federal funding. thereby eliminating the need to repay $9 Million in matching grants related to the purchase of airport lands over the past 10 years. The plan also promotes upgrading existing facilities at the airport and indicates that the airport operation can become totally self-sustaining by the year 2005 if the land lease program is successfully implemented. VI - .. ......- - ---- ~I~/ '-" Ie (J'; Ej) ----- AGENDA REOUEST ...., ITEM NO. --1- DATE: May 18, 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. 99-112 - Urging the United States Congress to reauthorize and fund the National Estuary Program for an additional five years. BACKGROUND: The Indian River Lagoon has been designated an "estuary of national significance" and participates in the National Estuary Program. Senator Torriœlli has introduced Senate Bill 878 to reauthorize the National Estuary Program for five years and is requesting a fifty million dollar appropriations for the National Estuary Program for the upcoming fiscal year. Representative Saxton has introduced House Resolution 1237 to reauthorize the National Estuary Program for five years and provide a fifty million dollar appropriation for the upcoming fiscal year. Commissioner Barnes has requested this office prepare a resolution urging the United States Congress to reauthorize and fund the National Estuary Program for an additional five years. The attached Resolution No. 99-112 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-112 as drafted. ... - -- ~/" '-" ......, COMMISSION ACTION: ~PROVED [] DENIED []OTHER: CONC CE: "'--" County Attorney: .t/~ li Review and AÐÐrovals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eft. 5/96 -- l '-' ...., RESOLUTION NO. 99-112 A RESOLUTION URGING THE UNITED STATES CONGRESS TO REAUTHORIZE AND FUND THE NATIONAL ESTUARY PROGRAM FOR AN ADDITIONAL FIVE YEARS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. The Indian River Lagoon has been designated an "estuary of national significance" and participates in the National Estuary Program. 2. This program, one of only twenty-eight in the country, provides support to address local environmental issues through cooperation among local governments, state agencies, and our federal partners. 3. This federal support is matched with state and local funding to implement specific projects and programs to protect and restore our natural resources and water quality. These projects and programs are outlined in the Indian River Lagoon Comprehensive Conservation and Management Plan. 4. Senator Torricelli has introduced Senate Bill 878, along with nineteen other co-sponsors, to reauthorize the National Estuary Program for five years. Along with this legislation, Senator Torricelli is requesting a fifty million dollar appropriations for the National Estuary Program for the upcoming fiscal year. 5. Representative Saxton has introduced House Resolution 1237, along with seven co- sponsors, to reauthorize the National Estuary Program for five years and provide a fifty million dollar appropriation for the upcoming fiscal year. 6. As a member of the Indian River Lagoon National Estuary Program Management Conference, St. Lucie County urges support for reauthorization and funding, at the current match - ì. '-' 'wII ratio, to enable us to implement the actions in our Comprehensive Conservation and Management Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. TIùs Board hereby urges the United States Congress to reauthorize and fund the National Estuary Program for five additional years. 2. The County Administrator is hereby directed to forward a copy of this resolution to Senator Christopher Bond, Chairman of the Senate VA-HOD Appropriation Subcommittee; Representative James Walsh, Chairman of the House VA-HOD Appropriation Subcommittee; Senator Torricelli; Representative Saxton; Senator Bob Graham and Senator Connie Mack. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Cliff Barnes XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 18th day of May, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY - 05/17/99 ~UCIE COUNTY - BOARD 'wi PAGE 1 FZABVARR VARRANT LIST #33- 08-MAY-99 TO 14-MAY-99 FUND SUMMARY FUND TITLE ej EXPENSES PAYROLL .._~<'ri'_~ 001 General Fund 327,475.53 238,436.10 001116 Sec 112/MPO/FHWA/Planning 98/99 2,195.04 4,535.86 001120 Community Services Block Grnt 98/99 233.90 0.00 001217 DEP-Regional Attenuation Facility 9,338.07 0.00 001235 TDC Planning Grant 98/99 90.46 255.05 101 Transportation Trust Fund 60,690.84 87,754.44 101002 Transportation Trust/80% Constitut 7,105.56 0.00 101006 Transportation Trust/Impact Fees 300.00 0.00 102 Unincorporated Services Fund 18,634.92 33,816.51 102001 Drainage Maintenance MSTU 1,442.06 2,917.14 102103 Urban & Community Forestry 97/98 77.05 0.00 105 Library Special Grants Fund 772.41 1,849.71 107 Fine & Forfeiture Fund 166,321. 47 54,707.61 121 Blakely Subdivision Fund 66.03 0.00 140 Port & Airport Fund 24,656.49 7,277.80 160 Plan Maintenance RAD Fund 5,069.04 1,964.80 170 Court Facilities Fund 137.90 0.00 181 SLC Housing Finance Authority Fund 4,550.00 0.00 182 Environmental Land Acquisition Fund 706.38 1,431.39 183 Ct Administrator-19th Judicial Cir 2,033.05 3,222.71 183001 Ct Administrator-Arbitration/Mediat 1,244.53 2,449.60 183002 Ct Admin.-County Arbitration/Mediat 75.00 0.00 183004 Ct Admin.- Teen Court 442.98 897.60 183204 Court Reporter Grant-In-Aid 98/99 3,447.00 0.00 ~. 183206 FDJJ-Teen Court 98/99 561. 84 1,138.46 185203 FHFA-SHIP 98/99 608.40 1,232.80 186 Recycling Operating Fund 1,632.48 1,334.69 186202 DEP-Recycling & Education 98/99 219.54 444.89 315 County Building Fund 9,900.00 0.00 315201 DOS-315-Fort Pierce Branch Library 2,179.75 0.00 316 County Capital 26,004.82 0.00 382 Environmental Land Capital Fund 165,050.00 0.00 401 Sanitary Landfill Fund 20,854.61 25,806.22 418 Golf Course Fund 21,688.31 16,490.93 421 H.E.V. Utilities Fund 4,683.81 149.35 441 North Hutchinson Island Utilities 49,765.86 2,488.98 449 Capital Facilities Fund 49,532.00 0.00 451 S. Hutchinson Utilities Fund 63,391.55 2,339.64 461 Sports Complex Fund 63,752.99 9,819.37 491 Building Code Fund 8,211.66 15,019.94 501 Automated Services Fund 54,334.18 57,949.23 505 Health Insurance Fund 325,190.53 0.00 505001 Property/Casualty Insurance Fund 2,289.30 0.00 510 Service Garage Fund 16,094.98 8,527.59 611 Tourist Development Trust-Adv Fund 1,887.62 2,697.31 GRAND TOTAL: 1,524,939.94 586,955.72 .-~._.~-"..~ ., :;1 :'l ~ ~~ .~ , ~':1 ; ~ '" ,- ="_:~ ~:'~':'I ,4 I ¡ j ,\ ~ 05/17/99 FZABYARR - ~ -- ~ LUCIE COUNTY - BOARD '....I VOID LISTI 33- 08-MAY-99 TO 14-MAY-99 FUND: 001 - General Fund CHECK ~.J TOTAL INVOICE VENDOR 174.84 00237495 99008514 Yorld Almanac Education FUND TOTAL: 174.84 PAGE 1 ......- ..¡ "' " " 'i ~ 05/17/99 FZABYARR ... ~LUCIE COwrY - BOARD ....., VOID LIST# 33- 08-MAY-99 TO 14-MAY-99 FUND: 107 - Fine & Forfeiture Fund TOTAL CHECK '" INVOICE VENDOR 00242763 99022394 Bruhn & Moore FUND TOTAL: 13,758.00 13,758.00 ~ \.....,./ PAGE 2 :;;;r"..~ , 'Z':':7 - 05/17/99 ~ LUCIE COUNrY - BOARD "wi FUND: 451 - S. Hutchinson Utili ties Fund VOID LIST# 33- 08-HAY-99 TO 14-HAY-99 FZABYARR ..j CHECK INVOICE VENDOR 00023386 99014501 National Assoc of Cnty Informa 00023519 99022294 Allied Chemical Industry Inc 99022299 99022304 CHECK TOTAL: FUND TOTAL: TOTAL 30.00 557.20 557.20 557.20 1,671.60 1,701.60 PAGE 3 ,.... -"'--"'" ~,.~ ,< ., ... ,., ';1 f!, 05/17/99 FZABTJARR FUND: 501 CHECK ~ - - ~ LUCIE COUNTY - BOARD ....., VOID 11ST# 33- 08-MAY-99 TO 14-MAY-99 - Automated Services Fund INVOICE VENDOR TOTAL 120.00 00240361 99015964 SCT Government Systems Inc FUND TOTAL: 120.00 PAGE 4 :~<.t-~, ;:;t Í'-~ ,'.-;;~! " ¡:;~ ;>::a 05/17/99 'w' LUCIE COUNTY - BOARD VOID LISTH 33- 08-MAY-99 TO 14-MAY-99 "wi FZABYARR FUND: 625 - Law Library CHECK INVOICE VENDOR 00242896 99022399 Legal Aid Society of the Bar A 99022399 CHECK TOTAL: FUND TOTAL: ,_,V' TOTAL 4,184.98 7,637.31 11 ,822.29 11,822.29 PAGE 5 , ~ AGENDA REQUEST ...., ITEM NO. U-Ä DATE: May 18, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Extension of Interlocal Agreement for Use of Funds Disbursed Under the County Emergency Medical Services Award BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the attached Third Extension and authorize the Chairman to sign the Extension. COMMISSION ACTION: [vfAPPROVED [] DENIED [ ] OTHER: NCE: Anderson Administrator County Attorney: ~C):r R view and A Purchasing: Management & Budget Originating Dept, Other: Other: ,'n.nc., ::f¿;¡) foe Copy only, if ~.] Eff. 5/96 · \ ~ 'wi' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: James W. Lancaster, Assistant County Attorney C.A. NO. 99-629 DATE: May 11, 1999 SUBJECT: Third Extension of Interlocal Agreement for Use of Funds Disbursed Under the County Emergency Medical Services Award ----------------------------------------------------------------- ----------------------------------------------------------------- BACKGROUND: On April 16, 1996, the County and the St. Lucie County Fire District entered into an Interlocal Agreement whereby the County agreed to disburse Florida Emergency Medical Services Grant funds to the Fire District so that the Fire District could use the funds to improve and expand pre-hospital emergency medical services systems in St. Lucie County pursuant to Part 11 of Chapter 401, Florida Statutes. The Interlocal Agreement provides for extensions each year to include EMS Grants which may be received by the County and disbursed to the Fire District. The County has received an EMS Grant for 1998-99 and the parties have agreed to extend the term of the EMS Interlocal Agreement to cover the disbursement of the 1998-99 EMS Grant to the Fire District. '" ...., RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the Third Extension of the Interlocal Agreement and authorize the Chairman to sign the Extension. Respectfully submitted, ~?v;~o J, es W. Lancaster Assistant County Attomey JWL/caf Attachment .....,. , .." THIRD EXTENSION OF INTERLOCAL AGREEMENT FOR USE OF FUNDS DISBURSED UNDER THE COUNTY EMERGENCY MEDICAL SERVICES AWARD THIS THIRD EXTENSION is made and entered this _ day of 1999, between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, (the "County"), and the ST. LUCIE COUNTY FIRE DISTRICT, (the "Fire District"). WHEREAS, on April 16, 1996, the parties entered into an Interlocal Agreement (the "EMS Interlocal Agreement") whereby the County agreed to disburse Florida Emergency Medical Services Grant funds (the "EMS Grant") to the Fire District so that the Fire District could use the funds to improve and expand pre-hospital emergency medical services systems in St. Lucie County pursuant to Part \I of Chapter 401, Florida Statutes and St. Lucie County Resolution No. 95-210; and WH EREAS, the EMS Interlocal Agreement provided that the parties could extend the term of the Agreement each year to include EMS Grants which may be received by the County and disbursed to the Fire District in subsequent years; and WHEREAS, the County has received an EMS Grant for 1998-1999 and the parties have agreed to extend the term of the EMS Interlocal Agreement to cover the disbursement of the 1998-1999 EMS Grant to the Fire District. NOW THEREFORE, in consideration of their mutual covenants and promises, the parties agree to amend and extend the EMS Interlocal Agreement as follows: 1. The term of EMS Interlocal Agreement is hereby extended to cover the EMS -1- """" "'" Grant disbursed by the County to the Fire District for 1998-1999 pursuant to Resolution No. 98-195. 2. Except as expressly extended or amended herein, all of the remaining terms and conditions of the EMS Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have accepted, made, and executed this Agreement upon the terms and conditions above stated on the day and year signed. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK (SEAL) Date: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY FIRE DISTRICT BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS BY: FIRE DISTRICT ATTORNEY g:\atty~im \interloc\ems-ext. 99 -2- 'J,\ ~/ '-" AGENDA REQUEST .""""" ITEM NO. L-dlJ DATE: May 18, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Omec v. Yang; Case No. 98-1092-CA-17 - Accept Check for $532.50 Representing One-Half Reimbursement for Jury Services BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board accept the check from William R. Ponsoldt, Jr. representing one-half reimbursement for jury services. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: NCE: Review and ADprovals County Attorney: Management & Budget Purchasing: Originating Dept, Other: Other: Finance: (Check for Copy only, if apPliCable)QL\ Eft. 5/96 '-' ......" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-612 DATE: May 7, 1999 SUBJECT: Omec v. Yang; Case No. 98-1092-CA-17 - Accept Check for $532.50 Representing One-Half Reimbursement for Jury Services ----------------------------------------------------------------- ----------------------------------------------------------------- BACKGROUND: The attorneys in the referenced matter were required by Judge Shack to pay one-half of the monies expended by the County for jurors' services at the trial. Attached is a copy of a letter dated April 9, 1999, from William R. Ponsoldt, Jr. with a check in the amount of five hundred thirty-two and 50/100 ($532.50) dollars which represents payment of the defendant's portion of the cost. RECOMMENDATION/CONCLUSION: Staff recommends that the Board accept the check from William R. Ponsoldt, Jr. representing one-half reimbursement for jury services. Respectfully submitted, ). //1.7~~/~') 'j;'! / f r," f / " /, / 'r' .(,,/ ,~,('/\" ~. ' . Daniél S: M4nt re County Attorney , / / DSM/caf Attachment '-' .., WARNER,FOX,WACKEEN,DUNGEY SEELEY, SWEET & WRIGHT, L.L.P. DEBORAH B. BEARD RICHARD J. DUNGEY' M. LANNING FOX' GARY L. SWEET W. THOMAS WACKEEN" THOMASE.WARNER" TIM B. WRIGHT 1100 S, FEDERAL HIGHWAY P,O, DRAWER 6 STUART, FLORIDA 34995-0006 (561) 287-4444 TELEFAX(561) 220-1489 ANTHONY L. CONTICELLO LOUIS E. LOZEAU. JR. MICHAEL J.McCLUSKEY WILLIAM R. PONSOLDT. JR. '''BETH TEARDO PRINZ SUSANN B. WARD AARON A. FOOSANER ROBERT L. SEELEY OF COUNSEL JUPITER (561) 744-6499 . BOARD CERTIFIED REAL ESTATE LAWYER .. BOARD CERTIFIED CIVIL TRIAL LAWYER '''BOARD CERTIFIED WILLS, TRUSTS &: ESTATES LAWYER April 9, 1999 Board of County Commissioners St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Omec v. Yang; Case No. 94-1092-CA 17, St. Lucie County Dear Sirs: Enclosed is a c ck for $532.50. This represents my understanding of one-half of the amounts expended by-X on behalf of the jury for this trial. Please treat this as a voluntary contribution to reimbufs our office fOJ e jurors' services at the trial in the above- referenced matter. ,vej' yyo7f /;,1 / ~am R. Ponsoldt Jr. cc: Judge Schack William Murphy F:IHOME\BILLICLIENTSIN-Z\Y ANG\LETTERSISt. Lucie Co, Pay '-' ...., . "," ~"..,. ,'_ ;:o-",,~"':. .~:~ .... . ..': ...: ;",... ,¡....~ ..,-"...;._. .... .. . --.. -. ......- .'·'U .,. ".... . . .. "," 0;;' .'. '. .. 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'(/ "Þ,V ^V.t..YIW1\.{ AV ¡,:VAYAVA '<,^V...\.YA Y ^ YAYAYAYf..v,¡ (WILLlA?V'I R PONSOLDT JR 770 SW LIGHTHOUSE DRIVE PALM Crry FL 34,!90 5456100011075062 ~HomeComingf 1005 FINANCIAL NETWORK Date---i1fr'~ î. ,en¡ 56-773/422 I ç;' ílJ f,~fl~rIh~ i rd Ba n k $ 5S1.S-u Dollars f!I =~~:- .- ~ . .~ :~'f;~~~~1~~~~{f~ .: 0... 2 20 ? ? 31 5': ? 31 31111 31 . ti 2 ? III /ß .005 lIP . ;- t'~>t "~~¿If.:;::;::;{ ~:'~f;;L~: ~·,tf~~~t~;t~~fi-;~r~ .' For .... .. ..-.... .......... ... 7",i 'r' ','" ,;·f.' r· " ~~":._~.:;;..~_: '" . ~.. .. :.. ;:.. .-..' ;;: ..~~;~ '::' ":.. ::·;;i;'-....~: ':.. .:~ ':.-- -: ..: ·::;:~r. ;::, ,:~::~' :~ j:'\: .;;, ::'::;~~~~~~i·)~, ~~~;¡,;,~;:~~~1~~:,:d;.,~;};õ::~::~;~8::;~;'r::t ~i¡:::':;:~ '~':.::=, :~;, ...~. ............. ... , ., " ~< y/ '-" AGENDA REQUEST ...., ITEM NO. (-d -C- DATE: May 18, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Permission to File Suit - Board of County Commissioners vs. Archie and Shiela Jones BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the County Attorney's office to file suit against Archie and Sheila Jones to quiet title in property owned by the County. COMMISSION ACTION: [0 APPROVED [] DENIED [ ] OTHER: NCE: Review and Approvals Management & Budget Purchasing: County Attorney: Originating Dept, Othe r: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 .. '-' ...."" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-614 DATE: May 7, 1999 SUBJECT: Permission to File Quiet Title Suit - Board of County Commissioners vs. Archie and Shiela Jones ================================================================= BACKGROUND: Archie and Shiela Jones were record title holders to property located in Indrio North Savannas. The 1995 ad valorem taxes on the subject property were not paid and Tax Sale Certificate No. 426 was issued by the Tax Collector. As a result of an application made for the issuance of a tax deed, the subject property was offered for sale on December 1, 1998, as required by law for cash to the highest bidder. The County submitted the highest bid and paid the bid sum. This property was purchased as part of the environmentally sensitive lands acquisition program.. The County is the grantee in the Tax Deed (copy attached) conveying the property. Since title passed to the County through a Tax Deed, a quiet title suit is a requirement of closing. Since Mr. and Mrs. Jones were the record title holders to the property at the time the Tax Deed was conveyed to the County, they are necessary parties to the suit for quiet title. .. '-' ""-" RECOMMENDA TION/CONCLUSION: Staff recommends that the Board authorize the County Attorney's office to file suit against Archie and Sheila Jones DSM/caf Attachment I - . Tax Deed File No. 98-164 '-' Property Identification No, 1407-443-0020-000/9 ARCHIE RAY JONES SHEILA S DR-S06 R.Oll95 Tax Deed State of Florida County of ST. LUCIE * Doc Assurnp: $ * Doc Tax $ * Int Tax $ 0.00 5.60 0.00 FOR OFFICIAL USE ONLY The following Tax Sale Certificate Numbered 426 issued on May 31, 1995 was filed in the office of the tax collector of this County and application made for the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the costs and expenses of this sale, and due notice of sale having been published as required by law, and no person entitled to do so having appeared to redeem said land; such land was on the day of Decembe r 1, , 19 -9.B..- , offered for sale as required by law for cash to the highest bidder and was sold to !=;ATN'T' T.TJCTE COUNTY, a political subdivision in the £itate of Florida whose address is 2300 Uirl)'iniò AupnllP, Port- Pierce. Florida 34982 highest bidder and having paid the sum of his bid as required by the Laws of Florida, Now,onthis l5t day of Dpt"'pmhpr ,19~, in the County of ST. LUC IE , State of Florida, in consideration of the sum of ($ 746.06 ) SEVEN HUNDRED FORTY SIX AND 06/100 Dollars, being the amount paid pursuant to the Laws of Florida does hereby sell the following lands, including any hereditaments, buildings, fixtures and improvements of any kind and description, situated in the County and State aforesaid and described as follows: ,being the State of Florida ;U"Tlc.. ro 1-" e n ¡"-<I CJcn= 1 = CJ.. ::z: IT roC CJ..3::r ..ere cnf- ,;: --L .. P I'J L..1 = I I" 8 Û'. c- / IOJf- .. . -0 IT /; /., /, 000- /( A-Z:!/~f ." -;;.~ c.¿~~d..L--1šeal) 0: Circuit Court or County Comptroller b Û" ...., ~j-...1~ County, Florida. 0". 0 IT :D ;u c- . f- 3r:o- . or a!:: ~f- West 30 Ft (1.15 AC) 7 34 40 South (OR 262-2046) ST. LUCIE County of ST. LUCIE ~t ~~ CO~ ....JI C' On this 1st day of DECEMBER ,19~ ,before me Bettv V. Robson personally appeared JoANNE HOLMAN Clerk of the Circuit Court or County Comptroller in and for the State and this County known to me to be the person described in, and who executed the foregoing instrument, and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned, Witness my hand and office seal date aforesaid, .6,/(1., ! )/, ,¿í-tJ.0'_ (7Z- ~ -n . :D Qr [Tl~ r f- ~rr lJ1 o ~' "- Vii ,,!-' /~~~ / .' \ (\ ..,1 J ,/. '.,', ,~c:¡ I . I ~ \ '.' \ (, , J\ì V r r.. : ,\ v .) '.J) , \ I. L!r: .../ "'J£ii·":·~~ó;:.,_ BETTY V. ROBSON ~~( ~'T:~ MY COMMISSION N CC429251 EXPIRES ~_,"~'Æ'i January 12, 1999 "~p.f.::\-f.." BONDED THRU T1IOY FAIN INSURANCE, INC, ":.1 ¡ __J. ¿,..n .., .../......".,' .<-': ':" / , ~ AGENDA REQUEST """" ITEM NO. c-3A_ DATE: May 18, 1999 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: Harvey M. Lincoln SUBJECT: Establishing A Budget For The Ideal Holding Road MSBU OMB BACKGROUND: In order to comply with the Board's direction to proceed with construction of the Ideal Holding Road MSBU a budget must be adopted for the project. Budget Resolution No. 99-111 appropriates funds in the form of contributions from property owners and establishes a budget for the Ideal Holding Road MSBU. FUNDS AVAILABLE: See attached Budget Resolution No. 99-111 PREVIOUS ACTION: July 23, 1996 - The Board Accepted the petition and granted permission to advertise for the initial public hearing held on August 20, 1996. August 20,1998 - The Board adopted Resolution 96-194 and authorized the County Engineer to proceed with design of the project. December 8, 1998 - the Board adopted Resolution 98-260 stating the County's intent to use the uniform method of collection. March 2, 1999 - The Board granted permission to advertise the second public hearing. April 6, 1999 - The Board adopted Resolution 99-088 to levy a non-ad valorem special assessment on the Ideal Holding Road MSBU participants; approved the preliminary assessment roll and authorized the County Engineer to proceed with construction. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution No. 99-111 establishing the budget for the Ideal Holding Road MSBU project. [vf APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: XX 81· çOOr¡ inatiQ::4)~ / Management & Budget: ' \0/ Purchasing: Public Works: XX íf!/IL{F Originating Dept: Other: Finance: (Check for Copy only, if applicable) XX G: Ibudgetlagenda' slagenda9915'I8 _Ideal, wpd ¿ '-" ....", /' \..... ¡\ to RESOLUTION NO. 99-111 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of contributions from the property owners participating in the Ideal Holding Road Municipal Services Benefit Unit. 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 18th day of May, 1999, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1998-99, and the County's budget is hereby amended as follows: REVENUES 392-4115-366910-415006 Proceeds - Contrib Fm Prop Owners $279,000 APPROPRIATIONS 392-4115-563000-415006 392-4115-563005-415006 392-4115-563008-415006 392-4115-563009-415006 392-4115-563011-415006 392-4115-563023-415006 392-9950-573100-415006 392-9910-599330-415006 Improvements orr Buildings Improvements orr Bldgs - Consulting Engineer Improvements orr Bldgs - Advertising Improvements orr Bldgs - Soil Testing Improvements orr Bldgs - Permits/Appl Improvements orr Bldgs - Equipment Rental Additional Bond Expenses Project Reserves $209,400 $960 $600 $3,300 $1,000 $500 $20,400 $42.840 $279,000 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 xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 18TH DAY OF MAY, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\budgetlagenda'slagenda99\5'18 _Ideal. wpd ~ AGENDA REQUEST -.....I ITEM NO. DATE: May 18, 1999 C-3B REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Equipment Request # 99-211 For State Surplus Dozer BACKGROUND: The Purchasing Manager was informed by the State Surplus Agency that they are in the possession of a surplus 1986 550B Dozer. In conversation with the Road & Bridge Manager, it was determined that due to the smaller size this would be a very useful piece of equipment for the Road & Bridge Division. The average resale price is $22,900, however, the County can purchase it for $3,600. Due to cost savings there is sufficient funds remaining in the Road & Bridge Maintenance section under Machinery and Equipment. FUNDS AVAILABLE: 101-4110-564000-400 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve equipment request # 99-211. [ ~PPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: County Attorney: 1Q\ !Ji Originating Dept: / ß~./ Management & Budget Purchasing: XX á3 Public Works: XX Other: Finance: (Check for Copy only, if applicable) XX G:\budgellagenda' slagenda99\5'18 _ Dozerwpd .~ ....., ....., .Î \.. MEMORANDUM PURCHASING DEPARTMENT FROM: Office of Management & Budget _ i~ Charles L. Bicht, Sr., Purchasing Manager ~/ TO: DATE: May 12,1999 SUBJECT: Equipment Request The State Surplus Agency called this morning informing me that they have a 1986 John Deere 550B Dozer in surplus. I called the Road Department and the Road & Bridge Manager informed me that this would be a very useful piece of equipment. A dozer of this size could be used in areas too restrictive for a larger machine, can be used to fight fires and has greater portability. The cost to the county is $3,600. The average resale for this machine is over $22,900. The Road department has the $3,600 in their equipment account because of savings on the budgeted equipment purchased. Please prepare an Agenda Request to the BOCC for their May 18, 1999 meeting. H:\WP\MEMOS\JD 550 requesc,'öpd r en c:= W zen 00? en~ en en - ~ :2c:= :2< Ow U>- ~cæ ::JU O~ uu. u.C:= O~ c.... c:=en <w O::J [CO ~~ Z.... ::JZ OW u:2 w9: -::J Uo 3w ~ en CI) ~ c w c z w :¡¡¡ :¡¡¡ o (.) w D:: c w > o D:: D.. D.. < CI) ~ a:: ~ ü ~ CO :::J a.. IJ.J (!) a ë2 CO ~ « a ð a:: .:.: z w :¡¡¡ z ~ 0 < (j) fb ~ c c '-' ~ c: t:I) ~ :§ ~-c:: .!Q ...!2I (1)- - (1) ._N c: .g II) ; Q.. II) .;;:; Q) ~ "\oil Cii'õ.9 II) (1) (1) ~ II) .Q (1) ~ 32 t:I) ~ ~ ~ (1) ~ (1) .Q ~ :::. ... ... co (1) (1) (1) ~ N .:: ~ .g o .(1) c:::i.c:~ o (1)- ... co (1) Q cY') ~ '" ~ ::... ü), Q=æ.= Q) ~ (.) II) õ ~ ~ c: (1) ~ c: Q.. ~ .0 Q) Q.. t5 t:: t:: Q) 0 co II) (.) (1) cri .ò t:I) Q) c: 12 .c: _ .t: g co (.) (.) <>ð co (1) ~ E Sco:ï5 ... 0 þ) (1) a:: - N ~ o Q) (1) as s CO II) ... o (1) It) c: Q It) 0 ~ (1) .~ (1) s :u (1) c: .s a co II) c: S ~ "§Q30 ""')11) =æ .9 ~ E II) _ II) co e- ~ ~ .!Q co II) - c: co ã5 '- II) ~ ~ co ¡;;: Q) .c: ,9. II) ~ ~ Gt:r~ c: (1) t:: (1) .... co t:I) 0 ... « (1) .~ II) (.) II) ~ .~ co _ Q.. (1) ~ .!Q -g CI)'::t (1) 0 cri - c:::i g. ~ oS 0 t:: Iõ:: CI) 0) ~ ~ (1) C\ - ..... ~ '::~~.ð o o ~ C o o ~ co It) C -.- -.- ~ I -.- o -.- Q: w III :¡¡¡ ::J Z I- Z ::J o (.) (.) < -.- -.- C\ I 0) 0) o IJ.J :it ~a w D:: I- Z W :¡¡¡ D.. 5 ( w z o ¡:: < (.) ü: ¡:: en ::J ., ~/ ......,.. AGENDA REQUEST ~M NO. (- L( DATE: May 18, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: A-I Roof Trusses Ltd., Company TEFRA Hearing Request BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant pennission to advertise a TEFRA hearing on June 8, 1999 at 9:00 a.m. or as soon thereafter as the item may be heard. COMMISSION ACTION: [~PPROVED [] DENIED [ ] OTHER: ..-.-..-. Dou sAnderson County Administrator County Attorney: pr, t:Ä Review and Approvals Management & Budget Purchasing: Originating Dept, Other: Othe r: Finance: (Check for Copy only, if a~\e) , Eff, 5/96 '-' """ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-627 DATE: May 10, 1999 SUBJECT: A-l Roof Trusses Ltd., Company TEFRA Hearing Request ----------------------------------------------------------------- ----------------------------------------------------------------- BACKGROUND: Attached is a copy ofa letter dated May 7, 1999 with enclosures from Mark E. Raymond, Esquire. Also attached is a copy of a letter dated May 10, 1999 from Mr. Raymond. As indicated in the letters, Mr. Raymond represents A-l Roof Trusses Ltd. Company (A-l). A-l is requesting that the County issue up to $3,000,000 in industrial development revenue bonds in order to finance a roof-truss manufacturing facility in Reserve Commerce Park in St. Lucie County. A-l is currently in business in Palm Beach County and desires to relocate to St. Lucie County. Issuance of the industrial development revenue bonds requires an allocation of the private activity bond volume cap from the State of Florida. In this regard, A-l would like the County to hold a TEFRA hearing and adopt an inducement resolution. The inducement would not obligate the County to issue the bonds. If the Board determined at some future date to '-" 'wi issue the bonds, the County would not be responsible for paying the debt service on the bonds. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board grant permission to advertise a TEFRA hearing on June 8, 1999 at 9:00 a.m. or as soon thereafter as the item may be heard. DSM/caf Attachments Copy to: R. Freeman, Esquire B.Leedy .iH. ,1 ø . 9::' 1 [1: [1::::;':"['1 rllJ" -. F U::~t'1 I GRf L L T. AL P. 2/3 ....,,' ""'" MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. AITORl'.'EYS AT LAW 625 North Flagler Drive - 91/1 Floor West Palm Beach, Florida 334014025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659-Î500 Facsimile: (561) 659-1789 Other Offices: T al1ah.assee, FL (850) 681.3828 Palm Beach Gardens, FL (561) 625-6480 MARKE, RAYMO~D Dir~çt Line: (561) 822-0380 E"'J!¡.¡¡il: mraymond@æoyldaw.com May 10, 1999 Daniel S. McIntyre County Attorney St. Lucie County, Florida 2300 Virginia Avenue, 3rd fl. Administrative Annex Fe Pierce, Florida 34982-5652 Re: A-I Roof Trusses Ltd., Company TEFR..-\ Hearing Request Dear !'vIr. McIntyre: I spoke with Robert Frer::man on Friday afternoon and Robert advised that you will seek permissìon to advertise at the Bee meeting on May 18, 1999. Given the fourteen day publication requirement, this would lead to a TEFRA hearing on June 8, 1999. This would mean that the TEFRA notice would need to published no later than May 25, 1999. I will contact you on May 19. 1999 to determine whether permission to advertise has been granted. and if so, I will then make the necessary arrangements to have the notice published. Perhaps on the 19th you and I could also di:)cus5 who should attend the June 8 meetìng on behalf of the company. The Resolution tbat I prepared authorizes the County Administrator to complete the arphcation for allocation in any amount up to $3,000,000. As Mr. Freeman indicated in his May 7, 1999 letter to you, the application contains a certification that the amount of bonds ultimately Issued will be at least 90% of the amount requested. The $3,000,000 figure is an upset figure, and it is not expected that the Company will request an allocation for that amount ($2.5 million b~i!1g ;l more likely target). However, please be ad.vised that it is the Company's intention that r.h~ a.rnount of bonds ultim..':\ttly 1ssued wm be 100% of whatever amount of allocation is requested. When it is time to complete the application for allocation I will prepare an appropriate Jetter from the Company to St. Lucie County confirming this fact. G',0:.')~\~\J-~0-'1.> IT< I""".wopd il':'¡',' ~:] ";:":; W :':YjAt'1 ri(I" ~. FLAt II GAt',!, ET . AL Fl. :3/3 ¥ '" May 10, 1999 Page 2 Also, Robert suggested that I address why the Company would like to expedite the TEFRA hearing, There is a limited amount of private activity bond volume cap available in the State of Florida, and in general, it is allocated on a first-come, first-served basis. Unless the allocation is received, no bonds can be issued. Therefore, it is important to expedite the filing of the allocation request. Additionally, because the bonds cannot be issued unless the allocation is received, it seems most efficient to determine whether an allocation is available before spending . the substantial amount of time and effort necessary to proceed with a bond issue. For that reason, only after an allocation is received would the Company parùcipate in the formal review process by the County leading to a decision whether to issue bonds. I hope this letter has been responsive to your needs. Please call if you require anything further, Unless, I hear from you, I will contact you May 19, 1999. Very trUly yours, ØJrA Mark E. Raymond -7 MERJams cc: Distribution List ç-\t':3~1~'''¡\~-lo-99 ~ Jrd)'rt" wpJ MOYLE, FLANIG~, KATZ, KOLINS, RAYMOND" SHEEHAN, P.A. A TIORNEYS AT LAW 625 North Flagler Drive - 9th Floor West Palm Beach, Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561) 659-1789 Other Offices: Tallahassee, FL (850) 681-3828 Palm Beach Gardens, FL (561) 625-6480 MARK E. RAYMOND Direct Line: (561) 822-0380 E-mail: mraymond@moylelaw.com May 7, 1999 Daniel S. McIntyre County Attorney St. Lucie County, Florida 2300 Virginia Avenue, 3rd fl. Administrative Annex Ft. Pierce, Florida 34982-5652 Re: A-I Roof Trusses Ltd., Company Dear Mr. McIntyre: As you and I discussed sometime ago, this firm represents A-I Roof Trusses Ltd., Company and its owner, John R. Herring. Mr. Herring is requesting that St. Lucie County, Florida issue up to $3,000,000 of industrial development revenue bonds in order to finance a roof- truss manufacturing facility to be located on a site Mr. Herring owns in the Reserve Commerce Park. Mr. Herring and A-I have,been in business in Palm Beach County for 22 years and now wish to relocate in St. Lucie County. The proposed bonds are to be credit-enhanced with a SunTrust letter of credit. Issuance of the bonds requires an allocation of the private activity bond volume cap from the State of Florida. Since there is a limited amount of allocation available, we would like for the County to expedite the "inducement" of the bond issue to allow us to apply for an allocation of the volume cap. The inducement would not obligate the County to issue the bonds. In order to expedite the inducement, my client requests that he be allowed to delay submission of the formal application to a later date, either before or promptly after receipt of the allocation. Enclosed please find an initial draft of an inducement resolution and preliminary distribution list. Since it is required that the TEFRA hearing be held prior to the filing of the allocation request, and since the hearing is required to be held after no less than 14 days' published notice, G:\0l338\l\5-7-99 me intyre,wpd '-" v May 7, 1999 Page 2 would you please contact me as soon as possible and let me know when this matter could be placed on a County Commission agenda so that I may make arrangements to have the notice published. A copy of a proposed notice is included for your review. Please contact me at your earliest convenience. /j leY yours, Mark E. Raymond MER/ams cc: Distribution List G:\0I338\1\5-7-99 me inryre.wpd