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HomeMy WebLinkAboutAgenda Packet 11-28-06November =, 2006 9800 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONE$ AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speaks to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Chris Craft, Chairman District No. 5 Joseph E. Smith, Vice Chairman District Noe Doug Coward District No. Z Paula A. Lewis District No. 3 Charles Grande District No. 4 November 28, 2006 ssoo A.M. Invocation Pledge of Allegiance 1. MINUTES Approve the minutes of the meeting held on November 14, 2006 o I)- Approve the minutes of the meeting held on November 21, 2006 Z. PROCLAMATIONS/PRESENTATIONS r(y`6A. Resolution No. 06-371 - Congratulating the St. Lucie Mets on Winning Their Fifth (5th) Florida State ,C; league Championship this 2006 Season - Consider staff recommendation to adopt the attached Resolution No. 06-371 as drafted. B. Executive Roundtable of St. Lucie County, Inc. HIV/AIDS Community Outreach Video C. Ed Fry, Clerk of Court to present the Annual Financial Report and Excess Fees for Fiscal Year 2005- 2006 D. Corine Williams, St. Lucie County Transit Manager, will show the Council on Aging entry for Electronic Media Promotion - Class 1 featuring the Treasure Coast Connector and present the Florida Public Transportation Association award to Darrell Drummond, President and CEO of Council on Aging of St. Lucie, Inc/Community Transit. 3. GENERAL PUBLIC COMMENT SA.� MANAGEMENT AND BUDGET I l; Amendment to FY 2006 Budget - Consider staff recommendation to adopt Budget Resolution No. 06-352 C n/' amending the FY06 budget. 5B. COMMUNITY SERVICES we Proposed budget amendment to Community Development Block: Grant Disaster Recovery Initiative (CDBG 1� DRI) #06DB-W32 - Consider staff recommendation to approve of the budget amendment to CDBG DRI ` #06DB-W32 and authorize Chair to sign necessary documents. 5C. \ COUNTY ATTORNEY �+v� Geoplasma - St. Lucie LLC - Industrial Development Revenue Bonds - Based on the recommendation of the 10 County's Bond Counsel, staff recommends that the Board adopt Resolution No. 06-373 and authorize the Chairman to sign the Resolution. END OF PUBLIC HEARINGS Regular Agenda November 28, 2006 Page Two 6. COUNTY ATTORNEY APTVC Stewardship District - Implementation Options — Staff recommends that the Board determine which e U" option the Board desires staff to pursue Q k,A� G� � CONSENT AGENDA 1. WARRANTS Approve warrant list No 8. 2* COUNTY ATTORNEY Resolution No. 06-345 — Changes to the St. Lucie County Investment Policy — Consider staff recommendation to adopt Resolution No. 06-345 as drafted. 3. PURCHASING A. Works Authorization No. 14 under continuing contract Cos-04-170 with Masteller & Moler, Inc. — Consider staff recommendation to approve Works Authorization No.14 to Contract Cos-04- 170 with Masteller & Moler, Inc. in the amount of $164,500.00 and authorized the Chairman to sign the works authorization as prepared by the County Attorney. B. Approval to Piggybacks the City of Delray Beach Contract (Bid #2002-37) — Sanitary Sewer Manhole Interior Rehab with Chaz Equipment Co., Inc. — Consider staff recommendation to approve to Piggyback the City of Delray Beach Contract (Bid #2002-37) with Chaz Equipment, and authorization for the Chairman to sign the Continuing Contract prepared by the County Attorney. 4. ADMINISTRATION A. Midway Road Improvement Project — 1-95 to SR 70 — Staff recommends the Chairman sign the letter to the Mayor of Port St. Lucie outlining the terms and conditions for an Interlocal Agreement. B. Indian River Drive — Emergency Repairs — Staff recommends the Board approve the emergency actions recommended by the County Administrator and staff to maintain the structural integrity of Indian River Drive and to enter into a contract as prepared by the County Attorney with Ranger Construction to perform the worn. s. MANAGEMENT AND BUDGET A. Approval of Budget Amendment BA06-175 and Resolution No. 06-335 to cover fiscal year 2006 insufficient accounts — Consider staff recommendation to approve Budget Amendment BA06-175 and Resolution No. 06-335 to cover fiscal year 2006 insufficient accounts and to recognize revenue from FEMA and the State for hurricane related expenses. B. Approval of Budget Amendment BA07-009 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2006 — Consider staff recommendation to approve Budget Amendment No. 07-009. C. Adopt Budget Resolution No. 06-347 to accept the grant award from the Florida Department of Community Affairs in the amount of $200,000 for the Emergency Management Residential Construction program — Consider staff recommendation to adopt Budget Resolution No. 06-347 to implement the Emergency Management Residential Construction Mitigation Program. D. Acceptance of a reimbursement agreement for $1,081,502 from Florida Department of Transportation for Hurricane Wilma's debris removal, washouts and bridge repairs — Consider staff recommendation to approve Budget Resolution No. 06-322 in the amount of $1,081,502. 6. SHERIFF Budget Amendment for Miscellaneous Income — Consider staff recommendation to approve the Sheriff's request for a budget amendment to increase the budget for miscellaneous revenues by $137,269. Consent Agenda November 28, 2006 Page Two T. AIRPORT A. Request approval of the 2007 AB Management Associates Consulting Agreement for St. Lucie County International Airport — Consider staff recommendation to approve the Consulting Agreement with AB Management Associates for an amount not to exceed $26,400 to provide Federal Governmental Affairs support services to facilitate the commissioning of the A5R-11 radar, and funding for the proposed parallel runway, and to provide other services at the Federal level, and authorize the Chair or designee to execute the same. B. Request for approval of Kimley-Horn Works Authorization for Phase 3 Security Fencing & Culvert Plan Preparation, Permitting Assistance, Bidding & Construction Phase Services and Construction Management at the St. Lucie County International Airport - Consider staff recommendation to approve Kimley-Horn Works Authorization in the amount of $81,115 for security fencing & culvert plan preparation, permitting assistance, bidding and construction phase services, and construction management for the St. Lucie County International Airport and authorize the Chair or designee to execute some. Pulled Prior to meeting C. Request approval of Airport Leasing Policy for the St. Lucie County International Airport — Consider staff recommendation to approve the attached Airport Leasing Policy for the St. Lucie County International Airport 8. PARKS AND RECREATION Equipment Request 07-292/Budget Amendment 07-018 — Consider staff recommendation to approve Equipment Request No. 07-292 and Budget Amendment 07-018 for the purchase of a combination snacks and soda vending machine in the amount of $1650 for the Savannas Recreation Area. 9. MOSQUITO CONTROL Bear Point Mitigation Banks - Credit Reservation Agreement with CGW Mitigation Bank — Consider staff recommendation to approve the proposed Bear Point Mitigation Banks Credit Reservation Agreement with CGW Mitigation Bank, pending review and approval/changes of the Agreement by the County Attorney's Office, and authorize the Chairman to sign the Agreement. 100 COMMUNITV SERVICES A. Approval of Resolution 06-372 and authorization to apply and accept the 2005/06 grant for $1,269,167 from the U. S. C. 5307 Federal Transit Administration grant program, acceptance of the award and approval of the Subgrant Agreement with Council on Aging for the implementation of the program — Consider staff recommendation to approve the grant application and Resolution No. 06-372, acceptance of the FTA grant and authorization for the Chairman to sign all documents necessary and approval of the Subgrant Agreement with Council on Aging for the implementation of the program. B. Authorize the submission of a Federal Appropriation request for buses and bus stop infrastructure — Consider staff recommendation to authorize the submission of a Federal Appropriation request for buses and bus stop infrastructure. C. Approval of the First Amendment to Grant Agreement C06-06-556, with New Horizons of the Treasure Coast, Inc., in order to correct the amount from $680,411.00 to $748,452.00 — Consider staff recommendation to approve the First Amendment and authorize the Chair to sign all necessary documents. Consent Agenda November 28, 2006 Page Three COMMUNITY SERVICES CONTINUED D. Approval of a Subgrant Agreement with Council on Aging of St. Lucie, Inc., pursuant to the Florida Department of Transportation Joint Participation Agreement #AOG76 in the amount of $40,000 grant for radio marketing of the Treasure Coast Connector — Consider staff recommendation to approve a Subgrant Agreement with Council on Aging of St. Lucie, Inc., and authorization for the Chair to sign all necessary documents. E. Approval of the advertisement, bid selection, award and enter into a contract with the highest ranked firm for Project Delivery Services and Administration for the HOME Consortium — Consider staff recommendation to Approval of the advertisement, bid selection, award and enter into a contract with the highest ranked firm for Project Delivery Services and Administration for the HOME Consortium and authorize Chair to sign necessary documents. F. Equipment Request for Community Services Housing Department — Consider staff recommendation to approve the equipment request and authorize Chair to sign necessary documents. lie ENVIRONMENTAL RESOURCES A. Request the Board approve the language in the attached letter to the Glades County Board of County Commissioners urging them to reconsider their support for a coal fired power plant in Glades County and request the Board authorize the Chairman to sign the letter and forward to the Glades County Board of County Commissioners — Consider staff recommendation to approve the letter to the Glades County Board of County Commissioners urging them to reconsider their support of the siting of a coal fired power plant in Glades County and recommends that the Board authorize the Chairman to sign the letter and forward to the Glades County Board of County Commissioners. B. Staff requests that the Board approve Budget Amendment BA07-020 in the amount of $120 and approve revised Equipment Requests EQ07-063, EQ07-064, and EQ07-066 for the purchase of three new computers — Consider staff recommendation to approve Budget Amendment BA07-020 in the amount of $120 and approve revised Equipment Requests EQ07-063, EQ07-064, and EQ07-066 for the purchase of three new computers. 12* CULTURAL AFFAIRS Authorize the Chair to sign the grant contract prepared by the County Attorney to provide a $25,000 grant to match $25,000 raised by the White City Improvement Club to move the historic Jorgensen House — Consider staff recommendation to Authorize the Chair to sign the grant contract prepared by the County Attorney to provide a $25,000 grant to match $25,000 raised by the White City Improvement Club to move the historic Jorgensen House. ANNOUNCEMENT$ November 28, 2006 Meeting Changes: There will be no Board of County Commissioners meeting on Tuesday, December 26, 2006 due to the County's observance of the Holiday. Port St. Lucie Branch Library 35th anniversary on Friday, December 8th at 10:00 a.m. Artist Carmen Zwiebaclz will unveil a new painting to be hung in the library's reading room. Library is located at 180 SW Prima Vista Blvd., Port St. Lucie. For more information call 871-5450. 2. The County Commissioners will hold a Workshop on Rangeline Road Utilities on Friday, December 15, 2006 at 2:00 p.m. in the County Commission Chambers. 3. The Board of County Commissioners is currently accepting applications to fill vacancies on the various Boards and Committees. Anyone wishing to apply can obtain an application from the St. Lucie County Administration office. For more information please call Missy Stiadle 462-1156. 4. The St. Lucie County Sheriff's Explorer Post will hold its 6th annual Civil War Re-enactment event at the Savannas Recreation Area on December 2 (9-5:30 PM) and 3 (9-3 PM). The main battles will take place at 2 PM on December 2 and 1 PM on December 3. The Savannas is located at 1400 E. Midway Road, Ft. Pierce. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. a Paula A. Lewis, Chairman District Nee 3 Doug Coward, Vice Chairman District Me. 2 Joseph E. Smith District No. t Charles Grande District No. 4 Chris Craft District No. S AGENDA November 28, 2006 t. MINUTES Approve the minutes from the meeting held on November 21, 2006 Z. GENERAL PUBLIC COMMENT CONSENT AGENDA t. WARRANTS LIST Approve warrants List No. 8 Z. PURCHASING Approval of a Sole Source and Contract with Locher Environmental Technologies, Inc. for the procurement, installation, and maintenance of seven Cellular Telemetry Monitoring Systems for the Mosquito Control District — Consider staff recommendation to approve a Sole Source and Contract with Locher Environmental, Inc. for the purchase, installation, and maintenance of seven (7) Cellular Telemetry Monitoring Systems for the total amount $120,718.10. Also, staff requests the Board's permission for the Chairman to sign the contract as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (T72) 462- 1428 at least forty-eight (48) hours prior to the meeting. Charles Grande, Chairman Chris Craft, Vise Chairman Joseph E. Smith Doug Coward Paula A. Lewis 1. MINUTES District No. 4 District No. S District Noe District No. Z District No. 3 AGENDA November 28, 2006 Approve the minutes from the meeting held on November 21, 2006 Z. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve Warrants List No. 8 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONER: ADDITIONS AGENDA November 28, 2006 CONSENT AGENDA CAI. COUNTY ATTORNEY Extension of Declaration of State of Local Emergency — Indian River Drive — Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462- 1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Comm. Craft notes for BOCC Meeting Pulled Agenda Items: C7C — Airport Item Additions to the Agenda: CA1 — County Attorney Item 2A — Doug Anderson will introduce Gary Carter and Paul Taglierri 2B — Comm. Smith will present 2C — Ed Fry Clerk of Court 2D — Corine Williams, St. Lucie County Transit Manager BOARD OF COUNTY COMMISSIONERS ADDITION$ AGENDA November 28, Z006 CONSENT AGENDA CAI. COUNTY ATTORNEY Extension of Declaration of State of Local Emergency — Indian River Drive — Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462- 1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. November 28, 2006 9800 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONE$ AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak: to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will asks for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONER$ www.co.st-lucle.fl.us Chris Craft, Chairman Joseph E. Smith, Vice Chairman Doug Coward Paula A. Lewis Charles Grande November 28, 2006 9800 A.M. Invocation Pledge of Allegiance District Nee 6 District No. t District No. z District No. 3 District No. 4 f. MINUTES Approve the minutes of the meeting held on November 14, 2006 Approve the minutes of the meeting held on November 21, 2006 Z. OCLAMATION$/PRESENTATION$ Resolution No. 06-371 — Congratulating the St. Lucie Mets on Winning Their Fifth (51h) Florida State league Championship this 2006 Season — Consider staff recommendation to adopt the attached Resolution No. 06-371 as drafted. Executive Roundtable of St. Lucie County, Inc. HIV/AIDS Community Outreach Video Ed Fry, Clerk of Court to present the Annual Financial Report and Excess Fees for Fiscal Year 2005- 2006 Corine Williams, St. Lucie County Transit Manager, will show the Council on Aging entry for Electronic Media Promotion — Class 1 featuring the Treasure Coast Connector and present the Florida Public Transportation Association award to Darrell Drummond, President and CEO of Council on Aging of St. Lucie, Inc/Community Transit. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS S MANAGEMENT AND BUDGET Amendment to FY 2006 Budget — Consider staff recommendation to adopt Budget Resolution No. 06-352 amending the FY06 budget. COMMUNITY SERVICES Proposed budget amendment to Community Development Bloch Grant Disaster Recovery Initiative (CDBG DRI) #06DB-W32 — Consider staff recommendation to approve of the budget amendment to CDBG DR[ #06DB-W32 and authorize Chair to sign necessary documents. SCE! COUNTY ATTORNEY Geoplasma — St. Lucie LLC — Industrial Development Revenue Bonds — Based on the recommendation of the County's Bond Counsel, staff recommends that the Board adopt Resolution No. 06-373 and authorize the Chairman to sign the Resolution. END OF PUBLIC HEARINGS Regular Agenda November 28, 2006 Page Two 6. COUNTY ATTORNEY TVC Stewardship District - Implementation Options — Staff recommends that the Board determine which option the Board desires staff to pursue CONSENT AGENDA 1. WARRANTS 29 Approve warrant list No 8. Resolution No. 06-345 — Changes to the St. Lucie County Investment Policy — Consider staff recommendation to adopt Resolution No. 06-345 as drafted. 3. PURCHASING A. Works Authorization No.14 under continuing contract C05-04-170 with Masteller & Moler, Inc. — Consider staff recommendation to approve Work Authorization No.14 to Contract C05-04- 170 with Masteller & Moler, Inc. in the amount of $164,500.00 and authorized the Chairman to sign the works authorization as prepared by the County Attorney. B. Approval to Piggybacks the City of Delray Beach Contract (Bid #2002-37) — Sanitary Sewer Manhole Interior Rehab with Chaz Equipment Co., Inc. — Consider staff recommendation to approve to Piggybacks the City of Delray Beach Contract (Bid #2002-37) with Chaz Equipment, and authorization for the Chairman to sign the Continuing Contract prepared by the County Attorney. 4. ADMINISTRATION A. Midway Road Improvement Project — 1-95 to SR 70 — Staff recommends the Chairman sign the letter to the Mayor of Port St. Lucie outlining the terms and conditions for an Interlocal Agreement. B. Indian River Drive — Emergency Repairs — Staff recommends the Board approve the emergency actions recommended by the County Administrator and staff to maintain the structural integrity of Indian River Drive and to enter into a contract as prepared by the County Attorney with Ranger Construction to perform the works. s. MANAGEMENT AND BUDGET A. Approval of Budget Amendment BA06-175 and Resolution No. 06-335 to cover fiscal year 2006 insufficient accounts — Consider staff recommendation to approve Budget Amendment BA06-175 and Resolution No. 06-335 to cover fiscal year 2006 insufficient accounts and to recognize revenue from FEMA and the State for hurricane related expenses. B. Approval of Budget Amendment BA07-009 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2006 — Consider staff recommendation to approve Budget Amendment No. 07-009. C. Adopt Budget Resolution No. 06-347 to accept the grant award from the Florida Department of Community Affairs in the amount of $200,000 for the Emergency Management Residential Construction program — Consider staff recommendation to adopt Budget Resolution No. 06-347 to implement the Emergency Management Residential Construction Mitigation Program. D. Acceptance of a reimbursement agreement for $1,081,502 from Florida Department of Transportation for Hurricane Wilma's debris removal, washouts and bridge repairs — Consider staff recommendation to approve Budget Resolution No. 06-322 in the amount of $1,081,502. 6. SHERIFF Budget Amendment for Miscellaneous Income — Consider staff recommendation to approve the Sheriff's request for a budget amendment to increase the budget for miscellaneous revenues by $137,269. Consent Agenda November a8, Z006 Page Two 7. AIRPORT A. Request approval of the 2007 AB Management Associates Consulting Agreement for St. Lucie County International Airport — Consider staff recommendation to approve the Consulting Agreement with AB Management Associates for an amount not to exceed $26,400 to provide Federal Governmental Affairs support services to facilitate the commissioning of the ASR-11 radar, and funding for the proposed parallel runway, and to provide other services at the Federal level, and authorize the Chair or designee to execute the same. B. Request for approval of Kimley-Horn Work Authorization for Phase 3 Security Fencing & Culvert Plan Preparation, Permitting Assistance, Bidding & Construction Phase Services and Construction Management at the St. Lucie County International Airport - Consider staff recommendation to approve Kimley-Hom Work Authorization in the amount of $81,115 for security fencing & culvert plan preparation, permitting assistance, bidding and construction phase services, and construction management for the St. Lucie County International Airport and authorize the Chair or designee to execute same. C. Request approval of Airport Leasing Policy for the St. Lucie County International Airport — Consider staff recommendation to approve the attached Airport Leasing Policy for the St. Lucie County International Airport 8. PARKS AND RECREATION Equipment Request 07-292/Budget Amendment 07-018 — Consider staff recommendation to approve Equipment Request No. 07-292 and Budget Amendment 07-018 for the purchase of a combination snacks and soda vending machine in the amount of $1650 for the Savannas Recreation Area. 9. MOSQUITO CONTROL Bear Point Mitigation Bank - Credit Reservation Agreement with CGW Mitigation Bank: — Consider staff recommendation to approve the proposed Bear Point Mitigation Banh Credit Reservation Agreement with CGW Mitigation Banh, pending review and approval/changes of the Agreement by the County Attorney's Office, and authorize the Chairman to sign the Agreement. 10. A. Approval of Resolution 06-372 and authorization to apply and accept the 2005/06 grant for $1,269,167 from the U. S. C. 5307 Federal Transit Administration grant program, acceptance of the award and approval of the Subgrant Agreement with Council on Aging for the implementation of the program — Consider staff recommendation to approve the grant application and Resolution No. 06-372, acceptance of the FTA grant and authorization for the Chairman to sign all documents necessary and approval of the Subgrant Agreement with Council on Aging for the implementation of the program. B. Authorize the submission of a Federal Appropriation request for buses and bus stop infrastructure — Consider staff recommendation to authorize the submission of a Federal Appropriation request for buses and bus stop infrastructure. C. Approval of the First Amendment to Grant Agreement C06-06-556, with New Horizons of the Treasure Coast, Inc., in order to correct the amount from $680,411.00 to $748,452.00 — Consider staff recommendation to approve the First Amendment and authorize the Chair to sign all necessary documents. Content Agenda November 28, 2006 Page Three COMMUNITY SERVICES CONTINUED D. Ap roval of a Subgrant Agreement with Council on Aging of St. Lucie, Inc., pursuant to the Florida D ff artment of Transportation Joint Participation Agreement #AOG76 in the amount of $40,000 g ant for radio marketing of the Treasure Coast Connector — Consider staff recommendation to pprove a Subgrant Agreement with Council on Aging of St. Lucie, Inc., and authorization for the hair to sign all necessary documents. E. Approval of the advertisement, bid selection, award and enter into a contract with the highest ranked firm for Project Delivery Services and Administration for the HOME Consortium — Consider staff recommendation to Approval of the advertisement, bid selection, award and enter into a contract with the highest ranked firm for Project Delivery Services and Administration for the HOME Consortium and authorize Chair to sign necessary documents. F. Equipment Request for Community Services Housing Department — Consider staff recommendation to approve the equipment request and authorize Chair to sign necessary documents. 11. N RONMEN7<AL RESOURCESJ Request the Board approve the language in the attached letter to the Glades County Board of County ), Commissioners urging them to reconsider their support for a coal fired power plant in Glades County and request the Board authorize the Chairman to sign the letter and forward to the Glades County Board of County Commissioners — Consider staff recommendation to approve the letter to the Glades County Board of County Commissioners urging them to reconsider their support of the siting of a coal fired power plant in Glades County and recommends that the Board authorize the Chairman to sign the letter and forward to the Glades County Board of County Commissioners. B. Staff requests that the Board approve Budget Amendment BA07-020 in the amount of $120 and approve revised Equipment Requests EQ07-063, EQ07-064, and EQ07-066 for the purchase of three new computers — Consider staff recommendation to approve Budget Amendment BA07-020 in the amount of $120 and approve revised Equipment Requests EQ07-063, EQ07-064, and EQ07-066 for the purchase of three new computers. 120 CULTURAL AFFAIRS Authorize the Chair to sign the grant contract prepared by the County Attorney to provide a $25,000 grant to match $25,000 raised by the White City Improvement Club to move the historic Jorgensen House — Consider staff recommendation to Authorize the Chair to sign the grant contract prepared by the County Attorney to provide a $25,000 grant to match $25,000 raised by the White City Improvement Club to move the historic Jorgensen House. ANNOUNCEMENT$ November 28, 2006 Meeting Changes: • There will be no Board of County Commissioners meeting on Tuesday, December 26, 2006 due to the County's observance of the Holiday. 1. Port St. Lucie Branch Library 35th anniversary on Friday, December 8th at 10:00 a.m. Artist Carmen Zwiebach will unveil a new painting to be hung in the library's reading room. Library is located at 180 SW Prima Vista Blvd., Port St. Lucie. For more information call 871-5450. 2. The County Commissioners will hold a Workshop on Rangeline Road Utilities on Friday, December 15, 2006 at 2:00 p.m. in the County Commission Chambers. 3. The Board of County Commissioners is currently accepting applications to fill vacancies on the various Boards and Committees. Anyone wishing to apply can obtain an application from the St. Lucie County Administration office. For more information please call Missy Stiadle 462-1156. 4. The St. Lucie County Sheriffs Explorer Post will hold its 6th annual Civil War Re-enactment event at the Savannas Recreation Area on December 2 (9-5:30 PM) and 3 (9-3 PM). The main battles will take place at 2 PM on December 2 and 1 PM on December 3. The Savannas is located at 1400 E. Midway Road, Ft. Pierce. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. Paula A. Lewis, Chairman Doug Coward, Vice Chairman Joseph E. Smith Charles Grande Chris Craft I. MINUTES e District No. 3 District No. 2 District No. I District No. 4 District No. S AGENDA November 28, 2006 Approve the minutes from the meeting held on November 21, 2006 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 8 Z. PURCHASING Approval of a Sole Source and Contract with Locher Environmental Technologies, Inc. for the procurement, installation, and maintenance of seven Cellular Telemetry Monitoring Systems for the Mosquito Control District — Consider staff recommendation to approve a Sole Source and Contract with Locher Environmental, Inc. for the purchase, installation, and maintenance of seven (7) Cellular Telemetry Monitoring Systems for the total amount $120,718.10. Also, staff requests the Board's permission for the Chairman to sign the contract as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. Chris Grande, Chairman Charles Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis I. MINUTES District Noe 4 District Noe S District Noe I District Noe Z District Noe 3 AGENDA November 28, 2006 Approve the minutes from the meeting held on November 21, 2006 Ze GENERAL PUBLIC COMMENT CONSENT AGENDA t. WARRANTS LIST Approve Warrants List No. 8 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action talzen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. Charles Grande, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis t. MINUTES District No. 4 District No. S District No. t District No. 2 District No. 3 AGENDA November 28, 2006 Approve the minutes from the meeting held on November 21, 2006 Z. GENERAL PUBLIC COMMENT CONSENT AGENDA t. WARRANTS LIST Approve Warrants List No. 8 4 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action talRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. 0 AGENDA REQUEST ITEM NO. -A DATE: November 28, 2006 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: See CA No. 06-1945 Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. [�(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRE E: Dojg-1Z M. Anderson County Administrator AReview and Approvals [X] County Attorney: [ ]Management & Budget. [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 06-1945 DATE: November 28, 2006 SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of several property owners to repair their embankments causing severe erosion to the embankment and undermining Indian River Drive in several locations. Resolution No. 00-277 authorizes the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. On November 21, 2006, the Board approved a Declaration of Emergency on Indian River Drive. It is necessary to extend that state of emergency. Attached is an extension of the Declaration of Local Emergency for Indian River Drive. RECOMMENDATION/CONCLUSION: Staff recommends the that Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. Respectfully submitted, Heather Sperrazza Luek Assistant County Attorney H L/ AN ORDER OF THE PUBLIC SAFETY DIRECTOR OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY ( Indian River Drive South of Mockingbird Lane) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The Public Safety Director declared a state of emergency on November 21, 2006, at 9:00 am on Indian River Drive South of Mockingbird Lane. 3. Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of the several property owners to repair their embankments, causing severe erosion to the embankment and undermining Indian River Drive in several locations. 4. The presence of this severe erosion and undermining of Indian River Drive has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Such declaration is extended for seven (7) days until December 5, 2006 at 9:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 7. This Extension of the Declaration of Emergency shall become effective November 28, 2006 at 9:00 a.m. Jack T. Southard Public Safety Director 11/22/06 FZABWARR FUND TITLE 001 001177 001182 101 101002 101003 101004 101006 101213 102 102001 105 107 107001 107003 107006 107147 113 114 116 117 119 123 129 )001 140322 140323 160 170 183 183001 183004 185008 310002 310201 315 316 316301 401 418 451 461 471 491 505 611 615 ST. LUCIE COUNTY - BOARD WARRANT LIST #8 - 18-NOV-2006 TO 22-NOV-2006 FUND SUMMARY General Fund Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT 25th St. Widening Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FDLE Edward Byrne Memorial JAG 06 Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Parks MSTU Fund Port & Airport Fund Port Fund Industrial Park West Development FDOT/Drainage Improvements AL643 Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA Hurricane Housing Recovery Impact Fees -Parks FDEP/FRDAP Ancient Oaks County Building Fund County Capital FDOT Intermodal Improvements Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund EXPENSES 224,334.92 152.33 409.32 530.00 172,844.03 35,944.40 8,865.24 54,341.81 673,798.88 7,022.47 89,381.41 1,758.35 7,972.47 1,150.00 1,548.29 94,298.28 13,215.29 233.02 507.91 568.21 141.44 885.56 297.00 427,130.00 40,876.20 433.74 187,807.24 2,600.39 1,089.77 17,961.30 315.27 520.00 639.10 1,706.56 59,398.03 27,105.49 4,326.61 3,732.00 90,696.00 280,522.24 3,969.15 34,997.48 5,280.77 425.80 6,080.10 68.85 1,500.00 33,365.76 PAGE 1 PAYROLL 38,290.94 0.00 0.00 0.00 0.00 119.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11/22/06 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #8 - 18-NOV-2006 TO 22-NOV-2006 FUND SUN24ARY FUND TITLE 630 Tax Deed Overbid Agency Fund 650 Agency Fund 801 Bank Fund GRAND TOTAL: EXPENSES 17,131.43 92.56 188.66 2,640,161.13 PAYROLL 0.00 0.00 0.00 38,410.14 11/22/06 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #8 - 18-NOV-2006 TO 22-NOV-2006 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 7,290.30 145120 USDA Emerg Watershead 46,754.86 GRAND TOTAL: 54,045.16 PAGE 1 PAYROLL 0.00 0.00 0.00 11/22/06 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #8 - 18-NOV-2006 TO 22-NOV-2006 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 5,662.50 0.00 GRAND TOTAL: 5,662.50 0.00 11/22/06 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR VOID LIST# 8 - 18-NOV-2006 TO 22-NOV-2006 ID: 107 - Fine & Forfeiture Fund CHECK INVOICE VENDOR TOTAL 00343786 I2702022 Public Defender 19th Judicial 680.40 I2702024 366.84 I2702027 55.25 I2702150 2,861.83 CHECK TOTAL: 3,964.32 FUND TOTAL: 3,964.32 11/22/06 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR VOID LIST# 8 - 18-NOV-2006 TO 22-NOV-2006 1D: 107002- Fine & Forfeiture Fund-E911 Surchar CHECK INVOICE VENDOR TOTAL 00343786 I2702031 Public Defender 19th Judicial 1,741.00 FUND TOTAL: 1,741.00 11/22/06 ST. LUCIE COUNTY - BOARD PAGE 3 FZABWARR VOID LIST# 8 - 18-NOV-2006 TO 22-NOV-2006 4 !D: 107006- F&F Fund -Court Related Technology CHECK INVOICE VENDOR TOTAL 00343786 I2702029 Public Defender 19th Judicial 53,209.19 FUND TOTAL: 53,209.19 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 14, 2006 Convened 6:00 p.m. Adjourned: 7:45 p.m. Commissioners Present: Chairman, Doug coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Roger Shinn, Central Services Director, Jack Southard, Public Safety Director, Michael Brillhart, Strategy & Special Projects Director, Robert Nix, Growth Management Director, Vanessa Bassey, Environmental Resources Director, Millie Delgado -Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the minutes of the meeting held October 24, 2006 and the special public hearing on October 24, 2006, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 06-350 Proclaiming November 21, 2006 as "Philanthropy Day" in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Smith, to approve Resolution No. 06*350, and; upon roll call, motion carried unanimously. 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board regarding alternative energy resources, i.e. solar, the port and expressed his concerns with the metal produced by the proposed plant at the landfill. Com. Coward addressed Mr. Arena's comments. Com. Lewis advised the Board of her concern regarding the reorganization CA-5 of the Tourism & Economic Development Division, the Special Projects Department and Public Information office. 4. CONSENT AGENDA It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the Consent Agenda with items C-2I and C13-F pulled and CA-1, CA-2,CA-3,CA4, and CA-5 added, and; upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List No. 4,5, and 6. 2. COUNTY ATTORNEY A. Revocable License Agreement- Wynne Building Corp- Lexington Square- Forcemain- The Board approved the Revocable License Agreement authorized the Chairman to sign the Revocable License Agreement and 10/31/06 FZABWARR FUND TITLE 001 001174 001180 001404 101 101002 101003 101004 102 107 107001 107003 107006 126 140 160 183 185007 185008 401 418 451 461 471 625 650 666 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #4 - 21-OCT-2006 TO 27-OCT-2006 FUND SUMMARY General Fund FHFC Disaster Relief Grant US Dept Housing HUD Shelter Plus Gr 05 CSBG Sup Diaster Recovery Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Southern Oak Estates Lighting Port & Airport Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Law Library Agency Fund SLC Economic Development Trust Fund Bank Fund GRAND TOTAL: EXPENSES 425,729.19 110.65 6,803.43 0.00 33.00 8,083.01 67.50 5,780.74 2,046.64 1,967.43 2,556.71 2,682.00 22,442.58 121.81 5,049.50 339.08 448.15 0.00 5,719.65 21,527.70 31,823.27 431.51 97.20 12,483.06 320.25 260,557.56 715.97 7,455.61 10,000.00 11,660.55 847,053.75 PAGE 1 PAYROLL 1,826.64 0.00 0.00 991.28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,982.54 991.26 0.00 0.00 0.00 0.00 0.00 0.00 5,164.64 0.00 0.00 0.00 0.00 10,956.36 11/ 3/06 F7-ABWARR FUND TITLE 001 001159 001174 001177 001182 001404 001415 001814 101 101002 101003 101004 102 102001 105 107 107001 107002 107003 107006 107146 ill 112 11.0 __9 130 139 140 150 160 170 183 183004 183006 185007 185008 215 217 295 301 316 317 382 401 418 451 458 ST. LUCIE COUNTY - BOARD WARRANT LIST #5 - 28-OCT-2006 TO 03-NOV-2006 FUND SUMMARY General Fund PTA Section 5303 Grant FY 04 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 05 CDBG Sup Diaster Recovery TDC Planning Grant FY 07 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FDLE Homeland Security Law Enforcem River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Parks MSTU Fund SLC Public Transit MSTU Palm Grove Fund Port & Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Sales Tax Revenue Bonds I&S Fund State Revenue Sharing Bonds I&S Fnd River Branch I&S Fund So. County Regional Stadium County Capital County Capital -St Revenue Share Bnd Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund EXPENSES PAGE 1 PAYROLL 2,562,336.67 649,609.34 19.35 261.63 91000.00 0.00 163.64 2,211.85 95.64 1,283.10 97.92 1,325.47 77.41 1,046.51 106.48 1,391.91 7,726.74 42,073.35 37,383.48 47,621.39 37,785.54 34,164.10 4,009.70 18,604.52 7,453.19 78,882.53 423.81 5,656.72 1,898.75 0.00 3,531,234.24 121,434.57 77.64 1,019.04 157.46 2,098.79 45.69 0.00 62,882.51 6,248.06 21,500.00 0.00 2,782.84 0.00 590.95 0.00 175.80 0.00 1,015.34 0.00 7,000.00 0.00 1,709.64 1,956.01 741.53 0.00 7,042.43 14,604.30 571.31 2,130.41 1,563.94 3,710.00 340,766.63 0.00 52,105.93 0.00 177.23 1,507.10 21.50 0.00 74.78 1,021.00 54,568.05 3,218.27 11000.00 0.00 1,025.00 0.00 9,762.77 0.00 15,000.00 0.00 16,458.50 0.00 93,522.07 0.00 450.00 0.00 65,174.46 63,198.53 21,682.86 20,764.92 11,083.87 1,982.86 40.41 547.98 L'./03/06 ST. LUCIE COUNTY - BOARD F7,ABWARR WARRANT LIST #5 - 28-OCT-2006 TO 03-NOV-2006 FUND SUMMARY FUND TITLE 461 Sports Complex Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 630 Tax Deed Overbid Agency Fund 689 Rouse Road MSBU 690 Treasure Cove/Ocean Harbor S MSBU 801 Bank Fund EXPENSES 5,541.34 13,933.53 64.74 110.63 6,350.72 168,420.40 2,760.00 297.86 46,686.85 10,676.50 20,189.58 307,664.18 PAGE 2 PAYROLL 16,079.89 6,993.07 878.70 1,477.41 77,175.91 5,748.15 0.00 3,997.74 0.00 0.00 0.00 0.00 GRAND TOTAL: 7,573,280.03 1,241,925.13 11/09/06 FZABWARR i FUND TITLE 001 001164 001172 001174 001177 001179 001180 001181 001404 001814 101 101002 101003 101004 101006 101214 102 102001 107 107001 107002 107003 107006 107144 129 130 130204 140 140001 140323 140328 150 160 170 183 183003 183004 183006 185007 185008 310003 316 317 39007 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST #6 - 04-NOV-2006 TO 09-NOV-2006 FUND SUMMARY General Fund USDOJ Violence Against Women Grant CDBG Grant FY 05 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning-2006 CSBG FY 06 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita 05 CDBG Sup Diaster Recovery Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT US1 & Indrio Road Construction Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Edward Bryne Memorial Assistance Sheraton Plaza Fund Paradise Park Fund Parks MSTU Fund SLC Public Transit MSTU FDOT - Intermodal Facility Grant Port & Airport Fund Port Fund FDOT/Drainage Improvements AL643 FDOT Land Acquisitions/Planning Stu Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator=19th Judicial Cir Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Impact Fees -Public Buildings County Capital County Capital -St Revenue Share Bnd Indian River.Estates MSBU Sanitary Landfill Fund Golf Course Fund EXPENSES 369,857.99 16.03 22,767.00 12,304.00 712.93 173.40 5.09 89.29 203.32 270.21 9,536.58 50,726.31 389,611.06 16,171.78 211,565.80 7,728.90 39,876.06 29,491.45 99,457.06 197.82 402.23 3,173.10 25,720.42 62,300.00 518.06 716.03 612,935.82 192.67 92,270.25 11,395.47 5,941.87 49,187.30 5,329.05 413.63 476.65 1,087.50 1,200.52 494.99 687.66 539.73 298.78 2,794.53 2,767.50 2,648.25 30,988.50 6,596.24 1,172,583.66 13,557.98 PAGE 1 PAYROLL 28,181.45 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16,095.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11/09/06 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #6 - 04-NOV-2006 TO 09-NOV-2006 FL]ND St7MMAR V FUND TITLE 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 461 Sports Complex Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 615 Impact Fees Fund 625 Law Library 630 Tax Deed Overbid Agency Fund 681 King Orange 2 682 Skylark 2 683 Revels Lane 1 801 Bank Fund EXPENSES 877.61 108.12 4,738.15 5,308.53 172.73 272.81 26,676.45 262,356.76 85,806.92 46,699.43 21,424.95 5,365.00 49,707.79 4,916.03 3,712.12 6,220.29 303.72 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,584.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 GRAND TOTAL: 3,892,647.88 49,861.34 directed Wynne Building Corp., to record the document in the Public Records of St. Lucie County, Florida. B. Subdivision Improvement Agreement- Creekside Plat No. 2- The board approved the Subdivision Improvement Agreement and authorized the Chairman to sign the agreement. C. Subdivision Improvement Agreement- Celebration Pointe- The Board approved the Subdivision Improvement Agreement and authorized the Chairman to sign the agreement. D. Children's Home Society of Florida, Treasure Coast Division -Fourth Amendment to June 22, 1993 Facilities Use Agreement- The Board approved the proposed Fourth Amendment to the June 22, 1993 Facilities Use Agreement with the Children's Home Society of Florida, Treasure Coast Division, and authorized the Chairman to sign the amendment. E. Declaration of State of Local Emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. F. Florida Communities Trust- Indrio North Savannas Two /FCT Project 06-060- FF6- Grant Contract - The Board approved the Florida Communities Trust Grant Contract for the Indrio North Savannas Two project and authorized the Chairman to sign the Grant Contract and transmit to Florida Communities Trust. G. South 26`h Street Area Improvements Community Development Block Grant (CDBG) Project First Amendment to Interlocal Agreement with City of Ft. Pierce and FPUA- The Board approved the First Amendment to the Interlocal Agreement for the South 26 h St., Area Improvements CDBG Project and authorized the Chairman to sign the Interlocal Agreement. H. St. Lucie County International Airport- Estimate from FPL to relocate transmission facilities- The Board approved the estimate from FPL to relocate its transmission facilities east of North Kings Highway and north of St. Lucie Blvd., and authorized staff to request a detailed binding estimate from FPL to perform the work. Pulled prior to the meeting. J. Street Naming — Carmel at Beau Rivage- 15' access easement Caedmen Court- Resolution No. 06-349- The Board approved Resolution No. 06-349 for the proposed street name Caedmen Court, and directed staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff's office and record the Resolution in the Public Records of St. Lucie County. PUBLIC WORKS A. Engineering Division SR 615 S. 25t' Roadway Widening (Midway Road - Edwards Road)- Fourth Amendment to Work Authorization No. 16 — The Board approved the Fourth Amendment to Work Authorization No. 16 with Dunkelberger & Engineering & Testing to provide additional soil testing services ion the amount of $50,000 for the S. 25t' St. Roadway Widening. B. Engineering Division- Second Amendment to Work Authorization No. 3 or Professional Construction Inspection Services with LBF&H - The Board approved the Second Amendment to Work Authorization No. 3 for Professional Construction Inspection Services with LBFG for a time extension in which all work shall be completed by December 31, 2006 for the Gordy Road Recreation Area and authorized the Chairman to sign. C. Engineering Division- Kings Highway -Orange Avenue Improvements - The Board approved Work Authorization No. 1 with Inwood Consulting Engineers in the amount of $569,216.52 for the design of Kings Highway and Orange Avenue Intersection Improvements and authorized the Chairman to sign. D. Budget Amendment No. 07-010 and Equipment Request No. 07-87 to purchase Laptop Computer System and software for the Stormwater Program Coordinator position- The Board approved Equipment Request No. 07-087 and Budget Amendment No. 07-010 to allow the transfer of funds from the Capital to the Operations Budget in the amount of $2,300.01. E. Accept the project, release the retainage, and provide Final Payment to Contract No. C05-12-728 in the amount of $27,540,000 to Johnson -Davis, Inc., for the River Park Place at Merritt Ditch, Culvert Replacement project - The Board approved and authorized the Chairman to; accept the project; release the retainage in the amount of $27,540.00 and make final payment to the contractor Johnson -Davis, Inc., in the amount of $27,540.00 for the River Park Place Culvert Replacement project. F. Engineering Division- Approve Change Order No. 5 in the amount of $163,586.65 for improvements to Torino Parkway at Midway Road Intersection part of the Midway Road and Glades Cut off Road Intersection Improvement project- The Board approved Change Order No. 5 in the amount of $163,586.65 authorized the Chairman to sign the Change Order, Contract CO3-06-451 constructed by Community Asphalt Corp. G. Revision to Amendment One of the JPA with FDOT for reimbursement of costs related to Hurricane Frances- The Board approved the revision to Amendment One to Emergency JPA ANX 51 with the FDOT for reimbursement of costs related to Hurricane Frances. The revision is a redistribution and decrease in funding of $1,821,638.76 for items that were in excess over the actual costs incurred and authorized the Chairman to sign. G. Engineering Division- Award Bid No.06-101 for the South 260' Street Area Improvements project to Ric Man International, Inc., in the amount of $1,963,687.- The Board approved and authorized the Chairman to sign award of the contract to Ric Man International in the amount of $1,963,687. 4. PUBLIC SAFETY Budget Resolution No. 06-323- The Board approved Budget Resolution No. 06-323 in the amount of $ 322,927 for the capital lease from BellSouth to upgrade the BellSouth phone system in the 911 Center and authorized the Chairman to sign. 5. ADMINISTRATION A. Amendment to FEMA Lease- The Board approved the revised Lease Agreement with FEMA allowing trailer storage at the 50 acre Fairground site. B. Historical Commission- The Board ratified Commissioner Lewis' appointment of Ramon Trias to the Historical Commission. C. Citizen's Budget Committee- The Board ratified Commissioner Craft's appointment of Barry Schrader to the Citizens Budget Committee. D. Contractor's Licensing Board- The Board ratified Commissioner Coward's appointment of Shawn Mitchell to the Contractor's Licensing Board. 6. PURCHASING A. Work Authorization No. 11 - The Board approved Work Authorization No. 11 to Contract CO3-02-235 with Hazen & Sawyer P.C. in the amount of $60,600. and authorized the Chairman to sign the work authorization as prepared by the County Attorney. B. Second Amendment to Contract C04-05-220 with John Corrigan for Grant Consulting for the Airport West Commerce Park EDA- The Board approved the second amendment to the contract which extends the term until December 31.2007 and authorized the Chairman to sign the amendment as prepared by the County Attorney. C. Change Order No. 1 to Contract C06-05-299 with JE Hill Contactor Inc., - The Board approved Change Order No. 1 in the amount of $6,422. and authorized the Chairman to sign the contract change order as prepared by the County Attorney. D. First Amendment to Contract C04-08-425- with Florida Rock Industries, Inc., for the purchase of Coquina Base Rock P2 for use on County roads for wet hole repair- The Board approved the First Amendment to Contract C04-08- 425 and authorized the Chairman to sign the Contract Amendment as prepared by the County Attorney. E. Second Amendment to Contract C05-11-708 with General Elevator Sales and Service for repair and maintenance services for County facilities. - The Board approved the Second Amendment to Contract C05-11708 with General Elevator Sales and Services (adds the Tradition Field elevator to contract and increases the amount by $2,700. for a new total of $18,837.64 per year) and authorized the Chairman to sign the amendment as prepared by the County Attorney. F. Permission to advertise an IFB for the Clerk of Court Annex Window Repairs- The window replacement is due to Hurricane damage done in 2004- The Board granted permission to advertise an IFB for the Clerk of Court Annex Window Repairs. G. Award of RFP 06-114- Consultant Services for a 52 acre Site Plan at the south end of the St. Lucie County Fairgrounds- The Board approve negotiating with the top ranked firm, Miller Legg. If negotiations do not succeed with Miller Legg, the Board approved negotiating with the second, then third ranked firms if necessary. H. Change Order No. 2 to contract C06-06-375 with Service Refrigeration Co., Inc/ for Bid # 06-063 Rock Road Jail Refrigeration Replacement- The Board approved Change Order No. 2 to Contract C06-06-375 with Services Refrigeration Co., in the amount of $2,300.00 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. I. Assignment of Contract C05-12-686 with Al Employment of Miami to Capital TempFunds, Inc. - The Board approved the assignment of contract C05-12-686 to Capital TempFunds and authorized the Chairman to sign the assignment as prepared by the County Attorney. Eighth Amendment to Contract CO2-11-124 with Aquagenix for providing Aquatic Vegetation Control of Drainage Right of Ways, Waterways, Lakes, Ponds, and Water Retention areas- The Board approved the Eighth Amendment to the contract in an amount not to exceed $67,500. and authorized the Chairman to sign the amendment as prepared by the County Attorney. K. Emergency Bid Waiver to Replace Public Safety — 911 Center's Recording System- The Board approved the Bid Waiver and awarded the bid to Stancil Solutions, who quoted the lowest price of $66,032.00 approved Budget 4 Amendment BA 07-013 and authorized the Chairman to sign the contract as prepared by the County Attorney. L. Reject All Bids or Bid # 06-083 — Addition to the St. Lucie County parking garage- The Board approved rejecting all bids received for Bid 06-083 because the bids exceeded the project budget. M. Third Extension to Contract No. COI-12-180 with Sierra International Machinery, LLC for maintenance services for the baler and conveyor system at the St. Lucie County Solid Waste Bailing and Recycling Facility- The Board approved the third extension to the contract and authorized the Chairman to sign the extension as prepared by the County Attorney. 7. AIRPORT A. Resolution No. 06-334 for the FDOT Joint Participation Agreement in the amount of $1,275 with a local match of $1.275 and $48,450 Federal Aviation Administration grant for a total project cost of $51,000 for an update to the Airport Layout Plan for the SLC International Airport- The Board approved Budget Resolution No. 06-334 and authorized the Chairman to sign same. B. Accept FDOT JPA in the amount of $6,621. for installation of perimeter fencing at the SLC International Airport - The Board approved accepting the FDOT JPA in the amount of $6,621 for security fencing and authorized the Chairman to execute the JPA and Resolution No. 06-333. C. Approve Budget Resolution No. 06-346 in the amount of $904,288.50 for the construction of the Aircraft Rescue Fire Fighting Facility- The Board approved Budget Resolution No. 06-346 and authorized the Chairman to execute same. 8. 2006 STRATEGIC PLANNING — PURCHASING Award of RFP 06-072- Consultant Services for a Findings and Declaration of Necessity Report to Justify and Establish Community Redevelopment Area Boundary Locations - The Board approved negotiating with the top ranked firm Keith & Schnars, and authorized the Chairman to sign the contract as prepared by the County Attorney. 9. PARKS AND RECREATION A. Fairgrounds- Purchase of Emergency Defibrillator- The Board approved BA07-012 & EQ07-288 to purchase an emergency defibrillator from Suspended Aquatic Mentor, Inc., in the amount of $1,835. for the St. Lucie County Fairgrounds. B. Capital Improvements- The Board approved transferring $2,250.00 into a capital account in order to properly classify improvement costs at the Savannas Recreation area. C. Equipment Request 07-158 and Budget Amendment 07-011- The Board approved increasing Equipment Request No. 04-158 by $288.00 for a total amount of $ 1,788. and approved Budget Amendment No. 07-011 transferring the funds for the purchase of an electric piano. D. Fairgrounds Water Plan expansion- The Board approved the use of $2,850.00 from the remaining $3,700.00 Water Plant expansion project at the Fairgrounds to hire SJKM Enterprises, Inc., to complete concrete slab platform work for placement of a 5,000 gallon tank with degassifier. E. Alcohol approval — South Causeway Park Boat Parade- The Board approved the St. Lucie Chamber of Commerce request to serve & sell alcohol during it's December 9, 2006 annual boat parade. 5 F. Tradition Field FY 06/07 Capital Improvements- The Board approved to allow SFS to proceed with the projects at a cost of $100,164.00 funds will be available from loan proceeds no expenses will be incurred until loan is secured. G. New Digital Phone system- The Board approved Budget Amendment No. BA 07-015 and Equipment Request No. EQO-290 for installation of the new NEC Digital Phone System for Parks and Recreation in the amount of $3,641.32 . H. Equipment Request No. 07-159- Budget Amendment No. 07-016- The Board approved increasing EQ 07-159 by $900.00 for a total amount of $3,500.00 and BA 07-016 transferring the funds for the purchase of an inflatable water slide. I. Approval for demolition of Savanna Campground's maintenance and gatehouse - The Board approved the demolition and the removal of the buildings from the inventory records and replacement with new maintenance building. J. Equipment Request No. 07-161 and BA 07-017 — The Board approved increasing EQ 07-161 by $200.00 for a total amount of $6,200.00 and BA 07-17 transferring the funds for the purchase of inflatable recreation equipment. 10. SOLID WASTE A. Change Order No. 1 — The Board approved Change Order No. 1 to the Contract with ERC General Contracting Services increasing the contract amount by $479,803 making the total contract amount $4,541,700.00 . B. Approval of EQ 07-286- The Board approved EQ 07-286 and authorized the purchase of a scanner for implementation of records management into Laser Fiche for a total of $1,390.00. C. Approval of Change Order No. 1 to Contract with David Engineering- The Board approved Change Order No. 1 to the contract with David Engineering and Construction, Inc., reducing the contract amount by $995,881 and approved final pay in the amount of $240,894 making the total Contract amount $558,819. 11. ENVIRONMENTAL RESOURCES A. Resolution No. 06-325- The Board approved Resolution No. 06-325 a resolution authorizing the creation of the Sustainability Advisory Ad Hoc Committee and providing for duties and functions of the committee. The Board also authorized the Chairman to sign the resolution and directed staff to record in the public records of St. Lucie County. B. Budget Amendment No. 07-014- The Board approved Budget Amendment No. 07-014 to add an additional $ 422,600 to Contractual Services ($14,600.) , Operating Supplies ($3,000.) and Equipment Rental ($5,000) from General Fund Contingency to cover additional expenses. 12. GRANTS Z Subgrrant Agreement Ft. Pierce Housing Authority- The Board approved the execution of a subgrant agreement with the Ft. Pierce Housing authority for implementation of a grant award for $50,000 received from the South Florida Water Management District's Water Savings Incentive Program to replace older high volume fixtures with low -flow showerheads, bath and kitchen faucet and commodes in Ft. Pierce Housing Authority low-income residential homes. 13. COMMUNITY SERVICES A. Approval of Contract for Client Track- The Board approved the contract with Data Systems International for setup and support of Client Track software and authorized the Chairman to sign any necessary documents. B. Budget Resolution No. 06-339- The Board approved Budget Resolution No. 06-339 to encumber and expend funds in the amount of $87,500 per the contract with INTACT the long term recovery group and authorized the Chairman to sign the necessary documents. C. Resolution No. 06-344- The Board approved Resolution No. 06-344 to support elimination of the cap on the Housing Trust Funds and authorized the Chairman to sign the necessary documents. D. Release of retainage- The Board approved the release of retainage for contract C06-08-432 in the amount of $6,125.00, contract C06-08-431 in the amount of $9,255.00, and contract C06-08-433 in the amount of $16,805.36 with Alton Silver Homes and contract C06-08-429 in the amount of $6,964.00 with Angus Enterprises. E. Florida Community Development Bloc Grant Program Disaster Recovery Initiative- The Board approved advertising the bid selection, award and enter into contract with the highest ranked firm for Project Delivery Services and Administration for FY 05 and authorized the Chairman to sign the necessary documents. F. This item was pulled G. St. Lucie County Local Housing Assistance Plan- The Board approved amending the St. Lucie County Local Housing Assistance Plan for Fiscal Years 2001-2002, 2002-2003,2003-2004 SHIP Programs. H. Resolution No. 06-334- The Board approved Budget Resolution No. 06-334 in order to encumber and expend funds for the Safe Havens grant. I. Permission to implement a St. Lucie County Disaster Housing Plan- The Board approved implementing the St. Lucie County Disaster Housing Plan as instructed by the State Emergency Response Team and authorized the Chair to sign any necessary documents. 14. CENTRAL SERVICES A. Ancient Oaks- H & J Contracting /C04-05-253- Release of Retainage- The Board approved the release of retainage in the amount of $61,642.85 to H & J Contracting for the development of Ancient Oaks Park. B. Work Authorization- The Board approved a Work Authorization to continuing contract C05-05-248 Edlund Dritenbas Binkley Architects, to provide continuing architectural services at a cost of $139,462.00 for interior remodeling of a portion of the existing St. Lucie County Courthouse Annex, approved using Courthouse Facility Reserve Funds in the amount of $140,000 for these services and authorized the Chair to sign the Work Authorization as prepared by the County Attorney. VA C. Siemens Building Technologies- Contract No. C05-11-723/Change Order No. 1 - The Board approved Change Order No. 1 to Contract C05-11-723 with Siemens Building Technologies for a time extension of one hundred and fours day for completion of the contract on or before January 13, 2007 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. D. Amendment No.5 to Contract No. CO3-08-520/Edlund Dritenbas Binkley Architects - The Board approved Amendment No. 5 to Contract No. CO3-08- 520 Edlund Dritenbas to provide Architectural, Structural, Civil, Mechanical and Electrical Services at the proposed Chiller Plant Building located within the downtown Judicial Complex in the amount of $15,764.82. The Board further approved the Chairman signing the Amendment as prepared by the County Attorney. E. Approval to revoke recommendation made by the Selection Committee to the BOCC on April 25, 2006, item No. 13F to negotiate a contract with the top ranked firm Biltmore construction- The Board authorized staff to terminate negotiations with Biltmore Construction for the reasons stated above. F. Approve Change Order No. 4 Revised to Contract No. C05-12-636 with David Brooks Enterprises for the construction of the new Clerk of Court building to include construction of the downtown Chiller Plant- The Board approved Change Order No. 4 with David Brooks Enterprises to include construction of the downtown Chiller Plant at a cost of $3,512,641, approved the use of County Capital Old Courthouse Renovation funds in the amount of $1,000,000 and authorized the Chairman to sign the Change Order as prepared by the County Attorney. 15. GROWTH MANAGEMENT Petition of Culpepper & Terpening Inc., for final plat approval for the project known as Avalon Beach PUD F/K/A Ocean Estates PUD.- The Board approved the final plat of Avalon Beach PUD and authorized it's execution. 16. UTILITIES Award of RFP 06-088- Comprehensive Contract Operation and Maintenance Services for Water, Wastewater and Reclaimed Water Systems - The Board approved staff awarding RFP No. 06-088 to Severn Trent Services and authorized the Chairman to sign the necessary contract as prepared by the County Attorney. 17. INVESTMENT FOR THE FUTURE Bid Waiver and sole source declaration to Manufacturers Product Care — The Board approved the bid waiver and sole source declaration to manufacturers Product Care for the installation of Protect -All Specialty Flooring in the kitchen located at Rock Road Jail at a cost of $43,052.00 and authorized the Chair to sign the contract as prepared by the County Attorney. ADDITIONS CA-1 CENTRAL SERVICES Weldon B. Lewis Park Improvements Budget Resolution No. 06-351- The Board approved Budget Resolution No. 06-351 in the amount of $6,000 and use these funds for further improvements to Weldon B. Lewis Park. 8 CA-2. COMMUNITY SERVICES Approval to advertise Public Hearing for budget amendment to Community Development Block Grant Disaster Recovery Initiative # 06DB-W32- The Board approved advertising a Public Hearing for a budget amendment to the Community Development Block Grant Disaster Recovery Initiative and authorized the Chairman to sign necessary documents. CA-3. COUNTY ATTORNEY Records Destruction- The Board approved the destruction of records requested. CA-4. COUNTY ATTORNEY Revocable Limited License Agreement- Danella National, Inc.- The Board approved the Revocable Limited License Agreement, authorized the Chairman to sign the Agreement and directed staff to record the Agreement in the Public Records of St. Lucie County, Florida. CA-5. ADMINISTRATION Approval to Reorganize the Tourism & Economic Development Division, Strategy and Special Projects Department and Public Information office- The Board approved the re- organization . REGULAR AGENDA S.D. GROWTH MANAGEMENT Continued Petition for a Change in Zoning from IL to PUD and Preliminary PUD Plan for property located on the north side of Metzger Road, South of Avenue M, West Angle Road and East of Canal Number 29 for the project to be known as The Preserve. Draft Resolution No. 06-240 - Consider staff recommendation to continue the public hearing on this item to the December 19, 2006 at 6:00 p.m. or as soon thereafter as it may be heard. It was moved by Com. Smith, seconded by Com. Craft, to continue this item on December 19, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 51 GROWTH MANAGEMENT Petition of Port Richey Village Investments ,LLC for a 12 month extension of the approved Planned Unit Development known as Waterstone PUD F/K/A Emerson Estates. Draft Resolution No. 06-301 - Consider staff recommendation to continue this item on December 19, 2006 at 6:00 p.m. or as soon thereafter as it may be heard. It was moved by Com. Hutchinson, seconded by Com. Craft, to continue this item on December 19, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.G GROWTH MANAGEMENT Petition of Port Richey Village Investments, LLC for a Major Adjustment to an approved Planned Unit Development known as Waterstone-PUD F/K/A Emerson Estates, an approved 720 unit project consisting of 544 single family lots and 176 multiple family units —Resolution No. 06-302. It was moved by Com. Lewis, seconded by Com. Smith, to continue this item on December 19, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 0 5.A GROWTH MANAGEMENT (0:19:28) Consider Draft Resolution No. 06-298 approving the request of the Board of County Commissioners for a change in zoning from RS-2 to the AR-1 zoning district - Consider staff recommendation to approve Resolution No. 06-298. The Planning Manager stated there are 37 parcels included in this item and he is not aware of any opposition. This is the first of two public hearings no action required, the second public hearing is scheduled for December 5, 2006 at 6:00 p.m. or as soon thereafter as it may be heard. 5.13 GROWTH MANAGEMENT (0:24:04) Consider Draft Resolution No. 06-299 granting the application of St. Lucie Family Recreation Center LLC for a Major Adjustment to an Existing Conditional Use Permit to allow temporary paintball recreational activities in an IL zoning district - Consider staff recommendation to approve the modification of the conditional use. Mr. Vincent Cloe, applicant was present to answer any questions. And stated he is presently looking for a permanent location and will return to the Board. He stated they are at least 500 feet from any object. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 06- 299, and; upon roll call, motion carried unanimously. 5.0 GROWTH MANAGEMENT (0.29:57) Proposed Amendment to Chapter 5 Land Development Code, Concurrency Management, first reading- Staff recommends Ordinance No. 06-047 for approval on first reading by the Board of County Commissioners, with any changes the Board deems to be appropriate, and set a date for the second reading and adoption. The Growth Management Director addressed the Board's questions regarding "vested rights". He stated this issue was addressed on page 13 of the Ordinance and advised the Board there are about one half dozen projects that are affected by the current vested rights provision of the Code. With this particular code the vesting is 2 years for each phase. He advised the Board this would apply to the current projects. Any phase that has not been built or is not under construction when this ordinance is passed and has a certificate of capacity that is more than 2 years old would need to re -test. The grandfathered projects do fall into this provision. Com. Hutchinson questioned how many projects there are and how far into the projects they are and what is the hold up and asked those persons be notified. Com. Craft requested the information by the next reading and also questioned why public buildings were not included. The Growth Management Director stated they could be included however at this time it could not be added in time for the next hearing. Com. Coward stated he would like to make sure that the developers are paying for the impact they will cause and asked if language could be added to have the ability to require additional compensation through the development process. He asked if there were other alternatives to be able to calculate the fair share. The Growth Management Director stated they could consider alternatives. Mr. Jonathan Ferguson, Ruden McCloskey, attorney, addressed the process and stated they felt the issue need not be reviewed by the DRC or P & Z before being reviewed by the Board and asked it be attached for the Board's review. 10 Mr. Bill Blazak, Culpepper and Terpening, representing Creekside project, addressed the Board and requested clarification on the 2 year time frame with regard to the upfront money they had already paid for road improvements in the area. The Growth Management Director stated the 2 year time frame would begin when the certificate of capacity is issued. It becomes a vested project when they start the improvements. Mr. Blazak stated they could not possibly go through 5 plats in a two year period. Staff stated they would review the issue . Mr. Steve Jornegan, Community Development Council, addressed the Board and expressed his concern with the 2 year deadline for the certificate of capacity and the language for extensions. He stated large projects would have a problem moving through the process meeting this 2 year time table. He advised the Board he has presented changes for staff to review and staff has agreed on a few of those suggestions. Ms. Susie Caron, Indrio Road resident and P& Z member addressed the Board in favor of the ordinance and thanked the Growth management Director for being available to answer all questions presented. Mr. Anthony Guettler, attorney addressed the Board and expressed his concerns with Section 5.03.01 # 3, page 13 and the additional review required for projects approved 15 years ago and are still in the process of the phases. Com. Craft advised those present he felt they could not have developer's tieing up capacity for many years at no cost and having new developer's pay the cost. Mr. Jay Maycumber 8680 Indrio Road addressed the Board on the concurrency issue. The Growth Management Director addressed Mr. Maycumber's concern and stated there is an independent review underway at this time. It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance No. 06-047 on its first reading and schedule the second reading for December 5, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT Consider Development Agreement (DVA 06-02) pertaining to the Rocking Horse PUD along Johnston Road just south of the Indian River County Line- consider staff recommendation to adopt DVA 06-02 at its second public hearing on December 5, 2006. Staff was advised of an error on page 3 of the agreement where the term RE needs to be changed to PUD. Staff advised the Board the correction would be made before the second hearing. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve moving forward to the second public hearing on December 5, 2006 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 11 6. ADMINISTRATION (1.11:49) Children's Services Council- Staff recommended selection 6 nominees for submission to the Office of the Governor, for his consideration for the two vacant appointments to the Children's Services Council. Upon tally of the votes the six nominees are as follows: Cynthia G. Angelos, Corinne M. Behncke, William L. Hicks, Michael Higgins, Clyde G. Killer, Garry R. Wilson 7. COUNTY ATTORNEY TVC Stewardship- This item was pulled. COUNTY ATTORNEY Resolution No. 06-348 Resolution Authorizing $16 million special assessment improvement bonds series 2006 (Indian River Estates) Consider staff recommendation to approve Resolution No. 06-348. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve Resolution No. 06-348, and; upon roll call, motion carried unanimously. 9. GROWTH MANAGEMENT Petition of Port Richey Village Investment LLC- this item was pulled 10. 2006 STRATEGIC PLANNING GROWTH MANAGEMENT Neighborhood planning areas to be developed- staff requested direction on which area to plan first, and establish the priority order for the remaining areas. Com. Craft stated he would like the South Jenkins Road area to be looked at first and felt this would assist in moving forward the Research and Education Park area. Com. Coward stated he felt the Research and Education Park area should have high priority and felt the surrounding land use planning was very important. He stated they may be able to utilize the funds set aside for the urban design studio . The County Administrator stated they would come back to the Board with funding proposals. Com. Lewis stated she would also like to see some boundaries before it is brought back to the Board. Staff was directed to move forward and see if they can combine 1 and 2. UNAGENDAG ITEM The County Attorney addressed the law suit brought forth by Mr. Wein and reviewed the stipulation for settlement . It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the stipulation for settlement as presented by the County Attorney and authorized the Chairman to sign, and; upon roll call, motion carried unanimously. 12 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 13 t BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REORGANIZATION MEETING Date: November 21 ,2006 Convened: 9:00 a.m. Tape: 1-3 Recessed 9:11 a.m. Reconvened: 9:17 a.m. Adjourned: 9:46 a.m. Commissioners Present: Chairman, Doug Coward, Paula A. Lewis, Joseph Smith, Chris Craft (Com. Hutchinson absent) Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Heather Young, Asst. County Attorney, Dennis Wetzel, I.T. Director, Marie Gouin, M & B Director, Beth Ryder, Community Services Director, Edwin M. Fry, Jr. , Clerk of Circuit Court, Millie Delgado -Feliciano, Deputy Clerk 1. The Clerk of The Circuit Court administered the oath of office to Commissioner Coward for his 3`d term and the new Commissioner, Mr. Charles Grande. 2. GENERAL PUBLIC COMMENTS Mayor, Bob Benton congratulated Com. Coward on his re-election and also welcomed and congratulated Com. Charles Grande Ms. Susie Caron, Indrio Road resident, thanked Com. Hutchinson for her efforts during her term as Commissioner and stated it was important for the Board to work as a "team". 3. RE -ORGANIZATION A. ELECT THE CHAIRMAN OF THE BOARD At this time the Clerk of Court presided and called for nominations for Chairman of the Board of County Commissioners. It was moved by Com. Smith, seconded by Com. Lewis, to nominate Com. Craft as Chairman of the Board of County Commissioners; and upon roll call motion carried unanimously. B ELECT VICE CHAIRMAN The Chairman presided and called for nomination for Vice Chairman of the Board of County Commissioners. It was moved by Com. Lewis, seconded by Com. Grande, to nominate Com. Smith, as Vice Chairman of the Board of County Commissioners, and; upon roll call, motion carried unanimously. C. At this time the Board recessed in order to convene as the Mosquito Control Board, the Erosion District and the Environmental Control Board for their re- organization. Re -convened as the Board of County Commissioners D. The Chairman automatically becomes a member unless designated differently: i. St. Lucie County Chamber of Commerce Board of Directors (Lewis) ii. Workforce Development Board of The Treasure Coast Consortium (Craft) iii. Public Safety Coordinating Council (Craft) iv. Shared Services Network Executive Round Table (Smith) v. Tourist Development Council (Coward vi. Treasure Coast Community Alliance (Smith) vii. Local Government Subcommittee (Craft) D. The Chairman appointed the following Commissioner/s to serve on the following boards/committees for a one year term. i. Alcohol, Drug Abuse and Mental Health Committee (Lewis) ii. Blueway Advisory Committee (Grande) iii. Corridor Advisory Group (Grande) iv. Council on Aging (Lewis) v. County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries (Smith) vi. Friends of the St. Lucie County Library (Lewis)) vii. Indian River Lagoon National Estuary Program Advisory Board (Grande) viii. Land Acquisition Selection Committee (Coward) ix. Law Library Board of Trustees( Lewis) x. Local Government Subcommittee ( Craft) xi. Metropolitan Planning Organization (Grande, Craft, Lewis, Coward) alternate (Smith) xii. Nineteenth Judicial Circuit Conflict Committee (Lewis) xiii. Property & Homeowners Association (Grande) xiv. Transportation Disadvantaged Local Coordinating Board (Lewis) xv. Treasure Coast Council of Local Government (Craft) xvi. Treasure Coast Regional Planning Council 2 members: Coward and Grande 2 alternates: Craft and Lewis xvii. Value Adjustment Board (Lewis, Craft, Smith) xviii. Sunrise Theater Board (Grande) xix. Treasure Coast Community Action Agency Tripartite Board (Lewis) xx. Weed and Seed Steering Committee (Coward) xxi. Cultural Affairs (Smith) xxii. St. Lucie County Bridge and Expressway Authority (Grande,Lewis) xxiii. Healthy Kids (Craft) xxiv. Space Needs Committee (Craft) 2 xxv. St. Lucie Fire Prevention and Control District (Coward, Smith) xxvi. Treasure Coast Education Research Development Authority (Craft) xxvii. Utility Regionalization Task Force Meeting (Craft) xxviii. Florida Local Government Investment Trust (Grande) xxix. Workforce Development Board of the Treasure Coast (Grande) F. It was moved by Com. Coward, seconded by Com. Grande to approve the various appointments made by the Chairman, and; upon roll call, motion carried unanimously. G. ADVISORY BOARD VACANCIES Commissioner Joseph Smith It was moved by Com. Smith, seconded by Com. Coward, to ratify Commissioner Joseph E. Smith's appointments, and; upon roll call, motion carried unanimously. Commissioner Doug Coward It was moved by Com. Coward, seconded by Com. Lewis, to ratify Commissioner Doug Coward's appointments, and; upon roll call, motion carried unanimously. Commissioner Paula A. Lewis It was moved by Com. Lewis, seconded by Com. Smith, to ratify Commissioner Lewis' appointments, and; upon roll call, motion carried unanimously. Commissioner Charles Grande It was moved by Com. Grande, seconded by Com. Lewis, to approve Commissioner Grande's appointments, and; upon roll call, motion carried unanimously. Commissioner Chris Craft It was moved by Com. Coward, seconded by Com. Grande, to ratify Commissioner Chris Craft's appointments, and; upon roll call, motion carried unanimously. Board at large appoints- The Board will have the opportunity to make Board at -large appointments to the list of Advisory Boards and Committees, which have vacancies. It was moved by Com. Grande, seconded by Com. Coward to ratify the appointments made and grant permission for staff to advertise for applications to fill vacancies with no applications submitted. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Smith, to approve the Consent Agenda to include the additions, and; upon roll call, motion carried unanimously. The Board approved Warrant List No. 7. COUNTY ATTORNEY Declaration of State of Local Emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. 3 LA PRESENTATION Jim Eagan, Executive Director of the Marine Resources Council presented the Maggy Bowman Award for outstanding service to the Indian River Lagoon by an elected official to Commissioner Doug coward. The Chairman gave a brief overview of his visit to Tallahassee regarding the port property issue. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court :d AGENDA REQUEST ITEM NO. DATE: November 28, 2006 REGULAR [XI PUBLIC HEARING [ ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 06-371 - Congratulating the St. Lucie Mets on Winning Their Fifth (5') Florida State League Championship this 2006 Season. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 06-371 as drafted. COMMISSION ACTION: ] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: D ugl D4uAnderson County Administrator Review and AAE>royals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable)_ Purchasing Other: Eff. 5/96 RESOLUTION NO. 06-371 A RESOLUTION CONGRATULATING THE ST. LUCIE METS ON WINNING THEIR FIFTH (5th) FLORIDA STATE LEAGUE CHAMPIONSHIP THIS 2006 SEASON WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. From April to August, 2006, was the baseball season for the St. Lucie Mets, and they came through in flying colors. 2. The St. Lucie Mets swept both playoff series games against Palm Beach winning two (2) games to zero (0); and winning three (3) games to zero (0) against Dunedin; becoming the Florida State League Champions for the fifth time. 3. The previous Florida State League Championships were won by the St. Lucie Mets in 1988, 1996, 1998, and 2003. 4. Three players made the post season all-star team; Corey Coles, Jesus Flores, and Carlos Muniz; and Hall of Fame catcher Gary Carter was their manager. 5. The St. Lucie Mets broke their attendance record for the fourth straight year and broke the 100,000 mark in attendance for the first time in franchise history. 6. This Board believes the St. Lucie Mets should be recognized for their outstanding contribution to the game of baseball. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1 . This Board does hereby congratulate the St. Lucie Mets on winning their 5th Florida State League championship this season. 2. This Board further congratulates the three St. Lucie Mets players who made the post season all-star team, Corey Coles, Jesus Flores, and Carlos Muniz. PASSED AND DULY ADOPTED this 281h day of November, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY :40(o Page 1 of 1 1 Guy Medor - Fwd: st lude info From: Pamela Medina To: Medor, Guy Date: 11/13/2006 8:08 AM Subject: Fwd: st lucie info Good Morning! Hope you had a great weekend! Is the below sufficient or would like additional infor. me:0 >>> "Ari Skalet" <askalet@stluciemets.com> 11/10/2006 12:02 PM >>> Pam, Here is some bullet points: --Won 5th Florida State League Championship (1988, 1996, 1998, 2003, 2006) --Swept both playoff series (5-0). 2 games to 0 vs Palm Beach, 3 games to 0 vs. Dunedin --3 players make the post season all-star team: Corey Coles, Jesus Flores, Carlos Muniz --Hall of Fame catcher Gary Carter was our manager --Corey Coles became just the second St. Lucie Mets player to win a FSL batting championship --Jesus Flores tied for the league lead in home runs --Broke our attendance record for the fourth straight year (100,519) --Broke the 100,000 mark in attendance for the first time in franchise history Please let me know if this is o.k. Thanks, Ari Skalet Manager, St. Lucie Mets Operations (P)772-871-2100 (F)772-878-9802 -------------------------------------------- Be a part of the excitement at Shea during the 2007 season with Mets Season Tickets & Ticket Plans. Benefits include postseason ticket purchase options. Make YOUR deposit NOW at mets.com. Sea parte de la emocion en el Estadio Shea durante la temporada 2007 con Boletos de Temporada y Planes. Beneficios incluyen opciones de compra para la postemporada. Haz TU deposito AHORA en losmets.com file://C:\Documents%20and%20Settings\Administrator\Local%20Settings\Temp\GW } 00... 11 /13/2006 Mr. Anderson says that November 28th is good. Thank you. Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce, FL 34982 >>> Debra Brisson 10/30/2006 3:31:29 pm >>> Missy, Mr. A wanted to do something for the St. Lucie Mets at a BOCC Meeting. Gary Carter is available on the 28th of November. Can you see if the 28th is ok with Mr. A and find out if he wants a proclamation or presentation of a plaque? We'll wait and do something for the NY Mets right before Spring Training if that works for Mr. A. Thanks Debbie EDWIN M. FRY, JR., CPA Clerk of Circuit Court ST. LUCIE COUNTY P. O. DRAWER 700 FORT PIERCE, FLORIDA 34954 HAND DELIVERED October 31, 2006 Honorable Douglas Coward, Chairperson St. Lucie County Board of County Commissioners 2300 Virginia Avenue Annex Fort Pierce, FL 34982 Re: Annual Financial Report and Excess Fees Fiscal Year 2005-2006 Dear Chairperson Coward, In accordance with Chapter 218.36 of the Florida Statues, the Clerk of Circuit Court is pleased to return to the Board of County Commissioners the excess fees collected by this office during the fiscal Year 2005- 2006 in the amount of $ 2,396,820.21 (see attached). The excess fee amount of $2,396,820.21 is a result of strict budgeting and prudent financial operations. As always it is a pleasure working with the Board and their staff. Sincerely, wurt Edwin Mr. Fry,Clerk of Circuit Cc: Doug Anderson, County Administrator Marie Gouin, Management & Budget Director Frannie Hutchinson, Commissioner Chris Craft, Commissioner Paula Lewis, Commissioner Joe Smith, Commissioner Attachment Orange Blossom Business Center 4118 Okeechobee Road Fort Pierce, Florida 34947 (772) 462-6900 a Probate Department 415 South 2nd Street Fort Pierce, Florida 34950 (772)462-6920 County Courthouse 218 South 2nd Street Fort Pierce, Florida 34950 (772)462-6900 Finance Department 2300 Virginia Avenue Annex Fort Pierce, Florida 34982 (772)462-1476 St. Lucie West Annex 250 N.W. Country Club Drive Port St -Lucie, Florida 34986 (772)871-5375 Q Juvenile Department 435 North 7th Street Fort Pierce, Florida 34950 (772)462-6800 Certification I do solemnly swear that the information reported herein is a true, correct and complete report of all revenues and expenditures of my office for the year ending September 30, 2006. Of IN Sworn to an subscribed boreis 31 day of October, 2006, by Signatr f Notary Public State of Florida Personally own r/ or Produced Identification_ Type of Identification Produced letter. ed/annualfin 10 TAWAY . B M NoWy Pubic - Oft of Fbft ConniNon E*Aup W. 2010 C -Winn / W 5HW Bonded By W" Nobly AWL Clerk of the Circuit Court St. Lucie County, Florida STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL For the year ended September 30, 2006 Variance Final Positive Budget Actual (Negative) Revenues: Charges for services $ 4,967,590 $ 4,249,291 $ (718,299) Intergovernmental revenues 298,801 281,566 (17,235) Interest 68,518 154,774 86,256 Total revenues 5,334,909 4,685,631 (649,278) Expenditures: Clerk to the board of county commissioners —personnel 1,403,145 1,335,227 67,918 Clerk to the board of county commissioners —operations 521,424 514,490 6,934 General government -fee related —personnel 1,814,313 1,798,625 15,688 General government -fee related —operations 573,709 557,081 16,628 Capital outlay 18,615 18,615 — Total expenditures 4,331,206 4,224,038 (107,168) Excess of revenues over (under) expenditures 1,003,703 461,593 (542,109) Other Cnancing sources (uses): Transfers from the board of county commissioners 1,935,226 1,935,226 — Transfers to the board of county commissioners (2,938,929) (2,396,820) 542,109 Total other financing sources (uses) (1,003,703) (461,594) 542,109 Excess of revenues and other sources over expenditures and other uses — (0) (0) Fund balance —beginning of year Fund balance —end of year $ — $ (0) $ (0) G:\Clkbudget\budget2006\FY06 - Clerk Excess Fees.xls ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS INVESTMENT SUMMARY FISCAL YEAR 2006 The 2006 St. Lucie County Investment Committee (the Committee) was comprised of the following members: Howard Conklin, Chairman; T.J. Buckley, Mike Dillman, Chris Fogal and Todd Bevan. The Committee met on a quarterly basis on December 7, 2005, February 8, 2006, May 17, 2006, and July 26, 2006. The primary focus of the Committee continues to be the safety and liquidity of the investment portfolio. As outlined in Florida Statute and the investment policy, the primary objective of the investment activities is the protection of investment capital. The investment strategy is to provide sufficient liquidity to ensure that cash flow requirements are met through the utilization of marketable securities with structured maturities. The current portfolio is comprised of authorized investments in the State Board of Administration (SBA), the Florida Local Government Investment Trust (FLGIT), and a structured ladder of US Treasury Notes. Additional authorized investments include Certificates of Deposit (purchased at authorized financial institutions), US Government Securities and Federal Agencies and Instrumentalities. Throughout the year, the Board's funds were invested in compliance with Policy. There were no exceptions to the Policy. The secondary focus of the Committee, as outlined in Florida Statute and the Investment Policy, continues to be the yield earned on the investments. For fiscal year 2006, interest earned on the above investments was $8,318,745, for an annual rate of return of 3.63%. The year end portfolio composition was as follows: Operating Cash $ 7,619,766 3% SBA $152,524,511 67% FLGIT $ 37,996,986 17% US Treasury Notes $ 30,049,700 13% In October, 2005, the Board approved changes to the Investment Policy as recommended by the Committee. The Committee will review the Investment Policy on an annual basis for recommendations to the Board. An annual review will help ensure that the Policy continually meets the objectives of the investment strategies and reflects current market trends. v o�o o�o Ln -� H D Z O l0 N � D N S O 0 o 00 O m o% ola 0� O c 0% c i O O c v to i O m O� 'Q i JW JW jo0e O N N N N O O O O r Z` v' T N "m C-1 o�o %0 w 0 0 01. 3 �� 3 M +a .IA+ 13 -3 � � n � IA M A Q. n• 7 m a 3C2.0 m• C � -1 -n c pa A cv a 3 N (A r a ST. LUCIE COUNTY INVESTMENT COMMITTEE REGULAR MEETING Date: October 25, 2006 Convened: 8:05 a.m. Tape: 1 Adjourned: 9:25 a.m. Present: T.J. Buckley, Vice-chairman; Todd Bevan, Mike Dillman, Edwin M. Fry, Jr., Clerk of Circuit Court; Christann K. Hartley, Finance Director; Lauri Heistermann, Deputy Clerk Absent: Chris Fogal, Howard Conklin' Tape 1 I MINUTES The meeting was opened by T.J. Buckely Vice -Chairman. The minutes from the May 17, 2006 meeting were reviewed. It was moved by Todd Bevan and seconded by Mike Dillman to approve the minutes of May 17, 2006 and upon roll call motion carried unanimously. The minutes from the July 26, 2006 meeting were reviewed. It was moved by Todd Bevan and seconded by Mike Dillman to approve the minutes of July 26, 2006 and upon roll call motion carried unanimously. II. PRESENTATION OF QUARTERLY INVESTMENT REPORT The Finance Director presented the quarterly investment report for St. Lucie County for September 30, 2006 to the Committee. She reviewed the investment schedule, the investment schedule by institution, the portfolio composition and the consolidated portfolio. The Finance Director stated that all investment activity was in compliance with the bid process as outlined in the Investment Policy. All of the investment categories and portfolio composition percentages are in accordance with the Investment Policy as shown on the third schedule attached to the investment report. The Finance Director informed the Committee that the numbers provided were un-audited. Todd Bevan asked that the average interest rate be added to the Investment Schedule, on page 1, and that the average rate of the yield be added to the Consolidated Portfolio on page 4. The Clerk of Circuit Court asked if he wanted it calculated from the yield to maturity at the time if purchase. Todd Bevan stated that he wanted the current yield. The Clerk of Circuit Court asked that on the schedule that lists the treasuries, on page 4, that the word premium be placed in brackets. 1 The Clerk of Circuit Court asked that the Investment schedule by institution, on page 2, be combined with the portfolio composition on page 3. (Including the column for the maximum allowable percentage). III. Presentation by Steve Alexander - PFM Asset Management LLC - St. Lucie County Financial Advisor The Finance Director informed the Committee that the Financial Advisor could not attend the meeting due to a mis-interpretation of the contract. She gave the Committee the history of the Financial Advisor being on the Committee. It was the consensus of the Committee to not have the Financial Advisor attend the meetings, savings costs to the County. III OPEN ITEMS 1. Investment Policy Review The Clerk of Court recommended changes to the Investment Policy as outlined in the attached draft. After a lengthy discussion the Committee concurred with the recommended changes to the Investment Policy as outlined in the attached draft. It was moved by Todd Bevan and seconded by T.J. Buckley to approve the recommended changes to the Investment Policy and upon roll call motion carried unanimously. The proposed changes will be reviewed with each Commissioner, by the Clerk of Circuit Court. The recommended changes will then be placed on the Board Agenda for approval. 2. Continuing Professional Education Requirement The Finance Director stated that the Clerk of Circuit Court had requested that the continuing professional education requirement be provided to the Investment Committee to stay in compliance with the Investment Policy. The committee reviewed the continuing professional education for the Finance Director and the Clerk of Circuit Court. IV COMMITTEE COMMENTS/RECOMMENDATIONS The Clerk of Circuit Court stated that he would like to start purchasing 1 year CD's. Todd Bevan stated that the maturity should stay flexible. He recommended staying between 9 and 12 months in order to not limit yield or special offers. The Clerk of Circuit Court stated that the county would continue to purchase 2 year notes. He stated that the Committee had recommended ten million dollars in the 5 year Treasury Notes. He asked the Committee if they would like to expand the dollar amount for the 5 year Treasury Notes from ten million dollars. Todd Bevan recommended expanding the dollar amount over a longer period of time. He stated that there is a lot of liquidity in the portfolio. 2 The Clerk of Circuit Court stated that they could look at this at the next Investment Committee meeting. Todd Bevan stated that he had suggested putting the average duration on the portfolio list. He stated that he was in favor of putting more 5 year Treasury Notes on the portfolio, but having some type of benchmark for the duration. Mike Dillman stated that the County could build a 5 year ladder of a 5 year period. The Finance Director stated that she would add the average duration to the current Investment Report detail. The Clerk of Circuit Court stated that he would like to look at purchasing discount notes. The Clerk of Circuit Court asked who the Broker/Dealers were that the County was using. The Finance Director stated that Merrill Lynch as well as Suntrust and Wachovia were on the list. The Clerk of Circuit Court requested that the Broker/Dealer list be added to the next agenda for the Investment Committee to approve. V. SELECT MEETING DATE The Investment Committee selected January 17, 2007 for the next meeting date. There being no further business to be brought before the Investment Committee the meeting adjourned at 9:25 a.m. Note: These minutes will be approved at the Investment Committee meeting scheduled for January 17, 2006. EXHIBIT "A" ST. LUCIE COUNTY INVESTMENT POLICY TABLE OF CONTENTS I. SCOPE...................................................................................................................................................1 II. INVESTMENT....................................................................................................................................1 III. INVESTMENT PERFORMANCE AND REPORTING...........................................................1,2 IV. PRUDENCE AND ETHICAL 5TAN13AR135...............................................................................2 V. AUTHORIZED INVESTMENTS......................................................................................... 2,3,4 VI. MATURITY AND LIQUIDITY REQUIREMENTS.............................................................4,5 VII. PORTFOLIO COMP05ITION.............................................................................................. 6,7,8 VIII. RISK AND DIVERSIFICATION.................................................................................................8 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS..................................8 X. THIRD PARTY CUSTODIAL AGREEMENTS..........................................................................9 XI. MASTER REPURCHASE AGREEMENT......................................................................................9 XII. BID REQUIREMENTS.............................................................................................................. 9,10 XIII. INTERNAL CONTROLS..........................................................................................................11,12 I. SCOPE This investment policy applies to all surplus funds held by or for the benefit of the St. Lucie County Board of County Commissioners, hereinafter referred to as the County. These policies were adopted using Sections 125.31 and 218.415, Florida Statutes. Bond proceeds may be further limited or expanded by their respective bond resolutions or covenants and shall not be considered to be in conflict with the Investment Policy. II. INVESTMENT OBJECTIVES The County shall strive to achieve with each investment opportunity, the following objectives, in ORDER OF PRIORITY: 1. SAFETY - The primary objective of the County's investment activities is the protection of investment capital. 2. LIQUIDITY - The County's investment strategy will provide sufficient liquidity such that cash flow requirements are met through the utilization of marketable securities with structured maturities. 3. INVESTMENT INCOME - In investing public funds, the County will strive to maximize the return on the portfolio but will minimize investment risk. III. INVESTMENT PERFORMANCE AND REPORTING A portfolio report shall be prepared each quarter by the Finance Director or designated staff member, and be provided to the Clerk of the Circuit Court and appropriate management staff. The report will also be made available to the Board of County Commissioners and Investment Committee. The report shall include a breakdown of the portfolio as well as its overall performance and the current market pricing at month - end. A detailed analysis of the investment portfolio will be prepared by the Finance Director and presented to the Board of County Commissioners and Investment Committee on a quarterly basis. The report shall include information relating to transactions, market values, performance and adherence to policy. The Clerk of Court is authorized to utilize an investment accounting service to obtain necessary information. The Board of County Commissioners will conduct an annual meeting to review of the investment portfolio and eye6M:e-the investment policy. 1 The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee will rely on the Clerk of the Court, Finance Director, and their staff for support. The Investment Committee and the Board of County Commissioners shall receive a copy of the portfolio pricing analysis. The Clerk of the Circuit Court shall be notified immediately upon exceptions from currently approved investment policies by the Finance Director. In the event of an emergency situation requiring noncompliance with policy guidelines, the Finance Director shall attempt to schedule a special committee meeting to discuss the proposed action. If a special committee meeting is not possible due to time constraints or scheduling problems, the Finance Director shall individually notify a minimum of three committee members to obtain approval of the proposed action. IV. PRUDENCE AND ETHICAL STANDARDS The "prudent person" standard shall be used in the management of the overall investment portfolio. The Finance Director, and other persons performing the investment function, shall act as a "prudent person" in accordance with these written policies and procedures, exercising due diligence and investing in investments authorized by law. The "prudent person" standard is herewith understood to mean the following: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. V. AUTHORIZED INVESTMENTS The Clerk of the Court acting through the Finance Director, or other designee of the Clerk's office, shall purchase or sell investment securities at prevailing market rates] with a preference to par bonds or those at a discount. Authorized instruments are as follows: 2 A. The Local Government Surplus Funds Trust Fund, the State Investment Pool administered by the State Board of Administration, also known as S.B.A. B. The Florida Local Government Investment Trust, also known as the F.L.G.I.T, administered by the Florida Association of Court Clerks and Comptrollers and the Florida Association of Counties. C. Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States Government. Such securities will include, but not be limited to, the following: 1. Treasury Bills 2. Treasury Notes 3. Treasury Bonds D. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by United States agencies provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to, the following: 1. Farmers Home Administration 2. Government National Mortgage Association (GNMA) E. Bonds, debentures, notes of or other evidence of indebtedness issued or guaranteed by United States Government agencies (Federal Instrumentalities) which are not full faith and credit agencies limited to the following: 1. Federal Farm Credit Bank (FFCB) 2. Federal Home Loan Bank or its district banks (FHLB) 3. Federal National Mortgage Association (FNMA) 4. Federal Home Loan Mortgage Corporation (Freddie -Macs) F. Non-negotiable interest -bearing time certificates of deposit, money market accounts or savings accounts in banks/savings and loan associations organized under the laws of the United States, doing business and situated in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. 3 G. Repurchase agreements collateralized by Treasury Bills or Notes having a maturity of two (2) years or less. Investment in derivative products is not authorized. For the purposes of this policy derivative products are defined as financial arrangements whose value are derived from changes in an underlying variable such as a stock bond stock index interest rate index, currency, commodity, etc. Derivative investments include but are not limited to: futures contracts, options contracts forward contracts interest rate swaps interest rate floor or ceiling contracts, and linked index investments VI. MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investments, including investment pools, of current operating funds shall have maturities of up to five (5) years. The Finance Director and other persons performing the investment function will provide an appropriate mix of maturities to maximize the return on the portfolio while minimizing investment risk. Investment of bond reserves, construction funds, and other non - operating funds shall have a term appropriate to the need for funds, and in accordance with debt covenants, but shall not exceed five (5) years, unless permitted by the terms of the bond documents. 4 may be ineupped fop eeeaunting purposes, ppeyided the less is miepe then effset by the emehange tow eensidepedi of seeupi#ies Market abeppetiens ape often eaused by supply and demand eenditiens fep , then it may be adyantageews te swap tPede ew� of the seewpity in a shept supply and into F. A liquidity amount of approximately #we-(2) three 3 months of anticipated disbursements, excluding bond construction payments or other bond payments made from escrow or trust accounts, will be kept in relatively short-term investments. These would include the State Investment Pool (SBA), F.L.G.I.T., money market accounts Gept-ifieat-eDeposit, U.S. T-Peasury Obligefiens and Repurchase Agreements. VII. PORTFOLIO COMPOSITION The following are the guidelines for investments and limits on security issues, issuers, and maturities as established by the County. The Finance Director, or their appropriate designee, after consulting with the Clerk of Circuit Court, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. The following maximum limits are guidelines established for diversification by instrument: A. The Local Government Surplus Trust Fund (SBA). 1. A maximum of 80% of the portfolio may be invested in Mese Trwq4�9 the SBA, however, bond proceeds may be temporarily deposited in the Trust Fund 1-myestment Peals SBA until alternative investments have been purchased and are not a part of this calculation. B. The Local Government Investment Trust fund (F.L.G.I.T.) 1. A maximum of 35% of the portfolio may be invested in (F.L.G.I.T). C. Non-negotiable Interest -Bearing Time Certificates of Deposit 1. A maximum of 40% of the portfolio may be invested in non-negotiable interest bearing time certificates of deposit or savings accounts. 2. The maximum maturity on any certificates shall be no greater than one (1) year from the time of purchase. 3. A maximum of 2" 10% of the portfolio may be deposited in the instruments of any one issuer. D. United States Government Securities 1. A maximum of 75% of the portfolio may be invested in United States Government Securities which are defined as negotiable direct obligations, or obligations the principal and interest of which are unconditionally guaranteed, by the United States Government_ , 0 2. The maximum length of maturity of any direct investment in government securities is five (5) years. E. United States Federal Agencies 1. A maximum of 50% of the portfolio may be invested in United States Federal Agency securities which are backed by the full faith and credit of the United States Government, , 2. Maturity will be limited to *e Pequipemients ef United States GeYePnment ^^^"^`ties The maximum length of maturity of any direct investment in Federal Agencies Securities is five (5) years 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. F. Federal Instrumentalities 1. A maximum of 40% of the portfolio may be invested in Federal Instrumentalities which are not full -faith and credit United States Government Agencies: , 2. Metupity will be limited to the ' . 46 of the United States The maximum length of maturity of any direct investment in Federal Instrumentalities is five (5) years 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. G. Repurchase Agreements 1. A maximum of 10% of the portfolio may be invested in repurchase agreements with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. 2. The maximum term of a repurchase agreement will be one (1) year. 7 3. A maximum of 10% of the portfolio may be invested in the instruments of any one issuer with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. VIII. RISK AND DIVERSIFICATION Assets held shall be diversified to control the risk of loss resulting from the over concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which these instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the appropriate management staff. IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The County shall only purchase securities from financial institutions which have offices located within the State of Florida and are qualified as public depositories by the Treasurer of the State of Florida, from primary securities brokers/dealers designated by the Federal Reserve Bank of New York or from secondary brokers/dealers, specified , with an office located in the State of Florida. Such specified brokers/dealers must be Peeeled reviewed and approved by the Investment Committee. and approved individually by the Board of County Commissioners. Documented lists of the authorized financial institutions and brokers/dealers will be developed and maintained by the Finance Director and approved by the Clerk of the Court. If at any time the Clerk of the Court is appropriately notified of any threat to the integrity of the investment portfolio, proper security measures may be suggested and implemented, and the Clerk of the Court shall have the option to further restrict investment in selected instruments, to conform to the then -present market conditions. Repurchase Agreements will be conducted through, and negotiated with primary securities brokers/dealers, or secondary brokers/dealers, or Qualified Public Depository financial institutions. A written Master Repurchase Agreement will be negotiated with any institutions with which the County through the Clerk of the Court enters into a specific repurchase agreement. E-1? X. THIRD PARTY CUSTODIAL AGREEMENTS The Clerk of the Court will execute a Third Party Custodial safekeeping Agreement with a commercial bank's trust department which is separately chartered by the United States Government or the State of Florida. All securities purchased and/or collateral obtained by the Clerk of the Court shall be properly designated as an asset of the County and held in safekeeping by the trust department and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by an authorized staff member. The Third Party Custodial Safekeeping Agreement shall include letters of authority from the Clerk of the Court, details as to responsibilities of each party, notification of security purchases, sales, delivery, repurchase agreements, wire transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen mishaps including liability of, each party. XI. MASTER REPURCHASE AGREEMENT The Clerk of the Court will require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the Master Repurchase Agreement. The agreement shall specify that the underlying securities have a market value of at least 103% of the principal balance of the investment. The market value is to be determined on a monthly basis. XII. BID REQUIREMENT Although in most situations the competitive bid process shall be utilized, there is no obligation to secure competitive bids from all financial institutions and dealer/brokers on the approved list. Rather a decision will be made by the Clerk of the Court through the Finance Director as to the institutions that have been the most competitive over the preceding weeks and these will be contacted for a bid. A. After the Clerk of the Court, through the Finance Director, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three (3) qualified banks and/or dealers will be contacted and asked to provide bids on the securities in question. Z awarded. 1. Bids will be held in confidence until the highest bid is determined and 2. clearly identified. Documentation will be retained for all bids, with the winning bid 3. If for any reason the highest interest rate bid was not selected, then the reasons leading to that decision will be clearly indicated on the bid form. 4. If the maturing investment is funds to be invested are from a certificate of deposit, the present holder of the funds issuer of the CO will be one of the contacts made, subject to the portfolio diversification requirements in this policy. 5. In certain circumstances where a dealer or bank informs the County of a potential sale that must be completed within minutes of notification, the competitive bidding policy will be waived. The Clerk of the Court will have final approval on these particular transactions before they have been completed. 6. Notwithstanding the above, in order to afford financial institutions (banks and/or savings and loan associations) within St. Lucie County opportunities to enhance the economy of the local area, certificates of deposit may be purchased from an institution as described in Section V.F provided that the following additional conditions have been satisfied: a. The institution, or a branch office, is located within the boundaries of St. Lucie County. b. The institution has the highest and best bid of all bidding institutions as described in Section V.F. C. The institution awarded the bid is subject to the portfolio limitation requirements and may not exceed said limitations. d. Banks/savings and loan associations included on the approved list must be Qualified Public Depositories, as determined by the State of Florida. 10 XIII. INTERNAL CONTROLS The Clerk of the Court shall exercise and monitor a set of internal controls to be conducted through the Finance Director, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of the securities transactions. The investment policy shall provide for review of such controls by independent auditors as part of any financial audit periodically required of the unit of local government. Such internal controls shall consist of the following: A. All securities purchased or sold will be transferred only under the "delivery versus payment" (D.V.P.) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met. B. The Clerk of the Court is authorized to accept, on behalf of and in the name of St. Lucie County, bank trust receipts or confirmations as evidence of actual delivery of the obligation or securities in return for investment of funds. C. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of St. Lucie County. D. Written documentation and/or confirmation of telephone transactions and wire transfers will be maintained. E. There will be adequate separation of duties with clear delegation of authority among investment personnel. F. Custodial safekeeping shall be properly utilized. G. Operation review and performance evaluations and reporting, interim and annual, shall be done by the Finance Director. H. There will be an avoidance of no bearer -form securities. I. There will be no physical delivery of securities. 11 J. There will be specific limitations regarding securities losses and remedial action shall be taken as soon as possible. K. A development of a wire transfer agreement with the custodial bank outlining the various controls and security provisions for making and receiving wire transfers shal I be made. L. There is a prohibition of collusion between those making investment decisions and those providing investment services. M. Written dealer confirmation and monthly and/or quarterly custodial account statements shall be maintained. N. Investment policy shall be established by the Board of County Commissioners considering the recommendations of the Investment Committee. All daily investment activity will be coordinated and reviewed by the Finance Director. In the absence of the Finance Director and Clerk of the Court investment activity must be approved by their designee and later approved by the Finance Director or Clerk of the Court. O. The following positions are designated by the Clerk of the Court as having the authority to initiate all investment activities: 1. Clerk of the Court 2. Finance Director 3. All other designees will be at the discretion of the Clerk of the Court P. All officials responsible for making investment decisions, or the Finance Director, shall complete 8 hours of continuing education annually in subjects or courses of study related to investment practices and products. Q. Such additional internal controls as established by the Clerk of the Court. 12 AGENDA REQUEST ITEM NO. 5A C6UNT'Y F L O R I D A DATE: November 28, 2006 REGULAR I PUBLIC HEARING [ X ] CONSENT I I TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB SUBJECT: Amendment to FY 2006 Budget PRESENTED BY: Marie M. Gouin BACKGROUND: This Budget Amendment will recognize revenue that exceeded the budgeted amount and establish budgets for interfund transfers. FUNDS AVAILABLE: See attached Budget Resolution 06-352 PREVIOUS ACTION: September 22, 2005 - The Board held a Public Hearing and adopted the FY06 budget. October 24, 2006 - The Board granted permission to advertise a Public Hearing on this matter. RECOMMENDATION: Staff recommends the Board of County Commissioners adopt Budget Resolution 06-352 amending the FY06 budget. COMMISSION ACTION: [)(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Doug Anderson County Administrator Coordination/Signatures t_ County Attorney: XX Management & Budget: XX' Purchasing: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\13UDGGT\W PWGFNDA'S\AGFNDA06\ 1 1'28'06FY06DUDTRAN.DOC RESOLUTION NO. 06-352 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, staff revised certain revenue estimates and determined the need to establish transfers between funds. WHEREAS, it is accepted financial practice to amend the adopted budget to where necessary, revise revenue estimates or establish transfers and, 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 28°i day of November, 2006, pursuant to Section 129.06 (d), Florida Statutes, that the County's budget is hereby amended as reflected in attachment "A", which is incorporated as part of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Charles Grande XXX Commissioner Paula Lewis XXX Commissioner Joseph E. Smith XXX PASSED AND DULY ADOPTED THIS 28T" DAY OF NOVEMBER, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G °.BUDGET\W P\AGENDA :S\AGENDA06\ 1 1'28'06FY06BUDTRAN.D0C i Q N l'M Z O ,J^ VJ W w Y O N N U U N d LL C N U N N N N V) c V) U U (i d f0 w 7 N 7 c (-) O C) N N O L_ V) 9 .5) a) a) W Q Q a) U O m w f0 O Q O O (0 U W Z = C C c (� c Z Z c 0 c @ N N LL 0) O N O N T N (9 y O) C = O C) in E U U N c a a N Z N c a '� o -� a)� 7 a`> c m c c 7 m m > L O L 0 0 p C C O w N O O �00(D0 a`¢Un as �F-20 a 0) 0 0 d' O 0) co (n M N O O O O (D 'N F- (O O o t a O U 01 e- CO V V (O C)O C) O O (n N LQ O M N O 0 C 0 f� D) N Z Z N (- - (D C) (D 0 L 00 O C) CD C)O O N .L.+ o O CO t� � a) 0) C1 N Q a go M O M N N O O N.t 0 0 0 0 CO N U) F- O O O O C)O CO 1- m O O O O C,0 0 0 O dD 00 M W a (`O') 000 d M .L Z C L U O H 0 0 0 0 0 o O o 0 0 0 0 (n o 0 0 0 0 0 0 0 0 0 0 0 o a o Q O W O O O M O M a, (D V O_ N O �- �_ _O M O_ N O N W O M 0) Q m (D M M � LO� (n (f) M M 00 h r M O O a' N U) V) (n W) O U') U) (f) LO (() N IL O U O U w O CD N N (n 0 0 0 (n O O_ 0 0 y ao '-! a U ti��va v(NDvrnrnvrncoM°) N QZ o F- 1- O N N 00 M 0) O r (D C)f- M N h (- N O O V It M� C)O (D r- c N (C)to r M (D (D N LL') ClN C)O O N M (� 00 `7 C) (0 (0M- Cl) a� M (O 00 C)O 00 r-O Or N 0 L V N 0 0) N Q C. O C)M 0 0 0 DO O O O o N(r) C,•- O p O V C) O� O C 0 a.L a0 000 Cl)M Cl)M O` C a O O O O N N O O O N O O m U- N N UOr Lr) D) a CT 0 Q) -O N M 0) �_ Na) r-D = w � 0) U') U') Q) (D V (D M M 00 00 V V 0)c � (D W 00 OD a 00 O E m Cl) (`O M M M Cl)MM M coM Cl)M Cl)(`O co N V C O � (D N N C) C) (D O (O LO O O (D a C O N O- O CDLn 0 0 w Q O V O (D O O) V It O _U 7 ❑ 00 0 LO C) 0 � a) " U O U C) O 00 CDO N V' Ln O N N (� v� ob a� M r- `w= LL O c �_ E 0 0 (-- LO (D O m co 0 N O 1� d' O) N > O - 0 0 OJ ❑ W W O M (n (D 00 O 0) O 0 to M M N N (n O ("I O 7 "O O N (n U �- M (O O N� O) O N (D LO N y ;a 4% �p t W Z� W❑ 0 O N noao� ao ono C7 V O M a o O j (a N y'2 N O p O Q Z J (D Z (D (O M It E O 7 N M E O 'O O - - 0 ? m 2 co N ch� N@ 0 O U W❑ M O O P (NN} c y CD-o o Z E O 1: LL Q W F- f c (a N N O (p O ..U_. U .N V N w f C) U) N a)Z 0 a c CCDwF- � U)(N c 0 U d > N rn V .0 N C= U LL N C LL N U N .. O D) 0) 0)C C c U= C. Z U CDm O c C U E f9 _0 c@ O) 'c � o E o C 0) i ppO U "C a) O ❑ C C .� U❑ U .0 o N ❑ lL @ N U N F- N❑ lL a N OQO C m N N 'O QQCf 4) V) m N N 'D V) N N N - LL �+ N .O LL Y 2 Q 'N N -Z N Q N (n- N CL O 0 0 O F- N 'y O C a) F- N 'y O d 0 J 7 w (6 - J U O S C N 7 7 LL' w, U O S C N N LL C O 7 L a �, L �' C = C __ N C : -0 C L C 7= - (O y a 7 7 U LL d 0 O L N E LL d« O= w EL (7 F- F- LL LL (n 0 2 (n V) = Z U` F- (Li. U) U = V) in 2 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Division ITEM NO: Ej a DATE: November 28, 2006 Regular [ ] Public Hearing [X] Consent [ ] PRESENTED BY: John Franklin, Housing Manager SUBJECT- Proposed budget amendment to Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) #06DB-W32. RACKGROUNDa CDBG requires that if you are reducing the number of accomplishments being addressed from what the County contracted for and were awarded in our Attachment A, we must hold a CATF meeting and hold a public hearing to notify the residents of the County about this change. The budget amendment is necessary due to the South 26th Street infrastructure project bids coming back higher than expected. FINDS AVAIL,: N/A PRFV101JS ACTION: On November 14, 2006 the Board approved the advertisement of a public hearing for the CDBG DRI budget amendment. RECOMMENDATION: Staff recommends approval of the budget amendment to CDBG DRI #06DB-W32 and authorize Chair to sign necessary documents. 105 ILVA I MS 1111MIT"1► p:] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ,/M. Anderson Administrator Coordination/Signatures (*keounty Attorney: x Management & Budget Purchasing: x — Originating Department: Other: Other: Finance: x Check for copy only, if applicable Proposed Amendment -St. Lucie County Activity Project Administration $ 450,000.00 Engineering $ 16,210.00 Sewer Lines/Streets S. 26th Street area $ 1,186,417.00 Flood/Drainage S. 26th Street area $ 481,775.00 Housing Rehab 6 units at $83,334 each $ 500,000.00 Housing Demo/Replacement 2 units at $182,799 each $ 365,598.00 Total Grant Amount $ 3,000,000.00 AGENDA REQUEST ITEM NO.0 n DATE: November 28, 2006 REGULAR[] PUBLIC HEARING [XX] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Geoplasma - St. Lucie LLC - Industrial Development Revenue Bonds BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Based on the recommendation of the County's Bond Counsel, staff recommends that the Board adopt Resolution No. 06-373 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: [] APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 County Attorney: Originating Dept. Finance: (Check for copy only, if applicable) County Administrator Review and Approvals Management & Budget Solid Waste Dir.: Public Works Dir: County Eng.: Eff. 5/96 BRYANT MILLER OLIVE P.A. MEMORANDUM To: Chairman and Members of the Board of County Commissioners Copy: Doug Anderson, County Administrator Dan McIntyre, County Attorney Chris Hartley, Finance Director Marie Gouin, Management and Budget Director From: Bob Reid Robert Freeman Date: November20, 2006 Re: Resolution No. 06-373, authorizing inducement Per Memorandum of Agreement to Geoplasma — St. Lucie LLC for construction of solid waste disposal facility in the County and issuance of solid waste facility bonds to finance costs thereof, and Holding Public Hearing therefor Attached are marked copies of the Resolution and Memorandum of Agreement which show changes requested by Geoplasma and reviewed by us. The changes can be summarized as follows and do not affect the substance of the proposed Resolution and Memorandum of Agreement: Resolution and Memorandum of Agreement: Clarifying that there will be both Taxable Bonds and Tax -Exempt Bonds issued as part of the $325,000,000 Clarifying that the $250,000,000 Tax -Exempt Bonds for which private activity bond allocation is sought are with respect to the solid waste portion of the overall facility Eliminating references to the combined cycle combustion turbine generating facility in order to avoid the potential for confusion with the nature of the solid waste facility to be constructed with the proceeds of the Tax -Exempt Bonds (the generating facility is not eligible to be financed on a tax-exempt basis) Memorandum of Agreement: Incorporating references to the agreements anticipated to be signed between the County and Geoplasma-St. Lucie LLC with respect to delivery of waste as documents that, when executed, will, in addition to the bond financing documents, supersede the Memorandum of Agreement. {5000/10/00088017.Docv1 } Bryant • Miller • Olive ATTORNEYS AT LAW MEMORANDUM 7 TO: Chairman and Members Board of County Commissioners St. Lucie County, Florida 0qp _ y�ccQd'2 w� 11/�'g� FROM: Bob Reid and Robert Freeman -Ibw DATE: November 21, 2006 RE: Resolution and Memorandum of Agreement re: Geoplasma Facility The attached memorandum to Doug Anderson dated November 16, 2006, describes the background against which a public hearing ha been scheduled for November 28, 2006, on the question of issuance of bonds for the proposed Geoplasma-St. Lucie, LLC ("Company") solid waste and energy generation facility ("Project"). At the conclusion of the public hearing, the Board will be asked to consider approval of the attached resolution and Memorandum of Agreement ("MOA") and to authorize the submission of an application to the State of Florida for private activity bond allocation for up to $250 million of tax-exempt bonds to finance a portion of the Project. RESOLUTION The resolution contains the following provisions to which we would direct the Board's attention: Section 4. Findings The Board makes the following findings of fact: • The Project will make a significant contribution to the economic growth of the County, shall preserve or provide gainful employment, and shall advance . the economic prosperity and general welfare of the County (Para. E.) • The Project and the issuance of the Bonds to finance the Project will have a substantial public benefit, and it is in the best interests of the County to approve the issuance of the Bonds (Para. H.) Section 6. Determination. If the Board is able to make the following determinations, then the Board may issue the Bonds: ATLANTA • JACKSONVILLE • MIAMI ORLANDO ST. PETERSBURG • TALLAHASSEE TAMPA WASHINGTON, D.C. {5000/99/00087842.DOCv1 } 2 • Neither the faith and credit nor the taxing power of the County is pledged to secure payment of the Bonds, which will be repaid solely from payments of the loan made by the Company to the County under the financing agreements for the Project (Para. A.) (note: the resolution does not address the obligations of the County to deliver solid waste to the Company or to make payments to the Company under agreements other than the agreement to repay Bond proceeds loaned to the Company to construct the Project) • Adequate provision has been/will be made for the operation, maintenance, and repair of the Project at the expense of the Company and for repayment of the principal of and interest on the Bonds (Para. C) • The Company is financially responsible and fully capable of and willing to fully discharge its obligations under the agreement by which the County will loan the proceeds of the Bonds to the Company, including operation, maintenance and repair of the Project and repayment of the principal of and interest on the Bonds (Para D) Section 7. Financing Conditionally The Board approves the financing of the Project through the issuance of the Bonds, subject to the conditions described in Section 6 above. Section 8. Authorization to Execute. The Memorandum of Agreement is authorized to be executed between the County and the Company and the proper officers of the County are authorized to apply to the State of Florida for a private activity bond allocation with respect to the Tax -Exempt Bonds. MEMORANDUM OF AGREEMENT We would direct the Board's attention to the following provisions of the Memorandum of Agreement (MCA): 2. Intent of Memorandum. The MCA is entered into to permit the Company to proceed with commitments for the Project and to incur or pay costs in connection with the Project, and to declare the County's intent to issue the Bonds, subject to the provisions of the MCA [Para. (c)]. 3. County's Intentions. The County intends, upon the conditions set forth in the MOA, to: • Authorize the issuance and sale of the Bonds [Para. (a)] • Adopt such resolutions and authorizations as may be necessary for the issuance of the Bonds to the extent mutually satisfactory to the County and the Company, the Bonds to be issued under a trust indenture between the County and a trustee [Para. (b)] 4. Agreements of the Company. Company agrees, if it proceeds with Project, subject to provisions of MCA, to: (5000/99/00087842.DOCvi f 3 • Arrange for construction of Project and advance its own funds for such purpose to extent proceeds of Bonds are insufficient therefor [Para. (a)] • Make arrangements for sale of Bonds and be responsible for compliance with applicable securities and disclosure laws in connection therewith [Para. (b)] • Enter into financing agreements obligating Company to operate, maintain, repair Project at its own expense; to pay principal of and interest on Bonds and costs associated therewith; and to pay all other costs associated with Project to extent not paid from proceeds of Bonds [Para. (c)] 5. General Provisions. • County will reimburse Company but only from proceeds of Bonds of amounts expended on Project by Company prior to issuance of Bonds to extent permitted under Code [Para. (a)] • Company is acting as independent contractor and not as agent of County in connection with construction and operation of Project [Para (c)] • Company has paid non-refundable IDB application fee and agrees to pay County's actual, out-of-pocket costs and expenses whether or not Bonds are issued and sold, including fees of Bond Counsel and Financial Advisor [Paras. (e) & (0]. • The County's intention to issue the Bonds is subject to various conditions, including the condition that the County and the Company shall have agreed to mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions for the financing agreements and other agreements [para. (i)] • If conditions in Para. (i) not met, Company is responsible for all its own and County's costs and expenses [Para. (j)] • All risk of loss is on Company as long as MCA in effect [Para. (k)] • County's financial liability with respect to Project and Bonds limited to extent of amounts received by County from Company in repayment of loan of Bond proceeds. Company agrees to indemnify and hold the County harmless from any liability for any cause whatsoever with respect to Project and Bonds (except liability resulting from County's gross negligence or willful misconduct)[Para. (1)] • If County determines at any time prior to issuance of Bonds that Company's business, operations, or financial condition is not satisfactory or that Company is not proceeding diligently with construction and financing of Project, County may terminate MOA. Company must provide assurances to County at time of issuance of Bonds that there has been no material adverse change in financial conditions of Company since execution of MOA [Para. (m)] • MOA shall be superseded and replaced by financing agreements to be entered into between County and Company, except as provided in Para. (m) [Para. (n)] cc. Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator (5000/99/00087842.DOCv1 I Bryant • Miller • Olive ATTORNEYS AT LAW MEMORANDUM TO: Douglas Anderson FROM: Robert Freeman DATE: November 16, 2006 RE: St. Lucie County/Geoplasma Facility A public hearing has been noticed for the Board meeting of November 28 related to the proposed issuance of industrial revenue bonds (the "Bonds") by St. Lucie County to finance the geoplasma facility at the County's landfill (the "Project"). The notice was published without requesting formal advance approval from the Board on our advice for the following reasons: • A portion of the Bonds that will be issued as tax-exempt bonds under the provisions of the Internal Revenue Code ("Code") are required to receive what is referred to as a "private activity bond allocation" ("PAB Allocation") from the State of Florida in order to be issued on a tax-exempt basis • In order to be eligible for a PAB Allocation, the Code requires that the Bonds must have been the subject of a public hearing after at least 14 days' published notice prior to the time that the County submits an application to the State for the PAB Allocation • The State of Florida is limited each year in the amount of tax-exempt bonds to which it can grant a PAB Allocation, and all of the available allocation is typically granted on or immediately after January 1 of each year based on applications submitted by local governments at that time • However, allocation that is granted on January 1 and not used reverts to the State and becomes available for re -allocation on a first -come -first -served basis on November 15 of each year • Approximately $700 million of unused PAB Allocation is available as of November 15 of this year for distribution by the State • If the County can apply for and receive the required PAB Allocation from the State out of the $700 million available on November 15, it can carry that allocation forward to 2007 and avoid competing with other applicants on January 1 for available 2007 allocation amounts • The first discussions about this possibility were conducted on November 9 during a conference call among representatives of our firm and the geoplasma group; it was 111 Riverside Avenue • Suite 200 • Jacksonville, Florida 32202 • TEL 904.384.1264 - FAX 904.388.2986 • www.bmolaw.com ATLANTA • JACKSONVILLE • MIAMI ORLANDO ST. PETERSBURG • TALLAHASSEE TAMPA WASHINGTON, D.C. determined that the earliest possible Board meeting at which the hearing could be held was the November 28 meeting • In order to hold the hearing at the November 28 meeting, notice was required to be published no later than November 14 • In order to position the County to apply for and receive a PAB Allocation from the 2006 available amounts, we recommended to County staff that every attempt be made to hold the public hearing at the November 28 Board meeting • The public hearing is for purposes of satisfying the requirements of the Code and the State procedures for making PAB Allocations, and, while an application for a PAB Allocation should be made in good faith, applying for and receiving a PAB Allocation in no way binds the County to the ultimate issuance of the Bonds (witness the $700 million in previously granted allocations that reverted this year) • The public hearing is part of the process required by the Code for the issuance of "private activity bonds" in order to fully "ventilate" projects proposed to be issued with tax-exempt bonds, and was a response to the use in the early 1980's of private activity bonds to finance massage parlors, car dealerships, fast food restaurants, and stadium skyboxes, which were uses that the Congress disapproved of. • Representatives of both our firm and the geoplasma group will be present at the Board meeting in order to make presentations/answer questions as the Board may direct. RESOLUTION NO.06-373 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING, PURSUANT TO THE REQUIREMENTS OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE ISSUANCE OF NOT EXCEEDING $250,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (GEOPLASMA — ST LUCIE LLC PROJECT), PURSUANT TO A PLAN OF FINANCING; AUTHORIZING THE CHAIRMAN AND CLERK OF THE BOARD TO EXECUTE AND DELIVER A MEMORANDUM OF AGREEMENT EXPRESSING ITS INTENT TO LOAN FUNDS TO GEOPLASMA — ST. LUCIE LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF FINANCING THE COST OF THE ACQUISITION, CONSTRUCTION, EQUIPPING AND INSTALLATION OF A SOLID WASTE DISPOSAL FACILITY WITHIN THE COUNTY AT WHICH NEW AND EXISTING WASTE MATERIAL IN THE COUNTY'S EXISTING LANDFILL WILL BE STORED AND PROCESSED TO MANUFACTURE SYNTHETIC GAS, WHICH WILL BE USED TO GENERATE ELECTRICITY, TO BE OWNED AND OPERATED BY GEOPLASMA — ST. LUCIE LLC; APPROVING, SUBJECT TO CERTAIN FURTHER FINDINGS, THE ISSUANCE OF NOT EXCEEDING $250,000,000 TAX-EXEMPT INDUSTRIAL DEVELOPMENT REVENUE BONDS (GEOPLASMA — ST. LUCIE LLC PROJECT), AND THE ISSUANCE OF NOT EXCEEDING $75,000,000 TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS (GEOPLASMA — ST. LUCIE LLC PROJECT), THE PROCEEDS OF WHICH WILL BE LOANED TO GEOPLASMA — ST. LUCIE LLC, TO FINANCE ALL OR A PORTION OF THE COST OF SUCH PROJECT; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows: Section 1. Authority. This Resolution is adopted pursuant to the provisions of Chapter 159, Part II, Florida Statutes, and other applicable provisions of law. Section 2. Definitions. { 5000/10/00085576.DOCv4 ) "Act" means Chapter 159, Part II, Florida Statutes, and other applicable provisions of law. "Board" means the Board of County Commissioners, as the governing body of the County. "Bonds" or 'Bond" means the Tax -Exempt Bonds and the Taxable Bonds, respectively, to be authorized by subsequent resolution of the Board pursuant to the Act, and in accordance with the terms, conditions and limitations contained in such resolution. "Borrower" means Geoplasma - St. Lucie LLC, a Delaware corporation duly organized and validly existing under the laws of the State of Delaware and duly qualified to do business in the State of Florida. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, ex officio Clerk of the Board or any Deputy Clerk. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated or applicable thereunder. "County" means St. Lucie County, Florida, the issuer of the Bonds. "Chairman" means the Chairman or Vice Chairman of the Board. "Memorandum of Agreement" means that certain Memorandum of Agreement, dated the date hereof, between the Borrower and the County, in substantially the form attached hereto as Exhibit B, with such changes as the officers signing such Memorandum of Agreement may approve. "Project" means the acquisition, construction, equipping and installation of a solid waste disposal facility to be located at 6120 Glades Cutoff Road, Fort Pierce, Florida 34981, and will consist of approximately three sets of buildings located on approximately 12 acres of land, at which new waste material and existing waste material located in the County's existing landfill will be stored, processed with a plasma arc gasification system to manufacture synthetic gas which will be used to generate approximately 160 megawatts of electricity. "State" means the State of Florida. "Taxable Bonds" mean the proposed Taxable Industrial Development Revenue Bonds (Geoplasma — St. Lucie LLC Project), to be issued from time to time in installments or at one time in an aggregate principal amount not exceeding $75,000,000. "Tax -Exempt Bonds" mean the proposed Tax -Exempt Industrial Development Revenue Bonds (Geoplasma — St. Lucie LLC Project), to be issued from time to time in installments or at one time in an aggregate principal amount not exceeding $250,000,000. 2 { 5000/10/00085576.DOCA } Section 3. Proposal. The Borrower has requested that the County issue the Bonds at one time or from time to time under the Act, for the purpose of making a loan to the Borrower to finance all or part of the cost of the Project, the amount of which the Borrower has represented will be sufficient, along with funds contributed by the Borrower, to pay all of the cost of the Project, such Bonds to be secured under the terms of a loan agreement between the County and the Borrower requiring repayments in an amount sufficient to pay the principal of and interest on such Bonds as the same become due and payable. Section 4. Findings. The Board hereby finds, determines and declares as follows: A. Pursuant to the Act, the Board has been requested by the Borrower to approve, for purposes set forth herein, the issuance of the Bonds, in one or more series pursuant to a plan of financing in an aggregate principal amount of not to exceed $325,000,000, the proceeds of which will be loaned to the Borrower to enable the Borrower to finance or refinance all or a part of the Project. B. The approval requested by the Borrower is to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, which section requires the approval by the Board of the issuance of the Tax -Exempt Bonds after a public hearing on the matter has been held. C. The Board on the date hereof has held a public hearing pursuant to notice duly published pursuant to the public approval requirements of Section 147(f) of the Code. A copy of the proof of publication of the notice is attached hereto as Exhibit A. D. The Board is authorized and empowered by the Act to enter into transactions such as those contemplated by the Borrower, and to fully perform the obligations of the County to be undertaken in connection with the financing of the Project in order to promote the economy of the County and the State of Florida, increase opportunities for gainful employment and purchasing power, and improve living conditions, and otherwise contribute to the prosperity and health and welfare of the County, the State and the inhabitants thereof. E. The Project is a "project" within the meaning of the Act, is appropriate to the needs and circumstances of and shall make a significant contribution to the economic growth of the County, shall provide or preserve gainful employment and shall serve a public purpose by advancing the economic prosperity and the general welfare of the County and the State and the inhabitants thereof. F. The Borrower has requested the County to issue the Taxable Bonds and the Tax - Exempt Bonds from time to time in an aggregate principal amount not to exceed $325,000,000 to finance the Project. The Bonds shall be paid solely from the repayment of a loan of the bond proceeds from the County to the Borrower. 3 { 5000/10/00085576.DOCv4 } G. . The availability of financing by means of industrial development revenue bonds is an important inducement to the Borrower to proceed with the acquisition, construction and installation of the Project. H. The Project and the issuance of the Bonds to finance the cost thereof will have a substantial public benefit, and the Board deems it in the best interest of the County and its citizens to approve the issuance of the Bonds. Section 5. Public Hearing Held. The Board, on this date, has held a duly called and convened public hearing pursuant to the provisions and upon the terms and conditions set forth in Section 147(f) of the Code. Anyone who wanted to speak for or against the financing of the Project, and the issuance of the Tax -Exempt Bonds was given an opportunity to do so. Notwithstanding any other provision hereof, the issuance of the Tax -Exempt Bonds pursuant to a plan of financing is hereby approved for purposes of Section 147(f) of the Code in a principal amount of not to exceed $250,000,000 Section 6. Determination. If, upon further investigation of the Borrower and its proposal, the Board is able to find that: A. the County, the Board or any member or officer thereof is not obligated to pay the Bonds except from the proceeds derived from the repayment of a loan to the Borrower and that neither the faith and credit nor the taxing power of the County or of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest, or premium, if any, on the Bonds; B. the Board, the Borrower and the proposed purchaser of the Bonds have executed or will concurrently with the issuance of the Bonds execute the documentation required for the financing of the Project as contemplated hereby; C. adequate provision has been or will be made in the documents for the operation, repair and maintenance of the Project at the expense of the Borrower and for the payment of the principal of, premium, if any, and interest on the Bonds and reserves, if any, therefor; D. based on the criteria established by the Act, the Borrower is financially responsible and fully capable of and willing to fulfill all of its obligations under the terms and provisions of the loan agreement to be negotiated between the parties, under which the Borrower will be obligated, among other things, to pay amounts sufficient to timely discharge the debt service on the Bonds, and to operate, repair and maintain the Project at the Borrower's expense; 4 { 5000/10/00085576. DOCv4l E. the interest on the Tax -Exempt Bonds, in the principal amount not to exceed $250,000,000 herein approved pursuant to section 147(f) of the Code, will be excluded from gross income for federal income tax purposes under existing laws of the United States; and F. the proposal will otherwise comply with all of the provisions of the Act; then the Board may issue Bonds to finance the acquisition and construction of the Project in accordance with the provisions and authority of the Act, this Resolution and the Memorandum of Agreement. The principal amount, terms of maturity, interest rate and other details of the Bonds will be determined by subsequent Board resolution. Section 7. Financing Conditionally Approved. The financing of the Project through the issuance of the Bonds is hereby deemed to be in the best interests of the County and its citizens, and is hereby approved, subject to satisfaction of the conditions described in Section 6 above. Section 8. Authorization to Execute. The Chairman or Vice Chairman, Clerk of the Board, the County Administrator and the County Attorney or their designee, are authorized in the name and on behalf of the County pursuant to this Resolution, to execute and deliver the Memorandum of Agreement. The officers executing such Memorandum of Agreement are further authorized to do all acts which may be required or may be advisable with respect thereto. The Chairman or Vice Chairman, the and Clerk of the Board, the County Administrator and the County Attorney or their designee, are further authorized to take such further action and execute such further instruments as may be necessary to fully effectuate the purpose and intention of the Memorandum of Agreement and this Resolution, including, but not limited to, making application to the State of Florida for one or more private activity bond allocations as may be necessary to provide for issuance of the Tax -Exempt Bonds.. Section 9. Priority. Nothing herein shall be deemed to restrict the County or the State of Florida or any agency or political subdivision thereof in determining the order or priority of the issuance of bonds by the County, to require the Board to give the Bonds priority as to issuance or as to the time of issuance over any other bonds previously or subsequently approved by the Board for issuance. Any such prioritization by the Board could result in the inability of the County to issue the Bonds. Section 10. Official Action and Reimbursement. This Resolution constitutes official intent under Treasury Regulations Section 1.150-2 and any amendments thereto, for reimbursement from bond proceeds of temporary advances made by the Borrower for purposes of the Project prior to the issuance of the Bonds. [Remainder of Page Intentionally Blank] { 5000/ 10/00085 576. DOCv4 } Section 11. Effective Date. This Resolution shall take effect immediately upon its adoption. Passed and Adopted this 28f day of November 2006. (SEAL) ATTEST: 0 Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners ST. LUCIE COUNTY, FLORIDA Chairman of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 7 { 5000/ 10/00085576. DOCv4 } EXHIBIT A PROOF OF PUBLICATION OF NOTICE { 5000/10/00085576.DOCv4 } SCRIPPS TREASURE COAST a "Ih FA W-.g a NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 im AFFIDAVIT OF PUBLICATION SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S Darlene Broeg, who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune, a daily newspaper published at Fort Pierce in St. Lucie County. Florida: that the attached copy of advertisement was publshed in the Fort Pierce Tribune in the following issues below. Affiant further says that the said Fort Pierce Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has neretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Fort Pierce Tribune has been entered as Periodical Matter at the Post Offices in For[ Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of Ile attached copy of advertisement Customer Ad Pub Number Date BRYANT MILLER & OLIVE, P.A 1509931 11/13/2006 Subscribed and sworn to me before this date: November 13, 2006 Notary Public ; ~ ............ MARY T BYRNE +° Notary Public - State of Fonda cMY Ctxmtission Expires Aug 2, 201t0 COmmission # VD 544327 Bonded By National Nola•y Assn Copyline NOTICE OF PUBLIC HEARING PO # GEOPLASMA/N NOTICE OF PUBLIC HEARING REGARDING NOT TO EXCEED 5250,000,000 ST. LUCIE COUNTY, FLORIDA INDUSTRIAL DEVELOPMENT REVENUE BONDS (GEOPLASMA - ST. LUCIE LLC PROJECT) NOTICE is hereby given that a public hearing pur- suant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), will be held by the Board of County Commissioners of St. Lucie County, Florida (the "Commission'), on behalf of the Commission, on Tuesday, Novem• ber 28, 2006, beginning at 9:00 a.m., local time, or as soon thereafter as the matter may be heard, in the County Commission Chambers in the Roger Poitras Administration Annex, 2300 Virginia Ave- nue. Fort Pierce, Florida. The Public Hearing is for the purpose of providing a reasonable oppor• ,unity for interested individuals to express their views, both orally and in writing, on the proposed issuance of the Bonds and on the location and nature of the facility to be financed and for the purpose of considering the following: A plan of finance consisting of the proposed issu- ance by the Commission of its tax-exempt Indus- trial Development Revenue Bonds (Geoplasms - St. Lucie LLC Project), Series (to be determined), in an aggregate principal amount not to exceed $250,000,000 (the "Obligations"I, issued for the purpose of financing or refinancing all or a part of the cost of the acquisition, construction, equip- ping and installation of a solid waste disposal fa- cility to be located at 6120 Glades Cutoff Road, Fort Pierce, FL 34981 (the -Project"). The Project will consist of approximately three sets of build- ings located on approximately 12 acres of land, at which new waste material and existing waste ma- terial located in the County's existing landfill will be stored, processed with a plasma arc gasifica- tion system to generale synthetic gas, and then the synthetic gas will be used to generate ap- proximately 160 mega watts of electricity. Said Project will be owned and operated by Geoplas- ma - St. Lucie LLC, a Delaware limited liability company qualified to conduct business in Florida, whose current principal address is cio CT Cor- poration System, 1200 South Pine Island Road, Plantation, FL 33324, and whose principal address will be the location of the Project set forth above upon its completion (the "User'). THE BONDS SHALL NEVER CONSTITUTE AN IN- DEBTEDNESS OR GENERAL OBLIGATION OF THE STATE OF FLORIDA, ST. LUCIE COUNTY, OR ANY OTHER POLITICAL SUBDIVISION OR AGEN- CY OF THE STATE OF FLORIDA, BUT SHALL BE PAYABLE SOLELY FROM FUNDS PAID BY GEO- PLASMA - ST. LUCIE LLC. The public hearing is required by Section 147(f) of the Code. Any person interested in the plan of fi- nance, in the proposed issuance of the Obliga- tions, or the location or nature of the Project may appear and be heard. Subsequent to the public hearing, the Commission will consider whether to approve the Obligations, as required by Section 147(f) of the Code. The public hearing will be conducted in a manner that provides a reasonable opportunity to be heard for persons with differing views on the plan of finance, the location or nature of the Proj- ect, or the issuance of the Obligations. Any per - $on desiring to be heard on this matter is request- ed to attend the public hearing or send a repre- sentative. Written comments may be submitted to the Commission at the County at 2300 Virginia Avenue, Fort Pierce, Florida 34982, Attention: County Attorney. Further information relating to this matter is avail- able for inspection and copying during regular business hours at the office of the County Attor- ney at 2300 Virginia Avenue, Fort Pierce, Florida 34982. Comments made at the hearing are for the consid- eration of the Commission, and will not bind any legal action to be taken by the Commission in connection with its consideration and approval of the financing and the issuance of the Obligations. IF A PERSON DECIDES TO APPEAL ANY DECI- SION WITH RESPECT TO ANY SUCH MATTER CONSIDERED AT SUCH HEARING, SUCH PER- SON WILL NEED A RECORD OF THE PROCEED- INGS, AND FOR SUCH PURPOSE, SUCH PERSON'' MAY NEED TO ENSURE THAT A VERBATIM RE- CORD OF THE PROCEEDINGS IS MADE, WHICH' RECORD INCLUDES THE TESTIMONY AND EVI- DENCE UPON WHICH THE APPEAL IS TO BE BASED. Any person requiring reasonable accommodation at this meeting because of a disability or physical impairment should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDO (7721 462.1428 at least 48 hours prior to the meetingg 80ARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY; FLORIDA THIS NOTICE IS DATED THIS 10th DAY OF NOVEMBER, 2006. Submitted by: Douglas M. Anderson, County Administrator Publish: November 13, 2006 1509931 EXHIBIT B FORM OF MEMORANDUM OF AGREEMENT ( 5000/10/00085576.DOCv4 ) MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "Issuer"), and GEOPLASMA — ST. LUCIE LLC, a Delaware limited liability company, authorized to do business in the State of Florida (the "Borrower"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Memorandum of Agreement are the following: (a) The Issuer is a political subdivision of the State of Florida, and thereby is a local agency as defined in the Florida Industrial Development Financing Act, Chapter 159, Part II, Florida Statutes, as amended (Chapter 159, Parts II, Florida Statutes, as amended, being hereinafter referred to collectively as the "Act"). As such, the Issuer is duly authorized and empowered by the Act to provide for the issuance of and to issue and sell its industrial development revenue bonds for the purpose of financing all or any part of the "cost" of any "project," including any project for a "solid waste facility" (as such terms are defined or used in the Act). (b) The Borrower proposes that the Issuer finance or refinance all or any part of the cost of a project consisting of the acquisition, construction, equipping and installation of a solid waste disposal facility (the "Facility") to be located at 6120 Glades Cutoff Road, Fort Pierce, Florida 34981, which will consist of approximately three sets of buildings located on approximately 12 acres of land, at which new waste material and existing waste material located in the County's existing landfill will be stored, processed with a plasma arc gasification system to generate synthetic gas, which will be used to generate approximately 160 megawatts of electricity, and will include fixtures, furniture and equipment relating thereto (collectively, the "Project"). The Project will be owned and operated by the Borrower. (c) Borrower Representations and Intent of Memorandum The Borrower represents that the portion of the capital cost of the Project to be financed with the Bonds, including the cost of issuance of the Bonds (as hereinafter defined), is not expected to exceed $325,000,000. 2. The Borrower represents that the Project is a "project" within the meaning and contemplation of the Act. (a) The Borrower represents that neither it nor any "related person" (as such term is used in Section 144(a)(3) of the Internal Revenue Code of 1986, as amended (the "Code")), directly or indirectly, commenced or entered into any binding contracts for the acquisition or construction of the Project or for the purchase of machinery or equipment for the Project more than sixty days prior to the date hereof (unless otherwise permitted by applicable Treasury Regulations), and that it is essential that it make commitments for such purposes prior to issuance of the Bonds. (5000/10/00087149. DOCv3}JACK_522259.4 (b) The Borrower has requested that the Issuer express its intention to issue its industrial development revenue bonds for the Project in an aggregate principal amount of not to exceed $325,000,000, (the "Bonds") of which not to exceed $250,000,000 may be issued as bonds the interest on which will be excluded from gross income of the holders thereof for federal income tax purposes (the "Tax Exempt Bonds"), and that the Issuer approve the Bonds and file for an allocation for the Bonds in the amount of up to $250,000,000 for calendar year 2006 if available, and otherwise for calendar year 2007 through 2009 (inclusive of any carryforward allocation available during such period), for the purpose of financing all or part of the "cost" (as defined in the Act) of the Project under a loan agreement between the Issuer and the Borrower, whereby the Borrower will be unconditionally obligated to operate, repair and maintain the Project, to make payments sufficient to pay the debt service on the Bonds and to pay all other costs incurred by the Issuer in connection with the financing, the acquisition, construction and installation, and the administration of the Project which are not paid out of the Bond proceeds or otherwise; the Bonds are to be secured by such obligations of the Borrower; and the interest on the Tax -Exempt Bonds to be exempt from federal income taxation under the laws of the United States of America. (c) This Memorandum of Agreement is entered into to permit the Borrower to proceed with commitments for the Project and to incur or pay costs in connection with various phases of the Project (including the costs of the acquisition, construction and installation of the Project and related expenses) and to provide a declaration of intent by the Issuer, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available to finance all or part of the costs of the Project, including reimbursement of original expenditures for the Project paid prior to the issuance of the Bonds, to the extent of such proceeds, all in accordance with and subject to the provisions of the Constitution and other laws of the State of Florida, including the Act, the Florida Private Activity Bond Allocation Act, Chapter 159, Part VI, Florida Statutes, as amended (the 'Bond Allocation Act"), the Code and Treasury Regulations Section 1.150-2 under the Code, and this Memorandum of Agreement. 3. Intentions on the Part of the Issuer. Pursuant to and in accordance with and subject to the limitations of the Constitution and other laws of the State of Florida, including the Act, the Code and Treasury Regulations Section 1.150-2 under the Code, and the Bond Allocation Act, and upon the conditions stated in this Memorandum of Agreement, the Issuer declares its intent as follows: (a) It will authorize the issuance and sale of one or more series of the Bonds, pursuant to the terms of the Act as then in force, for the purpose of financing all or a portion of the cost of the Project, including reimbursement of original expenditures for the Project paid prior to the issuance of the Bonds but no earlier than 60 days prior to the date hereof (unless otherwise permitted by applicable Treasury Regulations). (b) It will, at the proper time and subject in all respects to the prior advice, consent and approval of the Borrower, adopt such proceedings and authorize the execution of such documents as may be necessary and advisable for the authorization, sale and issuance of {5000/10/00087149.DOCv3 } -2- the Bonds, the acquisition, construction and installation of the Project and the financing of the Project, all as shall be provided for or permitted by the Code and the Bond Allocation Act, authorized by the Act and mutually satisfactory to the Issuer and the Borrower. The Bonds are to be issued under a trust indenture between the Issuer and a trust company, bank or other qualified trustee having trust powers (which shall be qualified to serve as trustee under such indenture, under all applicable laws, and be designated by the Borrower and acceptable to the Issuer), as Trustee, pursuant to which the Trustee shall receive and disburse the proceeds from the sale of Bonds, collect payments from the Borrower under the financing agreements and enforce its obligations under the financing agreements. The Bonds shall not be deemed to constitute a debt, liability or obligation, or a pledge of the faith and credit or taxing power, of the Issuer or of the State of Florida or of any political subdivision thereof, but the Bonds shall be payable solely from the revenues and proceeds to be derived by the Issuer from the sale, operation or leasing of the Project, including payments received under the financing agreements. The Bonds shall bear interest at such rate or rates, shall be payable at such times and places, shall be in such forms and denominations, shall be sold in such manner, at such price and at such time or times, shall have such provisions for redemption, shall be executed, and shall be secured pursuant to the Indenture, as hereafter may be requested by the Borrower and acceptable to the Issuer, all on terms complying with the Code, authorized by the Act and mutually satisfactory to the Issuer and the Borrower, subject to confirmation of an allocation pursuant to the Bond Allocation Act or other applicable law then in effect. (c) The interest on the Tax -Exempt Bonds shall be exempt from federal income taxation, as determined on the basis of an opinion of Bond Counsel approved by the Issuer. 4. Agreements of the Borrower. Subject to the conditions stated in the Preliminary Resolution or in this Memorandum of Agreement, the Borrower agrees, if it proceeds with the Project, as follows: (a) The Borrower will generally arrange for, manage and carry out the acquisition, construction and installation of the Project, it will advance its own funds for such purpose as herein provided and, to the extent that the proceeds derived from the sale of the Bonds are not sufficient to complete the Project, and to pay all costs incurred in connection therewith and with the financing and administration of the Project, it will supply all additional funds which are necessary therefor. (b) The Borrower will make arrangements for the sale of the Bonds and shall be responsible for compliance with all applicable securities laws, including any disclosure obligations, in connection with the offering and sale thereof. (c) Contemporaneously with the delivery of the Bonds, the Borrower will enter into financing agreements and such other agreements and related documents as shall be necessary or appropriate so that the Borrower will be obligated to operate, maintain and repair the Project at its own expense, to pay for the account of the Issuer sums sufficient in the aggregate to pay all of the principal of and interest and redemption premiums, if any, on the {5000/10/00087149.DOCv3 } -3- Bonds when and as the same shall become due and payable, and to pay all other costs incurred by the Issuer in connection with the financing, construction and administration of the Project except as may be paid out of the Bond proceeds or otherwise. (d) The Borrower will take such further action and adopt such proceedings as may be required to implement its undertakings hereunder. 5. General Provisions. (a) Since it is anticipated that the acquisition, construction and installation of the Project will commence prior to the sale of the Bonds and the Borrower knows and acknowledges that the Issuer will have no funds available to pay the cost of the Project other than funds derived from the sale of the Bonds, the Borrower may advance from time to time any funds necessary for the acquisition, construction and installation of the Project, and any such funds when so advanced shall be deemed funds advanced on behalf of the Issuer; provided, however, that the Issuer shall not by virtue of such advances or otherwise through this Memorandum of Agreement acquire any property interest in the Project whatsoever. To the extent that the net proceeds derived from the sale of the Bonds are sufficient for such purpose, the Issuer agrees to reimburse the Borrower from such net proceeds after the issuance of the Bonds for costs of the Project incurred by the Borrower prior to the issuance of the Bonds (subject to any limitations imposed by the Code). (b) The Issuer agrees that the Borrower may enter into one or more agreements with a private lender or lenders to provide temporary construction financing and obtain commitments for permanent financing for the Project without violating in any manner the terms of this Agreement. (c) The Borrower shall act as independent contractor, and not as agent for the Issuer, for the acquisition, construction, installation and completion of the Project, and shall provide all services incident to the acquisition, construction and installation of the Project and pay the cost thereof pending reimbursement by the Issuer from the Bond proceeds, and the Issuer shall have no responsibility for the provision of any such services. (d) The Borrower may engage the services of an underwriter or financial consultant or adviser and legal counsel in connection with the offering and sale of the Bonds; provided, however, that the Issuer shall have no liability for the payment if any such firm's compensation or expenses if the Bonds are not sold and issued, and if the Bonds are sold and issued the Issuer shall be liable for the payment thereof only out of the proceeds of sale of the Bonds. (e) The Borrower has paid the Issuer's nonrefundable application fee and agrees to pay the Issuer's actual out-of-pocket costs and expenses in connection with the transactions contemplated hereby, whether or not the Bonds are issued and sold, provided that if the Bonds are issued and sold, such fee and costs and expenses may be reimbursed out of the proceeds of the sale of the Bonds. { 5000/10/00087149.DOCv3 } -4- (f) Daniel S. McIntyre, Esquire, County Attorney, serves as counsel for the Issuer and Bryant Miller Olive P.A., Tallahassee, Florida, serves as Bond Counsel for the Issuer, and Public Financial Management serves as Financial Advisor for the Issuer. The Borrower shall be responsible for the payment of all standard fees, costs and expenses of said counsel and Financial Advisor for the Issuer and of all fees, costs and expenses of Bond Counsel and Financial Advisor, and shall pay the same whether or not the Bonds are issued and sold, provided that if the Bonds are issued and sold such fees, costs and expenses may be paid or reimbursed out of the proceeds of the sale of the Bonds. (g) The Bonds shall not be required to be validated pursuant to the provisions of Chapter 75, Florida Statutes, unless validation shall be deemed advisable or shall be required by counsel to the Issuer, Bond Counsel or the initial purchaser of the Bonds. (h) Confirmation of an allocation for the Tax -Exempt Bonds for the calendar year in which the Bonds are issued (unless carryforward allocation is available), sold and delivered and the purchase price therefor is received, under Section 146 of the Code, the Bond Allocation Act and other applicable law then in effect, and, if required by the Issuer or its counsel, the Borrower or its counsel, or Bond Counsel, such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to each of them, with respect to the Bonds, the Project this Memorandum of Agreement, the financing agreements, the trust indenture or any other instrument or act contemplated hereby, shall be obtained from such governmental agency, as well as nongovernmental, agencies and entities as may have or assert competence or jurisdiction over or interest in matters pertinent thereto, and the same shall be in full force and effect at the time of issuance of the Bonds. (i) The intentions of the Issuer to issue the Bonds pursuant to this Memorandum of Agreement and to use the proceeds thereof as herein contemplated are subject to the conditions that (i) the issuance of the Bonds by the Issuer shall have been authorized by a bond resolution of the Issuer; (ii) an amount equal to the face amount of the Tax Exempt Bonds shall have been allocated for the issuance of the Tax Exempt Bonds for the calendar year in which the Bonds are issued (unless carryforward allocation is available), sold and delivered and the purchase price therefor is received, pursuant to Section 146 of the Code and the Bond Allocation Act or any other applicable provisions, which allocation shall be in full force and effect on the closing date for the issuance of the Bonds, and (iii) the Issuer and the Borrower shall have agreed to mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions for the financing agreements and other agreements and documents referred to in Sections 2(b) and 4(c) and the proceedings referred to in Sections 2 and 3 hereof and the Bonds shall have been issued, sold and delivered; provided, however, that the Bonds may not be issued more than one year after the date on which the entire Project shall have been first placed in service or acquired (whichever occurs last), after the allocation referred to in clause (ii) shall have expired, elapsed or become ineffective, or after the expiration, lapse or repeal of any authority for the issuance of the Bonds under Florida law or of 15000/10/00087149.DOCv3 } -5- the exclusion of interest on the Tax -Exempt Bonds from gross income for federal income tax purposes under the Code. 0) If the events set forth in paragraph (i) of this Section do not take place within the times set forth therein or any extensions thereof and the Bonds are not issued as herein contemplated, the Borrower agrees to pay all costs and expenses incurred pursuant to this Memorandum of Agreement by the Borrower, the fees and expenses of any underwriter, financial consultant or adviser engaged by the Borrower, the standard fees, costs and expenses of counsel of the Issuer, the fees, costs and expenses of Bond Counsel and Financial Advisor, and any necessary and reasonable out-of-pocket costs and expenses incurred pursuant to this Memorandum of Agreement by the Issuer, whereupon this Memorandum of Agreement shall terminate. (k) So long as this Memorandum of Agreement is in effect, all risk of loss to the Project will be borne by the Borrower. (1) It is expressly agreed that any pecuniary liability or obligation of the Issuer hereunder shall be limited solely to the revenues and other funds derived by the Issuer from the sale, operation or leasing of the Project, including payments received under the financing agreements, and nothing contained in this Memorandum of Agreement shall ever be construed to constitute a personal or pecuniary liability or charge against any member, officer, commissioner, employee or agent of the Issuer or its governing body, and in the event of a breach of any undertaking on the part of the Issuer contained in this Memorandum of Agreement, no personal or pecuniary liability or charge payable directly or indirectly from any funds or property of the Issuer shall arise therefrom. The Borrower hereby releases the Issuer from and agrees that the Issuer shall not be liable for, and agrees to defend, indemnify and hold the Issuer harmless against any liabilities, obligations, claims, damages, litigation, costs and expenses (including but not limited to attorneys' fees and expenses) imposed on, incurred by or asserted against the Issuer for any cause whatsoever pertaining to the Project, the Bonds or this Memorandum of Agreement, or any transaction contemplated hereby; provided, however, that the scope and amount of the liability of the Borrower under this sentence shall never exceed the scope and amount of the Issuer's liability, costs and expenses (including attorneys' fees). The provisions of this paragraph shall survive any termination of this Memorandum of Agreement. (m) If at any time prior to the issuance and sale of the Bonds the Issuer shall determine that the business, operations or financial condition of the Borrower is not satisfactory or that the Borrower is not proceeding diligently with the acquisition, construction and installation of the Project or the financing thereof as contemplated hereby the Issuer may, at its option, terminate this Memorandum of Agreement and any allocation for the Bonds by written notice to the Borrower. The Issuer shall be discharged of its undertakings under this Memorandum of Agreement if the Borrower shall not provide at the closing for the issuance of the Bonds assurances satisfactory to the Issuer that no material adverse change has occurred in the representations of the Borrower or in the business, operations or financial condition of the Borrower. {5000/10/00087149.DOCO } -6- (n) Except as otherwise provided in paragraph (m) of this Section, the provisions of this Memorandum of Agreement shall be superseded by (i) any financing agreement entered into by the Issuer and the Borrower in accordance with Sections 2(b) and 4(c) of this Agreement and (ii) as applicable, any lease agreement, service contract or related agreement entered into by the Issuer and the Borrower with respect to the Project, and shall, upon the execution and delivery of such financing agreements, lease agreement, service contract or related agreements, as applicable, terminate and be of no effect. (o) This Memorandum of Agreement shall become effective when executed and delivered by the Issuer and the Borrower. IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of Agreement as of the 28th day of November, 2006. ATTEST: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners ST. LUCIE COUNTY, FLORIDA 10 Chairman, Board of County Commissioners Signed this day of , 2006. APPROVED AS TO FORM AND CORRECTNESS: 0 County Attorney GEOPLASMA — ST. LUCIE LLC. Title: Signed this _ day of 2006. {5000/10/00087149.DOCv3 } -7- GUIDELINES AND PROCEDURES FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN ST. LUCIE COUNTY I. BACKGROUND Industrial development revenue bonds (IDRBs) are securities issued by a local governmental agency (here, St. Lucie County) for the purpose of financing capital facilities for use by private business and industry. Usually, the facilities are leased or sold by the agency to qualifying industries for lease or installment purchase payments necessary to retire the bonds. The debt service on the bonds is paid solely from revenues or payments received from the company; there is no undertaking on the part of the County or any other governmental unit to make such payments other than from the least or installment payments received. IDRB financing often is comparable to ordinary note and mortgage financing in that a private lender (the bond purchaser) agrees to lend funds to a private company (by buying the bonds). The facilities (the capital project) that the lender's funds (the bond proceeds) are used to finance are mortgaged to secure repayment of the loan (the bonds). In the case of IDRBs, the local issuing agency (St. Lucie County) serves as a pass - through medium. The loan is made to (the bonds are issued by) the County, and the County in turn lends the funds (the bond proceeds) to the private company (the project proponent) to pay the cost of the capital project. For federal income tax purposes, the action of passing the loan through the County qualifies the loan as a special obligation of a local governmental agency. Because IDRBs are considered a special obligation of a local governmental unit, and providing the project meets all qualifying conditions, the interest on the bonds is not subject to federal income tax. The lender (the bond purchaser), therefore, need not charge the some interest rate in order to receive the same net (after tax) rate of return as if the loan were made on a conventional basis. The resulting savings is passed on to the borrower (the project proponent) in the form of an interest rate that is lower than that obtainable through conventional financing. G:\atty\docs\IDRB Guidelines II. GUIDELINES A. Use of Bond Proceeds. The use of proceeds realized from the sale of IDRBs issued by the Board of County Commissioners of St. Lucie County shall be governed by the regulations and laws of the State of Florida and the United States Internal Revenue Code. B. Financial Structure. 1. The legal structure of the proposed financing may take any form that is permitted by the applicable federal and state statutes in effect at the time of the bond issue closing. 2. The Board of County Commissioners generally will require that the assets financed with the proceeds of IDRBs be pledged as security for repayment of the bonds. 3. The Board of County Commissioners generally will require that the term of the bonds be no longer than the useful life of the project financed. 4. If the project is for a corporate subsidiary, the Board of County Commissioners generally will require that the parent company guarantee the bonds. 5. The Board of County Commissioners generally will require that prospective bond issues not considered of investment -grade quality be sold only by private placement or limited public offering. 6. The user of facilities financed by IDRBs shall pay, as they become due, all taxes, fees, and other assessments levied by all state and local governmental agencies having jurisdiction over the facilities. 7. The IDRBs generally will be required to be redeemed if interest on the bonds becomes taxable or if construction or operation of the project is halted. 8. At least 10 days notice shall be provided to the Board of County Commissioners prior to any sale or other disposition of a project financed with IDRBs. C. Fees and Expenses. G:\atty\docs\IDRB Guidelines 1. An applicant for IDRBs will remit with the application a nonrefundable fee of $1,500. The County Attorney, the County's bond counsel, and the County's financial advisor shall represent St. Lucie County in connection with the review of the proposed IDRB issue, the financial f easibility thereof, the documents and procedures relative thereto, and the fiscal soundness of the applicant. The applicant shall pay all fees and expenses incurred by the County in connection with such representation; provided that, in the absence of extraordinary circumstances, such fees and expenses shall be deemed included in the administrative fee paid by the applicant as provided in paragraph 4 of this Section II.C. 3. The applicant may designate bond counsel for the issue, subject to acceptability to the County Attorney, or may request that the County's bond counsel serve as bond counsel on the issue. If the applicant chooses to have the County's bond counsel serve as bond counsel for the issue, the applicant shall negotiate the fee for such services with such bond counsel, who will represent the County as bond counsel, and shall pay the f ees and expenses associated with such services; provided that, in such event, the applicant shall be entitled to a credit against such negotiated fee one-third (1/3) of the amount of the administrative fee payable to the County pursuant to paragraph 4 below. 4. In addition to the application fee payable as provided in paragraph 1 above, the applicant shall pay, at or before the date of issuance of the IDRB's in immediately available funds, an administrative fee equal to one-half of one percent (0.5%) of the aggregate principal amount of IDRB's issued, provided that such fee will be not less than $10,500 and, in the absence of extraordinary circumstances, not greater than $30,000, regardless of the principal amount of IDRB's issues. Extraordinary circumstances may include, but not necessarily be limited to, bonds issued in multiple series, bonds secured by complex collateral mechanisms, bonds having complex financial structures (variable rate, multi -modal, etc.), and other factors affecting the process of review and approval of the documents and structure of the bonds. 5. The applicant shall be responsible for paying all fees charged by any participant in the bond issue, must pay all County fees at or prior to closing in immediately available funds, and shall make arrangements satisfactory to the County for payment of all other fees and expenses G:\atty\docs\IDRB Guidelines III. PROCEDURES A. Preapplication Review. Representatives for a potential applicant for the issuance of IDRBs may appear at a work session of the Board of County Commissioners to outline the proposed capital project and to request a preliminary, informal, and nonbonding indication of whether the proposal might receive favorable consideration. No further review or analysis will be performed by the Board of County Commissioners or County staff until an application is filed. B. Application. An application for the issuance of IDRBs shall be made to the Board of County Commissioners. The original and 10 copies of the application shall be submitted with the appropriate application fee to the County Attorney. The application shall be on the company letterhead and shall include the following information about the applicant and the project: 1. Applicant's name, parent company name or names of principals with 10 percent or more interest in the applicant, names of applicant's principal operating officers, names of principals with 10 percent or more interest in the project, and the applicant's business address and telephone number. 2. Specific amount in U.S. dollars being requested to be raised by the issuance of IDRBs. 3. A statement describing the applicant, its history, and its operations. 4. A statement describing the sources and uses of funds for the project, as follows: a. Sources of funds i. IDRB proceeds ii. Equity (cash, letter of credit, etc.) iii. Other (fixed assets, etc.) b. Uses of funds i. Land acquisition, including location and size ii. Building construction, including type and size iii. Equipment, listed by type and cost iv. Other costs, itemized G:\atty\docs\IDRB Guidelines 5. A statement indicating the applicant's estimate of its financial performance as a result of new investment made possible by IDRBs. 6. A statement indicating the proposed security for and guarantors of the bonds. 7. A statement describing the proposed method of selling the bonds. 8. Audited financial statements (including balance sheet, income statement, statement of changes in financial condition, and all accompanying notes) of the applicant, parent company (if any), and bond guarantors for the preceding three years. If personal guarantees are required, include a current balance sheet for each individual guarantor. 9. If the applicant has been in business for less than three years, pro -forma statements covering the three years following the commencement of operation of the project. 10. If the application is for a new venture project and institutional guarantees are not available sufficient to render the bonds investment -grade quality, an independently prepared feasibility report on the project. The form, content, and author of the report must be acceptable to the Board of County Commissioners. 11. A statement describing the expected economic impact of the project, including existing employment preserved, new jobs created, approximate annual wages to be paid for new jobs created, and new capital investment. 12. A statement describing the zoning, land use, and other laws, ordinances, rules, and regulations affecting development of the project. 13. A statement indicating the availability or method of providing water, sewer, and other necessary services for the project. 14. A statement describing the effect of the project on the local community, and in particular the environmental impact of the project. 15. A notarized certificate executed by a principal or the chief executive or operating officer of the applicant, as follows: I hereby certify (a) that I am authorized to submit to the Board of County Commissioners of St. Lucie County, Florida, this application for the issuance of industrial development revenue bonds; (b) that I have reviewed the guidelines and Procedures for the Issuance of Industrial Development Revenue Bonds in St. Lucie County and have determined that this application and the project contemplated hereby meets the requirements set forth in such Guidelines and procedures; and (c) that the information contained in this application is true, correct, and complete to the best of my knowledge and belief. G:\atty\docs\IDRB Guidelines C. Application Review. Florida Statutes require that agencies issuing I[)RBs determine that projects financed are appropriate to the needs and circumstances of and will make a signif icant contribution to the economic growth of the community in which located, and that affected local communities will be able to copy satisfactorily with the impact of the project. In addition, issuing agencies must also determine that the applicants for such projects are financially responsible and fully capable and willing to operate and maintain the project and to make payments as required to pay principal and interest on the bonds. 1. Financial sufficiency factors. In determining financial responsibility and ability and willingness to make required payments of principal and interest, the Board of County Commissioners will consider financial sufficiency information for both the project and the applicant. a. History of financial performance. An examination of audited financial statements submitted by the applicant must lead to the conclusion that the company will be able to generate revenues sufficient to operate and maintain the project and to make all required payments of principal and interest on the bonds. Should audited financial statements not be available, the Board may agree to accept statements in unaudited form supported by corporate income tax returns in order to commence processing of the application. Prior to the closing of the bonds, however, statements for the most recently completed period of operations must be submitted with an audit opinion from a Certified Public Accountant. b. Collateral value of project. Except in the case of bonds rated "investment grade" by a major bond rating agency, the Board will require that any bond issued, and any obligation to make payments to the County or to any third party in connection with the bonds or security therefore, be secured at a minimum by a first mortgage or first lien on the project financed. In determining the sufficiency of such collateral, the Board may consider the ratio of market value of the project to the size of the proposed financing and such other factors as it deems appropriate. C. Additional security or guaranty. The Board may require the guaranty of the principals or of third parties, or may require letters of credit or debt service insurance as a condition to the issuance of bonds. In determining the need for such additional security or guaranty, the Board may consider the ratio of the applicant's net worth to the size of the financing, the value of the assets being acquired, and other factors as may be appropriate. G:\atty\docs\IDRB Guidelines 2. Staff report. The application for IDRBs will be reviewed by the County Administrator, County Finance Director, County Community Development Director, and County Attorney. The designated County staff shall report to the Board of County Commissioners on the following matters: a. The accuracy and completeness of the application. b. The financial soundness of the proposed project, the applicant, and any guarantor. C. Conformance of the project and the proposed financing with applicable federal, state, and local statutes, policies, and guidelines. d. Potential impact of the project on the St. Lucie County economy. e. Potential impact of the project on the St. Lucie County environment. 3. Board action. a. When the County staff report is complete, the report and the application will be presented to the Board of County Commissioners for consideration at a regular meeting. If the Board accepts the application, it will authorize publishing notice of a public hearing to be scheduled in accordance with the provisions of the federal Tax Equity and Fiscal Responsibility Act of 1982. ii. The Board may decide, however, that it requires additional information, or it may decline to consider the application further and suggest that the applicant seek alternative sources of financing. b. If the application is scheduled for a public hearing, the applicant, through bond counsel, shall be responsible for preparing the required notice of public hearing and submitting the notice to the County Attorney for review and publication. In addition, the applicant, again through bond counsel, shall be responsible for preparing the draft of an inducement resolution as described below and for submitting the draft to the County Attorney for review and circulation to the Board of County Commissioners. Following the public hearing, the Board will decide whether the project is financially sound, will inure to the benefit of the residents of St. Lucie County, and will meet all other criteria and requirements of Section 159.29, Florida Statutes. G:\atty\docs\IDRB Guidelines i. If the Board so decides, it may adopt a resolution authorizing execution of a memorandum of agreement between the Board and the applicant specifying the terms under which the Board will issue IDRBs and inducing the applicant to proceed with the project. ii. Again, however, the Board may decide that it requires more information, or it may decline to consider the application further. C. If a project is approved for IDRB financing, the applicant, through bond counsel, shall be responsible for preparing the Application for Notice of Intent to Issue Bonds and Request for Written Confirmation required by Executive Order Number 84-141 of the Governor of Florida. 4. Extension and subsequent allocation. Generally, the term of the memorandum of agreement authorized by the inducement resolution shall be limited to one year, and shall be subject to the continuing availability of a confirmed allocation and continuing financial responsibility. Any request for an extension shall be accompanied by copies of the latest financial statements for the applicant and the project, a written explanation for the delay in completing the financing, and a report on the status of the project. However, in the case of carryforward allocation for a "priority project" as defined by Governor's Executive Order 85-20 such request shall not be required. Moreover, an IDRB issued receiving a confirmed allocation for one calendar year shall not be entitled any priority for an allocation for the next calendar year. Therefore, if bonds are not sold in the year for which a confirmed allocation is received, Board of County Commissioner approval must be obtained for any allocation for a subsequent calendar year. D. Preparation of Bond Documents. After review and approval of the application, adoption of an inducement resolution, and execution of a memorandum of agreement, the applicant, in consultation with bond counsel, the County Attorney, and the bond purchaser, may initiate appropriate steps leading to the f inal preparation of the bond documents. E. Bond Validation. If deemed necessary or desirable by the County Attorney or the parties to the bond issue, the bonds may be validated in the manner prescribed in Chapter 75, Florida Statutes. G:\atty\docs\IDRB Guidelines F. Sale of Bonds. 1. The action of the Board of Country Commissioners in approving the issuance of IDRBs following a public hearing and entering a memorandum of agreement with the applicant for such issuance should not be construed as indicating the marketability of the bonds. Rather, those actions simply represent an agreement by the Board to issue its bonds only if a willing purchaser can be found and upon the execution of bond sale documents mutually agreeable to all parties. 2. The obligation for the repayment of IDRBs rests solely with the applicant, and neither the Country, the State, nor any political subdivision of the State is responsible for their repayment or for any associated expense. Thus, subject to the conditions contained in these Guidelines and Procedures and subsequent amendments, the manner in which the bonds are sold, as long as complying with all applicable federal and state statutes, shall be the prerogative of the applicant. The Board reserves the right to review the credentials of any investor, financial institution, or investment bankers chosen, and to reject the same for good cause shown. 3. The Board of County Commissioners generally will require that prospective bond issue not considered of investment -grade quality be sold only by private placement or by limited public offering. Prospective issues of investment -grade quality may be sold by public offering or private placement. Investment -grade quality shall be determined as meeting one of the following tests: a. A rating of the issue equal to or better than Mood's Baa or Standard and Poor's BBB. b. A rating of recently issued debt instruments of the company of similar term and security as that of the prospective bond issue equivalent to or better than Moody's Baa or Standard and Poor's BBB. For purpose of this paragraph, the term "limited public offering" shall mean an offering made only to institutional investors of not more than 35 in number who agree to purchase for investment for their own accounts and who do not purchase with a view toward distribution. This limitation is applicable not only to the initial sale of the bonds, but to resales, if any, in secondary markets, and shall be incorporated in the bond sale documents. 4. The Board of County Commissioners will not recommend nor suggest to the applicant any investor, financial institution, or investment banker to be used in the sale of bonds. If requested by the applicant, however, the County staff may provide the applicant with a list of investors, financial institutions, and investment bankers who may from time to time advise the County of their interest in purchasing or placing the County's IDRBs. G:\atty\docs\IDRB Guidelines G. Disposition of Proceeds of Bond Sale. Following the sale of the bonds, the proceeds will be deposited with the Trustee for the bond holders or in a trust account, to be disbursed for the acquisition and/or construction of the project according to a schedule provided in one or more of the bond documents. The County will be concerned that the proceeds are used for items allowed by governing laws and portions of the project as authorized in the memorandum of agreement and bond sale documents. To this end the County requires that the Trustee for the bond holders be furnished with copies of all requisitions for the expenditure of bond proceeds. The Board of County Commissioners reserves the right, upon good cause shown, to waive any of these Guidelines and Procedures except the provision requiring a public hearing. G:\atty\docs\IDRB Guidelines TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. (0 DATE: November 28, 2006 REGULAR [XX] PUBLIC HEARING [] CON5ENT [] PRESENTED BY: Daniel S. McIntyre SUBJECT: TVC Stewardship District - Implementation Options BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board determine which option the Board desires staff to pursue. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [fit] OTHER: Direction to take Option I to "-"-- stakeholders meeting and o as Anderson return to the Board on 12/19/06. C unty Administrator Review and Approvals County Attorney: Management & Budget Growth Mgmt. Dir.: Originating Dept, Strategy/Special Proj: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 j INTER -OFFICE MEMORANDUM • ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-1909 DATE: November 17, 2006 SUBJECT. TVC Stewardship District - Implementation Options BACKGROUND. At the request of the Treasure Coast Regional Planning Council (RPC) staff, Terry Lewis, Esquire, prepared the attached special act which, if adopted, would create an independent special district known as the TVC Stewardship District. If the Board approves, County staff and Mr. Lewis will present the bill for consideration by the County's Legislative Delegation. A copy of a map of the TVC boundary is attached. Also attached is a copy of a letter dated September 28, 2005 from Mr. Lewis to Michael Busha outlining options for implementation of the charette (TVC) plan. Mr. Lewis will address the CRA option under separate cover. RECOMMENDATION/CONCLUSION : Staff recommends that the Board determine which option the Board desires staff to pursue. Respec fully submitt 1 a Daniel S. McIn County AttornE DSM/caf Copy to: T. Lewis, Esq. A bill to be entitled An act relating to the TVC Stewardship District, St. Lucie County; creating and establishing an independent special district in St. Lucie County to be known as the NC Stewardship District; providing district boundaries: providing for powers of the district; providing for the sale of real estate in the district" requiring disclosure to purchasers; providing for a board of supervisors-, providing Qualifications terms of office, election procedures, powers duties and compensation of the board; requiring an annual landowners' meeting: providing for taxes and non -ad valorem assessments: providing for penalties on delinquent taxes: providing for enforcement of taxes and assessments; providing or the issuance of bonds; providing for liberal construction: providing for severability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1 District establishment and boundaries.- -For the purposes of providing public infrastructure services the assessment, levy, and collection of taxes non -ad valorem assessments and fees the operation of District facilities and services and all other purposes stated in this act consistent with chapters 189 and 298 Florida Statutes and other applicable general law, an independent stewardship district is hereby created and established in St. Lucie County, Florida to be known as the TVC Stewardship District the territorial boundaries of which shall be as follows, to -wit: INSERT BOUNDARIES Section 2 Provisions of other laws made applicable. - - The provisions of chapters 189 and 298 Florida Statutes and all of the laws amendatory thereof, now existing or hereafter enacted are hereby declared to be applicable to the TVC Stewardship District The TVC Stewardship District shall have all of the powers and authorities mentioned in or conferred by chapters 189 and 298, Florida Statutes as they may amended from time to time. Section 3. Powers of the District.— (1) The District shall have the following powers: (a) To sue and be sued by its name in any court of law or in equity, to make contracts and to adopt and use a corporate seal and to alter the same at pleasure; (b) To acquire by purchase gift or condemnation real and personal property, either or both within or without the district and to convey and dispose ofsuch real and personal property either or both as may be necessary or convenient to carry out the purposes or any of the purposes of this act and chapters 189 and and chapter 298 Florida Statutes. (c) To construct operate and maintain canals ditches, drains, levees, lakes ponds and other works for water management and control purposes. (d) To acquire purchase operate and maintain pumps, plants, and pumping systems for water management and control purposes. (e) To construct operate and maintain irrigation works machinery, and plants; (f) To construct improve pave and maintain roadways and roads necessary and convenient for the exercise of the powers or duties or any of the powers or duties of the District or the supervisors thereof; and to include as a component of roads parkways bridges landscaping irrigation bicycle and iogginq paths, street lighting traffic signals road striping and all other customary elements of a modern road system. (q) To finance fund plan establish acquire construct or reconstruct, enlarge or extend equip operate and maintain systems and facilities for providing transportation throughout the District including private or contract carriers, buses vehicles railroads and other transportation 'facilities, to meet the transportation requirements of the District in activities conducted within the District. (h) To finance fund plan establish acquire construct or reconstruct, enlarge or extend equip operate and maintain parking facilities within the District boundaries. (i) To finance fund plan, establish acquire, construct or reconstruct, enlarge or extend equip operate and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses. (i) To acquire construct finance operate and maintain water plants and systems to produce purify, and distribute water for consumption. (k) To acquire construct, finance operate and maintain sewer systems for the collection disposal and reuse of waste and to prevent water pollution in the District. (1) To levy ad valorem taxes and non -ad valorem assessments, to prescribe, fix establish and collect rates fees including impact fees, rentals, fares, or other charges and to revise the same from time to time, for the facilities and services furnished or to be furnished by the District and to recover the cost of making connection to any District facility or system. (m) To provide for the discontinuance of service and reasonable penalties, including attorney's fees against any user or property for any such rates, fees, rentals fares or other charges that become delinquent and require collection. However, no charges or fees shall be established until after a public hearing of the board at the District at which all affected persons shall be given an opportunity to be heard. (n) To enter into agreements with any person firm or corporation for the furnishinq by such person firm or corporation of any facilities and services of the type provided for in this act. (o) To enter into impact fee credit agreements with local general purpose governments In the event the District enters into an impact fee credit agreement with a local general purpose government where the District constructs or makes contributions for public facilities for which impact fee credits would be available the agreement may provide that such impact fee credits shall inure to the landowners within the District in proportion to their relative assessments, and the District shall from time to time execute such instruments (such as assignments of impact fee credits) as may be necessary or desirable to accomplish or confirm the foregoing. (p) To construct and maintain facilities for and take measures to control mosquitoes and other arthropods of public health importance. (g) To finance fund plan establish acquire construct or reconstruct enlarge or extend equip operate and maintain additional systems and facilities for conservation areas mitigation areas and wildlife habitat, including the maintenance of any plant or animal species and any related interest in real or personal property. (r) To borrow money and issue negotiable or other bonds of the District as hereinafter provided; to borrow money, from time to time, and issue negotiable or other notes of the district therefore bearing interest at an amount not to exceed the maximum interest allowable by law, in anticipation of the collection of taxes, and assessments or revenues of the district and to pledge or hypothecate such taxes assessments and revenues to secure such bonds, notes, or obligations, and to sell discount negotiate and dispose of the same. () To provide public safety, including but not.limited to, security, guardhouses, fences and gates electronic intrusion detection systems and patrol cars, when authorized by proper governmental agencies: except that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such service within the District boundaries. (t) Subject to prior approval by the St Lucie County Fire Control District, provide systems and facilities for fire prevention and control and emergency medical services including the construction or purchase of fire stations, water mains and plugs fire trucks and other vehicles and equipment consistent with any adopted St Lucie County ordinances, rules, or regulations. (u) To finance fund plan establish acquire construct or reconstruct enlarge or extend equip and maintain additional systems and facilities for school buildings and related structures pursuant to this act and chapter 1013, Florida Statutes, which may be leased sold or donated to the school district for use in the educational system when authorized by the District school board. (v) To establish and create such departments, committees, boards or other agencies including a public relations committee as from time to time the Board of Supervisors may deem necessary or desirable in the performance of this act or other things necessary to the exercise of the powers provided in this act, and to delegate to such departments boards or other agencies such administrative duties and other powers as the Board of Supervisors may deem necessary or desirable. (w) To exercise all other powers necessary, convenient, or proper in connection with any of the powers or duties of the District stated in this act. The powers and duties of the District shall be exercised by and through the Board of Supervisors thereof, which board shall have the authority to employ engineers, attorneys agents employees and representatives as the Board of Supervisors may, from time to time determine and to fix their compensation and duties. . However, in addition thereto the District shall have all of the powers provided for in chapter 298 Florida Statutes as amended from time to time. All powers and authority of the District shall extend and apply to the District as a whole and to each unit of development as from time to time may be designated by the Board of Supervisors. Section 4 Sale of real estate within the district; required disclosure to purchaser, - - Subsequent to the establishment of the district under this act, each contract for the initial sale of aparcel of real property and each contract for the initial sale of a residential unit within the district shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in bold-faced and conspicuous type which is larger than the type in the remaining text of the contract: THE TVC STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSENTS OR BOTH TAXES AND ASSESSMENTS ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. Provided further, prior to the initial subdivision and sale or transfer of any assessable property within the district the owner of land to be sold or transferred shall record the notice contained in this section in the official records of St. Lucie County as a covenant to run with the transferred property. Section 5 Board of Supervisors, organization powers, duties, and terms of office.-- (1) There is hereby created the Board of Supervisors of the TVC Stewardship District which shall be the -governing body of the district. The board of supervisors shall consist of five persons who except as herein otherwise provided shall hold office for terms of three (3) years each and until their successors shall be duly elected and qualified. (2) Except as provided in subsection (3) the election of the District's Board of Supervisors shall be on a one -acre one vote basis pursuant to section 298.11, Florida Statutes as it may be amended from time to time. Each year during the month of June a supervisor or supervisors shall be elected, as hereinafter provided by the landowners of the District to fill the seat or seats of supervisors whose terms have expired All vacancies or expirations on the board shall be filled as required by this act and chapter 298 Florida Statutes. The Board of Supervisors of the TVC Stewardship District shall be residents of the State of Florida and St Lucie County, and citizens of the United States. In case of a vacancy in the office of any Supervisor, the remaining supervisors may fill such vacancy until the next annual meeting of the landowners, when his or her successor shall be elected by the landowners for the unexpired term. As soon as practicable after their election the Board of Supervisors of the District shall organize by choosing one of their number to serve as president of the Board of Supervisors and by electing some suitable person secretary, who may or may not be a member of the Board. The Board of Supervisors shall adopt a seal, which shall be the seal of said District. At each annual meeting of the landowners of the District the Board of Supervisors shall report all work undertaken or completed during the preceding year, and the status of the finances of the District. (3) At the initial landowners' meeting the landowners shall, at such election, determine the length of the terms of office of each initial supervisor so elected by them Respectively, there shall be one 1-year term, two 2-year terms, and two 3- Years terms Thereafter, all terms of supervisors shall be for 3 years. All supervisors shall serve until their successors shall have been elected or appointed and qualified. (4) All Supervisors shall hold office until their successors shall be elected and qualified Whenever any election shall be authorized or required by this act to be held by the landowners at any particular or stated time or day, and if for any reason such election shall not or cannot be held at such time or on such day, then in such event and in all and every such event, the power or duty to hold such election shall not cease or lapse but such election shall be held thereafter as soon as practicable and consistent with this act. (5) Prior to taking any district action a quorum must be present. Quorum for district meetings shall be three supervisors. Section 6 Compensation of Board: per diem. - - The Board of Supervisors may be compensated pursuant to section 298.14 Florida Statutes, as it may be amended from time to time The Board of Supervisors may, by resolution, adopt a rate of reimbursement for travel mileage and meals'for board members and district employees and representatives on official district business pursuant to applicable general law. Section 7 Annual landowners' meeting; election of supervisors. - - A landowners' meeting shall be held each year during the month of June, beginning with June 2007. The purpose of this meeting is to hold an election pursuant to section 5 of this act and for the board of supervisors to make any district reports. Section 8. Taxes; non -ad valorem assessments.-- (1) AD VALOREM TAXES. --The Board of Supervisors, subiect to referendum approval pursuant to Art. VII s. 9 of the State Constitution, shall have the power to levy and assess an ad valorem tax on all the taxable real and tangible personal property in the District to pay the principal of and interest on any general obligation bonds of the District, to provide for any sinking or other funds established in connection with any such bonds, and to pay the costs for construction or maintenance of any of the projects or activities of the District authorized by the provisions of this act or applicable general law. The total amount of such ad valorem taxes levied in any year shall not be in excess of ten (10) mills on the dollar per annum on the assessed value of the taxable property within the District. The ad valorem tax provided for herein shall be in addition to county and municipal ad valorem taxes provided for by law. (2) NON -AD VALOREM ASSESSMENTS.--Non-ad valorem assessments for the construction operation or maintenance of District facilities, services, and operations shall be assessed levied and collected pursuant to chapter 298, chapter 170 or chapter 197 Florida Statutes as amended from time to time. (3) TAXES ASSESSMENTS AND COSTS, A LIEN ON LAND AGAINST WHICH ASSESSED ETC.- - All taxes and assessments provided for in this act together with all penalties for default in payment of the same, and all costs in collecting the same shall from the date of assessment thereof until paid, constitute a lien of equal dignity with the liens for county taxes, and other taxes of equal dignity with county taxes upon all the lands against which such taxes shall be levied as is provided in this chapter. (4) COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR AND CLERK OF THE CIRCUIT COURT. --The Property Appraiser, Tax Collector and Clerk of the Circuit Court of St. Lucie County shall be entitled to compensation for services performed in connection with taxes and assessments of the District as provided by general law. (5) LEVIES OF NON -AD VALOREM ASSESSMENTS ON LAND LESS THAN ONE (1) ACRE. --In levying and assessing all assessments, each tract or parcel of land less than one (1) acre in area shall be assessed as a full acre, and each tract or parcel of land more than one (1) acre in area which contains a fraction of an acre shall be assessed at the nearest whole number of acres, a fraction of one half or more to be assessed as a full acre. Section 9 When unpaid taxes and assessments delinquent; penalty. --All taxes and assessments provided for in this act shall be and become delinquent and bear penalties on the amount of the taxes in the same manner as county taxes. Section 10. Enforcement of taxes and assessments. —The collection and enforcement of all taxes and assessments levied by the District shall be at the same time and in like manner as county taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes, the issuance sale, and delivery of tax certificates for such unpaid and delinquent county taxes the redemption thereof, the issuance to individuals of tax deeds based thereon and all other procedures in connection therewith, shall be applicable to the District and the delinquent and unpaid taxes of the District to the same extent as if the statutory provisions were expressly set forth in this act. All taxes and assessments shall be subject to the same discounts as county taxes. Section 11. Bonds. - - (1) ISSUANCE OF REVENUE BONDS ASSESSMENT BONDS, AND BOND ANTICIPATION NOTES.— (a) In addition to the other powers provided the District, and not in limitation thereof, the District shall have the power, pursuant to this act, chapter 298, Florida Statutes, and applicable general law as amended from time to time, at any time, and, from time to time, after the issuance of any bonds of the District shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. (b) Pursuant to chapter 298, Florida Statutes, and applicable general law as amended from time to time, the District shall have the power to issue assessment bonds and revenue bonds, from time to time, without limitation as to amount for the purpose of financing those systems and facilities provided for in section 3. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived from any protect or combination of proiectsi from the rates, fees, or other charges to be collected from the users of any project or projects; from any revenue -producing undertaking or activity of the District; from non -ad valorem assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the District, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the District. (c) Any issue of bonds may be secured by a trust agreement by and between the District and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any proiects of the District and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including, without limitation, covenants settinq forth the duties of the District in relation to the acquisition, construction reconstruction, stewardship, maintenance, repair, operation, and insurance of any projects; the fixing and revising of the rates, fees, and charges; and the custody, safeguarding, and application of all moneys and for the 10 employment of consulting engineers in connection with such acquisition, construction reconstruction stewardship maintenance, repair, or operation. (d) Bonds of each issue shall be dated: shall bear interest at such rate or rates, including variable rates which interest may be tax exempt or taxable for federal income tax purposes; shall mature at such time or times from their date or dates; and may be made redeemable before maturity at such price or prices and under such terms and conditions as may be determined by the board. (e) The District shall have the power to issue bonds for the purpose of refunding any outstanding bonds of the District. (2) GENERAL OBLIGATION BONDS. — (a) Pursuant to this act the District shall have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of thirty-five percent (35%) of the assessed value of the taxable property within the District as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the District is pledged Except for refunding bonds, no general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital proiect and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution Such elections shall be called to be held in the District by the Board of Supervisors. (b) The District may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve funds provided therefore and met unconditionally and irrevocably pledge itself to ad valorem taxes on all taxable property within the District to the extent necessary for the payment thereof, without limitations as to greater amount, (c) If the board determines to issue general obligation bonds for more than one capitaI.-Pro iectthe approval of the issuance of the bonds'for each and all such projects may be submitted to the elector on one and the same ballot, The failure of the electors to approve the issuance of bonds for any one or more of the 11 capital projects shall not defeat the approval of bonds for any capital project that has been approved by the electors._ (d) In arriving at the amount of general obligation bonds permitted to be outstanding at any one time pursuant to paragraph (a), there shall not be included any general obligation bonds which are additionally secured by the pledge of: 1 Special assessments levied in the amount sufficient to pay the principal and interest on a general obligation bond so additionally , secured, which assessments have been equalized and confirmed by resolution or ordinance of the board pursuant to section 170.08 Florida Statutes, 2 Water revenues, sewer revenues, or water and sewer revenues of the District to be derived from user fees in an amount sufficient to pay the principal and interest on the general obligation bond so additionally secured. 3 Any combination of assessments and revenues described in subparagraphs 1 and 2. Section 12 In case any one or more of the sections or provisions of this act or the application of such sections or provisions to any situations, circumstances, or person shall for any reason be held to be unconstitutional, such unconstitutionality shall not affect any other sections or provisions of this act or the application of such sections or provisions to any other situation, circumstance or person and it is intended that this law shall be construed and applied as if such section or provision had not been included herein for any unconstitutional application. Section 13 In the election provided for in section 5 and the referendum required pursuant to section 14 each assessable acre or fraction thereof present in person or by proxy shall be counted as one vote. Section 14 This section and section 13 shall take effect upon this act becoming a law, and the remaining sections shall take effect upon approval by a majority 12 vote of those owners of land within the district not exempt from ad valorem taxes or non -ad valorem assessments present at a landowners' meeting to be held within 20 days after this section becomes a law. 13 LLwIS,&WALKER,A. LONGMAN P LCOPY ATTORNEYS AT LAW t TM i HELPING SHAPE FLORIDA'S FUTtw__ www.11w.law.coin September 28, 2005 Michael Busha, Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 Reply To: West Palm Beach e!JO i l � Pi - T r � RE: Options for Implementation of Treasure Coast Regional Planning Council (TCRPC) St. Lucie County Charrette Dear Michael: As a result of discussions with you and your staff, I understand that TCRPC is currently working with St. Lucie County, landowners within the County and other interested parties in the development of a plan for implementing certain restoration projects related to ground and surface waters within the northern portion of St. Lucie County. The discussions have taken place in the context of charrette meetings conducted by TCRPC and have involved consideration for use of the Ft. Pierce Farms Water Control District (the District) as a possible tool for implementing water control changes in the planning area. The District is the only governmental body within the planning area that might have the ability to implement the charrette other than St. Lucie County. You have asked that I provide you with viable options available for implementing the charrette plan, including consideration of the use of the District. Because of its limited authority, I do not believe that the District in its present form, represents a logical option for the task. There are other alternatives available, however. The remainder of the letter outlines background facts as I understand them and then identifies those alternatives, along with pros and cons. A. Background Facts 1. Ft. Pierce Farms Water Control District covers a substantial portion of the geography of Northern and North Central. St. Lucie County which is the subject area of the TCRPC planning charrette. The District was created several decades ago, pursuant to Chapter 298, Florida Statutes. Water control districts created under Chapter 298 are single -purpose districts with legislative authority to Tallahascaa Bradenton lachsonoi/le Post Office Box 10788 (32302) W.,t Palm Beach 1001 3rd Avenue West 9428 Ba)"catlows Road 125 South Gadsden Street 1700 Palm Beach Iakes Blvd. Suite 670 Suite 625 Suite 300 Suite 1000 Bradenton, FL 34205 Jacksonville, FL 32256 Tallahassee, FT. 32301 West Palm Beach, FL 33401 (941) 70S-4040 (904) 737.2020 (850) 222-5702 (561) 640-0820 Fax: (941) 708-4024 Fax: (904) 737-3221 Fax: (850) 224-9242 Fax: (561) 640-8202 Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 2 provide only water management (drainage, flood control, water supply and environmental restoration of waters) within district boundaries. They are authorized to levy non -ad valorem assessments annually against all benefited landowners within the district to build and maintain a water control system for that purpose. They also have the authority to issue bonds for the capital improvements necessary to construct the water control system. 2. Land uses within the District and the charrette planning area are primarily agricultural. The flood control and water management systems installed by the District serve the agricultural uses and are essentially a grid pattern of canals, dikes, levees and pumps that control the ground and surface water levels in the District sufficient for agriculture such as citrus. The District maintains and operates the water control system by levying non -ad valorem assessments on a per acre basis upon benefited lands in the District that are served by the system. 3. Over the past few years, the charrette area has come under urban development pressure. Several large regional developers are in various early stages of planning and designing large residential and commercial developments. I understand a number of developers have already committed resources to the preparation of the information necessary to process a Development of Regional Impact application, pursuant to Chapter 380, Florida Statutes, through St. Lucie County and the Florida Department of Community Affairs. I also understand these developers are currently willing to cooperate with TCRPC and St. Lucie County in developing and implementing a comprehensive planning blueprint for the area provided their plans are not unnecessarily threatened or delayed. 4. During the past year, the TCRPC charrette meetings have developed the concept of a flowway or flowways to begin restoration and rehydration of substantial portions of the District that had been previously drained. TCRPC also recognizes the need to develop a plan and institutional framework for the area that would not only implement the plan, but balance the needs of the development community with environmental restoration goals. 5. Concurrently, South Florida Water Management District (SFWMD) is interested in a project in this area for water storage and rehydration of the groundwater regime as part of the Comprehensive Everglades Restoration Plan (CERP). Hence, there is potential for local, state and federal participation in a restoration project. t t i Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 3 6. As the general purpose government with responsibility for comprehensive planning and the operation and maintenance of local public infrastructure, St Lucie County is responsible for overseeing the future development of the area in question. 7. From discussions with TCRPC staff, it seems clear that in addition to the development of a plan for the area in question, some institutional structure is needed that has the ability to finance, construct and maintain the public infrastructure necessary, coordinate planning and implementation activities with other governments and work with development interests. TCRPC staff has, therefore, asked that I address possible options for implementation of the charrette plan, along with the pros and cons of each option. B. Option 1: Pros and Cons — St. Lucie County Alternate No. 1 St. Lucie County may implement the charrette plan as follows: a. The County as the general purpose government has the ability to amend its comprehensive plan for the area in question to dictate accomplishment of the new water control system. It is possible for the County to fast track implementation to some extent, pursuant to Chapter 163, Florida Statutes. b. Concurrently, the County may, pursuant to Chapter 125, Florida Statutes, create a municipal service taxing unit or a municipal service benefit unit (MSTU or MSBU) that covers the geographic area in question. This entity will continue to be an administrative arm of St. Lucie County government. c. Also, concurrently, TCRPC and St. Lucie County should consider discussions with the Ft. Pierce Farms District to raise the issue of whether it should be dissolved or otherwise integrated into the plan. As a part of dissolution, the assets and liabilities of the District would be transferred to St. Lucie County. d. Pursuant to Article VII, Section 9 of the Constitution and Section 125.01, Florida Statutes, MSTU/MSBU powers essentially include all municipal services. As examples, potable water, sewer services, roads and bridges, trash, fire protection, flood control, drainage, recreation and law enforcement are municipal services that can all be funded and provided via an MSTU/MSBU structure. D. MSTU/MSBU powers also include the ability to levy and collect ad valorem taxes on lands within. the MSTU/MSBU to provide for public infrastructure. As a matter of law, St. Lucie County has the legislative Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 4 authority to levy up to an additional ten mills of ad valorem tax within the MSTU/MSBU boundary for municipal services. The District also has the ability to levy non -ad valorem (benefit -based) assessments within the District on all benefited properties. Finally, the MSTU/MSBU may issue bonds with County approval that would be backed by non -ad valorem assessments. Such bonds would allow fast tracking the desired infrastructure. Bonds backed by ad valorem taxes generated by the MSTU may be issued only with referendum approval of electors within the MSTU. 2. Pros and Cons a. Pros (1) Alternative 1 could be reasonably speedily implemented. As noted previously, St. Lucie County can begin to fast track the planning and the creation of an MSTU/MSBU. (2) A single administrative entity will be in charge of the creation of the MSTU/MSBU and implementation of the financing scheme and construction of the charrette proposal. (3) As the general purpose government within the area, St. Lucie County has the legislative authority to do all things necessary to begin implementation. The only matter over which they do not have absolute authority is the possible dissolution of the Ft. Pierce Farms Water Control District. (4) With St. Lucie County responsible for most of the implementation, coordination with TCRPC and SFWMD, as well as landowners, would be relative simple. b. Cons (1) Generally, the time, expense and manpower commitment by the County to accomplish the tasks identified will be substantial. At this time, it is unknown whether St. Lucie has knowledgeable staff that would have the time to devote to all tasks required. (2) The administrative burden of management will also be fairly substantial. This will include: (i) Initial organization and creation of the MSTU/MSBU as well as plan adoption. Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 5 (ii) Once created, administration and oversight of finance, land acquisition, construction and maintenance of the new infrastructure. (3) If the District is dissolved, the assessments that are currently available to maintain the existing water control system will be lost. (4) Dissolution of the District will also shift any liability they may have to St. Lucie County. (5) There are always political issues and potential controversy associated with the levy of any new taxes or non -ad valorem assessments. St. Lucie County would be at the center of these issues as well. C. Option 2: Pros and Cons — St. Lucie County Alternative No. 2 1. St. Lucie County may implement the charrette as follows: a. The County can fast track a comprehensive plan amendment that authorizes implementation of the water control and related features. b. The County also probably has the authority to require large scale and regional developers to implement portions of the charrette within lands thereon at their cost. The implementation of charrette projects would be included as conditions of any approval of development. The developers' options for implementation of charrette requirements would be: (1) Pay the costs up front and let St. Lucie County implement the charrette projects. (2) Implement the charrette projects themselves as part of the development and transfer ownership of the facilities to St. Lucie County for maintenance (probably along with a commitment to assess the developed property for maintenance). (3) Petition St. Lucie County or the Governor and Cabinet to create a community development district (CDD) pursuant to Chapter 190, Florida Statutes. This district would be created congruent with a developer's land and be set in place to finance, construct and maintain public infrastructure in perpetuity. A CDD has many powers to construct public facilities of all kinds. 2. Pros and Cons Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 6 a. Pros (1) The proposal has fairly reasonable administrative ease for St. Lucie County. Essentially, St. Lucie County would need to amend its comprehensive plan to incorporate the charrette proposal. The County would also need to be certain it could impose development conditions on developers as they came in for development approval that would achieve development of portions of the charrette plan. (2) The cost to St. Lucie County would be fairly nominal and could be transferred directly to developers desiring new development within the area. b. Cons (1) The implementation schedule for the charrette plan will be piecemeal and coordination with the SFWMD project will be unwieldy. Each developer will have different a schedule and plans for development and actually ensuring that the project is ultimately accomplished within a meaningful time schedule will be difficult. (2) There will also be fragmented responsibility for maintenance of the project or portions of the project if it is done in the manner described. (3) Small landowners may not be able to implement their portions of the project. Hence, some portions of the project may never get accomplished. (4) There will still be a need to coordinate (either dissolution or a plan amendment by the District) with the existing water control district. (5) There is also the possibility of legal challenges from the development community depending upon how a County comprehensive plan amendment implementing the charrette plan affects them. D. Option 3: Pros and Cons — St. Lucie County Alternative No. 3. 1. Under this option, St. Lucie County will probably still have a need to amend its comprehensive plan to identify the charrette project. 2. Concurrently, TCRPC and St. Lucie County may request the Legislature enact a special act to create a multi -powered independent improvement district that covers the charrette area. For your review, I have attached a copy of the Big Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 7 Cypress Stewardship District Act recently passed by the Legislature. It was established for similar purposes to those of the charrette plan. 3. At the same time, the County, in conjunction with Ft. Pierce Farms, should probably request a Court dissolve the District and transfer its assets and liabilities to the new district once it is created. 4. The new improvement district created by legislative act would be the overall entity responsible for financing, implementation and maintenance of the charrette plan. The district could be organized and empowered as follows: a. The special act would provide the district with perpetual existence. The governing board of the district would be established as a five member board. In order to recognize the desire of St. Lucie County to maintain a voice in what happens, two of the board members could be appointed directly from the County Commission. Three board members could be appointed by the Governor from a list of County and district residents that are recommended by the County Commission. The purpose of the mix is to maintain the district as an independent political subdivision. Maintaining independence is important when the new district acts to levy ad valorem taxes or sell bonds. As an independent district, ad valorem taxes levied by the district would not be counted toward the County's 10 mill cap. b. Improvement districts, such as the one described herein, typically have all the powers of a county or municipality except police power. And, even then, such districts are authorized to collect taxes or non -ad valorem assessments for the purpose of cooperating with police power agencies for general public protection. c. The district can also be authorized to levy ad valorem taxes (subject to referendum approval within the district), non -ad valorem assessments, impact fees and other fees. d. Importantly, a district such as the example attached (The Big Cypress Stewardship District) has the statutory authority to create sub -districts or units of development within the district. The District can then implement a development plan within the sub -district and finance the development with non -ad valorem assessments levied only against the benefited property within the sub -district. Hence, property within the district but outside the sub -district would not have to pay assessments for improvements in the sub -district that provide no direct benefit. e. If TCRPC and St. Lucie County desire, it would also be possible to include language in the special act that directed the new district to implement the TCRPC charrette and assist with St. Lucie County, SFWMD and the Corps of Engineers in the implementation of the CERP projects. Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 8 5. Pros and Cons a. Pros (1) The newly created district would have a clear linkage for coordination purposes with the St. Lucie County Commission. (2) A broad legislative charter would authorize the district to not only implement water control features but other important infrastructure such as roads, water, sewer service, etc. And, if desired, the special act could also mandate implementation of a charrette plan consistent with the St. Lucie County Comprehensive Plan and the CERP project. (3) Sources of public finance, separate and independent of St. Lucie County would be created by way of district authority to levy non -ad valorem on property as well as the collection of ad valorem taxes. (4) By creating sub -districts and levying non -ad valorem assessments discretely within a sub -district to finance improvements, the overall plan can be implemented in manageable pieces and only the property receiving direct benefits would pay the assessments. (5) St. Lucie County would be insulated from liability or management responsibilities for project implementation. (6) Under the legislative charter, the new district would be the responsible entity for continuing maintenance of water control services within the planning area that had previously been the responsibility of Ft. Pierce Farms. (7) The new district would become a permanent maintenance entity for existing and new infrastructure in the planning area. (8) The district would have extensive authority to issue bonds to pay for fast tracking capital construction. b. Cons (1) Initial costs of creation and operation that would need to be assumed by St. Lucie County or some other entity once the new district was created. It will probably be a year to a year and a half before the district would be up and running on its own revenue. Mi--hael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 9 (2) The new district will be a separate independent government. It will be necessary to coordinate district activities with TCRPC, St. Lucie County and SFWMD to guarantee little or no conflict. (3) As with previous alternatives, political issues associated with taxes and assessments could arise. Michael, I think the options I have outlined are reasonably comprehensive. In my opinion, Option #3 provides the greatest opportunity to accomplish the stated goals. This is so because it creates a substantial, new source of revenue and an institutional organization dedicated solely to accomplishing the goals identified by the charrette. If you have any question on the matter, please let me know. Sincerely yours, Terry E. Lewis TEUbt Enclosure C. Ms. Marcela Camblor Mr. Douglas M. Anderson Daniel S. McIntyre, Esquire hChent DocumentslTreasure Coast RPC\New MattMCorrlBusha Ur - 09-06-05 Revised.doc Consent Agenda Items AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C,2 DATE: November 28, 2006 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Resolution No. 06-345 - Changes to the St. Lucie County Investment Policy BACKGROUND: See attached memorandum FUND5 AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 06- 345 as drafted. COMMISSION ACTION: [X] APPROVED [ ] DENIED j OTHER: Approved 5-0 Review and Approvals County Attorney: Management & Budget Originating Dept. Public Works Dir: Finance: (Check for copy only, if applicable) County Administrator urchasing; _ County Eng.; Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-1850 DATE: November 7, 2006 SUBJECT: Resolution No. 06-345-Changes to the St. Lucie County Investment Policy BACKGROUND: On September 26, 1995, the Board adopted Resolution No. 95-168 which adopted an investment policy as recommended by the Investment Subcommittee of the St. Lucie County Citizens Budget Review Committee. The Investment Policy was subsequently amended by Resolution No. 92-275, Resolution No. 97-190, Resolution No. 97-272, Resolution No. 01-95 and Resolution 05-378. The Investment Policy was amended by the Investment Committee on October 25, 2006 as indicated on the attached copy. RECOMMENDATION/CONCLUSION : Staff recommends that the Board adopt Resolution No. 06-345 as drafted. Respectfully submitted, Daniel S. McIntyre County Attorney D5M/caf Attachment RESOLUTION NO. 06-345 A RESOLUTION AMENDING RESOLUTION NO. 05-378 WHICH AMENDED THE INVESTMENT POLICY FOR ST. LUCIE COUNTY, FLORIDA, BY FURTHER AMENDING THE INVESTMENT POLICY WHEREAS, the Board of County Commissioners of St. Lucie county, Florida, has made the following determinations: 1. Pursuant to Section 218.415, Florida Statutes, on or before October 1, 1995, counties that have custody of public -funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing these funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment plan and an investment policy adopted by the Board of County Commissioners or in the alternative to invest in specified low -risk instruments. 2. On September 26, 1995, the Board adopted Resolution No. 95-168 which adopted an investment policy as recommended by the Investment Subcommittee of the St. Lucie County Citizens Budget Review Committee. 3. On December 6,1995, the Investment Committee recommended that the Board adopt certain amendments to the investment policy; and on January 2, 1996, the Board adopted Resolution No. 95-275 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 4. On December 3,1997, the Investment Committee recommended that the Board adopt certain amendments to the investment policy and on December 16, 1997, the Board adopted Resolution No. 97-190 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 5. On April 4, 2001, the Investment Committee recommended that the Board adopt certain amendments to the investment policy, and on April 24, 2001, the Board adopted Resolution No. 01-95 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 6. On September 21, 2005, the Investment Committee recommended that the Board adopt certain amendments to the investment policy and on October 11, 2005, the Board adopted Resolution No. 05-378 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 7. On October 25, 2006, the Investment Committee recommended that the Board adopt certain changes to the investment policy, which amendments are attached as Exhibit „A„ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby adopt the amendments to the investment policy attached hereto and made a part hereof as Exhibit "A", pursuant to Section 218.415, Florida Statutes. 2. Except as amended herein, the remaining terms and conditions of Resolution No. 05-378, as amended, shall remain in full force and effect. 3. This resolution shall take effect on adoption. After motion and second, the vote on this resolution was as follows: Chairman XXX Vice Chairman XXX Commissioner XXX Commissioner XXX Commissioner XXX PASSED AND DULY ADOPTED this 28th day of November, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS. BY: County Attorney EXHIBIT "A" ST. LUCIE COUNTY INVESTMENT POLICY TABLE OF CONTENTS I. SCOPE...................................................................................................................................................1 II. INVESTMENT ....................................................................................................................................1 III. INVESTMENT PERFORMANCE AND REPORTING...........................................................1,2 IV. PRUDENCE AND ETHICAL STANDARDS...............................................................................2 V. AUTHORIZED INVESTMENTS.........................................................................................2,3,4 VI. MATURITY AND LIQUIDITY REQUIREMENTS.............................................................4,5 VII. PORTFOLIO COMPOSITION.............................................................................................. 6,7,8 VIII. RISK AND DIVERSIFICATION.................................................................................................8 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS..................................8 X. THIRD PARTY CUSTODIAL AGREEMENTS..........................................................................9 XI. MASTER REPURCHASE AGREEMENT.......................................................................................9 XII. BID REQUIREMENTS.............................................................................................................. 9110 XIII. INTERNAL CONTROLS..........................................................................................................11,12 I. SCOPE This investment policy applies to all surplus funds held by or for the benefit of the St. Lucie County Board of County Commissioners, hereinafter referred to as the County. These policies were adopted using Sections 125.31 and 218.415, Florida Statutes. Bond proceeds may be further limited or expanded by their respective bond resolutions or covenants and shall not be considered to be in conflict with the Investment Policy. II. INVESTMENT OBJECTIVES The County shall strive to achieve with each investment opportunity, the following objectives, in ORDER OF PRIORITY: 1. SAFETY - The primary objective of the County's investment activities is the protection of investment capital. 2. LIQUIDITY - The County's investment strategy will provide sufficient liquidity such that cash flow requirements are met through the utilization of marketable securities with structured maturities. 3. INVESTMENT INCOME - In investing public funds, the County will strive to maximize the return on the portfolio but will minimize investment risk. III. INVESTMENT PERFORMANCE AND REPORTING A portfolio report shall be prepared each quarter by the Finance Director or designated staff member, and be provided to the Clerk of the Circuit Court and appropriate management staff. The report will also be made available to the Board of County Commissioners and Investment Committee. The report shall include a breakdown of the portfolio as well as its overall performance and the current market pricing at month - end. A detailed analysis of the investment portfolio will be prepared by the Finance Director and presented to the Board of County Commissioners and Investment Committee on a quarterly basis. The report shall include information relating to transactions, market values, performance and adherence to policy. The Clerk of Court is authorized to utilize an investment accounting service to obtain necessary information. The Board of County Commissioners will conduct an annual meeting t$ review of the investment portfolio and eyeluete-the investment policy. 1 The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee will rely on the Clerk of the Court, Finance Director, and their staff for support. The Investment Committee and the Board of County Commissioners shall receive a copy of the portfolio pricing analysis. prepered by the third party sef-yiee and shall else i-ee )f all tpenseetien adyie The Clerk of the Circuit Court shall be notified immediately upon exceptions from currently approved investment policies by the Finance Director. In the event of an emergency situation requiring noncompliance with policy guidelines, the Finance Director shall attempt to schedule a special committee meeting to discuss the proposed action. If a special committee meeting is not possible due to time constraints or scheduling problems, the Finance Director shall individually notify a minimum of three committee members to obtain approval of the proposed action. IV. PRUDENCE AND ETHICAL STANDARDS The "prudent person" standard shall be used in the management of the overall investment portfolio. The Finance Director, and other persons performing the investment function, shall act as a "prudent person" in accordance with these written policies and procedures, exercising due diligence and investing in investments authorized by law. The "prudent person" standard is herewith understood to mean the following: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. V. AUTHORIZED INVESTMENTS The Clerk of the Court acting through the Finance Director, or other designee of the Clerk's office, shall purchase or sell investment securities at prevailing market rates] with a preference to par bonds or those at a discount. Authorized instruments are as follows: 2 A. The Local Government Surplus Funds Trust Fund, the State Investment Pool administered by the State Board of Administration, also known as 5.B.A. B. The Florida Local Government Investment Trust, also known as the F.L.G.I.T, administered by the Florida Association of Court Clerks and Comptrollers and the Florida Association of Counties. C. Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States Government. Such securities will include, but not be limited to, the following: 1. Treasury Bills 2. Treasury Notes 3. Treasury Bonds D. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by United States agencies provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to, the following: 1. Farmers Home Administration 2. Government National Mortgage Association (GNMA) E. Bonds, debentures, notes of or other evidence of indebtedness issued or guaranteed by United States Government agencies (Federal Instrumentalities) which are not full faith and credit agencies limited to the following: 1. Federal Farm Credit Bank (FFCB) 2. Federal Home Loan Bank or its district banks (FHLB) 3. Federal National Mortgage Association (FNMA) 4. Federal Home Loan Mortgage Corporation (Freddie -Macs) F. Non-negotiable interest -bearing time certificates of deposit, money market accounts or savings accounts in banks/savings and loan associations organized under the laws of the United States, doing business and situated in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. 3 G. Repurchase agreements collateralized by Treasury Bills or Notes having a maturity of two (2) years or less. Investment in derivative products is not authorized. For the purposes of this policy derivative products are defined as financial arrangements whose value are derived from changes in an underlying variable such as a stock, bond, stock index interest rate index, currency, commodity, etc. Derivative investments include but are not limited to: futures contracts, options contracts, forward contracts, interest rate swaps interest rate floor or ceiling contracts, and linked index investments. VI. MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investments, including investment pools, of current operating funds shall have maturities of up to five (5) years. The Finance Director and other persons performing the investment function will provide an appropriate mix of maturities to maximize the return on the portfolio while minimizing investment risk. Investment of bond reserves, construction funds, and" other non - operating funds shall have a term appropriate to the need for funds, and in accordance with debt covenants, but shall not exceed five (5) years, unless permitted by the terms of the bond documents. 4 F. A liquidity amount of approximately #we-(2) three 3 months of anticipated disbursements, excluding bond construction payments or other bond payments made from escrow or trust accounts, will be kept in relatively short-term investments. These would include the State Investment Pool (SBA), F.L.G.I.T., money market accounts r rti fi .,.tes- f Depesit, U.S. Treasury Obligatiens and Repurchase Agreements. VII. PORTFOLIO COMPOSITION The following are the guidelines for investments and limits on security issues, issuers, and maturities as established by the County. The Finance Director, or their appropriate designee, after consulting with the Clerk of Circuit Court, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. The following maximum limits are guidelines established for diversification by instrument: A. The Local Government Surplus Trust Fund (SBA). 1. A maximum of 80% of the portfolio may be invested in then T...wst+ s the SBA, however, bond proceeds may be temporarily deposited in the TTt;st Fund -myestment Peels SBA until alternative investments have been purchased and are not a part of this calculation. B. The Local Government Investment Trust fund (F.L.G.I.T.) 1. A maximum of 35% of the portfolio may be invested in f F.L.G.I.T). C. Non-negotiable Interest -Bearing Time Certificates of Deposit 1. A maximum of 40% of the portfolio may be invested in non-negotiable interest bearing time certificates of deposit or savings accounts. 2. The maximum maturity on any certificates shall be no greater than one (1) year from the time of purchase. 3. A maximum of 2-5% 10% of the portfolio may be deposited in the instruments of any one issuer. D. United States Government Securities 1. A maximum of 75% of the portfolio may be invested in United States Government Securities which are defined as negotiable direct obligations, or obligations the principal and interest of which are unconditionally guaranteed, by the United States Government: , 0 2. The maximum length of maturity of any direct investment in government securities is five (5) years. E. United States Federal Agencies 1. A maximum of 50% of the portfolio maybe invested in United States Federal Agency securities which are backed by the full faith and credit of the United States Government: , 2. Maturity will be limited te the ' . ts ef United Stat-e-s Geyermmiemt wpities-. The maximum length of maturity of any direct investment in Federal Agencies Securities is five (5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. F. Federal Instrumentalities 1. A maximum of 40% of the portfolio may be invested in Federal Instrumentalities which are not full -faith and credit United States Government Agencies_ , 2. Metwpit-y will be limited te the Pequipemients of the United States Geyewmmie^+ seewpities The maximum length of maturity of any direct investment in Federal Instrumentalities is five (5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. G. Repurchase Agreements 1. A maximum of 10% of the portfolio may be invested in repurchase agreements with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. 2. The maximum term of a repurchase agreement will be one (1) year. f7 3. A maximum of 10% of the portfolio may be invested in the instruments of any one issuer with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. VIII. RISK AND DIVERSIFICATION Assets held shall be diversified to control the risk of loss resulting from the over concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which these instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the appropriate management staff. IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The County shall only purchase securities from financial institutions which have offices located within the State of Florida and are qualified as public depositories by the Treasurer of the State of Florida, from primary securities brokers/dealers designated by the Federal Reserve Bank of New York or from secondary brokers/dealers, specified , with an office located in the State of Florida. Such specified brokers/dealers must be tie end reviewed and approved by the Investment Committee. Gemmissieners. Documented lists of the authorized financial institutions and brokers/dealers will be developed and maintained by the Finance Director and approved by the Clerk of the Court. If at any time the Clerk of the Court is appropriately notified of any threat to the integrity of the investment portfolio, proper security measures may be suggested and implemented, and the Clerk of the Court shall have the option to further restrict investment in selected instruments, to conform to the then -present market conditions. Repurchase Agreements will be conducted through, and negotiated with primary securities brokers/dealers, or secondary brokers/dealers, or Qualified Public Depository financial institutions. A written Master Repurchase Agreement will be negotiated with any institutions with which the County through the Clerk of the Court enters into a specific repurchase agreement. P., X. THIRD PARTY CUSTODIAL AGREEMENTS The Clerk of the Court will execute a Third Party -Custodial safekeeping Agreement with a commercial bank's trust department which is separately chartered by the United States Government or the State of Florida. All securities purchased and/or collateral obtained by the Clerk of the Court shall be properly designated as an asset of the County and held in safekeeping by the trust department and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by an authorized staff member. The Third Party Custodial Safekeeping Agreement shall include letters of authority from the Clerk of the Court, details as to responsibilities of each party, notification of security purchases, sales, delivery, repurchase agreements, wire transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen mishaps including liability of, each party. XI. MASTER REPURCHASE AGREEMENT The Clerk of the Court will require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the Master Repurchase Agreement. The agreement shall specify that the underlying securities have a market value of at least 103% of the principal balance of the investment. The market value is to be determined on a monthly basis. XII. BID REQUIREMENT Although in most situations the competitive bid process shall be utilized, there is no obligation to secure competitive bids from all financial institutions and dealer/brokers on the approved list. Rather a decision will be made by the Clerk of the Court through the Finance Director as to the institutions that have been the most competitive over the preceding weeks and these will be contacted for a bid. A. After the Clerk of the Court, through the Finance Director, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three (3) qualified banks and/or dealers will be contacted and asked to provide bids on the securities in question. 9 1. awarded. 2. clearly identif ied. Bids will be held in confidence until the highest bid is determined and Documentation will be retained for all bids, with the winning bid 3. If for any reason the highest interest rate bid was not selected, then the reasons leading to that decision will be clearly indicated on the bid form. 4. If the maturing investment is funds to be invested are from a certificate of deposit, the present holder of the funds issuer of the CD will be one of the contacts made, subject to the portfolio diversification requirements in this policy. 5. In certain circumstances where a dealer or bank informs the County of a potential sale that must be completed within minutes of notification, the competitive bidding policy will be waived. The Clerk of the Court will have final approval on these particular transactions before they have been completed. 6. Notwithstanding the above, in order to afford financial institutions (banks and/or savings and loan associations) within St. Lucie County opportunities to enhance the economy of the local area, certificates of deposit may be purchased from an institution as described in Section V.F provided that the following additional conditions have been satisfied: a. The institution, or a branch office, is located within the boundaries of St. Lucie County. b. The institution has the highest and best bid of all bidding institutions as described in Section V.F. C. The institution awarded the bid is subject to the portfolio limitation requirements and may not exceed said limitations. d. Banks/savings and loan associations included on the approved list must be Qualified Public Depositories, as determined by the State of Florida. 10 XIII. INTERNAL CONTROLS The Clerk of the Court shall exercise and monitor a set of internal controls to be conducted through the Finance Director, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of the securities transactions. The investment policy shall provide for review of such controls by independent auditors as part of any financial audit periodically required of .the unit of local government. Such internal controls shall consist of the following: A. All securities purchased or sold will be transferred only under the "delivery versus payment" (DY.P.) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met. a. The Clerk of the Court is authorized to accept, on behalf of and in the name of St. Lucie County, bank trust receipts or confirmations as evidence of actual delivery of the obligation or securities in return for investment of funds. C. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of St. Lucie County. D. Written documentation and/or confirmation of telephone transactions and wire transfers will be maintained. E. There will be adequate separation of duties with clear delegation of authority among investment personnel. F. Custodial safekeeping shall be properly utilized. G. Operation review and performance evaluations and reporting, interim and annual, shall be done by the Finance Director. H. There will be an avoidance of no bearer -form securities. I. There will be no physical delivery of securities. 11 J. There will be specific limitations regarding securities losses and remedial action shall be taken as soon as possible. K. A development of a wire transfer agreement with the custodial bank outlining the various controls and security provisions for making and receiving wire transfers shall be made. L. There is a prohibition of collusion between those making investment decisions and those providing investment services. M. Written dealer confirmation and monthly and/or quarterly custodial account statements shall be maintained. N. Investment policy shall be established by the Board of County Commissioners considering the recommendations of the Investment Committee. All daily investment activity will be coordinated and reviewed by the Finance Director. In the absence of the Finance Director and Clerk of the Court investment activity must be approved by their designee and later approved by the Finance Director or Clerk of the Court. O. The following positions are designated by the Clerk of the Court as having the authority to initiate all investment activities: 1. Clerk of the Court 2. Finance Director 3. All other designees will be at the discretion of the Clerk of the Court P. All officials responsible for making investment decisions, or the Finance Director, shall complete 8 hours of continuing education annually in subjects or courses of study related to investment practices and products. Q. Such additional internal controls as established by the Clerk of the Court. 12 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT ITEM NO. C. 34 DATE: 11/28/2006 REGULAR( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: Neil Appel, Director SUBJECT: Work Authorization No. 14 under continuing contract C05-04-170 with Masteller & Moler, Inc. BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: 140-4220-563000-48004 (Infrastructure — Airport West Commerce Park) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approve Work Authorization No. 14 to Contract C05-04-170 with Masteller & Moler, Inc. in the amount of $164,500.00 and authorized the Chairman to sign the work authorization as prepared by the County Attorney. COMMISSION ACTION: CONCURRE E: �C) APPROVED ( ) DENIED () OTHER Approved 5-0 DERSON COUN ADMINISTRATOR Coordination/Signatures County Attorney (X) Mgt. & Budget (X) bL Purchasing (X) Originating Dept. () Other( Other( ) Finance: (check for copy, only if applicable) COUN Y �t3 PURCHASING DEPARTMENT TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: November 17, 2006 MEMORANDUM RE: Work Authorization No. 14 under continuing contract C05-04-170 with Masteller & Moler, Inc. BACKGROUND: Engineering Services related to providing route survey, base plans, engineering, construction plans, permitting, construction administration, periodic observation for the construction of a 12" force main along Taylor Dairy Road to Angle Road; extend 6" force main along St. Lucie Boulevard to connect to existing 6" force main; renovations of the Westwood Pump Station #49 to serve the St. Lucie Airport West Commerce Park; and assistance with design/construction of Airport West Commerce Park Master Lift Station. RECOMMENDATION: Staff recommends Board approve Work Authorization No. 14 to Contract C05-04-170 with Masteller & Moler, Inc. in the amount of $164,500.00 and authorized the Chairman to sign the work authorization as prepared by the County Attorney. WORK AUTHORIZATION No. 14 CONTRACT NO. C05-04-170 St. Lucie County Airport West Commerce Park Master Lift Station Construction of a 12" Force Main Extend 6" Force Main Renovations of the Westwood Pump Station #49 Professional Engineering Services Pursuant to that certain Agreement Between the County And the Engineer For Continuing Engineering Services (the "Agreement") between St. Lucie County (the "County") and Masteller & Moler, Inc. (the "Engineer") dated April 12, 2005, as extended, Engineer hereby agrees to provide professional engineering services under the terms and condition set forth in Exhibit "A", attached hereto and made a part of this Work Authorization. IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of , 2006. ATTEST: ST. LUCIE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MASTELLER & MOLER, INC. By: Print Name: Title: Exhibit A Engineering Services Related to Providing Route Survey, Base Plans, Engineering, Construction Plans, Permitting, Construction Administration, Periodic Observation for the Construction of a 12" Force Main Along Taylor Dairy Road to Angle Road; Extend 6" Force Main East Along St. Lucie Boulevard to Connect to Existing 6" Force Main; Renovation of the Westwood Pump Station #49 to Serve the St. Lucie Airport West Commerce Park; and assistance with design/construction of Airport West Commerce Park Master Lift Station TASK A I. Scope Of Services A. Provide a Route Survey, Site Survey and Base Plans for engineering design purposes for a sewage pump station renovation and force main project. The project will begin at the proposed pump station site located at the St. Lucie Airport West Commerce Park. The route for the 12" force main will proceed south along Taylor Dairy Road crossing St. Lucie Blvd., FPFWCD Canal, and SFWMD Canal to Angle Road for connection to the existing 8" force main. The route for the 6" force main will connect to the proposed 12" force main at Taylor Dairy Road and proceed east along St. Lucie Boulevard approximately 3,500' f for connection to the present termination of the existing 6" force main. The estimated length of the route survey for the 12" force main is 10,560 f feet and approximately 3,500 t feet for the 6" force main. The Route Survey will include all visible improvements located within the proposed pipeline corridor and detailed information as needed at the directional bore locations. Elevations will be based on NGVD 1929 and be obtained along the route. Base Plans will be prepared showing the Route Survey information and for use in preparing the Engineering Utility Design Construction Plans. Services include a Site Survey and As -Built Data of the existing Westwood Pump Station #49 sufficient to allow design and plan preparation of station renovations. B. Prepare Construction Plans and provide Engineering Design services suitable for project permitting and construction showing proposed 12" force main and 6" force main with valves, air relief valves, and directional bores. The route of the proposed force mains is as described in above Paragraph A. Provide assistance to the Engineering Firm designing the Airport West Commerce Park (AWCP) Master Pump Station. The assistance will involve design plan review and coordination to assure compatibility of the selected pump and the above described force main system. Our services will include assistance with shop drawings and periodic observation of construction. Exhibit "A" Page 2 of 3 Prepare Construction Plans and provide engineering design services suitable for construction of renovations to the Westwood Pump Station #49. The renovations will be done to this station to convert it to a repump station and generally include: 1. Provide for liner in wetwell chamber, lid and upstream manhole. 2. Replace 8" discharge piping to wetwell/manhole and 12" gravity sewer into wetwell. 3. Provide new electric control panel with provisions to plug in portable generator. 4. Provide new duplex raw sewage pumps and controls. 5. Assist FPUA in computer modeling and sizing of pumps. FPUA will confirm electric power characteristics available. C. The project will require the preparation of an FDEP Permit for construction and operation of the 6" and 12" force mains. We will prepare and submit the FDEP application with plans and supporting data to secure the permit to construct the project and provide final certification to FDEP for operation of the force main system. Permits will be required for crossing the FPFWCD Canal at Taylor Dairy Road between St. Lucie Blvd. and Angle Road; the FPFWCD canal at St. Lucie Boulevard and Keen road; and the SFWMD Canal at Taylor Dairy Road north of Angle Road. Our services include making application for these permits. We will prepare and submit the FDEP permit application for the above listed Westwood Pump Station #49 renovations. If additional renovations are required by FDEP, the fee for the required additional services is not included in our fee and will be negotiated. We have not included St. Lucie County right-of-way permit applications in our proposal since these permits are usually obtained by the contractor constructing the project. We will provide construction plans to the contractor for securing these permits at no cost. The permit application fees for the permits outlined in this Paragraph C have not been determined and are not included in our fee for services. We will advance the various permit application fees to expedite the project and provide the necessary documentation to St. Lucie Utilities for reimbursement of these permit application fees. D. For this project, we will provide services including assistance to St. Lucie County and FPUA including construction administration and periodic construction observation. These services will be on an "As Needed" basis to ensure that the project is constructed in reasonable compliance with the Construction Plans and permits. Preparation of as - built plans which may be required is not included in this proposal. If required, a separate Exhibit will be prepared based on the knowledge of names of the contractor and surveying firm supplying the as -built data to us. Exhibit "A" Page 3 of 3 II. Time of Performance We estimate completion of the route survey and preparation of base plans, construction plans and submittal of permit applications as described above within ten (10) weeks after our receipt of a signed Work Authorization. III. Construction Cost Estimate The estimated construction cost for this project is $1,650,000.00. IV. Method and Amount of Compensation The Engineer, Masteller & Moler, Inc. shall be compensated as follows: 1. Scope of Services; Paragraph A, total lump sum fee of $ 20,600.00 2. Scope of Services; Paragraphs B and C, total lump sum fee of $106,900.00 3. Scope of Services; Paragraph D, total lump sum fee of $ 37,000.00 Exhibit "A" File #0569LA (0569LA_ExhibitA 110206.doc) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT ITEM NO. C38 DATE: 11/28/2006 REGULAR( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: Neil Appel, Director SUBJECT: Approval to Piggyback the City of Delray Beach Contract (Bid #2002-37) — Sanitary Sewer Manhole Interior Rehab with Chaz Equipment Co., Inc. BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends Board approval to Piggyback the City of Delray Beach Contract (Bid #2002-37) with Chaz Equipment, and authorization for the Chairman to sign the Continuing Contract prepared by the County Attorney. COMMISSION ACTION: APPROVED () DENIED () OTHER Approved 5-0 County Attorney (X) Coordination/Signatures Mgt. & Budget (X) Originating Dept. () Other( ) Finance: (check for copy, only if applicable) CONCURRENCE: D DERSON COUNTYADMINISTRATOR Purchasing (X) :v_- Other( ) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: November 17, 2006 RE: Approval to Piggyback the City of Delray Beach Contract (Bid #2002-37) — Sanitary Sewer Manhole Interior Rehab with Chaz Equipment Co., Inc. BACKGROUND: Utilities staff is requesting Board approval to piggyback City of Delray Beach's Manhole Interior Rehab Contract with Chaz Equipment Co., Inc. The contract was initiated in 2002, and it has been extended for four one-year terms. The current term is from October 1, 2006 until September 30, 2007. The City of Delray Beach expressed satisfaction with the services provided by Chaz Equipment Co., Inc. RECOMMENDATION: Staff recommends Board approval to Piggyback the City of Delray Beach Contract (Bid #2002-37) with Chaz Equipment, and authorization for the Chairman to sign the Continuing Contract prepared by the County Attorney. Pagel of 2 Maryann Collins - Re: Fwd: Chaz Equipment - Delray Beach Contract From: I Wayne Davis To: Collins, Maryann Date: 11/14/2006 2:17 PM Subject: Re: Fwd: Chaz Equipment - Delray Beach Contract They have two pages of prices page 25 & 26, on these pages we would be looking at item #1, #2, #6, #7, #13, #16, #17, & #18. A total price would vary because this work would be done over different stations and not work would be the same. Likely $10,000 to $15,000. Ft Pierce Utilities uses this same contractor with good success; I'm not sure if they piggyback this same contract. >>> Maryann Collins 11/14/2006 12:09 PM >>> Wayne, What exactly is it you want to use this contract for, have you spoken with the anyone regarding our being able to use the contract and be able to get the prices quoted in 2002? I have looked it over and have a couple of questions, but do not want to start making calls until I know exactly what you are looking for from this contract. Thank you. Maryann Collins, Purchasing Agent St. Lucie County Purchasing Dept. 772-462-1738 - Office 772-462-1704 - Fax >>> J. Wayne Davis 11/14/06 8:07:28 AM >>> Now that the RFP for contract services is almost out of the way, have you had a chance to look any further into the Chaz Equipment contract? Thanks >>> Maryann Collins 9/21/2006 4:29 PM >>> Wayne, I am no expert in contracts, I will have to print it out to see how close the guidelines are to ours ... however, I do note that: (1) It is not a contract, but an agreement (2) The insurance requirements are much lower than ours ... (3) I did not see where it allows other governmental entities to make use of the agreement, so we would have to see if they would be willing to give us the same rates ... if, in fact, they would be willing to up their insurance and the attorney would give the go ahead to use the agreement. file://C:\Documents%20and%20Settings\administrator\Local%20Settings\Temp\GW) 000... 11/14/2006 Page 2 of 2 I will look it over really good tomorrow, but I don't hold out a lot of hope, first, I'm not sure that our attorney will look favorably on an agreement vs an actual contract. I will get back with you tomorrow ... have a good evening! Maryann Collins, Purchasing Agent St. Lucie County Purchasing Dept. 772-462-1738 - Office 772-462-1704 - Fax >>> J. Wayne Davis 9/21/06 3:57:41 PM >>> Maryann, Could you please review this contract and advise if it's possible to piggy back in order to untilize this company. If so how do we proceed? >>> <chazsales@bellsouth.net> 8/15/2006 3:44 PM >>> Wayne Please see the attached contract. Kevin Trost Account Rep Chaz Equipment 561-248-4134 file://C:\Documents%20and%20Settings\administrator\Local%20Settings\Temp\GW } 000... 11 /14/2006 Page 1 of 1 Maryann Collins - RE: Bid #2002-37 - Sanitary Sewer Manhole Interior Rehab From: "Rooney, Jackie" <rooney@ci.delray-beach.fl.us> To: "Maryann Collins" <MARYANN@stlucieco.gov> Date: 11/15/2006 11:07 AM Subject: RE: Bid #2002-37 - Sanitary Sewer Manhole Interior Rehab Their has not been any changes in the pricing schedules. I have a copy of the renewal letter. The expiration date is September 30, 2007. Any other questions, please feel free to call. Have a good day, and a great holiday next week. From: Maryann Collins [mailto:MARYANN@stiucieco.gov] aI.) Sent: Wednesday, November 15, 2006 10:09 AM To: Rooney, Jackie 1, Subject: Bid #2002-37 - Sanitary Sewer Manhole Interior Rehab Jackie, I have a copy of your letter dated July 12, 2006 to Gary Czajkowski, Chaz Equipment Co., Inc., extending the term of the contract to September 30, 2007. We are interested in knowing whether this company is honoring the prices listed in their original bid, or has there been an escalation clause added since this contract originated? Also, Neil Appel, sends his regards. Neil has taken the position of Purchasing Director with the County and asked me to request that you forward him one of your updated business cards. I left a message on your answering service, but would appreciate you give me any info on Chaz in writing. Thank you, in advance, for your kind response and I hope you have a great day. Maryann Collins, Purchasing Agent ' St. Lucie County Purchasing Dept. 772-462-1738 - Office 772-462-1704- Fax file://C:\Documents%20and%20Settings\administrator\Local%20Settings\Temp\GW} 000... 11 /15/2006 ..... . __. OElR11M BENI 07/12/2005 09:38 FAX 5812437166 CITY OF OELRAY BEACH Qj 002/002 , , 00 ,N.W.:f st "ENUE Au' t19,2004:, `:`: I 18. .FAILURE TO BID: :. M you.do :not bid, return "Statement of No. Bid Form' and state reason. Otherwise, YOUR NAME MAY . . '-.BE REMOVED FROM OUR.MAILiNG LIST. '19. EXCEPTIONS TO .CONDITIONS,1 THRU 18..(Boller Plate) . :.Any time Bid Specifications, differ from the General .Conditions, Bid ..Specifications :and Special ProY.isions will prevail. CORPORATE ACKNOWLEDGMENT INSURANCE REQUIREMENTS 14 5612437166 CITY OF DELRAY BEACH CERroquirg m f E%7ENDOR IU.TETm A 1 SM . P08 . 'DEC 21 ' 00 10: 23 =DATE m AS A "Arm OF INFOFWA 170H rNICATE HOIDEA. THIS CERT OKLY AND R . )VERA48 IIFFOFMD BY THE PfluG S N0TAItAME IEND COMPAtV1ES.,AFFORPrNG .c*VgRAPE COLV,A Rl= . GUAD . INSURANCE Co. n CO[4PLETE CAV E I S DRAHCE CO WXL xxG WORMS Assoc, :; C AIdYTOWN, ';JSA 00001 COMPANY D COLIPAWY ; E TO CEAI7FY THAT POLL IES tlFPtStfRANCE i tSTFD MOW HAVE BEEN =uEb70 T►IE acSURED HAuED ABOVE FOR THE P0l1CY PEAl001NDICA?i0. NOTWtI)t3TAND11iA ANY REOt7e 1EA�ENT TFs+Ae OR COHOrMN Or ANY CONTRACT OR OTKEA DOCUM9N T WFICCAA y.:: wffH RESPE T � OH«m JW ISSUED OR MAY P>:RTAlH, Il IHSIIR/1tICF AFFpHDED. 8Y 7riE >'pUCIES OE OA19ED N£Rf6IN t5 Sur3uFCT, YO Att 7nE EX i' ,. YPE OF CrnE �.Tp 77604.:..: ''• ::.:.'; ::':..:' ` : S-0I-90.. :; 3-�01-91..: Goo :. $' ''.:..:.:: $ oA.Hcc .. moo. cc�mwcc ;;3QQ ,: S .;30.0. :;:.. . L90AO.::FCMW PAOPptn.oAuw� ; '�: ::lµlTOi�tp01LE LIABi{,i(Y • ;.• : , ..:�:: .... ...�,..- ' � :..'- ft�f ::.:;� � ..° : '. �. •:..: 3-flI�90 ui':o mautoslam+!:?AUl :. ' Imtt?::'''r •i LL ........ :("pi...::: 'offlo.AUIOS B ,•7: excll" s. .o a :�� . uu �awu YSIBN �YOAKERS CLt�0776t?6 ; ; 3-01-90 3--DI-91 �. '.•�:»Y . ; S: jasFAse�aCY Lung .` .. : L� .• S.... � �06FASE�fJ�CHFMPl4YfF1 o9c>noet of oPF.�uTKxis+wcA... '. "::Gance IS::]tNsuRANcF APL][6LE:Tti.`.:(sr:aee...pzoject) :as ,below.:.''..:sass. out :indicated.roxd3ug':' ' :.: *crrx. ;oF; nraad� °BVAc:s- enDwNSY, xxsaam . ::........ ; �.. a� 'so 'a« Z. ..:.....::........:::.:...............:.. Mt Lei ............ Arll,roFi►souea .. ..- DE CIl�10ELLEn lEFOf4E THE E74 ..'C l]F 11�Y.�Atr t�nar•n . --� 4'!+,(.�. Cf•: •: i is �1;: i.:.., � t •.: � t'�iC' t;RtACORD CORPORATION 4584: DRUG FREE WORKPLACE CERTIFICATION If:ide.ntical tie bids exist, preference will be given to the vendors who submit a certification.with their :..: bid/proppsaI certifying they have a drug -free workplace in accordance with Section 287.007, `Florida tatutes.. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace. programs. Whenever two or more bids which are equal with respect to price, quality, and service are. received ..the.:State of by any.: political. subdivision for the procurement. commodities .or contractual services, a .bid received from a business that certifies that it has implemented a .drug�free workplace --program shall be given preference In the award process. Established procedures for processing be bidsiill be followed if none of the tied vendors have a drug -free workplace.program. As,,the.person.:author'ized to sign. this. statement, I.certify that this, .firm complies. fully with ,the following requirements:. fY :g p ..Y ::. ; ;This:: firm publishes .a atatement. noti in em .lo ees.:that ; ithe: unlawful,':manufacture ::.::: , .. :. distribution dis ,.rising, `possession, ,or use...ofi.::a con#rofied substance :is prohiblted.arl.;he :...::, distribution, Pe.....:„ orkplace. and..specifying the. actions: -that - Il .be taken against employees for riiotations of prohibition.. .:. • . . a 2 This ..firm informs.:;employees ..about the :dangers .:of .drug abuse. .,the . wortplace, :.the . s ) r :bustness`.s . policy.: of maintaining adrug-free workplace, any: �: available drug ;;counseling, ;rehabilitation and :employe�e.assistance :programs,. and the penalties .that mar tis iriiposed .. :....:. upon. , employees .far drug abuse violaiior�s. : 3 ;:. • ::This frm gives. ach employee engaged.in.proutding the .comm�odities or contractual set�n. that are, under bid. a copy :of the .statement.specified in subsection, h :.tn 'the :statement spec,�fed. in ,subsedion.:(1_), .this::.firm, notifies.the..�:empioyeesd.�:t 'der -':bid .; 4) .. . .condition of..working on :the commodfies ..or contractual. services .that are , un er ..id, ....e. :.: :.:employee will .abide,.:oy .the .terms .of. the. statement and wnli sbide.::by the terms:':.of ::fie atatamentarid will.:.notify.;the.:employer... of ;:any co nviction::pfa:;.or plea;;of gullty,pr nota:. re :to ':an . violation. of :chap#er 8b3. or:of:any.*!onti oiled: substance law. of.:'the.aJriited Y. . ..States orany state; for a violation occumng in the workplace no. later than fnie (5) days after ::. such conviction. ; a sanctio on or re wires the satisfactory: participation..in. a..°drug:`abuse.:..; This , f rm.:imposes. n . q assistance or rehabilitation program if such is available in the,err►ployee.$ community, .: employee who :Is so convicted. .' 6) This firm will continue to make a good faith effort to maintain . drug -free workplace through implementation of this section. r� r : `.:Contractor's Name Signatur 16 ` E. .Active hydrostatic leaks (infiltration) shall be stopped using the rapid -setting specially formulated .,infiltration control mix :. 'P... Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid -setting grouting mixes specially formulated for control of very active infiltration. Clean and prepare exposed reinforcement steel, and apply and cure bonding compound, in accordance, with the product manufacturer's instructions and recommendations. H.. Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance with the product manufacturer's instructions and recommendations. L :. A'op s,of manholes that are found to be structurally damaged and in need of repair.beyond the scope of this':specification shall be brought to the attention of the Engineer. A suitable repair method shall : be developed for each area and submitted to the Engineer for review.prior to commencing the repair. J, :. Prepare, :clean and repair manhole benches and.inverts in the same manner as prescribed above. 3.02; LINER.APPLICATION, CURING AND TESTING .. ; A.: Prepare manhole surfaces, wet batch -mix liner , material, tow pressure : spray apply liner mix to :.:. manhole cp! !ng, wail and bench. surfaces and :allow liner to :cure in :accordance withthe product : manufacturer's:instructions and recommendations. ...'......:B...Liner.application .shall be 0.5 inch minimum -thickness. The :application shall .be .,completed .with : a minimum of;two coats. The.,first coat shall be.applied .at a.thickness.adequate to cover the substrate -. • . and be aowied to :compact. the material into voids and set the bond. The: second coat shall be .:. _ applied to ensure cdmplete coverage at the specified 0.5 inch minimum thickness. C.. Inverts shall be lined with patching mix, trawl applied in one coat to a:0.5.inch:minimum thickness. �, Pre are label and submit recommended daily or per lot test specimens for testing. .:...p... 3;03,.:':CLEANING .. Clean manhole: interiors and remove all construction -related materials, equipment and appliances. _.. from, he manholes prior to reinstatement of the manholes to service. .. PART 4 :'MEASUREMENTAND .. .................. PAYMENT - -: 4.01' °..MANHOLE INTERIOR LINING .Measurement: Measurement basis for payment for manhole interior lining shall be vertical feet of manhole. Interior...' . •:.: ;; surface. liried at 0.5 inch minimum thickness. Payment: Payment for manhole interior lining shall be the number of vertical feet of manhole interior surface lined times the unit price bid per vertical foot of manhole interior lining. C. :incidentals: : 411 Manhole preparation, liner application, curing and cleaning shall be considered incidental to the unit price bid per vertical foot of manhole interior lining. 19' 'Part N• Contract Information/Reauirements: ;:MINIMUM QUALIFICATIONS AND INSTAI_II.ER REQUIREMENTS S7h0lnstoller shall have been engaged. in the installation of Manhole and Lift Station System Rehabilitation :. ':CQiitrecting Services for a minimum of Seven (7) Years and have rehabilitated .a minimum of Four Thousand :14000) .sanitary sewer manholes and 50 lift stations, in the State.of'Florida, .utilizing a system .that offers pure fused;Calcium Aluminate. ;The.. selected contractor will be responsible for knowledge of,and compliance. with all .relative ;local, state, and :federal.�codes and regulations. ' Theinstaller.must include in the bid .a list of.Twenty five (25) references, for. which manhole, lift station, or:wet ::vvell rehabilitation contracting services have,been provided within the. last Seven (7) years. At least Ten (1.0) of these references must be current, having had: installations within, the; previous. Three (3) years. A.contact `person and telephone number must bepro vided for:each. ::;'For:ail.:work performed :under this .contract, :the.:successfui.:Contractor shall ::provide.,a.competent,job-site u rvisor.and.an necessary assistants, all:approved,by The.Waste Waterbepartmerit of.Delray Beach.:The :.::..: : s..pe.:.:::........... y . ab.=site. supervisor shall .be. present at ail Almes ;�...iile :work is _ in. prp�ress :The.. job -site ,supervisor shall represent the :Contractor at.;all times vrhile ail directions groen'Mm shall be.:bindmg.as.'per the oontrapt documenta.:':The job -site superviscrshall,have a Tininimum.of:Seven.(7)years experience in .the: rehabilitation of Sanitary Sewer,:Manholes;:Lift Stations, :and'Wet Wells �tilizing.a product that consists.:of a pure fused.:: Aluminsite Gementitious,Liner.:: .: ,' ` :' ` :: :: ::: ':. ••: :::..: ;'•:..:: ::. : :.::. ::.. ...: Calcium. Th is.Contract will commence. cq the date of:award and be In. ffect for one (1) year.. . NTRACTRENEWAL _ .. The:Ci :retains the right to:renew.:this.contractwith. the:consent:::of the vendor;under;the sameterms::and., ty...a conditions.for:four:(4) additional one:(1).year periods, renewableannually _Any :price adjustments requested by `' ctor.will 'be based .pn:the con.Sumer-price-index'{CPI).arid. amendment.%;the :agreement to. be the;:Contra, processed and ,approved by.the City Commission.:.: n the anniversa date .Qfahe:Agreement and based On.... l •ce at the time of the renewal.may:be :adjusted..o... :N Al :pn.:..: $... the. annual :chap a to the Consumer;.Priee: lndex=Southern :States.:for the.::immedlate::twelve-month .period g. preceding :ihe.renewal of::the :�4greement, .:The value this annual adjustment will .:be determined by the ch , Ow :...::.'H.-the City determines .to .renew this.Agreement, h shall prov!de thq :Contractor written notice o su...........:.....:: ner ::;.:renewal thirty(30) days Period to. the termination of.the.contraCt terra, #hen in effect TERMINATION er.satisfacto ..to the.City as.per:::,..... 6h 'ld a on be found to have failed. to.perform his seryices.ln.a mann.. , ., ry.. ,.. . ou....#h:.... Sp%ecifications, the City, may.:*.erminate this..Agredment:immediately.:for cause;;furtheE, the;Gity.,_:.:; ; .:...:.......: ..:..... :. ::•:.•. to rnay_:. , rminate. this Agreement for.convenience.with a thir.ty.(30), day written notice.. The .City.shail be sole u go: ofnon-performance. _ ' ,METHOD OF AWARD ' ; .:The benerai criteria that will be used for the evaluation of this bid . is .set forth in the general bidding requirements along with the responses as stated on the bid.proposel.pages. Award of this.bid shall be.made.to :the. most .qualified, responsible bidder .to, whom the City.(on basls of .City's evaluation as hereinafter provided) : rnafces.an award that is the most advantageous:to.the City. The City'.s evaluation of the bid shall take into carisideration the cost (total, unit•price, or combination of both), City.prior experience with bidder, demonstrated .: .:;expertise of bidder, references of bidder, qualifications of bidder, and ability of bidder to complete the project in ; :`a timely manner. 21 ' PART V -MEASUREMENT AND PAYMENT ::SCOPE.; A .Payments to the Contractor shall be made on the basis of unit prices in the Proposal Bid Form as full and :complete payment for furnishing all materials, labor, tools and equipment, and for performing all ;:`.:• : ::operations necessary to complete. the rehabilitation work of sewer manholes, lift stations, and wet wells :. by various trenchless methods as authorized by the City. The City will establish an annual renewable contract for these services with the successful bidders as described in the Bid Specifications pages 17 through 24. The .unit. prices stated in the Proposal Bid Form include all costs and expenses for taxes, labor, ::equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, `:labor for handling materials during inspection, together with any and all other costs and expenses for -.:performing and completing the work .as shown on the details and specified herein. The Basis .of : ' ;Payment for .an item at ,the. price shown In the .Proposal. Bid Form shall be in accordance with its description of.the item in this.$ect(on.and as related.to.the work specified. Unit prices will be applied to the actual quantities furnished and installed .in conformance with the Contract Documents. �: ` r;t various. items of :work :are 13.. The Contractors attention js called fact;that the quotations fo ...he....... intended to establish a total puce for completing he work in its entirety., Should .the Contractor feel that. the co t for any item of .work has not been established. in the:Proposal Bid Form or.this,Section, the cost for that work, shall be included.in some other applicable.Bid.item. so that the Proposal for the ::': project reflects the total price for completing the work (n its entirety? No separate.:payment �vi�l be made .for thefollow work if required and .its cost shall be included -in appropriate payment items: •.::Applications ..and pulling :of all utility and construction permits; . : Dewaterin and, disposal of surplus water, . o :S.tructural.repairs; .` Testing materials.and apparatus; • ,Maintenance of utility service; Appurtenant work;:; Inspection `Photo Records ,.. Maintenance,,of Traffc... .The following paragraphs will clarify the work included for the items listed in the Proposal Bid Form. . .MEASUREMENT The :quantifies ..for.::payment :under this .Contract for each Work Order authorized .shall be. full :;.`compensation determined.by actual, measurement of the completed items, in place, ready for service and accepted by the..Cityunless otherwise specified. The City will witness all field measurements. When depths are indicated in the bid items, they shall be measured vertically from the existing grade, ..:paved or unpaved, to :the pipe invert. :: It is. intended that all work required to complete this Work will be included in the various bid items as % :described in the following paragraphs. 1. ADD MOBILIZATION/DEMOBILIZATION The mobilization/demobilization cost is applied if a work order has less than 10 sewer .: manholes or less than 750 square feet (SF) of wall to be rehabilitated for the work order, this. ' . cost item shall be included for payment to the Contractor for the additional 22 mobilization/demobilization costs which becomes significant with the smaller project work ..:: orders of less than 10 sewer manholes or less than 750 square feet (SF) of wall to be rehabilitated. 2..:CEMENTITIO,US LINING MANHOLE, BRICK, OR PRECAST REHABILITATION. This:item of work will be measured and paid for at the unit price per vertical foot of 487inch or inch diameter of manhole wall named in the Proposal Bid Form. Measurement.wi11 be rriade:.from the bench, at its highest point, to the upper limit of actually 'treated. wall, cone .or .:.chimney. Payment of the unit price per vertical foot will provide. :complete:compe.nsation'.for cleaning of he wall by both pressurized water and sand or soda blasting; 'Wlef. ' thydrosiatic :• :. pressure outside the manhole, if necessary; injecting chemical grout to stop.actiye leaks .into the :manhole, if necessary; furnishing and supplying of all materials or combination of materials making . up :the patching and coating (waterproofing) and applying .or :installing them; . :manufacturer's representative's presence or assistance, if required; isolation of the manhole by plugging entering lines; testing; safety equipment; and all incidentals necessary,to,obtain a watefight, sealed manhole wall and bench, complete in place. Payment for bypass pumping, if required (other than because -of .damage. caused by . •- ' Contracto[); will be paid for under a separate item. :CEMENTITIOUS't,LNING OF..LtFT STATION/WET WELL SURFACES,:: This item of:;work will be measured and paid at..the unit.price.:per square foot .of 'wall in a Gift .::.. station oryyel we,IL.Measuremen.t will be.made.o the actual surface area repaired,. Payment tiie .unit price per square foot will provide compensation for cleaning of the wall by pressurized ;water and sand or soda media blasting methods; relief of hydrosta is::pressure outside the structure if necessary; injecting . chemical grout to stop active infiltration, . if :.... ..: necessary, `cleaning; surface preparation as specified herein; fumrshing and supplying of all :. materials or.combination of materials, including liner manufacturer's representatives:presence . '•:`..::..`:. :.` . or assistance, cif ;required; isolation of the lift station or wet well by plugging entering lines; ::testing; ::safety. equipment for personnel; labor, tools and equipment, :and ?all ;incidentals :.• ....... necessary to;obtain a watertight, sealed wall and bench co mplete.in place 7. Yd.by the :..:::: ° •:: :: ': ass Pa merit for:b wired (other than because of damage:cause ...:................ yP .. . pumping, in P 9, if required Contractor); will be paid for under a separate item. 3. ..:BYPASS PUMPING OF SEWERS PASS,PUMP AND PIPING SETUP These ay items.provide complete compensation for bypass pumping operations..requlred...' foc sewe r: manhole, lift station and wet well rehabilitation.. The Contractor:shall,.attempt to perform:the rehabilitation sewer work without bypass pumping. However, `if in.the:opinion e City bypass:pumping is necessary,,it will be identified .as:a.:payment item.:.The pay dtem.ls 6 one-time charge for all bypass pumping setup operations during a`given lining ::.. installation, including services, regardless of the number of, pumps . required..- Bypass77 pumping shall be bid on the basis of sewer size which is bypassed These. items shall include, but are not limited to: all necessary.and. required traffic. control; pumps; piping; gasoline/diesel fuel; maintenance; transportation . and storage, aemporary bypass and .service piping; labor; materials and/or any other costs associated with bypass pumping. Plugging or blocking a sewer line shall be included in the appropriate. bid item .for which the ow -must be stopped, this is considered incidental work and no additional payment. shall :be considered. b. ;BYPASS PUMP These items shall be paid for on a per day basis for operation of the bypass pumps. f size of the um used. These Bypass pump operation shall be bid on the basis o the pump items shall include fuel operating costs. 23 24 MANHOLEILIFC STATION REHABILITATION 3 BY CEMENTITIOUS,LINING SCHEDULE.OV-PRICING. BID FORM ?.) .. Mobilization/Demobilization `Mobilization/Demobilization if less than �� CD ::10:manholes or less than 750 SF. per jab work order :. �co c�f"c)�T each . ;Cemen6tious lining of 8rick.Manhole.- 48" Diameter. ::_ .per vertical foot, Cementitious lining of Pre -cast Manhole - 48". Pjame#er...: :.: :. per vertical foot ca �ementitious.ling of Brick Manhole- 60" Diameter .. : '.. ��:.: �� :. ... Per.yeitical foot .:.•;;.• :... �....... '. . e oCementitousliningfPre-csMmeter. h o rve.. foot. ot� .:;•. :..;. Lft Station Surface Rehabilitat�'on+ . �..� et, ................ ew `r::i3 -P ss . e ,Y . B.-Pass.pum .Setu .with 8 Pam P P . YP�� : ,Pin9 rtSetu YP. ss Sewe. `:eah: 2 er Setu �0 t :8 � ass 1 01 Sew e. .P . ,j. � :eaoh '�•s�'15 �8.:Sewer 1 Setup ��@ ach . . ' 24 . Sewer S etu as P. ..Ypa. . eac v er' 'a ;e. B ss 4 Pum YRa,. d P:.......Y. ,...: ;P ... . :.f...:... •ass 6. Pum f �. dC7 , ` B ass 8 . Pum , e Y ss. 0 ypa1 Pump D:. b er.d.. R. ������� ��• • �� , �:..) : � :�'::�'Acfjust Existing Manhole Casting within Asphalt Paveme .. . ea � Must I sting Manhole Casting within Green Area. iX�. :ea h 10.' New Ring and Cover Furnish e v 'CD . D •:eaC. h Flow Cha nel e=Construct Manhole Bench andio ... n n.. ..::;:furnish.and.Instaii:Manhote.Chimney . Seal � �. �. � ::: ,. .: ;6D :.ram e ch . a:.,....:.� :::..�.. •:.; ::::::.`..�.�:.:: `13. ; R,, ins9 tall Existin Pump base 4": ;each : . 6" each each 25 14.) Furnish and Install 6" PVC Interior Drop 2' to 4'D ' each 4' :to 6'_ C each 6' to v each VD . � ..� �15.) � :: � �Fumish• and install.8" PVC )ntetior Arop• ..:. � • • .' •2' to 4' each ..�. 4'to.6' f7' each v .t4 8' I each 76,) .:::.Re-constnuct.Llft Station:Fillet :. V -Diameter . each B' Diameter . of each :. : • •' ' .1D'.Diameter • �t� ` each :. 17 i tin :Removal.of stir! Cpa :Fx g. g. •• r. s ua foot . .Pe Q to . .. Ftemoye and Replapitxisting Piping..and_ ..: :..:.. ........... aloes within Facishn Submersible Uft �;;�•:. >Station #hrough. Exist!ng_'Valve.Vault.::�:::, :;.::':,:;;.�.:.... ,'...::.:::' .:'::';,.:;:: each. �8 .. ch . .............................. . . ...................................................................................... �. -STATIEMENT OF -NQ ;BID. ,Bid 42002-37 Sanitary Sewer Manhole interior Rehabilitation, . Aremot biddlugon W4.59M.P.. gom�pqoity' PIP. City y,. eaph, FL 33444 or fax to (561) 143-7166. F .#Ilure .. t. -:. %.'. % - � *- - - - 1 .':from-. .. - ... ... . .:.:. -.. .. .. . y .toyespond wgyrg$�ijt in vendor!s name -the qu ifiedbj4Oer!p.J0t.-fc -..tbp.Ap# 28 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESE SUBMITTED BY (DEPT): ADMINISTRATION L SUBJECT: Midway Road Improvement BACKGROUND: See attached memorandum ITEM NO. C4 A DATE: November 28, 2006 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) m nistrator •95 to SR 70 FUNDS AVAILABLE: Special Assessment District PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Chairman sign the letter to the Mayor of Port St. Lucie outlining the terms and conditions for an Interlocal Agreement. COMMISSION ACTION: KAPPROVED O DENIED O OTHER: Approved 5-0 Review and Approvals ❑ County Attorney: ❑ Management and Budget: ❑ Originating Dept: ❑ Other: ❑ Finance: Check for copy only, if applicable: RRENCE: derson Administrator ❑ Purchasing: ❑ Other: Anyone with a disability requiring accommodations to attend this meeting should contact the St Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. DATE: November 14, 2006 RE: Widening of Midway Road - Interlocal Agreement with City of Port St. Lucie On February 14, 2006 the Board approved continued discussions between Culpepper Terpening and the City of Port St. Lucie regarding the widening of Midway Road from 1-95 to SR 70. Attached is a report prepared by Butch Terpening summarizing our meeting of September 8tt' This summary outlines the General Conditions and Design of the project. Also attached is a September 18th letter from Butch Terpening providing additional information regarding this project. I am planning on presenting an agenda item for your consideration at the November 28tn Board of County Commissioners' Meeting authorizing the Chairman to send the attached draft letter to the Mayor of Port St. Lucie outlining the conditions to be included in an Interlocal Agreement. Once the City accepts our Chair's letter, an Interlocal Agreement will be brought back to you and the City for consideration. DMA/ab 06-111 c: Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Don West, Public Works Director Dan McIntyre, County Attorney Attachments November 28, 2006 Pat Christensen, Mayor City of Port St. Lucie, City Hall 121 SW Port St. Lucie Boulevard Port St. Lucie, FL., 34984-5099 RE: Midway Road Improvement Project / Interlocal Agreement Dear Mayor Christensen: Outlined below are the County's proposed Terms and Conditions for an Interlocal Agreement between the County and the City whereby the City will be responsible for the construction of Midway Road from 1-95 to SR 70: • The City will build the road and the engineer of record will certify road construction to the County. The improvements to Midway Road will be built to County standards, which are FDOT road standards. • The City will establish a Midway Road Special Assessment District with the adjacent property owners, and the City will borrow the necessary funding (estimated $50,000,000) to construct this project. • It is estimated that the commencement of construction would begin in 24-30 months. • The County will be responsible to work with Florida Power and Light to request Florida Power and Light to locate the power lines under ground so as not to interrupt emergency services to the roadway system. • A typical section would consist of 6 lanes to Arterial "A" and 4 lanes from Arterial "A" westward to SR 70. • The section would include a 4-lane section with allowances going to 6 lanes in the future, should it be warrante • ane-resistant landscape median is desirable (2) 4-foot paved bike lanes and a 10-foot. all service trail at the backside of the right-of-way to ® allow for safe recovery areas. • Conduits shall be placed along the entire length of the roadway for 9-1-1 communications/fiber optics. • 20 foot Shoulders shall be designed for both sides of the roadway and may ultimately be reduced if the 6 lanes with curb and gutter section would occur in the future. Page 2 November 28, 2006 Midway Road Improvement Project • It is imperative that communications be directed to a specific party and it is necessary to have a specific person at the County to be responsible as a project manager. • County inspections will be concurrent with the City's during the construction period. • All County and City staff will be paid for expenses upon issuance of the Bonds. • The Provences Community Development District would enter into an Interlocal Agreement between the City and County which would allow them to participate in the funding of the Midway Road Project. The County looks forward to working with the City on the successful construction and completion of the proposed Midway Road improvement project. Sincerely, Chris Craft, Chairman Board of County Commissioners District 5 DC/ab06-156 c: Board of County Commissioners Douglas M. Anderson, County Administrator Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan McIntyre, County Attorney Don West, Public Works Director AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. DATE: February 14, 2006 REGULAR: (X) PUBLIC HEARING:( ) CONSENT: ( ) PRESENTED 5Y: SUBMITTED BY (DEPT): ADMINISTRATION Douglas . nder on Count Ad inistrator SUBJECT: West Midway Road Improvement District BACKGROUND: See attached memorandum FUNDS AVAILABLE: NIA PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that County staff continue discussions with the City of Port St. Lucie, Culpepper and Terpening, and adjacent property owners to explore forming a Special Assessment District for West Midway Road improvements from 1-95 to State Road 70. COMMISSION ACTION: D APPROVED D DENIED D OTHER: CONCURRENCE: Douglas Anderson County Administrator Review and Approvals ❑ County Attorney: ❑ Management and Budget: ❑ Purchasing: ❑ Originating Dept: ID Other: ❑ Other: ❑ Finance: Check for copy only, if applicable: Anvone with a disability reouinno accommodations to attend tnis meeting snouic contact the S . Lucie Counry Community Services Manage, a' 772-46_7-17 ; 7 o� C <-46� 942c at ieast 48 nours (48i onor ro the meerinc. DATE: January 31, 2006 RE: West Midway Road Improvement District BACKGROUND Please find attached an October 27" letter from Butch Terpening discussing the proposed West Midway Road improvement District. in this letter, Mr. Terpening formally requests the formation of a Special Assessment District (SAD) for the construction of West Midway Road improvements from 1-95 to State Road 70 in a phase project. in his letter, Mr. Terpening outlines some of the key elements of the project. At the February 14th Board Meeting, Mr. Terpening will be presenting a PowerPoint on these proposed improvements. RECOMMENDATION Staff recommends that County staff continue discussions with the City of Port St. Lucie. Culpepper and Terpening, and adjacent property owners to explore forming a Special Assessment District for West Midway Road improvements from 1-95 to State Road 70. DMA/ab 06-15 c: Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan McIntyre. County Attorney Don West, Public Works Director BOARD OF COUNTY COMMISSIONERS October 31. 2005 IID R D1 ;r Mr. Buich Terpening Culpepper Terpening, Inc. 2980 South'25th Street Fort Pierce, FL., 34981 Dear Butch: COUNTY ADMINISTRATOR DOUu_A` N�.. ANDEERS_�N I am in receipt of ��our letter of October ? : ?005 that discusses theproposec West Midway- Road Improvement District. We will notify you when this reauest is placed on the Board of Count- Commissioners agenda for formal action . If you have any questions in the meantime. please contact rne. Sincerer-. , Dougias'Nl. Anderson Countt�- AqLministrator U DMA rns D -1_- C: Board of County Commissioners Rai' Wazn`, Assistant Counr,,, Acministrato; rave Uutiay.. Assistant Count', Acministratc- Do:: Wes' . Pubii Works Directo- Dan Nicinr«t. Counr%- Attorney.° a U_ n lq- I L C�- CULPEPPER & TERPENING, INC. October 2 200f VIA: Fax 462-I648 Originai via U.S. Mail Mr, Doug Anderson St, Lucie Count\ 2300 Virginia Avenue Fort Pierce. FL 34982 RE: West Midwav Road Improvement District Dear Mr. Anderson: Consulting Engineers - Land Surveyors 298c South 25th Siree', F1_ Pierce. FL 3498" (772) 464-3537 Fax (772) 464-9497 www.ci-eng.com Sender's Emaii ni mer,in2(bvci-ene.con-. Job #04-146 As you are aware, we represent several proper owners along the West Midwa-, Road corridor. As stated in Renco:s settlement agreemem. and based on our previous meeting and follow up discussions with you and your star. we are pleased to formally reaUst, on behalf of our client. the COunN`s concurrence with formation of a Special Assessment District Ithe "SAD"1. The SAD. if approved by both Si. Lucie. County and the City of Port St. Lucie. will be for the construction of the West Midwav Road improvements from 1-9� to State Road 70. approximateiy 4.25 miles. in a phased proiect. Based on meetings with vou. Mr. Cooper. and the stakeholders of the proiect, some of the key elements are as follows J ? improvements tc West Midway Road would bt constructed to all current roadway standards. improvements would be a w- or 6-lane facility° (to be aetermineal. The improvements would include all streetscape improvements. includim_ landscaping. lighting. pedestrian ways. oicvcie baths. etc. 4 ! The proiect. as brobosed. would be constructed by the Deveiopers and funded via a SAD Cmi, properties that volunteer will be assessed in the Benefit District. The proiect would not be considered an improvement proiect to either the Cin, or the Counr`, for purposes of the gas tax allocation. 8 Both the Counn!' s and the Ciro s cost in administering the District.. and cuction of the proie onstrct. would be borne the District. 9 The SAD would be established and be managed by the City of Port St. Lucie. including the formation. if this meets with -your approvai. we asi: the Item be piaced on the Board of Courin c-ommissioners agenda for this formals action. Vv.- look forward to vour favorable action and our presentation to the Board. Should you nave any questions of concerns, please contact our office. Sincerel` . CULPEPPER & TERPENING, INC. James P, `Butcl " -Ierpenine. P.r llresidem, iJnciosure: _ 1", o i.uc;- ., p, v V V i V, J V V V L I I C I �X L n I -. r. i I I. TO: FROM DATE: JID& CULPEPPER a TERPENING, INC. MEMORANDUM Project File James P. "Butch" Terpening; P September 18, 2006 04-146 RE: Midway Road SAD Televised 9/18/06, 4 PM Consulting Engineers + Land Surveyors 2980 SDuth 25th Street + Ft. Pierce, FL 34981 (772) 4643537 • Fax (M7 464-9497 www.ei-eng.com Sender's Emailbm=ningy-0ngtom A meeting was held at our office on Friday.. September 8. 2006, with the following present. Doug Anderson Don Cooper Butch Ierpening. PE St. Lucie County, City of Port St. Lucie Culpepper & Terpening The purpose of the meeting was to review the status of the proposed Midway Road Special Assessment: District (SAID) and to identify the upcoming work efforts. 1. Butch Terpening presented a map delineating property stakeholders and letters from the stakeholders ?. it was estimated that commencement of construction would be in approximately 24 months. 3. Lt is imperative that the evacuation route that all parties desire to have the power lines located under ground so as not to 'interrupt emergency services to the roadway system_ 4. A typical section would consist of six lanes to Arterial "A" and four lanes from Arterial "A" westward. to Okeechobee Road (S.R. 70). f. The section would include a four -lane section with allowances going for six lanes in the future; should it be warranted. d. Hurricane -resistant landscape median is desirable, along with 8-foot payed bike paths and a I0-foot all servicee, trail at the back side of the right-of-way to allow for safe recovery areas. 7. Conduits for 911 communications. 8. Twentv400t shoulders should also be designed. and may ultimately be reduced if the six iane, with curb and gutter section would occur in the future. P,1k'ruL;.u�:41U4-;46 Mdwav SAD, V0I1 Z0TJN-W Mlnute34-6-0e-REYISEU96t l.�j.- r/, 7 UL' 9, Mr, Cooper stated that since the City provided the CB&A and was directly responsible for the cost, the Interlocal Agreement should outline the review period by the County for design at 45 days and a 10-day I -AI request during the construction period to ensure the construction activities are not delayed. 10, It. is imperative that communications be directed to a central part}, and it is desirable to have a specific person at the County to be responsible for the project as a Project Manager. 11, The County inspections would be concurrent with the City's during the construction period. lam. All County and City staff should be paid for expenses upon issuance of the bonds. 13. Two interlocals would be necessary; one with St. Lucie County and the City and another for The Provence proposed CDD and the City. 14. It was discussed that. The Provences CDD would be participating their shares to the City, and since The Provences CDD is in the County, this mechanism would not require the City to lew assessments in the County. 15, It is estimated the cost of utilities and roadways is approximately $50 million. 16. Mr. Anderson stated he would take the Letter of Intent (LOI) to his Board for their consideration and transmit to the City for the second meeting in October. 17. C&T will send Mr. Anderson a letter submitting supporting documentation from stakeholders and other community interests, including a project timeline. 18. After the County's authorization, Mr. Cooper will take the LOI to Croy Council, hopefttlly atthe last meeting in October. 19. C&T will prepare a Power point presentation for both the County and City meetings. XTV4, ce; Doug Anderson, St Lucie County Administrator Don Coops, OTY Manager, City of fort St. Lucie P:�kmj- N)04.3 ,MWWA,$Ab- M-W v.d-U6. REVISES'.dx CU LPEPPER & TERPENING, INC. September 18, 2006 VIA: HAND DELIVER Mr. Doug Anderson County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: Midway Road Special Assessment District Dear Mr. Anderson: Consulting Engineers • Land Surveyors 2980 South 25th Street Ft. Pierce, FL 34981 (772) 464-3537 Fax (772) 464-9497 www.cl-eng.com Sender's Email: bteruening(i_&t-eng.com Job 04-146 As a follow up to our meeting regarding the proposed Midway Road Special Assessment District (SAD) on Friday, September 8, 2006, I'd like to take this opportunity to transmit the following information for your presentation to the County Commissioners for their consideration of the execution of the proposed Interlocal Agreement. The information enclosed is as follows: A project map of those volunteered properties requesting the SAD delineated. Copies of the letters from the stakeholders within the SAD requesting that the SAD be formed by the City. Copies of supporting letters from a. Ken Mascara, St. Lucie County Sheriff b. Jav Sizemore, St. Lucie County Fire Chief c. Marry Sanders, St. Lucie County School Board Superintendent We appreciate your efforts in bringing this forward to the first available meeting in October for the Board's consideration. In anticipation of that, our office will be preparing a brief Power Point presentation to better inform the Commissioners of the scope of the project and participants in those work activities completed to date, including the timeline itself. We thank you for your assistance in moving this project forward. Should you have any questions or need additional information, please feel free to contact our office. Sincerely CULPEPPER & TERPENING, INC. James ," "B tch" Terpening, P.E. Presiddnt JPT:p,A Enclosure cc: Don Cooper. City Manager. City of Port St. Lucie P lProi-2004,04-14n Mul-IN SAD - henco,corr04-146 SLC CIL_. Anderson, proposed SAD.doc MIDWAY DEVELOPMENT, INC. Palm Beach Gardens Office 105 Isle Verde Way Palm Beach Gardens, FL 33418 Phone: (561) 624-7404 Fax: (561) 624-7405 www.gokenco.com August 31, 2006 Mr. Donald Cooper, City Manager City of Port St. Lucie c/o Culpepper & Terpening, Inc. 2980 South 25th Street Ft. Pierce, FL 34981 RE: Midway Road Special Assessment District Dear Mr. Cooper: This letter is written as a follow up to our previous letter regarding our request for the City's consideration of a Special Assessment District (SAD) for the construction of the Midway Road corridor and other associated public infrastructure improvements. As property owners (+/- 450 acres), we understand that if the City elects to move forward with the creation of the SAD, our property, and future owners of the property, will be assessed for the benefit received from these improvements. Accordingly, if the City moves forward and the property owners elect for this voluntary assessment, it is acknowledged that our property will be assessed for the specific benefit derived from the improvements. Additionally, other properties abutting the boundaries of the SAD District may have benefit of any additional capacity and this would be assessed as general benefit. We thank you and the City for the consideration of this Special Assessment District. Si ncep6ly, Dean J. Bdrg, Senior Vice Pres t ; Midway Development, Inc. MIDWAY 100 EAST, INC. Palm Beach Gardens Office 105 Isle Verde Way Palm Beach Gardens, FL 33418 Phone: (561) 624-7404 Fax: (561) 624-7405 www.gokenco.com August 31, 2006 Mr. Donald Cooper, City Manager City of Port St. Lucie c/o Culpepper & Terpening, Inc. 2980 South 25th Street Ft. Pierce, FL 34981 RE: Midway Road Special Assessment District Dear Mr. Cooper: This letter is written as a follow up to our previous letter regarding our request for the City`s consideration of a Special Assessment District (SAD) for the construction of the Midway Road corridor and other associated public infrastructure improvements. As property owners (+/- 100 acres), we understand that if the City elects to move forward with the creation of the SAD, our property, and future owners of the property, will be assessed for the benefit received from these improvements. Accordingly, if the City moves forward and the property owners elect for this voluntary assessment, it is acknowledged that our property will be assessed for the specific benefit derived from the improvements. Additionally, other properties abutting the boundaries of the SAD District may have benefit of any additional capacity and this would be assessed as general benefit. We thank you and the City for the consideration of this Special Assessment District. Sin Dean 1. Barg, Senior Vice Pr, ident Midway 100 East, Inc. KENCO COMMUNITIES AT PORT ST. LUCIE Palm Beach Gardens Office 105 Isle Verde Way Palm Beach Gardens, FL 33418 Phone: (561) 624-7404 Fax: (561) 624-7405 www.gokenco.com August 31, 2006 Mr. Donald Cooper, City Manager City of Port St. Lucie c/o Culpepper & Terpening, Inc. 2980 South 25"' Street Ft. Pierce, FL 34981 RE: Midway Road Special Assessment District Dear Mr. Cooper: This letter is written as a follow up to our previous letter regarding our request for the City's consideration of a Special Assessment District (SAD) for the construction of the Midway Road corridor and other associated public infrastructure improvements. As property owners (+/- 390 acres), we understand that if the City elects to move forward with the creation of the SAD, our property, and future owners of the property, will be assessed for the benefit received from these improvements. Accordingly, if the City moves forward and the property owners elect for this voluntary assessment, it is acknowledged that our property will be assessed for the specific benefit derived from the improvements. Additionally, other properties abutting the boundaries of the SAD District may have benefit of any additional capacity and this would be assessed as general benefit. We thank you and the City for the consideration of this Special Assessment District. Kenco Communities at Port St. Lucie, Inc. 77777777�� McCarty Road, LLC 1935 Commerce Lane, Suite 5 Jupiter, FL 33458 (561) 743-7381 / (561) 743-7383 fax gtkellvqc@belIsouth.net May 16, 2006 Donald Cooper, City Manager City of Port St. Lucie C/o Culpepper & Terpening, Inc. 2980 South 25th Street Ft. Pierce, FL 34981 RE: Midway Road Special Assessment District Dear Mr. Cooper: Our company, McCarty Road, LLC of which I am the Managing Member, has been approached regarding the pending roadway improvements for the Midway Road project. The project is proposed as the six lane, divided urban section, of Midway Road from I-95 westerly to Arterial "A", approximately 0.8 miles. Westerly, from Arterial "A" to State Road 70, the improvements will be four -land divided urban section. The design section will include bike lanes, sidewalks, lighting and landscaping. We've also been informed of the possibility of the creation of a Special Assessment District (SAD) in connection with the sharing of the proposed costs. Our company owns Parcel 29, as depicted on the attached exhibit. We have reviewed the proposed roadway improvements and find them a benefit to our property. Accordingly, we will elect voluntarily to be a part of the City's Special Assessment District for the proposed improvements. This election will be subject to our review of the methodology used for the assessment of each projects fair share of the improvements. If you have any questions, please do not hesitate to contact me at (561) 743-7381. Sincerely, eor e T. Jl , IVMa an gzng Member GTK/ck '€�'r MAY 200" CENTEX HOMES April 27, 2006 Donald Cooper, City Manager City of Port St. Lucie c/o Culpepper & Terpening, Inc. 2980 South 25"' Street Ft. Pierce, FL 34981 RE: Midway Road Special Assessment District Dear Mr. Cooper: Southeast Florida Division 8198 Jog Road. Suite 200 Boynton Beach, Florida 33437 Phone: (561) 536-1000 Fax: (561) 536-1060 www.CentexHomes.com Our company, Centex Homes, has been approached regarding the pending roadway improvements for the Midway Road project. The project is proposed as the six -lane, divided urban section, of Midway Road from I- 95 westerly to Arterial "A", approximately 0.8 miles. Westerly, from Arterial "A" to State Road 70, the improvements will be a four -lane divided urban section. The design section will include bike lanes, sidewalks, lighting, and landscaping. We've also been informed of the possibility of the creation of a Special Assessment District (SAD) in connection with the sharing of the proposed costs. Centex Homes would like to volunteer as a part of the SAD in order to share the proposed costs of the road construction and utilities with other perspective developers. Our company owns the LTC Ranch property, as depicted on the attached exhibit. We have reviewed the proposed roadway improvements and find them a benefit to our property. Accordingly, we will elect voluntarily to be a part of the City's Special Assessment District for the proposed improvements. If you have any questions, please do not hesitate to contact me at 561-536-1051. Sincerely, �-7 J Ke eth D. DeLaTorre Land Entitlement Manager, Treasure Coast Centex Homes ILntitiements Proiectsun Yroeress\LTC kanch,Letters\2006\6DLSAD42Td- I Royal Professional Builders May 26, 2006 Donald Cooper, City Manager City of Port St. Lucie Culpepper & Terpening, Inc. 2980 South 251h Street Fort Pierce, FL 34981 Re: Midway Road Special Assessment District Dear Mr. Cooper: Our company, Royal Majesty Investments, LLC, of which Royal Professional Builders, Inc. is a member, has been approached regarding the pending roadway improvements for the Midway Road project. We understand the project is proposed as a six -lane, divided urban section, of Midway Road from 1-95 westerly to Arterial "A", approximately 0.8 miles. Westerly, from Arterial "A" to State Road 70, the improvements will be a four - lane divided urban section. The design section will include bike lanes, sidewalks, lighting and landscaping. We've also been informed of the possibility of the creation of a Special Assessment District (SAD) in connection with the sharing of the proposed costs. Royal Majesty Investments, LLC owns a 115 acre property identified as Tax Parcel 3307-410-0000-000-0, as depicted on the attached exhibit. We have reviewed the proposed roadway improvements and find them a benefit to our property. Accordingly, Royal Majesty Investments, LLC would elect voluntarily to be a part of the City's Special Assessment District for the proposed improvements. If you have any questions, please do not hesitate to contact me at 561.798.0901. Sincerely, Royal Majesty investments, LLC By: Royal Professional Builders, Inc. a MAY Kenneth Treadwell Chief Executive Officer 1 J he't eciei. INl eQt Pain: bea--L.. Florid;; >41 Equus Farms, LLC Tuesday, August 22, 2006 Mr. Donald Cooper, City Manager City of Port St. Lucie c/o Culpepper & Terpening, Inc. 2980 South 25th Street Ft. Pierce, FL 34981 3801 NE 207`h Street, Suite 704, Aventura, Florida 33180 Tel:305.935.4461 Fax: 305.932.2611 Cell: 954.270.0577 RE: Midway Road Special Assessment District Dear Mr. Cooper: This letter is written as a follow up to our previous letter regarding our request for the City's consideration of a Special Assessment District (SAD) for the construction of the Midway Road corridor and other associated public infrastructure improvements. As property owners, we understand that if the City elects to move forward with the creation of the SAD, our property, and future owners of the property, will be assessed for the benefit received from these improvements. Accordingly, if the City moves forward and the property owners elect for this voluntary assessment, it is acknowledged that our property will be assessed for the specific benefit derived from the improvements. Additionally, other properties abutting the boundaries of the SAD District may have benefit of any additional capacity and this would be assessed as general benefit. We thank you and the City for the consideration of this Special Assessment District. Sincerely, /,"h Friedes, managing member Uwa 5RUfk"31 2""" SINCE 1895 August 28, 2006 Mr. Donald Cooper, City Manager City of Port St. Lucie c/o Culpepper & Terpening, Inc. 2980 South 25th Street Ft. Pierce, FL 34981 RE: Midway Road Special Assessment District Dear Mr. Cooper: This letter is written as a follow up to our previous letter regarding our request for the City`s consideration of a Special Assessment District (SAD) for the construction of the Midway Road corridor and other associated public infrastructure improvements. As property owners, we understand that if the City elects to move forward with the creation of the SAD, our property, and future owners of the property, will be assessed for the benefit received from these infrastructure improvements. Accordingly, if the City creates the SAD and the property owners elect to participate in this voluntary assessment, we acknowledge that our property will be assessed on an equitable basis for the specific benefit derived from the improvements. Additionally, other properties in the area that may receive benefit and additional utility and traffic capacity from the infrastructure improvements contemplated by this SAD, will be assessed on an equitable basis with other SAD participants. We thank you and the City for the consideration of this Special Assessment District. Sincerely, Mike Ray Executive Vi e President Ads; ?006 I (LL3 ► P.O. Box. 700277 • 8465 Old Dixie Highway • Wabasso. Florida 32970-0277 772-589-4356 • Fax 772-569-5901, • www.graves-bros.corri August 24, 2006 Mr. Donald Cooper, City Manager City of Port St. Lucie c/o Culpepper & Terpening, Inc. 2980 South 25"' Street Ft. Pierce, FL 34981 DJG Developers, LLC 469 S.W. Rosewood Cove Port St. Lucie, FL 34986 772-260-4770 RE: Midway Road Special Assessment District Dear Mr. Cooper: This letter is written as a follow up to our previous letter regarding our request for the City's consideration of a Special Assessment District (SAD) for the construction of the Midway Road corridor and other associated public infrastructure improvements. to move forward with the creation of the SAD, our property, and future owners of the property, will be assessed for the benefit received from these improvements. Accordingly, if the City moves forward and the property owners elect for this voluntary assessment, it is acknowledged that our property will be assessed for the specific benefit derived from the improvements. Additionally, other properties abutting the boundaries of the SAD District may have benefit of any additional capacity and this would be assessed as general benefit. We thank you and the City for the consideration of this Special Assessment District. Sincerely, a Donald Santos Managing Member PROVENCES May 25, 2006 Mr. Donald Cooper City Manager c/o Culpepper & Terpening, Inc. 2980 South 25'h Street Ft. Pierce, FL 34981 Dear Mr. Cooper: Our companies, Willow Lakes, LLC and Midway Properties, LLC, of which we are members, are co - developers of the Provences master -planned, mixed -use development located on the north side of Midway Road adjacent to 1-95 in unincorporated St. Lucie County. The project ADA, submitted to the Department of Community Affairs (DCA) on January 26, 2006, proposes the development of 4,443 dwelling units and 3,180,550 square feet of commercial space. We have been approached about a pending roadway improvement plan for Midway Road. The project is proposed as a six -lane, divided urban section of Midway Road from 1-95 westerly to Arterial "A", approximately 0.8 miles. Westerly, from Arterial "A" to State Road 70, the improvements will be a four - lane divided urban section. The design section will include bike lanes, sidewalks, lighting and landscaping. We have been informed of the possibility of the creation of a Special Assessment District (SAD) in connection with the sharing of the proposed costs. We have reviewed the proposed roadway and utilities improvements and find them a benefit to our property. Accordingly, we are interested in being a part of the City's Special Assessment District for the proposed improvements. If you have any questions, please do not hesitate to contact us. Sincerely, WILLOW LAKES, LLC MIDWAY PROPERTIES,�(LLC By; / y: —�.... Ric and P. Bellinger R H � man s 222 SOUTH U.S. HIGHNAS 1. SUITE 200 • TEQUEST2_ FL 33461, - 561.744.3341 • fas 561.744.336E ,6bertf f KEN J. MASCARA Telephone: (772) 462-3200 • Fax: (772) 489-5851 4700 West Midway Road • Fort Pierce, Florida 34981 May 18, 2006 Mr. Donald B. Cooper City Manager City of Port St. Lucie 121 SW Port St Lucie Blvd. A Port St Lucie, FL. 34984 Dear Mr. Cooper: I write in support of the widening of Midway Road from I-95 to State Road 70. Four-laning this road segment will benefit the people of St. Lucie County, Port St. Lucie and Fort Pierce, and it will benefit the safety and security of the public. As you know, Midway Road is literally on the doorstep of the Sheriff s Office administrative headquarters. When deputies travel this road in the course of their duties, they usually encounter delays due to traffic. A wider Midway Road will mean quicker response time the scenes of emergencies. The phenomenal growth of all areas of our county has put a great strain on our transportation system. There are few east -west roads that connect I-95 and U.S.l, and Midway- Road is one of them. In addition, Midway Road is the roadway personnel and supplies take to stage at the county fairgrounds during the recovery phase following hurricanes. The timely widening of Midway Road is in the best interest of all members of this community, and I am hopeful this project will get under way in the near future. Sincerely, le 12e1V�� ara Sheriff i ds ST. LUCIE COUNTY FIRE DISTRICT OFFICE OF THE CHIEF Jay Sizemore, Fire Chief Karen Jones, Admin. Assistant June 19, 2006 VIA: HAND DELIVER Mr. Donald Cooper City Manager City of Port St. Lucie 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 RE: Midway Road Improvement Project Dear Mr. Cooper: I am writing in support of the widening of Midway Road from I-95 to S.R. 70. 2400 Rhode Island Ave. Fort Pierce, FL 34950 Phone: 772.462.8301 Fax: 772.462.8461 Four-laning this road segment will benefit the people of Port St. Lucie, Ft. Pierce, and St. Lucie County, and it will benefit the safety and security of the public. A wider Midway Road will mean a quicker response time for emergencies. In addition, Midway Road serves as an emergency evacuation route prior to hurricanes, and these improvements will provide for safer and more efficient travel to the St. Lucie County Fairgrounds, which is used as a shelter. The widening of Midway Road is in the best interest for this community, and we are hopeful this project can get underway in the very near future. Sinv,erely JSizemore Fire Chief C.AUOCUMK—i AsaI ,LOCALS— I A1—D\=es6030C8',-63094S2-oa, Board Members t9 pey. / +�°-1 .2' Excellence in Education Kathryn Hensley, Chairman ,,a ;'' 1' Dr. John Carvelli, Vice Chairman Il( \LCr \J The School Board of St. Lucie County Dr. Samuel S. Gaines Carol A. Hilson St. Lucie coTznty 4204 Okeechobee Road Dr. Judi Miller Public Schools Fort Pierce, Florida 34947 • (772) 429-3600 Superintendent Michael J. Lannon June 14.2006 Butch Terpening, P.E. Culpepper R Terpening, Inc. 2980 South 25th Street Fort Pierce, FL 34981 Re: Road 'Improvements- 1-95 to State Road 70 St. Lucie County, Florida Dear Mr. Terpening: On behalf of the St. Lucie County School District, we fully support the County and City of Port St. Lucie in the above referenced project. Midway Road provides access for our School District to the western portions of the county and serves as an emergency evacuation roue. These improvements will provide safer and more efficient travel on Midway Road. This will allow us to transport students to schools in the County much quicker as development occurs. We currently have at least four school sites proposed in the developments in the area (LTC Ranch. Kenco, Lennar, Provences). The School Board officials are committed to reducing the time students spend on school buses. These improvements will help us meet this commitment. If you need additional support or recommendations from the St. Lucie County School Board. please call me at (772) 429-3640. We are happy to assist the County and City in this effort to have this project move forward. Sincerel` V a p� Marty Sanders. P. E. Executive Director of Growth Management, Land Acquisition, & Inter -Governmental Relations MES/mtf' <r Uocwnenis and SeII mar M5�11 119�DecklnpNe�r &iel'case�ic Uocumenlsl�m. Lamb Cite of NSLMidwac Read S.4U :uppniY lu.dn� cc: Michael Lannon, Superintendent �aaTMEIVf Karen Williams. Director of Transpo ats� F ST = FINANCIAL =` o MANAGEMENT G PRACTICES 2 ,�. ,t • I r �a us AGENDA REQUEST ITEM NO. C4b DATE: November 28, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration SUBIECT: Indian River Drive — Emergency Repairs BACKGROUND: See attachments FUNDS AVAILABLE: Gas Tax #101004-9910-599300-800 PREVIOUS ACTION: See attachments RECOMMENDATION: Staff recommends the Board approve the emergency actions recommended by the County Administrator and staff to maintain the structural integrity of Indian River Drive and to enter into a contract as prepared by the County Attorney with Ranger Construction to perform the work. COMMISSION ACTION: APPROVED [] DENIED [] OTHER: Approved 5-0 County Review and Approvals Anderson Iministrator County Attorney: Management & Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 DATE: November 17, 2006 RE: Emergency Repairs — Indian River Drive BACKGROUND Attached is a memorandum from Michael Powley, County Engineer, informing me of the emergency repairs needed to the Indian River Drive embankment to maintain its structural integrity. The estimated cost is $159,000 plus engineering inspection for a permanent fix with armoring (see attached). The estimated cost for a temporary fix is $133,773 plus engineering inspection (see attached). Attached are letters from the Sheriff and Fire Chief discussing safety hazards and issues that would occur as a result of the collapsing of Indian River Drive. Due to the impending collapse of the Drive, I am recommending that the County do the permanent fix since it is only $26,000 more than the temporary fix. The funds available for this specific repair are coming from County gas tax. I will be coming to you at a future meeting to discuss recouping the permanent fix costs once they are determined from the property owners who denied us access to their properties that in turn created this situation. It should be noted that this particular property was sold after the construction of the Indian River Drive project. This repair could be the first of many. RECOMMENDATION Staff recommends the Board approve the emergency actions recommended by the County Administrator and staff to maintain the structural integrity of Indian River Drive and to enter into a contract as prepared by the County Attorney with Ranger Construction to perform the work. DMA/ab 06-133 c: Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan McIntyre, County Attorney Don West, Public Works Director Michael Powley, County Engineer Marie Gouin, Management and Budget Director Attachments Ranger Construction Industries, Inc. November 6, 2006 Mr. Michael V. Powley P.E. St. Lucie County — Engineering Division 2300 Virginia Ave. Room 229 Ft. Pierce, Florida 34982-5652 Re: Indian River Drive Middle Project Emergency Slope Construction Dear Michael, In response to your offices request for proposal for the Slope Construction and the installation of Rip -Rap Rubble at the 12661 Indian River Drive on the above referenced project, we respectfully submit the following pricing for your review. Mobilization 1 LS $26,800.00 Maintenance of Traffic 1 LS $31,521.00 Clearing & Grubbing 1 LS $2,000.00 Floating Turbidity Barrier 140 LF $8.50 $1,190.00 Survey 1 LS $1,500.00 Borrow Excavation(Trk Measure) 1700 CY $25.68 $43,656.00 Rip-Rap(Limerock) III TN $175.00 $19,425.00 Bedding Stone 52 TN $0.01 $0.52 Sodding 600 SY $2.00 $1,200.00 Geosynthetic Reif. Fabric 4500 SF $7.00 $31,500.00 TOTAL $158,792.52 These are approximate quantites only, actual field measurement will apply. 4510 Glades Cut -Off Road, FT. Pierce, Florida 34981 - Phone: (772) 464-6460 - Fax: (772) 466-9559 Mailing Address: P.O. Box 14589, FT. Pierce, Florida 34979-4589 - www.rangerconstruction.com .— / i V I . 1 Ranger Construction Industries, Inc. November 17, 2006 W. Michael V. Powley P.E St. Lucie County — Engineer ing Division 2300 Virginia Ave. Room 219 Ft. Pierce, Florida 34982-56 i2 Re: Indian River Drive Midk.le Project Emergency Slope Const -action Dear Michael, In response to your offices re quest for a revised proposal for the Slope Construction at the 12661 Indian River Drive on the above referenced project, we respectfully submit the following pricing for your re- 7ew. Mobilization Maintenance of Traffic 1 LS 1 LS $26,200.00 Clearing dt Grubbing 1 LS $26,527.00 $2,000.00 Floating Turbidity Barrier 140 LF $9.50 $1,190.00 Survey Borrow Excavation (Trk. Met.sure) 1 LS 1700 CY 525.68 $1,500,00 $43,656.00 Sodding Geosynthetic Reinf. Fabric 1100 SY 4500 SF $2.00 '$7.00 $11200.00 $31,500.00 TOTAL $133,773.00 These are approximate quantities only, actual field measurement will apply. The slopes will be built at a 2:1 slope, If i Iwilt any less than this, we feel it will be detrimental to the proposed slope. No Rip -Rap it included in this proposal in which we feel defeating the Purpose for the embankment. 4510 Glades Cut-0ff Road, FT. Pier ce, Florida 34961 • Phone; (772) 464-6460 - Fax: (772) 06-9558 Mailing Address: P.O. Box 14589 FT. Pierce, Florida 34979.4589 • www.rangerconstruction.com j, If you have any questions c r need an further assistance, please feel free to call me, Dave A. Schutta Chief Estimator, Central Di DIVISION DF ENGINEERING MEMORANDUM 06-316 TO: Douglas Anderson, County Administrator ov FROM: Michael Powley, County Engineer MVP 1� DATE: November 16, 2006 SUBJECT: Emergency Repair of South Indian River Drive Roadway Embankment Undeveloped Property fka 12661 SIRD As you are aware, the Engineering Division has been monitoring the roadway embankment of an unarmored property just north of Mockingbird Lane (formerly known as 12661 South Indian River Drive). The property owner at the time of our armoring projects denied us access to this property. The property has since been sold and the new owner has not responded to our correspondence in which we advised him of the critical condition of his property and the danger it poses to our roadway. The condition of the embankment has reached a state where our roadway is in imminent danger of being undermined. It is my opinion, and that of our consulting engineers, that we must implement repairs immediately in order to safeguard our roadway, and to protect the traveling public. Ranger Construction Industries, which assisted us in our Hurricane Frances repairs, and in the Middle Project for our Hurricane Jeanne repairs, is ready to assist us. They have estimated the cost of this work to be between $170,000 and $200,000. The source of these funds has not been identified. I must stress that this is only an estimate and that the actual cost will be based on the final quantities used to complete the work. Dunkelberger Engineering & Testing, which assisted us throughout our hurricane repairs, will monitor the construction and quantify the actual materials utilized. Their fees have been included in the above estimate. Our repair will be similar to that which we implemented recently for the slope failure at the Florida Power & Light property: an embankment will be constructed at an approximate 2:1 (horizontal to vertical) angle and the toe will be protected by coquina placed in accordance to our recent armoring plan set. All work will be landward of the mean high water line and stringent erosion control measures will be used. The South Florida Water Management District has approved of these procedures. This property is only one of several that we have been monitoring closely and which we anticipate will eventually endanger our roadway if the property owners continue to do nothing. In the long term, be it weeks, months, or years, future expenditures should be anticipated to protect our roadway from these unarmored properties. Copy: Ray Wazny, Assistant County Administrator Dan McIntyre, County Attorney Don West, Public Works Director Michael Harvey, Engineering Intern 11-10- l70 1L:64 rNUrr-nru:tsirrn Urriut 1-YJYJ1 r0-ejoz. U-]L6 r ��jeriff k KEN J. MASCARA Telephone: (772) 462-3200 • Fax: (772) 489-5851 4700 West Midway Road • Fort Pierce, Florida 34981 November 16, 2006 Mr. Doug Anderson, County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 349s Re: Indian River Drive Dear Mr. Anderson: On'November 15, 2006, staff members from the St. Lucie County Sheriffs Office examined Southeast Indian. River Drive, south of Walton Road. The reason for this examination was due to concerns that the eroding shoulder area of Indian River Drive in this location is becoming a hazard to motorists. This area was examined, and there is only a small area left before the roadway is in j eopardy of collapsing into the intereoastal waterway. Should St. Lucie County experience a substantial rainfall it would certainly expedite the erosion of this area. We consider this erosion area a safety hazard to the citizens of St. Lucie County who operate their motor vehicles on Indian River Drive as well as emergency responders, both fine and law enforcementwho may be called upon to respond to emergencies south of this intersection. It is the recommendation of the Sheriff s Office that immediate action be taken to ensure the erosion problem is addressed so that the collapse of Indian River Drive does not occur. Should you have any questions with regards to this correspondence, please contact me. Sine ly, a 0 . Wilson iaf Deputy k. R NDU-16-2006 11:57A FROM:ST. LUCIE COUNTY FIR 772-462-1933 TD:94621648 P.1 ST. LUCIE COUNTY FIRE DISTRICT �4-to0NT'k! 2400 Rhode Island Ave. OFFICE OF THE CHIEF v 47- Fort Pierce, FL 34950 v Phone: 772.462.8301 Jay Sizemore, Fire Chief `o a Fax: 772.462.8461 X��9F DIS'C���� November 18, 2006 \ V4 Mr. Doug Anderson \� County Administrator 5t. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Anderson: Based upon the information received from you, I sent one of our Battalion Chiefs to inspect the washed out area on Indian River Drive. His opinion is that the roadway in its present condition will not hinder our vehicles from responding down the drive, However, he is recommending that we evaluate the situation on a daily basis, especially if there is rainfall, to determine that the situation does not deteriorate and then hinder our response times or that the roadway does not become a liability for our equipment to use. If you have any questions please call me. Sin rely Ja6i a ore Fire C ' f I [!�?r i Nj1tF b CO. ADMIN. OFFICE CED AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR AUTHORIZING EMERGENCY REPAIRS TO INDIAN RIVER DRIVE SOUTH OF MOCKINGBIRD LANE WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. Based on the recommendation of the County Engineer and the advice of the St. Lucie County Sheriff and the St. Lucie County Fire District Fire Chief, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of several property owners to repair their embankments causing severe erosion to the embankment and undermining Indian River Drive south of Mockingbird Lane. 4. On November 14, 2006, the St. Lucie County Public Safety Director declared a state of local emergency, which state is still in effect. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. The County Engineer, local law enforcement officials, including the St. Lucie County Sheriff and the St. Lucie County Fire District Fire Chief have determined, as a result of the effects of the failure of several property owners to repair their embankments causing severe erosion of Indian River Drive south of Mockingbird Lane, that there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property. 7. Emergency repairs are essential and it is necessary to enter onto these properties to make repairs. NOW, THEREFORE, I am issuing the following Order: 1. Effective November 17, 2006 at 12:00 p.m., the County Engineer is directed to authorize County contractors to enter onto private property as necessary to make any necessary emergency repairs to the properties on Indian River Drive, south of Mockingbird Lane. 2. This Order shall continue until November 24, 2006 at 12:00 p.m. unless extended or sooner rescinded by order of the County Administrator or Board of County Commissioners. 4. This Order shall, as promptly as practicable, be filed in the office of the Clerk of the Circuit Court. Signed effective this 17th day of November, 2006, at 12:00 p.m. -�..� glas� Anderson (You nt Administrator St. Lucie County Copy to: Board of County Commissioners County Attorney �.���••1.i. err._ t, 4 � •I i r{ .r ... ._y i .t AGENDA REQUEST ITEM NO. C5A DATE: November 28, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Budget Amendment #BA06-175 and Resolution 06-335 to cover fiscal year 2006 insufficient accounts. BACKGROUND: As a result of the damages caused by Hurricane Frances and Hurricane Jeanne, the Federal Emergency Management Agency (FEMA) and the Department of Community Affairs have agreed to fund eligible hurricane damage expenses. Most of these expenses will be reimbursed by FEMA (90%) and DCA (5%) and will require a 5% County match. • BA06-175 includes $476,841 in transfers • Resolution 06-335 establishes the fiscal year 2006 budget for reimbursement related to several FEMA projects totaling $3,105,440. These FY 06 budget transactions were posted to the accounting system early in order to facilitate closing the books in a timely manner. FUNDS AVAILABLE: Various Funds (See attached) PREVIOUS ACTION: The Board approved the FY 06 budget on September 22, 2005. On October 19, 2004, the Board approved a disaster relief funding agreement for Hurricane Frances. On November 2, 2004, the Board approved a disaster relief funding agreement for Hurricane Jeanne. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment #BA06-175 and Resolution 06-335 to cover fiscal year 2006 insufficient accounts and to recognize revenue from FEMA and the State for hurricane related expenses. COMMISSION ACTION: CONCURRENCE: %] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do las M. Anderson County Administrator 9 Coordination/Si atur!N County Attorney:xx Management & Budget: 'Mr6 Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) G:\BUDGET\ WPW GENDA'S\AGENDA06\ 11'28'06FY06YEAREND. DOC BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Management & Budget PREPARED DATE: 11/16/2006 AGENDA DATE: 11/28/2006 ACCOUNT NUMBER TO: 001-3720-512000-300 001-19301-512000-100 001-3600-512000-1904 001-1930-564000-1902 001 -2510-564000-JE004B 001 -7210-546070-JG01 8P 001-7210-546070-1904 001-7420-546070-1904 001-11101-512000-100 001-11102-511000-100 001-11102-512000-100 001-11103-512000-100 001-11103-540010-100 001-11104-512000-100 001-7420-563000-7803 001-3600-512000-300 FROM: 001-9910-599310-800 001-8110-591000-800 ACCOUNT NAME Salaries AMOUNT $660 Salaries $41,000 Salaries $310 Machinery & Equipment $59,250 Machinery & Equipment $10,336 Maintenance - Electrical $2,538 Maintenance - Electrical $47,818 Maintenance - Electrical $50,842 Salaries $8,402 Executive Salaries $302 Salaries $3,271 Salaries $4,025 Travel -Car Allowance $1,049 Salaries $2,118 Infrastructure $235,620 Salaries $9,300 Adjustments Reserve $241,221 Transfer to Other Funds $235,620 REASON FOR BUDGET AMENDMENT: To cover FY 06 insufficient accounts CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA-06-175 DOCUMENT # & INPUT BY: RESOLUTION NO. 06-335 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available through the Federal Emergency Management Agency, the Department of Community Affairs, and Insurance. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 28th day of November, 2006, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2005-2006, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: Revenues 001 1930 331232 FB040C Emergency Management $129,234 001 1930 334202 FB040C Dept of Community Affairs -Pub Sfty $7,140 001 1930 331232 FE001 C Emergency Management $418,458 001 1930 341270 FE003C Insurance $276,359 001 1930 331232 FE014C Emergency Management $6,541 001 1930 334202 FE014C Dept of Community Affairs -Pub Sfty $362 001 1930 341270 FE014C Insurance $9,622 001 1930 331232 FE014C Emergency Management $2,803 001 1930 334202 FE014C Dept of Community Affairs -Pub Sfty $154 001 1930 331232 FE025C Emergency Management $27,450 001 1930 334202 FE025C Dept of Community Affairs -Pub Sfty $1,380 001 1930 331232 FE027C Emergency Management $7,599 001 1930 331232 FE029C Emergency Management $2,000 001 1930 331232 FE035C Emergency Management $3,260 001 1930 331232 FE039C Emergency Management $45,202 001 1930 331232 FE041C Emergency Management $16,327 001 1930 331232 JE022C Emergency Management $2,243 001 1930 331232 JE026C Emergency Management $19,800 001 1930 331232 JG002C Emergency Management $7,775 001 1930 331232 JG005C Emergency Management $74,479 001 1930 334202 JG005C Dept of Community Affairs -Pub Sfty $4,115 001 7216 341270 JG017P Insurance $16,130 001 7210 331232 1904 Emergency Management $46,993 001 7210 334202 1904 Dept of Community Affairs -Pub Sfty $7,799 001 7210 341270 1902 Insurance $181,774 001 7216 341270 1902 Insurance $133,463 001 7420 341270 1904 Insurance $65,565 101003 4113 331232 JC005E Grounds Maintenance $133,437 101004 4109 341270 1904 Insurance $195,262 184 3710 331232 FG001 N Emergency Management $151,347 461 75201 341270 1904 Insurance $1,111,367 Total $3,105,440 Apnronriations 001 1930 546100 FE039C Building Maint. $181,576 001 1930 562000 FE001C Buildings $418,458 001 1930 546200 FE003C Maintenance Improvement $276,359 001 1930 546100 FE014C Building Maint. $16,525 Pagel of 2 001 1930 546100 FE015C Building Maint. $2,957 001 1930 546100 FE025C Building Maint. $28,830 001 1930 546100 FE027C Building Maint. $7,599 001 1930 546100 FE029C Building Maint. $2,000 001 1930 546100 FE035C Building Maint. $3,260 001 1930 546100 FE041C Building Maint. $16,327 001 1930 564000 JE022C Machinery & Equipment $2,243 001 1930 546100 JE026C Building Maint. $19,800 001 1930 546100 JG002C Building Maint. $7,775 001 1930 563000 JG005C Infrastructure $78,594 001 7216 546100 JG017P Building Maint. $16,130 001 7210 546200 1904 Maintenance Improvement $54,792 001 7210 562000 1902 Buildings $181,774 001 7216 562000 1902 Buildings $133,463 001 7420 546100 1904 Building Maint. $65,565 101003 4113 546300 1902 Grounds Maintenance $133,437 101004 4109 553100 1904 Safety Marker Signs $195,262 184 3710 546300 190026 Grounds Maintenance $151,347 461 75201 546200 1904 Maintenance Improvements $1,111,367 Total $3,105,440 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Joseph E. Smith XXX Commissioner Charles Grande XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 28th DAY OF November, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Page 2 of 2 AGENDA REQUEST COUNTY F ki t C► R I D A TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB ITEM NO. C511 DATE: November 28, 2006 REGULAR [ I PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Budget Amendment BA07-009 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2006. BACKGROUND: At the end of fiscal year 2006, the County had several purchase orders outstanding for items not yet received or services not yet rendered. This budget amendment transfers funding from accounts that were established in the fiscal year 07 budget to cover encumbrances carried forward into the departments that have purchase orders that rolled from fiscal year 2006. FUNDS WILL BE MADE AVAILABLE: 001-9910-599900-800 (Encumbrances Carried Forward) and XXX-9910-599300-800 (Reserves, various funds) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment 07-009. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [x`J OTHER: Approved 5-0 Coordination/Si ng atures l N County Attorney: Management & $udget:� � chasing: Originating Dept: Soil & Water: Other: Finance: (Check for Copy only, if applicable) XX Anderson Administrator G: \BUDGETIW P\AGENDA'S\AGENDA07\ 11'28'06ENCUMB RANC ES. DOC BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: ACCOUNT NUMBER Management & Budget 10/23/2006 11/28/2006 ACCOUNT NAME AMOUNT TO: 107-1940-546200-1527 Maintenance Improvements $310,933 102-1510-564000-100 Machinery & Equipment $14,983 001-1510-531000-39004 Professional Services $70,000 001-4110-531000-400 Professional Services $109,000 001-19301-564000-100 Machinery & Equipment $4,486 001-1225-564000-100 Machinery & Equipment $1,197 107-6291-564000-6000 Machinery & Equipment $22,277 FROM: 107-9910-599310-800 Adjustment Reserves $333,210 001-9910-599900-800 Encumbrances Carried Forward $184,683 102-9910-599300-800 Reserves $14,983 REASON FOR BUDGET AMENDMENT: To cover purchase orders that were rolled from FY 06. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: N/A N/A N/A BA-07-009 K3 AGENDA REQUEST TO: SUBMITTED BY: ITEM NO. C5C DATE: November 28, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 06-347 to accept the grant award from the Florida Department of Community Affairs in the amount of $200,000 for the Emergency Management Residential Construction program. BACKGROUND: The purpose of the grant is to assist with the educational materials and coordinate the outreach component with statewide media. Assist low - income residents in the development of "home strengthening plan" and help them implement the plan with volunteers or professional contractors. FUNDS AVAILABLE: Funds will be made available in 001423-3715-563000-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 06-347 to implement the Emergency Management Residential Construction Mitigation Program. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ell p(buidAnderson Count Administrator Coordination/Signaturesyy��,��& County Attorney: Management & Budget: n;xrchasing: Orig Dept: Finance: (Check for Copy o(Inl ' applicable) PWorks: Other: ,� 14ur 'vt 4,'lk. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-07 ;COUNTY TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: Emergency Management Residential Construction Program DATE: November 28, 2006 The $200,000 grant funds will be used to determine methods to better improve low - income homes to withstand hurricane force winds. Funds will be used to purchase storm panels. In addition, workshops will be held for St. Lucie County residents so they may learn inexpensive ways to strengthen their homes. There is no county match for this project, just in -kind time. Staff recommends approval of budget resolution #06-347. t RESOLUTION NO. 06-347 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Department of Community Affairs/Emergency Management Residential Construction Mitigation Program in the amount of $200,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 28th day of November 2006, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUES 001423-3715-334693-300 Dept of Community Affairs/Human APPROPRIATIONS 001423-3715-563000-300 Infrastructure After motion and second the vote on this resolution was as follows: Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Charles Grande XXX Commissioner Paula Lewis XXX Commissioner Joseph E. Smith XXX PASSED AND DULY ADOPTED THIS 28th DAY OF NOVEMBER 2006. $200,000 $200,000 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST TO: SUBMITTED BY: ITEM NO. C5D DATE: November 28, 2006 REGULAR [I PUBLIC HEARING [ ] CONSENT [ X ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Acceptance of a reimbursement agreement for $1,081,502 from Florida Department of Transportation for Hurricane Wilma's debris removal, washouts and bridge repairs. BACKGROUND: Powerful winds and heavy rains from Hurricane Wilma damaged and destroyed trees, limbs, and structures within St. Lucie County. FUNDS WILL BE MADEAVAILABLE: 101110-4115-546300-1904 PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board approve Budget Resolution 06-322 in the amount of $1,081,502. COMMISSION ACTION: [X] APPROVED [ ] DENIED OTHER: Approved 5-0 [ ] CONCU ENCE: rDouA Anderson CounKy Administrator Coordination/SignaPS4.u'rchasing: County Attorney: Management & Budget Orig Dept: Central Services: Finance: (Check for Copy only, if applicable) PWorks: lr1 m Other: Anyone with disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. COUNTY F L O R I D A MEMORANDUM 06-97 OFFICE OF MANAGEMENT & BUDGET TO: Board of County Commissioners FROM: Marie Gouin, Management and Budget Director SUBJECT: Resolution #06-322 DATE: November 9, 2006 As a result of the damages caused by Hurricane Wilma the Federal Highway Administration has granted the County reimbursement up to $1,081,502. The attached resolution establishes the budget for reimbursement related to debris removal, washouts, and bridge repairs. Staff recommends approval of budget resolution # 06-322. RESOLUTION NO. 06-322 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Federal Highway Administration in the amount of $1,081,502. 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 28th day of November 2006, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2005-2006, and the County's budget is hereby amended as follows: REVENUES 101110-4115-331130-1904 Federal Highway Administration $1,081,502 APPROPRIATIONS 101110-4115-546300-1904 Grounds Maintenance $1,081,502 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Charles Grande XXX Commissioner Paula Lewis XXX Commissioner Joseph E. Smith XXX PASSED AND DULY ADOPTED THIS 28th DAY OF NOVEMBER 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA ;IIII FAI9uI_lIOI APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. Cam_ COUNTY' F L O R ID A - TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie County Sheriff's Office SUBJECT: Budget Amendment for Miscellaneous Income DATE: November 28, 2006 REGULAR [ ] PUBLIC HEARING[ ] CONSENT [ X ] PRESENTED BY: Toby Long Director of Finance BACKGROUND: Annually at this time of year the Sheriff submits a budget amendment to reconcile actual miscellaneous revenues received with budgeted amounts. No additional funds are being requested. FUNDS WILL BE AVAILABLE IN: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff's request for a budget amendment to increase the budget for miscellaneous revenues by $137,269. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: J. CONCURRENCE: D gla Anderson County Administrator Review and ADDrDvals Management &Budget Purchasing: Originating Dept. Other: Finance: (Check for Copy only, if applicable) Other: Eff. 5/96 Page 1 of 1 21-14-'06 13 59 FRON-5,C", FINANCE 772-462-3275 t�E Rif 5 A T-303 P03I03 U-512 04rrtff . KEN J. MASCARA �, } 4700 West Midway Road, Fort Pisree, Florida 34981 A � L C� f LO MEMORANDUM DATE: November 13, 2006 Member National Sheriffs' Associatic Member Florida Sheriffs' Associatio Telephone, (772) 461-7300 • Fax; (772) 489-58! TO: Board of County Commissioners FROM: Toby - Long, Director of Finance and Technology gy SUBJECT: Agenda Request The attached agenda request is to increase the budget arnount of miscellaneous revenue in the Sheriff s 05-06 budget by $137,267. No additional funds are beings requested. Thank you for your help. AGENDA REQUEST ITEM NO. C-7-A DATE: November 28, 2006 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis SUBJECT: Request approval of the 2007 AB Management Associates Consulting Agreement for St. Lucie County International Airport. BACKGROUND: The Board approved the AB Management Associates Agreement in December 2005 to assist with obtaining the federal approvals and funding for the new runway at the St. Lucie County International Airport and the commissioning of the ASR-I I radar at the Fort Drum site. The need to continue to interface with the FAA is still on going for both projects. Also of concern is the expiration of the Airport Improvement Program in September 2007, which could mean a loss of grants for airport capital projects unless funds are re -authorized. This Agreement expires on December 31, 2006, and an additional one-year agreement is requested. This Agreement will provide the assistance at the Washington D.C. level to ensure these projects keep on track and will provide the liaison needed between the County and key government and industry officials to assure that St. Lucie County International Airport interests are fully considered and advanced. An amount of $26,400 was budgeted in the 2007 budget to cover the cost of this agreement. FUNDS AVAILABLE IN ACCT#: Funds of $26,400 are available in the Airport Professional Services account (140-4210-531000-400). PREVIOUS ACTION: Board approved the previous Agreements on December 21, 2004 and December 21, 2005. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Consulting Agreement with AB Management Associates for an amount not to exceed $26,400 to provide Federal Governmental Affairs support services to facilitate the commissioning of the ASR- 11 radar, and funding for the proposed parallel runway, and to provide other services at the Federal level, and authorize the Chair or designee to execute the same. COMMISSION ACTION: CONCURREN . (]APPROVED [ ]DENIED Approved 5-0 [ ]OTHER: _____--- Reviews & Approvals ��County Att ey: OMB Q w 13 Purchasing Airport De : ether: Other: Finance:(Check for Copy only, if applicable) BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: November 8, 2006 Subject: AB Management Associates Consulting Agreement AIRPORT Diana Lewis, Director The Board approved prior annual Agreements with AB Management on December 21, 2004 and December 21, 2005. Services provided under these agreements included consulting services to assist getting approvals and funding at the Federal level for projects such as the new runway (Runway 9L/27R), and the ASR-11 surveillance radar in Fort Drum. The current Agreement expires on December 31, 2006 and another one-year Agreement is being requested. The assistance of AB Management Associates is required over the next year because Federal Aviation Administration (FAA) discretionary funding is still needed to complete the new runway. In Fiscal Year 2006, the FAA initially advised that anticipated funding for the runway would be delayed until the next fiscal year. Larry Barnett pursued getting funding with the FAA staff in Washington and in September 2006, the County received a $6.5 Million grant for the runway. Monitoring of the commissioning of the ASR- I I at Fort Drum is needed and will be facilitated with this Agreement. Additionally, oversight of the progress in continuing the Airport Improvement Program, which is set to expire in September 2007, is required. This program is critical to ensure grant funds continue for airport capital projects. Additionally, on -going interactions with key government and industry officials that will be provided under this Agreement to ensure the needs of the St. Lucie County International Airport are fully considered. Staff recommends that the Board of County Commissioners approve another one year Consulting Agreement with AB Management Associates for an amount not to exceed $26,400 to provide Federal Governmental affairs support services on the above noted projects. AB Management Associates, Inc. 6123 Lundy Place Pho: (703) 455-2332 Burke, Virginia 22015 Fax: (619) 353-2332 1pbabmgt@cox.net CONSULTING AGREEMENT AB MANAGEMENT ASSOCIATES, INC. AND ST. LUCIE COUNTY, FLORIDA STATEMENT OF WORK AB Management Associates, Inc. will continue to provide government affairs and other support to St. Lucie County, FL during 2007 to: (1) Facilitate and coordinate objectives to win additional federal Airport Improvement Program (AIP) funding support for tasks related to construction of the new parallel runway (9L/27R) at St. Lucie County International Airport; (2) Facilitate and coordinate ongoing objectives in conjunction with the federal installation, Initial Operating Capability (IOC) and commissioning of the ASR-11 radar at the Ft. Drum site during 2007 by the Federal Aviation Administration (FAA) to permit radar services at St. Lucie County International Airport and coverage for surrounding areas in Florida; (3) Provide continuing liaison, work on special projects or tasks, monitoring of issues, reporting of information and providing other services as may arise or be requested that relate to the Airport Improvement Program (AIP); Reauthorization of the Airport and Airway Trust Fund, along with its related capital programs including AIP, Facilities and Equipment and Operations; General Aviation Safety and Security; the Transportation Security Administration (TSA) and the Federal Contract Tower Program. AB Management's support and work will include, but not be limited to: Continuing assistance in identifying, developing and implementing ongoing targeted objectives, plans and approaches to win additional federal funding support for construction of the new parallel runway (9L/27R) through Airport Improvement Program (AIP) discretionary grants. Assistance in working to advance and implement ongoing objectives to facilitate actions necessary to assure completion of the ASR-11 project and commissioning of the radar during 2007 as a priority aviation safety enhancement for the airport and community. Continued work to recommend, schedule and participate in actions, meetings, briefings and other activities with key government and industry officials, airport executives, FAA officials and other staff to assure that St. Lucie County International Airport interests are fully considered and advanced; which permit timely, and cost-effective implementation of steps to enhance aviation safety and efficiency, and to facilitate other aviation and economic benefits that may result from a new parallel runway (9L/27R) and ASR-11 radar services. AB Management Associates, Inc. Page 2 Monitoring and dissemination of information, and performing other services and activities as may be appropriate, related to issues and action on federal matters pertinent to reauthorization of the Airport and Airway Trust fund and related programs including the Airport Improvement Program (AIP); general aviation safety security; the Transportation Security Administration (TSA) and the Federal Contract Tower Program. • Ongoing liaison and coordination with members of Congress, FAA officials, other legislative and executive branch officials and staff, and other government organizations and agencies such as the U.S. Department of Transportation (USDOT) as may be appropriate. Promotion of St. Lucie County International Airport objectives with aviation organizations including: The Aircraft Owners and Pilots Association (AOPA), American Association of Airport Executives (AAAE) General Aviation Manufacturers Association (GAMA), Helicopter Association International (HAI), National Air Traffic Controllers Association (NATCA), National Air Transportation Association (NATA), National Association of State Aviation Officials (NASAO), National Business Aircraft Association (NBAA), National Transportation Safety Board (NTSB) and others. • Dissemination of timely and accurate information concerning federal budget priorities and programs for the FAA and the USDOT which may be of interest to St. Lucie County International Airport officials, tenants, users and others to assure that adequate funding is sought to successfully facilitate local airport safety, noise abatement, efficiency and funding objectives. Monitoring, collecting, and disseminating information and intelligence about federal executive and legislative branch policy issues which may have an influence on the St. Lucie County International Airport, the parallel runway (9L/27R) project and other identified objectives. • Tracking of national, local and trade press/media coverage of interest to St. Lucie County International Airport officials, tenants, users and others relevant to FAA funding for the 9L/27R parallel runway construction project, other aviation safety projects and programs, and publicity or public relations opportunities and activities of interest or concern. Performing any additional tasks, work or special projects at the specific direction of the Airport Director at the St. Lucie County International Airport as agreed upon in writing. AB Management Associates, Inc. Page 3 COST AND SCHEDULE AB Management Associates, Inc., fee is $2000 per month plus reasonable and customary expenses not to exceed $200 per month unless prior approval for additional fees and expenses is received from the Airport Director or other designated St. Lucie County representative. This guarantees 10 hours per month of AB Management availability. Any time worked in excess of the guaranteed availability will be billed at a rate of $200 per hour. AB Management will invoice monthly on terms of net amount due in 30 days. A summary of time, work accomplished and expenses will be provided along with copies of all receipts. AB Management and St. Lucie County agree to a 12-month performance period beginning 1 January 2007 and ending 31 December 2007. At the conclusion of the performance period, AB Management and St. Lucie County have the option to renegotiate a revised monthly fee based on an anticipated workload or a revised statement of work. This agreement permits early termination without cause on a 30-day written notice by St. Lucie County or AB Management. ST. LUCIE COUNTY, FLORIDA AB MANAGEMENT ASSOCIATES, INC. B: B Y Y: L y P. Barnett Title: Title: President Date: Date: November 8, 2006 C UNTY F L a R t D A AGENDA REQUEST ITEM NO. C-7B DATE: Nov. 28, 2006 REGULAR[ ] PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Director SUBMITTED BY: Airport Diana D. Lewis SUBJECT: Request for approval of Kimley-Horn Work Authorization for Phase 3 Security Fencing & Culvert Plan Preparation, Permitting Assistance, Bidding & Construction Phase Services and Construction Management at the St. Lucie County International Airport. BACKGROUND: The Federal Aviation Administration will fund $77,059; Florida Department of Transportation (FDOT) will fund $2,028 with a local match of $2,028 for a project total of $81,115. This scope will enable the Airport to begin the final installation of security gates, culverts to complete the security fencing project. FUNDS AVAILABLE IN ACCT#: To be determined. PREVIOUS ACTION: FAA funds accepted September 2006 and FDOT funds accepted November 2006. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Kimley-Horn Work Authorization in the amount of $81,115 for security fencing & culvert plan preparation, permitting assistance, bidding and construction phase services, and construction management for the St. Lucie County International Airport and authorize the Chair or designee to execute same. COMMISSION ACTION: CONCURRENCE: %APPROVED [ ] DENIED Approved 5-0 [ ] OTHER: 4 - " , X'/'1_ _� Reviews & Approvals County Attorney: OMBf W ( Purchasing Originating Dept: Other: Other: Finance:( Check for Copy only, if applicable) BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: November 14, 2006 AIRPORT Diana Lewis, Director Re: Agenda C-7B, November 28, 2006, Kimley-Horn Scope of Service for Security Gates & Culverts The security fencing at the St. Lucie County International Airport has been a multi -year project that began in 2002 as funds became available from the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). This phase will hopefully complete the security fencing. Kim ley -Horn will prepare the final drawings for the bid documents; oversee the bid phase and construction administration for a cost of $81,115. The Federal Aviation Administration will fund $77,059; Florida Department of Transportation (FDOT) will fund $2,028 with a local match of $2,028 for a project total of $81,115. This scope will enable the Airport to install the security gates and culverts remaining in the security fencing project. Staff recommends that the Board of County Commissioners approve Kimley-Horn Work Authorization in the amount of $81,115 for security fencing & culvert plan preparation, permitting assistance, bidding and construction phase services and construction management for the St. Lucie County International Airport and authorize the Chair or designee to execute same. WORK AUTHORIZATION NO. _ St. Lucie County Board of County Commissioners St. Lucie County International Airport Agreement No. CO3-10-636 Phase 3 Security Fencing & Culvert Plan Preparation Permitting Assistance; Bidding and Construction Phase and RPR Services Pursuant to that certain Contract (the "Agreement') between St. Lucie County (The "Count}'), as successor in interest to the St. Lucie County Port and Airport Authority, and Kimley-Horn and Associates, Inc. (the `Engineer") dated October 14, 2003, the Engineer agrees to perform and successfully complete the Scope of Services along with the schedule for completion of the work attached hereto and made a part hereof as set forth in Exhibit A. Compensation to the Engineer shall be as described in Exhibit B. IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective as of 2006. ATTEST: BOARD OF COUNTY COMMISISONERS ST. LUCIE COUNTY, FLORIDA BY: APPROVED AS TO FORM AND CORRECTNESS: -HORN AND ASSOCIATES, INC. BY: David R. Bardt, P.E., Vice President DATE: ! t ltql EXHIBIT A SCOPE OF SERVICES FOR St. Lucie International Airport Phase 3 Security Fencing & Culvert Plan Preparation Permitting Assistance; Bidding and Construction Phase and RPR Services Overview The general scope is to provide professional engineering and construction phase services for improvements at St. Lucie County International Airport. This work order involves investigations; design; preparation of drawings, estimates, and specifications; permitting; project bidding assistance; and construction phase services for perimeter security fencing and access gates and culvert crossings of existing ditches intersecting the fence line. Task One — Design Phase During the design phase, the Engineer will prepare construction plans, technical specifications, Engineering Report and a Preliminary Opinion of Probable Construction Cost for the installation of approximately perimeter fencing, sv inj gates and culvert crossings at 7 locations; approximately 1500 linear feet of fence along Industrial. 33 Ave; and airside fencing of the Phoenix Metals and Metal Fasteners leaseholds. It is anticipated that the plan sheets will include: 1. Cover Sheet 2. Key Sheet 3. Plan Sheets 4. General Notes 5. Gate and Fence Detail Sheets 6. Culvert Details 7. Safety Plan and Notes Engineer will submit plans to County for review at 90%. Comments or questions raised by County at this review will be incorporated in the 100% plans. The Engineer will, through the services of subconsultant, determine the appropriate percentage of DBE participation to establish as a goal specific tb this project. Deliverables: 1. 5 copies (11"xl7') of the plans at 90% & 100% completion 2. 5 copies of Technical Specifications at 90% & 100% completion. 3. 5 copies of Engineering report at 901/6 & 100% completion 4. Preliminary Opinion of Probable Construction Cost at 90% & 100% completion. 5. Electronic Copies of Plans and Specifications at 100% completion. Task Two — Permitting Permit ureuaration and submission KRA will prepare an application for submission for a nationwide permit to the U.S. Army Corps of Engineers for the impacts to waters of the United States as required by the Clean Water Pict Section 404. KHA will also prepare an application for submitting an Individual Environmental Resource Permit to South Florida Water Management District. Both the ERP and USACE Section 404 permits will be such that there is less than one-half acre of impacts (< 0.5 acres of impacts). Additionally KHA will submit an environmental permit to St. Lucie County Environmental Resource Division (SLC-ERD) regarding the proposed work. We anticipate no impacts to listed species by this work. Site review KHA will review the areas of the proposed work for environmental and ecological conditions as to support permit preparation. KHA will set in the field any wetland boundaries (flags an stakes will be set) relative to areas of proposed impact for agency review. Ousite agency review KHA proposes to perform one site visit with each agency independently. Follow-up KHA will make periodic follow-up calls to the respective agencies regarding permit issuance. Additional Services Tbis scope of work does not include: • Consultation with the U.S. Fish and Wildlife Service (USFWS) regarding any listed species • Preparation of any wildlife mitigation plans for USFWS nor SLC-ERD • Preparation of any wetland mitigation plans for USACE nor SFWMD • Preparation of any tree surveys for SLC-ERD • Preparation of any vegetation mitigation plans for SLC-ERD • Responses for any Requests for Additional Information (RAI) • Any other efforts not explicitly stated in the scope of services. Any such additional services will be performed on a cost plus basis. The County will be responsible for all permit application fees which. Deliverables: 1. Copies of permit applications and supporting documentation for your execution and submission to the appropriate agencies with the appropriate permit fees. Task Three - Bid and Award Services After acceptance by the County of the Bidding Documents (100% Plans and Technical Specifications) and the most recent opinion of probable Construction Cost, and upon request by County, we will: 1. Attend a Pre -Bid meeting for prospective bidders 2. Provide responses to questions raised by potential bidders during advertisement and review time. 3. Prepare up to one (1) addendum as may be required during the advertisement. 4. Review bids submitted and assist the County in evaluating bids. 5. Through the services of a subconsultant, review the DBE participation and good faith efforts to meet DBE goals by the bidders Information Provided by the Owner; 1. Copies of all bid proposals to be reviewed Deliverables: 2. Responses to bidder questions (as necessary). 3. Addenda during the advertisement (as necessary). Task Four Construction Phase Services During the construction phase, we will: 1. Participate in a Pre -Construction Conference before commencement of Work at the Site. 2. Provide full time Resident Project Representative to observe the progress and quality of the Work- 3. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work 4. Recommend Change Orders and Work Change Directives to County, as appropriate. 5. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a fimnctioning whole as indicated in the Contract Documents. 6. Based on our observations and on review of Applications for Payment and accompanying supporting documentation make recommendations to County regarding the amounts that the Contractor should be paid on a monthly basis (up to 2 payment requisitions). 7. Through the services of a subconsultant, review DBE and Davis Bacon Act Compliance for each pay application (up to 3) 8. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that we may recommend, in writing, final payment to Contractor. 9. We shall not be responsible for the acts or omissions of any Contractor, or ofany of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. We shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Schedule Task One will be completed with in 45 days of notice to proceed to the Engineer. Task Two and Three will be established to coincide with the County's schedule for bidding and construction. in k 2 7§ k § e 2 §§ % § �m_a_inLn en-tn _ 7 � $ % %0 n - ® In eq « § $ § ' 00 a o m V) �V4'o�r,C4_00 �'n �2 - a � b § 7 § 2 � k ) % 2 k� k gt ~ —® ----�_—_�� fnm ��� /2 ■� ® ■����j kf©o � ■ � � : 22� R ® § las 2 & ° k ° ) §,�& —�n�����.• 12 4"§ §§ § en � ~ e� 00NN as m n 0 1 . m 00) � _ n� Q + � o Q 2 � G§ vi k £ ®�K ���2a 2 oo n q # _ - ■tea §�§ . . .. . � $ 2 ■ 7 � � �` i ) § a § � � % � �� ■ ' � o . $ � §2• & � $2I $ �$an ■ 02J @ § q J222§ .+, Missy Stiadle„- Re: County Commission Agenda for 11/28/06 REVISED From: Diana Lewis To: Stiadle, Missy Date: 11/22/2006 8:13 am Subject: Re: County Commission Agenda for 11/28/06 REVISED Missy, after meeting with Faye and Heather Y yesterday, the Airport Leasing Policy, C7C, is being pulled and will be put on a meeting in December. Thanks. >>> Missy Stiadle 11/21/2006 2:08 PM >>> Attached is the revised agenda. Have a great Thanksgiving!! Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce, FL 34982 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT ITEM NO. C-7-C DATE: November 28, 2006 REGULAR( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: DIANA LEWIS, DIRECTOR SUBJECT: Request approval of Airport Leasing Policy for the St. Lucie County International Airport BACKGROUND: Staff has been in the process of trying to negotiate lease amendments with existing tenants, and there have been disagreements on some of the suggested changes in the leases. Due to the complexities of trying to reduce risks and costs to the County, previous lease language is being updated. Rather than take these leases to the Board, staff felt that the Board should provide staff first with some policy guidance on the Board's expectations for leases. With this guidance, staff will be better able to consistently apply lease requirements. An Airport Leasing Policy has been drafted based on the research of other airports and these policies have been coordinated with County Administration, the County Attorney's Office, and staff from the Tourism & Economic Development Division. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ( ) APPROVED Oq OTHER C7C Pulled prior to meeting. Not applicable Not applicable Staff requests Board approval of the attached Airport Leasing Policy for the St. Lucie County International Airport ( ) DENIED Coordination/Signatures County Attorney () Mgt. & Budget ( ) Originating Dept. O - Other ( ) CONCURRENCE: z� Z-el�l ------------- UG NDERSON COUNTY ADMINISTRATOR Purchasing( ) Other( ) Finance: (check for copy, only if applicable) I BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: November 15, 2006 AIRPORT Diana Lewis, Director Re: Request Approval of Airport Leasing Policy for the St. Lucie County International Airport Staff has been in the process of trying to negotiate lease amendments with existing tenants, and there have been disagreements on some of the suggested changes in the leases. Due to the complexities of trying to reduce risks and costs to the County, previous lease language has been updated to better protect the County. Rather than take these leases to the Board, staff felt that the Board should provide staff first with some policy guidance on what the Board's expectations are for leases. With this guidance, staff will be better able to consistently apply lease requirements. Additionally, the leasing policy can be provided to any potential tenants so that they understand the requirements prior to any lease negotiations. An Airport Leasing Policy has been drafted based on the research of other airports and these policies have been coordinated with County Administration, the County Attorney's Office, and staff from the Tourism & Economic Development Division. f St. Lucie County International Airport DRAFT LEASING POLICY AND PROCEDURE 11/15/06 Policy The St. Lucie County Board of County Commissioners (Board), as the governing agency controlling the St. Lucie County International Airport, is responsible for leasing Airport land according to Local, State, and Federal law including, but not limited to, the guidelines and grant assurances of the Federal Aviation Administration (FAA), the Florida Department of Transportation (FDOT), County Administrative Code, and Resolutions adopted by the Board. It is the policy of the Board to lease property on Airport for aviation purposes as a first priority. If there is no aviation purpose that can be identified for a site available for lease, the Board will consider non -aviation proposals. Authority to Lease All leases and subleases require the approval of the Board of County Commissioners. The Board must also approve all amendments to such leases. The Board has in the public interest, the right to: 1. Impose and update from time to time fair and reasonable operating requirements and standards for commercial and non-commercial activities that are conducted on airport property. 2. Impose and adjust from time to time fair and reasonable fees, rents, or other charges, for the privilege of conducting commercial and non-commercial activities upon Airport property, the proceeds of which is to be used to pay for operating, maintenance, and development expenses of the Airport. The rates and fees charged by the Airport are meant to be structured to make the Airport as self-sustaining as possible, while ensuring fair and reasonable rates. No person, group of people, firm, or corporation shall locate a commercial business activity within the boundaries of the St. Lucie County International Airport without the written approval of, or under the specific terms and conditions of, a lease agreement or other operating agreement with the Board and, as necessary, approval by the Federal Aviation Administration. No one shall enter upon airport property for the purpose of conducting any commercial activity that is competitive to any existing airport tenant without the written approval of the Board, and when necessary, the Federal Aviation Administration. Land Uses Land uses on the Airport are described in the Airport Master Plan and Airport Layout Plan, which have been developed and periodically updated along with any associated environmental impact documents. These documents are reviewed and approved by the FAA, the FDOT, and the Board, after a public review and input process. These documents serve to guide Airport staff in making land use leasing recommendations to the Board for approval. The lease documents specify the allowed uses of airport land and any land use restrictions that may apply. Competitive Lease Proposals Airport property identified for aviation uses may be leased without seeking competitive proposals when it is in the best interest of Airport, such as when supporting community aviation needs. This is usually done only when there is a surplus of airport land available for lease, and when not more than one party has expressed an interest in leasing a particular parcel of land. In some instances, lessees leasing land that adjoins a vacant parcel may be given the first opportunity to U lease the adjoining parcel. An appraisal or market analysis will be used to establish lease rates. The potential tenant is leasing property in an AS IS condition and must use due diligence in investigating the condition of the site or facilities. Competitive proposals for leases for non -aviation uses including industrial uses will be required after establishing a starting rent through an appraisal process to set fair market value. This process will involve Board review and selection of the proposal based on financial standing, lease rate, ability to construct in a timely manner, provisions for any unmet aviation segment to serve the general aviation or commercial service needs, and investment in, and appearance of the facilities to be constructed. Operating fees or percentage of gross sales may alternatively be used in determining a rental rate for non -aviation uses. A minimum deposit of three months of rent will be required on the execution of any lease, which can be returned to the Lessee at the end of the lease if the Lessee leaves the property in good condition, normal wear and tear excepted, has removed and appropriately closed all fuel or other storage tanks, and after all rent due is paid. Length of Lease Term To allow the County the greatest flexibility in making land use decisions over time, lease terms are generally limited to the shortest term possible. When necessary, fixed -term leases are granted for the minimum number of years to allow a lessee to amortize, and receive a reasonable return on, the lessee's investment in leasehold improvements. A formula to determine term based on investment is to grant one year of lease term for each $5,000 invested per acre of leased land, with a maximum term for aviation leases set at 40 years. Accordingly, to qualify for a forty -year term on a 5-acre parcel, a lessee would have to invest $1,000,000 in approved leasehold improvements ($5,000 x 5 acres x 40 years = $1,000,000). The $5,000 per acre per year formula for determining the length of lease term is a minimum requirement. Airport industrial land leases typically have the same minimum investment requirements, at $5,000 per acre per year, with a maximum lease term of 40 years. Extensions of term beyond this timeframe may be negotiated subject to the additional investment as noted above. Both aviation and industrial leases will be subject to periodic adjustments to keep pace with the rising cost of land. Lease terms for other non -aviation use properties may have different investment requirements and longer or shorter lease terms based on the proposed use. Leases where there is no investment by the lessee will be on a month -to -month basis, depending on the circumstances. Fair Market Rental It is a policy of the Board, and a requirement of the FAA and FDOT, that the Airport receive fair market value when leasing airport land. Achieving fair market value usually starts with an appraisal requisitioned by the Airport, followed by negotiations between Airport staff and the lessee, or prospective lessee, to reach agreement on terms. The County typically negotiates for a rent based on a 9% return on the appraised value of the land. Restaurants, hotels, golf -driving ranges, and certain other land uses, usually result in rentals based on a percentage of the lessee's gross income, as is customary for such leases. Leases with a term exceeding ten years in length shall provide for renegotiation of rent to market value at ten-year intervals. Annual adjustments based on Consumer Price Index (CPI) or 2 %, whichever is greater, will be required in intervening years to ensure that the value of land leased adjusts accordingly. Lease Contracts and Leaal Review County lease contracts are intended to transfer to the lessee the liabilities associated with possession and control of real property regarding compliance with all federal, state and local laws and regulations, including those pertaining to the use, storage and disposal of hazardous materials and maintenance of the facility. All County leases shall be written on a form approved by County Attorney's Office and shall, at a minimum, conform to local/regional standards of tenant responsibility and liability and consistency with all FAA and FDOT guidelines and grant assurances. County leases may contain more restrictive clauses than private sector leases to better protect the public interest. The County requires strict compliance with the Airport's security program and all federal, state and local laws, particularly environmental laws such as hazardous materials management, spill control and counter measures plans, and storm water pollution prevention regulations. Any violations caused by the tenant for failing to comply with any of the federal, state or local laws will be the sole responsibility of the tenant. Lease language may be periodically updated to reflect changes in real estate law and to meet changing economic and other risks associated with the ownership of land. During the term of a lease, lease amendments may be agreed to between the parties to effect changes to the rent or other economic lease provisions, or to update antiquated lease language that no longer protects one or both of the parties as originally intended. Construction of Leasehold Imorovements Airport leases typically require the construction of leasehold improvements, which will be owned by the lessee during the term of their lease and which will revert to the ownership of the County at the end of the lease term. Height restrictions, lot -line set backs, parking requirements, building design, quality of construction, and other requirements are controlled by the County' Land Development Code, County building code requirements, and FAA design standards. A performance bond may be required to guarantee the timely construction of required leasehold improvements. A potential lessee that has a conceptual approval from the Board has no more than 120 days for a due diligence period prior to entering a lease with the County for the land. This 120-day period should include filing a site plan/conditional use applications, completing an environmental phase 1 audit, and submitting an FAA airspace study review. If development does not occur in a timely fashion, the performance bond and all rights to leasing the property will be forfeited. Exceptions may be allowed by the Board, but this must be based only on reasons beyond the control of the potential lessee. Lease Extensions Existina Tenants and Eauitv A lease extension may be granted to a tenant who has fully complied with all terms and conditions of the lease, including timely payment of rent, and if granting an extension would be in the best interests of the County. Existing tenants may submit a request for a new lease six months prior to the end of their lease. The County is not obligated to accept such a request, but will consider all proposals, evaluating them in light of the following criteria: • Existing/proposed use must be consistent with Airport Layout Plan, Master Plan, Zoning, Comprehensive Plan, and other relevant land use planning documents. • County must determine that there is no immediate need for the land after the current lease expires. • Lessee must be in good standing (i.e., compliant with existing lease terms including timely payment of rent and other operating fees). • New capital investment shall apply to qualify for a term in excess of the current termination date at current standard (see "Length of Lease Term" above). • County shall determine whether or not the public interest would be better served by allowing the lease to expire so that potential new tenants may participate in a competitive selection process. • If the developments on the site are to revert to County ownership, the County may chose to retain ownership of the facilities and to lease back to the Lessee with the extended lease term or the County require payment for the present value of its reversionary interest in the leasehold improvements. It is the practice of the Airport to negotiate lease extensions when it is in the best interest of the aviation community or when a surplus of land is available for lease and there is no written notice of interest by third parties in bidding on the particular parcel of land covered by the expiring lease. Typically, Airport leases provide that at the end of the lease the improvements will become the property of the County regardless of who originally installed the improvements. If a lease is extended prior to the expiration of its term, the County may require payment for the present value of its reversionary interest in the leasehold improvements. This interest is referred to as Equity. The amount of equity is based on appraising the value of the improvements as of the end of the lease, and discounting that value to a present value. Typically, an appraisal is done by the Airport to establish this value, and negotiation may ultimately be involved to settle on terms acceptable to both the County and the lessee. The County will permit an amortization of the equity it is owed, with interest, over a period of months not to exceed approximately 50% of the extended lease term. The purchase of the County's equity interest by the lessee, whether by cash payment or amortization, may be counted as part of the investment requirement in establishing the length of extended term, as discussed above under "Length of Lease Term". Procedure for Granting a New Lease to an Existing Lessee for a Longer Term At times, part way though an existing lease, a Lessee may express interest in constructing new capital improvements in exchange for an extension of a lease. This can be in the County's best interest because: (1) it provides for new and improved aviation and/or industrial facilities earlier than if Airport was to wait until the lease terminates; (2) it prevents deferred maintenance, which can be common in the final years of a long term lease; and (3) it allows a successful business to continue on at the airport. The initial term for leases is typically 40 years or less. The procedure for a lease extension includes: 1. County receives a written request from Lessee, proposing a new lease. 2. County staff reviews Lessee's proposal to determine if: • Lessee is in good standing and provides a valuable service to the local aviation and/or business community. • The existing or proposed use is appropriate and consistent with the Airport Layout Plan, Master Plan, Zoning, Comprehensive Plan, and any other relevant land use planning documents. • No written Notice of Interest by other parties to bid on this premises have been received by County. • County has no need for this area upon the termination of the existing lease. 3. If it is determined that it is appropriate to enter into a new lease, County Attorney's Office will draft a written lease amendment to Lessee, subject to Board approval. This proposal will detail the Capital Improvement Requirements and the Equity Payment that may be paid to County for postponement of County's reversionary interest in the property. 4. Upon acceptance by Lessee, the proposal is placed on the agenda for the Board to approve the lease. There is public notice of all items on the Board Agenda and public comment on any item is accepted upon request. s ST.LUC1E COUNTY F l 0 R i D A AGENDA REQUEST ITEM NO. C-8 DATE: 11-28-06 REGULAR [] PUBLIC HEARING [] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson/Parks & Recreation Director SUBMITTED BY: Parks & Recreation/Savannas Recreation Area SUBJECT: Equipment Request 07-292/Budget Amendment 07-018 BACKGROUND: The Savannas Recreation Area is setting up a concessions area/camp store in the Trading Post. As part of it, staff wants to sell sodas and snacks and has located a vending machine that has slots for both sodas and snacks. This will make it much easier to merchandise and to keep control over the inventory. With a pre- determined number of slots, it will help insure that we are not overstocked and don't incur spoilage. It will also help prevent theft. The machine will provide for 9 snacks and 5 sodas and costs $1650, including shipping and delivery. Because this was not approved in the current budget, Board approval is needed now, in addition to approval of a transfer of funds into the Machinery and Equipment account. FUNDS AVAILABLE: Funds will be made available in 001-7220-564000-700 (Savannas, Machinery and Equipment) RECOMMENDATION: Staff requests Board approval of Equipment Request No. 07-292 and Budget Amendment 07-018 for the purchase of a combination snack and soda vending machine in the amount of $1650 for the Savannas Recreation Area. COMMISSION ACTION: LX] APPROVED [ Approved 5-0 ] DENIED { j OTHER: CONCURRE CO D gla M. Anderson Count Administrator Review and Approvals G5 County Attorney: Management & Budget ZU.., MNLnPurchasing: Originating Dept. Other: Other: Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director Subject: Approval of Agenda Item #C-8 Date: 11/16/2006 The Savannas Recreation Area is setting up a concessions area/camp store in the Trading Post. As part of it, staff wants to sell sodas and snacks and has located a vending machine that has slots for both sodas and snacks. This will make it much easier to merchandise and to keep control over the inventory. With a pre -determined number of slots, it will help insure that we are not overstocked and don't incur spoilage. It will also help prevent theft. The machine will provide for 9 (nine) snacks and 5 (five) sodas and costs $1650, including shipping and delivery. because this was not approved in the current budget, Board approval is needed now, in addition to approval of a transfer of funds into the Machinery and Equipment account. We spoke with Pepsi directly and they do not have a machine to provide our needs, therefore they will supply the product. This also applies for the snack machine vendor due to the space allocation. The snack vendor is currently approved for servicing the Civic Center, juvenile court and the courthouse. Although we have the option of adding the Savannas for the reasons outlined, we have opted not to use his services in this particular instance because he does not meet our needs and it is more profitable for staff to stock the machine directly in order to concession revenue projections. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File TO: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: ACCOUNT NUMBER 001-7220-564000-700 FROM: 001-7220-534000-700 Parks & Recreation 11 /15/2006 11 /28/2006 ACCOUNT NAME AMOUNT & Equipment $1,E Other Contractual Services $1,650 REASON FOR BUDGET AMENDMENT: Funds required to purchase vending machine for concession area at the camp store in the Trading Post at Savannas. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA07-018 DOCUMENT # & INPUT BY: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: Parks and Recreation RECOMMENDED: X YES I NO REVISED DIVISION: Recreation - Savannas APPROVED: YES INO X REVISED Pa w _-•'' ffi § A^� EQUIPMENT: Snack Machine ADDITIONAL COSTS jj BUDGET AMOUNT: $1,650 X NEW REPLACEMENT YES X NO JI6?RE6 YT'1;-s�5+f,,,�i�".:ic;�ti�., JUSTIFICATION: The Savanna's Recreation Area is setting up a concessions area/camp store in the Trading Post. As part of it, staff wants to sell sodas and snacks and has located a vending machine that has slots for both sodas and snacks. This will make it much easier to merchandise and to keep control over the inventory. With a pre -determined number of slots, it will help insure that we are not overstocked and don't incur spoilage. It will also help prevent theft. The machine will provide for nine (9) snacks and five (5) sodas. Budgeted price includes shipping and delivery. EQUIPMENT REQ#: EQ07-292 ACCOUNT#: 001-7220-564000-700 Home Snack/Soda Vend Medical Vending Impulse Machines Change Machines Coin Counters Vending Stands Gumball Machines Gumballs Bulk Candy Bouncy Balls Capsule Machines Vending Capsules Sticker Vending WinetCoid Dispenser Vending Packages ATM Machines Popcorn Machines links Shipping Info Return Policy Resources sssowLmff' AM RFuaai PR4GNAM - Show Order - Privacy Policy Info Search Index 'V!SHOPPING Vending Machines Unlimited 9-5 Snack and Soda Combination Snack and Soda Combination Vendors: This machine has a high enough capacity to service even the highest traffic locations. In any location this attractive vendoring machine will sell! Offer a great variety of product to your customers, in the wide variety of locations these vendors will serve. Combination Vending = High Profits! Mechanical vendors require exact change and do not accept dollar bills. 9-5 Combination Dimensions: 53" (1346mm)H 30.5" (775mm)W 22.5" (572mm)D Total Capacity: 111 snack 155 soda Shipping Weight: 235 Ibs (107kg) This product is shipped via a curb side freight company. There may be an additional charge for residential delivery, and a lift gate charge if you require help moving the product from the truck into your home or business. Please see our Shipping Info page for further information. S9-5C Regularly $1,299.00 Our price is only: 51,199.00 Shipping cost for this item is $300: (+$300) Do you require a lift gate?: Yes, lift gate charge is (+$100) Add optional stand: Yes, add stand (+$50) Add this item Shipping information: Shipping cost to the 48 contiguous states is listed under each item - The order total is the cost of the machine plus the listed shipping price, and any applicable taxes. Most items will take 7-14 days to be delivered. (If shipping out of the contiguous 48 States we will need to give you a shipping quote. Please email us your zip code and the machines wanted.) 751 We gladly accept Visa and Mastercard and debit cards with the NN\� Visa or Mastercard logo vending machines, snack vending machines, soda vending machines http://www.vendingmachinesunlimited.com/95snandsoco.html 11/14/2006 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Mosquito Control ITEM NO. 9 Date: November 28, 2006 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: James R. David Mosquito Control Director SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with CGW Mitigation Bank BACKGROUND: Attached to this agenda is a copy of a proposed Bear Point Mitigation Bank Credit Reservation Agreement with CGW Mitigation Bank. The agreement provides for the developer to reserve 6.0 dual Federal and State credits. The reservation price is one hundred forty-seven thousand and 00/100 dollars ($147,000.00), and has been paid in full. FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with CGW Mitigation Bank, pending review and approval/changes of the Agreement by the County Attorney's Office, and authorize the Chairman to sign the Agreement. COMMISSION ACTION: [Xj APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ounty Attorney: riginating Dept.: U/1nance (Check for jlonly, if applicable): CONCURREN DougfasX4. Anderson County Administrator �� Coordination/Siznatures "Mgt. & Budget: Purchasing: Other Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: James R. David, Mosquito Control Director DATE: November 15, 2006 SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with CGW Mitigation Bank BACKGROUND: Attached to this memorandum is a copy of a proposed Bear Point Mitigation Bank Credit Reservation Agreement with CGW Mitigation Bank. The agreement provides for the developer to reserve 6.0 dual Federal and State credits. The reservation price is one hundred forty-seven thousand and 00/100 dollars ($147,000.00) and has been paid in full. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with CGW Mitigation Bank, and authorize the Chairman to sign the agreement. Respectfully submitted, James R. David Mosquito Control Director Attachment JD/ Copies to: County Administrator Finance Director Management and Budget Director Mosquito Control Director MITIGATION BANK CREDIT RESERVATION AGREEMENT THIS AGREEMENT made and entered into this day of , 2006, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and CGW Mitigation Bank, ("CGW Bank"), whose address is WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the CGW Bank is the operator of a Mitigation Bank lying in the Bear Point Mitigation Bank's Service Area, ("Site"); and, WHEREAS, the Banker intends to sell the credits to Site developers in a manner consistent with all local, state, and federal regulations within the Bear Point Mitigation Bank Service Area; and, WHEREAS, the CGW Bank desires to reserve six dual State and Federal mitigation credits in the Bear Point Mitigation Bank ("Credits") in order to seek the necessary permits for proposed developments within the overlapping Service Areas; and. WHEREAS, the County is willing to reserve the requested credits pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The County agrees to reserve six Dual Federal/State Credits for the CGW Bank as set forth in this Agreement to CGW Mitigation Bank. The parties acknowledge and agree that release of the reserved credits is not guaranteed until after the January 1, 2007 (4 state and 2.3 federal) and January 1, 2008 (2 state and 3.7 federal) state and federal annual credit releases . Release of the reserved credits will be subject to the approval of the Florida Department of Environmental Protection. The term of this reservation shall begin on the date first written above and shall continue for a period of three (3) years from the date of this Agreement, subject to extension upon the prior written agreement of the parties. 2. In consideration of such reservation, the parties acknowledge and agree that the CGW Bank has paid the County a non-refundable reservation fee -1- ("Reservation Fee") in the total amount of one hundred forty-seven thousand and 00/100 dollars ($147,000.00) based upon twenty-five percent (25%) of the current price of the reserved Credits upon the date of this Agreement as set forth in the Reserved Credit Allocation. 3. It shall be the responsibility of the CGW Bank to provide the regulatory agencies with a copy of the receipt or other acceptable proof indicating reservation of the Credits. 4. In the event the permits for the Property are issued, the parties shall enter into a Mitigation Bank Credit Purchase Agreement for the required number of Credits. The amount of the Reservation Fee shall be credited against the Credit purchase price. In the event the permits for the Project are not issued, the County shall retain the Reservation Fee and the Developer shall have no claim against the County for the Reservation Fee or the reserved Credits. 5. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal -2- court. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN ATTEST: SECRETARY g:\atty\f6rrns\bearpt. sunset. beach.res. wpd APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SUNSET BEACH INVESTMENTS, L.L.C. BY: PRESIDENT -3- (SEAL) EXHIBIT "A" RESERVED CREDIT ALLOCATION Dual Credits Reservation Fee Remaining Cost Total Cost 6.0 $147,000.00 $441,000.00 $588,000.00 In AGENDA REO UEST ITEM NO: C -10-A DATE: November 28, 2006 Regular[ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: i?./- SUBMITTED BY: Community Services Division Corine Williams, Transit Manager SUBJECT: Approval of Resolution 06-372 and authorization to apply and accept the 2005/06 grant for $1,269,167 from the U. S. C. 5307 Federal Transit Administration grant program, acceptance of the award and approval of the Subgrant Agreement with Council on Aging for the implementation of the program. BACKGROUND: Each year since FY 1992/93, St. Lucie County has applied for grant funding from the Federal Transit Administration to fund operating and capital costs for the contracted transportation provider for St. Lucie County, Council on Aging/Community Transit. The total project cost is $1,835,270 with $703,064 allocated for capital assistance and $1,132,206 for operating assistance. Operating assistance requires a 50% match ($566,103) and will come from the SLC Public Transit MSTU. The match for capital expenses will be met with toll revenue credits in the amount of $175,766.00. FUNDS AVAIL: A 50% ($566,103) match for the operating portion of the grant is required and will come from the SLC Public Transit MSTU Account 130-4910-582015-400. PREVIOUS ACTION: N/A. RECOMMENDATION: Approval of the grant application and Resolution No. 06-372, acceptance of the FTA grant and authorization for the Chairman to sign all documents necessary and approval of the Subgrant Agreement with Council on Aging for the implementation of the program. COMMISSION ACTION: CONCURRE CE: ] APPROVED [ ] DENIED [ ] OTHER Approved 5-0 u as M Anderson Z Coordination/Signatures County Attorney: x 91r p , fyN Management & Budget x Purchasing: x Originating Department: x Other: Other: Finance: x Check for copy only, if applicable s a i COMMUNITY SERVICES � a PIR R MEMORANDUM #07-46 TO: Board of County Commissioners FROM: Beth Ryder, Community Services Director SUBJECT: Approval of Resolution 06-372 and authorization to apply and accept the 2005106 grant for $1,269,167 from the U. S. C. 5307 Federal Transit Administration grant program, acceptance of the award and approval of the Subgrant Agreement with Council on Aging for the implementation of the program. DATE: November 28, 2006 Each year since FY 1992193, St. Lucie County has applied for grant funding from the Federal Transit Administration to fund operating and capital costs for the contracted transportation provider for St. Lucie County, Council on Aging/Community Transit. The total project cost is $1,835,270 with $703,064 allocated for capital assistance and $1,132,206 for operating assistance. Operating assistance requires a 50% match ($566,103) and will come from the SLC Public Transit MSTU. The match for capital expenses will be met with toll revenue credits in the amount of $175,766.00. Recommendation: Approval of the grant application and Resolution No. 06-372, acceptance of the FTA grant and authorization for the Chairman to sign all documents necessary and approval of the Subgrant Agreement with Council on Aging for the implementation of the program. RESOLUTION NO.06-372 A RESOLUTION DESIGNATING THE COMMUNITY SERVICES DIRECTOR AS THE AUTHORIZED STAFF PERSON FOR ST. LUCIE COUNTY AUTHORIZED TO ELECTRONICALLY FILE THE 49 U.S.C. SECTION 5307 FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: l . This Board is authorized to file applications for transit related grants to the Federal Transit Administration and the Florida Department of Transportation. 2. This Board is authorized to provide public transit services for St. Lucie County under State and Federal Law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 1. This Board hereby authorizes the submission of a 49 U.S. C. Section 5307 Grant Application with the Federal Transit Administration for Fiscal Year 05/06 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. 3. This Board further designates the St. Lucie County Community Services Director to electronically execute any and all documents necessary including the application, agreements, assurances, reimbursement invoices, warranties and other documents on behalf of the Board and its Chairman which may be required by the Federal Transit Administration and/or the Florida Department of Transportation. 4. This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft XXX Vice Chairman Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Doug Coward XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED this 28th day of November 2006 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney PROJECT BUDGET $1 269,167 QUANTITY' FTA AMOUNT TOTAL ELIG. COST SCOPE 1 l 1-00 BUS ROLLING STOCK 4 632,464 632,464 ACTIVITY 11.12.40 PURCHASE ASSOC. CAP. MA.INT. 32,464 32,464 11.13.04 PURCHASE EXPANSION BUS <30 FT 4 600,000 600,000 i SCOPE H 3-00 BUS STATION STOPS & TERMINALS 200 20,000 20,000 ACTIVITY 11.32.09 ROUTE SIGNING 200 20,000 20,000 SCOPE 114-00 BUS SUPPORT EQUIP/FACILITIES 10 12,700 12,700 ACTIVITY -� 11.42.09 SURVEILANCE/SECURITY 10 12,700 12,700 SCOPE 116-00 BUS SIGNAL & COMMUNICATION EQUIP 7 15,200 15,200 ACTIVITY ---� -" 11.62.02 ACQUIRE COMMUNICATIONS SYSTEMS 2 i 4,200 4.200 11.62.03 ACQUIRE, RADIOS 4 11,000 11,000 SCOPE 117-00 BUS OTHER CAPITAL ITEMS 10,000 10,000 ACTIVITY 11.79.00 PROJECT ADMINISTRATION 10,000 10,000 SCOPE 119-00 BUS TRANSIT ENCHANCEMENTS 1 12,700 12,700 ACTIVITY 1 1.92.02 BUS SHELTERS 1 12,700 12,700 SCOPE 300-00 OPERATING ASSISTANCE 566,103 1,132,206 ACTIVITY 30.09.00 OPERATING 566,103 1,132,206 ESTIMATED TOTAL ELIGIBLE COST: 1,835,270 FEDERAL SHARE: 1,269,167 LOCAL SHARE 566,103 OPERATING PROJECT BUDGET WORKSHEET FOR THE PERIOD OF JULY 1, 2005 THROUGH JUNE 30, 2006 l TOTAL OPERATING EXPENSES ADM/OPER/LABOR/FRINGE 53,021 SERVICES 755,403 MATERIALS/SUPPLIES 357,120 UTILITIES ^� 56,000 �' INSURANCE 394,939 MISCELLANEOUS EXPENSES 22,651 LEASE & RENTALS �i 160,398 'FAXES ^- 800 TOTAL OPERATING EXPENSE ;3,700,332 (2) LESS ELIMINATIONS: NONE TOTAL ELIMINATIONS -0- 3 ELIGIBLE OPERATING EXPENSES 3,700 32 4 LESS FAREROX AND OTHER REVENUES NOT INCLUDABLE AS LOCAL SHARE FAREBOX & CONTRACTS 622,340 SECT 5311 27,000 649,340 5 NET PROJECT COST: T 3,050,992 (6) LOCAL SHARE 1,237,601 MOT 1,022,084 _ TOTAL LOCAL AND STATE REVENUES _ 2,259,68.5 (7) NET EXPENSES BEFORE FTA �`' 791,307 FTA FUNDS AVAILABLE 566,1.03 (9) FTA FUNDS REQUESTED _ _ �_ 566,103 Project Details FTA TOTAL ELIG�' CAPITAL QTY AMOUr7T COST ACTIVITY 11.12.40 Purchase associate Capital $32,4641 $32,464 Maintenance Items. Purchase tires and batteries for maintenance of the fleet. The total federal share of the proposed capital. program of project is $25,971, which will be matched with toll revenue credits in the amount of $6,493. ACTIVITY 11.13.04 Purchase Expansion Bus <30 4 $600,000 $600,000 Foot. Purchase four (4) expansions less than 30-foot vehicles with fare box and ADA accessibility. These vehicles will be used for expansion for the new fixed routes in St. Lucie West. The total. federal share of the proposed capital program of project is $480,000, which will be matched with toll revenue credits in the amount of $120,000. ACTIVITY 11.32.09 Acquire Route Signing. Purchase 200 $20,00Q $20,000 Bus Stop Signage, posts and hardware for new fixed routes. The total federal share of the proposed capital program. of project is $16,000, which will be matched with toll revenue credits in the amount of $4,000. ACTIVITY 11.42.09 Acquire — Surveillance/security. 10 $12,700 $12,700 Purchase ten (10) Suveillance Cameras for the fixed route buses. The total federal share of the proposed capital program of project is $10,160, which will be matched with toll revenue credits in the amount of $2,540. Project Details (cont.) CAPITAL QTY TTA TOTAL ELIG AMOUNT ACTIVITY 11.62.02 Communications Systems. T2 $4,200 " _COST $4,200 Purchase two (2) Mobile Data Terminals (MDT) for the AVL system for two (2) of the expansion vehicles to be purchased under Activity I t.13.04. The total federal share of the proposed capital program of project is $3,360, which will be matched with toll revenue credits in the amount of $840. ACTIVITY 1.1.62.03 Acquire Radios. _ 4 $11,000 $11,000 ~ Acquire four (4) radios for the expansion vehicles to be purchased under Activity 11.13.04. The total federal share of the proposed capital program of project is $8,800 which will be matched with toll revenue credits in the amount of $2,200. ACTIVITY 11.79.00 Project Adm _inistration. $10,000 $10,000 St. Ilucie County administrative fee. The total federal share of the proposed capital program of project is $8,000, which will be matched with toll revenue credits in the amount of $2,000. CAPITAL QTY ! FTA " AMOUNT; TOTAL ELIG� COST ACTIVITY 11.92.02 Bus Shelters. Purchase one bus shelter for the fixed route system 1 $12,700 _ $12,700 located in St. Lucie County. The total federal share of the proposed capital program of project is $10,160, which will be matched with toll revenue credits in the amount of $2,540. OPERATIONS QTY FTA AMOUNT TOTAL ELIG COST ACTIVITY 30.09.00 Operating Assistance — 50% $566,103 $1,132,206 (Use FPC 04) FiscalYear 2005-2006 net operating assistance. PART 4: MILESTONES 11.12.40 PURCHASE ASSOC. CAPITAL MAINT. FTATOTAL QTY AMOUNT COST $ 32,464 $ 32,464 MILESTONE DESCRIPTION EST. C;nMP DATE 1 _ RFP/IFB ISSUED JANUARY! 1, 2007 2 CONTRACT AWARD JANUARY 31, 2007 3 CONTRACT COMPLETE JUNE 30, 2007 1 ] . ] 3.04 PURCHASE EXPANSION BUS <30 FOOT 4 $600,000 $600,000 MILESTONE DESCRIPTION EST. COMP DATE JANUARY 1, 2007 1 RFP/1FB ISSUED 2 CONTRACT AWARD JANUARY'], 2007 ,3 CONTRACT COMPLETE JUNE 30, 21007 1 1.32.09 ACQUIRE - ROUTE SIGNAGE 200 $20,000 $20,000 MILESTONE DESCRIPTION EST. COMP DATE I RFP/IFB ISSUED JANUARY'], 2007 2 CONTRACT AWARD JANUARY31, 2007 3 CONTRACT COMPLETE JUNE 30, 2007 1 1,42.09 ACQUIRE - SURVEILLANCE/SECURITY 10 $12,700 $12,700 �^ .MILESTONE DESCRIPTION EST. COW DATE 1 RFP/IFB ISSUED JANUARY,1, 2007 2 _CONTRACT AWARD JAN13ARY'31, 2007 3 CONTRACT COMPLETE JUNE 30, 2907 �' PART 4: MILESTONES 11.62.02 ACQUIRE COMMUNICATIONS SYSTEMS FTA TOTAL TY AMOUNT COST 2 $4,200 $4,200 MILESTONE DESCRIPTION _ EST. COMP DATE 1 RFP/IFB ISSUED MARCH 1,'2007 2 _ CONTRACT AWARD MARCH 1,2007 3 CONTRACT COMPLETE JUNE 30, 2,007 1 1.62.03 ACQUIRE RADIOS 4 $11,000 ' $11,000 MILESTONE DESCRIPTION EST._COMP DATE 1 RFP/IFI3 ISSUED MARCH 1,!2007 2 CONTRACT AWARD MARCH 1,;2007 3 CONTRACT COMPLETE JUNE 30, 2007 11.79.00 PROJECT ADMINISTRATION $10,000 '$1.0,000 MILESTONE DESCRIPTION EST. CDMP DATE 1 RFP/IFB ISSUED JULY 01, 2006 2 CONTRACT AWARD JULY 01, 2006 JUNE 30, 2D07 3 _ _ CONTRACT COMPLETE DRAW DOWN AS NEEDED IN CORRELATION TO PROGRESS Of PROGRAM OF PROJECTS PART 4: MILESTONES 11,92.02 BUS SHELTERS FTA TOTAL TV AMOUNT COST $12700 $12,700 _ MILESTONE DESCRIPTION EST. COMP DATE 1 RFP/IFB ISSUED JANUARY' 1, 2007 2 CONTRACT AWARD JANUARY 31, 2007 _ 3 CONTRACT COMPLETE _ MAR.CH 3 j, 200 30.09.00 OPERATING $5616,103 $1,02,206 MILESTONE DESCRIPTION _ EST. CQjMP DATE FINAL EXPENDITURE _ JUNE 30, 2A07 PART 6: FLEET STATUS Paratransit _ �^ BEFORE CHANGE AFTER I. ACTIVE FLEET A. PEAK REQUIREMENT 20 0 20 B. SPARES 10 0 10 C. TOTAL (A+B) 30 0 30 I). SPARE RATIO B/A) 50% 0% .' 50% IL INACTIVE FLEET A. OTHER - Contingency 6 U 6 B. PENDING DISPOSAL 1.5 0 _ 15 C. TOTAL (A+B) 21 21 Ill. TOTAL (I.0 AND 1I.C) 51 0 51 WREAM-POWN By FUEL t'YPE (INCLUDING NEW EXPANSION/REPLA�CEMENTVE111CLES) CNG/GASOLINE DIESEL GASOLINE ONLY Fixed Route BEFORE_ CHANGE AFTER 1. ACTIVE FLEET T A. PEAK REQUIREMENT 6 3 9 B. SPARES 2 1 3 C. 'I"O'I Al, Cy 8 �- 4 12 _ D. SPARE RATIO (B/A) 33% 33% 33% n. INACTIVE FLEET _ A. OTHER B. PENDING DISPOSAL,C. TOTAL (A-1_B) _ III. TOTAL_I.0 AND II.C) DKE.wnvuWIN BY NUEL TYPE (INCLUDING EXPANSION VEHICLES) DIESEL. Alternative Fuel Codes ACTIVITY 11.13.04 Purchase Expansion Bus <30 Foot — Diesel Fuel AGENDA REQUEST ITEM NO. C-10-B s DATE: November 28, 2006 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Community Services Come illiams, Transit Manager SUBJECT: Authorize the submission of a Federal Appropriation request for buses and bus stop infrastructure. BACKGROUND: In the past two years, St. Lucie County has received over $1,200,000 in Federal appropriations for the purchase of fixed route and demand response buses. Staff requests approval to submit a request for $ 685.357.00 for the purchase of buses and bus stop infrastructure. The local match of $171,339 will be met with Toll Revenue Credits. FUNDS AVAILABLE- N/A PREVIOUS ACTION: In 2004 and 2005, the BOCC approved submission of a Federal Appropriation request for buses. RECOMMENDATION: Authorize the submission of a Federal Appropriation request for buses and bus stop infrastructure. COMMISSION ACTION: CONCURR E: %APPROVED [] DENIED Q OTHER: Approved 5-0 Do4gifas4 Anderson County Administrator Review and Approvals County Attorney: llwd�a-n Management & Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 COMMUNITY SERVICES MEMORANDUM #07-47 TO: Board of County Commissioners FROM: Beth Ryder, Community Services Directoeo� SUBJECT: Authorize the submission of a Federal Appropriation request for buses and bus stop infrastructure DATE: November 28, 2006 In the past two years, St. Lucie County has received over $1,200,000 in Federal appropriations for the purchase of fixed route and demand response buses. Staff requests approval to submit a request for $ 685.357.00 for the purchase of buses and bus stop infrastructure. The local match of$171,339 will be met with Toll Revenue Credits. Recommendation: Authorize the submission of a Federal Appropriation request for buses and bus stop infrastructure. 'View Ynnt DOT Page 1 of 7 FTA ......... ..... ..._... U.S. Department of Transportation Federal Transit Administration Application for Federal Assistance Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: FL-03-0889 Budget Number: 1 - Budget Pending Approval Project Information: I Purchase buses & bus stop infrastru Part 1: Recipient Information Project Number: FL-03-0889 Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Address: Community Services 437 North 7th Street, FT. PIERCE, FL 34950 0000 Telephone: (772) 462-1772 Facsimile: (772) 462-1703 Union Information Recipient ID: 1024 Union Name: NON Address 1: N/A Address 2: City: N/A, 00000 0000 Contact Name: N/A N/A Telephone: Facsimile: E-mail: Website: Part 2: Project Information Project Type: Grant Project Number: FL-03-0889 Project Description: Purchase buses & bus stop infrastru Recipient Type: County Agency Gross Project Cost: $685,357 Adjustment Amt: $0 Total Eligible Cost: $685,357 Total FTA Amt: $685,357 https://ftateamweb.fta. dot.govlteamweblApplicationsNi ewPrintIVi ewPrintRes.asp?GUID=PRODU... 11 / 17/2006 View Print FTA Project Mgr: Tony Dittmeier/Christopher White Total State Amt: $0. Total Local Amt: $0 Recipient Contact: Beth Ryder Other Federal Amt: $0 New/Amendment: Amendment Amend Reason: Initial Application Special Cond Amt: $0 Fed Dom Asst. #: 20500 Special Condition: None Specified Sec. of Statute: 5309-2 S.C. Tgt. Date: None Specified State Appl. ID: FM 418841-1 S.C. Eff. Date: None Specified Start/End Date: Jul. 01, 2006 - Jun. 30, 2007 Est. Oblig Date: None Specified Recvd. By State: Pre -Award Authority?: No EO 12372 Rev: Not Applicable Review Date: None Specified Fed. Debt Authority?: No Planning Grant?: NO Final Budget?: No Program Date (STIP/UPWP/FTA Prm Plan) : May. 02, 2006 Program Page: 1351 Application Type: Electronic Supp. Agreement?: No Debt. Delinq. Details: Urbanized Areas UZA ID UZA Name 123280 PORT ST. LUCIE, FL Congressional Districts State ID District Code District Official 12 16 Mark Foley 12 23 Alcee L Hastings Page 2 of 7 Project Details This Section 5309 (Earmarks E2006-BUSP-314 and E2006-BUSP-319) application is for the purchase of two (2)expansion less than 30 foot vehicles to to include farebox, ADA acccessibility and bike racks. These vehicles are 25' Chevy/GMC Chasis 18 passenger, 2 W/C Body on Chasis and spare parts, three (3) less than 30 foot medium duty buses for replacement and expansion of the fixed route system and to provide funds for bus stop infrastructure(concrete pads, shelters, etc). The total grant of Earmark E2006-BUSP-314 is $190,357 for capital assistance of which the Federal amount is $190,357 which will be matched in toll revenue credits in the aount of $47,589. The total grant amount of Earmark E2006- BUSP-319 is $495,000 for capital assistance of which the Federal amount is $495,000 for capital assistance of which the Federal amount is $495,000 which will be matched in toll revenue credits in the aount of $123,750. Total grant funding is $685,357 for capital assistance of which the Federal amount is $685,357 which will be matched in toll revenue credits in the aount of $171,339. Earmarks https://ftateamweb.fta.dot.gov/tewnweb/ApplicationsNi ewPrintIViewPnntRes.ast)?GUID=PRODU... 11 /17/2006 'View Print Page 3 of 7 Earmark Details Earmark ID E2006-BUSP-314 E2006-BUSP-319 Number of Earmarks: 2 Total Amount Applied $0 Date Sent for Release: Date Released: Securi No information found. Part 3: Budget Project Budget Earmark Name St. Lucie County, FL Purchas Treasure Coast Connector, St Orig. Balance Amount Applied $190,357 $0 $495,000 $0 Quantfty FTA Amount Tot. Elig. Cost SCOPE 111-00 BUS - ROLLING STOCK 11 $685,357.00 $685,357.00 ACTIVITY 11.13.04 BUY <30-FT BUS FOR EXPANSION 2 $150,000.00 $150,000.00 11.12.40 BUY ASSOC CAP MAINT ITEMS 0 $40,357.00 $40,357.00 11.12.04 BUY REPLACEMENT <30 FT BUS 3 $450,000.00 $450,000.00 11.33.10 CONSTRUCT - BUS PASSENGER SHELTERS 6 $45,000.00 $45,000.00 Estimated Total Eligible Cast: $685,357.00 Federal Share: $685,357.00 Local Share• $0.Q0 OTHER (Scopes and Activities not included in Project Budget Totals) None No Amendment Funding Source information is available for the selected project http s : //ftateamweb . fta. dot. govlteam weblApplicationsNi ewPri ntIVi ewPri ntRes. asp? GUID=PRODU... 11 / 17/2 006 'View Print Page 4 of 7 Alternative Fuel Codes 11.13.04 BUY <30-FT BUS FOR EXPANSION Diesel Fuel 11.12.04 BUY REPLACEMENT <30 FT BUS Diesel Fuel Extended Budget Descriptions 11.13.04 BUY <30-FT BUS FOR EXPANSION 2 $150,000.001 $150,000.00 Purchase two(2) expansion less than 30 foot vehicles to to include farebox, ADA acccessibility and bike racks. The total Federal share of the proposed capital program project is $150,000 which will be matched with toll revenue credits in the amount of $37,500. The purchase price of each vehicle is $75,000. 11.12.40 BUY ASSOC CAP MAINT ITEMS 1 0 $40,357.00 $40,357.00 Purchase tires and batteries as needed. The total Federal share of the proposed capital program project is $40,357 which will be matched with toll revenue credits in the amount of $10,089. 11.12.04 BUY REPLACEMENT <30 FT BUS 3 $450,000.00 $450,000.00 Purchase three (3) less than 30 foot vehicles to include farebos, ADA accessibility and bike racks. The total Federal share of the proposed capital program project is $450,000 which will be matched with toll revenue credits in the amount of $112,500. 11.33.10 CONSTRUCT - BUS PASSENGER SHELTERS 6 $45,000.00 $45,000.00 Purchase of bus stop infrastructure (concrete pads, shelters, etc) for six (6) bus stops. The total Federal share of the proposed capital program project is $45,000 which will be matched with toll revenue credits in the amount of $11,250. .... Chdriges since the Prior twaget Unable to find change amount information Part 4. Milestones 11.13.04 BUY <30-FT BUS FOR EXPANSION 2 $150,000 $150,000 Milestone Description Est. Comp. Date 1. RFP/IFB OUT FOR BID Feb. 01, 2007 2. CONTRACT AWARDED Apr. 01, 2007 3. FIRST VEHICLE DELIVERED Oct. 01, 2007 4. CONTRACT COMPLETE Oct. 01, 2007 RED ALL VEHICLES DELIVERED Oct. 01, 2007 11.12.40 BUY ASSOC CAP MAINT ITEMS 0 $40,357 $40,357 http s :11ftateam web . fta. dot. gov/team web/ApplicationsNi ewPri nt[V i ewPri ntRes . asp? GUID=PRODU... 11 / 17/2006 View Print Page 5 of 7 Milestone Description 1. Contract Award 2. RFP/IFB Issued 3. Contract Complete 11.12.04 BUY REPLACEMENT <30 FT BUS Est. Comp. Date Apr. 01, 2006 Feb. 01, 2007 Sep. 30, 2009 3 $450,000 $450,000 Milestone Description Est. Comp. Date 1. RFP/IFB OUT FOR BID Feb. 01, 2007 2. CONTRACT AWARDED Apr. 01, 2007 3. FIRST VEHICLE DELIVERED Oct. 01, 2007 4. ALL VEHICLES DELIVERED Oct. 01, 2007 5. CONTRACT COMPLETE Oct. 01, 2007 11.33.10 CONSTRUCT- BUS PASSENGER SHELTERS 6 $45,000 $45,000 Milestone Description Est. Comp. Date 1. RFP/IFB Issued Feb. 01, 2007 2. Contract Award Apr. 01, 2007 3. Contract Complete Oct. 01, 2007 Part 5. Environmental Findings 111304 BUY <30-FT BUS FOR EXPANSION 2 $150,000 $150,000 Finding No. 1 - Class li(c) C17 - Purchase of vehicles The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE. 111240 BUY ASSOC CAP MAINT ITEMS 0 $40,357 $40,357 FindingNo._1 - Class_II(q) C17 - Purchase of vehicles The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE. C19 - Install purchase maintenance equipment https://ftateamweb.fta.dot.gov/teamweb/Applications/ViewPlint/ViewPrintRes.ast)?GUID=PRODU... 11 / 17/2006 'View Print Page 6 of 7 Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the site. 111204 BUY REPLACEMENT <30 FT BUS 3 $450,000 $450,000 Findin_g_No. 1 -Class 1c) C17 - Purchase of vehicles The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE. 113310 CONSTRUCT - BUS PASSENGER SHELTERS Finding No. 1 - Class 11(c) 6 $45,000 $45,000 C08 - Install Shelters, fencing, & Amenities Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur. Part 6: Fleet Status Fixed Route Before Change After i. Active Fleet A. Peak Requirement 6 0 6 B. Spares 1 0 1 C. Total (A+B) 7 0 7 D. Spare Ratio (B/A) 16.67% 0.00% 16.67% 11. Inactive Fleet A. Other 0 0 0 B. Pending Disposal 0 0 0 C. Total (A+B) 0 0 0 III. Total (I.0 and 11.C) 7 0 7 Fixed Route Breakdown by fuel type Diesel 7 Paratransit I I Before I Change I After L i Active Fleet https://ftateamweb.fta. dot.gov/teamweb/ApplicationsNiewPrint/Vi ewPrintRes.asp?GUID=PRODU... 11 / 17/2006 'View Print A. Peak Requirement 25 0 25 B. Spares 11 0 11 C. Total (A+B) 36 0 36 D. Spare Ratio (B/A) 44.00% 0.00% 44.00% II. Inactive Fleet A. Other 0 0 0 B. Pending Disposal 0 0 0 C. Total (A+B) 0 0 Ill. Total (I.0 and II.C) jA36 0 36 Paratransit Breakdown by fuel type (including new replacement vehicles) CNG/Gasoline 6 Diesel 24 Gasoline only 6 Part 8: Results of Reviews The reviewer did not find any errors Page 7 of 7 httne•//ftatAnMAA7Ph ftn tint (irnv/tPAmxxlPh/Anniiratinnc/ViPAx7Print/ViPxx7PrintRPc aan9(JTTT)=PRC)T11T 11 /17000il. M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services ITEM NO: C-10-C DATE: November 28, 2006 Regular[ ] Public Hearing [ ] Consent [X ] PRESENTED BY: Beth Ryder, Director SUBJECT: Approval of the First Amendment to Grant Agreement C06-06-556, with New Horizons of the Treasure Coast, Inc., in order to correct the amount from $680,411.00 to $748,452.00. BACKGROUND: On September 14, 2006, the Board approved funding in the amount of $748,452.00 for New Horizons of the Treasure Coast to provide mental health and substance abuse treatment services for the residents of St. Lucie County. A grant agreement was approved for the incorrect amount of $680,411.00 on October 3, 2006. FUNDS AVAIL: 001-6900-581030-600 (New Horizons) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the First Amendment and authorize the Chair to sign all necessary documents. COMMISSION ACTION: [ig APPROVED [ ] DENIED [ ]OTHER Approved 5-0 County Attorney: x A .�c. 111 Originating Department: x Finance: x Check for copy only, if applicable CONCURREN ougl M Anderson Coordination/Signatures Management & Budget x teA— Purchasing: x Other: Other: COMMUNITY SERVICES MEMORANDUM #07- 48 TO: Board of County Commissioners FROM: Beth Ryder, Community Services Directo ./ - SUBJECT: Approval of the First Amendment to Grant Agreement C06-06- 556, with New Horizons of the Treasure Coast, Inc., in order to correct the amount from $680,411.00 to $748,452.00. DATE: November 28, 2006 On September 14, 2006, the Board approved funding in the amount of $748,452.00 for New Horizons of the Treasure Coast to provide mental health and substance abuse treatment services for the residents of St Lucie County. A grant agreement was approved for the incorrect amount of $680,411.00 on October 3, 2006. Recommendation: Staff recommends the Board of County Commissioners approve the First Amendment and authorize the Chair to sign all necessary documents. FIRST AMENDMENT TO GRANT AGREEMENT (C06-06-556) THIS AGREEMENT, made this day of 2006, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and NEW HORIZONS OF THE TREASURE COAST, INC., or its successors, executors, administrators, and assigns hereinafter called the recipient: WITNESSETH: WHEREAS, on June 6 2006, the parties entered into an agreement to disperse to the Recipient grant funds in the total amount of six hundred eighty thousand ten and 00/100 dollars ($680,411.00) as local matching funds pursuant to the 2006-2007 contract between the State of Florida Department of Children and Families and the Recipient for the provision of mental health and substance abuse treatment services to the residents of St. Lucie County, hereinafter referred to as the "DCF Contract", and incorporated herein by reference. WHEREAS, the Agreement provided for the County to pay the Recipient equal quarterly installments in the amount of one hundred seventy thousand one hundred two and 75/100 dollars ($170,102.75), with the first payment within thirty (30) days after the date the Agreement was executed on behalf of the County. The remaining payments shall be due and payable on or before January 15, 2007, April 15, 2007, and July 15, 2007. WHEREAS, the parties desire to amend the Agreement to provide for payment based upon the actual approved grant amount in the amount of seven hundred forty-eight thousand four hundred fifty-two and 00/100 dollars ($748,452.00) and, WHEREAS, the first payment in the amount of one hundred seventy thousand one hundred two and 75/ 100 dollars ($170,102.75) has been paid, the January 15, 2007 payment shall be in the amount of one hundred ninety-two thousand seven hundred eighty-three and 09/100 dollars ($192,783.09) and the remaining two payments will be in the amount of one hundred ninety-two thousand seven hundred eighty-three and 08/100 dollars ($192,783.08). IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: Paragraph 1 of the Agreement is hereby amended to read as follows: l . The County shall disperse to the Recipient an annual grant in the amount of seven hundred forty-eight thousand four hundred fifty-two and 00/100 dollars ($748,452.00) for the period October 1, 2006 through and including September 30, 2007. The balance of the payments to the Recipient shall be due and payable on January 15, 2007, in the amount of one hundred ninety-two thousand seven hundred eighty-three and 09/100 dollars ($192,783.09), on April 15, 2007, in the amount of one hundred ninety-two thousand seven hundred eighty-three and 08/100 dollars ($192,783.08) and on July 15, 2007, in the amount of one hundred ninety-two thousand seven hundred eighty-three and 08/100 dollars ($192,783.08). WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY NEW HORIZONS OF THE TREASURE COAST, INC. BY: PRESIDENT (SEAL) AGENDA REQUEST IT - - ITEM NO. C 1 D 0 Y TO: Board of Countv Commissioners DATE: November 28, 2006 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Community Services Conn. 117ijliams, Transit Manager OBJECT: Approval of a Subgrant Agreement with Council on Aging of St. Lucie, Inc., pursuant to the Florida Department of Transportation Joint Participation Agreement # AOG76 in the amount of $40,000 grant for radio marketing of the Treasure Coast Connector. BACKGROUND: Florida Department of Transportation has a Service Development grant program that assists with the operation of a new route or for a marketing project. The attached Joint Participation Agreement is for $40,000 to assist in marketing the regional Treasure Coast Connector. This will increase awareness of the bus routes in St. Lucie and Martin counties. The grant funds will be used to run radio advertisements on at least three different local radio stations. The grant does not require a match since it is a regional project and will be developed in coordination with the transit section of the Council on Aging agencies from Martin and St. Lucie counties. FUNDS AVAILABLE: 001414-4910-531000-400 (Transportation —Professional Services) PREVIOUS ACTION: On May 9, 2006, the BOCC authorized submittal of the grant application to FDOT and on June 6, 2006, the BOCC authorized the Chair to sign the Joint Participation Agreement and approved Resolution No. 06-188 and Budget Resolution No.06-189. RECOMMENDATION: Approval of a Subgrant Agreement with Council on Aging of St. Lucie, Inc., and authorization for the Chair to sign all necessary documents. COMMISSION ACTION: %APPROVED [] DENIED 0 OTHER: Approved 5-0 CONCURRE Dou s Anderson County Administrator Review and Approvals County Attorney: .oTm Management & Budget: Purchasing: _ Originating Dept: Other: Other: Finance: !X (Check for Copy only, if applicable) Effective: 5/96 = COMMUNITY SERVICES ;-'_ 511n W-F-10-mw MEMORANDUM #07- 49 TO: Board of County Commissioners FROM: Beth Ryder, Community Services Director SUBJECT: Approval of a Subgrant Agreement with Council on Aging of St. Lucie, Inc., pursuant to the Florida Department of Transportation Joint Participation Agreement # AOG76 in the amount of $40,000 grant for radio marketing of the Treasure Coast Connector. DATE: November 28, 2006 Florida Department of Transportation has a Service Development grant program that assists with the operation of a new route or for a marketing project. The attached Joint Participation Agreement is for $40,000 to assist in marketing the regional Treasure Coast Connector. This will increase awareness of the bus routes in St. Lucie and Martin counties. The grant funds will be used to run radio advertisements on at least three different local radio stations. The grant does not require a match since it is a regional project and will be developed in coordination with the transit section of the Council on Aging agencies from Martin and St. Lucie counties. Recommendation: Approval of a Subgrant Agreement with Council on Aging of St Lucie, Inc., and authorization for the Chair to sign all necessary documents. SUBGRANT AGREEMENT THIS SUBGRANT AGREEMENT, made this day of , 2006, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed forty thousand 00/100 dollars ($40,000.00) pursuant to the Florida Department of Transportation (FDOT), FM # 4215381-1-84-01, Contract # AOG76 and the County, hereinafter referred to as the "Grant Agreement". The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is forty thousand 00/100 dollars (40,000.00), to be used to provide funding to purchase and promote regional radio marketing of transit buses, hereinafter called the "Project". The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. Payment shall be made in two equal installments of $20,000.00. 2. The subgrant shall be used only as set forth in this Agreement. The Recipient further agrees to comply with the terms and conditions of the Grant Agreement and any agreement between the County and the Federal Transit Administration pursuant to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any equipment purchased with the subgrant funds at a cost of one thousand and 00/100 dollars ($1000.00) or more. The Council agrees to coordinate with the County Purchasing Director in the purchase of any equipment pursuant to this Agreement. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the Grant Agreement, the Grant Application, and/or this Agreement, any money not so used shall be reimbursed to the County. 1 S. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Council may submit qualifying paid invoices in lieu of a certified audit. In addition, the Council shall provide the County with a copy of the Council's annual audit for each fiscal year during which the Council expends funds received pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulation, the terms of the Grant Agreement, and the certifications accompanying the Grant Application. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shad be in writing and sent registered or 2 certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2003) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in 3 the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. [Remainder of page intentionally left blank.] IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first El! written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT ( SEAL) G:\Transportation\4100.icontracts-COA\FDOT-COA Radio subcontract.doc 5 CouNT F L Q R t D A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Division ITEM NO: CIO-E DATE: November 28, 2006 REGULAR[] PUBLIC HEARING[ ] CONSENT [X ] PRESENTED BY: John Franklin, Housing Manager SUBJECT: Approval of the advertisement, bid selection, award and enter into a contract with the highest ranked firm for Project Delivery Services and Administration for the HOME Consortium. BACKGROUND: In order to administer the grant under the U.S. Department of Housing and Urban Development, HUD, HOME Consortium Program, which consist of funds to assist with various eligible HOME Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to efficiently & economically operate, it is necessary to procure the services of an administrator. The HOME Investment Partnership Grant also requires a 25% match from all member of the Consortium. FUNDS AVAIL. Various housing grants will serve as match for the first year. PREVIOUS ACTION: On March 14, 2006 the Board authorized the Chair to sign the grant application to form a HOME Consortium, through HUD, with Martin and Indian River Counties for the purpose of receiving and administering funds through the HOME Investment Partnership program. On February 26, 2002 the Board authorized the submittal of a letter of intent to HUD indicating the intention of St. Lucie County forming a HOME Consortium for the purpose of receiving and administering funds through the HOME program. RECOMMENDATION: Approval of the advertisement, bid selection, award and enter into a contract with the highest ranked firm for Project Delivery Services and Administration for the HOME Consortium and authorize the Chair to sign the necessary documents. COMMISSION ACTION: (X] APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 Coordination/Signatures CONCU CE: D gla . Anderson County Administrator Pf$' County Attorney: x �� Management & Budget x Purchasing: x N' Originating Department: x Other: Other: Finance: x Check for copy only, if applicable rZ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Division ITEM NO: C10-F DATE: November 28, 2006 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: John Franklin, Housing Manager SIIRJFCT: Approval to purchase a computer for the Housing Department, equipment request #07-291 and approval of budget amendment #07-019. RACKGROUND: Due to the growth of the Community Services Housing Department, it has become necessary to purchase an additional computer. The Housing Department has increased our grant volume by 10%, which required the hiring of additional staff. In order for the additional staff personnel to function within their job description, purchasing a new computer becomes necessary. FUNDS AVAIL: 185008-6420-564000-600 l a n am 61IRax" Y r�i_��Qm RECOMMENDATION: Staff recommends approval to purchase a computer for the Housing Department, equipment request #07-291 and approval of budget amendment #07-019 and authorize the Chair to sign the necessary documents. ] APPROVED [] DENIED [ ] OTHER: Approved 5-0 M&ounty Attorney: x��� Originating Department: x Finance: x Check for copy only, if applicable CONCU E: Do la . Anderson County Administrator Coordination/Signatures Management & Budget Purchasing: x Other: Other: St. Lucie County Request for Proposals (RFP) Grant Administration Services and Project Delivery Services FFY 2006 Community Development Block Grant(s) Disaster and Related Programs And Future FFY 2007 Grant Programs St. Lucie County (County) requests proposals from individuals or firms to provide the following services for grant funded projects in the 2006 Fiscal Funding Year: Florida Small Cities Disaster Community Development Block Grant (CDBG) Grant Administration and Project Delivery Services. The County has recently applied for a grant in the FY 2006 Disaster program, which identifies the County's needs. Similarly, additional services may be included in the contract(s) for services on an ongoing basis to be covered by other grant, loan or traditional funding sources at the discretion of the County BOCC. Such sources of funding shall be sought, developed, and managed by the selected consultant(s), as applicable and available. Such sources of funding may include, but not be limited to: HOME, FEMA, FDEM, USDOC Economic Development Administration Grants, USDA Rural Development Grants and Low -Interest Loans, Department of Environmental Protection Grants and Low -Interest Loans, Special Appropriations and other applicable grant and low -interest loan funds through the Federal, State, or other public sources, which may be applicable to the County's 2006 and 2007 needs. Project Needs: The needs for which services are requested, and for which CDBG and other public program funds shall be utilized, may be generally described as follows: grant administration and project delivery services for housing rehabilitation activities and/or public works development facilities that provide community and economic development within the County and primarily benefit low -to -moderate income citizens of the County. Specific needs may include, but not be limited to, housing rehabilitation, drinking water, sanitary sewer, storm -water, streets and access, and other public service facilities and/or capital facility improvements needed for community and economic development within the County. Description of Services (grant administration and project delivery services to be evaluated separately): Grant/Loan Program Management/Administration Services shall include, but not be limited to: identifying needs, researching options for funding, formulating appropriate funding solutions, developing grant -loan leverage strategies, reviewing and developing necessary policies and procedures, grant writing, program planning, budget and schedule development, application development, conducting environmental review(s), coordinating with funding agencies, developing and administering agency contract(s), requesting, tracking and managing program funds in compliance with program guidelines, developing required public record systems, Davis -Bacon record -keeping requirements, URA compliance, advising and managing any required technical services or criteria, developing appropriate agency reports, schedules and certifications, coordinating and conducting any required public input, providing reports and technical assistance, and developing any annual and closeout agency submissions. Project Delivery Services shall include, but not be limited to: applicant intake phase, housing rehabilitation work write-ups, housing inspections, participating in construction pre -bid and pre -con meetings, assisting with 'punch list' and close-out of construction, general inspection for infrastructure construction, reporting to the county and engineer -of -record (EOR), identifying potential problems in field and referring them to the County and EOR, keeping track of deviations from contract documents and field adjustments, keeping an inspection record, and maintaining a project contract file with all approve payments, change orders and other construction 'control' documents. Selection: Proposals for Grant Administration and Project Delivery Services shall be submitted, evaluated and contracted separately. Proposals shall be reviewed by a selection committee, ranked based upon the following criteria, and negotiation for contracts shall follow the order of ranking from highest to lowest score for CDBG and other program areas. Each committee member shall perform their own independent ranking based upon the criteria herein and the highest ranked firm shall be determined by tally of the number 1 ranked proposer(s) among the selection committee (i.e. if 3 of 5 members rank one firm number one then that firm receives highest overall ranking and recommendation of the committee). The selection process shall be open to the public and records maintained in accordance with CDBG requirements. Contracts: Negotiation of contracts for each service shall follow the initial selection process. Should a satisfactory contract not be achievable with the number one ranked proposer, then that proposer shall be rejected and negotiations shall being with the number 2 ranked firm and so on. Procurement and contracting of all services shall conform to CDBG guidelines and state and federal regulations including 24 CFR, Part 85. Criteria: Proposals for the requested services for 2006 and 2007 Grant Administration and Proiect Delivery Services shall be evaluated separately (separate proposals and ranking) using the following criteria: • 10 points Profile: Scoring will emphasize management, organization, history, and variety & level of local government services. • 25 points Staff: Scoring will emphasize expertise, specific project examples including CDBG, and variety of professional backgrounds, certifications, and skills. • 35 points Experience: Scoring will emphasize direct program experience and success with a variety of programs including CDBG and HOME, and familiarity with St. Lucie County Housing programs. • 55points Approach and • Leveraging Strategy: Scoring will emphasize project approach and proven leveraging strategies implemented and/or managed by the team for local government clients including CDBG and HOME. • 15 Points References: Scoring will emphasize quality of references. • 5 Points Fees: Scoring will emphasize proposed fee, rates, and level of service in relation to proposed fees. • 5 Points MBEMBE Scoring will award points for Certified MBE/WBE businesses. Documentation regarding Certification must be submitted with the proposal. The previous criteria are shown in the required format. For a proposal to be eligible, the format must be strictly adhered to. During this RFP process, any intentional omissions, alterations, or false representations will be grounds for rejection of any proposal. The County is an Equal Opportunity Employer. MBE/WBE businesses are encouraged to participate. In the event of a tie MBE/WBE status shall be considered in making a final determination of top ranked proposer(s). In compliance with the Florida Sunshine Amendment and Code of Ethics, the County strictly enforces open and fair competition in its RFP's. In accordance with Section 287.133, FS, a person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a proposal on a contract to provide services to a public entity. A public entity crimes statement is required. During the RFP process, questions or requests for additional information concerning this RFP shall be directed to Purchasing Manager/Director and not to (other) selection committee members or elected officials and shall be in written format (email, fax, letter, etc). The County reserves the right to request clarification of any information submitted by proposers. The County BOCC, with suitable basis provided for by law, reserves the right to reject any and all proposals, and to waive any informalities or irregularities in the proposal process. CDBG and other grant/loan program contracts, either single or separate as required by each program, may be subject to grant awards and release of funds by respective funding agencies as determined by the County BOCC. Submittals Consultants shall submit one original and five copies of their proposal to the above -referenced contact person and address in sealed packages and marked clearly: "SEALED PROPOSAL FOR GRANT SERVICES", no later than 4:00 p.m. on , 2006. To facilitate effective evaluation by the County, proposals shall be limited to a total of 50 pages. MBE/WBE/DBE certification(s), statement on Public Entity Crimes, other appendix documentation, sectional dividers, and front and back covers will not be counted toward the total. A letter of interest or executive summary, not to exceed three (3) additional pages, may also be included in the proposal. Proposals that exceed this length will be considered non- responsive and will not be evaluated. Late proposals will be returned unopened. Proposals will be opened as soon as possible after the submission deadline. Evaluation and selection will occur in accordance with the appropriate requirements at a time and place to be determined. At the discretion of the County, proposers may be asked to give a short presentation/interview as part of the selection process. St. Lucie County supports Equal Opportunity Employment, Fair Housing, Drug Free Workplace and Providing Handicapped Access. Additional Requirements (Attachments) Attachment 1, 2, 3, etc. (Owners choice: could be insurance, CIP excerpts, budget excerpts, standard form of agreement, etc) ITEM NO. C 11 A AGENDA REQUEST DATE: November 28, 2006 REGULAR( ) PUBLIC HEARING () CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: i SUBMITTED BY: Environmental Resources Department Vanessa Bessey, ERD Directo SUBJECT: Request the Board approve the language in the attached letter to the Glades County Board of County Commissioners urging them to reconsider their support for a coal fired power plant in Glades County and request the Board authorize the Chairman to sign the letter and forward to the Glades County Board of County Commissioners. BACKGROUND: On November 7, 2005 the Board voted unanimously to deny the request of Florida Power and Light to site a coal-fired power plant in Western St. Lucie County. FUNDS AVAILABLE: NA PREVIOUS ACTION: See Background RECOMMENDATION: Staff recommends that the Board approve the letter to the Glades County Board of County Commissioners urging them to reconsider their support of the siting of a coal fired power plant in Glades County and recommends that the Board authorize the Chairman to sign the letter and forward to the Glades County Board of County Commissioners. COMMISSION ACTION: APPROVED ( ) DENIED ()OTHER Approved 5-0 Coordination/Sianatures A County Attorney (X) Mgt. & Budget ( ) Originating Dept. (X) Growth Management() Finance: (check for copy, only if applicable) CONCURR E: DO CAD�ERSON COUNTY ADMINISTRATOR Purchasing ( ) November 28, 2006 Glades County Board of County Commissioners PO Box 1018 Moore Haven, FL 33474 Attention: Honorable K.S. "Butch" Jones, Chairman, District 1 Reference: Glades Power Park Dear Sirs: As you may be aware, in November of last year, the St. Lucie County Board of County Commissioners voted 5-0 to deny the application of Florida Power and Light to site a coal-fired power plant in western St. Lucie County. The denial was based on the fact that the proposed plant was in direct conflict with several Comprehensive Plan Policies, would have a negative effect of the air quality in St. Lucie County and surrounding counties, and would have a negative effect on traffic within our community due to the delivery of coal to the site and the transport of by-products from the site. St. Lucie County Board of County Commissioners believes that the siting of a coal-fired power plant in Glades County will have the same negative effects on your community as well as ours and others in the area. At least one-half of the train traffic will still come through our community and could potentially block four major intersections in St. Lucie County at one time. The negative air quality effects of a plant of this type will be felt by communities far outside your municipal boundaries. St. Lucie County Board of County Commissioners urges the Glades County Board of County Commissioners to reconsider its support of the siting of a coal-fired power plant in Glades County. The St. Lucie County Board of County Commissioners further urges the Glades County Board of County Commissioners to encourage Florida Power and Light to continue to site power plants that use only clean technology such as gas and oil. If you would like to discuss our concerns in more detail, please feel free to contact me at (772) 462-1408. Sincerely, Chris Craft, Chairman St. Lucie County Board of County Commissioners c: Honorable Alvin Ward, Commissioner District 2 Honorable Paul Beck, Commissioner District 3 Honorable Russell Echols, Commissioner District 4 Honorable Robert L. Geisler, Commissioner District 5 Mr. Wendell Taylor, County Manager Agenda Request ISO Submitted By: SUBJECT: Board of County Commissioners Environmental Resources Item Number C-11 B Date: 11 /28/2006 Consent [ X ] Regular [ ] Public [ ] Hearing .eg. [ ] Quasi -JD [ ] Presented 0' Resources Staff requests that the Board approve Budget Amendment BA07-020 in the amount of $120 and approve revised Equipment Requests E007-063, EQ07-064, and E007-066 for the purchase of three new computers. BACKGROUND: During the FY 2007 budget process, appropriation requests were obtained from the IT Department for the purchase of three new computers for the Environmental Resources Department. At the time of budget preparation the cost was estimated at $1,240. The updated quotes received from IT show that the costs have increased by $40.00 per computer to $1,280. All funds ($IZO) will be moved from other operating lines within ERD's 001 and 102 budgets. FUNDS AVAILABLE: Funds will be made available in 001-3920-564000-300 General Fund — Environmental Resources — Machinery and Equipment and 102-3920-564000-300 Unincorporated Services Fund — Environmental Resources — Machinery and Equipment. PREVIOUS ACTION: NA RECOMMENDATION: Staff requests that the Board approve Budget Amendment BA07-020 in the amount of $120 and approve revised Equipment Requests EQ07-063, E007-064, and E007-066 for the purchase of three new computers. COMMISSION ACTION: APPROVEDF� — OTHER Approved 5-0 — = DENIED CON RENCE: Do,j4las M. Anderson County Administrator Coordination/ Signatures _ County Attorney: Mgt. & Budget:% Purchasing: Originating Dept.: Other: �— Other. Finance: PY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 Due to the growth of the Community Services Housing Department, it has become necessary to purchase an additional computer. The Housing Department has increased the grant volume by 10%, which required the hiring of additional staff. In order for the additional staff personnel to function within their job description, purchasing a new computer becomes necessary. REQ#: 07-291 U N T#: 18 5008-6420-564000-600 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Community Services PREPARED DATE: 11/15/2006 AGENDA DATE: 11/28/2006 TO: 185008-6420-564000-600 Mach FROM: REASON FOR BUDGET AMENDMENT: To THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: & Equipment a com for new position. BA07-019 1 1 COUNTY 0 . AGENDA REQUEST ITEM NO. C-12 DATE: November 28, 2006 REGULAR[] PUBLIC HEARING [ ) CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs�� Jody Boilei,'Dire�tor SUBJECT: Authorize the Chair to sign the grant contract prepared Eby the County Attorney to provide a $25,000 grant to match $25,000 raised by the St. Lucie Historical Society, Inc. and the White City Improvement Club to move the historic Jorgensen House. BACKGROUND: On June 27, 2006, the Board approved a match of $25,000 to the White City Improvement Club's grant application to the State for funds to relocate and restore this significant historic structure. The owner of the house has donated the structure to the St. Lucie Historical Society, Inc. but requires that they remove it off site by December 31, 2006. Unfortunately the State grant funds would not be available until June 2007 making it a moot issue if the house is demolished before that time. Attached is a second request from the St. Lucie Historical Society, Inc. and the White City Improvement Club for a $25,000 grant that will be matched with at least $25,000 of locally donated funds. Since it will cost approximately $50,000 to move the house, the St. Lucie Historical Society, Inc. and the White City Improvement Club and St. Lucie County Historical Commission encourage the protection of this structure. In addition, staff requests conceptual approval of the relocation of the structure to vacant land behind the White City Improvement Club that is currently owned by the Club. Staff recommends that $25,000 be moved from the Post Office Machinery and Equipment budget because we may not be ready to use the $51,000 that was reserved for the Audio-visual Theatre System that is budgeted since the Post Office may still be in the final restoration stage at the end of this fiscal year. FUNDS AVAILABLE: A line to line is requested to move $25,000 from the Post Office Machinery and Equipment budget 001-7913-564000-700 to Aid to Private Organizations 001-7913-582000-700. PREVIOUS ACTION: June 27, 2006 the BOCC approved a $25,000 match to a State grant. RECOMMENDATION: Authorize the Chair to sign the grant contract prepared by the County Attorney to provide a $25,000 grant to match $25,000 raised by the White City Improvement Club to move the historic Jorgensen House. COMMISSION ACTION: .APPROVED [] DENIED [] OTHER: Approved 5-0 County Administrator Review and Approvals County Attorney: Management & BudgetkLl- Purchasing: Originating Dept: Other: Other: Finance: _X_ (Check for Copy only, if applicable) Effective: 5/96 LINE -TO -LINE TRANSFER REQUEST DEPARTMENT: CULTURAL AFFAIRS DATE: 11/28/2006 W d# w ,. ,ACCOUNT NUMBER ACCOUNT OMB ACCOUNT NAME AMOUNT .BALANCE :. �:VERIFY, TO: 001-7913-582000-700 Aid to Private Or . $25,000.00 $0 $25,000.00 FROM 001-7913-564000-700 Mach. & Equip. $25,000.00 $254,500 $25,000.00 REASON FOR TRANSFER: Provide grant to match $25,000 raised by St. Lucie Historical Society Inc. a tax exempt IRS sec. 501 c 3 or . , and the White City Improvement Club. Per Board authorization 11/28/2006 meeting, agenda item C-12. CONTACT PERSON: DEPARTMENTAL APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: Jody Bonet PHONE #: 1767 OMB NOTES: $50,000 INPUT DATE: INPUT BY: LINE -TO -LINE TRANSFER #. DOCUMENT #: 1 11/07/2006 01:21 7724622117 R_DOCUMENT_VIEW ST LUCIE OMB PAGE 01 Page 2 of COUNTY i[ n R I n- LTEM NO. DATE: REGULAR 9 June 27, 2006 I PUBLIC HEARING [ ) CONSENT (x I TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Cultural Af'fxlra PRE8ENTED BY: Debra E3rIsso SUBJECT: Request permission to provide $25,000 as Matching funds. BACKGROUND: Matching funds to be used with a grant to restore the Jorgensen House toward its original condition, The building will be used as a living history museum and the White City Historical Archive, FUNDS AVAILABLE: 001-7310.523000-700 Cultural Atfeirs (Group Insurance) - $10,000 001-731 D-S82000-700 Cultural Affaira (Aid to pdYete Org) - $16,000 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the request to provide $25,000 In matching funds to the White Cfty Improvement Club oontingent on the club receiving a state gront. COMMISSION ACTION: [ APPROVED [ J DENIED co I .N-CE. j OTHER Approved 5-0 oug Anderson County Administrator Caordln®tIoN9lan County Attorney: mb Management & eudast Other, attp : //documents. stluci eco. gov/weblinkIDoc Vi ew_ asp?DocumentID=1565 &Fo lderlD=1443 &SearebRaudle... 11 /7/2006 .11/07/2006 01:21 7724622117 STR DOCUMENT VIEW Z r•• BOARD OF COUNTY COMMISSIONERS June 19. 2006 To Whom It. May Concern: ST LUCIE OMB PAGE 02 Page 2 of . COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON St, Lucie County staff will recommend to the Board of County Commissioner's that the County provide a $26,000.00 match to the State Grant to move and restore the Jorgensen House toward its original condition. This building will be used as a living history museum and the White City Historical Archive. Sincerely Dough? M. Anderson County Administrator C: Board of County Commissioners Marie Gouin, Director of Management and Budget Debra Brisson, Cultural Aftirs Director Ray Wezny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan McIntyre, County Attorney Dorran Russell, President of the White City I'mpnovernent Club r JOSEPk E. SMITH. DW(IC1 tlo, 1 1 DOUG COVAR), 0I111kr No. 2 • PAUEA A. LEWIS. Dulfw No. D • WKWE HUTCHIN30K, Dijmcr N6. 4 • CRRIS CRAFT, Disrarr (Vp. 5 COMW AdminISPOFE)i • Doupfca M. Areeison ittp://documents.stlueieco.gov/weblink/DocView.asp?DocumentID=1565&FolderZD=1443&SearchHandle... 11 /7/2006 &T. LUCIL MTORICAL SOCIETY, W. Post Office Box 579 Fort Pierce, f-lorida 34954-0573 6 the MITE CITY IMPROVMNT CLUB, INC., 1006 Midway Road Fort Pierce, Florida 34931 The Honorable Chris Craft, Chair Board of County Commissioners of Saint Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Request for $25,000.00 grant for moving and restoration of the Jorgensen -Hayes House Dear Commissioner Craft: The St. Lucie Historical Society, Inc., and the White City Improvement Club, Inc. request that the $25,000.00 grant approved by the Board of County Commissioners on the June 27, 2006 Consent Agenda be approved to match locally donated monies instead of for matching a state grant since the state monies would not be available until June 7, 2007 which is more than 5 months after the structure is slated for demolition. This joint historic preservation project of the St. Lucie Historical Society, Inc., and the White City Improvement Club, Inc., has also been endorsed and is also being supported by the St. Lucie County Historical Commission, the Port St. Lucie Historical Society, Inc., and the African American Revitalization Cultural Historical Association, Inc. The effort to save this historic structure and to restore it for use as the White City Historical Archives has also been featured on the front page of the local section in the July 23, 2006 edition of the PALM BEACH POST. [ Attachment 1] To date, $25,000.00 has been donated to the St. Lucie Historical Society, Inc., by the developer, Solaris Communities of St. Lucie, LLC. [ Attachment 2] In addition, the developer has also donated the structure to the Society which is valued at $31,000.00. [ Attachment 3]. Culpepper & Terpening, P.A., has graciously pledged to donate its services for the project and a fund raiser is being hosted by the St. Lucie Historical Society, Inc., at the home of Donna and Chris Fogal on November 30th, 2006. A host committee consisting of 12 families have pledged to either raise or donate a $1,000.00 apiece. [ Attachment 4].The painting, "The Great White City - 1893" by local artist, Dorran Ruben Russell, valued at $15,000.00 is also being donated by the artist to the Society and the auction proceeds will be used in the funding of this project. The following are some of the honorary Co -Chairs for the fundraiser: The Honorable Ken Pruitt, President Designate of the Florida Senate 2006-08, The Honorable Kenneth Mascara, Sheriff of St. Lucie County, The Honorable Tim Mahoney, U.S. Representative Elect - 16' Cong. Dist. of Florida, The Honorable Bob Davis, St. Lucie County Tax Collector, The Honorable Havert Fenn, St. Lucie County Commissioner, 1982-96, The Honorable Jeff Furst, St. Lucie County Property Appraiser, The Honorable Katherine Hensley, Chair, St. Lucie County School Board, The Honorable Joanne Holman, St. Lucie County Clerk of the Circuit Court, 1993-04, Cynthia and Joe Crankshaw, Ramon Trias, AICP and Ada Coats Williams. Also attached is an artist's rendering of the restored White City Historical Archives. We thank the Board of County Commissioners' for it's consideration of our request. CITY MPROVEMENT CLUB, INC., President 2 7ic� ° a N �L , Q QJ �.0 J �• • � � N CI N yy� .� Qr'L. C .`�. L t�`�•y 6i nC •L'7u .Y � �� � Y vu' uuL `u a d!1 G x G X N N l7 'L M p, p •y ' SL t17 U.C�Ljv:E °�ncL �37•y�w��Q� 'rwj •- cv� a? m C a 2p y J j Q 3.COw�ili `� y c r_ _ =� e E • PAO �a1 SG f r Q c7r`m3_3��'�`z^��' ���+f � �V.. G O� ° Grp •� � W Cv:4 CL�u°7 try �� C r Ma Cc t- - 0 0 L L Qi Q •p y !iJV 'S Y .'2., C a i C b,8 Z+.°. .u...�S°' iL- A- 42 pp V ev Cv •� F+ V •O w a W F as 3= ;' 3c u^� r °' C i c'> r �t 5 5 i Uro .4 o-ap• ytkCA- •�� pI ',,r.�_ icy _ y��M.�x vfly�a� z� ?jO"ti�''l+c! .1 '46/�n O�^C'�Oa$� C� �I'��j ,C L"y � �. c ,� w y�? •����� �� � � pCD > cc 0acc' — r a % u'. . GQ7 a�cacc'a+`° •G., CJ� �.r Ems^ l^`�`=ro°Q.5 o� arc >,t+ On of c c o a �•�O m•ro� > v .b,o ra es o c�'r + > C1y' a II1 d ril °L ���u c �1 �i �fi:•yyy� MAI, ��-� "rer�u�c c a'ear c (d (;� jC C y+a ^ °cL a . p 3 y,ri`��Q6ywa' 1+1 tP i 3tP'.3xo°Ram°caoFn o^ is��':. c� _2 8.2i'Sa> v '''�+a° cynv u' a.5l3�uZ r, y qCA _ y 6C r.. `•� .J �pA T�, Ad O� .1 t=.•= cti O— ^.�qq a I., AMa, r W �pO G • C w t�'Q t @AQCe r. = 3 to Sys z5�+ EcT' p aCEJCFr`2.2 -o °' b .a € tx•, /7 > L c y c.. �L' •-+ L,, mac. O �y to two cu y y a: C y�^C C �•�'y.0 V bo bo ov o' be>, SI p0 J CG Z Zo C oC y L. 1J ♦ ►c mac+cc � o bo vo °;cbao�,� E•� . r L .•C •'~ c i .'•r L. �+ '°Emcc000L5��� • 'C L t� b bC _� r a.0 > L y y O C .1 >^ I (v C� y• C �'., O E•u:LtxWJ = =a 9 .. �.. 06/20/2006 14:56 5617458727 PAGE 02/02 Bill of Sale This Bill of Sale is made this June 20, 2006, between Solaris Communities of St. Lucie, LLC, a Florida limited liability company ("Seller"), and St. Lucie Historical Society, Inc. ("Buyer"). Witnesseth, that Seller, in consideration of the sma of TBN DOLLARS (S10.00) and other good and valuable consideration paid to Seller by Buyer, the receipt and sufficiency of which are hereby acknowledged, donates, delivers, grants, bargains, sells and transfers forever to Buyer the following goods and chattels (collectively, "Personal Property"), to wit: The 1910 structure located on Seller's property in Ft. Pierce, Florida, at 4506 Sunrisc Boulevard (not to include any real property under or around the structure) Seder covenants to Buyer that: (a) Seller's the lawful owner of the Personal Property; (b) the Personal Property is free from all encumbrances; and (c) Seller has good right to sell the Personal Property. In Witness Whereof, Seller executed this Bill of Sale on the day and year first above written. Signeg seated and delivered Solal is Communities of St. Lucie, LLC, in the presence of. a Florida limited liability eomt an i � By: Si�ature of wironess Richard C. Sheehan, ember r.A f A -DP +rIJ Printed N e fitness 500 University Boulevard, Suite 207 Sipshwe of Witness Jupiter, Florida 33458 Printed Name of Witness State of Florida County of Pahm Beach The foregoing instruwent was sworn to and subscribed before me this day of Tune, 2006 by Richard C. Sheehan, Member of Solaris Communities of St. Lucie, LLC, a Florida limited liability company, on behalf of said company. He pC] is personally known or [ ] has produced a driver's license as identification. [Notary seal] .!<< KAM B. GUf KNBCffr MY ppµMl9SlOni I pD191>ISt FIN > XTsxe9 x7or.1lf,Y10q (roil9v59 nadaNarysUnlosaam My commission expires: Bill of Sale -- 3une 20, 7006 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/Environmental Resources PREPARED DATE: 11/16/2006 AGENDA DATE: 11/28/2006 ACCOUNT NUMBER TO: 001-3920-564000-300 001-3920-564000-300 FROM: 001-3920-540000-300 001-3920-549965-300 Mach Mach rave ACCOUNT NAME & Equipment & Equipment REASON FOR BUDGET AMENDMENT: Revise equipment request (machinery & computers. The increase for the computers went from $1,240 and $1,280. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: 0rinl�- BUDGET AMENDMENT #: BA07-020 DOCUMENT # & INPUT BY: AMOUNT ent $40 Commission Review: November 28, 2006 ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: County Commission FROM: Environmental Resources Director DATE: November 28, 2006 SUBJECT: Staff requests that the Board approve Budget Amendment BA07-020 in the amount of $120 and approve revised Equipment Requests E007-063, EQ07-064, and EQ07-066 for the purchase of three new computers. During the FY 2007 budget process, appropriation requests were obtained from the IT Department for the purchase of three new computers for the Environmental Resources Department. At the time of budget preparation the cost vas estimated at $i,240. The updatea quotes received from IT show that the costs have increased by $40.00 per computer to $1,280. All funds ($180) will be moved from other operating lines within ERD's 001 and 102 budgets. Funds will be made available in 001-3920-564000-300 General Fund — Environmental Resources — Machinery and Equipment and 102-3920-564000-300 Unincorporated Services Fund — Environmental Resources — Machinery and Equipment. Staff requests that the Board approve Budget Amendment BA07-020 in the amount of $120 and approve revised Equipment Requests E007-063, E007-064, and EQ07-066 for the purchase of three new computers. Vanessa Bessey Environmental Resources Director lnftrmbQt T»elal., Phone: (772) 462-1681 Fax: (772) 462-1443 BOARD OF COUNTY CONDMSSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 I Name/Address I ERD (Environmental Resource Dept) IT Quote Date Quote # 11/14/2006 1320 QUOTE VALID UNTIL W.O. # REQUESTOR 12/14/2006 82878 Description To, OPTIPLEX 745 Desktop PC 1 1,280.00 1,280.00 (2.4GHz+, 1GB memory,19" LCD monitor w/soundbar, 80GB hard drive, floppy drive, DVD+/-RW drive, USB keyboard & optical mouse, Microsoft Windows ;P Pro) VENDOR INFORMATION: Dell Computers One Dellway, RR2E Box 4 Round Rock, TX 78682 State Contract #250-000-03-1 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $1,280.00 stated. AUTHORIZED SIGNATURE *XW NOV 1 g 2006 �te=� �•ttr,.�; Phone: (772) 462-1681 Fax: (772) 462-1443 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGI IA AVENUE FORT PIERCE, FL. 34982 I Name/Address I ERD (Environmental Resource Dept) IT Quote Date Quote # 11/14/2006 1321 QUOTE VALID UNTIL W.O. # REQUESTOR 12/7/2006 82878 Description Qty Rate Total MICROSOFT OFFICE PROFESSIONAL LICENSE 1 292.50 292.50 (For PC Quote #1320) VENDOR INFORMATION: SHI (Software House International) 2 Riverside Drive Somerset, NJ 08873 The goods and/or services as quoted hereon have been requested in the quantity and quality stated. Quotes are valid for 30 days unless otherwise Total $292.50 stated. AUTHORIZED SIGNATURE NOV 1 6 2006 St.. Lucie County Mosquito control' District Paula A. Lewis, Chairman Doug Coward, Vice Chairman Joseph E. Smith Charles Grande Chris Craft t. MINUTES District No. 3 District No. Z District No. I District No. 4 District No. S AGENDA November 28, 2006 Approve the minutes from the meeting held on November 21, 2006 z. GENERAL PUBLIC COMMENT CONSENT AGENDA t. WARRANTS LIST Approve warrants List No. 8 Z. PURCHASING Approval of a Sole Source and Contract with Locher Environmental Technologies, Inc. for the procurement, installation, and maintenance of seven Cellular Telemetry Monitoring Systems for the Mosquito Control District — Consider staff recommendation to approve a Sole Source and Contract with Locher Environmental, Inc. for the purchase, installation, and maintenance of seven (7) Cellular Telemetry Monitoring Systems for the total amount $120,718.10. Also, staff requests the Board's permission for the Chairman to sign the contract as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. AGENDA REQUEST TO: MOSQUITO CONTROL DISTRICT SUBMITTED BY (DEPT): Purchasing ITEM NO. C-2 DATE: 11/28/06 REGULAR( ) PUBLIC HEARING () CONSENT (X) PRESENTED BY: Neil Appel, Purchasing Director SUBJECT: Approval of a Sole Source and Contract with Locher Environmental Technologies, Inc. for the procurement, installation, and maintenance of seven Cellular Telemetry Monitoring Systems for the Mosquito Control District BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: Account #145-6230-564000-600 (Machinery & Equipment) Account #145-6230-534000-600 (Other Contractual Services) PREVIOUS ACTION: Please see the attached memorandum. RECOMMENDATION: Staff recommends Board approval of a Sole Source and Contract with Locher Environmental, Inc. for the purchase, installation, and maintenance of seven (7) Cellular Telemetry Monitoring Systems for the total amount $120,718.10. Also, staff requests the Board's permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: (�C] APPROVED [ ] DENIED OTHER: Approved 5-0 County Attorney:(X) Mgr Coordination/Signatures Mgt. & Budget:(X) Originating Dept: CONCUR ',NCE: /I,.- DO'Ugfas M. Anderson County Administrator Purchasing: Other: Finance: (Check for Copy only, if Applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: November 17, 2006 RE: Approval of a Sole Source and Contract with Locher Environmental Technologies, Inc. for the procurement of Cellular Telemetry Monitoring Systems for the Mosquito Control District BACKGROUND: On May 25, 2004, the Board approved a Monitoring System capable of withstanding the salt -water environment of the mosquito impoundments. It currently provides telemetry transmission of Impoundment water levels and water quality data at Bear Point Mitigation Bank. This equipment is necessary to maintain project conditions as regulated by the Florida Department of Environmental Protection. The original system was purchased and installed by Locher Environmental Technology, LLC. (Locher) who is the sole authorized dealer and integrator of Campbell Scientific equipment. The Mosquito Control District is requesting approval to Sole Source the purchase, installation, and maintenance of seven additional Cellular Monitoring Systems. Using this equipment, District staff can be made aware of and respond to operations and maintenance issues before they become water quality emergencies. The total cost for purchase and installation is $70,749.09. The total cost for annual maintenance of the seven systems is $49,969.00. RECOMMENDATION: Staff recommends Board approval of a Sole Source and Contract with Locher Environmental, Inc. for the purchasing, installation, and maintenance of seven (7) Cellular Telemetry Monitoring Systems for the total amount $120,718.10. Also, staff requests the Board's permission for the Chairman to sign the contract as prepared by the County Attorney. MOSQUITO CONTROL DISTR TEL:561-462-1565 Nov 07'06 10:51 No.001 P.02 ,'COUNTY JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, tlTe proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Cellular Telemetry Monitoring Systems As a sole source procurement from. Locher Environmental Technologies, Inc W Name of Company, Locher Environmental Technologies, Inc Contsct Name: Kevin I:ocher - -- _ .-- .__......,�„ Phone: (866) 956-2437 The basis br this sole source determination and the reason no other vendor is suitable is: !ocher Is the sole source systems Integrator and authorized manufacturer representative for Campbell Scientific and KPSI products in Florida. This vendor Is the sole provider for the Integration of these products In Florida. The specifications are based on these specific products because of the need to integrate new telemetry needs with existing management software and technology, Department/Divislon Mosquito Conl re _.. _J Date 11/6106 w !Director Title Note: iSAffach Enter descrlption of goods or eervioes to be procured. Enter name of kale source contreadng, Enter the determinatlon and basis Fbr sole source procurement. ttach sole Source letter from vendor and department. PrOP0821 from vendor with ricin . Approved Disapproved O Purchasing DI or _ , Date MOSQUITO CONTROL DISTR TEL:561-462-1565 Nov 07'06 10:51 No.001 P.03 NOV/03/2006/FRI 10:08 AM C.S.I. ORDER ENTRY FAX No, 435 750 9671 P, 001/001 0 c A,MPsE1. L sciewrinc INC. 8td W. 1 WO M • Ian. UW18422141784 . (4,W4 W.431 - � (�0!! 750�Lbv0 - waw.aampltl�d.cgns November 3 2008 To whom it may concern: I hereby certify that the UloMng company: 'Locher Environmental Technology LLC 1201 9howdow Drive Lakeland, FL 33810 ..In the territory off State of Florida, US . Is the exclusive authorized manufactures representative and authorized supplier of the products and servlove manufactured by: Campbell Scientific [no 415 West 1800 North Logan UT, 84321 Jed B. Packer Sales Administrator . Campbell Scientific, Inc. 818 West 1800 North Logan, Utah 84321.1764 Phone:...,.,... (435) 750-9531 Fax ................. (435) 750-9871 Email: JedGCampbellscf,cam I MOSQUITO CONTROL DISTR TEL:561-462-1565 Nov 07'06 10:51 No.001 P.04 II Locher I Environmental 0 Technology II l October 5, 2006 RECEIVED DiT 11 20 MOSQUITO �ONTROL Proposal #100507 Page 1 of 3 Attn: Jim David St Lucie Mosquito Control District 3150 Will Fee Road Ft Pierce, FL 3495 L RE Monitoring Syatem iostnunentadon; 207 Ptvject Jim, We am pleased to provide the following proposal for the expansion of the Pump Stadon Monitoring, to include the the additioa of Wowing Inewmentation. New Mooltottng Patttp stations: Pump Station 16A w/ 6 AMP Sensors end 0 Level(a) Pump Station 14A Vv/ 6 AMP Sensors and 1 Leveks) Pump Station 14B w/ 6 AMP Sensors and2 Level(i) Pump Station 6N w/ d AMP Sensors and 0 Lt""fel(e) Pump Station 7N w/ 6 AMP Sensors and 0 L wsl(6) Pump Station M4 South w/ 6 AMP Sensors 90 wl I Level(s) Ptimp Station SB w/ 0 AMP Sensors and 2 Level(s) (Monitoring only) Additional Levels) added to the following Pump Stations: Pump Station 16A add I Levels) Pump Station i7A add 1 Level(s) Pump Station I1A add I Level(s) Pump Station 19B add I Laval(s) Rain Gauge hwapatlons: Pump Station 17A Ptrmp station I SA Pump Station 19A Pump Station 19B Locher Environmental Technology, LLC P.O. Box 91987 Lakeland, Florida 33805 Phone:863-853-3325 Fax:443-347-0534 MOSQUITO CONTROL DISTR TEL:561-462-1565 Nov 07'06 10:52 No.001 P.05 II Locher I Environmental Technology s - 111 1. Supply (7) each Pump Stations with approi►ed instrumentation, as follows: Ail 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CR1000 RAVLN-OPRS 15664 ENCIV14 J-NEMP-TNC 0-864-9 COAX-20 MSX20 12-12D AC 3PH CT19 700-130.OMI O 0424ER .Material Installation 16 TB/31 17 Engipeeting IS crl tion Measurement raid Control Module Cellular RAVEN GPRS Modem w/ Mounting Bracket SC932A Inter*cs for CR I OX Enclosu,e, Neitttt 4X, backpanel w/ pole mounting hardware GPRS Surge Pmtsction w/ TNC Jumper for CDMA Modem Omni Au ttru, Law -Profile, 3 dB, w/ Mount Antenna cable 20 Pt Length 20-Watt Solar Atulel, J-Box style, w/ Mount Sealed Gel Call Hattaty, 12 AH AC Line Monitor, 3-PH Power, 240VAC Current Thmducer for Pump Status/Oporatlon Monitoring KPSI Titanium PnC119M Transducer, 23 Ft Measurement Range - Ft of cable; X3W Ptrssure Transducer Cable Materials used For lrtstallation (Conduit, wire, hardware) -Day: Field EaSkjeerIng / Installation of Station Lumunentadon; to include wldn* proaamming, GPRS telemetry configuration, calibrations. Heldaraining and in -office training - (Labor, Hotel, Vehicle) Rain Gauge wtntdundng base with installation Trihedral Softwais Development SWPPing and Handling: Total: The following ioema wcm completed during 2006 iucpanaion: I Trihedral Upgrade VT SCADA 200 Tag upgmdc to 1000 Tag System 2 Trihedral Upgrade Dialer 200 Tag ttpgmdo to 1000 Tag System 3 Triitedtal UPgndo Control Browser SCWff200 Tag upgrudc to 1000 Tag System 4 Trihedml Upgrade Control Browser Dent 200 Tag upgrade to 1000 Tag System Locher'Environmental Technology, LLC P.O. Box 91987 Lakeland, Florida 33805 Phone:863453-3325 Fax:443-347-0534 sc4 EUtno WIon Q& Sit 1,390.00 7 9,730.00 745.00 7 5,215.00 90.00 ' 7 630.00 205.00 7 1,435.00 135,00 7 945.00 155.00 7 1,085.00 73.00 7 511.00 ' 480.00 7 3.360.00 69.00 7 483.00 75.00 7 525.00 110.00 36 3,960.00 1.170.00 14 16,380.00 1.35 1050 1,732.50 149.00 7 1,043.00 890.00 19 16,910.00 1,000.00 4 4.000.00 1.780.00 1 1,780.00 1,024,59 57Q.749.09 MOSQUITO CONTROL DISTR TEL:561-462-1565 Nov 07'06 10:52 No.001 P.06 I Locher I I Environmental 0 Technology I I I 2. Installation (Field); see line item #I S A. The White Fiberglass CR1000 Bnolosure will be mounted to the PS fence within an outer protective housing, B. The conduit to the motor control panel, all wiring for sensors, relays, solar panel and GPRS Modem shall be installed, wired, programmed, and calibrated by Locher Environmental. C. Upon completion of the installation, Locher Environmental shall submit one week's of performance data for each station, in graphic format, to indicate that satisfactory performance i8 achieved. 3. TfJndral Sottwam Development (Server); we line item #20 New scroens detailing each new pump station will be developcd to provide the following inforntation: • Monitor FP&L AC Power to Main pine! (monitor all three legs of 3-PH Power, 240VAC) • Monitor Pump Amperage of all three legs • Alarm based on Pump Amperage oui-of-range • Canfim d Impoundment Area Water"Level, 15 minute interval, 24 hour tnax / min • Coastal Impoundment Area Water Level. I S minute interval, 24 hour am / min • Rain&lL Daily Total • . Battery Voltage Terms; Net 30: FOB; Factory, Freight Quoted; Delivery: 12 Weeks; Federal ID: 59-3759481 Kevin Locher Locher Environmental Technology, LLC P.O. BoX 91987 Lakeland, Florida 33805 Phone: 863-853-3325 Fax; 443-347-0534 •MOSQUITO CONTROL DISTR TEL:561-462-1565 Nov 07'06 10:53 No.001 P.07 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 I W ""'• I MWL RECOMMENDED: IX YES NO REVISED M08Q01TO CONTROL .... E S NO REVISED ___ Oty 7, CELLULAR TELEMETRY MONITORING SYSTEMS AODITIONAL'COSTS )UNT: Sti9,185 X NEYY REPLACEMENT X YES NO q. r.. �:. . An Integrated Cellular Monitoring system capable of withstanding the salt -water environment of a mosquito impoundment wag approved by the Board on May 25, 2004 for the Bear Point Mitigatlon Bank. The purpose of the equipment was to provide telemetry transmission of Impoundment water level and water quality data necessary to meet Florida Department of Environmental Protection permit conditions for development of a 2-Dimensional Hydrological Model and multi -year success criteria monitoring. The system equipment purchase was awarded to Locher Environmental Technology, LLC. (Locher) the sole authorized dealer and integrator of the multi -disciplinary equipment Involved in the project (combining water quality, water level data, and pump and aerator operations tracking with cell -based telemetry). The additional equipment requested adds 7 more Impoundments to the telemetry system. Using this equipment, District staff can be made aware of operational and maintenance Issuer and respond to them before they become water quality emergencies. Each telemetry device Is $9,8a1, 2 t cost,7atimated at $1428 per Unit. ACCOUNT, 1 MOSQUITO CONTROL DISTR TEL:561-462-1565 Nov 07'06 10:53 No.001 P.08 Locher I �C r I Environmantal CE I V L D'- '~ �-0 Technology OCT 5 I M0S0 CONTROL Attn: Jim David St Lucie Mosquito Control District Proposal # 100506 1 3130 Will Fee Raoad October 5, 2006 Ft Pierce, FL 34951 RE; Annual Maintenance; Monitoring System Network Mr, David, We are pleased to provide the following scope of services for the maintenance, to include the monitoring for the Bear Point Network and the addition of 2007 Pump Station Expansion. Maintenance of existing Bear Point Monitoring Network and Pump Station Monitoring Network: A. The Campbell Scientific Network operadntwith the GPRS provides the ability for remote data monitoring of all recorded settaots. Our office rAMM ltta.aa in-house server with LoggerNet and Trihedral operating software. The LE (Locher scheduled nter Server will automatically collect data from the '(12) existing stations and (17) pump stations on a (4) hotu scheduled Interval. 9' Each morning. an LE Technician will review the latest data from the stations for a vetfcation of normal operation. C' Ifabnormaltnas exist, en email within 24 hours will be sent detailing the problem with a solution. A'If a trip is required, a date will be scheduled and coordinated with MCD. LE shall remedy the failure within two weeks. E. LE shall submit a scope of work for review at least 1 business day prior to the site visit. LE shall complete the scope of work within one week after the site visa ia.cbmpletc. F. LE shall respond to MCD requests for filibm9tion within one week. o: The monthly maintenance shall include site verification / adjustment of actual water elevations for QA, 6-month replacement of enclosure desiccant with (2) per enclosuro, 6-month removal of Level Transducers for cleaning, yearly replaeomont of Level Transdtreor desiccant,aerttidges. 1i. MCD shall not provide assistance with entlatenance, except for stations accessible only by boat. I. The maintenance costs and aerviceabla 9&&.Are listed as follows: 2007 Trihedral Software Maintenance @ 15% 2007 Campbell Scientific Software Maintemos. for LoggorNet IXS 698.00 2007 Server Softwuc Configuration @ 1/2-day; S 349.00 2007 Yearly System Monitoring Q avg. 2.15 bra / week 117 hrs/ 2007 Bear point Yearly On -Site Maintenance, 1 day/ month 12da $85 $890/� � y Y @ S 450.00 S 9,945.00 2007 Y)� Pump Station Yoar(ty On -Site Maintenance,1$ days / month (30 days/yr Q $890/day): 350L Level Transducer Desiccant @ S25/each; . . . S 10,680.00 $26,700.00 686L Enclosure Desiccant packets @ $4/eeeh: ' S 875.00 Emergency On -Call Response / Maintenance @ standard rate of $890.00 /day S 272.00 SubTotah $49,9` Terms: Net 30; FOB: Factory, PP&A; Delivery: 4 Weeks; Federal ID: 59-3759481 IEevin Locher - Locher Environmental Technology, LLC P.O. Box 91987 Lakeland, Florida 33805 Phone:80-853-3325 Fax:443-347-0534 OSQUITO CONTROL DISTR TEL:561-462-1565 Nov 07'06 10:50 No.001 P.01 FACSIMILE SHEET Saint Lucie County Mosquito Control District 3150 Will Fee Road Fort fierce, FL 34982 Date\Time: 11/7/06 9:47 AM This transmission has s -pages including cover sheet. Deliver to: Deslsee Fax #: -1704 From: Suzanno Hitchcock, Executive Assistant Fax #: (77714491*'1465 e-mail "Wucie.fl,us Phone (7721 402.149s St. Ucie County Erosion District Chris Grande, Chairman Charles Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis to NI_ NOTES District No. 4 District No.: District No. t District No. 2 District No. 2 AGENDA November 2a, 2o06 Approve the minutes from the meeting held on November 21, 2006 20 GENERAL PUBLIC COMMENT CONSENT AGENDA I• WARRANTS LIST Approve Warrants List No. 8 owl NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action talzen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting.