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Home My WebLink AboutAgenda Packet 04-24-07 April 24, 2007 ..00 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 PHONES 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 aSRs anyone wishing to speaR 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 OSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION -' Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. 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) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Chris Craft, Chairman 'o.eph E. Smith, Vice Chairman Doag Coward Paala A. Lewis Charle. Grande Dbtrict No.5 Dbtrict No. I Dbtrict NO.2 Dbtrict No. I Dbtrict NO.4 BOARD OF COUNTY COMMISSIONER' www.co..t-Iacie.fl.a. April 24, 2007 9.00 A.M. Invocation Pledge of Allegiance I. MINUTES Approve the minutes from the April 17, 2007 meeting. 2. (i) I~(ld \(0')1 íJi " ·eð-5.{)B. MprGV u:;/ 0 C. \~\O~€~ AV~roJ(ìA5VD. ç 0 E. f\?VðJfC~ - \ &) ~ F. f\~r(,WIA PROCLAMATIONS/PRESENTATIONS A. FAU Hometown Tours Presentation by Gerri McPherson, Campus Vice President Treasure Coast Campus Florida Atlantic University. Resolution No. 07-163 - Proclaiming April 22, 2007, through April 28, 2007, as uCOUNlV GOVERNMENT WEEK" in St. Lucie County, Florida - Consider staff recommendation to adopt Resolution No. 07-163 as drafted. Resolution No. 07-116 - Proclaiming April 23, 2007, through April 29, 2007, as uTHE THIRD ANNUAL lORA FEST! CARIBBEAN CELEBRATION" and further designating Saturday, April 28, 2007, as "lORA NEALE HURSTON DAV" in St. Lucie County, Florida. Resolution No. 07-159 proclaiming April 26, 2007 as "Confederate Memorial Day" in St. Lucie County, Florida - Consider staff recommendation to adopt Resolution No. 07-159 as drafted. Resolution No. 07-151 - Proclaiming May 13, 2007 through May 19, 2007, as "Law Enforcement WeeR" and Designating May 15, 2007 as "Law Enforcement Memorial Day" in St. Lucie County - Consider staff recommendation to adopt the attached Resolution No. 07-151 as drafted. Resolution No. 07-160 - proclaiming May 6, 2007 through May 12, 2007, as uSt. Lucie County Correction Officer's WeeR" in St. Lucie County - Consider staff recommendation to adopt Resolution No. 07-160 as drafted. J.5'-ò G. Resolution No. 07-150 - Proclaiming May 6, 2007 through May 12, 2007, as "Humane Society of St. Ap~ro{e Lucie County's Be Kind to Animals Wee!:?" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 07-150 as drafted. J rœ~~· Ray Wazny, Assistant County Administrator to present the St. Lucie County Employee of the Vear. Awo.f, I ~~ n I. Team Update presentation by Mar!:? Godwin, Criminal Justice Coordinator ¥,~(r9l ~ ---CmO\O\,jte_òt +k &JLlI-te r;)rescn\-tJI'vYl -µ~~<S~ skuil~ I. U GENERAL IÞUJ1,lC COMMENT r 4. CONSENT AGENDA ¿ '~!¡Gl.~...Q~~~.. PUBLIC HE RINGS . (J SA. There are no public hearings scheduled for April 24, 2007. END OF PUBLIC HEARINGS ~_'.""=»''';;¡''ÛJ<».'»».," ...,,@~,~ -- Yo."" "" "'.,:;¡">'.....h>"~i'" 1 ,~,.,'.=,"",' ~~ ",",,,,,,,",,,, ~- ~ """::.c>~=iXf~""Y='ID""" >.0 - Regular Agenda April 24, 2007 Page Two 6. ~/ 'I ADMINISTRATION Budget Amendment No. 07-056, Equipment Request No. 07-329 and request for the Board to approve funding of $9,418 to proceed with Phase I of the St. Lucie County Sheriff's Department recommended Security Improvement Plan - Consider staff recommendation to approve Budget Amendment No. 07-056 and transferring $9,418 from the General Fund Contingency to the Machinery and Equipment account noted above and approval of Equipment Request No. 07-329 for the implementation of Phase I of the St. Lucie County Sheriff's Department Security Improvement Plan. 7 ,¡¿Ù ADMINISTRATION 01Y1; rh ~ / ð1~ It') Recreation Advisory BO, arc! ~ At large vacancy - Con.~er .t,aff, recomme,nd,ation that the Board vot"e and , : 1)a. óYappoint one at large me,!,ber fr?m theRP'?.!J~ions sut¡>mitted to f~" ;he V,aca~cy. CI'ttfJ- - (;ÒSSQ ¡-.., Þi þf)¡X)~l--òf /<JHU¡Ò5;ltr}ó &rW~flA Mvji5~, L "< r" S 8. COUNTY AnORNEY' WI) - I(JU S c....y-- 1'1 f) ~b Trauma Care MSTU - Staff recommends that the Board: cïtJ, e -' ç;¿ s sar j i' ~Ò1. Determine whether to adopt Resolution No. 07-094 directing the Supervisor of Elections to place the cûÝ \¡{ question of creating a County-wide ~STU for trauma care services on the June 26 cial (f~' ~, subject to receipt of a signe agreement from Lawnwood agreeing to paying all of the costs of the June 26, 2007 special election. Determine whether to authorize staff to advertise a public hearing on whether to adopt Resolution No. 07-093 for a special meeting on Wednesday, June 27, 2007 q¡: 6:00 p.m. or as soon thereafter as the itemmaYbeheard.I.V;~ ct\ClP-YS b a,02.ßðtfiŒ ~^ký'ICc.A-( ~r"n ~ yeS Cßw~v~ / No , S SM\ ~.~ / ~e LVJì~/ YeS (fflÁr{\ º" / No . d'iol~ 57 2. },oJÔ (e~w}lt C~pJð) C'oJ 0 ß ~I~ ~ i' h:JO(~ I S1-610c{ J \" GU\OfhUYì ~. /~t.\ Jò~~ ~(tt -~]ID '~imlr>=««<' H;,"'ìl" V""I" ^'''''~T'-'''''''''~ r:m_~Þ'" CONSENT AGENDA .. -: ""'''ON<-'_'' -", l-~=<'" -='='-o-'.n~"i'ì_T.7 I. WARRANTS Approve warrant list No. 29 2. COUNTY ATTORNEY A. Resolution No. 07-149 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County - Consider staff recommendation to approve Resolution No. 07-149 and authorize the Chairman to sign the Resolution. B. 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. Pu~/{oJ@ Decommissioning Florida Aquifer Wells at the St. Lucie County International Airport - Agreement with V' I <::: Treasure Coast Resource Conservation and Development Council, Inc. - Consider staff recommendation to approve the proposed agreement with Treasure Coast Resource Conservation and Development Council. Inc., and authorize the Chairman to execute the agreement. D. B & E Houc!:? Enterprises, Inc. - Consider approval of Ground Lessor Consent and Estoppel Certificate in conjunction with sale to Volo Holdings Fort Pierce, LLC - Consider staff recommendation to approve the proposed Ground Lessor Consent and Estoppel Certificate, and authorize the Chairman to execute the documents. E. Resolution No. 07-145 - Urging the Florida Legislature to Defeat Legislation that would Preempt Local Regulation of Wetlands - Consider staff recommendation to adopt Resolution No. 07-145 as drafted. I. PARKS AND RECREATION A. Equipment Request No. 07-324 - Consider staff recommendation to approve Equipment Request No. 07-324 for the purchase of two computers, in the amount of $2,600 for the new La!:?ewood Par!:? Regional Par!:? pool. B. Review Camping Fees and Policies - Resolution No. 07-099 - Consider staff recommendation to approve Resolution No. 07-099, amending the rates and policies of the Savannas Recreation Area. C. Equipment Request No. 07-327 - Consider staff recommendation to approve Equipment Request No. 07-327 for purchase of a replacement ice machine in the amount of $1,999 for the Lawnwood Sports Complex baseball concessions stand. D. Recreation Software Contract - Consider staff recommendation to approve the contract with Active Networ!:?, Inc. for a recreation software system for the Par!:?s and Recreation Department, including sole source designation. Authorize the Chairman to sign the contract as approved by the County Attomey. 4. SOLID WASTE Staff requests approval of EQ07-331 and authorize the purchase of 3 Dell desl:?top computers with monitors for a total cost of $4,631.40. A new upgrade to the software program that trac!:?s and charges customers for disposal of solid waste is required. Information Technology has advised Solid Waste that the computers currently in use at the Scale House cannot handle the necessary upgrade - Consider staff recommendation to approve EQ07-331 and authorize the purchase of 3 Dell desl:?top computers with monitors for a total cost of $4,631.40. 5. PUBLIC WORKS A. Taylor Cree!:?/C25 Dredging Restoration Project Phase 3. Approval of Amendment No. 1 to Wor!:? Authorization No. 3 with Dredging and Marine Consultants for Phase 3 Shoreline Stabilization, Permitting Fees - Consider staff recommendation to approve Amendment No. 1 to Wor!:? Authorization No. 3 with Dredging & Marine Consultants, in the amount of $7725.00 for permitting costs related to Phase 3, Taylor Cree!:? Dredging. Con.ent Agenda April 24, 2007 Pagelwo PUBLIC WORKS CONTINUED B. Agreement with Inwood Consulting Engineers for additional professional engineering services regarding a signal warrant study to be performed at Angle Road Sidewal!:? Project. If a signal warrant study shows that a signal is justified, potential funding from FDOT may be available for construction - Consider staff recommendation to authorize the Chairman to sign the First Amendment to Wor!:? Authorization No.5 (Contract C03-09-708) with Inwood Consulting Engineers in the amount of $110,295.00 for the additional professional engineering services regarding a signal warrant study to be performed at Angle Road and Avenue Q, for the Angle Road Sidewal!:? Project. C. Change Order No.2 to Contract No. C06-11-782, for the grant project entitled South 26th Street Area Improvements, to Ric-Man Intemational, Inc., in the amount of $18,884.10, for additional construction services regarding canal ban!:? and side slope stabilization - Consider staff recommendation to approve and authorize the Chair to sign Change Order No.2 in the amount of $18,884.10, for a total contract price of $2,404,931.10 to Ric-Man International, Inc., for additional construction services pertaining to canal ban!:? and side slope stabilization for the South 26th Street Area Improvements project. 6. ADMINISTRATION A. Citizens Budget Development Committee - Consider staff recommendation to ratify Commissioner Smith's appointment of Michael L. McKinnon Jr. to the Citizens Budget Development Committee. B. Building Association Notification Policy No. 07-01 - Consider staff recommendation to approve Policy No. 07-01. 7. PURCHASING A. Permission to negotiate fees with firms in order of numerical ran!:?ing from Request For Qualifications No. 07-028, Treasure Coast Education & Research Development Authority Par!:? Masterplan, and if negotiations are successful, to award the contract to the successful firm to create the Masterplan - Consider staff recommendation to approve to negotiate fees with firms in order of numerical ran!:?ing from Request For Qualifications No. 07-028, Treasure Coast Education & Research Development Authority Par!:? Masterplan, and if negotiations are successful, to award the contract to the successful firm to create the Masterplan and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Permission to advertise and issue a Request for Qualifications (RFQ) for an operator for the Central Florida Foreign Trade Zone #218 - Consider staff recommendation to approve to advertise and issue a Request for Qualifications (RFQ) for an operator for the Central Florida Foreign Trade Zone #218. C. Award of RFP No. 07-038 - Hazardous Household Waste Collection - Solid Waste Department - Consider staff recommendation to approve award RFP No. 07-038 - Hazardous Household Waste Collection - Solid Waste Department - The Selection Committee recommends approval to award RFP No. 07-038 - Hazardous Household Waste Collection Services to the top ran!:?ed proposer, Clean Harbors Environmental Services, Inc. and permission for the Chairman to sign the contract as prepared by the County Attorney. D. Rejection of all Bids for ITB #07-054, lIous Ellis Par!:? Splash Par!:? - Consider staff recommendation to reject all Bids Received for Bid No. 07-054 because they exceed the project budget. E. Permission to advertise a Request for Proposals for Surfing Businesses to provide surfing lessons on County Beaches - Consider staff recommendation to approve the request for permission to advertise a Request For Proposal (RFP) for Surfing Businesses to provide surfing lessons on County Beaches. 8. PUBLIC SAFETY Request to approve the agreement between Sprint/Nextel and St. Lucie County for the 800 MHz re-banding - Consider staff recommendation to approve and have the Chairman sign the agreement between Sprint/Nextel and St. Lucie County for the 800 MHz re-banding. Con.ent Agenda April 24, 2007 Page Three 9. GRANTS A. Staff recommends the submittal of a grant application to the US Department of Transportation, Office of Aviation Assistance, Small Community Air Service Development program for funding not to exceed $500,000, to conduct a study to determine the feasibility of St. Lucie County attracting and supporting commercial air service, including community and business surveys and a mar!:?eting plan. B. Authorize the submittal of a grant application, and resolution 07-155, to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) for funding to design, permit, and renovate the Summerlin Boat Doc!:? - Consider staff recommendation to approve the submittal of the grant application, and resolution 07-155, to the Florida Fish and Wildlife Conservation Commission - Florida Boating Improvement Program and the match of $50,000 to be proposed in the 2007-2008 budget acceptance of the grant if funding is awarded. C. Authorization of the submittal of a Transportation Enhancement grant application to the Florida Department of Transportation for FV 2010/2011 funds for $400,000 to assist in the construction of a sidewal!:? along Angle Road. In addition, authorization of the approval of Resolution 07-157 that indicates the Board's support for the project - Consider staff recommendation to authorize the submittal of this $400,000 Transportation Enhancement Application to the Florida Department of Transportation to facilitate the construction of a sidewal!:? along Angle Road, and approve Resolution 07-157 indicating Board support. D. Authorize the submittal of a grant application to the Florida Communities Trust (FCT) Florida Forever Program for funds in the amount of $6,600,000 to acquire environmentally sensitive lands owned by Harbor Branch Oceanographic Institution (HBOI). Additionally, authorize the acceptance of the grant if it is awarded. Also authorize an increase in the amount of acreage that potentially can be acquired from HBOI from 253 acres to 259 acres to allow for the acquisition of an additional 6 acres !:?nown to have a large population of endangered La!:?elas mint - Consider staff recommendation to authorize the submittal of the FCT grant application for the HBOI project and the acceptance of the grant if it is awarded. Staff also recommends increasing the acreage that potentially can be acquired from HBOI from 253 acres to 259 acres. I.. AIRPORT Request for approval of PBS&J Wor!:? Authorization for preliminary design services for the extension of Taylor Dairy Road to connect to the Kings Highway via the Airport West Commerce Par!:? for the lump sum amount of $496,863.00 - Consider staff recommendation to approve the PBS&J Wor!:? Authorization for preliminary design services for the Taylor Dairy Road connection to Kings Highway, for a lump sum amount of $496,863, and authorize the Chair or designee to execute the same. II. CENTRAL SERVICES Purchase of HP Designjet 820 MFP 820 Scanner at a cost of $21,603.00 - Equipment Request CSEQ07-326 - Consider staff recommendation to approve the purchase of the HP Designjet 820 MFP Scanner at a cost of $21,603.00 and approve Equipment Request CSEQ07-326. 12. COMMUNITY SERVICES A. Resolution No. 07-142 to adopt St. Lucie Local Housing Assistance Plan for Fiscal Years 2007-2008, 2008-2009, 2009-2010, State Housing Initiative Partnership (SHIP) program - Consider staff recommendation to adopt Resolution No. 07-142 amending the St. Lucie County Local Housing Assistance Plan for Fiscal Vears 2007/08, 2008/09, 2009/10 State Housing Initiative Partnership (SHIP) program. Con.ent Agenda April 24, 2007 Page Four COMMUNITY SERVICES CONTINUED B. Authorization to submit grant application for Community Services Bloc!:? Grant TraininglTechnical Assistance Program: Eamed Income Tax Credit and other Asset Formation Opportunities - Consider staff recommendation to authorize the submission of a grant application to the US Department of Health and Human Services requesting an amount not to exceed $50,000 to further a program to proved capacity-building collaborations that create or expand asset formation and financial literacy services among low-income households, accept the grant if awarded and authorize the Chairman to sign all necessary documents. II. UTILITIES A. Staff requests approval of the Release of Retainage and Final Payment Application for Interstate Engineering Corp. for construction services related to the South Hutchinson Island Water Reclamation Biofilter Odor Control System project in the amount of $28,524.90 - Consider staff recommendation to approve the Release of Retainage and Final Payment Application for Interstate Engineering Corp. for construction services related to the South Hutchinson Island Water Reclamation Biofilter Odor Control System project in the amount of $28,524.90. B. St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2004/2005 - Consider staff recommendation to approve the adoption of Resolution No. 07-152 ratifying and accepting Fiscal Year 2004/2005 St. Lucie County Water and Sewer District Annual Comprehensive Report. C. St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2005/2006 - Consider staff recommendation to approve the adoption of Resolution No. 07-153 ratifying and accepting Fiscal Year 2005/2006 St. Lucie County Water and Sewer District Annual Comprehensive Report. 14. MANAGEMENT AND BUDGET Resolutions 07-161 and 07-162, to correct grant fund and to establish budget for South Causeway Par!:? from the Ft. Pierce Redevelopment Agency, respectively - Consider staff recommendation to approve resolution 07- 161 to change the fund number from 310206 to 310806 and resolution 07-162 to establish the budget from the Ft. Pierce Redevelopment Agency for Fiscal Vear 2007. 15. ENVIRONMENTAL RESOURCES Approval of the Agreement to provide certain volunteer services at Paleo Hammoc!:? and Pinelands Preserves _ Staff recommends that the Agreement be executed to enable the "Volunteer in the Preserve" at Paleo Hammoc!:? to commence. - ~nÞ<iìlì'=''''<WM''''_''>:", T ANNOUNCEMENTS April 24, 2007 - "7-"~'~·~·~· "' """"tme"=,~, ì-··'ITIn lTIIiIT"" _=,"=,~."mM 1. The St. Lucie County Master Gardeners are holding their "Spring Into Gardening Festival" on Saturday, April 28, 2007 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For more information contact the Extension Office at 462-1660. 2. Zora Fest 2007, Caribbean Celebration will ta!:?e place at Lincoln Par!:? Academy 1806 Ave I from 10:00 AM to 10:00 PM on Saturday April 28. Two special Zora Fest performances will be at the Sunrise Theatre Thursday and Friday evening at 8:00 PM with tic!:?ets for only $10. For more info call 462-1767 or www.zorafest.com 3. The Board of County Commissioners will hold a Wor!:?shop on Homeland Security on Monday, April 30, 2007 at 2:00 p.rn. in the County Commission Chambers. 4. The Board of County Commissioners will hold the La!:?ewood Par!:? Regional Par!:? Ribbon Cutting Ceremony on Monday, May 21, 2007 at 5:00 p.m. 5. The Board of County Commissioners will hold a Wor!:?shop with the St. Lucie County Fair Association on Wednesday, May 23, 2007 at 9:00 a.m. in the County Commission Chambers. 6. The Board of County Commissioners and the City of Fort Pierce will hold a Joint Budget meeting on Thursday, May 24, 2007 from 2:00 p.m. to 5:00 p.m. at the City of Fort Pierce Commission Chamber. 7. The Board of County Commissioners Budget Wor!:?shops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. 8. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to lac!:? of quorum. Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties (NACO) Conference on July 17th. 9. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. 10. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.m. 11. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Director at (772) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. _ ,~=" 1iV ~ f' ~, ''''W' ~ T ~~ ~\~1\1}' a-,.....~OIIIMI...- Paula A. Lewb, Chairman Doug Coward, Vice Chairman Jo.eph E. Smith Charle. Grande Chrb Craft District No. I Dbtrict No.2 Dbtrict No. I Dbtrict No.4 Dbtrict No.5 AGENDA April 24, 2007 I. MINUTES 1 I¡d 0H~o Approve the minutes from the meeting held on April 10, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. ,WARRANTS LIST .1 Approve warrants List No. 28 and 29. ~eJ1 ~~?//ù o NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal:?en 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 Director at (712) 462-1m or TDD (712) 462-1428 at least forty-eight (48) hours prior to the meeting. -~~''1¡:nli'~ûir-''''T ~ 17" .. ~.'''. ..... ...... ..... 1MIIkI,,· . . ..... ,'. '.' "........ .... .. '. ,:. ~..' '''c. ._'" k '. '. f,. I,. .~! -~r Û 11111[ m' ¡¡;¡ Char Ie. Grande, Chairman Chrb Craft, Vice Chairman 'o.eph E. Smith Doug Coward Pallia A. Lewb t. íf-1 J)pp (Wr; --() 2. t. j; 11 ìÐ(df fIn y() z. 1':r1)û(vlrJ rrn1)/ù Dbtrlct NO.4 Dbtrict NO.5 Dbtrlct No. I Dbtrict NO.2 Dbtrict No. I AGENDA April 24, 2007 MINUTES Approve the minutes from the meeting held on April 10, 2007. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LIST Approve Warrants List No. 28 and 29. PUBLIC WORKS A. Artificial Reef Grant Program: Enter into Wor!:? Authorization No. 08 (C-05-11-619) with Lee E. Harris, P.E., PhD, in the amount of $9,790, to perform monitoring and assessment of the County's artificial reef sites deployed in May of 2006 - Consider staff recommendation to approve Wor!:? Authorization No. 08 (C-05-11-619) with Lee E. Harris, P.E., PhD, in the amount of $9,790.00, and execution of said agreement by the Chairperson. B. Amendment No. 4 to Project Agreement No. 04SL1 with the Florida Department of Environmental Protection (C04-01-013) extending the grant expiration date to December 31, 2008 - Staff recommends Erosion District Board 1) approval of Amendment No. 4 to Project Agreement 04SL1 (C04-01-013) with the Florida Department of Environmental Protection and the execution of said agreement by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. SLC-N-Team Code Assistance Plan Program Goals: Helping low income and elderly homeowners bring properties up to code. In the unincorporated area ofS1. Lucie County,there are a total of389 open cases since January 1,2007 thru April 1, 2007. Proiect Statement: Collaboration of Govemmental Departments and Community Resources to better to create a system to help low income and elderly homeowners, train offenders (inmate trustees and community service workers) along with reducing the deteriorating homes throughout the County. Initial Steps: 1. Meeting of the Heavy Lifters: (4/23/07) · Discuss Issues · Identify and collect data and Info. · Put data into easy to comprehend formulas (graphs - flow charts) · For those individuals who couldn't attend - one on one meeting. 2. Task Force Meeting: · Present data (handouts to take with them) · Discussion of issues - (lunch meeting - pizza & soda) 3. Task Force Members take info back to their departments for discussion. · Feedback · Impact · Suggested solutions 4. 2Nd meeting of Task Force · Each Member Presents feedback from their Department · Buy in from all task force members 5. Implementation Committee Support Staff: Suggestion - LT. Department (CnS Analyst), County, SLSO, PSL & F1. Pierce, and Community. Stakeholders: County Commission Chair, F1. Pierce Mayor, Port S1. Lucie Mayor, Code Enforcement Board Members including Magistrates. Data: Code Flow Chart, Timelines, Standard Code Violations, Develop a project calendar, Homesteaded Property, Historic Properties, work schedules (weekend & weekdays), community service, verification of target population. ., '?t -- Port Saint Lucie News MONDAY. APRIL 23.2007 THE NEWS YOU NEED FOR THE WEEK AHEAD "Trauma center fate decided Tuesday" Sl Lucie County Commissioner will decide whether to allow a special referendum for a trauma center at Lawnwood Regional Medical Center All TAXPAYERS SHOULD HAVE A VOICE IN THE DECISION REGARDING THE PROPOSED REFERENDUM. THE TIMING OF THE PROPOSED REFERENDUM IS All WRONG FOR THE FOllOWING REASONS: 1. MANY TAXPAYERS AND ELIGIBLE VOTERS ARE OUT OF THE AREA AT THE TIME OF YEAR THAT THE VOTE IS PROPOSED TO BE HELD. 2. TAXPAYERS ARE NOT IN A POSITION TO MAKE AN EDUCATED DECISION REGARDING THEIR FINANCIAL CAPABILITY TO PAY THE COST ASSOCIATED WITH THE TRAUMA CENTER PROPOSAL ........ THE STATE LEGISLATURE HAS NOT DECIDED WHAT TAX ADJUSTMENTS IF ANY WILL BE MADE TO LOWER THE TAX BURDEN........ IN TURN COUNTY AND LOCAL GOVERNMENTS CANNOT PROVIDE INFORMATION ON TAX BURDENS IN THEIR JURiSDiCTION....... AND THE INSURANCE FIX THAT THE STATE LEGISLATURE PASSED IS PRODUCING MIXED AND LIMITED RESULTS. You can add to this the economic uncertainty [housing. gas prices. inflation etc.] which the entire country and Florida in particular are facing. 3. A TRAUMA CENTER SHOULD BE READILY ACCESSABLE TO ALL COUNTY RESIDENTS. THE LOCATION SHOULD NOT BE BASED ON THE CONFIGUATION OF THE COUNTY TODAY. IT SHOULD BE LOCATED BASED ON THE PROBABLE FUTURE. IT WOULD SEEM THAT BASED ON THE RECENT PAST. THE LOCATION SHOULD BE SOMEWHERE WEST OF 1-95 IF POPULATION NUMBERS AND GEOGRAPHIC AREA DRIVE THE DECISION MAKING PROCESS. 4. THERE IS NOT SUFFICEIENT INFORMATION AVAILABLE ABOUT THE BENEFITS AND LlABILlTES TO THE RESIDENTS OF SAINT LUCIE COUNTY AT THIS TIME. 1 - " .~ The Pa~ Beach Post carried an article on Wednesday, April 18, 2007 captioned "When Satisfied, call for election St. Lucie should approve vote on trauma center if agreement can be reached on all provisions.........the article went on to state "If county commissioners approve the referendum, the clock will begin ticking toward the vote ----- and ~~....£1'-~!....m!!~i.~.~....Ç?f....~!!...e!!!}....9.'.ß...~!! discussed. Then Lawnwood officials will ... "'''1 II.. 11.1 "'1 IIUI II II' .... ... t. 1.1'....... 1'1' 11.1.1.1. II .............. 1'11'111 .......... II 1.1111 t"t 1.1. 1"""1 have to sell the benefits of the center ........... III"'.' lI.n.. ..... II.. "'" ..... ............... .... I"'" ....... ..... 1I..t. 1111""'" .....,.. 11111.... "" jrg....~.!!...£!!9!!?!}.,....~y.~...!!~J?!t!r.!!!!:y....~2...~~ J:~.!.~.g~~Ì:!...!?~ ...§.~.:.....~Yog~!!...çgy!}.~:y..... [ W 0 rdi n 9 is critical repeat it twice] It appears that, if you schedule the vote.... and then the discussion of the merits of the plan the order is backwards. THE "REAL MERITS OF THE PLAN" SHOULD BE DISCUSSED BEFORE A VOTE ON THE TRAUMA CENTER IS SCHEDULED If the election to decide the fate of the Trauma center is scheduled as proposed, the interests of the Tax Payers of Saint Lucie County will need to compete with the resources of a FOR PROFIT CORPORATION and its well funded PR operation with paid staff in a very restricted time frame. This clearly is a mismatch favoring the interest of the FOR PROFIT CORPORATION over that of the Saint Lucie County taxpayers. It's time for the County Commission to "level the playing field" for the benefit of the taxpayers. Lawnwood Regional Medical Center created the schedule and they must live with it. Their scheduling decisions should not take priority over the interests of the taxpayers that are being asked to fund the Trauma center. Please do not schedule a vote at this time. THERE ARE JUST TOO MANY UNANSWERED QUESTIONS! 2 '. ¡pe- ~ ~ ~f 1õ (/~f7>I( I~'~~ , .. / _ ~-ft"<f- ~ ~I .~-- Lytï ~ ~ M ~4G-.L< tj r-- ð...-~ Z' 5 ¡....",,7¡" f~/...4 . . f .. r~ Th monumental effort she ALWAYS puts forth is admirable. He good so eon a ¡1Æ1~SY ;, ¡~ 4.. /~ (,<A.,..J~ SIu~ /'~ J ~ I~ ," ~ ;'¡-4-~kJ .....k ~"1' ~ ~a.- I~j~~· "'''.,< (' .. . . ;, I ~ ......--~ ~<~'=r~"-~~~j4,J$~~ 1)1;-. ~ ~. ?(~:.-::;:.)~: ~,P:J~>~~·'~· 51.., ,.... 'r l.-.. J t>-i J~r f _l..e.. </"-';"7 þ c..-~ · 5-1. ~ ~'f ;, -4v~ I. J...-. ~..J... ~ ~. <' 1- rL -'-Lµ'" t. ~ ~ f-Ø...¡.~ CJo' ~ ~ c-..J:y, ~ h...r. 4- r..» {-¡:..e j' b ..J /...~ ('~ -f.H ~ .. ~ ~CÇð~D~[§ ~ . .~. MAR '2 2 ~?~r;} :j BOARD OF COUNTY COMMISSIONERS 3J~ 07 DATE: \:l~R-Dlo NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: Jv\\8'>y 'S\~~A \e. DEP ARTMENT/DIVISION:. COUf'irv kc\ \'Y\'\ r\\~Ro..~1\, IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: C~~~ b~0 ~~~~.- &+#-1%1 SIGNATUR OF NOMINATOR . FORMS/empqtr 1 From: To: Date: Subject: Linda Wichnoski Pat Clute 4/17/20072:34:36 PM Quarter Employee I selected Missy Stiadle to be the "Employee of the Quarter" Thank you for letting me be a participant with the selection. E-mail addresses are public records under Florida Law and are not exempt from public-records requirements, If you do not want your e-mail address to be subject to being released pursuant to a public- records request do not send electronic mail to this entity. Instead, contact this office by telephone or in writing, via the United States Postal Service. (4/23/ 07 MissyStladle - A enda Item 2A From: To: Date: Subject: Missy Stiadle Agenda 4/23/2007 10:40 AM Agenda Item 2A I just received a call from FAU that they will be unable to attend tomorrow's meeting due to a schedule conflict and therefore would like to continue their presentation to a future Board meeting. Please note on your agenda. 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 JA ~ .,1') V00 .p Notes - 4/24/07 SOCC MEETING 2A. Gerri McPherson, Vice President Treasure Coast Campus Florida Atlantic University will be here to do the Presentation. 28. Eric Gill, Public Information Officer for St. Lucie County will accept. 2C. Vera Mann will be here to accept. 2D. Jim Jones will be here to accept. 2E. Garry Wilson will be here to accept. 2F. Garry Wilson will be here to accept. 2G. Frank Andrews, Executive Director of St. Lucie County Humane Society will be here to accept. 2H. Ron Roberts will be here for Ray Wanzy to present his plaque to. 21. Mark Godwin will present the update. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 17, 2007 Convened: 6:00 p.m. Adjourned: 9:10 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Charles Grande, Doug Coward (absent in Philadelphia, county business) Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Robert Nix, Growth Management Director, Vanessa Bessey, Environmental Resources Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Grande, seconded by Com. Lewis, to approve the minutes of the meeting held April 10, 2007, and; upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT A TIONS A. Resolution No. 07-146 - Proclaiming April 19, 2007 as "PATRIOTS DAY" in St. Lucie County, Florida. It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 07- 146, and; upon roll call, motion carried unanimously. 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident addressed the Board regarding environmentally acceptable dredging in Japan. 4. CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Grande, to approve the Consent Agenda as amended pulling item C2F and including the addition of CA-l. and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 28. 2. COUNTY ATTORNEY A. Extension of Declaration of State of Local Emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. B. Resolution No. 07-144- Extending State of Local Emergency- Ban on Open Air Burning in St. Lucie County- The Board approved Resolution No. 07-144 and authorized the Chairman to sign the Resolution. C. Contract for Sale and Purchase- harmony Heights Stormwater Improvement- Barbara James- Tax ID 1431-802-0034-000/6- Tax ID 1431-802-0033-000/9- The Board approved a contract for sale and purchase from Barbara James for 1 the purchase price of $49,400.00 authorized the Chainnan to sign the contract directed staff to proceed with the closing and record the Warrant Deed in the Public Records of St. Lucie County. D. Revocable License Agreement- Florida City Gas- St. James Drive- The Board approved the Revocable License Agreement authorized the Chainnan to sign the Revocable License Agreement and record the document in the Public Records of St. Lucie County, Florida. E. Road Improvement Agreement- Whispering Oaks- The Board approved the Road Improvement Agreement and authorized the Chainnan to sign. F. Resolution No, 07-145- Urging the Florida Legislature to Defeat Legislation that would Preempt Local Regulation of Lime Rock Mining and Wetlands- This item was pulled. G. Treasure Coast Connector Marketing Program- Second Amendment to November 30, 2006 Sub grant Agreement with Council on Aging of St. Lucie, Inc.- the Board approved the proposed second amendment to the November 30,2006 Sub grant Agreement. H. Florida Communities Trust-Heathcote Bonatical Park/FCT Project 04-045 FF4- The Board approved the option agreement for sale and purchase of the Stewart parcel for $15,600 as shown and authorized the Chainnan to execute the Agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 3. PUBLIC WORKS A. Acceptance of Budget Resolution No. 07-120 in the amount of $200,000 from St. Lucie River Issues Team for White City Canal D - The Board accepted Budget Resolution No. 07-120 in the amount of $200,000 from St. Lucie River Issues Team for White City Canal D Stonnwater Drainage and Water Quality Improvement Project. Funds to be administered by SFWMD. B. Engineering Division- Spoil Site removal at the Port ofFt. Pierce- The Board approved the contract with Dredging and Maine Consultants, LLC in the amount of $29,000 for Engineering Services for Taylor Creek Dredging. C. Second Amendment to Work Authorization No. 18- The Board approved and authorized the Chainnan to sign the Second Amendment to Work Authorization No. 18 for a time extension to May 31, 2007 for Soil Testing Services with Dunkelberger Engineering & Testing Inc., for the South Jenkins Road Extension. D. Request approval of Third Amendment- The Board approved and authorized the Chainnan to sign the Third Amendment to Work Authorization No. 16 for a time extension to May 31, 2007 for Soil Testing Services with Dunkelberger Engineering & Testing, Inc., for the Road Intersection Improvement projects. E. Accept project, release retainage and provide final payment- The board approved accepting the project, releasing the retainage in the amount of $59,270.69 and provide Final Payment to Contract # C04-02-124 in the amount of$59,270.69 to Ranger Construction Industries, Inc., for the construction of the Edwards Road at Selvitz Road Intersection Improvements project. 2 4. SHERIFF Extension Request for Alcohol and Other Drug Abuse Mini Trust fund Grant and modifications for use of funds- The Board authorized the grant extension until September 30, 2007 and authorized the St. Lucie County Sheriffs Office to modify the use of funds to ensure a quality program outcome. 5. CUL TURAL AFFAIRS St. Lucie Film Society- The Board authorized the Chairman signing a grant agreement for $22,000 prepared by the County Attorney with the St. Lucie Film Society and waive . the bid process to develop a Zora Neale Hurston documentary. 6. CENTRAL SERVICES David Brooks Enterprises, Inc./Contract No. C05-12-636- Construction of new Clerk of Court Building- Reduction of Retainage- The Board approved the reduction in retainage from 10% to 5% on remaining progress payments to David Brooks Enterprises for the construction of the new Clerk of Court Building # C05-12-636, the Board also approved the payment (Application No. 16-A) in the amount of $413,349.00 50% of current retainage withheld. 7. GROWTH MANAGEMENT Request of Margaret Spagnola, for final plat approval for the project to be known as Middle Fork Subdivision. The Board approved the final plat of Middle Fork Subdivision and authorized the staff to proceed with its final execution. 8. METROPOLITAN PLANNING ORGANIZATION Budget Resolution No. 07-143 to recognize the additional FWHA grant funding- The Board approved Budget Resolution No. 07-143 in the amount of $82,941.00 for 06/07 fiscal year. 9. INVESTMENT FOR THE FUTURE Wastewater Treatment Plan Capacity Increase Project- Emergency Operations Center- Fairgrounds Facility- The Board approved the Work Authorization with Masteller & Moler Inc., to provide the engineering services related to the wastewater treatment plant capacity increase, approved the Development Agreement between the BOCC and the County Utilities Department as drafted by the County Attorney, approved staff s request to go to bid for the project, approved the useofInvestment for the Future Funds in the amount of $299,376 to cover the Fairgrounds 55% proportionate share of costs and Fair Associations $50,000 (11 %) contribution. Accepted the Fair Associations $50,000 contribution toward the project, approved Public Safety's 34% proportionate share of costs in the a mount of $154,224 from Emergency Operations Center project funds. Approved Agreement/Resolution accepting the Fair Association's $50,000 contribution toward the Wastewater Treatment Plan Expansion project as drafted b the County Attorney. CA-1 Interlocal Agreement with the City of Port St. Lucie- Sidewalk Funding- The Board approved the Interlocal Agreement and authorized the Chairman to sign the agreement. REGULAR AGENDA PUBLIC HEARINGS 3 5.A GROWTH MANAGEMENT Approval of a Conditional Use Permit to allow the operation of a concrete block manufacturing plant in the IH zoning district in the Midway Industrial Park-Phase 3 the project is located at the intersection of South Jenkins Road and Post Office Road. The developer received no notice of the suggestion changes as reference in memorandum dated 1/30107 from the Environmental Resources Department. Staff recommends the Board consider continuing this item. The applicant advised the Board he was in agreement with the conditions and could be heard. It was moved by Com. Grande, seconded by com. Smith to approve the Conditional Use Permit with the suggested conditions from the Environmental Resources Department and the hours of operation, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT Petition of A.W. Riverlandiing LLC for a change in zoning from the RS-2 and CO to the PUD- zoning district and Final Planned Development Site Plan approval for the project known as River Landing PUD, Draft Resolution No. 07-052 - Consider staff recommendation to approve Draft Resolution No. 07-052 subject to twenty limiting conditions of approval. A continuance was requested . Mr. Dorian Russell, addressed the Board on behalf of the White City Improvement Club, thanked the Board and stated the property owners are now working in harmony with the developer. He concurred with the request for a continuance. It was moved by Com. Grande, seconded by Com. Lewis to continue this item on May 15,2007 at 6:00 p. m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT Petition of Riverview Developers LLC for granting Preliminary Planned Development Site Plan approval for the project to be known as Hunter's Run- PUD for property located on the east side of Germany Canal Road Draft Resolution No. 07-022- Staff recommends the Riverview Developers, LLC petition be continued until May 15,2007 to allow adequate staff time to evaluate the project in accordance with the Board's direction. Mr. Dennis Murphy, Culpepper and Terpening stated he had received the report and did not object to the continuance as proposed by staff. It was moved by Com. Grande, seconded by Com. Smith, to continue this item on May 15, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT Revocation or modification of the Conditional Use Permit for the Mellon Patch Inn, located on U.S. Highway A-I-A at its intersection with Jackson Way, Draft Resolution No. 07-054 - Consider staff recommendation to approve Draft Resolution No. 07-054 subject to seven limiting condition modifying the Conditional Use Permit. The Growth Management Director reviewed the history of this item. He advised everyone present the Bed and Breakfast regulations were not in effect when this establishment came before the Board in the 1990's. It was then approved with the commercial lodging standards applying with conditions being applied. 4 The Asst. County Attorney addressed the complaints received by various residents in the area and advised the Board no citations or code violations were issued with the exception ofthe dock not being permitted. Mr. Steve Tierney, attorney for Ms. Townsend, addressed the Board and advised them the parking issues alluded to by residents had been resolved. He also addressed the alcohol issue and stated the owner does not sell alcohol. He addressed complaints presented when previously owned. The new owner advises her clients all functions must be concluded by 9:00 p.m. Ms. Jane Brooks 1824 Pelican Drive, Ft. Pierce, addressed the Board and stated she had previously lived on Jackson Way and has presently given the home to her daughter. She expressed her concern with the propose use when the establishment first opened and stated since the new ownership, there have been adverse affects to the area. Ms. Lisa Bolton, friend and co-worker at the facility, addressed the Board in favor of the facility and its function/so She knows Ms. Townsend has invested a lot of money to make the place as beautiful as it is and fees this facility is an asset to the area and the county since there are few places in the county to have weddings and other functions. Mr. Richard Allison, 919 Jackson Way, addressed the Board and stated he felt the facility should remain with added conditions enforced. Ms. Jean Downy, North Hutchinson Island resident addressed the Board in favor of the establishment and asked everyone to attempt to come to an agreement. Ms. Anita Prentice, Professional Artist, addressed the Board in favor of the establishment. Ms. Jeanie Peachtree, Professional Artist, addressed the Board in favor of the Melon Patch and what it offers the area. Ms. Cindy Bryant, area resident, addressed the Board in favor of the establishment and stated the 911 calls and the calls to the county were made for no apparent reason since there were no violations recorded. Ms. Patricia Humm, Ft. Pierce resident, addressed the Board and stated her daughter had her wedding at the facility and at the time of booking the wedding she was advised loud music was not permitted. She expressed her dislike of anyone taking photographs of her daughters wedding without their permission. Ms. Pat Spradling, 925 Jackson Way, addressed the Board in opposition to the establishment and its present use. She stated this type of a business should be in a commercial area and not residential. In her opinion this establishment has lowered property values in the area. Mr. Robert Gorman, attorney for various homeowners in the area, addressed the Board on the various non-compliance issues, Resolution No. 92-254 and also questioned the property being homesteaded by the previous owner. He also submitted various items for the Board to review. He questioned a new owner using the facility as a banquet hall etc., would any other establishment in the area be permitted to do so with out adequate parking spaces. Com. Smith asked Mr. Gorman ifhe felt this establishment was a commercial lodging establishment. Mr. Gorman stated, "no" Com. Smith addressed how the issue was addressed at the time this was considered before the Board according to the Code. He stated in 1992 this was an establishment under the category and allowed to operate as a commercial lodging establishment not a 5 bed and breakfast by the prior Board. They cannot at this time say they are establishing a new law. Mr. Gorman stated all these type of facilities require adequate parking. It is clear they did not use it as a bed and breakfast in 2003, 2004 , 2005 and showed an intent it was not a commercial lodging establishment by going to the office of the county and saying it is a single family residence and not paying the necessary sales taxes. A bed and breakfast is not intended to be a yacht club, a banquet hall etc. Com. Craft stated this issue seems to get more convoluted. In light of the evidence presented tonight, he is asking the Boar to continue this item. The homestead issue is of concern and he felt they need time to review all the pertinent information and be better educated on the issue. The County Attorney suggested they need to look at the homestead issue which may impact the fact and or question if there is in fact an existing conditional use it may have been abandoned. Mr. Darrell Murphy, employed by Ms. Townsend as a security officer addressed the Board in favor of the establishment and stated he never encountered any problems at any functions with the clients. He had only exhibited problems with the neighbors harassing him as an employee. Mr. Brian Kilday, 909 Jackson Way addressed the Board and presented a video of a party being held at the establishment. He stated the loud music cannot be heard from the front of the establishment but can be heard behind it and down the canal. Ms. Ann Marie Collins, new resident of the area, addressed the Board and stated she had sat with a Code Enforcement Officer and could not understand how they could not obtain a noise level reading. Ms. Tina Sigmon, Ft. Pierce resident, addressed the Board in favor of the establishment. Ms. Lyn Posey, Ft. Pierce resident, addressed the Board with her concern relating to her daughters wedding scheduled for May of this year. Any action against the establishment would cause a hardship on the event. Mr. Floyd Grigsby, area resident, addressed the Board with reads to the code violation And the adverse affect the facility has on the area. Mr. Jack Ronsberg, area resident, addressed the Board and stated he has heard loud music coming from area residences. He also commented on the loud events held at Pepper Park. Mr. Adrian Cohen, Contractor stated the deck is made out of concrete and very stable and felt the parking situation comments were unjustified. Mr. Dennis Walton, businessman in the area stated his concern with the idea of a business being shut down with not violations on record. He reminded the Board there are not may businesses left in the county. It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on May 15,2007 at 6:00 p.m. or as soon thereafter as it may be heard and; upon roll call, motion carried unanimously. 6 5.E GROWTH MANAGEMENT Petition of Zentex Venture, LLC for a change in zoning from the AG-l and R/C zoning districts to the PUD zoning district and Preliminary Planned Development Site Plan approval for the project known as Breckenridge for property located on west side of Gordy Road, approximately 14 mile south of Okeechobee Road, west of the Florida Turnpike. Draft Resolution No. 07-020 - Consider staff recommendation to continue the public hearing on this item to a date certain as requested by the applicant. Upon the confirmation of a date for public hearing, the petitioner has agreed to bear all costs associated with the advertising, notifying of adjacent property owners, and the posting of the subject property. It was moved by Com. Grande, seconded by Com. Lewis to continue this hearing to a date uncertain with the applicant being responsible for all re-advertising costs, ~d; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT Ordinance No. 07-015 Public Hearing regarding proposed amendments to the St. Lucie County Parking Code- Continue the public hearing until May 1, 2007 to allow consideration of parking code changes by the entire Board. It was moved by Com. Lewis, seconded by Com. Grande to continue this hearing on May 1,2007, and; upon roll call, motion carried unanimously. 5.G COUNTY ATTORNEY Ordinance No. 07-004- Establishing the Whispering Oaks Community Development District- Consider staff recommendation to adopt Ordinance No. 07-004 and authorize the Chairman to sign the Ordinance. Com. Grande advised the Board he would not be voting in favor of this special district due to the taxing implications. It was moved by Com. Smith, seconded by Com. Lewis, to approve Ordinance No. 07- 004, and; upon roll call, the vote was as follows: Nay: Grande, Aye's: Lewis, Smith, Craft, motion carried by a vote of 3 to 1. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 7 i" .... From: To: Date: Caller: Company Phone: Michelle Hylton Stiadle, Missy 3/12/2007 1:45 PM Ron Bulger Government Relations @ FAU 561-297-1098 [*] Telephoned [*] Please call [ ] Will call again [ ] Returned your call [ ] Wants to see you [ ] Came to see you [ ] Urgent Needs to make a presentation at one of the upcoming BOCC meetings. Michelle Hylton Staff Assistant/Switchboard St. Lucie County Administration Phone: 772-462-1400 Fax: 772-462-2131 Emaíl: HvltonM(â)stlucieco.qov ifln @ j P '. From: To: Date: Subject: Attachments: "Ron Bulger" <BULGER@fau.edu> <odonnele@stlucieco.gov> 3/13/2007 4:07 PM Apr 24th County Commission Meeting FAU Hometown Tours (alumni).doc cc: Eva, <missy@stlucieco.gov> I have spoken with Ms. McPherson's Office and we would like to be added to the Apr 24th Agenda. Attached you will find a narrative explaining the FAU Hometown Tour and it intended purpose. As I stated earlier, this is about a 15 to 20 min presentation. A 4 minute professionally produced dvd is included within the presentation. We can supply our own laptop and speaker for dvd if needed. I will be in contact with Missy in the coming week to ensure we both have what is needed. Thank you allowing FAU to make this presentation. Please feel free to give me a call should you have any question @ 561.297.1098. Ron T. Bulger Ron T. Bulger '06 Assistant Director Governmental Relations Florida Atlantic University .. .__ ~...____. __n________________________ Pa --------------~-,-~-~---- FAU Hometown Tours FAU is the hometown University for more than three million residents living in cities large and small along Florida's southeast coastline. And with more than 100,000 F AU students and alumni living and working here at home, the University is already deeply woven into the fabric of all the communities it serves. To further enhance these relationships, FAU is taking its mission on the road with a series of "Hometown Tours". Every month, a member of the FAU leadership team will speak at a local city or county commission meeting within the University's service area, which stretches from St. Lucie County southward through Broward County. Organized by F AU's Government Relations Office, these meetings are intended to underscore the University's four-fold mission to deliver world-class education, conduct important research, serve as a source of knowledge and expertise and prepare others to make a difference in the 2151 century. "As a public university, FAU is closely connected with the people in its service area," said FAU President Frank T. Brogan'8l. "The hometown tours are another way to strengthen the bonds between the University and the greater community. The following are the Hometown Tour meetings which FAU held throughout the University's service area in 2006 and those which are scheduled for 2007: April 24, 2006 May 16 June 7 July 3 September 5 November 7 November 21 December 12 February 20, 2007 February 21 February 26 Port St. Lucie City Council Delray Beach City Council Hollywood City Council Ft. Pierce City Council Ft. Pierce City Council Deerfield Beach City Council Ft. Lauderdale City Council Broward County, County Commission Jupiter Town Council Davie Town Council Stuart City Council For additional information, please contact Ron Bulger, Assistant Director of Government Relations at 561-297-1098 orbulger@fau.edu. ommission Meetin '" From: To: Date: Subject: Attachments: "Ron Bulger" <BULGER@fau.edu> <odonnele@stlucieco.gov> 3/13/2007 4:07 PM Apr 24th County Commission Meeting FAU Hometown Tours (alumni).doc cc: Eva, <missy@stlucieco.gov> I have spoken with Ms. McPherson's Office and we would like to be added to the Apr 24th Agenda. Attached you will find a narrative explaining the FAU Hometown Tour and it intended purpose. As I stated earlier, this is about a 15 to 20 min presentation. A 4 minute professionally produced dvd is included within the presentation. We can supply our own laptop and speaker for dvd if needed. I will be in contact with Missy in the coming week to ensure we both have what is needed. Thank you allowing FAU to make this presentation. Please feel free to give me a call should you have any question @ 561.297.1098. Ron T. Bulger Ron T. Bulger '06 Assistant Director Governmental Relations Florida Atlantic University 'i FAU Hometown Tours F AU is the hometown University for more than three million residents living in cities large and small along Florida's southeast coastline. And with more than 100,000 FAU students and alumni living and working here at home, the University is already deeply woven into the fabric of all the communities it serves. To further enhance these relationships, F AU is taking its mission on the road with a series of "Hometown Tours". Every month, a member of the FAU leadership team will speak at a local city or county commission meeting within the University's service area, which stretches from St. Lucie County southward through Broward County. Organized by FAU's Government Relations Office, these meetings are intended to underscore the University's four-fold mission to deliver world-class education, conduct important research, serve as a source of knowledge and expertise and prepare others to make a difference in the 21 sl century. "As a public university, F AU is closely connected with the people in its service area," said FAU President Frank T. Brogan'81. "The hometown tours are another way to strengthen the bonds between the University and the greater community. The following are the Hometown Tour meetings which F AU held throughout the University's service area in 2006 and those which are scheduled for 2007: April 24, 2006 May 16 June 7 July 3 September 5 November 7 November 21 December 12 February 20,2007 February 21 February 26 Port St. Lucie City Council Delray Beach City Council Hollywood City Council Ft. Pierce City Council Ft. Pierce City Council Deerfield Beach City Council Ft. Lauderdale City Council Broward County, County Commission Jupiter Town Council Davie Town Council Stuart City Council For additional information, please contact Ron Bulger, Assistant Director of Government Relations at 561-297-1098 or bulger@fau.edu. ;¡. t AGENDA REQUEST ITEM NO. ~ 6 DA TE: April 24, 2007 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF ÇOUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-163 - Proclaiming April 22, 2007, through April 28, 2007, as "COUNTY GOVERNMENT WEEK" in St. Lucie County, Florida. BACKGROUND: County Administrator, Doug Anderson, has requested that this Board proclaim April 22, 2007, through April 28,2007, as "COUNTY GOVERNMENT WEEK" in St. Lucie County, Florida. The attached Resolution No.07-163 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-163 as drafted. COMMISSION ACTION: CONCURRENCE: Þ<J APPROVED [] DENIED [ ] OTHER: or Approved 5-0 County Attorney: 'IIi Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eft. 5/96 ". .' RESOLUTION NO. 07-163 A RESOLUTION PROCLAIMING APRIL 22, 2007, THROUGH APRIL 28, 2007, AS "COUNTY GOVERNMENT WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Corrunissioners of St. Lucie County, Florida, has made the following determinations: 1. The nation's 3,066 counties provide a variety of essential public services to communities serving 300 million Americans. 2. Counties take seriously their responsibility to protect and enhance the health, welfare and safety of its citizens in sensible and cost-effective ways. 3. Many county government initiatives involve the protection of valuable and vulnerable environmental resources in communities. 4. The National Association of Counties is the only national organization that represents county governments in the United States, provides essential services to the nation's counties, advances issues with a unified voice before the federal government, improves the public's understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value-added services to save counties and taxpayers money. 5. The National Association of Counties first celebrated National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the ';..; / nation's counties to meet the needs of the community. 6. This Board recognizes the leadership, innovation and valuable service provided by the nation's counties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board does hereby proclaim April 22, 2007, through April 28, 2007, as "COUNTY GOVERNMENT WEEK" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 24th day of April, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY .... c?b ~;¡ql¡n National County Government Week April 22 - 28, 2007 WHEREAS, the nation's 3,066 counties provide a variety of essential public services to communities serving 300 million Americans; and WHEREAS, counties take seriously their responsibility to protect and enhance the health, welfare and safety of its citizens in sensible and cost-effective ways; and WHEREAS, many county government initiatives involve the protection of valuable and vulnerable environmental resources in communities; and WHEREAS, the National Association of Counties is the only national organization that represents county governments in the United States, provides essential services to the nation's counties, advances issues with a unified voice before the federal government, improves the public's understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value- added services to save counties and taxpayers money; and WHEREAS, the National Association of Counties first celebrated National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation's counties to meet the needs of the community; and WHEREAS, in recognition of the leadership, innovation and valuable service provided by the nation's counties, NOW, THEREFORE, BE IT RESOLVED THAT, the St. Lucie County Board of County Commissioners hereby proclaim April 22-28, 2007 as National County Government Week in St. Lucie County. -. From: To: Date: Subject: Attachments: Erick Gill Eva O'Donnell 4/5/20072:30 PM Proclamation for 4-24 Proclamation - National County Government Week.doc Attached is the draft proclamation. Please advise if I need to do anything else. Thanks! Erick Gill Public Information Officer St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Tel: 772-462-1791 Cell: 772-342-6014 Fax: 772-462-6409 -- From: To: Date: Subject: Attachments: Eva O'Donnell Stiadle, Missy 4/5/20072:36 PM Fwd: Proclamation for 4-24 Proclamation for 4-24 cc: Gill, Erick Please place attached proclamation on April 24th's BOCC agenda. Contact Erick Gill for further info. Thanks, AGENDA REQUEST ITEM NO. .:.( C DA TE: April 24, 2007 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-116 - Proclaiming April 23, 2007, through April 29, 2007, as "THE THIRD ANNUAL ZORA FEST! CARIBBEAN CELEBRATION" and further designating Saturday, April 28, 2007, as "ZORA NEALE HURSTON DAY" in St. Lucie County, Florida. BACKGROUND: Mrs. Jody Bonet, St. Lucie County Cultural Affairs Director, has requested that this Board proclaim April 23, 2007, through April 29, 2007, as "The Third Annual Zora Fest! Caribbean Celebration"; and further designating Saturday, April 28, 2007, as "Zora Neale Hurston Day" in St. Lucie County, Florida. The attached Resolution No. 07 -116 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-116 as drafted. COMMISSION ACTION: CONCURRENCE: , M·, APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: (}J. Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 " RESOLUTION NO. 07-116 A RESOLUTION PROCLAIMING APRIL 23, 2007, THROUGH APRIL 29, 2007, AS "THE THIRD ANNUAL ZORA FEST! CARIBBEAN CELEBRATION"; AND FURTHER DESIGNATING SATURDAY, APRIL 28, 2007, AS "ZORA NEALE HURSTON DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The St. Lucie County Cultural Affairs council has organized a month long event celebrating the art, literature and music of Zora Neale Hurston's life in the Caribbean - Zora Fest! Caribbean Celebration - to recognize the literary achievements of one of St. Lucie County's most prominent citizens, the late award- winning author Zora Neale Hurston. 2. The Cultural Affairs Council invites the community to celebrate Hurston's life and her works by bringing her books, plays, folklore and anthropological works to the attention of the public. 3. Zora became known as the Queen of the Harlem Renaissance through her writings and friendships with the many black writers, musicians, sociologists, anthropologists and others, coming from the South to make their mark on a growing black movement in the 1920s and 1930s. Her most renowned book, "Their Eyes Were Watching God" was written in Haiti in 1936 and "Tell My Horse" discusses folk life in Jamaica and Haiti. 4. Zora Neale Hurston came to St. Lucie County toward the end of her life at the request of Fort pierce Chronicle publisher C. E. Bolen and worked as a newspaper reporter, and also taught school at Lincoln Park Academy, before suffering several strokes that led to her death in January, 1960. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim April 23, 2007, through April 29, 2007, as "THE THIRD ANNUAL ZORA FEST! CARIBBEAN CELEBRATION". 2. This Board does hereby further designate Saturday, April 28, 2007, as "ZORA NEALE HURSTON DAY" in St. Lucie County, Florida. 3 . This Board urges the ci tizens of St. Lucie County to participate in the events scheduled to honor Zora Neale Hurston. PASSED AND DULY ADOPTED this 24th day of April, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. 2D DATE: April 24, 2007 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mcintyre County Attorney SUBJECT: Resolution No. 07-159 proclaiming April 26, 2007 as "Confederate Memorial Day" in St. Lucie County, Florida BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A RECOMMENDATION CONCLUSION: Staff recommends that the Board of County Commissioners adopt Resolution No. 07-159 as drafted. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: [X] County Attorney: (þt'r )Jr [ ]Management & Budget Review and Approvals [ JPurchasing: [ ] Growth Management.:_ [] Parks & Recreation Director [ ] Solid Waste Mgr [ )Finance:(check for copy only, if applicable)_ Effective 5/96 · INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO: 07 -0693 DATE: April!7, 2007 SUBJECT: Resolution No. 07-159 proclaiming April 26, 2007 as "Confederate Memorial Day" in St. Lucie County, Florida BACKGROUND: Commander Wesley H. Frank, The Sons of Confederate Veterans, has requested thatthis Board proclaim April 26, 2007 as "Confederate Memorial Day" in St. Lucie County, Florida. The attached Resolution No. 07-159 has been drafted for that purpose. RECOMMEN DATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt Resolution No. 07- 159 as drafted. Respectfully submitted, DSM/cb RESOLUTION NO. 07-159 A RESOLUTION PROCLAIMING APRIL 26, 2007, AS "CONFEDERATE MEMORIAL DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. April is the month in which the Confederate States of American began and ended its four-year struggle for a sovereign and independent nation; and 2. State Statute Chapter 683 sets aside April 26th as Confederate Memorial Day; and 3. In proportion to its population, Florida contributed more soldiers and sailors to the Confederate services than any other state; and 4. St. Lucie County was settled by these returning veterans, who became some of the first officers of the County court; and 5. All Floridians should be knowledgeable of the history of the Civil War battles fought here, including Olustee and Natural Bridge; and 6. We study the Civil War for the same reason we study all wars; to understand the historical events which compelled them, to learn together and seek to avoid future conflicts. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: This Board does hereby proclaim April 26, 2007 as "CONFEDERATE MEMORIAL DAY" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 13th day of February, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY -- Ii., "" tUt"""'ì ~". 'L(\~l\Dì c2D .. L( J~k(/úl , PROCLAMATION ~\ '1) (1 ~ WHEREAS, in proportion to its population, Florida contributed more soldiers and sailors to the Confederate services than any other state; and WHEREAS, St. Lucie County was settled by these returning veterans, who became some of the first officers of the County cour;:' and fJ IJ D t~ te.k ~c¿,,)~~s.t>~~ WHEREAS, all Floridians should be knowledgeable of the history of the Civil War battles fought here, including Olustee and Natural Bridge; and WHEREAS, we study the War ~~tU~1t $$atc3for the same reason we study all wars," with & vicrð'1o understandf.R1'1he historical events which compelled them, ~e w¿) mtljl ~(mtiHI;!~ to learn together and seek to avoid future conflicts. NOW, THEREFORE, I, Patricia P. Christensen, Mayor of the City of Port St. Lucie, Florida, do hereby proclaim tJ;¡t(April 2007 be observed as: ,.. , 'LG, ~«'/~ DQ~ "Confederate itage M'iJntJt!' e.c,.co~~-=.. And u~ CJ.1,l7;ésidents to engage in a historical study of the events of 1861 to 1865. lilNd te ....Y6lwmly amkmplélk their 8tlerifia. IN WITNESS WHEREOF, I HA VE HEREUNTO SET MY HAND AND CAUSED THE OFFICIAL SEAL OF THE CITY OF PORT ST. LUCIE, FLORIDA, TO BE AFFIXED, THIS TWENTY- FIRST DAY OF MARCH, IN THE YEAR OF OUR LORD, TW01J:iD--USAND AND SEVEN 77://'1 ~ ,. .~, .~,,/:-¡.. ,. , .""/, i .~, " ,,!tk)l / j',- atricia P. Christense \.,J , -<~r;(,\ ~,.--(',~ \v //~ (\ ( '~_/ J ¡ 1 I I \ i I J -.. ILl f' i t '\ j :~,} J -I t-' It. .!; -""-' J_ f-' í 'Ii (; .,['.' 1 ClI (';1 :1. _~ __ -.~.,' ._;. -'.._ '~, - 't. ìJ t I ) l~. CH.11 ,\ l\t/\']'T erN I d WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, April is the month in which the Confederate States of America began and ended its four-year struggle for a sovereign and independent nation; and _ our state constitution sets aside April 26th as a day to observe and honor the memory of those'who lost their lives in the War Between the States; and in proportion to its population, Florida contributed more soldiers and sailors to the confederate services than any other state; and St. Lucie County was settled by these returning veterans becoming some of the first officers of the County court; and all Floridians should be knowledgeable of the history of the Civil War battles fought here, including Olustee and Natural Bridge; and we study the War Between the States for the same reason that we study all wars, with a view to understand the historical events which compelled them, so we may continue to learn together and seek to avoid future conflicts; and six hundred thousand men lost their lives defending what they believed in and we must not forget what they fought to defend. NOW; THEREFO~ I, ROBERT J. BENTON, III, Mayor of the City of Fort Pierce, acting on behalf and with full support of the City Commission, do hereby proclaim the month of April, 2007 as: "Confederate Heritage Month" in the City of Fort Pierce and urge all citizens to engage in historical study of the events of 1861 through 1865 and to solemnly contemplate their sacrifice. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official Seal of the City of Fort Pierce, Flotida, to be affDœd this 2nd day of April 2 7. í' r ,,^,,",,, ......-...-. :!-~ .-~~ _=~r~" "~ ~ --- -~-------- - --~,._--.._~._.__.~-_. ....- · AGENDA REQUEST ITEM NO. C2e DATE: April 24.2007 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 07-151 - Proclaiming May 13, 2007 through May 19, 2007, as "Law Enforcement Week" and Designating May 15, 2007 as "Law Enforcement Memorial Day" in St. Lucie County BACKGROUND: The St. Lucie County Sheriff's Office has requested that this Board proclaim May 13.2007 through May 19.2007 as "Law Enforcement Week" and designate May 15. 2007 as "Law Enforcement Memorial Day" in St. Lucie County fUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt the attached Resolution No. 07-151 as drafted. COMMISSION ACTION: CONCURRENCE: lXI' APPROVED [ ] DENIED ,.. [ ] OTHER: ~ Approved 5-0 County Attorney: ~' Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng,; ~ RESOLUTION NO. 07-151 A RESOLUTION PROCLAIMING THE WEEK OF MAY 13, 2007 THROUGH MAY 19, 2007 AS "LAW ENFORCEMENT WEEK" AND DESIGNATING MAY 15, 2007 AS "LAW ENFORCEMENT MEMORIAL DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Congress and President of the United States have designated May 15, 2007, as Peace Officers' Memorial Day and the week in which it falls as "Law Enforcement Week"; and 2. The St. Lucie County Sheriff's Office has been constituted by the State of Florida to uphold the laws and play an essential role in safeguarding the rights and freedoms of the citizens of St. Lucie County; and, 3. It is important that all citizens know and understand the problems, duties, and responsibilities of their law enforcement agencies, and that members of our Sheriff's Office recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder and by protecting the innocent against deception and the weak against oppression or intimidation. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 13,2007 through May 19.2007 as "LAW ENFORCEMENT WEEK" in St. Lucie County and call upon all citizens of St. Lucie County and upon all patriotic, civic, and educational organizations to observe that week with appropriate ceremonies in which all of our people may join in commemorating law enforcement and detention deputies. past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities. 2. This Board does hereby further designate May 15, 2007 as "LAW ENFORCEMENT MEMORIAL DAY" in honor of those peace officers who. through their courageous deeds, have lost their lives or have become disabled in the performance of their duty. ~ PASSED AND DULY ADOPTED this day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ,. "' f ..------F-·-¡'-1--........... .1- £QIJ)¿ ~e~cLi¡:)~L ~~~~ ...~~ _!idcJ.....¡ t7. Ì.)Ücc,. >1:\"'.5'. hi'.-...t-····-'-·- ·rH"^.'. ....,...-., 11\.s / 1\r,nf ' I Äf ~Lc.~2 ¡ ~f"..L Lr>' Ic-" t\tso ~':,~~5t,~qL~~nb. '_, .. i/'V . .... ._-_._~-C--. dpu,}J- ¿} pLod [,I ;'~ H{;J~.±VL C0..irE'L1 U,S \\!œ.lCJ2(1.,..(t).··h~-·.·.·..· ..... _ :J~ ~ r- f ........ l .' _"~' t- +'Ö f - l'\L"- C h. ~, L ~--- _,_.___.J----....---.---- ... RESOLUTION NO. ~ c7·1 ¡Ö1 ;J..( A RESOLUTION PROCLAIMING THE WEEK OF MAY 13 2007 THROUGH MAY 192007 AS "LAW ENFORCEMENT WEEK"; AND DESIGNATING MAY 15,2007, AS "LAW ENFORCEMENT MEMORIAL DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Congress and President of the United States have designed May 15,2007, as Peace Officers' Memorial Day, and the week in which it falls as Law Enforcement Week. 2. The St. Lucie County Sheriffs Office has been constituted by the State of Florida to uphold the laws and play an essential role in safeguarding the rights and freedoms of the citizens of St. Lucie County. 3. It is important that all citizens know and understand the problems, duties, and responsibilities of their law enforcement agencies, and that members of our Sheriff s Office recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 13, 2007 through May 19, 2007 as "LAW ENFORCEMENT WEEK" in St. Lucie County and call upon all citizens of St. Lucie County and upon all patriotic, civic, and educational organizations to observe that week with appropriate ceremonies in which all of our people may join in commemorating law enforcement and detention deputies, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities. 2. This board does hereby further designate Tuesday, May 15,2007, as "LAW ENFORCEMENT MEMORIAL DAY" in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of their duty. PASSED AND DULY ADOPTED this _ day of April, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY From: To: Date: Subject: Attachments: "Tammy Schwab" <SchwabT@stluciesheriff.com> "Missy Stiadle" <MISSY@stlucieco.gov> 4/12/2007 11 :09 AM Proclamation leo resolution.doc Good morning, Only one more working day until the weekend!! Please let me know what the procedure is to get the attached made into the resolution? Thank you. Tammy Sheriff's Office 462-3210 "'" AGENDA REQUEST ITEM NO. C2f DATE: April 24/2007 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 07-160 - Proclaiming May 6, 2007 through May 12, 2007, as "St. Lucie County Correction Officer's Week" in St. Lucie County BACKGROUND: The St. Lucie County Sheriff's Office has requested that this Board proclaim May 6, 2007 through May 12/ 2007 as "St. Lucie County Correction Officer's Week" in St. Lucie County FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt the attached Resolution No. 07-160 as drafted. COMMISSION ACTION: CONCURRENCE: ~] APPROVED [] DENIED [ ] OTHER: .fA- Approved 5-0 County Attorney: ~/~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eft. 5/96 - þ RESOLUTION NO. 07 -160 RESOLUTION PROCLAIMING MAY 6, 2007 THROUGH MAY 12, 2007, AS "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioner of St, Lucie County, Florida. has made the following determinations: 1. The week of May 6, 2007, through May 12, 2007, has been designated as National Correction Officer's Week. 2. Correction Officers are responsible for the infinitely difficult task of providing for the care and custody of approximately 1441 inmates held each day in the County's detention facilities. 3. Correction Officers playa vital role in protecting the rights of the public to be safeguarded from criminal activity; and the operation of a detention facility represents a crucial component of the criminal justice system. 4. This Board wishes to acknowledge Sheriff Ken J. Mascara and the 217 certified correction officers of the Department of Detention. NOW, THEREFORE, BE IT RESOL.VED by the Board of County Commissioners of St. Lucie County. Florida: 1. This Board does hereby proclaim May 6,2006, through May 12. 2006. as "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to recognize our Correction Officers for the fine job they do in protecting the rights of the citizens of St. Lucie County. PASSED AND DUL.Y ADOPTED this 24th day of April. 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL. FORM AND CORRECTION: COUNTY ATTORNEY RESOLUTION NO. Jv A RESOLUTION PROCLAIMING MAY 6, 2007 THROUGH MAY 12, 2007, AS "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioner of St. Lucie County, Florida, has made the following detenninations: 1. The week of May 6,2007, through May 12,2007, has been designated as National Correction Officer's Week. 2. Correction Officers are responsible for the infinitely difficult task of providing for the care and custody of approximately 1441 inmates held each day in the county's detention facilities. 3. Correction Officers playa vital role in protecting the rights of the public to be safeguarded from criminal activity; and the operation of a detention facility represents a crucial component of the criminal justice system. 4. This Board wishes to acknowledge Sheriff Ken J. Mascara and the 217 certified correction officers of the Department of Detention. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 81. Lucie County, Florida: 1. This Board does hereby proclaim May 6, 2006, through May 12, 2006, as "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in 81. Lucie County, Florida. 2. This Board urges the citizens of 81. Lucie County to recognize our Correction Officers for the fine job they do in protecting the rights of the citizens of 81. Lucie County. PASSED AND DULY ADOPTED this 6th day of May, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTION: COUNTY ATTORNEY (i AGENDA REQUEST ITEM NO. ~ DATE: April 24,2007 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 07-150 - Proclaiming May 6, 2007 through May 12, 2007, as "Humane Society of St. Lucie County's Be Kind to Animals Week" in St. Lucie County, Florida. BACKGROUND: The Humane Society of St. Lucie County has requested that this Board proclaim May 6, 2007 through May 12, 2007 as "Humane Society of St. Lucie County's Be Kind to Animals Week" in St. Lucie County, Florida. FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt the attached Resolution No. 07-150 as drafted. COMMISSION ACTION: CONCURRENCE: [>1 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: !fl Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eft. 5/96 " RESOLUTION NO. 07-150 A RESOLUTION PROCLAIMING MAY 6, 2007 THROUGH MAY 12, 2007. AS "HUMANE SOCIETY OF ST. LUCIE COUNTY'S BE KIND TO ANIMALS WEEK" IN ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. We have been endowed not only with the blessings and benefits of our animal friends who give us companionship and great pleasure in our daily lives. but also with a firm responsibility to protect these fellow creatures with whom we share the Earth, from pain and suffering; and, 2. We recognize that instilling attitudes of kindness, consideration. and respect for all living things through humane education in schools and the community helps provide basic values on which a humane and civilized society is built; and, 3. The people in this community are deeply indebted to the animal care and control agencies for their invaluable contribution in caring for lost and unwanted animals and promoting a true spirit of kindness and consideration for animals in the minds and hearts of all people; and. 4. The first fully week of May has been established by The Humane Society of St. Lucie County as the annual celebration of the philosophy of kindness to animals. NOW. THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 6. 2007 through May 12. 2007, as "HUMANE SOCIETY OF ST. LUCIE COUNTY'S BE KIND TO ANIMALS WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to recognize and support this event. PASSED AND DULY ADOPTED this day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney \0 dC ~ 1~4107 Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Dan McIntyre, County Attorney FROM: Jack Southard, Directo~ SUBJECT: Humane Society Proclamation ~ ø ){1 \/Ie¡ ~ ~1)1Il { ~I~~ \ ~. DATE: April 10, 2007 ***************************************************************** Attached is a proclamation the Humane Society would like recognized declaring May 6th - 12th, 2007 "Humane Society of St. Lucie County/s Be Kind to Animals Week@lI. Frank Andrews, Executive Director of St. Lucie County Humane Society, will be accepting the presentation. They would like to schedule this for the April 24th Board of County Commissioners meeting. Cc: Doug Anderson Missy Stiadle ... SA V PETS Sþav · Adoþt · Vaccinate · Educate Humane Society of St. Lucie County Official Proclamation Whereas: We have been endowed not only with the blessings and benefits of our animal friends, who give us companionship and great pleasure in our daily lives, but also with a firm responsibility to protect these fellow creatures, with whom we share the Earth, from pain and suffering; and Whereas: We recognize that instilling attitudes of kindness, consideration, and respect for all living things through humane education in schools and the community helps provide basic values on which a humane and civilized society is built; and Whereas: The people in this community are deeply indebted to the animal care and control agencies for their invaluable contribution in caring for lost and unwanted animals and promoting a true spirit of kindness and consideration for animals in the minds and hearts of all people; and Whereas: The first full week of May has been established by The Humane Society of Saint Lucie County as the annual celebration of the philosophy of kindness to animals. Therefore: By virtue of the power vested in me as of the , I proclaim and pronounce the week of May 6 to 12, 2007 Humane Society of Saint Lucie County's Be Kind to Animals Week® And do heartily encourage full participation of all our citizens in the events related thereto in this community. Signature Date Humane Society of Saint Lucie County 100 Savannah Rd. Fort Pierce, F134982 772-461-0687 Stiadle - Fwd: Pa From: To: Date: Subject: Missy Stiadle Anderson, Douglas 3/29/2007 1: 11 PM Fwd: Re: Employee of the Year c2)t cc: Clute, Pat; Cordeiro, Leo; Roberts, Ron Mr. Anderson we will have to do the presentation on April 24th because Ron has to be in Court on April 10th. Thanks Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce, FL 34982 »> Missy Stiadle 3/29/20071:04 PM »> Hey Ron, Mr. Anderson would rather do the Employee of the year presentation at the Board Meeting on April 10th. Do you have a problem with attending that meeting? 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 »> Douglas Anderson 3/28/2007 5:53 PM »> April 1 Oth »> Missy Stiadle 03/27/07 9:03 PM »> Ron would like to put employee of the year on for next week because Leo will be back. Pat Clute says to check with you because it is a night meeting. Which do you prefer April 3rd 6:00 p.m. or April 10 at 9:00 a.m.? Please let me know. 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 AGENDA REQUEST ITEM NO. to DATE: April 24, 2007 REGULAR [><] PUBLIC HEARING [ ] CONSENT [ j TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PRESENTED BY: RAYWAZNY ~ FAYEO~ SUBJECT: Budget Amendment #07-056, Equipment Request #07-329 and request for the Board to approve funding of $9,418 to proceed with Phase I of the St. Lucie County Sheriff's Department recommended Security Improvement Plan. SUBMITTED BY: ADMINISTRATION BACKGROUND: See attached memo. FUNDS WILL BE MADE AVAILABLE IN: 001-1955-564000-100 (Machinery & Equipment) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board's approval of Budget Amendment #07-056 and transferring $ 9,418 from the General Fund Contingency to the Machinery and Equipment account noted above and approval of Equipment Request #07-329 for the implementation of Phase I of the S1. Lucie County Sheriff s Department Security Improvement Plan. COMMISSION ACTION: [)~] APPROVED [] DENIED [ ] OTHER: CONCURRENCE: Approved 4-1 (Comm. Grande No) County Attorney: Coordination/Signatures Management & BU~ ¡ ¡ IÎ )~ Purchasing: 2i:t:. . / Public Works: Other: £--( aI Originating Dept: Finance: (Check for Copy only, ifapplicable)_, H:\AGENDA REQUESTSI2007IPHASE I SECURITY IMPLEMENTATION,DOC COUNTY ADMINISTRATION MEMORANDUM 07-11 TO: Board of County Commissioners Ray Wazny, Assistant County Administrator ~ Faye Outlaw, Assistant County Admi~({) April 16, 2007 FROM: Date: Subject: Implementation of Phase I of the St. Lucie County Sheriff s Department Security Improvement Plan. Staff has requested and received a St. Lucie County Sheriffs Security Survey of the County Administrative offices. Implementation is planned in three phases. Phase I will include a card swipe security for access to the Commissioners, Administration and the County Attorney's Office. Board approval is requested to transfer $9,418 from General Fund Contingency to the Machinery and Equipment Account 001-955-564000-100. RLW/jdp BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Information Technology PREPARED DATE: 4/16/2007 AGENDA DATE: 4/24/2007 ········c/ ........ III I' 1:1:1'::li.'!'~!!.'''í::::: TO: 001-1955-564000-100 Machinery & Equipment $9,418 FROM: 001-9910-599100-800 Continqency $9,418 REASON FOR BUDGET AMENDMENT: Implementation of Phase I of the S1. Lucie County Sheriff's Department Security Improvement Plan. CONTINGENCY BALANCE: $245,851 THIS AMENDMENT: $9,418 REMAINING BALANCE: $236,433 DEPARTMENT APPROVAL: OMB APPROVAL: ~ BUDGET AMENDMENT #: BA07 -056 DOCUMENT # & INPUT BY: DEPARTMENT FISCAL YEAR 2006-2007 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $305,851 ITEM ACCOUNT # Approved Budget Contingency 001-9910-599100-800 BA07 -004 BA07-007 BA07-008 Line-to-Line BA07-014 BA07 -023 BA07 -024 BA07 -029 BA07-033 BA07-041 BA07 -045 BA07 -050 BA07 -050 BA07-051 Proposed action: BA07-055 BA07-056 Old Civic Center Parking Lot Savannas Emergency Sewer Repairs Harbour Pointe Three-Phase Service Interfund Loan to complete ADA improvements @ Tradition Field Item C11 Reimbursement Ft Pierce CRA Ref BA07-008 New project for Env Resources ADA Review for new Special Needs Facility Internal Loan for Minor League Complex A.C. Replacement @ Tradition Field Editor for Media For repairs on generators that are being kept at the EOC. Architechtural services at St. Lucie County Fairgrounds Center-Aisle seating package for passenger van. Partial repayment for ADA improvements @ Tradition Field (not used) Heathcote Botanical Gardens Match Media Relations to upgrade the SLCTV Production Control Room Total used: Balance Available County Atty - Additional Litigation Services Info Technology-Phase 1 SLC Sheriff Security Impvmt Plan Balance Available After Proposed Action: AMOUNT $1,000,000 $25,000 $11,360 $4,099 $479,200 ($4,098) $22,600 $1,287 $100,000 $7,966 $5,000 $20,280 $7,627 ($108,172) $100,000 $22,000 $694,149 $305,851 $60,000 $9,418 $236,433 DATE 10/17/2006 10/17/2006 10/24/2006 10/24/2006 12/14/2006 11/14/2006 12/19/2006 1/9/2007 1/23/2007 2/13/2007 2/20/2007 3/13/2007 3/20/2007 3/20/2007 3/23/2007 4/24/2007 4/24/2007 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: Information Technolo RECOMMENDED: X YES NO REVISED JUSTIFICATION: Implementation of Phase I of the St. Lucie County Sheriffs Department Security Improvement Plan. EQUIPMENT REQ#: EQ07 -329 ACCOUNT#: 001-1955-564000-100 e;:; cn 0 ['-< P1 ;:; f-- ~ ~~ ¡:-~ !.;j ~~ t.r.' ItJ ~ o In HP:; [f) ~~ 1J!r:D H ;;.-; - '" ~ 2~ DC) u if! if) ~ H r:r: F-< (.fj >-1 ¡:'J L;J U ?,H P:; In o (.:J F.< 0 H r-:r: "'.. ~ ~: ~ ~ , " f ~'i H :.>...¡ r1; E-~ P:; ~ E'",¡ :..) rJi OH C) ~ H .,.... "'- Q r(f,' , , ,of-.( () r.n p:¡ H ..-r: ¡:....- (f) -if) ~ µ:¡ Z ~O E--\H :7.Cf) 8Cfj OH CJ:8 :>:: o u :0:; ,...., t-< Ii) ~ U :.: z r:j _L~J (.1.1 ! I-J Q::.5": W WO tlJO ¿;cG o CI -d 'Vi ~ 6 V¡ 111 t t ~ CJ i ¡::G 0 1 0 H (J CI.. Q -a ¡:c; H X ~ f-I ~ U Û j ~~ 2 ;, 'ð ~ ~ t ;j 8 ~~ ~~ ~ ~y1 ~J 3~ cJ1.?¥ II I--.c--___ I . CONFIDENTIAL SECURITY SURVEY St. Lucie County Administration Office 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 SHERIFF KEN J. MASCARA· St. Lucie County Sheriff's Office 4700 W. Midway Road Fort Pierce, Florida 34981 772-871-5303 --ro\l i r.:=>,r;::::;:::.. ,¿" 11 \' rn-zr' i,\ i \'.Di _L5~'::2~~ .:'\v___~,,-:.~,: \1 1',\ ¡!jì] \ FEB 1 6 20~) \u'! , L _---.---.---J ; ~õ: ADMIN. OFFICE j Survey Conducted By: DatefTime of Survey: Government Building Unknown Disturbances Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Deputy Sheriff Gary Gonsalves, F.C.P.P. Monday, January 8, 2007 8:00 A.M. Type of Premises: Previously Burglarized: Other Criminal Activity Requested By: Synopsis The building examined is located at 2300 Virginia Avenue, Fort Pierce. It houses the offices of county staff and the Board of County Commission. Adjacent is another building that houses the tag office, property appraiser and other public services. The buildings are connected by a covered walk way on the second floor. The focus of the security assessment is to address ~ ,issues pertaining to the administration building. In particular, the third floor which contains the offices of several government officials and their staff. The County Commission chamber is also located on this floor. Another concern is limiting the public from entering private areas. Government buildings that are built using Crime Prevention Through Environmental Design (C.E.P.T.E.D.) principles provide natural access control, natural surveillance, territorial reinforcement and target hardening. Even though many of these concepts or principles are implemented prior to construction it is not impossible to implement many of them after. Of course there are increased costs associated in doing so. Purpose The purpose of this security survey is to provide recommendations for enhancing security throughout the building but in particular, the 3rd floor. This survey is only advisory and is not intended to identify all security weaknesses or to warrant the adequacy of all present and future security measures whether or not recommended. Confidentiality 281.301 Security systems; records and meetings exempt from public access or disclosure.--Information relating to the security systems for any property owned by or leased to the state or any of its political subdivisions, and information relating to the security systems for any privately owned or leased property which is in the possession of any agency as defined in s. 119.011(2), including all records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to or revealing such systems or information, and all meetings relating directly to or that would reveal such systems or information are 2 confidential and exempt from ss. 119.07(1) and 286.011 and other laws and rules requiring public access or disclosure. History.--s. 1 ch. 87-355; s. 1 ch. 89-47; s. 101, ch. 90-360; s. 130, ch. 96-406. 3 Exterior Observation There are four ground floor entrances. One of the entrances remains locked but the others are unlocked during businesses hours. I noticed that you can enter through these doors and walk the hallways with out detection. There is a utilities room on the ground floor. The door is often left open or unlocked. Anyone could enter this room and disrupt electrical, telephone or even worse; place a contaminant or irritant into the h.v.a.c. system Even the door located in the hallway is left unlocked. There is also a door located on the second floor that can be accessed from the adjacent building (covered walkway). Recommendation The ideal situation would be to limit ingress and egress to a single common area. This should be the entrance located on the north side of the building. All other doors should remain locked and only accessible by authorized personnel. ¡/?A\ All doors that lead to private areas should remain locked, including doors located ¡' '() within the interior of the building. 4 Interior Observation I noticed that there is several security cameras located throughout the building. Recommendation I was told that these cameras are monitored by Information Technology. Camera systems are either monitored by a person and or recorded. In most cases cameras are not monitored properly. Sometimes the person who is responsible for doing so has several other responsibilities. Cameras that are recorded but not monitored will only help to identify a person or incident. Observation On the 3rd floor adjacent to the receptionist are two doors that lead to the offices of the County Commission and their staff. Most times these doors are left unlocked. One door has the capability to remain locked and unlocked remotely by the receptionist. The other door leading to the support staff does not. Security for this area is the sole responsibility of the receptionist. The receptionist is also the switchboard operator. ~\ It) Recommendation I recommend that these two doors be fitted with a keypad lock and remain locked at all times. Information Technology is using similar locks to secure their offices. Employees who are authorized to enter these areas can be given the access code. The code can be changed periodically when there is a termination or access needs to be further restricted. Having these doors remained locked would prevent access by persons who are not authorized to enter those areas. When there is a visitor, the receptionist should make notification and the visitor should be escorted back. Observation It is very difficult to determine who employees are. Recommendation ~ All county employees are issued identification cards. These should be worn an~8, . visible at all times. This may require a change in policy. The Sheriff's Office has a similar policy. Employees must also learn to challenge a person who is not wearing any identification. Being alert is the key. 5 ~j\ When the building was built, better planning should have been made to separate the public I private areas, in particular the commission chambers. It would have \'\ ,,~, ~,f\....; .l ~~ made more sense to have placed the commission chambers on the first floor. 'lY X ~ Currently, persons attending the commission meetings on the third floor pretty cY \1) /} ~. much have.acce~s to other areas within the build~ng once they pass the securityj:{f})'- r· ....;....)(,). < \\ guard who IS stationed at the front door. Theoretically, a person could get on th~ /~ /V¡:- elevator and exit onto the second floor without being detected. The same could ~ _ O/]J f be said if the person used the stairwell. This gives merit to another reason WhY~"-'\ access into the building should be limited to a central location. , );'k V Another concern is the possibility of a person bringing a weapon into the building. Currently there is no plan in place for preventing such an incident. Even in the evening when the security officer is monitoring people entering the building a weapon could be brought in. The only way to reduce the possibility is to treat the facility like one of our courthouses. Funneling visitors through a common area and an x-ray screening device may help to detect weapons. It would take a minimum of two security officers to accomplish this. Having a deputy sheriff present at commission meetings without a doubt is an excellent deterrent but the fact remains that a person can still enter the building with a weapon. Further Discussion Security is the responsibility of each and every employee, not one person. A receptionist can be easily distracted having to answer phones or such. All employees must have a better understanding of work place security. 6 ., DATE: RE: Douglas M. Anderson, County Administrator Ray Wazny, Assistant County Administrator þ/ Faye Outlaw, Assistant County Admin~ April 12, 2007 /' L) ~ 11 ~ / / ) u\) rv;1 Y, / no fl/t!: ¿þ ¡f~' ...iJbJJ .~ (:¡ Iff (,t I'F p~ ¡¿ Yn%-. V- '" //'1"'1 ~? ) r f l r'D fIl p.t MEMORANDUM 07-08 ~ ~ ý" (f¡ ,t "l~~v' ~~;"}í lr') TO: FROM: Administration Building Security The St. Lucie County Sheriff's Department conducted a security survey of the County Administration offices and has made several recommendations. Based upon our review of this survey, we suggest the following changes to enhance security: Phase 1 · Immediately install a keypad or card swipe security system for access to Commissioners, Administration and County Attorney offices. I.T. has estimated the cost of this system at $9,418.00. · We also recommend a log in of visitors be maintained at the tHrd floor reception desk. · Enforce the policy for County employees to wear ID badges at all times. Phase 2 · Although one public entry to the building is recommended we don't believe this is practical because of the number of public meetings held in the Roger Poitras (north side) of the building and the high volume of public entry through the southwest area of the building. We recommend that only these two entries provide for public access. This will need to be staffed with Constitutional Officials because it may prevent direct public access to their work area. Phase 3 · If implementation of limited building access is approved (to the two entries noted above) consideration should be given for x-ray security installation as suggested in the Sheriff's survey. The capital cost equipment for 2 x-ray security devices is approximately $80,000 and the operation cost for personnel to man these 2 devices is approximately $80,000 per year. ¡D( r ~ (C';..L~ n.'.\' 0' ";' i ill: ...." ! w~ ¡ A p}( 1 ^ I i L"" I: I. -.-----____., I I CO. ADMIN C¡¡'::¡::¡Cf:: I -~~--=J , , Cc: Roger Shinn, Central Services Director Dennis Wetzel, Information Technology Director RLW/smb 07-08 , ~ 056-0 ~ RIDER to Master Agreement For Additional Service TIiIS RIDER made this 3rd day of Apr-07 is part of and is to be attached to Agreement made the day of by and between ADT Security Services, Inc. 1461-A NW Commerce Centre Pkwy Port Saint tude, FL 34986 hereinafter called nADT', and St Lucie County hereinafter called the 'CUstomer", for Additional Protection service in the premises of the CUstomer at Virginia Ave in the CIty of Fort Pierce State of Floñda The Customer herebv requests. and ADT aarees. to install the followlna crotection. Addition of 3 additional access control readers "3rd Aoor Commissioners" Includes: I-NI000-IV-X Control Panel 4 Door Input l-X-4 Transformer 3-5-4 Suppressor Kits l-AL400 Power Supply 1-0utsource Door Strikes from an approved ADT Vendor 3-Mullion Style Beige Readers I-Direct Connect to existing controllers Plenium wire and labor to install Annual Maintenance Charge $590.00 per year to be added to the existing maintenance coverage for equipment located at 2300 Virginia Ave The CUstomer hereby agrees to pay ADT, its Agents or Assigns, the sum of $9,418.00 Ninety Four hundred eighteen dollars payable upon signing of this Agreement and the balance payable upon completion of the installation, and to pay in addition the sum of Five Hundred Ninety Dollars $590.00 per annum payable in advance. The parties hereto mutually agree that the aforesaid Agreement, of which this Rider is made a part, is and shall be and remain in full force and effect in accordance with all of the terms and conditions thereof, modified only as in this Rider specifically provided. It is further agreed to that the original expiration date of the referenced Agreement shall be for a period of five years. This Rider is not binding unless approved in writing by an authorized representative of the Company described as ADT. ~ø1:~ St Lucie County Customer AOT ayj Title Authorized Representative of ACT FORM 80+01 (9/97) AGENDA REQUEST ITEM NO. .1. DATE: April 24, 2007 REGULAR [X] PUBLIC HEARING 0 CONSENT 0 TO: Board of County Commissioners PRESENTED BY: SUBJECT: Recreation Advisory Board - At lar , County Administrator SUBMITTED BY (DEPT): Administration BACKGROUND: Staff currently has two applications on file to fill this position. Staff is requesting the Board vote and appoint one at large member from the applications submitted. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board vote and appoint one at large member from the applications submitted to fill the vacancy. COMMISSION ACTION: CONCURRENCE: ~ APPROVED o OTHER: o DENI ED By a vote of 3 to 2 Rld~ Cossar appointed to the Recreation Advisory Board by ballot vote. Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - Mov 21 06 12125p l' S~. Luoie Coun~~ ( Tli!. J "6~ - ~ï:::b~ p. J. _..-.,-_._..._~,-,,- '~I!~·QI~~;"..· COU NT y~t;-,~; f lOR ¡ ~LJr --.._.~..... st. Lu. County BoIrd of Çgu"" Camml..1an.... , Ap"!!Ç~tigo f.2r StrvII)G on GØftt, BoanIIlnd CommlUIII Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership arc: · Must be a County resident · Must not be related to another committee member, County Commissioner or county employee involved with the committee of interest. I · Must not be employed by the same bualnels entity as other committee members. · Must not serve on more than 2 County commltleeS Note: Some committees have addklonal requirements; please InqL.åre when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure 0' financialln\erests. Please complete the following Information: 1. Please Indicate the commlttee(s) you are interested In. See the list below. 2. Name:ß.& !.y// 3. Home address: hE) . r 5f1P?C.///P~5 , ßh.9:JJ Phone: 791 - ~~~-/S~ /lc/L ~#:¥O/'z-~ 4. ~;æ~~Iss~ ~Jtrid do you live in? 5. Bu~neeslOa:upallon RIl/;2//S F/øp: 5~j,.A¿i/??~ 6. BUSI~}~~. /7}r9/(~¿-T ~4T ¡::;~~E c?yß2.. 7. 9. 8. 06 12:25p 5~. LUOle ~oun~~ \ ((CoI'"TUc... '-'-V"" r-- ... 10. W~ you cc¡n1!il!.JS~na cr another board other lIIan \he one(s) stated .I><we? (P\eæe spec;IIy 1720.:5 ¡lJA ~ ,,',/ -' ... .. ~ ~ 11. St. Lude County Advlsorv Boards and Committee CItizen ADOointments Available . Please cheCk the committeeS you are intereSted In: R Beach preservation Task Force ts Board of Adjustment n Central FlOrida Foreign·Trade Zone,lnc. ø Children's Services Council . . 's t Oevelo t Committee Code EnforçeRlØnt Board ommuOl Block Grant Citizen's Advisory Task Force a Contractors Certification Board a Cultural Affairs CouncU a Emergency Medical ServiceS AdvIsory Council 1:1 Envronmental Advisory Committee a Environmental Hearing Board tI FI. Dept of Children and Family Services Committee DIstrict 15 R FI. Dept. of Children and Family ServIces Nominating Qualfications Review CommIttee District 15 tJ Fort Pierce Harbor Advisory Committee I:s Historical Commission tI Housing Finance AuthOrity a Investment COmmittee ? f,=~~~miss~PlanningAgerq ~ ~ R atudY. Coordination Com ittet ___~t' ~ S~Lucie County Recreatio~~iSOry Bo~ a Tourist Development Coun 1:1 Treasure Coast He8th Counci, Inc. a Treasure Coast Regional eœnomic DlstrtctJCMraß Economic Development Program CommIttee a vegetation protection Committee tI B1cycleJPedestrien Advisory CommItt8e ø AttainabtelAffordaÞ\elWOIiforçe Housing Task Force a Treasure Coast Education, Research and Development AuthOrity BDard a Smart Growth AdvIsory Þd Hoc Committee 12 Transfer of Development Rights (TOR) Advisory Ad Hoc Committee D Historic Preservation Committee tS Skate Board Park Committee APPUCA TION Will REMAIN EFFECTIVE FOR ONE YEAR Submit to: Sl Luciø County Administrator's Office, Mssy Sfladle 2300 Virginia Avenue. Fort Pierce. FL 34982 Phone: (772) 462-1158 2 Apr 17 07 05:10p Rick Gosser 04/139/2087 11:20 7724622131 772-460-5117 5T LUCIE BOCC p.2 PAGE 132/133 St. Lucie County Board of County Commissioners ADDlication for Servina on County Board. .nd Commlttaes Thank you for applying for a position on 9"e of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: · Musl be a County resident · Must not be related to another committee member, County Commissioner or Co~nty employee involved with the committee of interest. · Must not be employed by the same business entity as other committee members. · Must not serve on more than 2 County committees Note: Some comm~tees have additional requirements; please inq\Jire when submitting this application. In addition. service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s} you are interested In. See the list below. 2. Name: R;vK C,OfJbCR Phone: 772-SCJs'-DS2~ 3. Hom~tq9 I'h€NEJ¿ ~ fr.P,~ fL, 349~J , 4. Which commission district do you live in? 5. Business/Occupation DVt{ ír¿¡¡..46u~ ~o)t,r é>I2NA~f.Mhti ~ 6, Business address: ;If ~ 9'ð 36 ~,/. ~~. v6fZo I:,~ PL. S '2.~-b<? \ 7. Brief resume of educa,tip" & experience: (Please attach resume) ,! c "t. ¡.J s ~ 0 L ~ £t.ðwif4o; íJ... y ~ (J""6~ Þ~IUI& 8. Do yo .currently serve on a county committee(s)? If so, please Ust: 9 ~do$yo~~~~r~~-~fs)mr~ J ~rLr * · ç~ ....5~(,f~· ~A, ~'i;f!. ~~ '"'t'"~rt«J GO ",,,, I tffj? A ~ ~ ~ L.f b ~o oM ,I'U t . ~pr 15 07 09:23p Rick Goss@r B4/B9/2ea7 11:20 7724622131 772-460-5117 ST LUCIE BOCC p.2 PAGE 03/03 10. Would you consider serving on another board other than the one(s) stated above? (Please specify) -$'Q 11. Comments: SIGNATURE: ~ ./ DATE: '1/J3Ið) I I St. Lucie County Advisorv Boards and Committee Citizen ADcointments Available Please check the commitœes you are interested in: 1:1 Beach Preservation Task Force a Board of Adjuslment a Central Florida Foreign-TradeZone,lnc. a Chndren's Services Council R Citizen's Budget Development Commil.tee a Code Enforcement Board 11 Community Development Block Grant Citizen's Advisory Task Force ø Contractors Certification 80am a Cultural Affairs Coonc:iI a Emergency Medical Services Advisory Council a Environmental Advisory Committee tI Environmental Hearing Board a FI. Dept. of Children and Family Services Committee District 15 a FI. Dept. of ChIldren and Family SeNices Nominating Qualifications Review Committee District 15 ø Fort Pierœ Harbor Advisory Committee 1:1 Historical Commission IS Housing Finance Authority II Investment Committee ø Library Advisory Boan:! ø Planning & Zoning Commission/Local Planning Agency Restudy Coordination Committee st. uc & oun acreation Advisory Soan:! . ve pme au a Treasure Coast Health Council, Inc. a Treasure Coast Regìonal Economic DìstrictJOVerall Economic Development Program Committee a Vegetation Protection Committee IS BicYCle/Pedestrian Advisory Committee II AttainableJAffordablelWoritfcrce Housing Task Force ø Treasure Coast Education, Research and Development Authority Board a Smart Growth Advisory Ad Hoc Committee a Transfer of Development Rights (TOR) Advisory Ad Hoc Committee a Historic PreseMltion Committee a Skate Board Park Committee APPIJCA TION WILL REMAIN EFÆCTIVE FOR ONE YEAR Submit to: St. Lucie Coonty Administrator's Office, Missy Sliadle 2300 Virginia Avenue. Fort Pierce. FL 34982 Phone: (772) 462-1156 2 .. III III Z .. :Þ- ... ... .- .. C a: « o CD > a: o V\ ::> c « z o ...¡::: 0« . w :=5 .w .a: 11 ~~ I' 1~ "tJ CI) I- "tJ ~:5 g .~ c o .- ~ 3 0 I- I- E 0 CI),':; UV\U...J_ Zw I- I- I- I- I- CI) CI) CI) CI) CI) ~ccccc I- .2 .2 .2 .2 .2 Z ,;8 .;8 .;a .~ .!a OEEEEE a.a.EEEEE «00000 UUUUU VOTING BALLOT RECREATION ADVISORY BOARD Select (I) Applicant Fogg, Ralph 4/24/07 Gosser, Ricl:~ / VOTING BALLOT RECREATION ADVISORY BOARD Select (I) Applicant Fogg, Ralph 4/24/07 Gosser, Rid? 1/ VOTING BALLOT RECREATION ADVISORV BOARD Select (I) Applicant Fogg, Ralph 4/2.4/07 Gosser, Rict:? ~ VOTING BALLOT RECREATION ADVISORV BOARD Select (I) Applicant 4/34/0' / Fogg, Ralph / Gosser, Rid? VOTING BALLOT RECREATION ADVISORY BOARD Select (I) Applicant 4/24/07 Fogg, Ralph x Gosser, Ricl:l AGENDA REQUEST ITEM NO. ß.. DATE: April 24, 2007 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Trauma Care MSTU BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION/CONCLUSION: Staff recommends that the Board: 1. Determine whether to adopt Resolution No. 07-094 directing the Supervisor of Elections to place the question of creating a County-wide MSTU for trauma care services on the June 26, 2007 special election ballot, subject to receipt of a signed agreement from Lawnwood agreeing to paying all of the costs of the June 26, 2007 special election. 2. Determine whether to authorize staff to advertise a public hearing on whether to adopt Resolution No. 07-093 for a special meeting on Wednesday, June 27, 2007 at 6:00 p. m. or as soon thereafter as the item may be heard. COMMISSION ACTION: ~1 APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: County Attorney: .9¿ 4, Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Approved 3-2 Comm. Coward and Grande voting no. changes to interlocal as Motion to include stated. Eff.5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07 -483 DATE: March 19.2007 SUBJECT: Trauma Care MSTU *************AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA************** BACKGROUND: Representatives of Lawnwood Regional Medical Center and Heart Institute ("Lawnwood") have approached County staff about the possibility of creating a dedicated funding source to offset the expense of providing trauma care delivery in St. Lucie County. Lawnwood is the state designated location for a Level II Trauma Center on the Treasure Coast. Lawnwood has proposed that the County hold a referendum on June 26. 2007 to allow the voters in the County to determine whether the County should create a County-wide municipal services taxing unit to provide trauma services at a state designated trauma center within the County and levy ad valorem taxes up to 1/4 mill per annum. Lawnwood has agreed to pay the cost of the special election. In this regard. staff has drafted two (2) resolutions, 07-094 and 07-093 for Board consideration. copies of which are attached. Resolution No. 07-094, if adopted, would direct the Supervisor of Elections to schedule a special election on June 26, 2007 to consider the following question: TO PROVIDE TRAUMA SERVICES AND FUND TRAUMA MEDICAL SPECIALISTS AT A STATE DESIGNATED TRAUMA CENTER WITHIN ST. LUCIE COUNTY. SHALL ST. LUCIE COUNTY CREATE A COUNTY-WIDE MUNICIPAL SERVICES TAXING UNIT (MSTU) AND WITHIN SUCH UNIT LEVY AD VALOREM TAXES UP TO 1/4 MILL PER ANNUM? Yes, for Municipal Services Taxing Unit No, against Municipal Services Taxing Unit Also attached is a copy of draft Resolution No. 07-093 which, if adopted, would create the Trauma Care Municipal Services Taxing Unit Approval of the unit is conditioned upon approval of the ballot question at the June 26, 2007 special election. The draft resolution provides for the ability of the Board to enter into an interlocal agreement with the St. Lucie County Fire District to manage the funds generated by the MSTU and enter into subcontracts with a state designated trauma center within the County. If the unit is created, the County will need to enter into interlocal agreements with the two cities and St. Lucie Village. RECOMMENDATION/CONCLUSION: Staff recommends that the Board: 1. Determine whether to adopt Resolution No. 07-094 directing the Supervisor of Elections to place the question of creating a County-wide MSTU for trauma care services on the June 26, 2007 special election ballot. subject to receipt of a signed agreement from Lawnwood agreeing to paying all of the costs of the June 26, 2007 special election. 2. Determine whether to authorize staff to advertise a public hearing on whether to adopt Resolution No. 07-093 for a special meeting on Wednesday, June 27, 2007 at 6:00 p.m. or as soon thereafter as the item may be heard. DSM/ caf Attachments To: ~ kl )(llò.tt-~."r'~ r 2;y1/ c· ~pv ;; ~Ú>'1t ~ , ../J (31" ...11 Doug Anderson, St. Lucie County Administrator f',-> to ..< . ~ ()f f""..~ /Yp; ,.\ ..... Memorandum March 26, 2007 I"'): From: Thomas R. Pentz, Chief Executive Officer Subject: Level II Trauma Center Business Plan The Level II Trauma Center at Lawnwood Regional Medical Center & Heart Institute will open no later than October I, 2007. There are two components of costs associated with this service-hospital related costs and physician-related costs. Hospital-Related Costs The hospital operating costs of this new service are expected to be in excess of$4.5 million. The details of the hospital-related operating costs are as follows: Hospital-Related Staff: 1. In-house 24 hour anesthesiologists: 2. ER Trauma Nurses: 3. rcu Trauma Nurses: 4. 24-hour OR team: 5. ER Trauma Intensivist: 6. Incidental physician on-call costs: 7. Purchased Services: 8. Employee Benefits: 9. Trauma Medical Director Fee: 10. Trauma Program Manager: 11. Trauma Registrar: $ 671,000 $ 635,000 $ 565,500 $ 547,779 $ 655,550 $ 174,000 $ 165,300 $ 152,685 $ 150,000 $ 114,300 $ 57,150 Total Hospital-related Staffing Cost: $3,548,964 Other ongoing Hospital-related Operating Costs: 1. Medical Supplies: 2. Ongoing Training and CME expense: 3. Physician Recruitment Fees: 4. Surgical Instruments and supplies: $295,510 $365,000 $280,000 $100,000 Total Hospital-related Other Operating Costs: $1,040,510 (\ Most of these $4.5 million in hospital-related costs are recurring on an annual basis. Lawnwood Regional Medical Center & Heart Institute anticipates an additional 290 patients will need trauma care services in our first year of operation. This is the estimate which was used in the March 2006 application to the state of Florida based on their guidance for start-up utilization. The revenues associated with these patients are projected as follows: Patient Revenues: Net Revenue: $12,266,308 Less allowances for bad debts: $6,212,404 Total Revenues after bad debts: $6,053,904 Please note that the revenue projections are highly dependent on the payer mix of the patients, intensity of services, and reflect an estimate of the revenue associated with the patients who left our service area to receive care at other facilities. In 2006, Lawnwood Regional Medical Center & Heart Institute invested in excess of $12 million in expansion and renovation of our emergency room and physical plant to ensure we have the proper facilities in which to provide this service so no additional capital is needed for this servIce. If the above projections for the hospital related costs and revenues are realized, the hospital will not need to come to the trauma district for funds associated with this "bucket" of costs. If however the payor mix changes and the revenues are reduced, the hospital will come-to the trauma district with the a ro riat umentation and re uest or t e negative amount, up to $3,000,000 for the first three years of the service. ,.~ For Example: Scenario A: Hospital costs are Net Revenues are Hospital Request Scenario B: Hospital costs are Net Revenues are Hospital Request Scenario C: Hospital costs are Net Revenues are Hospital Request Hospital Deficit $4.5 $6.0 $0 $4.5 $3.0 $1.5 $4.5 -$1.5 $3.0 $1.5 Again, the hospital reimbursement requested is for the first three years and mayor may not be requested depending on the actual net revenues received by the hospital for trauma patients. If the volume of patients is higher than the projection and the payor mix is consistent or improved, no funding for hospital services will be requested and the Trauma Board can adjust the millage downward to cover only the physician related piece. If funds are requested for hospital costs, a complete accounting will be provided. All transactions between the hospital and the Trauma Board will be completely transparent and open for public scrutiny. Physician-Related Costs In addition to the hospital-associated costs of operating a Level II Trauma Center, there are ongoing physician-related costs in excess of$4 million. These costs are the focus of the trauma district funding. These will be ongoing for the life ofthe Trauma District and will be determined through negotiations between the Trauma District Board and the contracted trauma physicians and specialists. The Trauma Surgeons and Medical Specialists will contract with and be paid directly by the Trauma Board. The details of the physician-related costs are as follows: Physicians related expenses: 1. Five on-call Trauma Surgeons: 2. Highly-needed on-call physician specialists: $2,138,250 $2,092,545 Total Physician Cost: $4,230,795 Again, the millage can be adjusted downward based on the actual ex enses of both the --,-hospital and physician costs in the first three years.. t e fourth year and beyond, the millage necessary will be based solely on the physician component. ~ RESOLUTION NO. 07-093 A RESOLUTION TO BE KNOWN AS THE ST. LUCIE COUNTY TRAUMA CARE MUNICIPAL SERVICE TAXING UNIT RESOLUTION; PROVIDING DEFINITIONS AND FINDINGS; CREATING THE TRAUMA CARE MUNICIPAL SERVICE TAXING UNIT; AUTHORIZING SUCH UNIT TO ANNUALLY LEVY AD VALOREM TAXES; AUTHORIZING OTHER GENERAL POWERS OF SUCH UNIT; DECLARING THE EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners has made the following determinations: 1. There is an absence of trauma services in the Treasure Coast region resulting in St. Lucie County residents being transported to either Melbourne or Palm Beach for life saving trauma care; 2. Trauma care is regulated by the State of Florida and requires specific medical specialists and medical resources be available 24/7 at a hospital designated as a Level II Trauma Center; 3. The existence of a trauma center within a community hospital improves the access and delivery of all hospital care for all patients regardless of their status (trauma or non-trauma); 4. State and national health studies reflect that trauma centers strengthen communication and create partnerships with hospital staff, pre-hospital providers, and referring hospitals which improves the delivery and quality of care to all patients; 5. Lawnwood Regional Medical Center & Heart Institute is one of two hospitals in St. Lucie County and is the state designated location for a Level II Trauma Center on the Treasure Coast to be fully operational by September 30, 2007; 6. Lawnwood has invested $12 million in renovations and expansion of its Emergency Department in order to meet state trauma center criteria; 1 7. Lawnwood is in the process of recruiting medical specialists and hospital personnel required to meet state trauma center criteria; 8. The existence of a trauma center within St. Lucie County will aid in the efficient and timely transport and care of all emergency patients receiving services from the St. Lucie County Fire District; 9. The existence of a trauma center within St. Lucie County will address the need for out-of-county transport using the County's trauma helicopter allowing better in-county use of that resource as well as the personnel needed for out-of-county transport; 10. To ensure the long-term viability of a trauma center in St. Lucie County - specifically the cost of required medical specialists - a dedicated funding source is needed to off-set the expense of trauma care delivery within the County; and 11. The choice of whether to create a dedicated funding source through a dependent taxing district should be determined by the citizens of St. Lucie County. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: ARTICLE I INTRODUCTION Section 1.01. Definitions. When used in this Resolution, the following terms shall have the following meanings. unless the context clearly requires otherwise: "Board" shall mean the Board of County Commissioners of St. Lucie County, Florida. "County" shall mean St. Lucie County, a political subdivision of the State of Florida. "Trauma Care Services" shall mean comprehensive emergency medical services for victims of trauma and trauma-related injuries, provided in a State of Florida designated Level II trauma center in the County. "Unit" shall mean the Trauma Care Municipal Service Taxing Unit as created by Section 2.01. Section 1.02. Findings. It is hereby ascertained, determined and declared that: 2 A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the Board has all the powers of local self-government to perform county functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances. B. Section 125.01(1)(q), Florida Statutes, provides legislative authorization for counties to establish a Municipal Service Taxing Unit for any part or all of the unincorporated areas within its boundaries and within municipal boundaries subject to consent of the respective municipality within which may be provided essential facilities and municipal services. C. The purpose of this resolution is to create the Trauma Care Municipal Service Taxing Unit for the purpose of providing trauma-care services to all residents of St. Lucie County. The Board determines that the creation of this Municipal Service Taxing Unit will be of benefit to the real and personal property within the unit. The Board shall determine each year the estimated cost of providing such services for the ensuing County fiscal year within the boundaries of the unit. D. The Board hereby determines that the provision of trauma care services is an essential municipal service within the meaning of Article VII, Section 9 of the Florida Constitution and Section 125.01(1)(q), Florida Statutes. E. Section 125.01(1)(q), Florida Statutes, provides that upon consent through adoption of an ordinance by the governing bodies of affected municipalities given annually or for a term of years, the boundaries of a Municipal Service Taxing Unit may include all or part of the boundaries of a municipality. ARTICLE II TRAUMA CARE MUNICIPAL SERVICE TAXING UNIT Section 2.01. Creation. There is hereby created the Trauma Care Municipal Service Taxing Unit pursuant to Section 125.01(1)(q), Florida Statutes. The boundaries of the Unit shall include the entire unincorporated and incorporated areas of the County as indicated in the boundaries set forth and described in the Appendix, attached hereto and incorporated herein by reference. The purpose of the Unit is to provide trauma care services within the Unit. The Board of County Commissioners shall be the governing board of the Unit. Section 2.02. Governing Board Powers. The Governing Board shall have the power to: 3 Levy annually an ad valorem tax not to exceed 1/4 mill per annum upon taxable real and personal property for the provision of essential facilities and municipal services within the Unit in the same manner as other county ad valorem taxes are levied; A. Adopt a budget at the same time and in the same manner as the Board prepares and adopts its annual county budget and levies ad valorem taxes as provided by law; B. Separately maintain in a separate account the funds obtained from the levy of the tax. Those funds obtained from the levy of the ad valorem taxes shall be used solely for the purpose of providing trauma care services within the boundaries of the Unit, including but not limited to land acquisition, planning, facility construction, equipment, and other capital costs; C. Appropriate and expend revenue of the Unit; D. Contract to receive and expend money, to sue and be sued, provide trauma care facilities and services and generally to perform all other acts necessary or incidental to the powers and duties granted by this resolution. E. Enter into an inter local agreement with the St. Lucie County Fire District to manage the funds generated by the Unit and enter into subcontracts with a state designated trauma center within the County. ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Declaration of exclusion from Administrative Procedures Act. Nothing contained in this resolution shall be construed or interpreted to include the Unit in the definition of agency contained in Section 120.52. Florida Statutes, or to otherwise subject the Unit to the application of the Administrative Procedures Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this resolution. Section 3.02. Severability. If any clause, section or provision of this resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. 4 Section 3.03. Effective date; Termination. This Resolution shall take effect upon adoption. The Resolution shall be effective within the municipalities upon enactment by the City of Fort Pierce City Commission, the City of Port St. Lucie City Council and the Town of St. Lucie Village Board of Aldermen of ordinances consenting to the inclusion of their respective entity within the boundaries of the Unit as required by Section 125.01(1)(q), Florida Statutes. This Resolution shall terminate and the Unit shall dissolve if the ballot question concerning the creation of this MSTU is not approved by a majority of the County's electors at the June 26, 2007 special election. If the June 26 I 2007 ballot question is approved by the County's electors, this MSTU shall automatically terminate ten (10) years from October 1, 2007, unless a subsequent ballot question extending the MSTU is approved by the County's electors. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft XXX Vice Chairman Joseph E. Smith XXX Commissioner Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED this _ day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5 APPENDIX The entire unincorporated and incorporated areas of the County 6 RESOLUTION NO. 07-094 A RESOLUTION DIRECTING AN ELECTION BE HELD TO PROVIDE fOR THE PLACEMENT Of A QUESTION CONCERNING THE CREATION Of A COUNTY-WIDE MUNICIPAL SERVICES TAXING UNIT fOR TRAUMA CARE SERVICES ON THE JUNE 26, 2007 SPECIAL ELECTION BALLOT WHEREAS, the Board of County Commissioners of St. Lucie County, florida, has made the following determinations: 1. This Board believes that providing for placement of a question concerning the creation of a County-wide municipal services taxing unit to provide trauma care services on the Special Election Ballot on June 26, 2007, is in the best interest of the public health, safety and welfare of the citizens of St. Lucie County, Florida. The creation of the unit will be contingent on voter approval at the June 26, 2007 referendum. 2. The cost of the June 26, 2007 referendum will be paid for by Lawnwood Regional Medical Center & Heart Institute. NOW, THEREfORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby direct the Supervisor of Elections to place on the June 26, 2007 Special Election Ballot the following proposition to be voted upon by the electors of St. Lucie County: · OffICIAL BALLOT ST. LUCIE COUNTY TRAUMA CARE REfERENDUM JUNE 26, 2007 TO VOTE, COMPLETELY fILL IN THE OVAL. NEXT TO YOUR CHOICE. Use only a #2 pencil, the marker provided, or a blue or black pen. If you make a mistake, don't hesitate to ask for a new ballot. If you erase or make other marks, your vote may not count. · · ST. LUCIE COUNTY TRAUMA CARE REfERENDUM (V ote for One) TO PROVIDE T~ MEDICAL SPEC] TRAUMA CENTEI ST. LUCIE COUN' SERVICES T AXIl UNIT LEVY AD ANNUM? Yes, No, After motion and second, Chairman C~ Vice Chairm Commission! Commission! Commission4 PASSED AND DULY AD( ATTEST: Deputy Clerk II' I ' ~ I, I : , ' 'I 'I" 1[1 I, , , " " I, :~" I i{ ",', ,I' !~, ' ,','I, I I, I , , , il'i i"ii , Ii , " ' II , , .' '~ ',II ,I,' , :,\l,':tr ,':1 :,1 I , , " I , i,1 " " I' ,I , Ii I " i ,I ' , , , ,; ',,' , ,1:,1"" I,i I Ili':il' ¡" ,,' !' ','i ,I, l " ;! 'LI , .' II I , I !: i:ii III' " I ;, :i ¡¡I,¡illl',ll II , Hil i" , ,I" ; , "': ' I ¡,!! 'I I " :i, I ': 'I i\ I ili,I'i,l, iif:i :1 ,I"I! ,'I ,j iil ", , ¡ " I !I "I II! , " li'l II I " " . I "i' i' " I' , , ' . ,I 'li,11 , " :i 1,1', 'I: ,I ;' , I' '1,,' ,II I . ¡',',: 'I "I, :', ,!" "I " '"i,",,' I' '1,,11 I 'II I I "i :11:' ,,': I, "I' . :1'1' ,Ii :," : " "," II " '" " ': I I',,' ',I "II' " " I " ' 'I ,I ,'" il 11 I, ,111;' I I [II! i, 'I,' 'I I ,,', , II 'I' ~ I . I I ,'1'1,' I "" I' I' II I:' ,'Ii, , 1'1'1 I ' I 1'1 I III " ',1 1,1:, I ': '1"'1' '" I ! "'II' , ' , ""I 'I , I: " i :1\ , ,1',' 'II: ;', , , ' ':, , 'I' I I, , I I , ",','! I, ," , I' '11,1 , , I "1,1 "',,1 I,' I I ,',' I ,I' I' III , I ~ I ,I ' ,I , ' II, I, ,',!, II :,11 III' i !, I" "I ' , I I"" ,I 'I' " 'I,ll' "I 'I' II' I. ." I', ,:,1,," ! I" " III "I' I II" I , ,i, ' '!,,'I " " ,I" I " 11 I, I ,! ' I ~ ,:' , I, I, , " I ":'1 I ' I, . 1'1" . I, I' ' '1,1, '1,11 'I , , \"'.1' I · I" " II " '·,1 I '.. I' I ,',,' I': I , ,.'1'1' l' 'I ., '1IIi III "'I " ',Ii,'" 'I' ,i'l ,I" i I: 'i ;, ¡"I!! li'l I ~' ,I 1 I ,,1 ¡I.,',I :' . II' " " '''I'' , :' :11 : ,1;1,1 I': ! I ,I I ",'11'1 ,I I I, ' II I' '1'1'11, :1' 1,'1", "I II' I':' I' : ' i" '! !'I 'ii . I" ' ,,' III: I' ". ',",' !', ", " ':' Ii r I II I ,', I I' , ,:1' I'! I", ", , ! I ' , II 'I, I I,,', I I '"I", I '1'1'" ,,' , , 1<: , I ' I" 1:\1 '" ,,- ., I : I , I" I ,I I" : !,." I, " I'I! INTERLOCAL AGREEMENT BETWEEN TOWN OF ST. LUCIE VILLAGE and ST. LUCIE COUNTY (TRAUMA CARE MSTU - 2007) THIS AGREEMENT (the "Agreement") is made and entered into this _ day of . 2007, by and between the Town of St. Lucie Village. a Florida municipal corporation (hereinafter the "Village"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County is a political subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125. Florida Statutes; and, WHEREAS, the County and the Village are empowered to enter into inter local agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, the County authorized a referendum on June 26, 2007 to allow County voters to determine whether or not to authorize the County to establish a Municipal Services Taxing Unit ("MSTU") for trauma care services that would levy an ad valorem tax at a rate not to exceed.} mi II per annum (hereinafter referred to as the "MSTU"); and. WHEREAS, the referendum was approved by the County's voters on June 26. 2007; and. WHEREAS, the County and the Village desire to enter into this Interlocal Agreement to allocate the proceeds of the MSTU to the County and the Village. NOW, THEREFORE. in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises. terms, conditions, or obligations other than those contained therein. and this Agreement shall supersede all previous telecommunications. representations. or agreements, either verbal, or written. between the parties hereto. The above recitals are true and correct. 2. CONSENT TO INCLUSION OF VILLAGE WITHIN MSTU As a result of the approval of the MSTU by the voters on June 26.2007, the Village agrees to hold public hearings before XX, 2007 and consider the adoption of an ordinance consenting to the G:\ATTY\AGREEMNT\INTERLOC\SLV-trauma care,wpd 1 inclusion of the boundaries of the Town of St. Lucie Village within the boundaries of the Trauma Care MSTU created by the County. 3. ALLOCATION OF MSTU PROCEEDS In the event that the County creates a Trauma Care MSTU and the Village adopts an ordinance consenting to the inclusion of the Village within the MSTU and thereafter the County levies and collects taxes within the Village for purposes of the Trauma Care MSTU, the County shall spend the MSTU proceeds received by the County to contract to provide trauma care services for County residents. 4. INDEPENDENT AUDIT An annual independent audit of the revenue receipts and expenditures shall be performed annually. The County shall select and contract with the auditor. The cost of the audit shall be paid from the total annual MSTU proceeds received from the Tax Collector. 5. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the County and the Village approve this Agreement and shall continue unless terminated herein. 6. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties or upon failure of the Village to consent by ordinance as provided in Paragraph 2. This Agreement shall also automatically terminate on September 30, 2017 unless extended by both parties. 7. NOTICES A II notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail. return receipt requested, to the parties as follows: As to the COUNTY: With Q copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce. Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce. Florida 34982 G: \A TIY\AGREEMNT\INTERLOC\5L V -trauma care,wpd 2 As to the Village: With a copy to: Town of St. Lucie Village 2841 North Old Dixie Highway Fort Pierce, Florida 34946 Richard V. Neill, Jr. Neill Griffin Fowler Tierney Neill & Marquis 311 South Second Street Fort Pierce, Florida 34950 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 8. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 9. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 10. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 11. INV ALIDITY OF PROVISIONS The invalidity of one or more of the phrases. sentences. clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement. provided that the material purposes of this Agreement can be determined and effectuated. 12. WHOLE UNDERSTANDING 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. G:\ATTY\AGREEMNT\INTERLOC\SLV-trauma care,wpd 3 13. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County. Florida. 14. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County. Florida. prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. TOWN OF ST. LUCIE VILLAGE, FLORIDA ATTEST: BY: Clerk Mayor Date: APPROVED AS TO FORM AND CORRECTNESS BY: Village Attorney BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ATIY\AGREEMNT\rNTERLOC\SLV-trauma care,wpd 4 INTERLOCAL AGREEMENT BETWEEN CITY OF FORT PIERCE and ST. LUCIE COUNTY (TRAUMA CARE MSTU - 2007) THIS AGREEMENT (the "Agreement") is made and entered into this _ day of ,2007, by and between the City of Fort Pierce, a Florida municipal corporation (hereinafter the "City"). and St. Lucie County. a political subdivision of the State of Florida (hereinafter the "County"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County is a political subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes; and, WHEREAS, the County and the City are empowered to enter into inter local agreements pursuant to Section 163.01. Florida Statutes; and. WHEREAS, the County authorized a referendum on June 26. 2007 to allow County voters to determine whether or not to authorize the County to establish a Municipal Services Taxing Unit ("MSTU") for trauma care services that would levy an ad valorem tax at a rate not to exceed t mill per annum (hereinafter referred to as the "MSTU"); and. WHEREAS, the referendum was approved by the County's voters on June 26, 2007; and, WHEREAS, the County and the City desire to enter into this Interlocal Agreement to allocate the proceeds of the MSTU to the County and the City. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein. the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01. Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises. terms, conditions, or obligations other than those contained therein. and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal. or written. between the parties hereto. The above recitals are true and correct. 2. CONSENT TO INCLUSION OF CITY WITHIN MSTU As a result of the approval of the MSTU by the voters on June 26. 2007. the City agrees to hold public hearings before XX, 2007 and consider the adoption of an ordinance consenting to the G: \A TTY\AGREEMNT\INTERLOC\ FP-trauma care,wpd 1 inclusion of the boundaries of the City of Fort Pierce within the boundaries of the Trauma Care MSTU created by the County. 3. ALLOCATION OF MSTU PROCEEDS In the event that the County creates a Trauma Care MSTU and the City adopts an ordinance consenting to the inclusion of the City within the MSTU and thereafter the County levies and collects taxes within the City for purposes of the Trauma Care MSTU, the County shall spend the MSTU proceeds received by the County to contract to provide trauma care services for County residents. 4. INDEPENDENT AUDIT An annual independent audit of the revenue receipts and expenditures shall be performed annually. The County shall select and contract with the auditor. The cost of the audit shall be paid from the total annual MSTU proceeds received from the Tax Collector. 5. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the County and the City approve this Agreement and shall continue unless terminated herein. 6. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties or upon failure of the City to consent by ordinance as provided in Paragraph 2. This Agreement shall also automatically terminate on September30, 2017 unless extended by both parties. 7. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested. to the parties as follows: As to the COUNTY: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce. Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 G: \A TTY\AGREEMNT\INTERLOC\ FP-trauma care,wpd 2 As to the CITY: With Q copy to: Fort Pierce City Manager 100 North U.S. 1 Fort Pierce. Florida 34982 Fort Pierce City Attorney 100 North U.S. 1 Fort Pierce, Florida 34982 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 8. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 9. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 10. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time. or of any other right under this Agreement. 11. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases. sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 12. WHOLE UNDERSTANDING 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. G: \A TTY\AGREEMNT\INTERLOC\FP-trauma care,wpd 3 13. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 14. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida. prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. CITY OF FORT PIERCE, FLORIDA ATTEST: BY: Clerk Mayor Date: APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ATIY\AGREEMNT\INTERLOC\FP-trauma care.wpd 4 INTERLOCAL AGREEMENT BETWEEN CITY OF PORT ST. LUCIE and ST. LUCIE COUNTY (TRAUMA CARE MSTU - 2007) THIS AGREEMENT (the "Agreement") is made and entered into this _ day of , 2007, by and between the City of Port St. Lucie, a Florida municipal corporation (hereinafter the "City"). and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County is a political subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125. Florida Statutes; and, WHEREAS, the County and the City are empowered to enter into inter local agreements pursuant to Section 163.01. Florida Statutes; and, WHEREAS, the County authorized a referendum on June 26, 2007 to allow County voters to determine whether or not to authorize the County to establish a Municipal Services Taxing Unit ("MSTU") for trauma care services that would levy an ad valorem tax at a rate not to exceed t mill per annum (hereinafter referred to as the "MSTU"); and. WHEREAS, the referendum was approved by the County's voters on June 26.2007; and, WHEREAS, the County and the City desire to enter into this Interlocal Agreement to allocate the proceeds of the MSTU to the County and the City. NOW, THEREFORE. in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises. terms, conditions, or obligations other than those contained therein. and this Agreement shall supersede all previous telecommunications. representations. or agreements. either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. CONSENT TO INCLUSION OF CITY WITHIN MSTU As a result of the approval of the MSTU by the voters on June 26, 2007. the City agrees to hold public hearings before XX. 2007 and consider the adoption of an ordinance consenting to the G:\ATTY\AGREEMNT\INTERLOC\PSL-trauma care.wpd 1 inclusion of the boundaries of the City of Fort Pierce within the boundaries of the Trauma Care MSTU created by the County. 3. ALLOCATION OF MSTU PROCEEDS In the event that the County creates a Trauma Care MSTU and the City adopts an ordinance consenting to the inclusion of the City within the MSTU and thereafter the County levies and collects taxes within the City for purposes of the Trauma Care MSTU, the County shall spend the MSTU proceeds received by the County to contract to provide trauma care services for County residents. 4. INDEPENDENT AUDIT An annual independent audit of the revenue receipts and expenditures shall be performed annually. The County shall select and contract with the auditor. The cost of the audit shall be paid from the total annual MSTU proceeds received from the Tax Collector. 5. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the County and the City approve this Agreement and shall continue unless terminated herein. 6. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties or upon failure of the City to consent by ordinance as provided in Paragraph 2. This Agreement shall also automatically terminate on September 30/ 2017 unless extended by both parties. 7. NOTICES A II notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested. to the parties as follows: As to the COUNTY: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 G: \A TIY\AGREEMNT\rNTERLOC\P SL-trauma care,wpd 2 As to the CITY: With Q copy to: Port St. Lucie City Manager 121 S.W. Port St. Lucie Boulevard Port St. Lucie, Florida 34984 Port St. Lucie City Attorney 121 S.W. Port St. Lucie Boulevard Port St. Lucie. Florida 34984 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 8. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 9. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 10. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time. or of any other right under this Agreement. 11. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences. clauses. or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement. provided that the material purposes of this Agreement can be determined and effectuated. 12. WHOLE UNDERSTANDING 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. G:\ATTY\AGREEMNT\INTERLOC\PSL-trauma care,wpd 3 13. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 14. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County. Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. CITY OF PORT ST. LUCIE, FLORIDA ATTEST: BY: Clerk Mayor Date: APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G: \A TTY\AGREEMNT\INTERLOC\PSL-trauma care,wpd 4 Ch. 395 HOSPITAL LICENSING AND REGULATION 18. Trauma service area 18 shall consist of Broward County. 19. Trauma service area 19 shall consist of Dade and Monroe Counties. (b) Each trauma service area should have at least one Level I or Level II trauma center. The department shall allocate, by rule, the number of trauma centers needed for each trauma service area. (c) There shall be no more than a total of 44 trauma centers in the state. History.-ss. 5, 15. ch. 90-284; ss, 37, 98, ch, 92-289; s. 195, ch, 99-397; s. 26, ch. 2000-242; s. 6, ch. 2004-259. Note.-Former s, 395,033, 395.4025 Trauma centers; selection; quality assurance; records.- (1) For purposes of developing a system of trauma centers, the department shall use the 19 trauma ser- vice areas established in s, 395.402. Within each ser- vice area and based on the state trauma system plan, the local or regional trauma services system plan, and recommendations of the local or regional trauma agency, the department shall establish the approxi- mate number of trauma centers needed to ensure rea- sonable access to high-quality trauma services. The department shall select those hospitals that are to be recognized as trauma centers. (2)(a) The department shall annually notify each acute care general hospital and each local and each regional trauma agency in the state that the department is accepting letters of intent from hospitals that are interested in becoming trauma centers. In order to be considered by the department, a hospital that operates within the geographic area of a local or regional trauma agency must certify that its intent to operate as a trauma center is consistent with the trauma services plan of the local or regional trauma agency, as approved by the department, if such agency exists. Let- ters of intent must be postmarked no later than mid- night October 1. (b) By October 15, the department shall send to all hospitals that submitted a letter of intent an application package that will provide the hospitals with instructions for submitting information to the department for selec- tion as a trauma center. The standards for trauma cen- ters provided for in s. 395.401 (2), as adopted by rule of the department, shall serve as the basis for these instructiòns. (c) In order to be considered by the department, applications from those hospitals seeking selection as trauma centers, including those current verified trauma centers that seek a change or redesignation in approval status as a trauma center, must be received by the department no later than the close of business on April 1. The department shall conduct a provisional review of each application for the purpose of determin- ing that the hospital's application is complete and that the hospital has the critical elements required for a trauma center. This critical review will be based on trauma center standards and shall include, but not be limited to, a review of whether the hospital has: 1. Equipment and physical facilities necessary to provide trauma services. 2. Personnel in sufficient numbers and with proper qualifications to provide trauma services. 3. An effective quality assurance process. 4. Submitted written confirmation by the local or regional trauma agency that the hospital applying to become a trauma center is consistent with the plan of the local or regional trauma agency, as approved by the department, if such agency exists. (d)1. Notwithstanding other provisions in this sec- tion, the department may grant up to an additional 18 months to a hospital applicant that is unable to meet all requirements as provided in paragraph (c) at the time of application if the number of applicants in the servicè area in which the applicant is located is equal to or less than the service area allocation, as provided by rule of the department. An applicant that is granted additional time pursuant to this paragraph shall submit a plan for departmental approval which includes timelines ancf activities that the applicant proposes to complete hi order to meet application requirements. Any applicant that demonstrates an ongoing effort to complete the activities within the timelines outlined in the plan shall be included in the number of trauma centers at such time that the department has conducted a provisional review of the application and has determined that the application is complete and that the hospital has the critical elements required for a trauma center. 2. Timeframes provided in subsections (1 )-(8) shall be stayed until the department determines that the application is complete and that the hospital has the critical elements required for a trauma center. (3) After April 30, any hospital that submitted an application found acceptable by the department based on provisional review shall be eligible to operate as a provisional trauma center. , (4) Between May 1 and October 1 of each year, the department shall conduct an in-depth evaluation of all applications found acceptable in the provisional review. The applications shall be evaluated against criteria enumerated in the application packages as provided to the hospitals by the department. (5) Beginning October 1 of each' year and ending no later than June 1 of the following year, a review team of out-of-state experts assembled by the department shall make onsite visits to all provisional trauma cen- ters. The department shall develop a survey instrument to be used by the expert team of reviewers. The instru- ment shall include objective criteria and guidelines for reviewers based on existing trauma center standards such that all trauma centers are assessed equally. The survey instrument shall also include a uniform rating system that will be used by reviewers to indicate the degree of compliance of each trauma center with spe- cific standards, and to indicate the quality of care pro- vided by each trauma center as determined through an audit of patient charts. In addition, hospitals being con- sidered as provisional trauma centers shall meet all the requirements of a trauma center and shall be located in a trauma service area that has a need for such a trauma center, (6) Based on recommendations from the review team, the department shall select trauma centers by July 1. An applicant for designation as a trauma center may request an extension of its provisional status if it submits a corrective action plan to the department. The 148 (1' ¡¡'\(-r I~. !)U ~'--.. (" \ 0"' \.Jj. ftc:.."\IYì :..,,2/ Co. (~ i~Gf -. \:J LL .I<r-5l.dav Á0e.~a F 8'" L.\- h;¿ \rn ........ " / F.S.2006 rance process. nation by the local or e hospital applying to ¡¡stent with the plan of cy, as approved by the ts. provisions in this sec- up to an additional 18 :It is unable to meet all agraph (c) at the time 'plicants in the service :lted is equal to or less as provided by rule of it is granted additional :;hall submit a plan for ¡cludes timelines and :>oses to complete in !ments. Any applicant ~ffort to complete the lined in the plan shall luma centers at such nducted a provisional s determined that the the hospital has the :luma center. subsections (1 )-(8) nent determines that at the hospital has the :wma center. tal that submitted an he department based gible to operate as a ter 1 of each year, the epth evaluation of all ,e provisional review. ated against criteria :kages as provided to ach year and ending g year, a review team d by the department ,visional trauma cen- ) a survey instrument eviewers. The instru- 'ia and guidelines for ma center standards :;sessed equally. The Jde a uniform rating !wers to indicate the Jma center with spe- ;¡ quality of care pro- !termined through an hospitals being con- ers shall meet all the ,d shall be located in a need for such a >os from the review t trauma centers by , as a trauma center rovisional status if it the department. The 1 ! - [.5. 2006 HOSPITAL LICENSING AND REGULATION Ch. 395 -, corrective action plan must demonstrate the ability of the applicant to correct deficiencies noted during the applicant's onsite review conducted by the department between the previous October 1 and June 1. The department may extend the provisional status of an applicant for designation as a trauma center through December 31 if the applicant provides a corrective action plan acceptable to the department. The depart- ment or a team of out-of-state experts assembled by the department shall conduct an onsite visit on or before November 1 to confirm that the deficiencies have been corrected. The provisional trauma center is responsible for all costs associated with the onsite visit in a manner prescribed by rule of the department. By January 1, the department must approve or deny the application of any provisional applicant granted an extension. Each trauma center shall be granted a 7-year approval period during which time it must con- tinue to maintain trauma center standards and accept- able patient outcomes as determined by department rule. An approval, unless sooner suspended or revoked, automatically expires 7 years after the date of issuance and is renewable upon application for renewal as prescribed by rule of the department. (7) Any hospital that wishes to protest a decision made by the department based on the department's preliminary or in-depth review of.applications or on the recommendations of the site visit review team pursuant to this section shall proceed as provided in chapter 120. Hearings held under this subsection shall be conducted in the same manner as provided in ss. 120.569 and 120.57. Cases filed under chapter 120 may combine all disputes between parties. (8) Notwithstanding any provision of chapter 381 , a hospital licensed under ss. 395.001-395.3025 that operates a trauma center may not terminate or sub- stantially reduce the availability of trauma service with- out providing at least 180 days' notice of its intent to ter- minate such service. Such notice shall be given to the department, to all affected local or regional trauma agencies, and to all trauma centers, hospitals, and emergency medical service providers in the trauma service area. The department shall adopt by rule the procedures and process for notification, duration, and explanation of the termination of trauma services. (9) Except as otherwise provided in this subsec- tion, the department or its agent may collect trauma care and registry data, as prescribed by rule of the department, from trauma centers, hospitals, emer- gency medical service providers, local or regional trauma agencies, or medical examiners for the pur- poses of evaluating trauma system effectiveness, ensuring compliance with the standards, and monitor- ing patient outcomes. A trauma center, hospital, emer- gency medical service provider, medical examiner, or local trauma agency or regional trauma agency, or a panel ,or committee assembled by such an agency under s. 395.50(1) may, but is not required to, disclose to the department patient care quality assurance pro- ceedings, records, or reports. However, the depart- ment may require a local trauma agency or a regional trauma agency, or a panel or committee assembled by such an agency to disclose to the department patient care quality assurance proceedings, records, or reports that the department needs solely to conduct quality assurance activities under s. 395.4015, or to ensure compliance with the quality assurance component of the trauma agency's plan approved under s. 395.401. The patient care quality assurance proceedings, rec- ords, or reports that the department may require for these purposes include, but are not limited to, the struc- ture, processes, and procedures of the agency's quality assurance activities, and any recommendation for improving or modifying the overall trauma system, if the identity of a trauma center, hospital, emergency medi- cal service provider, medical examiner, or an individual who provides trauma services is not disclosed. (10) Out-of-state experts assembled by the depart- ment to conduct onsite visits are agents of the depart- ment for the purposes of s. 395.3025. An out-of-state expert who acts as an agent of the department under this subsection is not liable for any civil damages as a result of actions taken by him or her, unless he or she is found to be operating outside the scope of the authority and responsibility assigned by the depart- ment. (11) Onsite visits by the department or its agent may be conducted at any reasonable time and may include but not be limited to a review of records in the posses- sion of trauma centers, hospitals, emergency medical service providers, local or regional trauma agencies, or medical examiners regarding the care, transport, treat- ment, or examination of trauma patients. (12) Patient care, transport, or treatment records or reports, or patient care quality assurance proceedings, records, or reports obtained or made pursuant to this section, s. 395.3025(4)(f), s. 395.401, s. 395.4015, s. 395.402, s. 395.403, s. 395.404, s. 395.4045, s, 395.405, s. 395.50, or s. 395.51 must be held confiden- tial by the department or its agent and are exempt from the provisions of s. 119.07(1). Patient care quality assurance proceedings, records, or reports obtained or made pursuant to these sections are not subject to dis- covery or introduction into evidence in any civil or administrative action. (13) The department may adopt, by rule, the proce- dures and process by which it will select trauma cen- ters. Such procedures and process must be used in annually selecting trauma centers and must be consist- ent with subsections (1 )-(8) except in those situations in which it is in the best interest of, and mutually agreed to by, all applicants within a service area and the department to reduce the timeframes. (14) Notwithstanding any other provisions of this section and rules adopted pursuant to this section, until the department has conducted the review provided under s. 395.402, only hospitals located in trauma ser- vices areas where there is no existing trauma center may apply. History.-ss, 6,15, ch, 90-284; s, 78, ch, 91-262; ss. 38, 98, ch, 92-289; s, 1, ch. 94-129; s, 3, ch, 94-260; s, 1052, ch, 95-148; s, 27, ch, 95-398; s. 218, ch, 96-406; s, 125, ch. 96-410; s. 106, ch, 99-8; s, 4, ch, 2000·189; s, 7, ch, 2004-259, Note.-Former s, 395.0335, 395.403 Reimbursement of trauma centers.- (1) All provisional trauma centers and trauma cen- ters shall be considered eligible to receive state funding 149 ì .I I , j ¡ 1 i I I , I I I ,'f 't t t {ì i 'f i~ ~¡: ~f H -¡~ ¡¡ H Ch. 395 HOSPITAL LICENSING AND REGULATION F.$. 2~ 1 F.$.20OE when state funds are specifically appropriated for state- sponsored trauma centers in the General Appropria- tions Act. Effective July 1, 2004, the department shall make one-time payments from the Administrative Trust Fund under s. 20.435 to the trauma centers and a hos- pital with a pending application for a Levell trauma cen- ter in recognition of the capital investment made by the hospital to establish the trauma service. Payments shall be in equal amounts for the trauma centers approved by the department as of July 1 of the fiscal year in which funding is appropriated, with lesser amounts for the hospital with an application pending for a Levell trauma center at the department as of April 1 , 2004, In the event a trauma center does not maintain its status as a trauma center for any state fiscal year in which such funding is appropriated, the provisional trauma center or trauma center shall repay the state for the portion of the year during which it was not a trauma center. (2) Provisional trauma centers and trauma centers eligible to receive distributions from the Administrative Trust Fund under s. 20.435 in accordance with subsec- tion (1) may request that such funds be used as intergovernmental transfer funds in the Medicaid pro- gram. (3) In order to receive state funding, a hospital shall be a trauma center and shall: (a) Agree to cpnform to all departmental require- ments as provided by rule to assure high-quality trauma services. (b) Agree to provide information concerning the provision of trauma services to the department, in a form and manner prescribed by rule of the department. (c) Agree to accept all trauma patients, regardless of ability to pay, on a functional space-available basis. (4) A trauma center that fails to comply with any of the conditions listed in subsection (3) or the applicable rules of the department shall not receive payments under this section for the period in which it was not in compliance. History,-ss, 7, 15, ch, 90·284; s, 79, ch, 91·282; s, 92, ch, 92·33; SS, 39, 98. ch, 92-289; s. 19, ch. 98·89; s, 8, ch, 2004-259, Note.-Former s, 395,034, 395.4036 Trauma payments.- (1) Recognizing the Legislature's stated intent to provide financial support to the current verified trauma centers and to provide incentives for the establishment of additional trauma centers as part of a system of state-sponsored trauma centers, the department shall utilize funds collected under s. 318.18(15) and depos- ited into the Administrative Trust Fund of the depart- ment to ensure the availability and accessibility of trauma services throughout the state as provided in this subsection. (a) Twenty percent of the total funds collected under this subsection during the state fiscal year shall be distributed to verified trauma centers that have a local funding contribution as of December 31. Distribu- tion of funds under this paragraph shall be based on trauma case load volume for the most recent calendar year available. (b) Forty percent of the total funds collected under this subsection shall be distributed to verified trauma centers based on trauma case load volume for the most recent calendar year available. The determination of caseload volume for distribution of funds under this paragraph shall be based on the department's Trauma Registry data, (c) Forty percent of the total funds collected under this subsection shall be distributed to verified trauma centers based on severity of trauma patients for the most recent calendar year available. The determination of severity for distribution of funds under this paragraph shall be based on the department's International Clas- sification Injury Severity Scores or another statistically valid and scientifically accepted method of stratifying a trauma patient's severity of injury, risk of mortality, and resource consumption as adopted by the department by rule, weighted based on the costs associated with and incurred by the trauma center in treating trauma patients. The weighting of scores shall be established by the department by rule. Funds deposited in the department's Administrative Trust Fund for verified trauma centers may be used to maximize the receipt of federal funds that may be avail- able for such trauma centers. Notwithstanding this sec- tion and s. 318.14, distributions to trauma centers may be adjusted in a manner to ensure that total payments to trauma centers represent the same proportional allo- cation as set forth in this section and s. 318.14. For pur- poses of this section and s. 318.14, total funds distrib- uted to trauma centers may include revenue from the Administrative Trust Fund and federal funds for which revenue from the Administrative Trust Fund is used to meet state or local matching requirements. Funds col- lected under ss. 318.14 and 318.18(15) and deposited in the Administrative Trust Fund of the department shall be distributed to trauma centers on a quarterly basis using the most recent calendar year data available. Such data shall not be used for more than four quarterly distributions unless there are extenuating circum- stances as determined by the department, in which case the most recent calendar year data available shall continue to be used and appropriate adjustments shall be made as soon as the more recent data becomes available. (2)(a) Any trauma center not subject to audit pursu- ant to s. 215,97 shall annually attest, under penalties of perjury, that such proceeds were used in compliance with law. The annual attestation shall be made in a form and format determined by the department. The annual attestation shall be submitted to the department for review within 9 months after the end of the organiza- tion's fiscal year. (b) Any trauma center subject to audit pursuant to s. 215.97 shall submit an audit report in accordance with rules adopted by the Auditor General. (3) The department, working with the Agency for Health Care Administration, shall maximize resources for trauma services wherever possible. History.-s, 7, ch, 2005-194; s, 16, ch, 2006-192, 395.404 Review of trauma registry data; report to central registry; confidentiality and limited release.- (1 )(a) request c furnish fc prescribe monitorin with the ~ (b) Tr subsectio sions of ~ Constituti such traUl hospital, E regional t entity fron ment may purposes, of chapter (2) Ea and acute brain and with the pi person wh cord injul) age, residt and any é finds nece: History.-s, ¡ 5S, 41, 98. ch, 9: ch, 96-406; s, H 2005-2, Note.-FormE 395.4045 trauma tral victims to f (1) Eac licensed un victims to except as IT approved t agency for gency medi if no such d tocol is in approved pi (2) A tr trauma tram gency medi within the ! agency. De, a trauma at interested p approved tr trauma can region; each each emergE licensed un respective rr (3) Traur the use of a t pediatric ass l11ent. The rL licensed eme forming and, if . 1 04/20/07 FZABWARR FUND 001 001001 001166 001177 001182 001404 001412 001418 001419 001424 001814 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 ""006 204 121 129 130 140 140001 140128 140129 140131 140133 140327 140328 140335 140339 140341 140342 140350 150 160 183 183001 183004 183006 ST. LUCIE COUNTY - BOARD WARRANT LIST #29- 14-APR-2007 TO 20-APR-2007 FUND SUMMARY TITLE General Fund Recreation Special Events Section 112/MPO/FHWA/Planning 05 Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 05 CDBG Sup Disaster Recovery CTD Medicaid Non-Emrg Grant FY 07 FDCA EMPA FY07 FDCA-Construct County EOC Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees 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 FL Dept Juvenile Justice-DMC Civil Blakely Subdivision Fund Parks MSTU Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Industrial Park West-EDA FAA Design 9L-27R/Install Perimeter Design Parallel Runway 9L/27R Construct Runway 9L/27R FDOT Access Roads Ph.2 A/P IPW FDOT Land Acquisitions/Planning Stu Parallel Runway Design-9L/27R Drainage Improvements #407701 Construction of Airport Rescue & Fi Construction of Access Road forARFF Install Security Fencing Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund EXPENSES 193,108.15 2,068.00 105.00 530.15 1,667.06 94.52 52,537.00 5,178.59 73,478.12 781. 79 106.48 3,621. 03 5,260.00 237,293.81 10,924.11 186,900.53 11,195.15 17,345.13 106,195.79 2,114.23 98,720.31 79.90 32,618.05 235.54 23,321. 91 113.95 80.99 411,212.39 0.70 61,095.12 100.95 513,606.03 5,269.94 53,804.10 42,339.03 9,912.75 14,282.54 4,223.91 108.75 15,470.00 3,170.00 1,113.63 156.27 10,695.12 15,988.80 465.09 509.55 60.85 PAGE PAYROLL 695,127.95 0.00 0.00 7,083.66 1,756.40 1,340.67 0.00 0.00 0.00 2,370.74 1,391.91 47,600.43 0.00 45,400.59 34,921.36 19,375.62 0.00 103,444.54 6,624.90 0.00 100,392.46 1,049.60 33,111. 57 0.00 10,074.58 1,507.10 0.00 0.00 9.55 14,019.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,163.20 3,243.31 0.00 0.00 2,903.25 0.00 1 ~.- ¡ 04/20/07 FZABWARR FUND 184211 185007 185008 310002 315 316 317 39007 397 398 401 418 451 458 461 471 478 479 491 505 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #29- 14-APR-2007 TO 20-APR-2007 FUND SUMMARY TITLE FDEP South SLC Beach Restoration FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Impact Fees-Parks County Building Fund County Capital County Capital-St Revenue Share Bnd Indian River Estates MSBU Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 77,186.57 77 .24 4,472.89 3,146.15 359,100.00 105,882.90 16,501.71 1,196.50 450.00 850.00 240,711.61 28,765.32 139,026.92 25,709.94 39,282.24 321,415.58 23,514.05 8,912.69 4,793.57 517,508.94 10,049.49 10,468.34 260,168.82 4,428,452.28 PAGE PAYROLL 0.00 1,051.68 3,035.97 0.00 0.00 0.00 0.00 0.00 0.00 0.00 67,592.87 24,013.00 1,944.02 694.09 18,571.49 8,314.92 1,447.83 1,239.54 63,381. 33 5,920.80 1,482.95 0.00 0.00 1,333,603.55 2 .. t I AGENDA REQUEST ITEM NO. ~11 DATE: April 24,2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No, 07-149 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County BACKGROUND: Due to the drought in St. Lucie County, the Fire Chief has requested that the County extend the ban on open air burning in St. Lucie County. FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 07-149 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: M APPROVED [] DENIED [ ] OTHER: Approved 5-0 frr. County Attorney: J.v" Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 I 6 200/ -~'--"--~'_'_-~,-., .4 .- RESOLUTION NO. 07-149 A RESOLUTION Of THE BOARD Of COUNTY COMMISSIONERS Of ST. LUCIE COUNTY EXTENDING THE STATE Of LOCAL EMERGENCY (OPEN AIR BURNING) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board 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 County Administrator declared a state of emergency on February 14, 2007, at 5:00 p.m. due drought conditions. 3. The drought conditions have placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, 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. 5. Such declaration is extended for seven (7) days until April 25, 2007 at 5:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective April 18, 2007 at 5:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this _ day of April, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY - ~ i .. í AGENDA REQUEST ITEM NO. "1/ d "'. "^-D DATE: April 24, 2007 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: See CA No. 07-0694 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. COMMISSION ACTION: [XJ: APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Approved s-o [X] County Attorney: [ ] Road & Bridge.: ,')5... Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Flnance:(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: 07-0694 DATE: April 24, 2007 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. Since November 21, 2006, the Board has approved extensions of the State of Emergency. It is necessary to extend that state of emergency again. 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. it~d' a eke A orney HL/ -- AN ORDER Of THE PUBLIC SAfETY DIRECTOR Of ST. LUCIE COUNTY EXTENDING THE STATE Of LOCAL EMERGENCY ( Indian River Drive) 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. 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 May 1, 2007 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 April 24. 2007 at 9:00 a.m. Jack T. Southard Public Safety Director -. .:- AGENDA REOUEST ITEM NO. C-2.C Date: April 24, 2007 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Decommissioning Floridan Aquifer Wells atthe St. Lucie County International Airport - Agreement with Treasure Coast Resource Conservation and Development Council, Inc. BACKGROUND: See C.A. No. 07-0671 FUNDS A V AIL. (State type & No. of transaction or N/ A):Account No. 140-4210-534000-400 RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the proposed agreement with Treasure Coast Resource Conservation and Development Council, Inc., and authorize the chairman to execute the agreement. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [~ OTHER: h C2C Pulled prior to the meeting. "' /1-./ , ~ ! County Attorney: v Originating Dry~~-'-:""'-'---'") v ~ Finance (Check for Copy only, if applicable): Coo rdination/Sil!natu res Mgt. & Budget: Purchasing: Other: Other: , INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-0671 DATE: Apri116,2007 SUBJECT: Decommissioning Floridan Aquifer Wells at the St. Lucie County International Airport _ Agreement with Treasure Coast Resource Conservation and Development Council, Inc. BACKGROUND: Attached to this memorandum is a copy of a proposed agreement with Treasure Coast Resource Conservation and Development Council, Inc. for the decommissioning of Floridan aquifer wells at the St. Lucie County International Airport. The agreement provides for the County to reimburse the Council for fifty percent (50%) of the cost or sixty-six thousand dollars and 00/100 dollars ($66,000.00), whichever is less. The agreement will run through September 30, 2007, but may be extended upon mutual agreement of the parties in the event additional funds become available. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed agreement with Treasure Coast Resource Conservation and Development Council, Inc., and authorize the chairman to execute the agreement. Respectfully submitted, ~~ Heather Young Assistant County Attorney HY/ Copies to: County Administrator Finance Director Public Works Director Deputy Clerk AGREEMENT THIS AGREEMENT made and entered into this _ day of ,2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and the TREASURE COAST RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL, INC., a Florida not for profit corporation, (the "Council"). WHEREAS, the County owns and operates the St. Lucie County International Airport (the "Airport"); and, WHEREAS, the Council has funds available for the decommissioning of Floridan aquifer wells in St. Lucie County; and, WHEREAS, the parties desire to work together to decommission Floridan aquifer wells at the Airport. NOW, THEREFORE, the County and the Council hereby agree and covenant on the terms and conditions hereinafter stated: 1. COUNCIL RESPONSIBILITIES. The Councils's responsibilities under this Agreement are as follows: A. The Council will enter into a contract for the decommissioning of approximately twelve (12) Floridan aquifer wells at the Airport. B. Upon completion of the work, the Council shall submit a request for reimbursement to the County in an amount equal to fifty percent (50%) of the cost of the work, or sixty-six thousand and 00/100 dollars ($66,000.00), whichever is less. C. Airport Director. The Council shall coordinate the decommissioning of the wells with the 3. COUNTY RESPONSIBILITIES. The County's responsibilities under this Agreement are as follows: A. The County share the costs of the project up to the amount of sixty-six thousand and 00/100 dollars or fifty percent (50%) of the project cost, whichever is less. Payment shall be delivered within thirty (30) days of the date of receipt and approval of the request for reimbursement. B. The County shall coordinate the decommissioning of the wells with the Council. 1 4. TERM: TERMINATION. The terms of this Agreement shall begin on the date first written above and shall continue through and including September 30, 2007, unless otherwise terminated as herein provided. This Agreement may be terminated by the mutual written agreement of the parties. In the event any work has been performed has prior to the effective date of termination, the County shall reimburse the Council for such work within thirty (30) days of the date of termination. 5. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to Council: Treasure Coast Resource Conservation and Development Council, Inc. 200 South Indian River Drive Suite 202 Fort Pierce, Florida 34950 6. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 7. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk 2 ATTEST: Secretary g:\atty\agreemnt\interloc\tcc&d.airport.wells.wpd APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney TREASURE COAST RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL,INC. BY: Chairman (Seal) 3 AGENDA REQUEST ITEM NO.~ Date: April 24, 2007 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: B & E Houck Enterprises, Inc. - Consider Approval of Ground Lessor Consent and Estoppel Certificate in conjunction with sale to Volo Holdings Fort Pierce, LLC BACKGROUND: See C.A. No. 07-0672 FUNDS A V AIL. (State type & No. of transaction or N/ A): N/ A RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the proposed Ground Lessor Consent and Estoppel Certificate, and authorize the chairman to execute the documents. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 C",ty AUO=Y' ' ~ ;" ...... Originatin~~)¡< r;2é--~~ I b ~ Finance (Check for Copy only, if applicable): Coo rdina tion/Sil!natures Mgt. & Budget: Purchasing: Other: Other: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-0672 DATE: April 17, 2007 SUBJECT: B & E Houck Enterprises, Inc. - Consider Approval of Ground Lessor Consent and Estoppel Certificate in conjunction with sale to Volo Holdings Fort Pierce, LLC BACKGROUND: B & E Houck Enterprises, Inc. currently operates a fixed base operation at the airport pursuant to an Amended and Restated Lease Agreement dated October 10, 2007, as amended on September 12, 2006. Houck Enterprises has notified the County that it intends to assign its interest under the lease to Volo Holdings Fort Pierce, LLC. Pursuant to the lease agreement, County consent is required for the assignment to occur. Attached to this memorandum are copies of a proposed Estoppel Certificate and Ground Lessor Consent to be included in the closing documents for the assignment. The Estoppel Certificate verifies the current status of the lease agreement. The Ground Lessor Consent provides for the County to consent to the proposed assignment as consenting to the role Volo's lender, Merrill Lynch Mortgage Capital, Inc., will assume with regard to the Volo's obligations as lessee. Staff has reviewed the documents and found them to be in order as to legal form and correctness. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Ground Lessor Consent and Estoppel Certificate, and authoriZe the chairman to execute the documents. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Airport Director Finance Director Deputy Clerk Estoppel Certificate St. Lucie County, a political subdivision of the State of Florida, ("Lessor") is the ground lessor of that certain Amended and Restated Lease Agreement dated October 10, 2000, as amended by that certain First Amendment to Amended and Restated Lease Agreement made on September 12, 2006 (collectively, the "Ground Lease") between Lessor and B & E Houck Enterprises, Inc., as lessee ("Lessee"). Capitalized terms not otherwise defined in this certificate shall have the meanings given to them in the Ground Lease. Lessor hereby certifies to Lessee, Volo Holdings Fort Pierce LLC, a Delaware limited liability company ("Volo"), Chicago Title Insurance Company and Merrill Lynch Mortgage Capital, Inc., who is expected to make a leasehold mortgage on the premises ("Lender"), and their respective successors and assigns, as follows: 1. The Ground Lease term commenced November 1, 2000 and ends October 31, 2040. The lessee under the Ground Lease has an option to extend the term for an additional forty (40) years. 2. Lessor is the owner and the holder of all of the Lessor's interest under the Ground Lease, and such interest has not been assigned, encumbered or hypothecated. 3. Attached hereto as Exhibit A is a true, correct and complete copy of the Ground Lease, which Ground Lease is currently in full force and effect, and has not been modified, amended, assigned or supplemented. Except as set forth on Exhibit A hereto, there do not exist any other agreements concerning the Premises, whether oral or written, between Lessor and Lessee except for the Revocable License Agreement between Lessor and Lessee recorded in official Records Book 1344, at Page 466, a copy of which is attached hereto as Exhibit B. Lessor has not leased or granted rights to use any portion of the Premises to any party other than the Lessee except as may be reserved or otherwise provided in the Ground Lease. 4. Rent under the Ground Lease is payable at the rate of $18,398.44, after taxes, plus fuel flowage fee of $0.0497 per gallon, per month, and has been paid through April, 2007. As of the date hereof, no further rent or assessments are currently due and payable from Lessee under the Ground Lease. 5. Lessor has no knowledge of any (i) existing default under the terms, covenants and/or conditions of the Ground Lease by reason of any act or omission of Lessor or Lessee, (ii) existing or threatened conditions that, with the giving of notice, the passage of time or both, would constitute a default by Lessor or Lessee under the Ground Lease, or (iii) event that authorizes or with the passage of time or both will authorize Lessor to terminate the Ground Lease. 6. Lessor has not received written notice of any pending eminent domain proceedings or any judicial actions of any kind against the Lessor's interest in the Premises. cm01_50413178_5_207987_00080 3/27/20071:38 PM In Witness Whereof, the Lessor has caused this Estoppel Certificate to be executed as of the day of , 2007. Witness for Lessor Printed Name: Printed Name: cm01_50413178_5_207987_00080 3/27/20071:38 PM St. Lucie County, Florida, a political subdivision of the State of Florida By: Printed Name: Title: 2 STATE OF FLORIDA COUNTY OF ST. LUCIE BEFORE ME, the undersigned authority, personally appeared , of the Board of County Commissions, St. Lucie County, Florida a political subdivision of the State of Florida, who being duly sworn, deposes and says that he/she has read and executed the foregoing instrument, on behalf of such political subdivision, on this _ day of 2007. Notary Public State of Florida My Commission Expires: Type of Identification: Personally Known: Driver's License: Other: 3 CillO 1_50413178_5_207987_00080 3/2712007 1:38 PM GROUND LESSOR CONSENT This Ground Lessor Consent ("Consent") is made on , 2007 between S1. Lucie County, a political subdivision of the State of Florida ("Lessor"), B&E Houck Enterprises, Inc. a Florida corporation ("Lessee") and Yolo Holdings Fort Pierce LLC, a Delaware limited liability company ("V 010"). A. Lessor and Lessee entered into that certain Amended and Restated Lease Agreement dated October 10, 2000, as amended by that certain First Amendment to Amended and Restated Ground Lease dated September 12, 2006 (collectively the "Lease') of the premises described on Exhibit A attached hereto. Defined terms not otherwise defined herein shall have the meanings ascribed to them in the Lease Agreement. B. Lessee intends to assign its interest in the Lease to V 010 ("Assignment"), and V 010 intends to finance its acquisition of the Lease ("Loan"). C. herein. Lessor has agreed to consent to the Assignment and the Loan as set forth NOW, THEREFORE" in consideration of TEN ($10.00) DOLLARS, the covenants and agreements set forth herein and other good and value consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows: 1. Lessor, its successor and/or assigns, covenants and agrees with Lessee for the benefit of any leasehold mortgagee, including Merrill Lynch Mortgage Capital Inc., Inc., its successors and assigns (collectively, "Lender"), in furtherance of Section 27 of the Lease as follows: (a) If Lessee or Lender gives notice to Lessor of Lender's address, then Lessor shall give to Lender, at such address, at the same time delivered to Lessee, and otherwise in the manner provided in this Lease, a copy of each notice of default at any time thereafter given by Lessor concurrently with any such notice of default given by Lessor to Lessee. Lender shall have a period of thirty (30) days more than the period given to Lessee in each instance in the case of a monetary default, and sixty (60) days more than the period given to Lessee in each instance in the case of any other default, for remedying such default or causing the same to be remedied; provided, however, if any non-monetary default is not reasonably capable of remedy by Lender within such sixty (60) day period, Lender shall have such sixty (60) day period to commence curing such default and such greater period of time as is reasonably necessary to complete same with due diligence. Lessor shall accept performance by Lender of any covenant, condition or cm01_50412357_3_207987_00080 3/27/20071:37 PM agreement on Lessee's part to be performed under this Lease with the same force and effect as though performed by Lessee. (b) Anything herein contained to the contrary notwithstanding, upon the occurrence of an event of default, Lessor shall take no action to terminate this Lease or otherwise enforce its remedies under this Lease without first giving to the Lender written notice thereof as provided in subparagraph [(a)] above, and a reasonable time thereafter within which either (at Lender's option) (i) to obtain possession of the Premises, and/or (ii) to institute, prosecute and complete foreclosure proceedings or otherwise acquire Lessee's interest under this Lease, with reasonable diligence. If the operation of any law or a determination by any court prevents the Lender from taking the actions set forth in clauses (i) and/or (ii) above, the Lender shall have a reasonable additional period of time within which to complete the actions set forth in clauses (i) and/or (ii) above provided that Lender shall, within thirty (30) days after written notice, cure any payment defaults and thereafter continue to pay rent as it becomes due. (c) Upon obtaining possession or acquiring Lessee's interest under this Lease, the Lender (or its designee) shall be required, within a reasonable period of time, to cure all defaults by Lessee then reasonably susceptible of being cured by Lender; provided, however, that the Lender shall not be obligated to continue such possession or to continue such foreclosure or other proceedings. In no event shall the Lender be obligated to perform any obligation under this Lease which is personal to the Lessee. This provisions shall not be construed to delay the obligation to cure monetary defaults as previously provided. (d) With Lessor's prior written approval of the fixed base operator, whether as manager for Lender or as assignee of this Lease, the Lender, its designee, or any purchaser in foreclosure proceedings or pursuant to any power of sale or deed or other transfer in, lieu of foreclosure may become the legal owner and holder of this Lease through such foreclosure proceedings, by assignment of this Lease in lieu of foreclosure or otherwise. Lessor shall not unreasonably withhold, condition or delay its approval of the fixed base operator, provided that Lender submits to Lessor reasonable evidence that such fixed based operator has experience conducting fixed base operations as are then being conducted on the Premises. (e) If this Lease is terminated prior to its expiration for any reason, Lessor shall serve upon the Lender written notice that this Lease has been terminated together with a statement of any sums which would at that time be due under this Lease but for such termination, and of all other defaults, if any, under this Lease then known to Lessor. The Lender shall thereupon have the option to obtain a new Lease in accordance with and upon the following terms and conditions: 2 cmOl_50412357_3_207987_00080 3/27/20071:37 PM (i) Upon the written request (the "Request Notice") of the Lender, given within thirty (30) days after service of such notice that this Lease has been terminated (or if Lessee contests such termination, within thirty (30) days after Lessor gives Lender notice of a final adjudication adverse to Lessee), Lessor shall, within thirty (30) days of the service ofthe Request Notice, enter into a new Lease of the Premises with Lender, or Lender's designee. (ii) Such new Lease shall be effective as of the date of termination of this Lease and shall be for the remainder of the term of this Lease, at the rent and upon all the terms, covenants and conditions of this Lease, except for those personal to Lessee or which are no longer applicable at the time the new Lease is executed, and (except for the foregoing) shall require the new Lessee to perform, within a reasonable period of time, any continuing unfulfilled obligation of Lessee under this Lease. Upon the execution of such new Lease, the Lessee named therein shall pay any sums which would at the time of the execution thereof be due under this Lease but for such termination, less the rent or other income actually collected by Lessor from any third parties. Any new Lease granted to the Lender, or its designee, shall enjoy the same priority as this Lease over any lien, encumbrance or other interest created by Lessor before or after the date of such new Lease subject to any applicable FAA approval or consent. (iii) Effective upon the commencement of the term of any new Lease, all subleases shall be assigned and transferred without recourse by Lessor to the lessee under such new Lease, and all monies collected by Lessor to which Lessee would have been entitled but for the termination of this Lease shall be credited or paid over to the new Lessee. (iv) The provisions of this Agreement shall survive the termination, rejection or disaffirmance of the Lease in bankruptcy and shall continue in full force and effect thereafter as a separate and independent contract made by Lessor, Lessee and Lender. The agreement of Lessor hereunder to enter into a new lease with Lender shall be deemed a separate agreement between Lessor and Lender, and shall be unaffected by the rejection of the Ground Lease in any bankruptcy proceeding by any party. (f) Lessor and Lessee shall not enter into any agreement modifying, cancelling, terminating or surrendering this Lease or waiving rights, nor shall Lessor accept any of the foregoing from Lessee, without the prior written consent of Lender. Any such agreement entered into without Lender's prior written consent shall be void. Lessee shall not be permitted 3 cmOI_50412357 _3_207987_000803127/2007 1:37 PM to exercise any termination right under this Lease, nor may Lessor accept any such termination without Lender's prior written consent. (g) Lender shall (upon its request) be added to the "Loss Payable Endorsement" of any and all insurance policies required to be carried by Lessee hereunder and all insurance proceeds shall be paid to Lender, provided that Lender agrees to release such proceeds to Lessee from time to time to pay for the costs of restoration, provided further that Lender may impose reasonable and customary conditions and procedures for the disbursement of such proceeds for restoration, consistent with construction loan disbursement practices of institutional mortgage lenders generally (provided such conditions are not inconsistent with Lessee's restoration obligations under the Lease). Lender shall have the right to participate in the adjustment of losses with any insurance company with respect to any damage or destruction of the premises or any improvements thereon. (h) If the Lender or its nominee or designee succeeds to the interests of Lessee by reason of foreclosure or an assignment in lieu thereof or by reason of delivery of a new lease or otherwise, the Lender's, its nominee's, designee's or assignee's, liability to Lessor shall be limited to its interest in the premises, and Lessor shall have no recourse whatsoever to any other assets of the Lender, its nominee, designee or assignee. If the Lender or its nominee or designee succeeds to the interests of Lessee, upon any subsequent assignment by Lender, its nominees, or designees, Lender shall be released from any liability under the Lease. (i) Lessor agrees that Lessor's consent to any further mortgage of Lessee's interest under the Lease shall not be unreasonably withheld, conditioned or delayed. G) Lessor consents and agrees to an assignment of the Lease from Lessee to V 010. In the lease assignment, V 010 shall receive an assignment of Lessee's right, title and interest under the Lease, and Volo shall assume the obligations of the Lessee under the Lease. Nothing herein releases any party from liability under the Lease. (k) Lessor agrees not to disturb the possession of any subtenants under subleases, and hereby covenants that so long as such subtenants do not violate any terms of this lease agreement. (1) Lessor expressly consents to two mortgage loans from Merrill Lynch Mortgage Capital, Inc. to Volo to be secured by Volo's leasehold interest in the Lease. In no event will any related mortgage documents encumber Lessor's fee interest, nor will the mortgage documents adversely affect any rights of Lessor under the Lease, except as otherwise expressly provided herein. 4 CHIOI_50412357_3_207987_00080 3/27/20071:37 PM 2. The second grammatical paragraph of Paragraph 35 is hereby amended, deleting "First National Bank and Trust Company of the Treasure Coast" where it appears and substituting in lieu thereof "Lender". 3. In the event of a conflict between the provisions of this Consent and any other provisions of the Lease, the provisions ofthis Consent shall control. 4. The provisions of this Consent shall be binding upon and shall inure to the benefit of Lessor, Lessee and their respective successors and assigns. Lessor and Lessee represent and warrant to each other that each of them has full power and authority to enter into this Consent and no consent of any other party is required. Lessor represents and warrants that there is no mortgage encumbering the Lessor's interest in the leased premIses. 5. The parties acknowledge that this Consent amends the Lease. As amended hereby, the Lease shall remain in full force and effect. This Consent may be recorded in public records. [The next page is the signature page.] 5 CHIOI_50412357_3_207987_00080 3/27/20071:37 PM IN WITNESS WHEREOF, the Lessor and Lesse~f haª¥e execute this Consent on this _ day of , 2007. ATTEST: B&E HOUCK ENTERPRISES, INC. Title: By: Name: Title: STATE OF FLORIDA COUNTY OF ST. LUCIE BEFORE ME, the undersigned authority, personally appeared Barbara J. Houck, President of B&E Houck Enterprises, Inc., who being duly sworn, deposes and says that she has read and executed the foregoing instrument, on behalf of such corporation, on this _ day of .2007. Notary Public State of Florida My Commission Expires: Type of Identification: Personally known: Driver's License: Other: 6 cmOl_50412357_3_207987_00080 3/27/2007 1:37 PM IN WITNESS WHEREOF, the Lessor has executed this Consent on this _ day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Name: Title: Title: APPROVED AS TO FORM AND CORRECTNESS: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE BEFORE ME, the undersigned authority, personally appeared , of the Board of County Commissioners, St. Lucie County, Florida a political subdivision of the State of Florida, who being duly sworn, deposes and says that he/she has read and executed the foregoing instrument, on behalf of such political subdivision, on this _ day of .2007. Notary Public State of Florida My Commission Expires: Type of Identification: Personally known: Driver's License: Other: 7 CillOl_50412357 _3_207987 _000803/27/2007 1:37 PM IN WITNESS WHEREOF, the Volo has executed this Consent on this _ day of ,2007. ATTEST: VOLO HOLDINGS FORT PIERCE, LLC Title: By: Name: Title: STATE OF FLORIDA COUNTY OF ST. LUCIE BEFORE ME, the undersigned authority, personally appeared , of Volo Holdings Fort Pierce LLC, who being duly sworn, deposes and says that _ has read and executed the foregoing instrument, on behalf of such limited liability company, on this _ day of 2007. Notary Public State of Florida My Commission Expires: Type of Identification: Personally known: Driver's License: Other: 8 cmOI_50412357_3_207987_00080 3/27/20071:37 PM Exhibit A Legal Description PARCEL 1: ALL THAT CERTAIN PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING, AND BEING IN SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCE REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 746.05 FEET TO A POINT ON THE CENTERLINE OF T AXIW A Y CHARLIE; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 2408.39 FEET TO A POINT; THENCE LEAVING SAID CENTERLINE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 93.00 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF T AXIW A Y CHARLIE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG A LINE THAT IS 93 FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF TAXIWAY CHARLIE, A DISTANCE OF 1,005.40 FEET TO A POINT THAT IS 81 FEET FROM, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF T AXILANE CHARLIE 1; THENCE, BEARING SOUTH 45 DEG 04'26" WEST, ALONG A LINE THAT IS 81 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF TAXILANE CHARLIE 1, A DISTANCE OF 443.21 FEET TO A POINT; THENCE, BEARING NORTH 87 DEG 51'29" WEST, ALONG A LINE THAT IS 81 FEET NORTHERL Y OF AND PARALLEL WITH SAID CENTERLINE OF TAXILANE CHARLIE 1, A DISTANCE OF 287.96 FEET TO A POINT; 9 ClllOl_50412357_3_207987_00080 3/27/20071:37 PM THENCE, BEARING SOUTH 02 DEG 08'31" WEST, A DISTANCE OF 61.00 FEET TO A POINT; THENCE, BEARING NORTH 87 DEG 51'29" WEST, A DISTANCE OF 380.54 FEET TO A POINT; THENCE, BEARING NORTH 00 DEG 22'31" EAST, A DISTANCE OF 586.00 FEET TO A POINT; THENCE, BEARING NORTH 45 DEG 17'31" EAST, A DISTANCE OF 100.00 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERL Y, HAVING A RADIUS OF 1,000.00 FEET, A CENTRAL ANGLE OF 16 DEG 10'59", A CHORD LENGTH OF 281.51 FEET BEARING NORTH 10 DEG 18'19" EAST: THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 282.45 FEET TO A POINT; THENCE, BEARING NORTH 45 DEG 08'02" EAST, A DISTANCE OF 182.84 FEET TO THE POINT OF BEGINNING. PARCEL 2: ALL THAT CERTAIN PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING, AND BEING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARING CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCE. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 746.05 FEET TO A POINT ON THE CENTERLINE OF TAXIWAY CHARLIE; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG SAID CENTERLINE, DISTANCE OF 1893.52 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 493.91 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, A DISTANCE OF 330.35 FEET TO A POINT; 10 CHIO 1_50412357_3 _207987_00080 3/27/2007 1:3 7 PM THENCE, BEARING SOUTH 45 DEG 39'28" WEST, A DISTANCE OF 134.25 FEET TO A POINT; THENCE, BEARING SOUTH 17 DEG 02'56" WEST, A DISTANCE OF 148.21 FEET TO A POINT; THENCE, BEARING SOUTH 00 DEG 37'04" WEST, A DISTANCE OF 426.34 FEET TO A POINT; THENCE, BEARING NORTH 89 DEG 19'41" WEST, A DISTANCE OF 137.04 FEET TO A POINT; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 47.47 FEET TO A POINT; THENCE, BEARING NORTH 88 DEG 54'15" WEST, A DISTANCE OF 207.83 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCA VE NO~THEASTERL Y, HAVING A RADIUS OF 70.00 FEET, A CENTRAL ANGLE OF 88 DEG 50'50", A CHORD LENGTH OF 97.99 FEET BEARING NORTH 44 DEG 28'50" WEST; THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 108.55 FEET TO A POINT; THENCE, BEARING NORTH 00 DEG 03'26" WEST, A DISTANCE OF 13.08 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERL Y, HAVING A RADIUS 45.00 FEET, A CENTRAL ANGLE OF 89 DEG 18'31", A CHORD LENGTH OF 63.25 FEET BEARING NORTH 44 DEG 42'41" WEST; THENCE, NORTHWESTERL Y ALONG THE ARC OF SAID CURVE, A DISTANCE OF 70.14 FEET TO A POINT; THENCE, BEARING NORTH 89 DEG 21'56" WEST, A DISTANCE OF 272.84 FEET TO A POINT; THENCE, BEARING NORTH 00 DEG 03'26" WEST, A DISTANCE OF 120.47 FEET TO A POINT; THENCE, BEARING NORTH 45 DEG 08'02" EAST, A DISTANCE OF 953.22 FEET TO THE POINT OF BEGINNING. PARCEL 3: ALL THAT CERTAIN PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING, AND BEING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON 11 CIDOI_S04123S7_3_207987_00080 3/27120071:37 PM STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 746.05 FEET TO A POINT ON THE CENTERLINE OF T AXIW A Y CHARLIE; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 1893.52 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, BEARING SOUTH 00 DEG 08'02" WEST, A DISTANCE OF 1,323.12 FEET TO A POINT; THENCE, BEARING NORTH 89 DEG 51'58" WEST, A DISTANCE OF 191.10 FEET TO THE POINT AND PLACE OF BEGINING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 00 DEG 08'02" WEST, A DISTANCE OF 190.00 FEET TO A POINT; THENCE, BEARING NORTH 89 DEG 51'58" WEST, A DISTANCE OF 480.00 FEET TO A POINT; THENCE, BEARING NORTH 00 DEG 08'02" EAST, A DISTANCE OF 190.00 FEET TO A POINT; THENCE, BEARING SOUTH 89 DEG 51'58" EAST, A DISTANCE OF 480.00 FEET TO THE POINT OF BEGINNING. PARCEL 4: ALL THAT CERTAIN PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING, AND BEING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 746.05 FEET TO A POINT ON THE CENTERLINE OF T AXIW A Y CHARLIE; 12 cmOI_50412357_3_207987_00080 3/27/20071:37 PM THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 1543.51 FEET TO A POINT AT THE INTERSECTION OF TAXIWAYS CHARLIE AND ECHO; THENCE, LEAVING SAID CENTERLINE OF T AXIW A Y CHARLIE, BEARING SOUTH 45 DEG 28'18" WEST, ALONG THE CENTERLINE OF TAXIWAY ECHO AND EXTENSION THEREOF, A DISTANCE OF 1568.68 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF TAXILANE DELTA 2 AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, LEAVING SAID CENTERLINE AND EXTENSION THEREOF, BEARING SOUTH 44 DEG 36'06" EAST, ALONG A LINE THAT IS 93 FEET SOUTHWESTERL Y OF AND PARALLEL WITH SAID CENTERLINE OF TAXILANE DELTA 2, A DISTANCE OF 300.47 FEET TO A POINT; THENCE, LEAVING SAID LINE, BEARING SOUTH 00 DEG 03'26" EAST, A DISTANCE OF 288.61 FEET TO A POINT; THENCE, BEARING NORTH 89 DEGREES, 42'32" WEST, A DISTANCE OF 277.96 FEET TO A POINT; THENCE, BEARING NORTH 00 DEG 03'26" WEST, A DISTANCE OF 134.33 FEET TO A POINT; THENCE, BEARING NORTH 44 DEG 36'08" WEST, A DISTANCE OF 420.00 FEET TO A POINT; THENCE, BEARING NORTH 45 DEG 23'54" EAST, A DISTANCE OF 305.14 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED IN RIGHT ANGLES TO, THE CENTRLINE OF T AXILANE DELTA 2; THENCE, BEARING SOUTH 44 DEG 36'06" EAST, ALONG A LINE THAT IS 93 FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF TAXILANE DELTA 2, A DISTANCE OF 205.75 FEET TO THE POINT OF BEGINNING. PARCEL 5: ALL THAT CERTAIN PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING, AND BEING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; 13 CHIOI_50412357 _3_207987 _000803/2712007 I :37 PM COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 746.05 FEET TO A POINT ON THE CENTRLINE OF T AXIW A Y CHARLIE; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 1450.50 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE OF TAXIWAY CHARLIE, BEARING SOUTH 45 DEG 28'18" WEST, ALONG A LINE THAT IS 93 FEET NORTHWESTERL Y OF AND PARALLEL WITH THE CENTERLINE OF TAXIWA Y ECHO, A DISTANCE OF 954.91 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUE SOUTH 45 DEG 28'18" WEST, ALONG A LINE THAT IS 93 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF T AXIW A Y ECHO, A DISTANCE OF 440.01 FEET TO A POINT; THENCE, LEAVING SAID LINE, BEARING NORTH 44 DEG 51'58" WEST, A DISTANCE OF 967.53 FEET TO A POINT; THENCE, BEARING NORTH 45 DEG 08'02" EAST, A DISTANCE OF 440.00 FEET TO A POINT; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, A DISTANCE OF 970.13 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED AT RIGHT ANGLE TO, THE CENTERLINE OF TAXIWAY ECHO AND THE POINT OF BEGINNING. PARCEL 6: ALL THAT CERTAIN PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING, AND BEING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 746.05 FEET TO A POINT ON THE CENTERLINE OF TAXIWAY CHARLIE; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 862.65 FEET TO A POINT; 14 CmO]_50412357_3_207987_00080 3/27/2007 ]:37 PM THENCE, LEAVING SAID CENTERLINE, BEARING SOUTH 45 DEG 08'02" EAST, A DISTANCE OF 93.00 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF T AXIW A Y CHARLIE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 44 DEG 51 '58" EAST, ALONG A LINE THAT IS 93 FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF TAXIWAY CHARLIE, A DISTANCE OF 587.30 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF T AXIW A Y ECHO; THENCE, BEARING SOUTH 45 DEG 28'18" WEST, ALONG A LINE THAT IS 93 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF TAXIWA Y ECHO, A DISTANCE OF 776.12 FEET TO A POINT; THENCE, LEAVING SAID LINE, BEARING NORTH 44 DEG 51'58" WEST, A DISTANCE OF 582.73 FEET TO A POINT; THENCE BEARING NORTH 45 DEG 08'02" EAST, A DISTANCE OF 776.10 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED IN RIGHT ANGLES TO, THE CENTERLINE OF T AXIW A Y CHARLIE AND THE POINT OF BEGINNING. PARCEL 7: ALL THAT CERTAIN PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING, AND BEING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 746.05 FEET TO A POINT ON THE CENTRLINE OF T AXIW A Y CHARLIE; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 318.29 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 93.00 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF T AXIW A Y CHARLIE THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; 15 cmOI_50412357_3_207987_00080 3/27/20071:37 PM THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG A LINE THAT IS 93 FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF TAXIWA Y CHARLIE, A DISTANCE OF 544.36 FEET TO A POINT; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 776.10 FEET TO A POINT; THENCE, BEARING NORTH 44 DEG 51'58" WEST, A DISTANCE OF 544.36 FEET TO A POINT; THENCE, BEARING NORTH 45 DEG 08'02" EAST, A DISTANCE OF 776.10 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED IN RIGHT ANGLES TO, THE CENTERLINE OF TAXIWAY CHARLIE AND THE POINT OF BEGINNING. PARCEL 8: ALL THAT CERTAIN PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING, AND BEING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 746.05 FEET TO A POINT ON THE CENTRLINE OF T AXIW A Y CHARLIE; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 318.29 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 93.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUE SOUTH 45 DEG 08'02" WEST ALONG SAID LINE, A DISTANCE OF 776.10 FEET TO A POINT; THENCE, BEARING NORTH 44 DEG 51'58" WEST, A DISTANCE OF 293.14 FEET TO A POINT; THENCE, BEARING NORTH 89 DEG 45'58" WEST, A DISTANCE OF 588.20 FEET TO A POINT; THENCE, BEARING NORTH 00 DEG 07'42" WEST, A DISTANCE OF 410.00 FEET TO A POINT; 16 CHIOl_50412357 _3_207987 _000803/27/2007 1 :37 PM THENCE, BEARING NORTH 89 DEG 52'18" EAST, A DISTANCE OF 490.70 FEET TO A POINT; THENCE, BEARING NORTH 45 DEG 08'02" EAST, A DISTANCE OF 554.15 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED IN RIGHT ANGLES TO, THE CENTERLINE OF T AXIW A Y CHARLIE; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG A LINE THAT IS 93 FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF TAXIWAY CHARLIE, A DISTANCE OF 655.64 FEET TO THE POINT OF BEGINNING. PARCEL 9: ALL THAT CERTAIN PIECE, PARCEL, OR TRACT OF LAND SITUATE, LYING, AND BEING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TALLAHASSEE BASE MERIDIAN, ST. LUCIE COUNTY, FLORIDA. THE BEARINGS CONTAINED IN THIS LEGAL DESCRIPTION ARE BASED UPON STATE PLANE GRID NORTH. THE DISTANCES REFER TO GROUND DISTANCES. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SURVEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 746.05 FEET TO A POINT ON THE CENTERLINE OF TAXIWAY CHARLIE; THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 1893.52 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, BEARING SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 493.91 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUE SOUTH 45 DEG 08'02" WEST, A DISTANCE OF 976.41 FEET TO A POINT; THENCE, BEARING NORTH 44 DEG 36'06" WEST, A DISTANCE OF 265.67 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED IN RIGHT ANGLES TO, THE CENTERLINE OF T AXIW A Y ECHO; THENCE BEARING NORTH 45 DEG 28'18" EAST, ALONG A LINE THAT IS 93 FEET SOUTHEASTERL Y OF AND PARALLEL WITH SAID CENTERLINE OF T AXIW A Y ECHO, A DISTANCE OF 1376.11 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED A T RIGHT ANGLES TO, THE CENTERLINE OF T AXIW A Y CHARLIE; 17 cmOI_50412357 _3_207987 _000803/27/2007 1:37 PM THENCE, BEARING SOUTH 44 DEG 51'58" EAST, ALONG A LINE THAT IS 93 FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF TAXIWAY CHARLIE, A DISTANCE OF 138.57 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF TAXIWA Y DELTA; THENCE BEARING SOUTH 45 DEG 25'50" WEST, ALONG A LINE THAT IS 93 FEET NORTHWESTERL Y OF AND PARALLEL WITH SAID CENTERLINE OF TAXIWAY DELTA, A DISTANCE OF 400.91 FEET TO A POINT; THENCE, BEARING SOUTH 44 DEG 41'58" EAST, A DISTANCE OF 121.07 FEET TO THE POINT OF BEGINNING. 18 cmOI_50412357 _3_207987 _000803/27/2007 1:37 PM AGENDA REQUEST ITEM NO. ¿ ;;u! DA TE: April 24, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-145 - Urging the Florida Legislature to Defeat Legislation that would Preempt Local Regulation of Wetlands. BACKGROUND: Vanessa Bessey, Environmental Resource Manager, has requested that this Board adopt a resolution opposing Proposed HB 957 which urges the Florida Legislature to Defeat Legislation that would Preempt Local Regulation of Wetlands. The attached Resolution No. 07-145 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-145 as drafted. COMMISSION ACTION: íM",APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: County Attorney: :/"}¡ II t/~ ~. Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 RESOLUTION NO. 07-145 A RESOLUTION URGING THE FLORIDA LEGISLATURE TO DEFEAT LEGISLATION THAT WOULD PREEMPT LOCAL REGULATION OF WETLANDS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Amendments to Proposed HB 957 have been adopted that would preempt local governments from regulating wetlands. 2. Local governments currently have the ability to prevent damage to local wetlands by adopting regulations more strict than those required by the state. 3. Wetlands under one-half an acre would go completely unprotected if local wetlands regulations were preempted, because only local governments regulate small wetlands. 4. Wetlands filter pollutants out of our water, which mean that the fewer wetlands that exist, the less water quality protection we will ultimately experience. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Florida Legislature is urged to defeat legislation that would preempt local regulation of wetlands, including language contained in HB 957, or similar legislation. 2. The County Administrator shall send a copy of this resolution to the Governor, and the members of the St. Lucie County Legislative Delegation. After motion and second the vote on this resolution was as follows: Chairman Cris Craft XX Vice-Chairman Joseph E. Smith XX Commissioner Paula Lewis XX Commissioner Doug Coward XX Commissioner Charles Grande XX PASSED AND DULY ADOPTED this 24th day of April, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~t ~ COUNTY ~ ~ AGENDA REQUEST ITEM NO. C-3~ DATE: 4-24-07 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson/Parks & Recreation Director SUBMITTED BY: Parks & Recreation/Recreation SUBJECT: Equipment Request No. 07-324 BACKGROUND: The Aquatics section of the Recreation Division is requesting approval to purchase two computers for the new Lakewood Park Pool. This equipment will be used for admissions, and record keeping. One will be used at the admissions window to collect and account for fees and the other will be used by the pool manager for record keeping, budgeting and data collection. With the anticipation that all of Recreation will soon begin to use a software system for these functions, we will need to have computer equipment at this location. Staff did not request these in the FY 06-07 budget, which makes it necessary to request Board approval now. The cost of a computer is $1300 for a total of $2600. Funds are available in the Aquatics Machinery and Equipment account because of savings from other purchases. FUNDS AVAILABLE: 001-7216-564000-7106 (Recreation/Aquatics/Machinery and Equipment). RECOMMENDATION: Staff requests the Board approve Equipment Request No. 07-324 for the purchase of two computers, in the amount of $2600 for the new Lakewood Park Regional Park pool. COMMISSION ACTION: ~APPROVED [] DENIED [] OTHER: Approved S-O CONCURRENCE: Originating Dept. Management & Budge Purchasing: County Attorney: ~.'!"....'."'!' .. t· -., Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director /t- Subject: Approval of Agenda Item #C-3 Date: 4/4/2007 The Aquatics section of the Recreation Division is requesting approval to purchase two computers for the new Lakewood Park Pool. This equipment will be used for admissions, and record keeping. One will be used at the admissions window to collect and account for fees and the other will be used by the pool manager for record keeping, budgeting and data collection. With the anticipation that all of Recreation wi II soon begin to use a software system for these functions, we will need to have computer equipment at this location. Staff did not request these in the FY 06-07 budget, which makes it necessary to request Board approval now. The cost of a computer is $1300 for a total of $2600. Funds are available in the Aquatics Machinery and Equipment account because of savings from other purchases. Staff requests the Board approve Equipment Request No. 07-324 for the purchase of two computers, in the amount of $2600 for the new Lakewood Park Regional Park pool. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: DIVISION: Parks and Recreation RECOMMENDED: X YES NO REVISED JUSTIFICATION: The Aquatics section of the Recreation Division is requesting approval to purchase two (2) computers for the new Lakewood Park Pool. This equipment will be used for admissions, and record keeping, One will be used at the admissions window to collect and account for fees and the other will be used by the pool manager for record keeping, budgeting and data collection. With the anticipation that all of Recreation will soon begin to use a software system for these functions, we will need to have computer equipment at this location. Staff did not request a computer in the FY 06-07 budget, which makes it necessary to request Board approval now. The cost of a computer is $1300 for a total of $2600. Funds are available in the Aquatics Machinery and Equipment account because of savings from other purchases. EQUIPMENT REQ#: EQ# 07-324 ACCOUNT#: 001-7216-564000-7106 .. AGENDA REQUEST ITEM NO. C-3B ,* DATE: 4-24-07 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson/Parks & Recreation Director SUBMITTED BY: Parks & Recreation/Savannas Recreation Area SUBJECT: Review Camping Fees and Policies - Resolution No. 07-099 BACKGROUND: Staff was asked to review camping fees and policies for the Savannas Recreation Area and determine whether revisions were warranted. Several camping facilities in Brevard, Palm Beach and Broward counties were contacted and/or visited. In most cases, these campgrounds had addressed the issues we were considering. Staff also compared the rates and policies of other camping facilities in St. Lucie and Martin counties. After compiling this information, staff is recommending consolidating county resident and nonresident fees, increase some of the camping fees and amend the policy for length of a stay. The goal is to insure that the Savannas is perceived as a recreational camping facility, available to tourists and others who come to enjoy the surroundings and a camping experience. The Recreation Advisory Board reviewed and approved these recommendations on February 21,2007. FUNDS AVAILABLE: No funds are involved in the request. RECOMMENDATION: Staff requests the Board approve Resolution No. 07-099, amending the rates and policies of the Savannas Recreation Area. COMMISSION ACTION: r,-: APPROVED [] DENIED [ ] OTHER: CONCURRENCE: Approved 5-0 County Attorney: 71 ,1 .><t" / //5 '. £,11/ / Review and Accrovals Management & Budget Purchasing: Originating DepL Other: .. , , Parks and Recreation Department Memorandum From: Board of County Commissioners Linda Barton, Assistant Director ¿ff::---- To: Subject: Approval of Agenda Item #C-3B Date: 4/5/2007 Staff was asked to review camping fees and policies for the Savannas Recreation Area and determine whether revisions were warranted. Several camping facilities in Brevard. Palm Beach and Broward counties were contacted and/or visited. In most cases, these campgrounds had addressed the issues we were considering. Staff also compared the rates and policies of other camping facilities in St. Lucie and Martin counties. After compiling this information. staff is recommending consolidating county resident and nonresident fees, increase some of the camping fees and amend the policy for length of a stay. The goal is to insure that the Savannas is perceived as a recreational camping facility. available to tourists and others who come to enjoy the surroundings and a camping experience. The Recreation Advisory Board reviewed and approved these recommendations on February 21.2007. Staff requests the Board approve Resolution No. 07-099, amending the rates and policies of the Savannas Recreation Area. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny. Assistant County Administrator Chron File , RESOLUTION NO. 07-099 A RESOLUTION AMENDING RESOLUTION NO. 01-156 (WHICH AMENDED THE CURRENT FEES AND POLICIES FOR THE SAVANNAS RECREATION AREA IN ST. LUCIE COUNTY, FLORIDA) BY AMENDING THE RATES AND CAMPING RULES AND REGULATIONS FOR THE SAVANNAS RECREATION AREA IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida. has made the following determinations: 1. In 1996, in order to improve the financial operation of the Savannas Recreation Area. the then Leisure Services Department created a five year fee adjustment and improvement plan. 2. On October 22, 1996. this Board adopted Resolution No. 96-310 which approved new and revised fees and charges for the first year of the five year plan. 3. On September 23, 1997, this Board adopted Resolution No. 97-154 which approved new and revised fees and charges previously established for the Savannas Recreation Area for the second year of the five year plan. 4. On September 22, 1998. this Board adopted Resolution No. 98-238, which increased the camping fees for the remaining three years of the established five year plan through Fiscal Year 2000-2001. 5. On July 11. 2000, this Board adopted Resolution No. 00-152 which froze the fees for the Savannas Recreation Area until a revised rate structure was recommended to the Board of County Commissioners and adopted accordingly. 6. On June 25, 2001, this Board adopted Resolution No. 01-156 which amended the current fees and policies for the Savannas Recreation Area in St. Lucie County, Florida. 7. In order to compensate for the cost of doing business. the Board has determined that certain changes to the current fees and policies are warranted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The current fees and policies for the Savannas Recreation Area are hereby amended as indicated in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof. 2. The proposed Rates and Camping Rules and Regulations shall become effective on May 1, 2007. 3. In all other respects Resolution No. 01-156 shall remain in full force and effect. After motion and second the vote on this resolution was as follows: Chairman Chris Craft xx Vice-Chairman Joseph E. Smith xx Commissioner Paula A. Lewis xx Commissioner Doug Coward xx Commissioner Charles Grande xx PASSED AND DULY ADOPTED this 24th day of April. 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY EXHIBIT "BOI "I -~- 1" "SAVANNAS/Ø ..'RECREATION AREA. St. Lucie County Parks and Recreation Department Savannas Recreation Area The St. Lucie County Parks and Recreation Department welcomes you to the Savannas Recreation Area, an outdoor recreation area providing camping, canoeing, fishing, and picnic facilities. For the enjoyment of all our guests, we ask that the following rules and regulations be observed: Campqround Occupancv: Six people may occupy a campsite. RV campers may reserve a campsite for a maximum stay of (2) 50-day stays or 120 days in a 12-month period. Tent campers may reserve a campsite for a maximum of 14 days and must be outside the campground for 3 days before returning and may only stay a maximum of 28 days in a 6-month period. The Savannas is for recreational camping, and Residential campinQ is prohibited. Check out time is 12pm daily, Campers wishing to register for additional lengths of stay must re-register and pay site fees by 12pm. Extension of check out time may result in an additional fee of one day's charge. Fees: Site fees must be kept current, and fees for additional camping time must be paid no later than 12pm. Fee discounts are available May through November. Please consult the Reservation and Fee information sheet. Campers: Campers will be held responsible for any damage done to park properties, vegetation, or facilities by their family members, guests, or pets. Management reserves the right to remove any camper who fails to pay rent when due or who willfully violates the park's rules and regulations. Any personal items left by campers will be stored for 30 days then discarded, RV's left by owners that have checked out will be towed at the owner's expense Alcoholic Beveraaes: County Ordinance 82-10 prohibits the consumption of alcoholic beverages in the park. Units per Site: One camping unit is permitted per site. Campers may park 2 vehicles at their site. Guests' vehicles are only allowed in permitted spaces. A small pup style tent for children's sleeping arrangements or a screen room is permitted. Camping units must be clean and in good repair. Items draped over tents such as tarps or clothing is prohibited. Campsite Facilities: Most sites are supplied with picnic tables, grills and/or fire rings, electrical and water hookups. Some sites have sewer hookups; these require the sewer "donuts". Campsites are provided with backflow prevention on each water spigot, please do not remove these, they are required by State Law. Only UL approved electrical cords should be used. Wastewater Disposal: In accordance with Florida Law, Chapter 10/d-26, all wastewater must go into a holding tank or sanitary sewer. Campsite Requirements: County and State regulations mandate that each site be kept neat. No appliances, clotheslines, or interior furniture should be outside the camping unit. Only furniture specifically designed for outdoor use is allowed to be outside of your RV. No outside storage is permitted, around or under camping unit. No dumping of grey or black water is permitted unless you are hooked up to a sewer dump. State regulations require a "donut" on sewer hookups. No grills are to be placed on the picnic tables. Ground fires are only permitted in the fire rings at designated sites. Only charcoal is to be burned in the grills. Only UL approved cords are to be used to hook camping units up to the electrical. Condition of Vehicles: Camping units must be free of holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay. Any camping unit that poses a health or safety hazard to the patrons or staff of the park will not be permitted to stay. All motor vehicles must have current license plate and registration. No noisy cars, trucks, or motorcycles are allowed in the area. Motorcycles and mini-bikes are to be used for the express purpose of transportation and not to be ridden around the recreation area or the lakes. No overhauling or repairing of cars, boats, motors, etc. may be done in the park. Any leaks will be cleaned up at the owner's expense. Laundry Facilities: Washers and dryers are available and we ask that campers not use trees, shrubs, hoses, lavatories, or sinks for this purpose. No laundry lines are allowed. Pets: Campers are permitted to bring 2 domestic pets (defined by city ordinance) per unit. They must be kept on a standard leash, 6-8 feet, and cannot be staked out on a campsite or left unattended, Pets need a license, collar, and must be properly vaccinated; in addition an owner's nametag is suggested. They are not permitted around restrooms, or recreation lakes, Owners are responsible for cleaning up after their pets and for their actions at all times. Refuse: All refuse is to be placed in containers provided in the camping areas, or in the dumpster by the sanitary dump station. Campers should maintain an orderly and clean campsite. Minor Children: An adult must accompany all minor children at all times while at the Savannas. Parents or an adult must assume responsibility for small children when using restrooms and other facilities. Quiet Hour: 10pm-8am; all guests should refrain from any unnecessary noise. All guests not registered for over~ight camping must vacate the area prior to 10pm. Any problems occurring during this time should be reported to the resident attendant located in the mobile home on the property. Highlighted areas are added. GtnJek through areas are deleted. Personal Property: The Savannas Recreation Area is not responsible for lost, stolen, or damaged personal items, Golf Ball Damaqe: The Savannas Recreation Area and St. Lucie County are not responsible for damage, losses, claims, expenses, or injury resulting from golf balls that stray into the Area from the adjoining golf course. Tropical Storms. Tornadoes, and Hurricanes: In the event that severe weather conditions are predicted, campers may be asked to leave the campground for the duration of the emergency. Rules Violations: Violations of these rules and regulations and of Federal, State, and County laws and legal ordinances, or generally antisocial behavior, drunkenness, profanity, immoral conduct and disruptive noises will result in expulsion from the park. Patrons who engage in violent behavior will be evicted without notice. Highlighted areas are added. Strue;l( tRr6ugh areas are deleted. (..J -<.. -0 -0 š:: š:: T ~ 11 -i 0 ß ß 0 0 §, ß ::J. 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(,) ~ 0 01 Z 0 '" ...¡ 00 OJ 0 (,) Cìì ~ ); 0 ~ 00 0 N 0 0 CD 0 0 ~ ;:¡. 0 0 0 0 0 0 0 0 (o't (o't ~ ~ (o't (o't ~ ~ '" '" '" 0 01 0 0 z z '" 0 0 ~ Cìì ~ 0 0 ); ); 0 0 0 0 CD 5 ;:¡. 0 0 0 0 0 0 0 0 (o't (ß ~ ~ (o't r ~ ~ ~ ~ '" .þ. 0 01 0 0 OJ '" <0 00 ~ 01 èn ~ 0 0 '" 0 Co 0 0 0 !II 0 0 0 0 0 0 ~ ;:¡. 0 0 0 0 0 0 o ~. -< CJ CD III en o Z :J o ;c :J III h (i) o en c: :J -< 0 0 c: 0 ::¡ c: CD :J ;:¡. -< Z 0 :J en to:I !II :>< III ;I; en 0 H Z :J tJ; ;c H 0 ~ :J III 0 ¡¡j (¡ 0 ~ c: ::J -< \J a "0 o en CD C. ~ CJ o :R III en 3 g \J .., 0 "0 0 en CD C. ~ Z 0 0 :J III en 3 CD CD OJ en iiJ 0 ::J ;c OJ ¡¡; en AGENDA REQUEST ITEM NO. C-3C DATE: 4-24-07 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: Board of County Commissioners PRESENTED BY: Debbie Brisson, Director SUBMITTED BY: Parks & Recreation/Sports and Athletics SUBJECT: Equipment Request 07-327 BACKGROUND: Staff is requesting approval of an Equipment Request to purchase an ice machine for a concession stand at the Lawnwood Sports Complex baseball fields. This is a replacement of one that has been determined to be contaminated and not able to be repaired. We are able to reuse the bin portion of the ice machine, so we are replacing just the ice making (freezing) mechanism. The cost is $1999. Because this was not an approved item in this year's budget, Board action is needed at this time. Funds are available from savings resulting from other purchases. FUNDS AVAilABLE: 001-7216-564000-7103 (Recreation, Sports and Athletics, Machinery and Equipment.) RECOMMENDATION: Staff requests the Board approve Equipment Request 07- 327 for purchase of a replacement ice machine in the amount of $1999 for the Lawnwood Sports Complex baseball concessions stand. COMMISSION ACTION: CONCURRENCE: ~APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: Management & Bud rovals Originating Dept. ,Vt ((t;\J~ Purchasing: IE", Other: ; Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton. Assistant Director Subject: Approval of Agenda Item #C-3C Date: 4/16/2007 Staff is requesting approval of an Equipment Request to purchase an ice machine for a concession stand at the Lawnwood Sports Complex baseball fields. This is a replacement of one that has been determined to be contaminated and not able to be repaired. We are able to reuse the bin portion of the ice machine, so we are replacing just the ice making (freezing) mechanism. The cost is $1999. Because this was not an approved item in this year's budget, Board action is needed at this time. Funds are available from savings resulting from other purchases. Staff requests the Board approve Equipment Request 07- 327 for purchase of a replacement ice machine in the amount of $1999 for the Lawnwood Sports Complex baseball concessions stand. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: Parks and Recreation RECOMMENDED: X YES NO REVISED JUSTIFICATION: Staff is requesting approval to purchase an ice machine for a concession stand at the Lawnwood Sports Complex baseball fields. This is a replacement of one that has been determined to be contaminated and not able to be repaired. We are able to reuse the bin portion of the ice machine, so we are replacing just the ice making (freezing) mechanism. The cost for the part is $1999.00 Because this was not an approved item in this year's budget, Board action is needed at this time. Funds are available from savings resulting from other purchases. EQUIPMENT REQ#: EQ# 07-327 ACCOUNT#: 001-7216-564000-7103 ," ANITATION We ve made it simple to clean ," AVINGS Tne perfect balance of power and efficiency ,~ OUND Deslglwd to rllll wnlsper-qulet ~"" ERVICEABILlTY Easy access means iess downtime S-Series 422 Ice Cube Machine * '* Manltowoc S-Series 422 Ice Machine on B-420 Bin · Up to 450 Ibs, (204 kgs,) dally ice production · Only 22" (5588 crn) wide · Removable water distrlbutioll tube with no tools · FJod zone eJesigned with soft, roulld, cove corners · Patented cleaning and sanitizing teclìnology · Select components made witn AlphaSan antimicrobial · HlIlged front door for easy access · Warranty 5-year parts and 5-year labor coverage all Ice maclllne evapor2tor 5-year parts and 3-year labor coverage on ice machine compressor 3-year parts-and-labor coveragE: on all other Ice 1ìì3ctline, diSpe!lSel and storage bin compoilents m, ISO 900:2000 (*r; Qua;!r) Svsrem ~ Certified America's #1 Selling Ice Machine c FL'u</~...r""c~ G,U<J/J T-6 Fort Pierce Tropic Supply. Inc. 903 South Market Avenue Fort Pierce FL 34982 772-465-4707 772-465-3327 Fax Print - 00 ************************ QUOTATION ************************ Page 1 Sold To: St Lucie Bd of County Comm. Finance-Accts Payable 2300 Virgina Avenue Fort Pierce FL 34983 Ship To: St Lucie Bd of County Comm. Finance-Accts Payable 2300 Virgina Avenue Fort Pierce FL 34983 Date 4/12/07 Co/Cust No 01/0001382322 Order No F62C6/00 Slsrep NORBERT Ship Via Sal P.O. No: Tennis court Park/Rec Item NUmber/Description -------------------------------------------------------------------------------- Qty Ordered U/M Price Total -------------------------------------------------------------------------------- SD-0452A-161 Manitowoc Ice Machine 115/60/1 Manitowoc 1 EA 1.990.00 EA 1,990.00 Subtotal Sales Tax Order Total Deposit Amt Due 1,990.00 1,990.00 1.990.00 * COMPLETE * Total Line Items 1 This Quotation Expires 04/30/07 AGENDA REQUEST ITEM NO. C-3D DATE:4-24-07 REGULAR [] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson/Parks & Recreation Director SUBMITTED BY: Parks & Recreation/Administration SUBJECT: Recreation Software Contract BACKGROUND: Staff is requesting approval of a contract with Active Network, Inc. for procurement of a full- featured recreation software system that will allow the department to automate and streamline our operations and start a data base on our customers. Users of the department will be able to partake of program information and registration at their convenience and reserve facilities without having to physically visit the facility. By creating a data base, we can determine where our customers are located and where we may need to develop more programs. Reports will tell us levels of participation and help identify revenues in relation to costs and enable us to make better decisions on future activities and services. After researching the alternatives in software systems, staff has concluded that Active Network Inc. best meets the needs of the department. It is considered to be the industry leader in recreation software solutions companies. The Purchasing Director has concurred that sole source designation is appropriate and Board approval is requested at this time. The initial hardware and training costs are estimated to be $24,288. costs will be passed along to users. Some of the FUNDS AVAILABLE: 001-72101-551200-700 (Parks and Recreation, Administration, Equipment Less Than $1000) and 001-72101-534000-700 (Parks and Recreation, Administration, Other Contractual Services) RECOMMENDATION: Staff requests the Board approve the contract with Active Network, Inc. for a recreation software system for the Parks and Recreation Department, including sole source designation. Authorize the Chairman to sign the contract as approved by the County Attorney. COMMISSION ACTION: (-{ Caun'Y A"arneY'~ Originating Dept. Management & Budget [~ [ ] APPROVED OTHER: DENIED Approved 5-0 Purchasing :~ Other: Parks & Recreation Department MEMORANDUM DATE: April 16, 2007 TO: FROM: Board of County commiSSiRnr Debbie Brisson, Director ltV·/' RE: Recreation Software For the past six months staff has been working with Finance, IT and Purchasing in order to locate a full-featured recreation software that can interface with Banner. Our research has led us to Active Network, Inc., considered to be the industry-leading recreation software solutions company. Active Network software will allow us to automate SLC parks and recreation management. It will streamline our operations by centralizing all of our data. It will consolidate our reports and allow information to flow efficiently and more timely to the Finance Department and reduce staff time. It offers the very best customer service from the convenience of around-the-clock access to register for programs and reserve facilities via the Internet. Staff is requesting approval to execute the attached Hosted Global Services Agreement and the 3rd Party Hardware/Software Agreement with Active Network, Inc. as approved by legal. Funds are available in Parks & Recreation Administration (72101) Equipment Less than $1,000 (551200) and Other Contracted Services (534000). Should you have any questions, or need additional information please do not hesitate to contact me. Attachments Cc: Doug Anderson, County Administrator R. Wazny, Assistant County Administrator v LINE-TO-LINE TRANSFER REQUEST DEPARTMENT: Parks & Recreation 4/11/07 ACCOUNT OMB ACCOUNT NUMBER ACCOUNT NAME 1 BALANCE VERIFY TO: 001-72101-551200-700 Equipment < $1000.00 $14,488.00 $0 .$0 001-72101-534000- 700 Other Contractual Services $9,800.00 $3,376 $331ø FROM 001-72101-512000-700 Salaries $24,288.00 $210,554 ~.2'O)SS';¿ $24,288.00 REASON FOR TRANSFER: Funds necessary for new financial reportinQ software and hardware. CONTACT PERSON: Julie Zicarelli, Sr. Account~pJt PHONE #: 1513 DEPARTMENTAL APPROVAL: Debra Brisson.4'ector fvJ/)t,vr--- OMBJ &( rÛJ.~// ADMINISTRATION APPROVAL: \J L'U /' , / / , OMB NOTES: $24,288 INPUT DATE: INPUT BY: LlNE-TO-LlNE TRANSFER #: DOCUMENT #: ~/. Active Network Web Based Recreation Software Hardware Accessories QTY Unit Price Total Locations APG Series 4000 Cash Drawer 8 $223,00 $1,784.00 Ithaca 93 Serial Receipt Printer 8 $788.00 $6,304.00 Ravenswood, Open Space, ELO 15" LCD ACCUTOUCH Touch Paradise Park & Lakwood Screen Monitor w/lntegrated Park Pools, Sports & Magstripe 8 $745,00 $5,960,00 Athletics, FPCC, LPCC & Ithaca 2 ply Receipt paper 8 $55.00 $440,00 Savannas Total Hardware Accessories $14,488.00 Onsite Training & Expenses $8,800,00 Finance Link $1,000.00 Total Training & Finance Link $9,800.00 ~ n = I ~ ..... ~ ~ =:0 .. "" õ Qj -< 3' ~ " ~ 5' " '" n iõ '" < ~ ~. ~s. 0.3 c.'" !!¡ 3 ~i g: .. 5:T 2 ~. ::::J :iï '" ;; 3 ¡¡ !:~ 3 " " ~ ;<'0. ~;. 3" i!. '" ~ n " " -5 ~ " n ~. g' 3" ... i ;t .a a i: ¡ :r .. .,¡.. 3" g'" ~ a ii g ~ f~ ~CI ~ ~ .. 0. .,¡.. ~ ~ o < 3 ¡r ¡;;-ëT aI :: ~~ .g 5' å. ~ ~ = '" " .. ... '" 1: !3. :;. '" ~ '" " ~ ¡:¡' !!¡ õ ~ ! ::T .. ¡¡¡ ~ 0. " a. ¡:¡' '" 0. " ~ 0. 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ActiveNet is the market-preferred hosted technology for automating parks and recreation management. It helps organizations like yours streamline operations, offer the very best customer service. and maximize community participation. Increase Operational Efficiency Parks and recreation organizations of all sizes use ActiveNet software to streamline administration processes. By reducing manual activities. ActiveNet can minimize overtime. errors. and operating costs. Your front-line teams are more efficient and better equipped to deliver superior customer service. Improve Decision Making ActiveNet centralizes all of your data. You benefit from up-to-the-minute information and insight into operational activities across all departments. Consolidated reports - printed at the click of a button - help you make better. faster decisions so that you can more effectively manage the success of your organization. Maximize Community Participation With ActiveNet, you can easily offer a fully integrated, transaction-enabled website to your customers. They benefit from the convenience of around-the-clock access to your activities and facilities via the Internet. Additional marketing applications - including email.mail. and brochure exporting tools - help you keep customers informed. The result is increased community awareness and participation in your activities and programs. "The Active Network's system has reduced our workload, freed up our staff, and cut expenses. We now have a self-sustaining revenue model. For a small town of 15,000 people, that's pretty significant." - Michael McCarty, Director, Longmeadow Parks and Recreation Save with Hosted Technology ~ Remote web-based access. anytime ~ Low upfront costs ~ No license or maintenance fees ~ Infrastructure fully maintained ~ Quick implementation updates ActiveNet is a full-featured parks and recreation management solution. designed to give your team secure. on-demand access to your organization's data from any computer with an Internet connection. We host and manage your data securely, off-premise, using the latest technology infrastructure. You avoid major upfront investments in computer hardware, software licenses. and web servers. There are no ongoing software maintenance or technical support fees. With our flexible transaction-based pricing model. your only upfront costs are for consulting services. Choose with Confidence ActiveNet offers scalable solutions. You select the specific modules that meet your needs and budget today. You can focus first on the most inefficient processes in your operations and realize immediate savings in high impact areas. Additional solutions can be seamlessly added to meet your growing needs. ~ Activity Registration ~ Facility Reservation ~ Online Public Access ~ Child Care ~ Memberships ~ Point-of-Sale ~ League Scheduling ~ Finance & Accounting ~ Marketing ~ Automated Reporting Over 1.900 community service organizations worldwide trust The Active Network as their technology and marketing partner. You get market-leading software. unlimited support, and a lifetime value protection for your investment with our automatic quarterly upgrades. Automate with ActiveNet today - make a smart partner and technology choice! t- 1.800.661.1196 ~C IVeNETWORK email: communities@active.com www.ActiveCommunities.com ActiveNet Maximize Improve Public Access . ..~~ .&, ''''''.:, ','; Increase active NETWORK Home Page. Customize your Public Access website, with an easy-to-use form. Select your colors. add images, include web links, and tailor the information - no web design experience is necessary. Include a Quick Start page with frequently asked questions to help customers use the Public Access website. "My Account" for Customers. Give your customers a totally personalized Internet service experience. They can use the convenient "My Account" feature to update their profiles, add family members, view their family schedule. print past receipts. change their password. and much more. Fully Integrated. Automatically integrate your public website and administration system. so staff and online customers always have access to the latest information. Online Activity Registration. Make all activities available for Internet registration to increase community participation. Allow customers to search for activities, explore descriptions. view remaining availability, register. complete waivers, and pay by credit card at their convenience. Online Facility Reservation. Increase facility utilization rates by enabling online reservations. Let customers search for facilities by event type. location, region. amenities, and availability. Quickly review requests. approve the reservation, and send confirmation emails to customers. It's easy! Online Memberships. Allow customers to buy and renew memberships and passes on the Public Access site. Assign specific employees to corporate memberships. so they can renew them online. Online League Registration. Give customers the option to register for leagues on the Internet. Players can then view all scheduled games, rain out information, and team standings online. With special login privileges, Officials can use the Public Access website to print team rosters, post final scores, and email game updates to coaches and team players. Online Child Care Scheduling. The easy view Calendar allows customers to see availability and book specific days quickly and easily. All scheduled child care is instantly updated on family calendars, Online Instructor Access. Give instructors online privileges so they can print rosters and attendance sheets from their home or office. Instructors can also use the Public Access email tool to quickly send activity updates to participants. ... -"', ... » ·....1<n17"'" '.......e"..,c.. """" ... 0 ,"'",12'218...., tont';¡Iç,"'yCj, ':mI.3J1 ~, » ",.1ZflU.", Ew~.,,,..CI' ':AJI-iJ' " f",ff.lB.", IiiQZI;JJI » """" ... » T...12f.!76.:JJþII N."""'r_r.\, EœJ.30' ~, » _,I~oDJIfI1 ~.~h.....,...CIr 'Z3I'se ... 0 _,J.6!Mn ,",.ole" j1;a),x;j ... Un",,,,,,, .......llfJJ,·pm Online Activity Screen Management Advantages ~ Increase customer service and satisfaction ~ Maximize community access and participation ~ Eliminate administration for all online transactions ~ Reduce the cost of automation software Staff Benefits ~ View up-to-date customer information ~ Reduce line-ups at peak times ~ Decrease phone inquiries Customer Experiences ~ Around-the-clock access ~ Immediate service without line-ups ~ Personalized online services ~ Up-to-date availability information ~ Quick. secure online payments ~ Automatic email confirmations ~ Historical receipts always available ~ Family calendar of scheduled activities - 1.800.661.1196 , act.VeNETWORK email: communities.C!.active.com ~ www.ActiveCommunities.com ActiveNet Maximize Improve Marketing III :: rea :3 e '.,-- Customer Relationship Management. Centrally track all your customer information, with one view of customers across all sites. Track contact information for individuals and families, including mail and email addresses. phone numbers. and residency status. View past receipts, usage patterns. demographics. and answers to custom questions. Segmentation and Targeting. Automatically assign customers to 'demographic lists' using the integrated custom question tool. Assign 'interest lists' to activities to track customer preferences based on registration patterns. Allow both staff and customers to manage 'subscription lists:Then use the automated list building tool to segment marketing audiences and boost response rates to direct mail and email campaigns. Email Campaigns. Save on printing and mailing costs by sending email campaigns using ActiveNet's popular Marketing Module. Send text or HTML emails with links to your PublicWebsite to increase online participation. Personalize emails with recipient names and automate compliance with CAN-SPAM regulations by using ActiveNet's automatic opt-out mechanism. Save time by storing, scheduling. and reusing email campaigns. Label Tool. Quickly build a customer list and print labels for your direct mail campaigns with ActiveNet's easy-to-use label tool. Catalogue Exporting. Drastically cut down the time it takes to build your catalogues. brochures, and newsletters. and virtually eliminate errors with the Catalogue Export tool. Quickly export specific activity information. including times, facilities. descriptions, and pricing. Select your preferred format: Ascii files (CSV) or camera ready files (RTF). Then quickly import the information into your graphic design program. eMarketing Resource Center. Visit the customer eMarketing Center. which features over 100 marketing best practices and free tactics that can help boost Internet registrations and overall community participation. Resources include a newsletter. guide. sample marketing campaigns. and case studies. Reporting. Use the Transaction Comparison Reports to monitor the effectiveness of marketing campaigns in driving transactions and revenues. Quickly compare online and front desk results before and after campaign launches. Review results for activity registrations, facility reservations. child care services, and membership sales. \1'11-'111011 V Ihl" From Active eMorketlng [eMe.rke Y ,E:jII,ift,dd ,--.'---.---..------.---.-- Subject TaNt :eMe.rkebng News Email Body Type HTML Ma,gs Fjeld' First No.me ¥' «mt y Body T... Included Site Address AU~OrDat.lon 123 Automat.lon Street. Se:!it.tle:, 1IlA. 12345 vy Opt..out Lilt (All subscription lists) Unique Emall Addr... 0 Preview Recipientl ;.;¡ (does not send 8m.iL~ l.:'..: Emailsll.abe. Email Customer Name Format lo.stno.me. Flrstno.me Sand dill" and Um. Dale" ImlTima: Email Content Screen Management Advantages ~ Enhance marketing campaign effectiveness ~ Increase customer communication ~ Maximize community participation Staff Benefits ~ Increase go-to-market campaign speed ~ Increase responses with better targeting ~ Save time and money ~ Reduce errors in catalogues Customer Experiences ~ Regular marketing communication updates ~ Increased awareness of programs and deadlines ~ Improved customer satisfaction t- 1,800.661.1196 'ac .VeNETWORK email: communities(UJactlve.com ~ www.ActiveCommunities.com ActiveNet Maximize Improve Activity Registration Increase Enrol~~-- \,.~ , '-" ":: '\ Activity Management. Manage all activity, event, and program details in ActiveNet. Specify prerequisites. instructors. gender and age restrictions. minimum and maximum capacities. flexible course schedules. registration dates, multiple pricing options. team details. and more. Manage all registrations, withdrawals, and waiting lists. Include custom questions that participants must answer to successfully register for activities. Automate waiver processing. from generation to completion tracking. Payment Processing. Process registrations. transfers, and refunds. Easily print customized receipts. Include multiple enrollments for family members on a single receipt. Accept immediate payment or instalments in cash, check, credit card. or from credit on account. Multiple taxes and fees are automatically applied during registration. Track instructor fees based on enrollments and payments. Customer Relationship Management. Get one central view of customers and their transaction histories across all sites. Track contact information for individuals and families, including mail and email addresses, phone numbers, and their resident/non-resident status. View past receipts. usage patterns at all facilities. and demographic statistics. Quick Rosters. Print waiting lists. rosters. and attendance sheets with just a few clicks. Generate customized roster reports that include participant payment records and contact information. Select from a variety of formats. including MS Excel, Adobe Acrobat. and .html. Multi-Window Activities. Open multiple screens at once. Quickly process a walk-in facility reservation while in the middle of entering a mail-in registration for another customer. Fully Integrated. Automatically reserve facilities as new activities are created in the system. Eliminate duplicate entries and scheduling conflicts, while at the same time reducing user errors. Reporting. Make faster, better-informed decisions using a variety of automated reports. Easily monitor revenues and enrollments for specific activities. categories, customer types. facilities, sites, and General Ledger accounts. Speed up end-of-day cash reconciliation with the Daily Close Report. Integrate your ActiveNet data with your accounting systems. using the customized file export function. Actlvhy: " '-"-'~!~1'¡'.Ifi_'_ ,_.:¡';'}fr M3404.101 ::::::::::,~ I Customer:~.fuæ.:';ili 937 Enterprise Dr FutureVllle CA 98755 Geographl~ Area: Central FutureVille Resident: Yes; Age: 38 rears 11 months E)(lernaIIO: 154578792 Felts JI,III,I, ' p, " 11111U1I 1 ~tIUlII.. ^ll>lll 0 Activity Fee 100.00 10000 ~ Ingredients Extra Fee 5000 5000 0 Late Registration Penalty 1000 Se... Reque.ad AdivltyTot.. T.. Toto! "7.T¡.;r,ll'~' 58181:1 from standard notes andlor add your own notes Enrollment Fees Screen Management Advantages ~ Centralize your database ~ Automate reporting ~ Compare data across sites ~ Make faster. better informed decisions ~ Increase staff productivity ~ Mitigate cash handling errors and fraud Staff Benefits . View up-to-date activity information and availability ~ Eliminate overbookings ~ Support additional payment options ~ Speed up daily cash reconciliation ~ Automate facility bookings for activities Customer Experiences ~ Faster service. shorter line-ups ~ Print and email options for receipts ~ Reprinting of historical receipts ~ Up-to-date personal information at all sites t- 1.800.661.1196 ,ac "VeNETWORK email: communities@active.com ~ www.ActiveCommunities.com ActiveNet Maximize Improve Facility Reservation Increase Facility Management. For each facility, define your hours of operation. allowable reservation periods. required preparation times, and amenities. Administer facility capacity controls by setting minimum and maximum capacities. Set specific deposit and pricing details with ActiveNet's flexible charge options. Process reservations requiring multiple approvals from within your organization or permits from third-party organizations, with automated email and web approval tools. Easy Search. Look for desired facilities by name, type, amenities. site, geographic location. and more. Find suitable facilities quickly and easily. Calendar View. Use the Scheduling Calendar to view existing reservations and arrange new ones with a simple "point and click:' Configure the Scheduling Calendar to view up to six facilities at once by day, week. or month. Quick Reserve. Speed up bookings with the Quick Reserve screen, which displays facility groupings and availability for easy selection. Facility Overlaps. Manage all facilities. including those that 'overlap' (such as a soccer field that overlaps with the outfield area of a ball field) - eliminating any chance of double bookings. Payment Processing. Track reservations. deposits. payments. and refunds. Quickly create receipts for stand-alone, continuous, or multiple bookings. Accept immediate payment or instalments in cash, check. credit card. and from credit on account. Multiple taxes and fees are automatically applied during the reservation process. Holidays. Set 'global' skip days, such as New Year's Day - preventing reservations for sessions or events on dates designated as skip days. Fully Integrated. Automate integration of activity and facility transactions. Facility Reservation integrates seamlessly with Activity Registration and Memberships, so information entered into ActiveNet is automatically updated in all related functional areas. Reporting. Use a variety of automated reports available at the click of a button. Review all booking details. event information, contacts. permit numbers. and attendance numbers with the Reservation Master Report. Improve utilization planning and maintenance scheduling with the Facility Utilization report. Integrate your ActiveNet data with your accounting systems. using the customized file export function. -mr::r;¡h". Facili1y G(OUP MeebF'lg Rooms v Reurwadan Data Mor 23. 2006 Time Range 8:00 AM In to 1QOOPM GridlnClemut 60 (minulas) "'.m:rJI"·"""',"mn~ 'm1F'T:nnì'l~' ~JI_.ltl, Reference DrOp-ln D.lstcmer ... N~.Jd§l:!H!!"Q~ Co_ .. ~ ~ M..SingRoomA r/ " '" tI' '" tI tI tI tI rI tI r/ tI' wi M881lngRcom8 C II" tI' tI' = 0 == 0 :J 0:] COO Mell1ingRoomC C 0 C C j t/ rI "" ;=::1 0 0 C [l C MlJlt..PurposaRoom E C 0 C ....... = 0 C 0 :J 0 :J C tI := Mijlb-Purpo8lRoom NeD C L 0 0 ~ 0 0 0 0 0 II C MUlli.PurposaRoomS COD C t/ 0 = 0 ù 0 C] C 0 C Multi-Purpose Room W!"®j 0 C n C 0 ;.-:::: [} LJ 0 [] C [J C CCI3:II:I .:r.'I1J.~~.11T't.'IO~ Quick Reserve Screen Management Advantages ~ Improve facility and asset management ~ Increase utilization rates ~ Reduce third-party permit risk ~ Automate reporting ~ Improve AIR management ~ Set flexible pricing structures ~ Improve maintenance management Staff Benefits ~ Identify suitable facilities quickly ~ View calendars for availability ~ Save time with Quick Reserve ~ Prevent double bookings ~ Automate permit processing ~ Support additional payment options Customer Experiences ~ Quicker reservation turnaround ~ Print or email options for receipts ~ Easier permit approval process .. - 1,800.661.1196 I aCa"VeNETWORK email: communitles.aJactive.com ~ www.ÄctiveCommunlties.com ActiveNet Maxim ze Improve Membership i ___Ii î .-3.~ .~ Increase .. . .':"1 Package Management. Create and sell various types of memberships and passes, with flexible pricing options. Set memberships to be time- specific. with allowances for day-of-week and time-of-day validation. Or manage computerized "punch card" passes that are usage-specific. limiting the total number of visits. Control access to facilities like gyms, pools, and other check-in points by specifying entry point access for each type of package or pass. Payment Processing. Automate pass sales, refunds, transfers. and renewals. Accept immediate payment or instalments in cash, check, credit card, or from credit on account. Taxes and fees are automatically applied. Set packages for automatic renewal with credit card payment - and significantly increase membership retention rates. Membership & Pass Cards. (Optional) After a pass sale. quickly take the customer's photo and generate a pass specific to his or her membership package and customer account. Issue multiple cards for family memberships. Just point the camera at the customer and click "Take Photo'; then print the pass. It's easy! Customize the cards for different packages with unique attributes: identifiers (pictures, barcode. magstripe, and pass number). layouts (logo and background images). and content (your organization and customer information). Hardware Integration. Use popular membership management hardware, including mounted or hand-held card magstripe readers or barcode scanners. Access Management. Automate access control. Instantly verify that a pass is valid and view the member information on screen each time a card is swiped or scanned. such as when a member arrives at a facility. If a pass is close to expiration. suspended. or has expired. an alert is provided. Reporting. Produce reports that track revenues by pass type and utilization statistics. Print lists that include contact phone numbers. membership effective and expiry dates. and balances outstanding. Review the Membership Statistics report for current membership data by package category. customer type, site, or area - historical comparisons show changes in active. renewed. expired, withdrawn. transferred, and suspended accounts. W! , --- Adchq ~~:'~ND~~~ \JA~ HolM PttonI; (916) 925·go,r Wan PhoN (916) 925·909fj Barth DMI' .'1. 1969 Age 36 ,''''S 9 months Gondø _ ~nhèpaOftrhtsPtt=tl - -- --- -- - - -- I I. ~ , I " I 'I ~. " I I I I' (" ~hip. Adult Single ..... Mar 21 2007 No limit t~A No enh'y point cOfIflgUflld'or thil worQq¡rton FarnlWlBb.,vÞmlttvdinJ sKond, Stop Countdown ~ DoNOTL.... I S.hW..J)I_'!\JIDbtill!0 Show 'nh.. ',~Id ml!mhi!f'1';n ~s Pass Validation Screen Management Advantages ~ Increase membership retention rates ~ Automate reporting ~ Improve AIR management ~ Track usage statistics for all sites Staff Benefits ~ Automate computerized pass production ~ Review validation on-screen ~ Track punch/visit accurately ~ Receive automatic expiration alerts Customer Experiences ~ Personalized. durable cards ~ Faster facility entry process ~ Notice of approaching expiration ~ Auto renewal with credit card ~ Fast reprint of lost cards - 1.800.661.1196 ,. active NETWORK email: communities(9.active.com ~ www.ActiveCommunlties.com ActiveNet Maximize Improve League Scheduling t ., ~ ¡~ J '~^l,\~' II .a ,,; '~: ..,~ ",'; ,."t'" , "'-~ ~ Increase ~. .... -- League Management. Configure your exact league structure, including all parent and child leagues. Customize league names, descriptions, start and end dates, no-play dates. league types. Officials, and facilities for each league. Coordinate league schedules using the Manage Schedule calendar, which displays information on dates. times. and game sites. Automatically balance league schedules based on multiple parameters including time. week. day of week. and game site. Specify maximum number of games per day and week. Game Management. Schedule. swap, or delete games. Assign players to each team and teams to each game. When a date is modified, the specified game site is automatically reserved; validation rules automatically prevent site and team conflicts. Use the Game. Time. and Site Distribution screens to view all games for each team. with number of home and away games. timeslots. and game sites. Quickly allocate games evenly across teams using the Team vs. Team Distribution screen. Track all game results including: home team scores, away team scores. tied game notes. and postponed game notes. Officials Management. Administer all Official information in ActiveNet, including all contact coordinates. Create a mailing list to support quick email communication of updates to all Officials. Use the Officials Schedule report to view the games calendar. which includes dates. times, and sites for each Official. Fully Integrated. Automate the entire league management process. while preventing duplicate entries and scheduling conflicts by using ActiveNet League Scheduling. which is fully integrated with Activity Registration and Facility Reservation. Reporting. Track activities by league type. name, schedule. team. and Official. Review pairings. game sites. dates, and times for leagues and teams with the League andTeam Schedule reports. Use the League Standings report. which ranks teams by their standings and includes team statistics. Quickly print team rosters with player names, addresses. phone numbers. and age data. r:~IlC_!JI".I.~'t!l9~af-t!.o !)~.dlluot J.;),t.lrjto:!u' lI'jI>11IIT1r.lï'il':1I:., l..gll. N.m. Soltballlal!guø Parant ,., I i I I I I I i I I i I Stan Date Mey 1 J. ZDDZ !IW End Oil18 Aug 2. 2002 [WJ l..su. Typ. AClul1 '" Ranking Typ. Win Los$ Perc:entage t'lormal 'V' COIftpl..tlO s... T..... By Rilnk i::,J Minl.II'" PIaye.. P., T..m 8 1II..lmum Play.,. PerT..m 1[1 ....,., 1!TI!r;T':1:U;'\;¡'I,\-- o Shew l..gll8 OnUn. o MUll Login B.fare S.. lugue Oalails Online o Shew Stal'lcUnp 0.110. L] Show Tum Play... Online Change League Screen Management Advantages ~ Automate registration process ~ Do away with league calendar books ~ Automate reporting Staff Benefits ~ Reuse league information each year ~ Create and modify schedules quickly ~ Eliminate team and site conflicts ~ Automate Official schedule reporting Customer Experiences ~ More professional league management ~ Faster registration process ~ Timely email updates of schedule changes t- 1.800.661.1196 ,_ ac ..ve NETWORK email: communities@active.com \:..--- www.ActiveCommunities.com ActiveNet Maximize Improve Point-of-Sale -, ac IveNETWORK '- ,¿ Custom Configuration. Customize your interface designs by quickly configuring unlimited buttons and screen layouts for different sites. Set-up buttons for a variety of products. services. and charges, including drop-in activities, gift certificates. food and apparel items. as well as sales tax computations. Easy to Use. Improve efficiency and customer service with this cashier- friendly system. Group buttons by product category and use color coding to make your pas environment easy to learn. Pre-set prices and quantities for popular items to make service more efficient and billing more accurate. Use an intuitive touch screen or point-and-click hardware to speed up transactions. Payment Processing. Save time - orders and sales tax are automatically computed. Configure new pricing or weekly promotions and automatically update all pas interfaces. Accept payment by cash, check. credit card. and credit memo. and quickly print or email itemized receipts. If need be, a transaction can be easily voided. Assign revenues to a generic drop-in customer account or track purchases by specific customer or company. Parents can pre-pay for future child purchases by putting a credit on their account. Send receipts to parents by email as credit balances are used, so they can monitor expenditures. POS Hardware Integration. Use touchscreens, credit card and debit card swipes. cash drawers, and receipt printers to streamline orders. These are fully integrated with your pas system. Reporting. Capture point-of-sale transactions automatically in all financial reports. Track and analyse up-to-date General Ledger account. user. and site specific revenues - so you can make fast, informed management decisions. Speed up daily cash outs with the Daily Close Reports. ~ ,..... ....1-"'""-,,,' L J.,. '. ,_' ..~:'" .. ' ,-"06;,.' , ',',..' '.X..;,¡I) ~~ Increase ...'ªª~¡ ...,;~:-i=~ .. ....... .'- - '- -- Sell Screen Management Advantages ~ Reduce cash handling errors and fraud ~ Integrate transactions with GL accounts ~ Automate reporting ~ Improve AIR management ~ Set and control flexible pricing options ~ Integrate system with accounting Staff Benefits ~ Customize displays ~ Quickly process single button sales ~ Ease cash management ~ Support more payment options ~ Eliminate charge errors ~ Automate sales tax calculations ~ Streamline end-of-day reporting Customer Experiences ~ Quicker purchase transaction times ~ Shorter line-ups ~ Automated tracking of purchases on accounts ~ Credit on accounts eliminates cash carrying ~ Email receipts for purchases t- 1.800.661,1196 ,ac .VeNETWORK email: communitieSl(Vactive.com ~ www.ActiveCommunitles.com acf;veNETWORK Third Party Product Purchase Agreement (Schedule D) This document (the "Agreement"), consisting of: a. the cover pages (referred to collectively as the "Cover Page" if and only if executed as the cover page to the complete Agreement, and otherwise subject to the Terms and Conditions), b, the attached Terms and Conditions of TAN Third Party Product Purchase Agreement ("Terms and Conditions"), and c. any additional purchase order documentation delivered to TAN by the Customer constitutes the entire agreement between the undersigned customer ("Customer") and The Active Network, Inc. ("TAN") whereby, and TAN and the Customer hereby agree that, TAN will provide to the Customer the Third Party Products described in this Agreement, for prices as described in the Third Party Products Table below as modified pursuant to the Terms and Conditions. Any apparent contradiction among this Cover Page, the Terms and Conditions and any additional purchase order documentation delivered to TAN by the Customer is to be resolved by giving priority to the Terms and Conditions, followed by the additional purchase order documentation, and then the Cover Page. Third Party Products Table: Third Party Products Description, Volumes and Prices I·· ................ ·\i. / .... . ···.····.·······Ûnits Unit Price Total Cost . Total Cost: Shipping Details If this page is being provided by the Customer as part of purchase order documentation as described in section 2,2 of the Terms and Conditions, the desired date of receipt of the shipment of Third Party Products referred to herein is: {The remainder of this page is intentionally BLANK} www.activecommunities.com 18006611196 active NETWORK The parties hereto each acknowledge that they have read, understand and agree to be bound by this Agreement, or if this page is delivered by the Customer as purchase order documentation pursuant to section 2.2 of the Terms and Conditions, by the terms of this page as modified by the Agreement. Address for shipment delivery, if other than as shown on left: Full Legal Customer Name Authorized Signatory Address Date Facsimile The Active Network, Inc. Authorized Signatory Date {The remainder of this page is intentionally BLANK} The Active Network, Inc. Page 2 of 5 active NETWORK Terms and Conditions of Third Party Product Purchase Agreement 1. INTERPRETATION 1,1. Definitions - For the purposes of interpreting this Agreement, the following terms will have the following meanings: a) "Agreement" means this The Active Network Inc. Third Party Product Purchase Agreement. b) "TAN" means The Active Network Inc. c) "Customer" means the legal entity other than TAN entering this Agreement. d) "Related Documentation" means any end user specifications, manuals, instructions, and other materials, and any copies of any of the foregoing, in any medium, related to the Third Party Products and supplied by TAN to the Customer with the Third Party Products. e) "Third Party Products" means those hardware, firmware and/or software products, provided to TAN by third parties, listed on the Cover Page, together with all user manuals and other documents accompanying the delivery of the Third Party Products, provided that the Third Party Products shall not include software developed by TAN, o "Third Party Products Table" means the table on the Cover Page, g) "Warranty Period" means, in relation to any particular Third Party Products, the 90 days immediately following delivery of that Third Party Product to the Customer. 1.2, Headings - The headings contained in this Agreement are inserted for convenience and do not form a part of this Agreement and are not intended to interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. 2. PURCHASE AND SALE; SECURITY; DELIVERY 2,1. Purchase Commitment and Price - TAN hereby agrees to sell to Customer, and Customer hereby agrees to purchase from TAN, the Third Party Products listed in the Third Party Products Table in the volumes and at the prices described therein, subject to these Terms and Conditions. 2,2. Delivery - TAN will ship all or any part of the Third Party Products to the Customer as soon as reasonably possible (or, if the below-described purchase order documentation does not seek immediate shipping, at the time TAN considers reasonable in order to meet the desired delivery date described) after receipt by TAN, and acceptance of the terms thereof by TAN, of a purchase order from the Customer specifying the particular Third Party Products sought, the number of such Third Party Products sought, the price payable therefore, and the desired date and location of delivery. Any such purchase order must, at a minimum, include a page, in the form of the Cover Page, modified to indicate the information described above relating to the particular shipment, executed by the Customer, In any case, all shipments are F,O.B, Shipping Point. 2,3. Changes by Customer to Delivery Schedule - Following delivery by the Customer of any purchase order documentation described in section 2,2, no changes by the Customer to the shipment schedule described therein will be permitted unless TAN is notified thereof in ~riting at least ninety (90) days in advance of the delivery date sought In such purchase order documentation. 2.4, Acceptance of Purchase Orders - Purchase orders delivered by the Customer to TAN pursuant to are not binding upon TAN until The Active Network, Inc, accepted by TAN in writing. In any case, despite any indication to the contrary contained in any such purchase order documentation, no terms or conditions on purchase order documentation issued by the Customer, other than the information required pursuant to section 2,2, will be binding upon TAN, nor will any such terms or conditions modify or supplement this Agreement in any way, notwithstanding the fact that TAN may accept or otherwise approve such purchase orders. TAN reserves the right to refuse any such purchase order for any reason not contrary to this Agreement, including without limitation pricing differences as described in section 3,2, 2,5, Additional Third Party Products - The Customer may purchase Third Party Products in addition to those listed in the Third Party Products Table by issuing additional purchase order documentation as described herein, provided that the supply (or non-supply) of such additional Third Party Products will be subject to this Agreement as though such additional Third Party Products had been included in the Third Party Products Table on the date of execution of the Cover Page subject to: 2,6. the price for such additional Third Party Products being subject to agreement between the parties each in their own absolute discretion, and a) TAN having a right to discontinue delivery of such additional Third Party Products upon at least ninety (90) days written notice to the Customer without any liability to the Customer whatsoever for such discontinuance, 2,7. Charge On/Security Interest in Third Party Products - TAN shall have a charge against! security interest in all Third Party Products, and all proceeds arising therefrom, until Customer has paid TAN in full for al/ amounts owing from Customer to TAN in connection with the particular shipment of which any Third Party Products form a part. Customer shall execute or cause to be executed all instruments and do or cause to be done all acts that TAN, acting reasonably, requires to effect, perfect, register or record such charges/security interests, In the event of default in payment or other breach by Customer, TAN shall, in addition to all other rights afforded by law, have all of the rights and remedies of a secured creditor under the Personal Property Security Act of the jurisdiction in which the Third Party Products is situate or Article Nine of the Uniform Commercial Code as applicable. ' 3. CHARGES AND PAYMENTS 3,1, Prices - The pricing applicable to Third Party Products is as set out on the Cover Page, as modified under this Agreement. 3.2. Pricing Variability - The Customer acknowledges that: a) the prices described in the Third Party Products Table are applicable for six (6) months after the date of execution hereof ~d ' b) such prices are based upon the Customer taking delivery of the full number of any particular Third Party Product listed in the Third Party Products Table in a single shipment and the Customer hereby agrees that after the expiry of such initial six- m~nth period,. or in case of the Customer seeking, in a particular shipment, delivery of less than all of the Third Party Products of a particu!ar type listed on the Third Party Products Table, the actual prices may be higher. Prior to shipment of any Third Party Products which would be subject to pricing which differs Page 3 of 5 active NETWORK Terms and Conditions of Third Party Product Purchase Agreement from that described on in the Third Party Products Table, TAN will notify the Customer of any such different pricing and the Customer will accept such different pricing, as mutually agreed between the Customer and TAN, in writing, 3,3. Taxes and Other Charges - The Customer will pay all shipping & handling costs and all applicable sales, use, withholding and excise taxes, and any other assessments against the Customer in the nature of taxes, duties or charges however designated on the Third Party Products, on or resulting from this Agreement, exclusive of taxes based on the net income of TAN. 3.4. Currency - All prices shown or otherwise referred to in or in connection with this Agreement are in the currency of the country in which the Customer is located as described on the Cover Page, 3.5. Invoices - TAN will invoice the Customer for applicable amounts upon shipment of any Third Party Products, All invoices are payable within 30 days of receipt thereof, and such receipt is deemed to occur as though such invoices were notices sent pursuant to section 9.3 of the Terms and Conditions unless such invoices physically accompany the shipped Third Party Products in which case receipt is deemed to occur upon the date of actual delivery of such shipment to the Customer. Overdue invoices will bear interest at 1 % per month, 12,68% per annum. 4. PROPRIETARY RIGHTS 4.1. Third Party Proprietary Rights and Indemnity by Customer - The Customer acknowledges that any Third Party Products supplied by TAN hereunder are supplied by TAN as a reseller thereof, and that the Third Party Products are subject to the intellectual property rights of the various third party developers and/or manufacturers thereof, as applicable, including without limitation copyright, trade secret, trademark and patent rights. The Customer will maintain in confidence and not use or disclose any and all confidential business or technical information connected with any Third Party Product except as specifically permitted by a party which has legal control of those rights, and the Customer will defend or settle any claim made or any suit or proceeding brought against TAN insofar as such claim, suit or proceeding is based on an allegation that any Third Party Product provided to the Customer hereunder has been installed, used or otherwise treated by the Customer or any client or customer of the Customer in violation of the proprietary rights of any third party, or on an allegation that the Customer or any client or customer of the Customer has disclosed or used any confidential business or technical information connected with any Third Party Product, provided that TAN will notify the Customer in writing promptly after the claim, suit or proceeding is known to TAN and will give the Customer information and such assistance as is reasonable in the circumstances, The Customer will have sole authority to defend or settle any such claim at the Customer's expense. The Customer will indemnify and hold TAN harmless from and against any and all such claims and will pay all damages and costs finally agreed to be paid in settlement of such claim, suit or proceeding. 4.2, Third Party Products which are Software - The Customer acknowledges that the possession, installation and use of all Third Party Products which are software shall be governed by the terms of the software license(s) of the persons other than TAN who possess the rights to control such possession, installation and use, The Active Network, Inc. 5. SERVICES 5.1, Despite any other provision of this Agreement, TAN is not required to provide any services whatsoever under this Agreement. The Third Party Products are eligible for services to be provided by TAN under separate agreement with TAN, should the Customer wish to acquire such services, 6. WARRANTY 6.1. Warranty - TAN warrants to the Customer that TAN has the right to deliver the Third Party Products subject to any documentation accompanying such Third Party Products at the time of delivery and/or any licensing mechanisms, physical, electronic or otherwise, included in any Third Party Products that are software, 6.2, Warranties Provided by Third Party Suppliers - Third Party Products are warranted by the manufacturers thereof in accordance with the warranty statements accompanying delivery of the Third Party Products, and the Customer agrees that the Customer will rely solely on such Third Party Product warranties and the Customer shall make no claim against TAN on account of any warranty, express or implied, which may apply to any Third Party Product. 7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY 7.1. SPECIFIC EXCLUSION OF OTHER WARRANTIES - THE WARRANTY SET OUT IN SECTION 6,1, AND THE MANUFACTURERS' WARRANTIES, DOCUMENTATION FOR WHICH ACCOMPANIES THE THIRD PARTY PRODUCTS AS DESCRIBED IN 6,2 ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND WHATSOEVER APPLICABLE, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, DURABILITY, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY, WITHOUT LIMITING THE ABOVE, TAN DOES NOT WARRANT THAT ANY THIRD PARTY PRODUCT PROVIDED HEREUNDER WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE OPERATION THEREOF WILL BE FREE FROM INTERRUPTION OR ERRORS, 7,2, NO INDIRECT DAMAGES - WITHOUT LIMITING THE GENERALITY OF SECTIONS 7,1,7.3 OR 7.4, IN NO EVENT WILL TAN BE LIABLE TO THE CUSTOMER OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT OR TORT) (EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING BUT NOT LIMITED TO DAMAGES FOR lOST PROFITS, lOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EXCEPTING lOSS OR DAMAGE FOR PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY RESULTING FROM THE SOLE NEGLIGENCE OF TAN, IN CONNECTION WITH THIRD PARTY PRODUCTS PROVIDED HEREUNDER OR IN ANY OTHER RESPECT RELATING TO THIS AGREEMENT, 7,3. LIMITS ON LIABILITY -DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, IF, FOR ANY REASON, TAN BECOMES LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION Page 4 of 5 active NETWORK Terms and Conditions of Third Party Product Purchase Agreement (IN CONTRACT OR TORT), EXCEPTING LIABILITY FOR PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY, INCURRED IN CONNECTION WITH THIS AGREEMENT, THEN TAN'S ENTIRE LIABILITY AND THE CUSTOMER'S EXCLUSIVE REMEDY WILL BE, AT TAN'S OPTION, TO REPAIR, PROVIDE AN EQUIVALENT REPLACEMENT FOR OR REFUND THE PURCHASE PRICE OF ANY THIRD PARTY PRODUCT WHICH HAS CAUSED THE DAMAGES RESULTING IN SUCH LIABILITY OF TAN WHICH THIRD PARTY PRODUCT IS RETURNED, SHIPPING COSTS PREPAID, PROPERLY PACKAGED WITH THE DULY AUTHORIZED TAN RETURN PERMIT, TO TAN'S DESIGNATED OFFICE DURING THE THIRD PARTY WARRANTY PERIOD, 7.4. THIRD PARTY PRODUCTS MODIFICATION - ANY THIRD PARTY WARRANTY OBLIGATIONS OR ANY TAN WARRANTY OBLIGATIONS HEREUNDER WILL BE VOID IN THE EVENT CUSTOMER MODIFIES THE THIRD PARTY PRODUCT IN QUESTION OR USES ANY ATTACHMENT, FEATURE, OR DEVICE WHICH IS NOT SPECIFIED AS AN APPROVED ATTACHMENT IN THE RELATED DOCUMENTATION FOR THE THIRD PARTY PRODUCT WITHOUT FIRST OBTAINING TAN'S WRITTEN APPROVAL. 7.5. SEPARATE ENFORCEABILITY - SECTIONS 7,1 THROUGH 7.4 ARE TO BE CONSTRUED AS SEPARATE PROVISIONS AND WILL EACH BE INDIVIDUALLY ENFORCEABLE. 8. TERMINATION 8,1. Termination - This Agreement will terminate: a) at the option of either party if the other party materially defaults in the performance or observance of any of its obligations hereunder and fails to remedy the default within 30 days after receiving written notice thereof; and b) without limiting a). at the option of TAN if the Customer breaches section 3 of this Agreement, including without limitation by failure to pay any invoice within 30 days of receipt thereof provided that the right of termination will be in addition to all other rights and remedies available to the parties for breach or default by the other, 8.2, Suspension of Obligations - If either party should default in the performance or observance of any of its obligations hereunder, then, in addition to all other rights and remedies available to the non- defaulting party, the non-defaulting party may suspend performance and observance of any or all its obligations under this Agreement, without liability, until the other party's default is remedied, but this section will not permit the Customer to suspend its obligation to make payments owing in respect of Third Party Products already brought into stock by TAN on account of the Customer having provided TAN with purchase order documentation in relation thereto, In the event this Agrement is terminated by TAN due to a default by Customer, then any license granted to Customer with respect to any Third Party Product shall terminate if full payment for such license is not delivered to TAN within 30 days from the date of termination. 9. GENERAL 9,1. Complete Agreement - This Agreement including all additional purchase order documentation provided by the Customer to TAN and accepted by TAN according to this Agreement constitutes the complete and exclusive statement of the agreement between TAN and the Customer relating to the subject matter hereof, and The Active Network. Inc. supersedes all oral or written proposals, prior agreements and other prior communications between the parties, concerning that subject matter. 9,2, Force Majeure - Dates or times by which either party is required to perform under this Agreement, excepting the payment of any fees or charges due hereunder, will be postponed automatically to the extent that any party is prevented from meeting them by causes (other than inability to pay) beyond its reasonable control. 9.3, Notices - All notices and requests in connection with this Agreement will be given to the respective parties in writing and will be deemed given as of the first business day of the notified party following the day the notice is faxed or sent via overnight courier, providing a hard copy acknowledgment of such successful faxed notice transmission or evidence of such couriering, as applicable, is retained, Notice may also be deposited in the US or Canadian mails (or if the Customer is resident outside US or Canada and is rendering the notice, in the mails of that country), postage pre-paid, certified or registered, return receipt requested, and addressed to the parties as indicated on the face of this Agreement and receipt of any such notice will be deemed to be effective as of the third business day following such deposit. 9.4, Governing Law - This Agreement and performance hereunder will be governed by the laws of the jurisdiction provided in the address of the Customer on the Cover Page excepting in the case of Louisiana when the laws of California will apply, or in the case of Quebec when the laws of Ontario will apply. 9,5. Non-Assignability - This Agreement is not assignable by the Customer. Any assignment, purported assignment or attempt to assign by the Customer will be a material breach of this Agreement and will be void. 9.6, Survival - Sections 4, 7 and 9 of this Agreement will survive termination and expiration of this Agreement. Page 5 of 5 active NETWORK Hosted Global Services Aareement This Hosted Global Services Agreement ("Agreement") is made effective as of April 11, 2007 and entered into between The Active Network, Inc., a Delaware corporation, ("Active" or "we" or "us") and St. Lucie County Parks and Recreation ("you" or "your" or "Agency"). Active agrees to provide you the Services (as defined below) subject to the following terms and conditions: 1. Services. We will provide you with access to a fully-hosted version of Active's hosted product, "the Product", through our website. To assist us in the successful implementation and promotion of the Services, you agree to provide us with certain information requested by us relating to your organization. The Services and the functionalities and features of the Product and related consulting fees are more specifically described in Exhibit 1 attached hereto and made a part hereof. 2. License to Intellectual Property/Promotion, a) Active shall retain all right, title and interest in and to the Product and its software, trademarks, service marks, logo and trade names worldwide ("Intellectual Property") subject to a limited license necessary to perform this Agreement. You shall use the Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, or act or permit action in any way that would impair Active's rights in its Intellectual Property. You acknowledge that your use of the Intellectual Property shall not create in you or any other person any right, title or interest in or to such Intellectual Property. Any goodwill accruing from the use of the Intellectual Property shall inure solely to the benefit of Active. b) Active hereby grants to you a limited, non-exclusive, non-transferable license (i) to use the Product in accordance with Active's specifications, and (ii) to display, reproduce, distribute and transmit in digital form Active's name and logo in connection with promotion of the Services. You hereby grant to Active a limited non-transferable license to use, display, reproduce, distribute, modify and transmit in digital or printed form information provided by you relating to your organization, including your organization's name, trademarks, service marks and logo, in connection with the implementation and promotion of the Services and the promotion of your organization. You will make reasonable efforts to promote and encourage adoption of the Services, including displaying Active's name and logo in any newsletters, printed registration forms or mailings provided by you to prospective participants. 3. Information Security. We will collect information, including names, addresses, credit card information and other information required by you, from individuals registering for your Activities through the Website. Such information shall be stored on a secure remote server, You may access this information at any time by downloading it from our servers using your private password and "login" identifier. If you are unable to access your registrants' information through the event director portion of the Website, upon request we will send such information to you via e-mail, fax or airmail. You will be responsible for protecting the privacy and security of any information that you retrieve from our servers and shall prevent any unauthorized or illegal use or dissemination of such information. All information collected by Active shall be jointly owned by Active and you. 4. Privacv. Each party shall comply with all applicable laws, regulations and guidelines (including each party's privacy policy) governing online privacy in fulfilling its obligations hereunder and in collecting and using personal information about users of the Website. 5. Fees. Transactions entered directly by participants through the Website will be assessed the customary service fee charged by Active to online registrants ("Service Charge"), as described below. Transactions entered by a member of the Agency on behalf of a participant will be assessed a Service Charge equal to 1.5% for cash or check, and 3.75% for credit card transactions. Each online registrant will pay the event registration fee charged by Agency plus a Service Charge equal to 6.5% of the registration fee plus $.50, with a minimum Service Charge of $2.00. If the registration fee is between $150-$500, the Service Charge will be 3.5% plus $5.00, and for fees above $500, the Service Charge will be 2.5% plus $10,00. We may change the Service Charge at any time and you agree to such change unless you provide us with written objection to such change within 30 days from the date such change is first implemented. We will be responsible for collecting all registration fees charged by you and all Service Charges assessed by us. All registration fees, except Service Charges, are your exclusive property. Any registration fees collected by us will be sent to you twice a month and Service Charges shall be retained by us. You shall guarantee and pay to Active a minimum aggregate Service Charge, whether through offline or online transactions, of $750 per calendar quarter (the "Minimum Quarterly Service Charge"). You shall pay to Active the difference between such Minimum Quarterly Service Charge and the actual Service Charges collected by us during such quarter, which will be billed at the end of each quarter beginning from the date set forth below. Active shall not be responsible for processing or making any refunds. All credit card refunds processed will be assessed a $.10 fee charged by Active to you. Active may reimburse itself for any credit card charge backs and associated fees out of registration fees collected by it. In the event such funds are not available, you agree to reimburse Active for any charge backs or refunds, 6. Consultinq Fees, Consulting Fees are more specifically described in Exhibit 1. All fees set forth in this Agreement and in Exhibit 1 will be due within 30 days of invoice date. Each Fee is due on or prior to the 15th day of the first month of the billing period. Any Fees rendered later than this deadline shall accrue interest at the annual rate of 10%. In the event of delay in paying a Fee, you shall reimburse Active for any legal fees incurred by Active in its collection efforts. Page 1 of 3 active NETWORK 7. Disclaimer of Warranty/Limitation of Liability, Active expressly disclaims any warranty that the use of its Intellectual Property or the Services will be uninterrupted or error free or that the specifications will meet your requirements. The Intellectual Property and Services are provided to you on an "AS-IS" basis without warranties of any kind, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. Active shall not be liable for indirect, incidental, consequential, or lost profit damages. Active's total liability under this Agreement is limited to the amount of registration fees retained and not distributed to you and Service Charges collected and retained hereunder. 8. Term and Termination. The term of this Agreement shall be for two (2) years from the date set forth below, with automatic renewals for one (1) year terms thereafter until either party gives written notice to terminate this Agreement no less than ninety (90) days prior to the end of a term. Either party may terminate this Agreement upon a material breach by the other party if such breach is not cured within thirty (30) days following written notice to the breaching party. 9. Representations and Warranties. Each party represents and warrants that it has the necessary and full right, power, authority and capability to enter into this agreement and to perform its obligations hereunder; that it owns or controls the rights granted or licensed to the other party herein; that the execution and performance of its obligations under this Agreement will not violate any known rights of any third party, any contractual commitments or any applicable federal, state and local law or regulation; and that to its knowledge the marks, logos and intellectual property licensed to the other party herein do not violate the proprietary rights of a third party. 10. Exclusivitv Active will be the sole and exclusive provider of the Services for your agency for the term of this Agreement. 11. Indemnification. Each party shall indemnify and hold harmless the other party and its directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, cost and expenses (including reasonable attorneys' fees), to the extent that: (i) it is based upon the indemnitor's breach of a representation, warranty or obligation hereunder; (ii) it arises out of the indemnitor's gross negligence or willful misconduct; or (Hi) it is based upon the indemnitor's violation of any applicable federal, state or local law or regulation. You shall indemnify and hold harmless Active against any claim or cause of action to the extent that it is based on injury to a participant in any of your Activities. 12. Arbitration, Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the American Arbitration Association (AAA) rules then in force and effect. The arbitration, including the rendering of an award, shall take place in San Diego, California. The arbitrator or arbitrators shall apply the substantive law of the State of California. Judgment on the award rendered by the arbitrator or arbitrators may be entered in any court of competent jurisdiction. 13. No Authority to Bind, Neither party shall incur any obligations for or in the name of the other party, or have the authority to bind or obligate the other party. Neither party shall make, issue or authorize any statements (whether or oral or written) in contravention of the foregoing, 14. Miscellaneous. Any notices shall be in writing by fax or airmail. Neither party may assign its rights or obligations arising out of this Agreement without the other party's prior written consent, except that Active may assign this Agreement in connection with any sale of all or substantially all of its assets or any other transaction in which more than fifty percent of its voting securities are transferred. This Agreement shall be governed by the laws of the State of California. This Agreement contains the entire understanding of the parties regarding the subject matter and can only be modified by a subsequent written agreement executed by both parties. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorneys' fees. Sections 2, 7,10,11 and 13 of this Agreement shall survive any termination or expiration of this Agreement. Page 2 of 3 active NETWORK The individuals signing below represent and warrant that they have the power and authority to bind the respective entities that they represent. Full Legal Customer Name Authorized Signatory Date Address Facsimile The Active Network, Inc. Authorized SiQnatorv Date Exhibit 1 Hosted Product: :::J ActiveNet OR 0 Class Hosted Internet Registration Consulting Services Rate per Hour Number of Total Services Hours Cost A. Pre- Project Documentation $125 8 $1,000 B. On-5ite less than 3 days (PLUS AIRFARE) B.Î. Standard Consultants $155 B.ii. Senior Consultant I Proiect Planner $220 B.iii. Technical Specialist $250 C. On Site 3 days or More (PLUS AIRFARE) C.Î. Standard Consultants $150 52 $7,800 C.ii. Senior Consultant I Project Planner $190 C.iii. Technical Specialist $220 D. e-Consulting (REQUIRES INTERNET ACCESS ON EACH PC) D.i. Standard Consultants $100 D.ii. Senior Consultant I Proiect Planner $190 D.iii. Technical Specialist $220 E. Weekend Surcharge * E.Î. Standard Consultants $75 E.ii. Senior Consultant I Project Planner $75 E.iii. Technical Specialist $75 NOTE THA T RA TES SHOWN INCLUDE ALL TRA VEL EXPENSES OTHER Totals 60 $8,800 THAN AIRFARE Page 3 of 3 ., f ITEM NO. 'I DATE: 4/24/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY~ . - TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Department Leo J. Cordeiro. Solid Waste Director SUBJECT: Staff requests approval of EQ07-331 and authorize the purchase of 3 Dell desktop computers with monitors for a total cost of $4,631.40. A new upgrade to the software program that tracks and charges customers for disposal of solid waste is required. Information Technology has advised Solid Waste that the computers currently in use at the Scale House cannot handle the necessary upgrade. BACKGROUND: N/A FUNDS AVAILABLE: 401-3410-564000-300 Machinery & Equipment Funds are available in 401-3410-564000-300 due to EQ07 -254 Pickup Truck purchased at approximately $6,800 under budget. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of EQ07-331 and authorize the purchase of 3 Dell desktop computers with monitors for a total cost of $4,631.40. COMMISSION ACTION: CONCURRENCE: (>1 APPROVED () DENIED ( ) OTHER Approved 5-0 {:,D C CoordInation/Signatures Mgt. & Budget (X) fV\ 1'J\~ Purchasing (X) ~ Other (X) Information TeChnOIOQv(2)Other ( ) County Attorney ( ) Originating Dept. ( ) Finance: (check for copy, only if applicable)_ , PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM FROM: Board of County Commissioners Leo J. Cordeiro /ß Solid Waste Directo~ TO: DATE: 4/18/07 RE: Computers for Scale House Software Upgrade for WasteWorks The software (WasteWorks) used at the Scale House to track and charge customers for garbage disposal requires an upgrade to keep it current. The computers currently used at the Scale House are not able to handle the software upgrade. Information Technology has advised Solid Waste that the upgrade is necessary to correct problems we are currently experiencing with the WasteWorks program. Please call if you have any questions. LJC:dls ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 AGENDA DATE APPROVED: YES NO NO REVISED REVISED DEPARTMENT: DIVISION: SOLID WASTE SOLID WASTE RECOMMENDED: X YES JUSTIFICATION: This request is for a total of 3 computers for the Scale House. The current computers are not capable of handling a necessary upgrade to the WasteWorks system. (WasteWorks is the software used to track and charge customers for garbage disposal.) 3 computers at $$1,543.80 each for a total of $4,643,80. EQUIPMENT REQ#: EQ07-331 ACCOUNT#: 401-3410-564000-300 ,...¡t-'I'<:-lth:::1::J1ð ( 1ð::1: 1::1 - I'<:UIYI : IUõC:::OCI '.J. .së- J!.-- ~.. . -. t!? ....... . .. ~.T~~ Phone: (772)462-1681 Fax: (772)462-1443 BOARD OF COUNTY COMMISSIONERS ST. LUCIE 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Date Quote # 1497 4/18/2007 Manager Initials NafT19/Address SOLID WASTFJLANDFILL Attn: Debbie Scribner QUOTE VALID UNTIL W.O. II REQUESTOR 5/18/2007 90010 Debbie Scribner Description Qty Rate Total DELL DESKTOP COMPUTE~ WI2.0gb RAM, 20" 3 1,543.80 4,631.40 Flat MONITOR, KEYBOARD, MOUSE VENDOR INFORMATION: Den Computers One Dellway, RR2E Box 4 Round Rock, TX 78682 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days UDless otherwise $4,631.40 stated. AUTHORIZED SIGNATURE ,. . ITEM NO. C 5a DATE: Aøril 24. 2007 AGENDA REQUEST SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PRESENTED BY: (~~~Í'-o-~ Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Taylor Creek IC25 Dredging Restoration Project Phase 3. Approval of Amendment 1 to Work Authorization #3 with Dredging and Marine Consultants for Phase 3 Shoreline Stabilization, Permitting Fees. BACKGROUND: Taylor CreeklC25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. In April, 2003, the County submitted permit applications for the entire Taylor Creek Dredging Project. In August, 2003 a decision was made to subdivide the Project into 3 Phases for purposes of permitting and construction. This decision was based upon the complexity of permitting issues and the need to expend grant funds in a timely manner. Currently, Phase 1 of the dredging has been completed. Approximately 100,000 cubic yards of muck sediments have been dredged from the navigation channel, east of the Railroad Bridge. Public Works Staff i$ ready to proceed with Permitting of Phase 3 of the Project, to allow construction to proceed in ~{)Î. The attached Work Authorization No.3 with Dredging and Marine Consultants outlines the work that is necessary to obtain permit approvals for Phase 3, and to prepare plans and specifications for bidding purposes. The attached Amendment #1 covers the cost of permitting application fees for Phase 3. Improvements that are proposed in Phase 3 include: Stabilization of the shoreline and the banks of Taylor Creek at selected locations. Limits of the Project are between the spillway structure and the US Highway 1 Bridge. Several Agencies are partnering with St. Lucie County to accomplish the restoration of Taylor Creek, including South Florida Water Management District (SFWMD), St. John's River Water Management District (SJRWMD), Florida Ports Council, (FSTED), and Florida Inland Navigation District (FIND). FUNDS AVAILABLE: Funds will be made available in FOOT Taylor Creek Restoration Grant, Account No. 140329-4315-546350-4657 -Maintenance Dredging. PREVIOUS ACTION: 319199: Approval of Work Authorization #11 with Williams, Hatfield & Stoner in the amount of 11,000 for preparation of FIND Grant. 514199: Approval of Work Authorization '12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site selection process. 2115100: Approval of Work Authorization #13 with Williams, Hatfield & stoner in the amount of $86,900 for sediment testing and analysis. 3n100: Approval of Work Authorization #14 with Williams, Hatfield & stoner in the amount of $32,200 for a hydrogeologic study of the groundwater at the Seminole property. 511101: Approval of Work Authorization #1 with BCI in the amount of $137,000 for design and pennitting of Taylor Creek Project. 215102: Approval of Work Authorization #2 with Bel in the amount of $33.050 for the Taylor Creek Restoration Dredging Project Shoreline stabilization and Improvements Reach 2. 315102: Approval of Work Authorization t3 with BCI Engineers, Inc. In the amount of $17,500 for cost analysis and grant application preparation and submittal to FIND and SJRWMD. 8122103: PO #2313380 for Arc Surveying for Hydrographic Survey in the amount of $18,500. 8122103: PO #2313388 for Elab for Analytical Services in the amount of $18,894.00.8122103: PO # 2313379 for Scientific Environmental Services for Soil Sampling in the amount of $10.050.00. 9130103: PO #2313589 for Dredging & Marine Consultants. Inc. for Grant Coordination and Pennit Finalization in the amount of $19,990.00. 2104104: Approval of contract with DMC Engineering in the amount of $24,970.00 for preparation of bid documents & specifications. 2117104: Approval of Work Authorization t#4 with BCI in the amount of $7,494.00 for design of spoil site. 3116104:. Award of Construction Contract for Phase I Dredging of Taylor Creek in the amount of $2,485,820.00. 119106: Board accepted the Taylor Creek Phase 1 Dredging project and released retainage and final payment to Lake Michigan Contractors, Inc in the amount of $648,315.65. 512106: Soard approved the Taylor CreeklC25 Dregding Restoration Project Phase 3 to Dredging and Marine Consultants, Inc in the amount of $107,500.00. RECOMMENDATION: Public Works Staff recommends approval of Amendment 1 to Work Authorization No.3 with Dredging & Marine Consultants, in the amount of $7725.00 for pennitting costs related to Phase 3, Taylor Creek Dredging. COMMISSION ACTION: ~APPROVEDO DENIED o OTHER: CONCURRENCE: Approved 5-0 Review an~Drovals s Orig_ng Dept: (Pub. ;ø; ..À~ . County AtIomey: " - - ¡¡g Purchasing: ~ 0 Parks & Recreation: ¡¡g Finance: c...o ry 0 Other Anyone with a disability requiring accommodation to attend this meeting shonld contact the Sl Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. · Man_land B~ tnMJ¡ o Environmental Lands: CONTRACT #04-12-563 for Work Authorization" 3 in the amount of: Additional Permitting Fees for amendment #1 for WA '3 in the amount of: Total contract amount: $107,500.00 $ 7.725.00 $ 115,225.00 FIRST AMENDMENT TO WORK AUTHORIZATION NO.3 Engineering Services Related to Dredging for Taylor Creek Restoration Dredging Project, Phase 3 Permitting, Engineering, and Construction Services Work Authorization No.3 (C04-12-563) between St. Lucie County (the "County") and Dredging & Marine Consultants, LLC (the "Engineer") for services related to Taylor Creek Restoration Dredging Project, Phase 3, Permitting, Engineering, and Construction Services dated May 2, 2006 (the" Agreement") is hereby amended to increase the amount of the compensation to be paid to the Engineer to a total not to exceed One Hundred fifteen Thousand, Two Hundred Twenty-five Dollars ($115,225.00). The Engineer's additiona'''Work Compensation Sheets" have also been attached hereto and made a part hereof as Exhibit "D". All other terms and conditions of Work Authorization No.3 (C04-12-563) shall be the same and remain in full force and effect. IN WITNESS WHEREOf, the parties have caused this first Amendment to Work Authorization No.3 (C04-12-563) to be executed and delivered on the dates below. ATTEST: BOARD Of COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: DREDGING & MARINE CONSULTANTS, LLC BY: Print Name: Title: DredgIng'" Marine Consultants DMC 5889 S. Williamson Blvd. Ste 1407 Port Orange, FL 32128 Tel: (386) 304-6505 Fax: (386) 304-7508 Email: www.dmces.com ENGINEERS . SCIENTISTS Memo To: Samantha Rice FDEP From: Shailesh K. Patel CC: Don West, St. Lucie County Date: August 9, 2006 Re: St. Lucie County Taylor Creek Restoration Dredging, Phase 2 FDEP # 56-0214474-003 Enclosed is a check for the amount of·,;It~~~l~H>'Check #2632) for the above referenced project permit fees. ... - . ... . Should you require additional information, please call. EXHIBIT I tt D If August 21, 2006 Kelly Phillips South Florida Water Management District 1000 NE 40th Avenue Okeechobee, FL 34972 RE: Taylor Creek Restoration - Phase 2, Dredging and Shoreline Stabilization Dear Ms. Phillips: Dredging & Marine Consultants, LLC (DMC) as agents to St. Lucie County is pleased to submit the following SFWMD application to use its right-of way, on behalf of St. Lucie County. The intent of this application is to secure SFWMD authorization to complete the Taylor Creek Restoration Dredging and Shoreline Stabilization Project. Per my conversation with Ms. LauraL,xtÞ~R~' Sr. Regulatory Supervisor, Permitting Section of the SFWMD, we are enclosing a permit fee ofl>~~¡.ººiaÐd four copies (one original and 3 copies) of the complete application. .. Please note that the application is for two phases of remaining Taylor Creek Restoration Dredging Project. One aspect of the Taylor Creek Dredging, Phase 2 project will remove only muck/fine-grained sediment from the Taylor Creek area between the Intracoastal Waterway and the S-50 Structure to the west. The second aspect is the stabilization of severely eroded areas along the banks of Taylor Creek between the FEC Railroad and the S-50 structure. Attachment B of the SFWMD application shows the necessary project areas and design required for your evaluation and is the same package that has been sent to FDEP and the USACOE for authorization as well. We are sending you a set of the modified dredge depths and limits that have been agreed with by both FDEP and USACOE (See Attachment A of the SFWMD application). These dredge depths are different from the earlier package that was sent to you in June. The revised depths and areas result in removal of about 91,800 CY of sediment from 23 acres of the Creek. We believe both these aspects of the project will positively contribute to the health of Taylor Creek and the Indian River Lagoon. We look forward to your permit authorization so that we may begin construction of these projects in November 2006. Should you require any clarification or additional information, please call. Thank you. Respectfully, Dredging & Marine Consultants, LLC Shailesh K. Patel, M.Sc., CPSSc. Project Manager cc: Donald B. West, St. Lucie County C:\DMC PROJECTS\002 -S1. Lucie County\06-002-07 TaylorCreek Ph 3 ShorelineStabillzation\SFWMD Permit Shoreline Stabilization\SFWMD Permit Cover Letter08-21-2006.doc February 15,2007 DMC PN: 04-002-07 Ms. Samantha Rice Florida Department of Environmental Protection 400 North Congress Avenue, Suite 200 West Palm Beach, FL 33401 RE: Taylor Creek Restoration Shoreline Stabilization, Phase 3 RAI Response File No.: 56-0214474-004 Dear Ms. Rice On behalf of St. Lucie County (applicant), Dredging & Marine Consultants, LLC (DMC) is pleased to submit this Request for Additional Information (RA!) response for the above referenced project. We look forward to your authorization soon. We anticipate construction commencing in May 2007. If we can assist in anyway to expedite the review process, please call. Thank you. COMPLETENESS SUMMARYIRAI (Chapter 62-330, or 62-343 Florida Administrative Code) Part I [ ] 1. Please submit a;~~~~~~dard general permit processing fee payable to the Department ()fEnvironmental Protection Response: It is included in this package. [ ] 2. Provide the dimensions (length, width, height) of the structure and volume of fill involved (in cubic yards and acres) for the actual structure at each of the 18 areas. Response: A site visit was conducted after the Environmental Resource Permit application was submitted, it became apparent that the shorelines of this section of Taylor Creek have significantly changed, since the last shoreline survey was conducted. The previous shoreline survey was collected prior to the 2004 hurricane season. A new shoreline survey was conducted in the fall of 2006 and many of the areas that require shoreline stabilization have correspondingly been altered. The cross sections of the shoreline stabilization areas are shown in Attachment 2, Sheets 3 through 10. Attachment 1 is a table showing each shoreline stabilization Area's profiles, cross sectional cut and fdl areas, Area length, surface area affected and net volume cut or fill by Area. The sum of the Area's lengths, affected surface area and net volume is also shown. [ ] 3. Provide the volume (in cubic yards) of the proposed backfill and excavated material for the installation of the structure at each of the 18 areas. AGENDA REQUEST /,·t:;ß ITEM NO. l.-A DATE: April 24, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Approve the agreement with Inwood Consulting Engineers for additional professional engineering services regarding a signal warrant study to be performed at Angle Road and Avenue Q, for the Angle Road Sidewalk Project. If a signal warrant study shows that a signal is justified, potential funding from FDOT may be available for construction. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in: 101006-4116-563021-4702, Engineering, Transportation Trust/Impact Fees, for $7,500.00. PREVIOUS ACTION: May 10,2005 - The Board approved award of Work Authorization NO.2 to Inwood Consulting Engineers in the amount of $49,920.55 for the survey and preliminary design of the project. July 25, 2006 - The Board approved award of Work Authorization NO.5 to Inwood Consulting Engineers in the amount of $102,795.00 for the final design of the project. RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to sign the First Amendment to Work Authorization No. 5 (Contract C03-09-708) with Inwood Consulting Engineers in the amount of $110,295,00 for the additional professional engineering services regarding a signal warrant study to be performed at Angle Road and Avenue Q, for the Angle Road Sidewalk Project. ~OMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Approved 5-0 Douglas Anderson County Administrator Coordination/Sianatures I~ Mg!. & B,d,.t ¡<.;«> J\ \\\{''ill 0""0"'0' Depl. P,'"oW''''' },.\?~ . [x] Fiscal Coordinator ~f\' _ ~ 1"] Purchasing Dept L=1= [] MSBU Coordinator [] (Check for copy only, if applicable) [x] County Attorney ['I P,~.d. M'""" ~ [x] Road & Bridge _::: ,~ DIVISION OF ENGINEERING MEMORANDUM TO: Mike Powley, P.E. - County Engineer FROM: Kyle Croce, P.E. - Sr. Project Engineer DATE: April 13, 2007 SUBJECT: Agreement with Inwood Consulting Engineers for additional professional engineering services regarding a signal warrant study to be performed at Angle Road and Avenue Q, for the Angle Road Sidewalk Project. The County approved Work Authorization NO.2 on May 10, 2005 to Inwood Consulting Engineers in the amount of $49,920.55 for the survey and preliminary design of the project. On July 25, 2006, the Board approved award of Work Authorization No.5 to Inwood Consulting Engineers in the amount of $102,795.00 for the final design of the project. Since that time, Inwood Consulting Engineers has continued with the final design of the project as scheduled. However, an additional scope including a signal warrant study was discussed for the Angle Road and Avenue Q intersection. It is believed that including this study in the scope of services will provide us with the necessary information and documentation to evaluate whether or not a signal is warranted at that intersection. If a signal warrant study shows that a signal is justified, potential funding from FOOT may be available for construction. The County continues to work with Inwood Consulting Engineers on the development stages of this project, as these improvements will ultimately be beneficial in terms of pedestrian safety. It will be especially beneficial for those walking to and from school. The attached agreement, as prepared by the County Attorney, is with Inwood Consulting Engineers for professIonal engineering services. This will be the first amendment to Contract No. C03-09-708, in the amount of $7,500.00, for a total cost of $110,295.00 for the additional signal warrant study associated with the Angle Road and Avenue Q intersection, for the Angle Road Sidewalk Project. LINE-TO-LINE TRANSFER REQUEST DEPARTMENT: ENGINEERING 07-74 DATE: 4/10/07 - Reimbursables FROM 101006-4116-563000-4702 An Ie Rd. Sidewalk - Infrastructure $7,500.00 $47,184 REASON FOR TRANSFER: Transfer funds to accommodate Board a enda. CONTACT PERSON: DEPARTMENTAL APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: ~ Ii M,inhardt ,.. ~w&¡- . I PHONE #: 1708 OMB NOTES: INPUT DATE: LlNE-TO-LlNE TRANSFER #: INPUT BY: DOCUMENT #: FIRST AMENDMENT TO WORK AUTHORIZATION NO.5 Proj/Prog 4702 Engineering Services Roadway and Intersection Design C03-09-708 Angle Road Sidewalk Project Work Authorization No. 5 between St. Lucie County ("the "County") and Inwood Consulting Engineers, Inc. (the "Engineer") for Services related to Roadway and Intersection Design, dated September 9, 2003, (the "Agreement") is hereby amended to provide additional design efforts and work tasks in the amount of $7,500.00 for a current contract of $110,295.00. The Engineer's additional "Scope of Services", 'Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. Timeframe has been extended to July 24, 2007. All other terms and conditions of Work Authorization NO.5 (C-03-09-708) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization NO.5 (C-03-09-708) to be executed and delivered on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY WITNESSES: ENGINEER BY: Print Name: Inwood Consulting Engineers Date: EXHIBIT" A" .. ~ Pt.-'iI- ~ "'", (.; - March 23, 2007 Ms. Janet Middelton, P.E. Project Manger Inwood Consulting Engineers 870 Clark Street Oviedo, FL 32765 RE: Signal Warrant Study at Angle Road and Avenue Q St. Lucie County Continuing Professional Engineering Services (GMB Project No. 06-162.01) Dear Janet: We at GMB Engineers & Planners, Inc. are pleased to submit this proposal in response to your request to conduct a signal warrant study at Angle Road and Avenue Q. These services will be performed under St. Lucie County Continuing Professional Engineering Services. The pedestrian traffic signal warrant study will be conducted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and the Manual on Uniform Traffic Studies (MUTS). The scope of services described below documents the tasks that will be performed in completing the study. The tasks below will be undertaken to complete the signal warrant study. Task 1: 24-Hour Traffic Counts The Consultant shall collect hourly traffic counts over a 24-hour period on each approach to the intersections (up to four approaches per intersection). These counts will be collected on a weekday while the schools close to the intersection are in session. The count data shall be summarized in tabular form showing hourly totals. Task 2: 8-Hour Turning Movement Counts The Consultant shall collect turning movement counts for the eight highest hours as determined from Task I on a weekday while the schools close to the intersection are in session. These turning movement counts shall be reported by IS-minute increments with hourly totals. Pedestrians and bicycles crossing the intersection shall be counted concurrent with the vehicle counts. The number of pedestrians and bicycles crossing the intersection will also be identified. Task 3: Vehicle Gap Size Study Vehicle Gap Size Study will be perfonned at the intersection for the eight hours between on a Saturday to detennine the size and the number of gaps in the vehicular traffic stream along Atlantic Avenue. Task 4: Field Intersection Inventory (Condition Diagram) The Consultant shall conduct a field inventory of each intersection and prepare a condition diagram. The condition diagram shall include intersection geometry, dimensions, traffic control devices, and other roadside elements that contribute to the traffic flow operation. These roadside elements include driveways, sidewalks, utility poles, drainage features, bicycle paths, etc. The condition diagram will be drawn to scale using CAD. Task 5: Qualitative Assessment A professional engineer shall visit the intersection during the peak pedestrian flow period. The purpose of these qualitative observations is to evaluate prevailing operating conditions and traffic flow patterns to detennine if installing a traffic signal or a signalized pedestrian crossing at the intersection would be potentially beneficial. Traffic flow characteristics such as queue lengths, delays, conflicts, or any other operational constraints shall be noted during these periods of observations. Colored photographs shall be taken of each approach to the intersection. Task 6: Intersection Delay Analysis A delay study shall be conducted along the side street approach of the intersection. The delay study shall cover the a.m., and p.m. peak hour periods. The results of the delay study shall be summarized in tabular fonnat and used to evaluate Warrant #3 of the warrants for signalization of the MUTCD. Task 7: Crash Analysis St. Lucie County will provide copies of the crash records recorded at the intersection during the latest 12-month reporting period. The Consultant shall summarize these crashes and plot the crash patterns to generate a collision diagram. Task 8: Warrant Analysis and Report The Consultant shall analyze the data collected in the previous tasks in accordance to the MUTCD and MUTS. From this analysis, the Consultant shall prepare a recommendation as to whether or not a traffic signal or a signalized pedestrian crossing should be considered for installation. In lieu of and/or in addition to signalization, intersection improvements that enhance safety, protect capacity, and promote traffic flow efficiency will be identified in the report. Three copies of the traffic signal warrant analysis report, signed and sealed by a professional engineer, will be submitted to St. Lucie County. Period of Performance The Consultant will complete the services described above within four weeks from the time the notice to proceed is received from St. Lucie County. Fee The Consultant will complete the services described above based on a lump sum cost schedule as follows: GMB Engineers & Planners, Inc. (MBE) $7.500.00 We appreciate the opportunity to assist you on this project. Should you have any questions, please do not hesitate to call. Sincerely, GMB ENGINEERS & PLANNERS, INe. B~·~ Babuji Ambikapathy, P.E., AICP .. .. ŒI .. .. tn W (.) >...J It:c( wtn ~O (!)I:L zO -It: It:I:L Ww Ww ~u.. (!) Z W too- - ŒI - :J: >< W ~< 0'0 :¡:: Ii ~- ¡¡ ~ c_ !pm m'a oCI~ ~I/) ;s GI GI :5!~ mGl~ 'a "'- ~~'a a::8:5! GI :IE -e- ~e! <u..!; eåi .. .. >- tIIglII ~i1 u'C.. f~&iÞ ¿:9!1i CQ.C Š 8 I I I I I I I ~ 1181 u ~ ,...: flit 0 .> i ! I ,.: - I- ... 8 ..J .e g I g Ii It) g ~ i I- i~ I ,.: .. - U) u. E - i a I g c. ..... 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C') C') 0 0 co It) ~ ~ :g ~ co"Ccg-~ if . It) ... 0 ... 0 M M ... N CD -g -gtVc N ~ 0 C') It) 0 C') N N N N !::! N !::! t:~.!!!~1I) ~ 0 0 ~ ~ ~ 0 ~ 0 ~ ~ 0 @ < < < < < < < < . < ~Æ~æ~ ~ ITEMNO.c'5C DATE: April 24, 2007 AGENDA REQUEST REGULAR I ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Approve Change Order NO.2 to Contract No.C06-11-782, for the grant project entitled South 26th Street Area Improvements, to Ric-Man International, Inc., in the amount of $18,884.1 0, for additional construction services regarding canal bank and side slope stabilization. BACKGROUND: This project includes the installation of a sanitary sewer and storm sewer system within the existing South 26th Street Area neighborhood. See the attached memorandum for details. FUNDS AVAILABLE: Funds are available in Fund Number 001404-6420-563033-600, Infrastructure - CDBG Flood/Drainage. PREVIOUS ACTION: On April 4, 2006, the Board approved the Inter-Local agreement with the City of Fort Pierce and FPUA for the South 26th Street Area Community Development Block Grant. On November 11,2006, the St. Lucie County BOCC awarded the contract to Ric-Man International, Inc., in the amount of $1,963,687.00. On January 2,2007, SLC Engineering issued a Notice-to-Proceed letter to Ric-Man International, Inc., to begin construction. On March 20, 2007, the St. Lucie County BOCC approved Change Order NO.1 to Ric-Man International, Inc., in the amount of $422,400.00 for construction of individual residential sanitary sewer connections, and approved Budget Resolution No. 07-098 to accept the grant award amendment. RECOMMENDATION: Staff recommends the Board approve and authorize the chair to sign Change Order NO.2 in the amount of $18,844.10, for a total contract price of $2,404,931.10 to Ric-Man International, Inc., for additional construction services pertaining to canal bank and side slope stabilization for the South 26th Street Area Improvements project. COMMISSION ACTION: ~], APPROVED [ ] OTHER [ ] DENIED Approved 5-0 [x] County Attorney ~ [x] Mgt. & Budget ~ <f...\J /¡Ý'\l('tfh [x] Originating Dept. Public Works JNP ~ ))tJN [x] Project. Manager [] Fiscal Coordinator {7.o '[ .j Purchasing Dept .J ['j Comm. SeN'œ,. Dk. . .' ['j MSBU Ccorn'"""" '" , ['j (Check to< ropy O"!Y. " a"";oab~) . I' DIVISION OF ENGINEERING MEMORANDUM TO: Michael Powley, P.E. - County Engineer FROM: Rebecca Padrick - MSBU Coordinator Kyle Croce, P.E. - Senior Project Engineer~ April 13 , 2007 Via: Date: Subject: South 26th Street Area Improvements Project Contract # C06-11-782 ~ ,~-, - ~:::;,-~---"~=--- ~.:» This grant project includes the installation of a sanitary sewer and storm sewer system within the existing South 26th Street Area neighborhood. On September 28, 2006, the bids were opened for this project, and on November 11, 2006, the St. Lucie County BOCC awarded the contract to Ric-Man International, Inc., in the amount of $1,963,687.00. The original contract was to include storm sewer improvements and include the construction of a sanitary sewer main. The sanitary sewer line will bring sanitary sewer service to the neighborhood, which will then be maintained by FPUA. On March 20,2007, the St. Lucie County BOCC approved Change Order NO.1 to Ric- Man International, Inc., in the amount of $422,400.00. This added to the scope of services, the construction of individual residential sanitary sewer connections. Initially, those connections were to be advertised and awarded as a separate contract. However, due to increasing material costs, and in order to utilize the current available grant funds, this work was included in Contract C06-11-782. Change Order NO.2 represents the additional labor and material cost to stabilize the canal banks and side slopes for the North St. Lucie River Water District Canal No.8, located along Cortez Blvd. The change order will include the installation of rip-rap rubble along the canal banks and side slopes for additional stabilization. These areas for Change Order No. 2 are six (6) locations where our stormwater outfall pipes connect to Canal NO.8. The stabilization is a St. Lucie County Engineering design standard that was not initially included on the South 26th Street Area Improvements project design plans, prepared by our consultant. The additional stabilization, or rip-rap rubble installation work, will be accomplished to protect the canal banks and side slopes from erosion. The change order amount includes the expenses for materials, labor, and equipment, which will be utilized by the contractor for these additional operations. This work will coincide within the time frame of the original contract and will not require additional days to be added. Funds are available in Fund Number 001404-6420-563033-600, Infrastructure - CDBG Flood/Drainage. attachments: Change Order No.2 Spreadsheet cc w/attachments: Don West. P.E. - Public Works Director Craig Hauschild, P.E. - Assistant County Engineer " ~ t- ã5 ::J: >< W fn .... c G) E G) > e Co E ns e « ø I'- G) ~g b EN en 'iN" 6 ~ J: ¡ <u to E ê -. Q <u ,.... ë """') J:N- .... =It: ¡ it) ~ a:: :iF iU °W.~CI enCQ:~.. a:: Q) Q) o ~Lê Loot- WLooQ.._ C)-§.9~ .¡.; Z <U Q) .Q o _ Loo o:!:: Q)....."E:.J"O 'õ' ~ 0 0 "0« c:ouz 0 ~ 'V I'- co 0 co I 0 co :; ~ ~ """') ~ (ft I B ~ ~ cry .;: co. I- Q. co ~ (ft 0 ~ :!:! Q ~ u ]j c .;: co. :J Q. co 0 ~ t- (ft o o ~ ~ CJ) ...J Q) :D .c ::J a:: a. <U a:: I a. ëi: I'- o o N M ~ - cry .' .~ AGENDA REQUEST ITEM NO. 6A DATE: Apri/24, 2007 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Administration SUBJECT: Citizens Budget Development Co BACKGROUND: Commissioner Smith has request that Michael L. McKinnon Jr. serve as his appointee on the Citizens Budget Development Committee. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Smith's appointment of Michael L. McKinnon Jr. to the Citizens Budget Development Committee. COMMISSION ACTION: CONCURRENCE: ~:APPROVED o OTHER: {;... o DENIED Approved 5-0 Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 .. ........... ........., -.."....., I I' L"~""'~'¡"w.. "'~II¡¡~ ::iJ./\:.It/ .....,-.....,.._--.... .-.--. ST.lUCJE -, CO(U.J1Y 'u r ' 0 I, r n ,", 8L Lucie County Board of CDun~ ~~mmis.iQnm ~¡:;¡plJl:ltlon for SlNinO-tm Gount; So;;d; ir; CommlÞø Thànk you for applying fer a pcsltlor; on oné of St. Lucie CQunty's many adv1sory txlards and commltteis. The mirlmurn requirements for COmmittee membership are: · Muøf be a County resident · Must not be related 10 another commIttee member, County CQmmJssJonêr or County emplo;'$& invcliled wltJ1lhe commIttee of interes1, · Must not be employed by the same buslnes; entIty $$ other committee members. '" Must not serve on more than 2 County committsis Notê: Some r:dmm~tees haVe Qdd~lonel reQulrement5; plea.1 inquire when submitting this appnOQ~on. In Elddi~on, servlœ on committees With planning, 20nrng or naturall1¡)~ourœs mponsibillØes may re~uiJ8 oiSclosLlre of flnanclallntarests. F'lease ~omplete the fQt)win~ information: 1. Please Indica,,- the commlttee(s) you Irllnterestl!9d in. See the Wst below. 2. Name:!!JJJ"tA£./).,. /11S Kíhnt3Îl, J'r. Phone: 77..< -,if 6 /-7 3~g " 3. Home address: -¥3tJ5 £Ver.,t-'~(jr .fIv-e- '¡:::".¡.. tp¡~ rc~, ¡::'¿ 3'1q.c¡.7 - ~ 4, Whichcommisston district de you IlVé in? ~,'. . L ", J/ IS TN C. T .L 6. BusínesslOccupa11on A fk/"'l1e V . 6. 8usrness addresj; , 'í II Jet fi (¡()Q ~_/lI/(jht£ -e, H, fJ.,.erc.e. J:L Bl/4S'ð 7. Brief resume of .oucadon & exøerience: (PItase attach resume) ~ B. Do ~ou currently 8êrve»a countycommittee(s)? Iho, ~leaBe H$t: T 0 9. " e. " ~4/13/2~~7 15:18 77446221;'1 ST LUCIE EDce PAGE 02/66 10, 11, Commenœï: .. ~~~~i1J~/~X JJt:IÍ~~. .fit LU!ii. çpunty Ad\lsorv ~~~s Ind Committee Citizen ADoointments Avål¡ble Please checJ\ the comm.., you art intemtecJ In: a BeaCh Pruer\latbn Task Foroe a Board of AdjUitmlJ1t tI Cenlrsl Florid. Forelgn·Trade Zone, Ino, a Chlldrerl's S.rvICM Counc;1 a Crtlzen's Budg.t Development Comml'ltee a Cod, Enforcem.nt Soard IS Commul1lty Otvtfoþ/t¡tnt BJodI Grant Citizen'!: Advisory Task Fore. U CcntrøotOIi Cørtlftoall!;JI B08I'U R cu~utlr Affairs Council tI clTIII'genoy Medloai Servlclt AdvIIO/'ý COuncil Q1 environmental ÄtMIOry Committee ~ 5nvlrcnmenml Hearing Eloll'd tr Fl. Dept. of Children and FernS)' Services Cornmitœlll jJ,tnct 15 tI Ft Oept. of CnltdrGn and FarnMy SlIIrvjÇ., Nominatln; QuaHflœrlcnl Rel/lew ~Qmmitte& Diltrict 15 ø Fort Pi$!r'T;I¡ HlIJ"bar Advlvory Ownm!Mt a: Hì.torie.1 Corrrnla!lon ;¡ Housing Finance Authority Þ Inve$tl'l1snt Commltœe I: Library Advisory Board tt Þf¡rJnln¡ & Zoning CommissIon/LoCal Pllnning Agenq . Restudy CQomlnsflon Ccmmitree *' St Lucie County ReCI'II1!IItiDn AtM$¢1'y Board II Tour1st Development Council tI Trea;ure Coa$t Heaan Council. Inc, , II Treasure Coast Regional Economic Dlstr!ct'Ownlll econQmlc Devtfopment Program Committee a V'getatlo,., Protection committee U Biayde/PedestrlM MJlsory Commitlet .' It Attli¡n.~IeIAffordlblelWorirforce Hung Task Force a TIWI!ure Cout ¡;duCltion, RiSNfCh ¡n CtvtlDpment Authority Board a $mirt Growth Advll!ory Ad Hoc Committee tt Tranñr of DMlol)mtnt Rlghtlt (iOFt) Advilory AQ' Hoc Committe, I; HistorIc P~s.N8lion Committee' ø S~.t8 BOllrd Park: ~$ttæ - '5uS~~i \1 M \4cc..,Co~H-'€...e..l~W) APF'JLICA ION WILL REMAIN EFFECTIVE FOR ONE YEAA Submit to: St. Luo!! County kfmlnlstrab"¡ Ob, Mløsy Stiad/ø 2300 Virglnllil Avenul!, ~ort Pierce, Fl 34982 Phone; (772) 482-1156 :l MICHAEL L. MCKINNON, Jr. 4305 Evergreen Avenue Fort Pierce, Florida 34947 772..461- 7348 RESUME NAME: Michael L. McKinnon, Jr. PLACE OF BIRTH: Fort Pierce, Saint Lucie County, Florida MARITAL STATUS: Married I Wife: Joan CHilDREN: Four: Felicia, Derrick, Moni~ar and Jame5 GRANDCHilDREN: 12 Education High School: Lincoln Park Academy Fort Pierce, Florida College: Lincoln Junior College Fort Pierce, Florida Degree: A. A. - History & Government, 1963 College: Saint Augustine's College Raleigh, North Carolina Degree: B. A. History & Government, 1966 Graduate Studies: North Carolina Central University Durham, North Carolina Degree: 36 graduate hours; Counseling College: North Carolina Central Universîty School of Law Durham, North Carolina Degree: Juris Doctor, 1976 Employment History F. J. Carnage Junior High School 1965 - 1966 Raleìgh, N_ C. Social Studies IBM 1968 - 1970 Research Triangle Park, N. C. Computer Programmer Orange Hìgh School 1970 - 1973 HiIIsborough, N. C. Guidance Counselor Helping Hand Neighbors, Inc. 1977 - 1979 Executive Director Senior Center Fort Pierce, Florida Office of the Public Defender 1980 ~ 1982 Fort Pierce, Florida Private Practice 1982 - Present Law Office of Michael L McKinnon, Jr. Fort Pierce, Florida Present Organizations Member, Florida Bar Association Member, American Bar Association Member, Daily Bread Storehouse Ministries (monthly feeding program) Member, National Association for the Advancement of Colored People Past Affiliations Vice-President, Garden City Elementary School Advisory Committee Member, St. Lucie Elementary School Advisory Committee President, St. Lucie County Branch, Natjonal Association for the Advancement of Colored People Member, School Advisory Committee - Lincoln Park Academy High School Church Affiliation Holy Ghost Deliverance Evangelistic Temple, Inc. Pastor; Gwendolyn Reeves Fort Pierce, Florida Church Position: Minister Military Service United States Army; August. 1966 - August, 1968 Honorable Discharge "··W'·:· .~.". :~"''''''''''''_'''"- "" )"','--.--,--.., ITEM NO. DATE C6ß 4/24/2007 , .ifi!lI!@J@ÞE~~' FY COUNTY'. FLORIDA - AGENDA REOUEST '''''''M~',· .,:.,;.,____...___,,,..__,_, REGULAR () PUBLIC HEARING ( ) CONSENT ( X ) TO. Board of County Commissioners PRESENTED BV. SUBMlnED BY (DEPT). Administration SUBJECT. Staff requests that the Board approve the Building ssociation Notification Policy No. 07-01 BACKGROUND. The St. Lucie County Aluminum Contractor Association members have requested that the Board adopt a policy for notification of change that may affect a fee or contractor requirements. FUNDS AVAILABLE. N/A RECOMMENDATION. Staff recommends approval of Policy No. 07-01. COMMISSION ACTION. CONCURRENCE. º Collnt" Atto.ne". ~. Review .nd A......v... ~ APPROVED 0 DENIED o OTHER: Approved 5-0 º Man..eanent and Bud.et. º Pu.ch..ln.. º O....n..ln. Dept. º Othe.. º Flnancea Checlt 10. CO" on"', H ............ S:\RAY\2007\AGENDA\04-24-07 CONTRACTOR NOTIFICATION POLlCY,DOC - .. .. COUNTY ADMINISTRATION MEMORANDUM 07-10 TO: Board of County Commissioners FROM: Ray Wazny, Assistant County Administrator ~ DATE: April 13, 2007 RE: Building Association Notification Policy St. Lucie County Aluminum Contractor Association members have requested that the Board adopt a policy for notification of changes that may affect a fee or construction requirement. Staff has prepared a Building Association Notification Policy and this policy has been reviewed by both the Aluminum Contractors and Treasure Coast Builders Association. Staff recommends approval of the Building Association Notification Policy. RLW/smb 07-10 Board of County Commissioners st. Lucie County, Florida Policy No. 07-01 Title: Date Adopted: Effective Date: Reference: Building Association Notification Policy April 24, 2007 April 24, 2007 N/A It shall be the policy of the Board of County Commissioners of St. Lucie County, Florida, that Policy No. 07-01 is adopted, to wit: A. Timelv Notice of Chanaes: 1. Contractors shall be notified by the st. Lucie County Code Compliance Division of any changes that may impact a fee or construction requirement. 2. No change which will impact either fee or construction requirements shall be undertaken without prior written authorization from either the Board of County Commissioners or the County Administrator or their designee. 3. Contractors will be notified 30 days in advance of authorized changes, which impact a fee or construction requirements unless this notice is inconsistent with State or Federal Law or when the County is under a State of Emergency. B. Notification Procedure: 1. Notification of change will be posted both on the County Code Compliance Division's website and at the entry to the St. Lucie County Building Division in an area specifically designated as "CODE COMPLIANCE DIVISION INFORMATION". 2. Appropriate Building Associations will be notified 30 days in advance by letter from the Building Official. 3. Any Building Association wishing to be placed on the notification mailing list may do so by written request to the Building Official. C. ResDonsibilities: 1. The st. Lucie County Building Official will be responsible for maintaining the Code Compliance Division Information area and for sending letter notices of change to appropriate Building Associations. 2. The Building Associations shall be responsible for notifying its membership of the notices of change provided by the County Building Official. ). "\ , ~~'~~1:~~1':í,;~"'" };v~~f.i;¡~~""'-< ~:~~»l~'.: {;-J~ ~\'·trr V^~1~~~' ~~.Æ :if~k~~ .~ '6It~Í'rt:-::.':~ "'W....:} :'Jfi~£"""}'~4" (",",,~.J' 1,.~. '- ~,klt.\ ITEM NO. C-7A DATE: 4/24/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) ,~ '¿).i(~:~ ~3:~}~'~i "~\k::) .~, ~r; ;;:\~.:~ ~~~Mt"'N:~¡:~ ;:~1~ ,;l,'''~' tØ~ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Permission to negotiate fees with firms in order of numerical ranking from Request For Qualifications #07-028, Treasure Coast Education & Research Development Authority Park Masterplan, and if negotiations are successful, to award the contract to the successful firm to create the Masterplan. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001-3716-531000-300 PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to negotiate fees with firms in order of numerical ranking from Request For Qualifications #07-028, Treasure Coast Education & Research Development Authority Park Masterplan; and if negotiations are successful, to award the contract to the successful firm to create the Masterplan and authorize the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~" APPROVED () DENIED ( )' OTHER Approved 5-0 i.5l:' Coordination/Signatures ...-¡'~ _ . County Attorney (X) Mgt. & Budget (X¡§) 6..(;.1 Purchasing (X) /Y+-' TCERDA (X) -I(¡f( Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ , \ ,lJilj' ·t~~,1';"<~~' "/fr~¡~;~~1f:~~n1rp:¡{~~t~,:, IWt~ j~~';'J'¡' ·,7f:~~ .{:o?f.~$'$' -, ..~,'(, ,...,,;¡;;.,ï "'{r""~·~'T.~,.; Uf"J~"j\" <.1 ~. ',1" PURCHASING DEPARTMENT '~{-<~1r\~:~;,:~ ~n~ .,~~ "~~1t.~;!.( ~~~~~~Æ~~ÌJ~f~ ~:gk{·f;~r~< .~~ MEMORANDUM ------ ,._~._-- --~.... '-'-,--, ". _...._--~,~-_.,~.,.-..,_._..~~_._.,._.._"-- ..' ~_.._._,.~."--._~.~~..._--_._-_._~_.-~_.~--------~-----~,~ ~_·~.~..____..,·.~·..r·" .'. _.",,"__..~.,__,... -..,~.." ,-- - .._"."._..._.-.".-.,_._'~_.- '-.,' ..-,..-.-._--,._._~._~..-_.~-- -.- . .._-'.' , - -,- .-.-,.....- ----_.....,,--.-- - ----~.-~.~. - --. .- . >..-. ....._,~~.".__..- ,- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: April 13, 2007 RE: Permission to negotiate fees with firms in order of numerical ranking from Request For Qualifications #07-028, Treasure Coast Education & Research Development Authority Park (TCERDA) Masterplan, and if negotiations are successful, to award the contract to the successful firm to create the Masterplan. BackQround: County and TCERDA staff solicited qualifications packages from firms to create the Masterplan for the Treasure Coast Education & Research Development Authority Research and Education Park. 1956 firms were notified, 77 sets of Request for Qualifications documents were distributed, and 4 firms submitted (please see attached). Since Florida law requires the County to make a determination of a Consultant's qualifications prior to their employment, the Qualifications Package was used to create a "shortlist" of the most qualified firms that submitted. One firm was declared non-responsive, while the remaining firms were "short listed" and invited back for oral presentations. Firms were evaluated based upon criteria established by State of Florida Statutes and County criteria. After the initial evaluation of the written packages, the three firms were invited to make presentations to County and TCERDA staff (including TCERDA Board members) regarding their understanding of the program requirements and their approach, methods and concepts. A brief discussion ensued between staff and each firm after their presentations. The firms were ranked in the following order: Firm Wallace, Roberts and Todd, LLC The Genesis Group Land Design South RankinQ 1 2 3 Recommendation: Staff requests Board approval to negotiate fees with firms in order of numerical ranking from Request For Qualifications #07-028, Treasure Coast Education & Research Development Authority Park Masterplan; and if negotiations are successful, to award the contract to the successful firm to create the Masterplan and authorize the Chairman to sign the contract as prepared by the County Attorney \. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - RFP #07-028 ST. LUCIE COUNTY RESEARCH AND EDUCATION PARK DEVELOPMENT OF PARK CONCEPTUAL MASTER PLAN OPENED: MARCH 14,2007 AT 4:00 P.M. Four submittals were received for subject proposal: *Trias & Associates Phone: (772) 461-8600; Fax: (772) 461-8602 Address: PO Box 3630, Ft. Pierce, Florida 34948 Alistair Kenworthv-WR& T. LLC Phone: (415) 575-4722 Fax: (415) 541-0944 Address: 657 Mission St., Suite 600, San Francisco, California 94105 Genesis Group Phone: (904) 730-9360; Fax: (305) 279-5812 Address: 9250 Cypress Green Dr., Suite 200, Jacksonville, Florida 32256 Land Desian South Phone: (772) 871-7778; Fax: (772) 871-9992 Address: 1100 St. Lucie West Blvd., Suite 202, Port St. Lucie, Florida 33409 NUMBER OF COMPANIES NOTIFIED: 1956 NUMBER OF BID DOCUMENTS DISTRIBUTED: 77 NUMBER OF BIDS RECEIVED: 4 **Per demandstar.com * Non-responsive 1 A'~ \.:t'¡' }:"'{"'~:,&;~t[4,,".1~1.e;~;'.1*~·'£ ¡~¡(,~:~.~", ~~.~.-~t::.::;¡ ~L,.},>- ~~.4~~5t'~~"~',UJ.""~~J{,,!f,¡ji~';';'\" \),f} r 1,~f;.r.¡''1\ ",'; ~ '~k,?: ITEM NO. C-7B DATE: 4/24/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Permission to advertise and issue a Request for Qualifications (RFQ) for an operator for the Central Florida Foreign Trade Zone #218. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: 001-1515- 53f{)DD -'-fCJt>1 PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval to advertise and issue a Request for Qualifications (RFQ) for an operator for the Central Florida Foreign Trade Zone #218. COMMISSION ACTION: CONCURRENCE: Approved 5-0 ~D C M, APPROVED () DENIED ( ) OTHER County Attorney (X) ,9t/ i/4 i Coordination/Siç¡ natures Mgt. & Budget ()I * ~1 t~p) Other ( ) Purchasing (X) ~ Economic Development (X) t~ Other ( ) Finance: (check for copy, only if applicable)_ c }fr':"t~~~ :.~..~:~ ~~7 .:;>t l~~t)~,,).~1:~t~,~t&:~:'.r~~~~~t ~: ~;'~~,<, ,,~'. ,c ~ ¡ , "" ~, ..., , PURCHASING DEPARTMENT MEMORANDUM ---~.~ ....._. .~--_._- -.~._,,--_. ....,."..-....---.... ~.,._-,.,_.~.. ... _._,,~_. -.---....---.--- ..----.--.---.---------.--..--------'. 0."- _.___ .. ~ e....._....··, _ un~"__ __'.'___ ... ._,"__..~"._..... TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: April 16, 2007 RE: Permission to advertise and issue a Request for Qualifications (RFQ) for an operator for the Central Florida Foreign Trade Zone #218. Backaround: Foreign Trade Zone #218 received its grant on October 24, 1996, and the zone was approved for activation on October 23, 2001. Although a number of company inquiries were received, no companies pursued activation. Staff continues to aggressively market Foreign Trade Zone #218, but still have not had a company take advantage of the benefits that the Foreign Trade Zone can offer. The Foreign Trade Zone #218 Board of Directors have been deliberating as to what should be done with the Zone. In September 2006, County staff and the FTZ Board of Directors had an FTZ Workshop with a consultant presenting on key topics, including topics such as Why have an FTZ? Marketing of the Zone, Local Industry Review, FTZ Operations without a Seaport, Handling of FTZ Paperwork, and where to go from here. After the workshop in September, an FTZ mission statement was drafted, FTZ boundaries were confirmed, a survey of local FTZ land owners was conducted, and possible FTZ beneficiaries were contacted. At the Annual FTZ meeting in March 2007, the "direction of the FTZ" was the main topic of discussion. It's been determined that many FTZ's are successful by hiring an outside Operator to come in and operate the Zone, separating the Grantee from the operation of the Zone. Listed below are the reasons the Central Florida Foreign Trade Zone #218 is pursuing an Operator: - The Zone Grantee (St. Lucie County) does not have the staff to market, manage or operate the Zone. The Zone Grantee, St. Lucie County, does not have the funding to serve as the Operator of the Zone or to hire an individual with the expertise to serve as the Operator of the Zone. Central Florida Foreign Trade Zone #218 has been in place for over 10 years, and has never been used by a company. An Operator would bring FTZ expertise that has not been available to the Grantee (St. Lucie County) at the local level. Staff believes that the The Foreign Trade Zone is a great economic development asset that needs to be developed to reach its maximum potential. Companies can greatly benefit from the savings that conducting business within a Foreign Trade Zone can produce; while bringing to life an economic incentive that has remained dormant since it's inception. Recommendation: Staff requests Board approval to advertise and issue a Request for Qualifications (RFQ) for an operator for the Central Florida Foreign Trade Zone #218. -.. - . ',' _ '.' -. it . ,. ,.' " . . 'I- .,:; ~1'!-'.' ." '.1:' . ,.,. '.. ' .. ..~ .....' .. ',- .. " ' 1 . .. ....:> PURCHASING DEPARTMENT MEMORANDUM ,--'-'" --'~.'~'.,~---,.~ ~'.-~'- ......_-~~_._,--_._....._.-...~_._."' ~ ~.~..-_._.~--~_.__._---_.._------_.__.__._-- -~-'"'-"-'.'~"---'~- - ....-. - ". - .~......-.._-.--_.. .....-. >, "." ,,__·_··__."_·._h~^_"~_~'" __.._,_'... _... ,._<> TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: April 16, 2007 RE: Permission to advertise and issue a Request for Qualifications (RFQ) for an operator for the Central Florida Foreign Trade Zone #218. Backaround: Foreign Trade Zone #218 received its grant on October 24, 1996, and the zone was approved for activation on October 23, 2001. Although a number of company inquiries were received, no companies pursued activation. Staff continues to aggressively market Foreign Trade Zone #218, but still have not had a company take advantage of the benefits that the Foreign Trade Zone can offer. The Foreign Trade Zone #218 Board of Directors have been deliberating as to what should be done with the Zone. In September 2006, County staff and the FTZ Board of Directors had an FTZ Workshop with a consultant presenting on key topics, including topics such as Why have an FTZ? Marketing of the Zone, Local Industry Review, FTZ Operations without a Seaport, Handling of FTZ Paperwork, and where to go from here. After the workshop in September, an FTZ mission statement was drafted, FTZ boundaries were confirmed, a survey of local FTZ land owners was conducted, and possible FTZ beneficiaries were contacted. At the Annual FTZ meeting in March 2007, the "direction of the FTZ" was the main topic of discussion. It's been determined that many FTZ's are successful by hiring an outside Operator to come in and operate the Zone, separating the Grantee from the operation of the Zone. Listed below are the reasons the Central Florida Foreign Trade Zone #218 is pursuing an Operator: The Zone Grantee (81. Lucie County) does not have the staff to market, manage or operate the Zone. The Zone Grantee, 81. Lucie County, does not have the funding to serve as the Operator of the Zone or to hire an individual with the expertise to serve as the Operator of the Zone. Central Florida Foreign Trade Zone #218 has been in place for over 10 years, and has never been used by a company. An Operator would bring FTZ expertise that has not been available to the Grantee (S1. Lucie County) at the local level. Staff believes that the The Foreign Trade Zone is a great economic development asset that needs to be developed to reach its maximum potential. Companies can greatly benefit from the savings that conducting business within a Foreign Trade Zone can produce; while bringing to life an economic incentive that has remained dormant since it's inception. The ongoing funding for the FTZ operator will come from fees charged to the companies using the FTZ. A fee structure will be negotiated between the Operator and the County. Recommendation: Staff requests Board approval to advertise and issue a Request for Qualifications (RFQ) for an operator for the Central Florida Foreign Trade Zone #218. . r"'JÌ~I~ i'ttt', ~¡¡;'¡'''' '.', .1~"'~ '~1i. '{,,'-,>,'~.~j~ ,f)[t·;'~~· ~~t~'9·.,~ " ....,."J~''''"^-'Ji11.t1 \-:,~ ;dG· '1~~> 41.;~;..." .':';s;iI. "',/ ¡,¡,~~.,(,;,~,,;¡;} ITEM NO. C-7C DATE: 4/24/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) ~:~b:&Ii~t:i~1V:·}('",· .,.~~¥tJili~~~~~~ ~ t}..:~:,,;< ,"0 '~~ '>~~~::;~~~i~~,,~; TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Director SUBJECT: Award of RFP #07-038 - Hazardous Household Waste Collection - Solid Waste Department BACKGROUND: See the attached memo. FUNDS AVAilABLE: Account #401-3410-f.at/-OOO-gOO (Other Contractual Services) PREVIOUS ACTION: N/A RECOMMENDATION: The Selection Committee recommends approval to award RFP #07-038- Hazardous Household Waste Collection Services to the top ranked proposer, Clean Harbors Environmental Services, Inc and permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~j APPROVED () DENIED ( ) OTHER Approved 5-0 Coord ination/Siq n atu res Cl:/ County Attorney (X) .Jð.. Solidwaste Dept. (X) ~- . M7 \^r\ \\ ~\ - Mgt. & Budget (X) ~ ~ Other ( ) Purchasing (X) ~;B-.- Other ( ) Finance: (check for copy, only if applicable)_ ÌI i~~~~~~~·,·,';¡i·: :r,~~4 ·,;~t't~~~~¡~f~~~~:~¡t f ··J0¡''?t~ }ïl~\, ~ ~¡ .~ !~~ri i/~, PURCHASING DEPARTMENT Neil Appel, Director BOARD OF COUNTY COMMISSIONERS 2'ft~1~-;~1f~~t;~:~{fIJJf~t¡:~ > ":j?:, "" t~ ,,):¡~:; ".' "~,, î . MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: April 16, 2007 Re: Award of RFP #07-038 - Hazardous Household Waste Collection *********************************************************************************************************** BACKGROUND: On April 4, 2007 proposals were opened for RFP #07-038 - Hazardous Household Waste Collection. Five hundred and sixty (560) vendors were notified, eight (8) documents were distributed, and two (2) responses were received. The Selection Committee met on April 12, 2007 to review all proposals. The firms were ranked as listed. Rank 1) Clean Harbors Environmental Services, 2) C.A.R.E. Environmental Points 296 261 RECOMMENDATION: The Selection Committee recommend approval to award RFP #07 -038 - Hazardous Household Waste Collection Services to the top ranked proposal, Clean Harbors Environmental Services, Inc. and permission for the Chairman to sign the contract as prepared by the County Attorney. -( .;;2'-'~~;t~:}~!~t~:~~'t:~~ :' \ 1, ,~'f~",Tt7~f' .", ;. :-> ~ « %~. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, CP.M. PURCHASING DIRECTOR ~~~ .(".. . ',.' < ,,,; <., ... ¡ r.r~ v' '. ;;- ,''" 'fI. ' ," ¡ ~' ,<-\ ~ 'rot ~~r.~,'" , ~ ...'" of ~ TABULATION SHEET - RFQ #07-038 SOLID WASTE HAZARDOUS HOUSEHOLD WASTE COLLECTION OPENED: APRIL 4, 2007 2:00 pm Two (2) submittals were received for subject proposal: CARE ENVIRONMENTAL CORP Contact: Francis J. McKenna, Jr. Phone: 800-494-2273 Fax: 973-361-5550 Address: 10 Orben Drive, Landing, NJ 07850 CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. Contact: Jeff Birkeland Phone: 863-533-6111 Fax: 863-519-6363 Address: 42 Longwater Drive, Norwell, MA 02061 NUMBER OF COMPANIES NOTIFIED*: 560 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 8 NUMBER OF BIDS RECEIVED: 2 * - Per demandstar.com .. , ITEM NO. C-7D DATE: 4/24/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasinq Director SUBJECT: Rejection of all Bids for ITB #07-054, lIous Ellis Park Splash Park BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends that the Board reject all Bids received for Bid #07-054 because they exceed the project budget. COMMISSION ACTION: CONCURRENCE: ()('APPROVED () DENIED ( ) 'OTHER Approved 5-0 County Attorney (X) Parks & Rec (X) Coordination/SiQ natures Mgt. & Budget (X)~ Other ( ) ( " Purchasing (X) .7'<:V Other ( ) Finance: (check for copy, only if applicable)_ -~ PURCHASING DEPARTMENT MEMORANDUM 'n~_~ _ _'. _.._ _'__h _~ --+_. ~~ TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: April 17, 2007 RE: Rejection of all Bids for ITB #07-054, Ilous Ellis Park Splash Park Backaround: On April 11 ,2007 four submittals were received for Bid #07-054 - lIous Ellis Park Splash Park. Five hundred fifty (550) companies were notified, thirty nine (39) bid documents were distributed, and four submittals were received (bid tabulation attached). Since all bids exceeded the $214,381 budget, staff recommends that all bids be rejected. Recommendation: Staff recommends that the Board reject all Bids received for Bid #07-054 because they exceed the project budget. NNak -, BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR Bid #07-054 TABULATION SHEET ILOUS ELLIS PARK SPLASH PARK OPENED: APRIL 11,2007 AT 2:30 P.M. Total Bid Price AMW Construction, Inc. 2296 North US 1, Fort Pierce, FL 34946 $397,530.00 Fax: (772)467-9859 T&G Constructors 8491 NW 1ih Street, Suite 110, Miami, FL 33126 $420,000.00 Fax: (305) 592-0559 Kirchman Construction Co. 2597 SE Delmar Street, Stuart, FI 34997 $438,700.00 Fax: (772) 283-1570 Hennis Construction Company, Inc. 18500 Glades Cut-Off Road, Port S1. Lucie, FI 34987 $517,500.00 Fax: (772) 464-4114 Number of companies notified*: 550 Number of bid documents distributed*: 39 Number of bids received: 4 *per demandstar.com -). , 'h \\} ,~~~~~ ~~~~~~~~T ~~~:~¡¡;i~4';"tf:;~);"~&~lJ;~?1 " ~ '" r' v' II!' i<' ~ ~8:~ ,'i,' ~!f.tí ,,~t.:, .cy ~ 1 ~,. ~ y" , H . .., ~'I ~~,'/&,~1J\o;l~¡!~~",,,"i\'j~¡I~.4f "f~" ,~'-.~,<",..J",";1~ ,~,;;,,<,~¡;} ITEM NO. C-7E DATE: 04/24/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Neil Appel. Purchasinq Director SUBJECT: Permission to advertise a Request for Proposals for Surfing Businesses to provide surfing lessons on County Beaches. BACKGROUND: To solicit vendors to provide proposals to teach and educate surfers in the safe and responsible ways of surfing. FUNDS AVAilABLE: N/A PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Staff recommends approval for the request for permission to advertise a Request For Proposal (RFP) for Surfing Businesses to provide surfing lessons on County Beaches. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED () DENIED ( ) OTHER DOUG ANDERSON COUNTY ADMINISTRATOR Coordination/Signatu res 91/ County Attorney (X) {i- Parks & Rec. (X) t Mgt. & Budget (~ :'is* Other ( ) --;(:7 Purchasing (X) ,{t¡1 ~. ,,- Other ( ) Finance: (check for copy, only if applicable)_ " ~0~1~":ïÞJ.1~t~~~~J^~ ~~1 ~j~~~, ~~'~~~t:r~~,11¡1~ ;~~; ~:; ~~(~~"t:¡ ¿t., , ,.~".~ ". e < , " ,. ~ PURCHASING DEPARTMENT MEMORANDUM XI _~¡¡~~~:> Í't~~5 ,( i,$Z / ~ 1~ ,:~s'ip'::~:~~~&+~~~'IÌ~~:~1;ii: ~:;'4:MJJ~~!.~ "'_'_'~_<_______"'"___"__'_'__'"""""_~_.'_"""_"_W'~___~___'~__'__'''__''_'__'''A~_'___~____'_'__'____~.-,-..,......-- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: April 17, 2007 RE: Permission to advertise and issue a Request for Proposals (RFP) for Surfing Businesses to provide Surfing Lessons on County Beaches. Backaround: In October of 2003 the Purchasing Department issued a Request for Proposals (RFP) to solicit vendors to provide proposals to teach and educate surfers in the safe and responsible ways of surfing. The contractor pays the County a fee to provide this service. Contract #C03-11-820 was awarded to Geoffrey Schmidt Enterprises, Inc. the only response that was received. The term of the contract was for 2 years and expired in November of 2005. Recommendation: Staff requests Board approval to advertise and issue a Request for Proposals (RFP) for Surfing Businesses to provide Surfing Lessons on County Beaches. IlEM NO. C8 DATE: April 24. 2007 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) PRESENTED BY: SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to approve the agreement between SprintlNextel and St. Lucie County for the 800 MH2 rebanding. BACKGROUND: See Attached Memo. The FCC is mandating all 800 MHz agencies move to new frequencies. FUNDS AVAILABLE: Project will be funded by SprintlNextel. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve and have the Chairman sign the agreement between SprintlNextel and St. Lucie County for the 800 MHz rebanding. COMMISSION ACTION: ~ ':APPROVED DENIED OTHER: Review and Approvals Approved 5-0 ""anagement and Budget: \\\\,~ Purchasing: Other: Other: Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: Jack T Southard, Direct0W SUBJECT: 800 MHz SprintjNextel Rebanding Agreement DATE: April 24, 2007 ***************************************************************** The FCC is mandating all 800 MHz agencies move to new frequencies. Currently, our 800 MHZ system talks to our units in a frequency band of 866 to 869 MHZ. Immediately above us is AT&T cellular service and below us is Nextel. Both of these providers use low towers with high power. The proximity of their signals to our signals causes our field units to be unable to hear. Rebanding moves us to the range of 851 to 854 MHZ. Nextel relocates from 862 MHz on up to 869.This moves us far away from Nextel and others in frequency. This is being funded by Sprint Nextel in exchange for spectrum in the 1.8 GHz band. CONFIDENTIAL PLANNING FUNDING AGREEMENT [800 MHZ RECONFIGURATION] This PLANNING FUNDING AGREEMENT ("Agreement") is made this _ day of --' 200-, by and between the County of St. Lucie, a political subdivision of the state of Florida ("Incumbent"), having an address of 101 N. Rock Rd., Ft. Pierce, FL 34945, and Nextel Operations, Inc., a wholly owned indirect subsidiary of Sprint Nextel Corporation, a Kansas corporation ("Nextel") having an address of 2001 Edmund Halley Drive, Reston, VA 20191. Nextel and Incumbent may be referred to collectively in this Agreement as the "Parties." RECITALS: A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a report and order to reconfigure the frequency allocations in the 800 MHz band ("Reconfiguration"), including frequency allocations on which Incumbent and Nextel are currently authorized to operate (respectively, the "Incumbent Frequencies" and "Replacement Frequencies"). B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. The August 6, 2004 and December 22, 2004 FCC orders, any binding actions issued by the Transition Administrator pursuant to its delegated authority under the orders ("Actions"), and any supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after the date of this Agreement, are colleCtively referred to as the "Order." C. Pursuant to the Order, Nextel and Incumbent intend to enter into a 800 MHz Frequency Reconfiguration Agreement ("Reconfiguration Agreement") that will define the Parties' respective obligations regarding the Reconfiguration, including without limitation Nextel's obligation to pay for reasonable costs incurred in effecting the Reconfiguration. AGREEMENT: 1. Plan nine: Cost. In order to facilitate negotiation of the Reconfiguration Agreement involving the license(s) for the Incumbent Frequencies granted by the FCC as identified in Schedule A (the "Incumbent Licenses") and in accordance with the work described in the Statement of Work attached to this Agreement as Schedule B, Nextel will pay the cost of the planning activities identified on Schedule C attached hereto ("Planning Cost") in an amount not to exceed the Planning Cost estimate set forth on Schedule C ("Planning Cost Estimate"). All Planning Costs incurred for internal labor must be consistent with the Transition Administrator Incumbent Labor Rate Reimbursement Policy as set forth at www.800TA.org. The planning activities and deliverables identified in Schedule B will commence upon execution by both Parties of this Agreement ("Agreement Execution") and will be completed no later than twenty-six (26) weeks following Agreement Execution. 2. Payment Terms. Nextel will make payments in accordance with the payment terms identified on Schedule C for both payments made directly to Incumbent and payments made on behalf of Incumbent directly to each third party vendor or service provider identified on Schedule ç ("Planning Vendor"). 3. Confidentiality. The terms of this Agreement and any proprietary, non-public information regarding the Incumbent Frequencies, Replacement Frequencies, Nextel's business and Incumbent's business must be kept confidential bý the Parties and their employees, shareholders, agents, attorneys and accountants (collectively, "Agents"), which confidentiality will survive final payment Page 1 of 16 CONFIDENTIAL or termination of this Agreement for a period of three (3) years. The Parties may make disclosures as required by law and to the Transition Administrator as required to perform obligations under this Agreement, provided, however, that each Party will cause all of its Agents to honor the provisions of this Section. Nextel, Incumbent and their respective Agents may make disclosures regarding the terms of this Agreement to other public safety licensees and their Agents. Each party involved in such disclosures shall cause all of its Agents to confine the disclosure of the terms of this Agreement to only public safety licensees and will advise the party to whom the disclosure was made, to limit further disclosure to only public safety licensees in accordance with the FCC Order, WT Docket No. 02-55, adopted January 8, 2007. 4. Review Ri!!hts. In order to enable the Transition Administrator to comply with its audit obligations under the Order, Incumbent agrees to maintain records and other supporting evidence related to the costs tha~ Incumbent has expended in connection with planning activities related to the Reconfiguration and that Nextel has paid or will pay to Incumbent pursuant to this Agreement. Incumbent agrees to maintain such records and make them reasonably available to the Transition Administrator for review or reproduction until twenty-four (24) months after Closing, as defined in Section 7, or for a longer period if Incumbent, for its own purposes, retains such records for a longer period of time. As used in this provision, "records" includes books, documents, accounting procedures and practices and other data regardless of type and regardless of whether such items are in written form, in the form of computer data or in any other form. 5. Chan!!es. If either Party believes that a change to the planning activities contemplated by the Planning Cost Estimate is required (including changes by Planning Vendors), such Party will promptly notify the other Party in writing. Such written notice (the "Planning Funding Change Notice") shall set forth (i) a description of the scope of the change believed to be necessary and (ii) an estimate of any increase or decrease in the Planning Cost Estimate and in the time required to finish planning for the reconfiguration of Incumbent's existing facilities. A Party receiving a Planning Funding Change Notice shall immediately perform its own analysis of the need for and scope of the change and its impact on the Planning Cost Estimate and within fourteen (14) business days schedule and negotiate the change in good faith with the other Party. Within ten (10) business days after the Parties have agreed upon a change to this Agreement, they shall prepare a proposed amendment to this Agreement pursuant to Section 13 and submit to the Transition Administrator a copy of the proposed amendment together with a written request for its approval. Such request shall be accompanied by reasonable documentation supporting the need for and scope of the change and any proposed increase or decrease in the Planning Cost Estimate and in the time required to finish planning for the reconfiguration oflncumbent's,existing facilities. Incumbent is responsible for all changes necessary as it relates to work performed by a Planning Vendor on behalf of Incumbent. No change to the Planning Cost Estimate, the planning activities contemplated by the Planning Cost Estimate or the time required to finish planning for the Reconfiguration of Incumbent's existing facilities shall become effective until the Transition Administrator has approved the change in writing and both Parties have signed an amendment incorporating such approved change into this Agreement pursuantto Section 13. 6. Disputes. The Parties agree that any dispute related to Nextel's obligation to pay the cost of any planning activities related to the Reconfiguration of Incumbent's system contemplated by this Agreement, which is not resolved by mutual agreement, shall be resolved in accordance with the dispute resolution provisions of the Order, as it may be amended from time to time. 7. Closin!!. The closing ("Closing") of the transactions contemplated by this Agreement will take place after delivery by Incumbent to Nextel of: (i) all receipts, invoices and other documentation required to substantiate the actual costs of the planning activities contemplated by the Planning Cost Estimate ("Actual Planning Costs"), and certification that any Actual Planning Costs incurred for internal labor are consistent with the Transition Administrator policy on Incumbent Labor Rate reimbursement as identified at www.800TA.org; and (ii) a copy of all deliverables required to be delivered pursuant to the Statement of Work. Prior to Closing, Incumbent will submit to Nextel Page 2 of 16 .' CONFIDENTIAL documentation (including without limitation invoices, receipts, and timesheets or equivalent documentation) demonstrating the Actual Planning Costs. Upon receipt by Nextel of documentation of the Actual Planning Costs, Nextel and Incumbent will within twenty five (25) business days reconcile the Actual Planning Costs against the payments made by Nextel to Incumbent pursuant to this Agreement and the Parties will agree upon the amount of any additional payments due to Incumbent or any refunds due to Nextel. 8. Reconciliation. The effective date of agreement on reconciliation of the Actual Planning Costs and signing of the Closing documents by both Parties is considered the "Planning Funding Reconciliation Date." Any additional payments due to Incumbent from Nextel will be disbursed to Incumbent within thirty (30) days of the Planning Funding Reconciliation Date, provided the additional payments do not result from Actual Planning Costs that exceed the Planning Cost Estimate. Any refunds due to Nextel from Incumbent will be made within thirty (30) days of the Planning Funding Reconciliation Date. In the event Incumbent's Actual Planning Costs exceed the Planning Cost Estimate, Incumbent must submit a Planning Funding Change Notice pursuant to Section 5 of this Agreement describing the change in scope of work that resulted in Incumbent's Actual Planning Costs exceeding the Planning Cost Estimate. Approval of any Planning Funding Change Notice will not be automatic but will be processed in accordance with Section 5 of this Agreement. Additional payments due to Incumbent, which result from an excess of Actual Planning Costs over the Planning Cost Estimate, as agreed on the Planning Funding Reconciliation Date, will be disbursed to Incumbent within thirty (30) days of the Transition Administrator's approval of a Planning Funding Change Notice and execution by both Parties of an amendment incorporating such approved change into this Agreement pursuant to paragraph 13. 9. Vendor Performance Issues: Incumbent will select and contract directly with any vendor or service provider performing the planning activities. Neither the Transition Administrator nor Nextel will be responsible for, or assume the risk of any failure of that Planning Vendor to perform its obligations under any contract entered into between Incumbent and such Planning Vendor in connection with this Agreement. 10. Termination. This Agreement may be terminated and the transactions contemplated by this Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) for cause by either Party upon material breach of the other Party, following a thirty (30) day period for cure by the breaching Party following written notice of the breach or (iii) by Nextel in the event of any Adverse Decision by any governmental entity of competent jurisdiction affecting the Order. For purposes of this Agreement, an "Adverse Decision" means an order, decree, opinion, report or any other form of decision by a governmental entity of competent jurisdiction that results, in whole or part, in a stay, remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel determines, in its reasonable discretion, to be adverse to its interests. In the event of termination due to an Adverse Decision, Nextel will pay Incumbent for all costs incurred up to the date of termination plus (i) any and all costs which Incumbent is contractually obligated to pay to any Planning Vendor, notwithstanding termination and (ii) any and all costs, if any, needed to return Incumbent's existing facilities to the status quo. 11. Notices: All notices and other communications under this Agreement must be in writing and will be deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the next business day if sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) business days if sent by certified mail, return receipt requested, postage prepaid. All notices are to be delivered to the Parties at the following addresses: Page 3 of 16 CONFIDENTIAL If to Incumbent, to: Ifto Nextel, to: St. Lucie County Nextel Operations, Inc. 101 N. Rock Rd. c/o Sprint Nextel Corporation Ft. Pierce, FL 34945 2000 Edmund Halley Drive Attn: Gregory T. Bunting, Information Reston, VA 20191 Systems Coordinator Attn: Heather P. Brown, Esq. Phone: (772) 462-1902 Phone: (703) 433-4000 Fax: (772) 462-1808 Fax: (703) 433-4483 E-mail: GBUNTING@stlucieco.gov With a copy that shall not constitute Notice: Sprint Nextel Corporation 6575 The Comers Parkway Norcross, GA 30092 Attn": William M. Jenkins, VP Spectrum Resources Phone: (770) 326-7484 Fax: (678) 405-8252 And a copy that shall not constitute Notice to: Sprint Nextel Corporation Attn: Rob Easton, Director, Spectrum Development 114 Coronation Circle Bountiful, UT 84010 Fax: (801) 296-6556 Phone: (801) 294-4810 12. Assi!!nment: This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. Either Party may assign this Agreement to any direct or indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party. 13. Amendments: This Agreement, including without limitation the scope of the planning activities contemplated hereby and the Planning Cost Estimate thereof to be paid by Nextel, may be amended or modified only by a written instrument signed by authorized representatives of both Parties, provided. however, no amendment or modification to this Agr~ement shall become effective until approved by the Transition Administrator. ' 14. Benefits: This Agreement is for the benefit of the Parties and their successors and permitted assigns, and nothing in this Agreement gives or should be construed to give any legal or equitable rights under this Agreement to åny person or entity, other than (i) the successors and assigns of the Parties, and (ii) the Transition Administrator as specifically provided for in Sections 3, 4, 5, 8, 9 and 13. 15. Miscellaneous: If any provision( s) of this Agreement is held in whole or part, to be invalid, void or unlawful by any administrative agency or court of competent jurisdiction, then such provision(s) will be deemed severable from the remainder of this Agreement, will in no way affect, impair or invalidate any other provision contained in the Agreement and the Parties will use their Page 4 of 16 CONFIDENTIAL commercial1y reasonable efforts to amend this Agreement to make the unlawful provision compliant with applicable law so as to preserve the rights and obligations of the Parties. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement, together with the Schedules, constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes al1 prior oral or written agreements or understandings. This Agreement is governed by the laws of the state of Florida without regard to conflicts of law principles thereof. Subject to Section 6 herein, the Parties agree that the proper venue for any proceeding at or equity shall be St. Lucie County, Florida and no other forum. This Agreement may be executed in one or more counterparts, including by facsimile, which will be effective as original agreements of the Parties executing the counterpart. 16. Limitation of Liabilitv: Nextel hereby agrees that Incumbent shall not be liable to Nextel for damages in an amount in excess öf any funds expended by Nextel to Incumbent or on Incumbent's behalf and pursuant to Incumbent's approval for any action or claim for breach of contract arising out of performance or non-performance of any obligations imposed upon Incumbent by this Agreement; provided, however, certain Exclusions (as defined herein) may occur that shall cause this Section 16 to not apply and, therefore, Incumbent shall not be entitled to limitation of liability pursuant to this Section. Specifically, the Exclusions are: (i) fraud or grossly negligent actions or omissions of Incumbent arising out of the performance of this Agreement; (ii) breach of Confidentiality as provided in Section 3 herein; (iii) failure of Incumbent to properly maintain records and other supporting evidence of costs expended under this Agreement; (iii) failure of Incumbent to properly acknowledge goods and services provided and associated costs from a Planning Vendor invoice; and (iv) failure of Incumbent to accurately certify the comparability of costs of Planning Vendors. Nothing contained in this Section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Incumbent's liability as set forth in Section 768.28, Florida Statutes. In consideration of the mutual consideration set forth herein, this Agreement is effective as a legally binding agreement between the Parties upon execution by the Parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives. INCUMBENT: St. Lucie County, Florida NEXTEL: Nextel Operations, Inc. By: By: Name: Name: Title: Title: Page 5 of 16 CONFIDENTIAL SCHEDULE A . INCUMBENT LICENSE(S) INVOLVED IN PLANNING ACTIVITIES Licensee Organization Name: St. Lucie, County of Licensee City, State and Zip: 101 N. Rock Rd. Ft. Pierce, FL 34945 Call Sign (one call Two-Letter Service Call Sign Expiration Licensee Name sign per cell) Code Date WPXM233 GF 05.;.02-2013 St. Lucie, County of WPXK779 YF 04-24-2013 St. Lucie, County of Page 6 of 16 CONFIDENTIAL SCHEDULE B STATEMENT OF WORK 1.0 System DescriDtion Narrative System Description: St. Lucie County installed a four-site Motorola Smart Zone 3.0 trunking system in 2001. This consists of three simulcast sites of 20 NPSPAC channels and one Inteli-Repeater site offour 855-859 channels. There are also TAC repeaters, Tac 3 (867.5125) at the three simulcast sites and Tac 4 (869.0125) at the IR site. The system serves 9 Primary Agencies; City ofFt. Pierce, City of Port St. Lucie, St. Lucie County Fire District, Ft. Pierce Police Dept., Port St. Lucie Police Dept., St. Lucie County School District, St. Lucie County, BOCC, St. Lucie Sheriff's Office, and St. Lucie County Public Safety as their primary communications system. Table System Description: 1821 Number of mobile units used for day-to-day communications covered by this RFPF (used to calculate per unit cost); include control stations and SCADA units 1826 Number of portable units used for day-to-day communications covered by this RFPF 26 Number of channels covered by this RFPF (exclude channels not to be reconfigured) 4 Number of sites to be inventoried under this RFPF 9 Number of entities using the 800 MHz system being reconfigured 2.0 Freauencv Analvsis 2.1 Combiner and Receiver Multi-couDler Suitability Our service vendor will have to evaluate the suitability of the existing combiners and receiver multicouplers impacted by this rebanding. 2.2 Intermodulation Study Page 7 of 16 CONFIDENTIAL potential to impair base station receivers. EOC, Rim Ditch Licensee's fixed receive antenna is proximate to a Yes Port St. Lucie HS, Landfill, transmitting antenna other than vour own. EOC, Rim Ditch Landlords or site managers of shared transceiver sites Yes Port St. Lucie HS, Landfill, requiring an analysis of the 1M environment as part of EOC, Rim Ditch site agreements when changing transmitting frequencies. Frequency and Interference Analysis deliverables include: ~~§*~~~~t~~~~r~~t:~:§~~@~~~~~f{~;¡~l~2f';~;;~:~~::'DêliYèråblés~~f~~1~ti#~î~;~t~~\~}f$£~~~~i~f#~'t~~t~t~~. :í,~~E~tfm1it€d,Dât~:ròtJt()'i6plèHôff:~{!1(;;' Combiner Suitability report for reconfiguration proposal 4.6 months after kick-off meeting (and NLT 26 weeks following . Agreement Execution) Inter-modulation analysis report for reconfiguration proposal 4.6 months after kick-off meeting (and NLT 26 weeks following Agreement Execution) Vendor Labor Table 3.0 System Inventory 3.1 Infrastructure Inventory Our vendor (Motorola) will have to inventory and detennine suitability and action required by the rebanding. This work must be conducted on an operational system and not interrupt or degrade the performance of the system during or following the process. 3.2 Subscriber Inventory St. Lucie County (public Safety Department personnel) will.conduct an inventory of all 3647 subscriber units to detennine suitability and required action for this rebanding. This inventory is to be performed on 'In Service' units and must be conducted in a manner as to minimize the impact and inconvenience to the users. System Inventory deliverables include: f:;~4~f¿~Jš'~~k~;~î~t~tr::~11~;~~~t.~ñé)iv¢räJjìê's.'''_~I;: '~~WS~~\~ j~f.l§'t.:m~t~d;pãf~ºflqijfif'CI~{.Õqlf.1 Infrastructure Inventory report for reconfiguration proposal 4.6 months after kick-off meeting (and NLT 26 weeks following A eement Execution) Subscriber Inventory report for reconfiguration proposal 4.6 months after kick-off meeting (and NLT 26 weeks following A eement Execution) Page 8 of 16 CONFIDENTIAL Internal Labor Table Vendor Labor Table 4.0 Enl!:ineerinl!llmplementation Planninl! 4.1 Interoperabilitv Planninl! Vendor (Motorola) will coordinate wit Martin, Okeechobee, Indian River, Orange, Osceola, and Palm Beach counties to insure interoperability during the rebanding process. 4.2 Site Reconfil!uration Planninl! Vendor (Motorola) will plan for the reconfiguration of all four sites involved in the rebanding process. 4.3 RetunelReprol!ramlReplace Determination Vendor (Motorola) will detennine the necessary action to be taken regarding the Fixed Network Equipment required due to the rebanding process. EngineeringlImplementation Planning deliverables include: Suitability assessment report for reconfiguration proposal .~ l'[.....~~:.~I(.ijl1; I.L~".,.~fiø."..:. 4.6 months after kickoff call (and NL T 26 weeks following Agreement Execution) 4.6 months after kickoff call (and NL T 26 weeks following Agreement Execution) 4.6 months after kickoff call (and NL T 26 weeks following Agreement Execution) 4.6 months after kickoff call (and NL T 26 weeks following Agreement Execution) 4.6 months after kickoff call (and NLT 26 weeks following Agreement Execution) Methods and Procedure Development Cut-over and fallback document Baseline and Acceptance test plan document Page 9 of16 CONFIDENTIAL Vendor Labor Table Engineeringl Implementation Planning Interoperability Plannin Site Reconfiguration Plannin Retune/Reprogram/ Replace Determination 129.00 $175.00 22,575.00 Motorola 108.00 $175.00 18,900 Motorola 5.0 Lel!al Costs (Limited to attorney's fees. no proiect manae:ement costs) 5.1 PFA Nee:otiations Liebowitz & Associates will provide legal, negotiations, and contract review. 5.2 PF A Contract Review St. Lucie County requires all Contracts be reviewed by its Legal Department. 5.3 FRA Nee:otiations (optional) 5.4 FRA Contract Review (optional) Vendor Labor Table - PFA *Negotiations not applicable for Fast Track 6.0 Proiect Manal!ement 6.1 Plan nine: Support Vendor (Motorola) will oversee the project plan for the rebanding effort to ensure a smooth execution of all deliverables and that the requirements of St. Lucie County are fully met. 6.2 Nel!otiations Support Vendor (Motorola) will, where needed, review and clarify details of the rebanding plan which may be require by Sprint Nextel, the Transition Administrator, or St. Lucie County. Page 10 of 16 CONFIDENTIAL Project Management deliverables include: -~~~f~î~it?lJt~.f~~£Æ1t~~~~~~D¢liýêtâbles:ti)%~~~~~tifœ~ ~~~S'ti\Ifìit~ðiJ5ìi(~;Df~õñfôîê}iQìtit:~ Execute Proj ect Management Plan At the end of the project schedule (and NLT 26 weeks following Agreement Execution) Vendor Labor Table Project Management Planning Support Variable Project Su ort Negotiations Su ort* *Negotiations support expected to be minimal or not applicable for Fast Track 7.0 Other Other deliverables include: St. Lucie County personnel to oversee all work ; _' ." ··<:~n~î~pj~ ' County oversight and coordination with service vendor (Motorola) to make sure the rebanding plan has the least impact on daily communications and presents no hidden costs to be born by the Coun . Internal Labor Table Plan oversight and coordination ~]~!~!~~~~,~~~~1'~ ;:-: 8.0 Schedule ST. LUCIE estimates this work effort will required approximately 4.6 months to complete. Start Date End Date Agreement Execution 26 weeks following Agreement Execution Page 11 of 16 CONFIDENTIAL OVERALL SUMMARY LABOR COST ESTIMATE TABLE: Frequency Motorola 5075.00 0.00 5075.00 Analysis System Motorola 7875.00 0.00 9,875.00 Inventory St. Lucie $2000.00 County Engineering and Motorola 42,350.00 4673.00 47,023.00 Implementation Planning Legal Costs Liebowitz & $8500.00 0.00 8500.00 Associated with Associates, Planning PA Funding Agreement Project Motorola 22,925.00 2,336.00 25,261.00 Management Other St. Lucie 2000.00 0.00 2000.00 County Total 4,000.00 86,725.00 7009.00 97,734.00 Estimated Planning Costs Page 12 of 16 CONFIDENTIAL SCHEDULE C 800 MHZ RECONFIGURATION PLANNING COST ESTIMATE - CERTIFIED REQUEST Incumbent's Name: St. Lucie County. Florida Request for Plannine Fundine Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel to fund the following estimated planning costs: Incumbent Payment Terms: Nextel will pay Incumbent an amount not to exceed the Planning Cost Estimate for Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent Two Thousand Dollars ($2,000.00) within 15 days (30 days if Incumbent elects to be paid by check rather than electronic funds transfer) after receipt by Nextel ofthe fully executed Agreement and fully completed Incumbent Infonnation Fonn (as set forth on Exhibit 1). Nextel will pay any outstanding balance ofthe Actual Planning Costs due to Incumbent within 30 days after the Planning Funding Reconciliation Date (as "Actual Planning Costs" and "Planning Funding Reconciliation Date" are defined in this Agreement). Vendor Payment Terms: Nextel wj11 pay each Planning Vendor an amount not to exceed the Planning Cost Estimate for that Planning Vendor with respect to each category of work, as set forth below. Nextel will pay each Planning Vendor within 30 days after receipt by Nextel of (A) an invoice from the Planning Vendor'and (B) Incumbent's approval of receipt ~f goods and services and approval of associated costs included on the Planning Vendor invoice. Description of Planning Work To Payee (separately identify Planning Cost Be Performed Incumbent and each Planning Estimate for Vendor being paid for work Incumbent and performed) each Planning Vendor (Not to exceed listed amount) Legal - See Statement of Work Liebowitz & Associates, P.A. $8,500.00 Schedule B Frequency Analysis - See Statement Motorola $5,075.00 of Work Schedule B System Inventory - See Statement of Motorola $7,875.00 Work Schedule B St. Lucie County $2,000.00 Engineering and Implementation Motorola $47,023.00 Planning - See Statement of Work Schedule B Page 13 of 16 CONFIDENTIAL Project Management - See Statement Motorola $25,261.00 of Work Schedule B Other- See Statement of Work St. Lucie County $2,000.00 Schedule B Total Estimated Plannine: Costs $97,734.00 Certification Pursuant to the Order, Incumbent hereby certifies that the funds requested are the minimum necessary to support the planning activities to provide facilities comparable to those currently in use. Incumbent further certifies, to the best of Incumbent's knowledge, that any Planning Vendor costs listed on Schedule C are comparable to costs that Planning Vendor previously charged Incumbent for similar work. Signature: Print Name: Title: Phone Number: E-mail: Date: Page 14 of 16 CONFIDENTIAL EXHIBIT 1 Incumbent Information THE FOLLOWING QUESTIONS ARE REQUIRED FOR PROCESSING ELECTRONIC FUNDS TRANSFERS. ALL INFORMATION CONTAINED HEREIN SHALL BE KEPT STRICTLY CONFIDENTIAL AND WILL BE USED ONLY IN COMPLETION OF mE PLANNING FUNDING AND FREQUENCY RECONFIGURATION TRANSACTION. I. INCUMBENT INFORMATION Please provide the following information: Company/Name: Contact: Title: Address: City/State/Zip: Phone: Fax: If not identified in the contract, please provide the following: If Incumbent is a Partnership, please provide name, address and phone numbers of all other partners: Name: Address: Name: Address: City/State/Zip: Phone: City/State/Zip: Phone: II. BANK ACCOUNT INFORMATION (Required for payment via electronic funds transfer.) Name of Bank: Bank: Address of City/State/Zip: Bank Phone #: ABA (Routing #): Account #: Name on Account: Federal, State or Individual SS #: Name of Brokerage Firm (if applicable): Brokerage Account # (if applicable): In the event Incumbent will not provide information for electronic funds transfer, Incumbent acknowledges that all payments made by check will be mailed within thirty (30) days of the date of performance required by Incumbent (for each payment) as stipulated in the Agreement. Acknowledged by Incumbent: only if Incumbent does not want an electronic funds transfer) (signature required . Page 15 of 16 CONFIDENTIAL ill. TAX INFORMATION The Internal Revenue Service and state tax authorities require Nextel to report all transactions, even if the transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange). Therefore, it is necessary for Nextel to collect the infonnation below. If you have specific questions about your tax implications in this transaction, you should consult your own accountant or financial advisor. Incumbent's Federal, State or Individual Tax ill #, FEIN (Federal) or SSN (individuals): State(s) - sales tax license, resale pennit, employment, etc.): Local (if applicable): Current State and County location for your principal executive office: If there has been more than one location for the principal executive office within the past five (5) years, list each such City/County/State location: I hereby acknowledge that all of the information provided herein is true and correct as of the date signed below. Incumbent Signature: Print Name: Title: Date: Page 16 of 16 ~ AGENDA REQUEST ITEM NO: C - 9A DATE: April 24, 2007 Regular[ ] Public Hearing [ ] Consent [X ] TO: Board of County Commissioners PRESENTED BY: Roberta Breene, Grants SUBJECT: Authorize the submittal of a grant application to the US Department of Transportation, Office of Aviation Assistance, Small Community Air Service Development program for funding, not to exceed $500K, to conduct a study to determine the feasibility of St. Lucie County attracting and supporting commercial air service, including community and business surveys and a marketing plan. BACKGROUND: The purpose of the Small Community Air Service Development Program is to assist small communities with improving or establishing air service. The study being proposed for grant funding will look at how residents and businesses in St. Lucie County are traveling and to what desitinations. Other information will be examined such as: (1) the originating airports being used by local air travelers; (2) an estimate of total airline passengers in the catchment area; (3) airlines used by local air travelers; and (5) average airfares by origin/destination airports currently being used by County residents and businesses. Local organizations and select new technical businesses have expressed serious interest in having local commercial air service. The information from this study could provide some background for future discussions expected during an Airport Master Plan Update for the St. Lucie County International Airport planned for late 2008, In addition, the growth of the county, both in terms of population and in terms of new technically-oriented businesses attracting world-wide interest and visitors indicates that it may be prudent to explore the feasibility of commercial air service. . FUNDS AVAIL: This grant requires no match. However, communities that provide local cash or in-kind contributions are given priority consideration. No match has been budgeted for this project. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the BOCC authorize the submittal of a grant application to the US Department of Transportation, Office of Aviation Assistance, Small Community Air Service Development program for funding, not to exceed $500K, to conduct a study to determine the feasibility of commercial air service for St. Lucie County, including a community survey and a marketing plan. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: County Auonn::y,^ f{rÙ&{'C- . L- ~ coordination/Sian~ Management & BUdgetx~ ~ Other ----cs Approved s-o Purchasing: Originating Department: Other: Finance:x Check for copy only, if applicable "; .- ~ 'li!IIØØP~" COUNTY ~ lORIDA - .~ To: From: Date: Subject: Board of County Commissioners Roberta Breene, Grants Writer April 24, 2007 BOCC Meeting, April 24, 2007 Consent Agenda Item 9A Small Communities Air Service Development Program BACKGROUND The purpose of the Small Community Air Service Development Program is to assist small communities with improving or establishing air service. The Airport will begin preparing a new Master Plan at the end of 2008 with anticipated funding from the Florida Department of Transportation. The development of a Master Plan for the Airport requires the collection and evaluation of data relating to the airport and surrounding area. In addition to information obtained through on-site investigations of the airport, interviews with the airport management, fixed-base operators, air traffic control, representative of the County Office and the collection and analysis of previous reports and studies. Many community organizations and businesses have expressed interest in the possibility of commercial air service. The proposed study would provide valuable information to the content of the new Master Plan. This study will include a Passenger Demand Analysis, which will develop in-depth information on the travel patterns of local airline passengers who travel to/from the geographic are served by St. Lucie International Airport. This analysis will examine information such as: (1) the originating airports used by air travelers. (2) an estimate of total airline passengers in the catchment area, (3) passenger traffic and related destinations, including domestic, regional and international destinations, (4) airlines used by local air travelers, and (5) average airfares by origin/destination airport. St. Lucie County is designated by the FAA as a publicly-owned, public use facility. The Airport is included in the National Plan of Integrated Airport Systems (NPIAS), prepared in close coordination with the FAA's ten-year plan to improve the air traffic control system and airway facilities. The NPIAS defines an Airport's Service Level by the type of public service the airport provides to its community. St. Lucie County International Airport is defined as General Aviation. Certain expansions/improvements of the airport can be done only if the demand for it is evident. Local organizations and select new technical businesses have expressed serious interest in commercial air service. The Airport is now in a unique position to consider adding commercial air service. With funding help from FOOT, the FAA, and others, land was acquired to allow future expansion. This eliminates the problem now held by many large land-locked airports. In addition, the growth of the county, both in terms of population and in terms of new technically-oriented businesses attracting world-wide interest and visitors, indicates that it may be prudent to explore the possibility of commercial air service at this time. _/ < , AGENDA REQUEST ITEM NO. C9B DATE: April 24, 2007 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice SUBJECT: Authorize the submittal of a grant application, and resolution 07-155, to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) for funding to design, permit, and renovate the Summerlin Boat Dock. BACKGROUND: Summerlin Boat Dock is located along the South Causeway just north of the St. Lucie County Historical Museum in Fort Pierce, Florida. The dock is easily accessible into the Indian River Lagoon and the Fort Pierce Inlet and provides adequate docking for larger sized boats and / or ships. If awarded, this competitive grant would provide funds for renovation to the existing dock. Dock renovations will include the installation of pilings, a ramp, and adding onto the southern interior sections of the T dock to lower existing dock segments. This renovation will provide safe docking of regular sized boats and its' passengers, and still allow for larger boats to dock easily on the northern side of the T dock. The cost of the project is estimated at $100,000.00. Grant funds to be requested is $50,000, with a match of $50,000. These funds would cover the overall project costs of design, permitting, and construction. FUNDS AVAIL: The County's 50% match of $50,000 is in the proposed budget for 2007 - 2008, subject to board approval. PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application, and resolution 07-155, to the Florida Fish and Wildlife Conservation Commission - Florida Boating Improvement Program and the match of $50,000 to be proposed in the 2007-2008 budget acceptance of the grant if funding is awarded. COMMISSION ACTION: ~ ,] APPROVED [ ] OTHER: Approved 5-0 CONCURRENCE: DENIED u County Attorney: Originating Dept: Finance: (copies Mgt & Budget· Public Works ,,-..':4. ¡ Florid Fish & Wildlife Conservation Commission 2007 Florida Boating Improvement Program Resolution 07-155 A RESOLUTION AUTHORIZING THAT THE PROJECT MANAGER HAS THE AUTHORITY TO APPLY FOR AND ADMINISTER THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT ON BEHALF OF ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS. Whereas, the St. Lucie County Board of County Commissioners is interested in carrying out the following described project for the enjoyment of the citizenry of St Lucie County and the State of Florida: Summerlin Boat Dock $50,000 To provide dock renovations to accommodate smaller sized boats and its' passengers. AND, Florida Boating Improvement Program financial assistance is required for the program mentioned above. NOW THEREFORE BE IT RESOLVED by the St. Lucie County Board of County Commissioners that the project described above be authorized, Project Title: Total FBIP Grant Request: Brief Description of Project: AND, be it further resolved by the St. Lucie County Board of County Commissioners that it certifies the following: 1. That the Project Manager, Debra Brisson, is authorized to apply for and administer the grant on behalf of the applicant, St. Lucie County Board of County Commissioners 2. That it is in complete accordance with the grant application and that it will carry out the program in the manner described in the grant application and any plans and specifications attached. 3. That it has the ability and intention to finance its share of the costs of the project and that the project will be operated and maintained for a period of not less than 20 years at the expense of said St. Lucie County Board of County Commissioners for public use. 4. That all project activities will be on land owned solely by St. Lucie County. 5. That it will not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. INTRODUCED, PASSED AND ADOPTED THIS 24th DAY OF April 2007. BY: Chair, St. Lucie County Board of County Commissioners ATTEST: APPROVAL AS TO LEGAL FORM AND CORRECTNESS: County Clerk Attorney: St. Lucie County Board of County Commissioners ;ï AGENDA REQUEST ITEM NO. C9C DATE: April 24, 2007 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice SUBJECT: Authorization of the submittal of a Transportation Enhancement grant application to the Florida Department of Transportation for FY 2010/2011 funds for $400,000 to assist in the construction of a sidewalk along Angle Road. In addition, authorization of the approval of Resolution 07-157 that indicates the Board's support for the project. BACKGROUND: The approximately two-mile long project area is along Angle Road (County Road 603) between Orange Avenue and North 53rd Street. In order to maximize funding for the $1.4MM project, the project was submitted for Transportation Enhancement funding in two funding cycles, with the initial funding submittal for FY 2009/201 0, in which the county will be awarded. This application will satisfy fund requirements for the second cycle. As one of only three major corridors from the west and north into Fort Pierce, Angle Road is heavily traveled with MDT (average annual daily traffic) of 10,600 and LOS C. Angle Road also includes an industrial area, with heavy in and out truck traffic. With both Fort Pierce Westwood High School and Woodlands Academy located near the intersection of Angle Road and Panther Lane, Angle Road has intense bicycle and pedestrian traffic. In addition, swales or canals adjacent to the roadway add to the difficulty of pedestrian travel. Pedestrian and bicyclist accidents have been documented along the project area. FUNDS AVAIL: Matching funds will come from the Transportation Revenue Bonds Borrowing Project, where $1,500,000 is currently allotted for the project. PREVIOUS ACTION: The County submitted and will be awarded Transportation Enhancement FY 2009/2010 funding for $440,000. RECOMMENDATION: Staff recommends the Board authorize the submittal of this $400,000 Transportation Enhancement Application to the Florida Department of Transportation to facilitate the construction of a sidewalk along Angle Road, and approve Resolution 07-157 indicating Board support. COMMISSION ACTION: CONCURRENCE: ~DOU9 Coun :::d::~:~~ Public Works: . ator [ ~ APPROVED [' ] OTHER: DENIED Approved S-O k t/ County Attorney: Originating Dept: lc~~~ Finance: (copies on y : " Florida Department of Transportation Transportation Enhancement Grant FY 2010/2011 Angle Road Sidewalk Project Resolution 07-157 A RESOLUTION BY ST. LUCIE COUNTY, FLORIDA, TO SUBMIT A FLORIDA DEPARTMENT OF TRANSPORTATION ENHANCEMENT GRANT WHEREAS, pedestrian access and ease of travel are important to our community. WHEREAS. The need for a sidewalk along Angle Road between Orange Avenue and North 53rd Street is recognized. WHEREAS, S1. Lucie County desires to apply for a Transportation Enhancement Grant, which would assist in the funding of a sidewalk along Angle Road between Orange Avenue and North 53rd Street. NOW, THEREFORE BE IT RESOLVED BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS: The Board of County Commissioners supports efforts to fund and provide a sidewalk along Angle Road between Orange Avenue and North 53r Street. INTRODUCED, PASSED AND ADOPTED THIS 24th DAY OF April, 2007. BY: Chair, St. Lucie County Board of County Commissioners ATTEST: APPROVAL AS TO FORM: Attorney: St. Lucie County Board of County Commissioners County Clerk AGENDA REQUEST ITEM NO. æ-D DATE: April 24, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Bill Hoeffner SUBJECT: Authorize the submittal of a grant application to the Florida Communities Trust (FCT) Florida Forever Program for funds in the amount of $6,600,000 to acquire environmentally sensitive lands owned by Harbor Branch Oceanographic Institution (HBOI). Additionally, authorize the acceptance of the grant if it is awarded. Also authorize an increase in the amount of acreage that potentially can be acquired from HBOI from 253 acres to 259 acres to allow for the acquisition of an additional 6 acres known to have a large population of endangered Lakelas mint. BACKGROUND: See attached memorandum FUNDS AVAIL.: The grant requires a 25% match in the amount of $2,200,000. Staff intends to apply for an alternative grant for the required match. However, in the event the application to the alternative grant source fails, the County will be required to pay the cash match. These funds are available in Fund 317-3920-561000-1905 County Capital - Revenue Share Bond - Environmental Resources - Env Reg - Projects to be determined - eIP Plan PREVIOUS ACTION: On 9/26/2006, the Board approved the County partnering with the Trust for Public Lands to acquire HBOI lands. If a commitment for grant funding can be secured, the Trust for Public Lands will serve as interim owner of the HBOI lands until grant funding for acquisition becomes available. On 2/13/2007, the Board approved the submittal of a request to the Department of Environmental Protection for Florida Forever funding for the HBOI project. On 2/13/2007, the Board also authorized St. Lucie County to increase the acreage that potentially could be acquired from HBOI from 220 acres to approximately 253 acres. RECOMMENDATION: Staff recommends the Board authorize the submittal of the FCT grant application for the HBOI project and the acceptance of the grant if it is awarded. Staff also recommends increasing the acreage that potentially can be acquired from HBOI from 253 acres to 259 acres. [~ APPROVED [ ] OTHER: CONCURRENCE: \ COMMISSION ACTION: County Attorney: Originating Dept: Finance: ~ coordination/s~atures Mgt & Budget: (<......:. . Public Works: Purchasing : Other: DENIED Approved 5-0 - . ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT ~'\..""i""'i"'i"'ii'i"ii'~ .",~ -.." ......-',.." . . . .. ... .......~ MEMORANDUM To: From: Date: Subject: Board of County Commissioners Bill Hoeffner April 17, 2007 Consent Agenda Item C13 (Harbor Branch Oceanographic Institute) In a cooperative effort involving Senator Ken Pruitt and President Frank Brogan of Florida Atlantic University, St. Lucie County developed a proposal to acquire 220 of 520 acres owned by HBOI. The proposal was presented to HBOI on 8/28/2006 in a meeting that involved Senator Pruitt, President Brogan and County Administrator Douglas Anderson. At that meeting, HBOI agreed in principle to the proposal. An informal appraisal of the lands completed by the Division of State lands, values the lands at approximately $30 million. The County intends to apply for financial assistance from three sources for the project: 1. the Florida Forever Program, 2. 1. Florida Communities Trust (FCT) and 3. S1. Lucie River Issues Team (SLRIT). The Florida Forever grant application has already been submitted. Staff is requesting Board approval at this time to submit the FCT application. The maximum amount available in any given year from FCT is $6,600,000 and staff intends to apply for the maximum amount. FCT requires a 25% match at a minimum. Staff intends to apply to SLRIT in August 2007 for the required 25% match of $2.2 million. However, in the event that the SLRIT grant application fails, the County will have to provide the cash match of $2.2 million. These funds are available in Fund 317-3920-561000-1905 (County Capital- Revenue Share Bond- Environmental Resources - Env Reg - Projects to be determined - CIP Plan). Since the above referenced meeting of 8/28/2006, S1. Lucie County asked the Trust for Public Lands to assist in acquisition of HBOI lands by serving as an interim owner until S1. Lucie County is able to secure grant funding. This action was approved by the Board of County Commissioners on 9/26/2006. During negotiations between HBOI and TPL, HBOI expressed a possible interest in selling an additional 33 acres, which would increase the project from 220 acres to 253 acres. On 2/13/2007, the Board approved the County's application to the Florida Forever Program. At that same time, the Board approved an increase in the amount acreage to be acquired from 220 acres to 253 acres. The application to the Florida Forever Program was submitted to the Department of Environmental Protection (FDEP) during February 2007. After their review of the application, a request was made by FDEP to increase the project by an additional six acres to acquire lands known to possess a very large population of Lakelas mint, an endangered plant which grows naturally only in a three mile area on the Atlantic Coast Ridge in northern S1. Lucie County and southern Indian River County. HBOI was consulted regarding this request and they have agreed to include the additional six acres in the project. A photograph of the Lakelas mint population is attached. In the photograph, the Lakelas mint plants have been flagged and -; their number within the six acre parcel can be easily seen. The Board is therefore being asked to approve the addition of the six acres to the project. A map of the additional six acres is also attached. Staff recommends the Board authorize the submittal of the FCT grant application for the HBOI project and the acceptance of the grant if it is awarded. Staff also recommends increasing the acreage that potentially can be acquired from HBOI from 253 acres to 259 acres to allow for the acquisition of an additional six acres known have a large population of endangered Lakelas mint. , ) AGENDA REQUEST ITEM NO. C- 10 DATE: April 24, 2007 REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT PRESENTED BY: DIANA LEWIS. DIRECTOR SUBJECT: Request for approval of PBS&J Work Authorization for preliminary design services for the extension of Taylor Dairy Road to connect to the Kings Highway via the Airport West Commerce Park for the lump sum amount of $496,863. BACKGROUND: The Board approved funding the design of the Taylor Dairy Road connection to Kings Highway as a means to reduce traffic impacts on Kings Highway. This connection will be made via the entrance of the Airport West Commerce Park, which is currently under construction. This Work Authorization, which has been reviewed by the County Engineer, includes professional services to do a preliminary design of Taylor Dairy Road with the connection to the Airport West Commerce Park and the intersection at St. Lucie Boulevard. These services include traffic analysis, environmental site review, preliminary permitting reviews with agencies, and 60% design plans. FUNDS WILL BE AVAILABLE IN THE TRANSPORTATION REVENUE BONDS: 318-4210-563000-4124, Infrastructure PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends that the Board approve the PBS&J Work Authorization for preliminary design services for the Taylor Dairy Road connection to Kings Highway, for a lump sum amount of $496,863, and authorize the Chair or designee to execute the same. COMMISSION ACTION: (~APPROVED () DENIED ( ) OTHER CONCURRENCE: County Attorney ( ) Originating Dept. ( ) , Coordination/Sianatures Mg!. & Budget () ~ 1;0 f\M Other ( ) JS:" Approved 5-0 Purchasing ( ) Other ( ) Finance: (check for copy, only if applicable) _ BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: April 16, 2007 Re: Request for approval of PBS&J Work Authorization for preliminary design services for the extension of Taylor Dairy Road to connect to the Kings Highway via the Airport West Commerce Park for the lump sum amount of $496,863. ******************************************************************************************************************* This Work Authorization, which has been reviewed by the County Engineer, includes professional services to do a preliminary design of Taylor Dairy Road with the connection to the Airport West Commerce Park and the intersection at St. Lucie Boulevard. These services include traffic analysis, environmental site review, preliminary permitting reviews with agencies and 60% design plans. Staff recommends that the Board approve the PBS&J Work Authorization for preliminary design services for the Taylor Dairy Road connection to Kings Highway, for a lump sum amount of $496,863, and authorize the Chair or designee to execute the same. WORK AUTHORIZATION NO..a.o. St. Lucie County Board of County Commissioners St. Lucie County International Airport Agreement No. C03-IO-646 Design Services for Taylor Dairy Road from St. Lucie Boulevard to Kings Highway (SR 713) Pursuant to that certain Contract (the "Agreement") between St. Lucie County (The "County"), as successor in interest to the St. Lucie County International Airport, and PBS&J (the "Engineer") dated , the Engineer agrees to perfonn and successfully complete the Scope of Services attached hereto and made a part hereof as set forth in Attachment "A". The Engineer's estimate of Compensation shall be described in Attachments "B". IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective as of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Date MÄ12C.U ) 2.D07 I Attachment "A" Taylor Dairy Road From St. Lucie Boulevard to Kings Highway (SR 713) Design Scope of Services (Lump Sum) This Scope of Services includes professional engineering services provided to St. Lucie County (CLIENT) by PBS&J (CONSULTANT) associated with Advanced (60%) design for Taylor Dairy Road from St. Lucie Boulevard to Kings Highway (SR 713), an approximate length of 7,500 feet. Specific project elements include the following: · Pavement adjustment and alignment modifications, if necessary, from Kings Highway eastward along the Airport West Commerce Park (A WCP) roadway anticipated to be completed later this year, approximately 2,000 feet in length. · New two lane urban roadway, in an 80' right-of-way, for the remainder of the project. Preliminary engineering may include development of 4-lane typical section alternatives. · Turn lanes long St. Lucie Blvd at the intersection of Taylor Dairy Road. · Pre-application meetings with regulatory agencies including SFWMD, FPFWCD, and FDEP. · Geotechnical Investigations along the alignment and at the intersection of St. Lucie Boulevard and Taylor Dairy Road. Figure 3 identifies the anticipated alignment. If necessary, the services to address the following project elements will be provided under a supplemental agreement: · Traffic Signals along St. Lucie Blvd and Kings Highway at the intersections of Taylor Oairy Road · Right of Way Mapping, including any needs for Project Right-of-Way This project shall include the development of 60% plans. The project design, including criteria and standards shall, in general, follow FOOT Green Book criteria and FOOT specifications, current at the time of initiation of this Project. It is anticipated that the design speed of the roadway will be 45 mph and which will be confirmed prior to design initiation. FOOT plans production procedures may be used as a guideline, but are not a requirement of the final plans product. Taylor Dairy Road PBS&J Scope ofSel1'/ces Page I of9 The tasks included in this Scope of Services are grouped into the following primary categories: I. Administration 2. Preliminary Engineering" 3. 60% Design 4. Design Surveys 5. Geotechnical Investigations 1.0 ADMINISTRATION 1.1 Project Status Meetings The appropriate members of the CONSULTANT team shall attend up to eighteen (18) progress meetings with the SLCIA (S1. Lucie County International Airport) to discuss project progress and status, upcoming events and activities. The purpose of these meetings is to maintain clear communication between the SLCIA staff and the CONSULTANT. The CONSULTANT shall prepare and distribute meeting minutes following each of these meetings. 1.2 Other Coordination Meetings The appropriate members of the CONSULTANT team shall attend up to eight (8) additional coordination meetings with adjacent agencies anticipated to include: · S1. Lucie County (Public Works and Utilities) · Other consultants for SCLIA · South Florida Water Management District · Fort Pierce Farms Water Control District · Board of County Commissioners (S1. Lucie County) 1.3 Public Involvement None required. 1.4 Project Submittals and Schedule The CONSULTANT shall prepare and submit a project schedule identifying major tasks, their duration and tasks relationships. The schedule shall be updated as necessary to reflect project progress and milestones. A draft schedule is attached as Exhibit C for reference. Formal project submittals are anticipated at the following stages of completion: · Preliminary Engineering Summary Memo (including conceptual plans and aerials) · Preliminary (30%) plans . 60% plans Taylor Dail)' Roml PBS&J Scope olSen'lces Page 2of9 3 sets of plans and 2 sets of any written documentation will be provided at each of the each submittal. Each plan set will be I I "x I T' and will include I - II "x 17" reproducible. Electronic Design files shall be provided to the SLCIA, by the CONSULTANT in MicroStation fonnat, upon project· completion. . In addition, all plan sheets will be provided in a PDF format for use by the SLCIA. 1.6 Construction Cost Estimates Construction cost estimates will be provided at three phases during the project: once at the conclusion of the preliminary engineering activities, once 30% plans, and once at 60% plans. 1.7 Quality Assurance/Quality Control The CONSUL T ANT shall designate appropriate staff to conduct Quality Assurance/Quality Control (QAlQC) reviews of all work products. 2.0 PRELIMINARY ENGINEERING Preliminary Engineering activities are necessary to ensure the development of the design and plans are consistent with the intent of the SLCIA. The following sections describe those activities. 2.1 Data Collection The CONSULTANT shall collect and review any available engineering, traffic, survey, utility, geotech, property ownership, and hydraulic data. 2.2 Preliminary Drainage Analysis The CONSULTANT shall review available information relative to existing drainage facilities. existing flow patterns, and proposed improvements and outline a proposed storm water management system which includes regulatory requirements of the Sf; Lucie County. the South Florida Water Management District (SFWMD) and the Fort Pierce Farms Water Control District (FPFWCD), and utilizes existing systems to the extent possible. The CONSULTANT shall perform preliminary research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies to assure that design efforts are properly directed toward permit requirements and compliant with applicable design and performance standards. The CONSULTANT shall perform an evaluation of the capacity of the ponds in A WCP Phases I and II relative to accommodate the additional project runoff. Should additional pond locations be necessary. the CONSULTANT will coordinate with the SLCIA relative to potential locations. A pond siting memo will be prepared as necessary addressing potential options and recommendations. fur/or DOli)· Road I'BS&J Sco/Jf O/St!/1·/Ces I'agd 0/9 2.3 Traffic Analysis It is assumed that the roadway will be a two lane facility. However, to ascertain any turn lane needs at the intersection of St. Lucie Blvd., the CONSULTANT will review available data, collect additional data as necessary, and provide a summary memo relative to turn lane needs at this intersection. Design services necessary for turn lanes along St. Lucie Blvd. will be included with this scope of services (survey, geotech, design, traffic analysis, and plans). 2.4 Environmental Site Review Knowledge of the site and preliminary aerial review indicate that the likelihood of environmental impacts for the project is minimal, if any. However, to support necessary permit applications, the project will be reviewed by environmental staff. Efforts will include: field reviews for wetlands and threatened and endangered species, and preparation of a summary report identifying any issues. Should any species be encountered for the project, additional services may be necessary to address regulatory requirements. 2.5 Summary of Preliminary Engineering Activities Utilizing the above elements (data collection, preliminary analysis) and information relative to the area, the CONSULTANT will provide a summary memo documenting the Preliminary Engineering Activities. It shall be provided to the SLCIA for approval, with associated recommendations prior to initiating 60% design activities. · Proposed alignment of the roadway on an aerial plan view (scale will be based on the maximum resolution allowable with current aerials) including key project elements and constraints (anticipated constraints include available ROW, property lines, existing easements, major utilities - 139 kv transmission line, existing drainage features - FPFWCD Canal No 3, other roadway areas currently ,under construction) · Design criteria package (roadway and drainage) · Pa vement design package · Typical section addressing basic elements including: lanes/widths, sidewalks, curb and gutter · Pond siting memo · Environmental Assessment Memo 3.0 60% DESIGN The CONSULTANT shall prepare 60% Roadway Plans. This work effort includes the roadway design needed to provide 60% plans for the project with sufficient information to allow for construction cost estimation and determination of right-of-way needs. The CONSULTANT shall submit progrt:ss rt:view submittals. in half size (11 inches x 17 inches) format. All plans shall identify the scale of the drawing in graphical format. Taylor DClitJ' Rooel PBS&J ScapI! ofSI!n-ices POKe . 14'9 Each review submittal shall include documentation of the intcrnal Quality Assurance and Quality Control review conducted by the CONSULTANT. The CONSULTANT shall complete designs required for all aspects of the project as specifically described herein. 60% activities are as described below. 3.1 Roadway Plans The CONSULTANT shall prepare 60% roadway design plans for the project based upon the approved preliminary engineering activities. These shall be based upon all FOOT criteria and standards that are appropriate with consideration given to design speed, design consistency, driver expectancy. access needs, safety and pedestrian needs. 60% Roadway plans may include, as necessary: Cover sheet General notes , Survey Control (as necessary for construction layout) Typical Sections Plans/profiles Intersection detail (Airport West Commerce Park and St. Lucie Boulevard) Geotechnical survey sheets Cross-Sections Utility Adjustment Plans (documenting utilities to be adjusted/relocated by others) Roadway Design Documentation The CONSULTANT shall submit all design notes, design calculations and computations in book form to document the decisions and conclusions reached during the development of the 60% roadway design plans. 3.2 Maintenance of Traffic Plans Thê CONSULTANT wm'pl"epâre mairitenance of traffic plans~ notes ánd or detáìfs. to identify a reasonable and safe plan to construct the project along the portion of Taylor Dairy Road which will be open to traffic prior to this project's construction activities. FOOT standard drawings will be referenced to the maximum extent possible. The 60% roadway design documents shall provide for Maintenance of Traffic to be paid for as a lump sum item. 3.3 60% Drainage Analysis and Plans Drainage Analysis The CONSULTANT shall be responsible for designing a drainage and stormwater management system. Design work shall be in compliance appropriate standards of the SLCIA, S1. Lucie County. and appropriate regulatory agencies. Ta.!lo,. Ow,..\' Roml PBS&J Sc'OP!! o(SI!/T/C!!S Poge 50/9 The CONSULTANT shall perform engineering analysis necessary to design any or all of the following: cross drains, roadway ditches, outtàll ditches, storm sewers. retention/detention facilities, other drainage systems and elements of systems as required for a complete analysis. , Drainage Plans may include the following, as necessary: · Drainage map · Drainage structure summary sheets · Drainage structure cross-sections · Pond modifications details · Pond details · Outfall details · Stonn water pollution prevention plan and/or erosion control plans Drainage Documentation and Calculations The CONSULTANT shall submit design notes and computations to document the decisions and conclusions reached during the development of the design of the storm water management system. 3.4 Signing and Pavement Marking Plans The CONSULTANT will prepare plan sheets at a suitable scale for the entire length of the project showing pavement markings and signage (regulatory and warning) to be installed on the project. Pavement markings and signs shall conform to the Manual on Uniform Traffic Control Devices. Signing and Marking Plans shall include, but not be limited to, the following: General Notes, Quantity Tabulations, Plans, and Special Marking Details as necessary. 3.5 Roadway Lighting Plans The CONSULTANT wiH design roadway lighting for the entire length of the project. Upon acceptance of the preliminary roadway geometry, the CONSULTANT will prepare a roadway lighting analysis report. The CONSULTANT will coordinate with the applicable power company to arrange for power required. The design of the roadway lighting will include the following: pole type and spacing, conduit and electrical cables, and pull box locations. The CONSULTANT's plans will include the following, as necessary: general notes, quantity tabulation sheets, roadway lighting plan sheets, and details. 3.6 Utility Coordination Plans There are existing utilities within the project corridor; the CONSULTANT will initially coordinate with utility owners to: I. Make them aware of the project 2. Obtain contirmation on existing tàcilities ¡"y/or V"ÙJ' Roml PBS&J Scope ofSel1'/ce5 P(ge 6of9 3. Obtain information on any proposed improvements 4. Obtain input on utility issues that may not be readily apparent At the 30% stage submittal. plans will be provided to utilities for verification of existing facilities and request information on - any' proposed improvements within the project limits. At the 60% stage, plans will have incorporated input from utilities and will be reviewed for potential conflicts. 3.7 Utility Designs (water main) It is anticipated that the location of fire hydrants associated with the 16" potable water main beginning at the intersection of Taylor Dairy Road and St. Lucie Blvd, and as it runs north along Taylor Dairy Road may require adjustment. The CONSULTANT will provide design, plans and specifications as necessary to address fire hydrant conflict, associated relocation adjustments as necessary. No new water service lines are anticipated and it is anticipated that the existing location of the 16" potable water main will not need adjustment. 4.0 DESIGN SURVEYS The CONSUL T ANT shall provide field surveys as necessary to support the design of the project. These shall include, but not be limited to, horizontal and vertical control surveys and full topographic surveys for all areas within the defined project limits and for necessary storm water areas and outfalls (assumed three stormwater areas and associated outfalls). All topographic sùrveys will extend to 25 feet outside of proposed areas of work. The design survey shall also include geotechnical boring locations and a utility survey, locating up to 10 subsurface utility locations. All survey work shall meet the requirements of Çhapter 472, Florida Statutes and Chapter 61017-6, Florida Administrative Code, and shall provide sufficiently detailed information to meet the designrequirements-of-the project Survey data shall-be sufficient to estabtishdrainage basins, address localized drainage issues within and adjacent to the project limits. All vertical control shall be based upon NOVD 1988 and shall be established from St. Lucie County benchmarks. Permanent benchmarks shall be set outside the limits of construction, and shall be approximately 600 feet apart. All survey information shall be recorded in an appropriate field book and/or documented on an electronic file. Survey control sheets shall be provided for inclusion into the 60% roadway design plans including: · Centerline/baseline data · Control points · Section lines. quarter section lines along the alignmcnt TU,I'Iol' DUll)' Roud PßS&J ScOpl! (~rSI!"'icl!s PClgl! 70[9 5.0 GEOTECHNICAL INVESTIGATIONS The CONSULTANT will provide a complete geotechnical investigation necessary to support the project design. It is anticipated that a right-of-way use þermìt will be required from St. Lucie County. The CONSULTANT will be responsible for submittal of any right-of-way use permit applications needed to perform the work and for any property owner coordination as necessary to perform the work. Soil surveys shall be provided to address the project needs including: roadway, storm water, and box culvert crossing. Shallow soil stratigraphy and groundwater level data are needed in all areas to provide recommendations to guide site preparation and construction. 5.1 Field Explorations The following filed explorations will be provided: · Two Standard Penetration Test (SPT) borings at accessible locations in the vicinity of the proposed concrete box culvert · Up to 30 auger borings at semi-random locations within the proposed alignment and turn lanes; supplemented by muck probes or other investigations to define the depth and extent of organic material across the wetland and other areas if necessary · Pavement cores shall be obtained at two locations along St Lucie Blvd and two locations along Taylor Dairy Road The SPT borings will be conducted to a depth of approximately 30 feet using a procedure similar to the Standard Penetration Test outlined in ASTM 0-1586. The SPT borings will be sampled at 24-inch intervals to 10 feet deep and at 5-foot intervals below 10 feet. The auger borings will be performed to ,depths of 6, 10 and 20 feet and will be sampled at each change in stratification. Each sample will be removed from the sampler or auger in . . the - field.,and.. then-.. examined_ and--,visually- classified-. by. 0IJr-- .field-personnet Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. A bulk soil sample of will be obtained from the proposed culvert location and will be transported to the laboratory for soil corrosivity soil series testing. 5.2 Lab Testing Routine laboratory visual classification will be performed along with specific classification tests deemed necessary (i.e., sieve analysis. percent fines. Atterberg limits and organic contents). Laboratory corrosivity series tests (soil pH. sulfate, chloride and resistivity) will be performed on the bulk soil sample obtained from the proposed culvert location. LBR data will be provided. All laboratory testing and classifications shall be performed in accordance with applicable AASHTO or ASTM standards. 7'~\'1(),. DC/II')' Rood f'I3S&J Scope ofSen'Ì('es P"ge 8 0/9 5.3 Engineering Analysis and Report Engineering analysis of all data obtained will be made to evaluate general subsurtàce conditions and to develop engineering recommendations to guide site preparation and pavement and culvert support-. The report will include descriptions of the soils encountered as well as existing pavement sections. All recommendations, together with all data developed during the exploration, will be submitted in a written report upon conclusion of the study. Relevant soil parameters will be provided for the box culvert design. An estimate of the normal seasonal high groundwater table level will also be provided. All boring logs will be provided in an electronic format suitable for inclusion into 60% roadway design plans. Five copies of the report shall be submitted in draft format with the 60% plans. 6.0 IDENTIFIED PROJECT ASSUMPTIONS The following summarizes project assumptions: · The following designs and plans are anticipated to be needed but will not be initiated until after completion of 60% plans and thus, are not included in the above scope of work: o Landscaping plans o Signalization plans and Traffic Signals along S1. Lucie Blvd and Kings Highway at the intersection of Taylor Dairy Road o Agency permitting including SFWMD, FPFWCD, and FDEP (other than pre-application meetings) o Right of Way Mapping including any needs for Project right of way · There are no archeological or historical investigations required in the corridor. · Modifications to facilities outside the roadway widening envelope (Le. parking) may be necessary, but, cannot be identified or quantified at this time. As such, design services for this type of activity will be addressed in a subsequent authorization. · Posfdésign" services~ including CEI, shop drawing reviëw5,-etc: to-be-addressed In a subsequent authorization. · Utility designs - the only design for utilities in this scope is for the design of relocation/adjustment of fire hydrants along Taylor Dairy Road alignment associated with the 16" potable water line. 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AGENDA REQUEST ITEM NO. c-11 DATE: April 24, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Approve purchase of HP Designjet 820 MFP Scanner at a cost of $21,603.00 Approve Equipment Request #CsEQ07-326 BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 107-712-564000-1645 (Machinery & Equipment) FUNDS WILL BE MADE AVAIL: 107-19301-564000-1645 (Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the HP Designjet 820 MFP Scanner at a cost of $21,603.00 and approve Equipment Request #CSEQ07-326. MISSION ACTION: [1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: County Attorney: /-., 0" . 0 ~)IV nglnatmg ept: " I.\; , Mgt. & Budget: Purchasing Mgr.: ~ .,' . Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 C:\DOCUME_l\ADMINI_l\LOCALS_1\TEMP\XPGRPWISE\AGENDA-198 PURCHASE AUTOCAD SYSTEM SCANNER.DOC , MEMORANDUM DEP ARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: April 24, 2007 SUBJECT: Approve purchase ofHP Designjet 820 MFP Scanner at a cost of$21,603.00 Approve Equipment Request #CSEQ07-326 ****************************************************************************** BACKGROUND:FY 06-07 Funds were budgeted in machinery & equipment to purchase a sweeper for the parking garage located in downtown Ft. Pierce. A smaller sweeper has become available from the Civic Center and is suitable to use at the garage, so we will not need to purchase a new one. Staffis seeking approval to use a portion of these funds, in the amount of $22,000.00, for the purchase of an HP Designjet 820 MFP Scanner. Currently, Central Services has an AutoCAD System that is only able to create copies of blueprints from disks but not copies from copies and the HP Designjet Scanner System has the capability to do this. We have most of our buildings on hardcopies of blueprints and need to have the ability to make copies of them when we do renovation projects, make any changes to the blueprints to keep them up to date or need to provide a department with a set of plans. The cost to purchase the HP Designjet 820 MFP Scanner System with extended warranty is $21,603.00, a State Contract price provided by Information Technology, and staffis seeking approval on Equipment Request #CSEQ07-326. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the HP Designjet 820 MFP Scanner at a cost of$21,603.00 and approve Equipment Request #CSEQ07-326 , !nfQrmati!J~';;:~~~~~~:_~~ Phone: (772) 462-1681 Fax: (772) 462-1443 BOARD OF COUNTY COMMISSIONERS ST. LUClli 2300 VIRGINIA A VEN1Æ FORT PIERCE, FL. 34982 Name/Address CENTRAL SERVICES IT Quote Date Quote # 3/3012007 1354 t0aiÍjgerl,n itials t../.-JIe:/.,.-/ QUOTE VALID UNTIL W.O. # REQUESTOR 4/3012007 83827 Jerry Flynn Description Qty Rate Total HP Designjet 820 MFP Scanner 1 17,804.00 17,804.00 3 year extended Warranty 1 3,799.00 3,799.00 FY08 Budget Quote VENDOR INFORMATION: CDW-G 200N. Milwaukee Avenue Vernon Hills, IL 60061 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 $21,603.00 stated. AUTHORIZED SIGNATURE J' f ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: CENTRAL SERVICES ADMINISTRATION RECOMMENDED: YES NO REVISED REVISED EQUIPMENT: SCANNER JUSTIFICATION: Central Services has an AutoCAD System. This system can produce copies of blueprints from disks but cannot produce copies from copies. We have in Central Services copies of blueprints of most all of our buildings, but we cannot make copies of these blueprints from this machine and we need the ability to do this especially when we do renovation projects. This will enable us to make changes to the blueprints and keep them up to date. EQUIPMENT REQ#: CSEQ07-326 ACCOUNT#: 107 -19301-564000-1645 AGENDA REOUEST ITEM NO:c. 12ft DATE: April 24, 2007 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Services Division John Franklin, Housing Manager SUBJECT: Resolution No. 07-142 to adopt St. Lucie Local Housing Assistance Plan for Fiscal Years 2007-2008, 2008-2009,2009-2010, State Housing Initiative Partnership (SHIP) program. BACKGROUND: On June 15, 1993, the Board approved Ordinance 93-017 establishing the Chapter 1-10- 5,Article IV, State Housing Initiative Partnerships of St. Lucie County (SHIP-SLC). The plan must be adopted every three years, and it is now necessary to submit a new plan for state fiscal years 2007-2008, 2008-2009, 2009- 2010. FUNDS AVAIL: 185009-5420-335510 (Florida Housing Finance AGY)-500 PREVIOUS ACTION: Resolution No. 01-75 amending the St. Lucie County Local Housing Assistance Plan for Fiscal Years 2001/02, 2002103, 2003/04 State Housing Initiative Partnership (SHIP) program was approved March 13,2001. RECOMMENDATION: Staff recommends adopting Resolution No. 07-142 amending the St. Lucie County Local Housing Assistance Plan for Fiscal Years 2007/08,2008/09,2009/10 State Housing Initiative Partnership (SHIP) program. COMMISSION ACTION: CONCURRENCE: Coordination/Sienatures Coooty Atton<y' ~ ~_~I&B''''''''~\ "'""'";", Originating Department: x _~. _ Other: Other: Finance: x Check for copy only, if applicable [';( APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMUNITY SERVICES MEMORANDUM #07-164 TO: Board of County Commissioners FROM: John Franklin, Housing Manager DATE: Revision of SHIP Local Housing Assistance Plan for FY 2007-2008, 2008-2009, 2009-2010 April 24, 2007 SUBJECT: The SHIP Local Housing Assistance Plan is required to be updated every three years and staff is proposing the following changes: Item 1: Terms of recapture and default (See pages 7.e, 12.e, 18.e) It is becoming a yearly battle with the Governor and Legislature for funding of the SHIP program. In an effort to perpetuate this excellent program, staff is recommending that the loans be paid back when the home is no longer owner occupied, sold, a change in title occurs or the homeowner chooses to refinance at 3% interest rate. Item 2: Essential Services Personnel (Page 5.p) With the passing of House Bill 1363, St. Lucie County is required to address Essential Services Personnel and to provide a definition in accordance with Rule Chapter 67-37.002(8) F.A.C. and Chapter 67-37.005(8), F.A.C. and Section 420.9075(3)(a) FS. ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN ST. LUCIE COUNTY SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2007/2008.2008/2009.2009/2010 John Franklin. Housin2 Mana2er Jessica Parrish. Housin2 Proiect Coordinator Revised 4/12/2007 1 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN I. PROGRAM DESCRIPTION Chapter 67-37,005 F.A.C and Section 420.9072, FS A. Name of the participating local government and Interlocal if applicable: Section 420.9072(5),F.S. St. Lucie County Interlocal: Yes x: No X Name of participating local government(s) in the Interlocal Agreement: City of Fort Pierce and the City of Port St. Lucie N/A B. Purpose of the program: Section 420.9072, FS and Chapter 67-37.005(3), FA.C Creation of the Plan is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the plan: Chapter 67-37.002, F.A.C. X 2001/2005 2007/2008 X 2005/2006 2008/2009 X 2006/2007 2009/2010 D. Governance: Chapter 67-37.005(3) and (5)(i) FA.C and Section 420,9071 (14)FS The SHIP program is was established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program furthers the housing element of the local government Comprehensive Plan. E. Local Housing Partnership: Section 420,9072(1)(a), FS The SHIP program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. St. Lucie County is particularly proud of its partnership with the St. Lucie County Lending Consortium. Any financial institution or mortgage company that agrees to send representatives to semi-monthly meetings, provide a special lending package and support homebuyer education classes may join the consortium and offer first mortgage loans to SHIP applicants. The Consortium lenders have agreed to reduce their application fees, provide fixed rate mortgages at a reduced rate, waive PMI on loans from 80% to 90% loan-to-value, and waive origination fees and/or points for SHIP applicants. When bond funding is available and can be used in the best interest of the SHIP applicant, origination fees and/or points may be required and paid from SHIP funding. (When bond loans are not available from consortium members, Housing Division Community Services staff may give temporary approval for a lender outside of the consortium to fund the loan under a bond commitment; it must Revised 4/12/2007 2 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN be in the best interest of the applicant and the SHIP program to do so.) Training events and special meetings are also scheduled to bring together lenders, title companies, realtors, and homebuilders. ~ SHIP applicants must have a pre- approval letter from a member of the St. Lucie County Lending Consortium to make application. F. Leveraging: Chapter 67-37.007(1}(b}(c), F.A.C and Section 420.9075(1}(a) and (1)(b3, and (1}(c), F.S The Plans are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Chapter 67-37.005(3), FA.C Public input was solicited through face-to-face meetings with housing providers, social service providers and local lenders and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: Chapter 67-37.005(6}(a), FA.C. St. Lucie County shall advertise the notice of funding availability in a newspaper of general circulation serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Discrimination: Section 420. 90 75(3}( c), F.S In accordance with the provisions ofss.760.20-760.37, it is unlawful to 81. Lucie County SHIP program does not discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Chapter 67-37.005(5 }(g),F.A.C Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling and Credit or Mortgage Delinquency Counseling. K. Purchase Price Limits: Section 420.9075(4}(c), FS and Chapter67-37, 007(6) FA.C Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% ofthe average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. Revised 4/12/2007 3 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN The methodology used by S1. Lucie County is: X Bond Study Numbers provided by Florida Housing Finance Corporation Independent Study (copy attached) U.S. Treasury Department The purchase price limit for: New Homes: $280,658.00 Existing Homes: $280,658.00 Purchase prices for subsequent years will automatically adjust to the new bond study limits in effect without passage of a new resolution each year. L. Income Limits, Rent Limits and Affordability: Chapter 67-37,005(5)(e), F.A,C .and Section 420.9071 (2), F.s. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means the monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. M. Wages to Work: Chapter 67-37.005(6)(b)(7)F.A.C Should an eligible sponsor be used, St. Lucie County has developed a qualification system and selection criteria for applications for awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employ personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (j), F.S In the case of rental housing, Housing Division Community Serviees staff will annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, Housing Division Community Serviees staff may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of$3,000 or less shall not be subject to annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have Revised 4/12/2007 4 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: Chapter 67-37.005(6)(/)3. F.A.Coo A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. St. Lucie County insures that the funds deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5 percent of the local housing distribution funds and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. St. Lucie County has adopted the above findings in the attached resolution, Exhibit E. P. Essential Services Personnel: Chapler 6ï-37()()] (6), r.lC Persons in need of atJordable housing who are emploved in occupations or professions in which thev are considered essential services personnel to the County. II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C. A. Name of the Strategy: Down Payment And Closing Cost Assistance a. Summary of the Strategy: It is the purpose of this strategy to increase the number of affordable, owner- occupied homes in St. Lucie County through assistance with the purchase of new and existing homes. This assistance is made available to very low, low, and moderate-income applicants. Applications for home-ownership will be reviewed and ranked by the County Housing Division staff. Applications will be ranked according to categories such as income, credit worthiness, feasibility, and affordability. The SHIP program will award assistance in the form of loans, or grants on a case-by-case basis, to cover down payment/closing costs for eligible households. b. Fiscal Years Covered: 2001 2005,2005 2006,2006 20072007-2008.2008- 2009. 2009-2010 Revised 4/12/2007 5 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN At the beginning of fiscal years 2001 2005, 2005 2006, 2006 2007 2007- 2008,2008-2009,2009-2010, funds for assistance will be allocated to very low income households until staff determines that at least 30% ofthe funds to be used during the fiscal year will be applied to those units occupied by very low income households. After that, funds will be made available to low income and finally to moderate-income households. c. Income Categories to be served: Very Low Income: Household incomes at or below 50% of the area median income will be considered first for funding. Applicants on a waiting list will be considered ahead of new applicants. Low Income: Household incomes at or below 80% of the area median income will be considered after all very low-income applicants, both new and on the waiting list. Applicants on a waiting list will be considered ahead of new applicants. Moderate "100" Income: Household incomes at or below 100% of the area median income will be ranked and considered after all verv low and low- income applicants. both new and those on the waitin~ list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate "120" Income: Household incomes at or below 120% of the area median income will be ranked and considered after all very low and low- income applicants, both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate "140" Income - Essential Services Personnel: Household incomes at or below 140% of the area median income will be ranked and considered after all verv low and low-income applicants, both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. d. Maximum award is noted on the Housing Delivery Goals Charts: SHIP funds may be used to make the units affordable through loans, or grants on a case-by-case basis, for down payment assistance to reduce the purchase price (principal reduction), pay closing costs, or any combination of these. The loans may be in amounts up to a maximum of$80,000 $20.000 for very low and low income, and $80,000 $15,000 for moderate ineome "100" and moderate "120" households and $10,000 for moderate "140". Each homeowner must provide at least $500 of their money for down payment costs. The County will work with the local financial institutions to qualify Revised 4/12/2007 6 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN applicants and to decide the value of SHIP funds needed on a case-by-case basis. e. Terms, Recapture and Default: The assistance will be in the form of a grant with no reeapture or a deferred payment loan with no interest, due and payable when the home is no longer owner occupied, is sold, a change in title occurs. or the homeowner chooses to refinance. This will be determined on a ease by ease basis depending on the project and amount of funding needed. All loans provided to households will be contractually subject to recapture as per the County's recapture requirements. These recapture provisions will be enforced by a note and second mortgage on the property. The assistance to very low, low and moderate-income homeowners will be a loan. The funds that come from St. Lucie County will be in the form ofa total ofG2% interest for the life of the loan that must be paid back to the County either by payments or due on sale when the home is no longer owner occupied. sold. when a change in title occurs. or the homeowner chooses to refinance. These G% loans have a maximum term of (30) years and provide a below market supplement to private market financing. Loans are deferred and will have a specific period and term for repayment, as stipulated in the second mortgage, beginning five years after closing (this includes Purchase-Rehab construction amounts). The payment must at least $25.00 per month. Should the owner move and/or vacate from the property or sell the unit before the thirty (30) years have passed, the balance of the loan will be due and repayable to the St. Lucie County Housing Trust Fund and/or Board of County Commissioners of S1. Lucie County for use in assisting other eligible households. Legally binding contractual agreements between property owners and the County will detail specific recapture provisions and terms and will include, but not necessarily be limited to, mortgages and notes. The loans noted above are a form of housing assistance to y'¥-ery low, Ibow, and mModerate income households. The loan is non-transferable to another person. Therefore, the borrower must pay off the loan if the property is sold, rented, or otherwise vacated. Any amounts received will be paid to the SHW S1. Lucie County Housing Trust Fund and/or Board of Countv Commissioners of S1. Lucie County for use in assisting another eligible household. f. Recipient Selection Criteria: Each application will be reviewed for income, credit worthiness and debt to income. If there are more eligible applicants than funds, those applicants will be ranked using the point scale below. Those with the highest score in their Revised 4/12/2007 7 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN income category will be chosen first, and those with lower scores will be assisted next or placed on a waiting list for the next funding cycle. 1) Income - Household income will be verified to decide if the household meets SHIP income guidelines. Households not meeting these guidelines will not be processed further and will be notified of their ineligibility. Applicants will be grouped into the following income categories: Very Low Income: Household incomes at or below 50% of the area median income as established annually by Florida Housing Finance Corporation will be considered first for funding. Applicants on a waiting list will be considered ahead of new applicants. Low Income: Household incomes at or below 80% of the area median income as established annually by Florida Housing Finance Corporation. Low-income applicants will be considered after very low-income applicants, Low-income applicants on a waiting list will be considered ahead of new applicants. Moderate" 1 00" Income: Household incomes at or below I 00% of the area median income will be ranked and considered after all very low and low- income applicants. both new and those on the waitin~ list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate "120" Income: Household incomes at or below 120% of the area median income will be ranked and considered after all very low and low- income applicants, both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate "140" Income - Essential Services Personnel: Household incomes at or below] 40% of the area median income will be ranked and considered after all very low and low-income applicants. both new and those on the waitin~ list have been considered. Applicants on a waiting list will be considered ahead of new applicants. 2) Credit Worthiness f..pplicants must qualify for a mortgage loan from a member of the 81. Lucie Cm.mty Lending Consortiœn. f.. credit report will be requested and reviewed. Only those applicants meeting the program's credit standards will be processed further. Households v,Tith credit problems vAll be informed of the problems and referred for counseling assistance. ~ House Debt - (Affordability) - Applicants will be screened for an income-to-debt ratio based on lender requirements. Monthly mortgage Revised 4/12/2007 8 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN payments, including taxes and insurance, may not exceed 30 percent of an amount representing the percentage of the area's median annual gross income for the household as indicated in 420.9071(19), (20) or (28), F.S. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of income for housing. Housing for which a household devotes more than 30 percent of income shall be deemed affordable if after careful consideration of all extenuating circumstances. the Housing Division the lending institution issuing the first mortgage is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. Extra Points Rankine: First Time Home Buvers 20 Points Down-payment contribution above the required $500 5 Points Special Needs Households 20 Points (Maximum) Households which meet any of the following categories arè considered special needs households: Elderly (62 or older) Handica ed Large Family (five or more) Disabled Farm Worker Sin Ie Parent A total of 45 points is possible. Funding will be awarded based upon total points in each income category as outlined above. g. Sponsor Selection Criteria: Eligible sponsors may develop new home construction projects. The selection criteria will be based on the proposed development's consistency with the St. Lucie County Comprehensive Plan. An eligible sponsor may be a private corporation, or a not for-profit, community-based organization. The selection criteria will be based on the sponsor's ability to proceed, the past experience of the sponsor in the development of affordable housing, and the amount of other funds leveraged by the proposed development. Priority will be given to an eligible sponsor who employs personnel from the W AGES and Workforce Development Initiatives program. h. Additional Information: Revised 4/12/2007 Subordination - It is 8t. Lucie County's policy not to subordinate. In cases where SHIP clients wish to refinance their first mortgage, the County will review if the household will benefit with an interest rate and/or payment reduction that is sufficient to offset the cost of refinancing and/or is of overall benefit to the client. The household may not receive any cash payments in the transaction. In general, the County will require that its original mortgage position be maintained, in that, taxes and insurance payments are escrowed. 9 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN Eligible Property 1) Property in the County - Funding must be used to purchase or rehabilitate property in ef S1. Lucie County. 2) Sales Price of Home/Purchase - The applicants will be advised that the maximum price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located, based on housing purchases during the most recent 12 (twelve) month period for which sufficient statistical information is available or, as established by the United States Department of Treasury. The median area purchase price used for application review will be the price that is in effect at the time an eligible person or sponsor is awarded funds through the S1. Lucie County SHIP Program. This price covers the house and the lot on which it sits. 3) Condition of Homes - Homes to be purchased or repaired/rehabilitated must be inspected by a County approved home inspection service and/or designee to determine the condition of the home and to list repairs that are eligible for completion with SHIP assistance. Coooty Housin£ Division staff will, in coordination with inspection service, choose which repairs must be accomplished and may establish the order in which the repairs must be completed. Funding may be denied if the anticipated funds needed to repair an existing home or a home to be purchased exceeds the amount available from the program, unless another source of funds is available to bring the home up to an acceptable condition. Ifthe anticipated funds to repair a home exceed 50% of the assessed value of the home, funding may be denied. Applications will be received until the funds have been encumbered, after an advertisement period and public awareness campaign. SHIP applicants must have a workshop Certificate of Completion from the ª S1. Lucie County First Time Home Buyers Workshop and have ª pre-approval letter from a member of the St. Lucie County Lending Consortium to make application. Special attention will be given to those groups serving very low,lew-and special needs populations. At the conclusion of the application period, the process will be as follows: S1. Lucie County SHIP program reserves the right to open a new funding opportunity and to receive applications from very low and low income families only, to remain in compliance with state regulations governing this program. All funding opportunities will be advertised thirty days before the funding cycle begins. Revised 4/12/2007 10 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN B. Name of the Strategy: Emergency And Substantial Housing Rehabilitation a. Summary of the Strategy: The purpose of this strategy is to assist with the repairs to owner-occupied homes in the County. This will allow the units to remain in the residential housing stock. The program provides funds to owner-occupants through repair or replacement/reconstruction assistance, eliminating housing related code violations, correcting safety and sanitary issues, adding needed living space, and water/sewer hookup assistance for failed or failing systems or water/sewer assessments. Two categories of repairs are included in this strategy: emergency repairs and substantial rehabilitation of residential owner-occupied homes. Emergency repairs include but are not limited to: · Leaking roofs · Faulty wiring · Failed septic and/or well · Water/Sewer Assessments Substantial rehabilitation of a housing unit may include but is not limited to repairs necessary to bring the residence into compliance with local building and health codes. Items other than code related repairs: · An alteration of the unit's interior or exterior to provide greater accessibility for a family member that has mobility impairment. · Measures to increase the energy efficiency of the housing unit. · Repair or replacement of heating and lor cooling systems. The SHIP program may pay for repairs to the unit for very low, low, and moderate income applicants on a first come, first complete, first serve basis. b. Fiscal Years Covered: 2004 2005,2005 2006, and 2006 20072007-2008. 2008-2009.2009-2010 At the beginning of each state fiscal years 2001 2005,2005 2006,2006 2007, 2007-2008.2008-2009.2009-2010 funds for assistance will be allocated to very low income households until staff determines that at least 30% of the funds to be used during the fiscal year will be applied to those households occupied by very low income applicants. After that, funds will be made available to low income. Revised 4/12/2007 11 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN c. Income Categories to be served: Very Low Income: Household incomes at or below 50% of the area median income will be considered first for funding. Applicants on a waiting list will be considered ahead of new applicants. Low Income: Household incomes at or below 80% of the area median income will be considered after all very low-income applicants, both new and on the waiting list. Applicants on a waiting list will be considered ahead of new applicants. Moderate "100" Income: Household incomes at or below 100% of the area median income will be ranked and considered after all verv low and low- income applicants. both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate ., 120" Income: Household incomes at or below 120% of the area median income will be ranked and considered after all very low and low- income applicants, both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate" 140" Income - Essential Services Personnel: Household incomes at or below 140% of the area median income will be ranked and considered after all verv low and low-income applicants. both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. d. Maximum award is noted on the Housing Delivery Goals Charts: SHIP funds may be used to help with emergency repairs and rehabilitation to homes that are owned and occupied by households with either very low, low, or moderate incomes. The loans will be up to $80,000 $45.000 for very low, and low, and $40.000 for moderate income applicants and essential services personnel. e. Terms. Recapture. and Default: The assistance will be in the form of a grant with no recapture or a deferred payment loan ",lÍth no interest, due and payable when the home is no longer owner occupied, is sold, a change in title occurs. or the homeowner chooses to refinance. This will be determined on a case by case basis depending on the project and amount of funding needed. Revised 4/12/2007 12 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN All loans provided to households will be contractually subject to recapture as per the County's recapture requirements. These recapture provisions will be enforced by a note and second mortgage on the property. The assistance to very low, low and moderate-income homeowners will be a loan. The funds that come from St. Lucie County will be in the form ofa total of9;l% interest leaa for the total life ofthe loan that must be paid back to the County eitflef by payments or due on sale when the home is no longer owner occupied, sold, when a chamæ in title occurs, or the homeowner chooses to refinance. These ~ loans have a maximum term of (30) years and provide a below market supplement to private market financing. Loans are deferred and will have a specific period and term for repayment, as stipulated in the second mortgage, beginning five years after closing (this includes Purchase-Rehab construction amounts). The payment must at least $25.00 per month. Should the owner move and/or vacate from the property or sell the unit before the thirty (30) years have passed, the balance of the loan will be due and repayable to the St. Lucie County Housing Trust Fund and/or Board of County Commissioners of St. Lucie County for use in assisting other eligible households. Legally binding contractual agreements between property owners and the County will detail specific recapture provisions and terms and will include, but not necessarily be limited to, mortgages and notes. The loans noted above are a form of housing assistance to y"¥-ery low, Ibow, and mModerate income households. The loan is non-transferable to another person. Therefore, the borrower must payoff the loan if the property is sold, rented, or otherwise vacated. Any amounts received will be paid to the SHIP St. Lucie County Housing Trust Fund and/or Board of County Commissioners of S1. Lucie County for use in assisting another eligible household. f. Recipient Selection Criteria: At the beginning of each state fiscal year, funds for assistance will be allocated to very low income households until staff determines that at least 30% of the funds to be used during the fiscal year will be applied to those households occupied by very low income applicants. After that, funds will be made available to low income households. Repairs and rehabilitation assistance will be available for existing owner occupied units in the very low and low-income categories. All applications will be screened and reviewed for the following eligibility factors: 1) Ineome Household income will be verified to determine if the household meets the SHIP income guidelines. Households not meeting these guidelines will not be processed further and 'Hill be notified of their ineligibility. Revised 4/12/2007 13 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN 1) Income - Household income will be verified to decide if the household meets SHIP income I.!,uidelines. Households not meeting these guidelines will not be processed further and wIll be notified oftheir ineligibility. Applicants will be grouped into the followinl.!, income categories: Verv Low Income: Household incomes at or below 50% ofthe area median income as established annuallv bv Florida Housing Finance Corporation will be considered first for fundinl.!,. Applicants on a waiting list will be considered ahead of new applicants. Low Income: Household incomes at or below 80% of the area median income as established annually by Florida Housing Finance Corporation. Low-income applicants will be considered after verv low-income applicants. Low-income applicants on a waiting list will be considered ahead of new applicants. Moderate "] 00" Income: Household incomes at or below 1 00% of the area median income will be ranked and considered after all very low and low- income applicants. both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate "~I 20" Income: Household incomes at or below] 20% of the area median income will be ranked and considered after all very low and low- income applicants. both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate"] 40" Income - Essential Services Personnel: Household incomes at or below 140% ofthe area median income will be ranked and considered after all very low and low-income applicants. both new and those on the waitinl.!, list have been considered. Applicants on a waiting list wil1 be considered ahead of new applicants. 2) SHIP funds may only be used for the repair of owner-occupied homes that comply with Chapter 553, Florida Statutes, which excludes mobile or manufactured homes. 3) Condition of Homes - Homes to be purchased or repaired/rehabilitated must be inspected by a County approved home inspection service and/or designee to determine the condition of the home and to list repairs that are eligible for completion with SHIP assistance. Coooty Housing Division staff will, in coordination with inspection service, choose which repairs must be accomplished and may establish the order in which the repairs must be Revised 4/12/2007 14 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN completed. Funding may be denied if the anticipated funds needed to repair an existing home or a home to be purchased exceeds the amount available from the program, unless another source of funds is available to bring the home up to an acceptable condition. If the anticipated funds to repair a home exceed 50% of the assessed value of the home, funding may be denied. If there are more eligible applicants then funds, those applicants will be ranked using the point scale below. Those with the highest score in their income category will be chosen first, and those with lower scores will be assisted next or placed on a waiting list for the next funding cycle. De ree of Emer enc Rooffailure, well and/or septic system 3 points for each system failure failure, plumbing and/or electrical failure. S ecial Needs Households 20 oints Households which meet any of the following categories are considered special needs households: Handica ed Large Family (five or more) Disabled Farm Worker Elderly (62 or older) Sin Ie Parent A total of 32 points is possible. Funding will be awarded based upon total points scored in each income category as outlined above. g. Sponsor Selection Criteria: An eligible sponsor may be a private cörporation, or a not for-profit, community-based organization. The selection criteria will be based on the sponsor's ability to proceed, the past experience of the sponsor in the development of affordable housing or performing repairs on residential properties. Priority will be given to an eligible sponsor who employs personnel from the W AGES and Workforce Development Initiatives program. An eligible sponsor may administer the rehabilitation and emergency repair program. The repairs will be completed on residential properties in the unincorporated portions of the County. The sponsor will be responsible for the initial inspections, work write-ups, purchase of materials with SHIP funds, and completion of the repair work. The sponsor will supervise and monitor any community service hours required of recipients for assistance with rehabilitation or repairs in their homes. Priority will be given to an eligible sponsor who employs personnel from the WAGES and Workforce Development Initiatives program. Revised 4/12/2007 15 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN h. Additional Information: Subordination - It is St. Lucie County's policy not to subordinate. In cases where SHIP clients wish to refinance their first mortgage, the County will review if the household will benefit with an interest rate and/or payment reduction that is sufficient to offset the cost of refinancing and/or is of overall benefit to the client. The household may not receive any cash payments in the transaction. In general, the County will require that its original mortgage position be maintained, in that, tax and insurance payments are escrowed. Eligible Property 1) Property in the County - Funding must be used to rehabilitate property in St. Lucie County. 2) Sales Price of Home /Purchase (Value) - The applicants will be advised that the maximum price or value for existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located, based on housing purchases during the most recent 12- month period for which sufficient statistical information is available or, as established by the United States Department of Treasury. The median area purchase price used for application review will be the price that is in effect at the time an eligible person or sponsor applies for participation in the St. Lucie County SHIP Program. This price covers the house and the lot on which the house sits. Applications will be screened in the order that they are received. These applications will be ranked based on income categories and ranking procedures as outlined above. Eligible households not receiving funding will be placed on a waiting list for the next SHIP funding cycle. As applications are taken for each year's funding, after an advertisement period, they will be added to the existing waiting list and ranked as outlined above. All applicants will be required to meet the screening factors. Inspections/Work Write-ups for Housing Rehabilitation County personnel, consultant, or an eligible sponsor will do inspections and work write-ups. Charges will be assessed to the Administration budget on any homes that are inspected and/or incur other expenses attributable to the project, but do not receive SHIP funding for repairs. Inspection and work write-up expenses will be charged for only those homes directly assisted with SHIP funding. Applications will be received until all of the funds are encumbered, after an advertisement period and public awareness campaign. Special attention will Revised 4/12/2007 16 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN be given to those groups serving very low, law and special needs populations. At the conclusion of the application period the process will be as follows: The St. Lucie County SHIP program reserves the right to open a new funding opportunity and to receive applications from very low and low-income families only, to remain in compliance with state regulations governing this program. All funding opportunities will be advertised thirty days before the funding cycle. C. Name of the Strategy: Disaster Mitigation/Recovery Contingency a. Summary of the Strategy: St. Lucie County is a coastal county that has, in the past, been adversely affected by disasters that are not necessarily associated with the hurricane season. Some residents affected by these disasters have had limited viable resources to help them with recovery from these events. This Disaster Mitigation/Recovery Contingency Strategy is not intended to be limited to hurricane events but to any federal, state or locally declared disaster if SHIP funds are available. Assistance will be available for SHIP eligible homeowners in the very low, low, and moderate-income categories and a maximum per unit award of $17,000 for very low, low, and moderate-income applicants. The total funds allowed for this contingency strategy will depend upon available funds. Funds will be used to protect owner-occupied homes from damage through temporary measures such as: tree removal preceding roof repair, or use of plastic sheeting preceding window replacement. It may also be used for repairing structural damage, roof repair and/or replacement, demolition costs, and retrofitting activities such as water proofing, elevating the structure according to the National Flood Insurance Program and Chapter 161, Florida Statutes and installing storm shutters. These funds, if available, may be used as a match for other forms of disaster assistance. The St. Lucie County SHIP program emergency repair strategy will comply with all SHIP related rules, regulations, and guidelines. As in all SHIP program strategies, funds cannot be used to help mobile homes or manufactured housing. However, SHIP funds can be used to help repair owner occupied manufactured buildings that have a Department of Community Affairs insignia attached to the structure (Chapter 553, Florida Statutes.) b. Fiscal Years Covered: 2001 2005,2005 2006,2006 20072007-2008,2008- 2009.2009-2010 Revised 4/12/2007 17 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN At the beginning of fiscal years 2001 2005,2005 2006, 2006 2007 2007- 2008.2008-2009,2009-2010, funds for assistance will be allocated to very low income households until staff determines that at least 30% of the funds to be used during the fiscal year will be applied to those units occupied by very low income households. After that, funds will be made available to low income and finally to moderate-income households. c. Income Categories to be served: Very Low Income: Household incomes at or below 50% of the area median income as established annually by Florida Housing Finance Corporation will be considered first for funding. Applicants on a waiting list will be considered ahead of new applicants. Low Income: Household incomes at or below 80% of the area median income as established annually by Florida Housing Finance Corporation. Low-income applicants will be considered after very low-income applicants, Low-income applicants on a waiting list will be considered ahead of new applicants. Moderate" 1 00" Income: Household incomes at or below 1 00% of the area median income will be ranked and considered after all verv low and low- income applicants. both new and those on the waiting list have been considered. Applicants on a waitin!.! list will be considered ahead of new applicants. Moderate "120" Income: Household incomes at or below 120% ofthe area median income will be ranked and considered after all very low and low- income applicants, both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate "140" Income - Essential Services Personnel: Household incomes at or below 140% of the area median income will be ranked and considered after all very low and low-income applicants. both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. d. Maximum award is noted on the Housing Delivery Goals Charts: SHIP funds may be used to help with emergency repairs and rehabilitation of owner-occupied homes for very low, low and moderate. The loans will be up to $17,000 for very low, low, and moderate-income applicants. e. Terms, Recapture, and Default: The assistance will be in the form of a grant with no recaptl.He or a deferred Revised 4/12/2007 18 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN payment loan '.vith no interest, due and payable when the home is no longer owner occupied, is sold, a change in title occurs, or the homeowner chooses to refinance. This vlill be determined on a ease by case basis depending on the project and amount of funding needed. All loans provided to households will be contractually subject to recapture as per the County's recapture requirements. These recapture provisions will be enforced by a note and second mortgage on the property. The assistance to very low, low and moderate-income homeowners will be a loan. The funds that come from St. Lucie County will be in the form ofa total ofG.l% interest leaB: for the total life of the loan that must be paid back to the County eithef by payments or due on sale when the home is no longer owner occupied, sold, when a change in title occurs, or the homeowner chooses to refinance. These f)% loans have a maximum term of (30) years and provide a below market supplement to private market financing. Loans are deferred and will have a specific period and term for repayment, as stipulated in the second mortgage, beginning fiye years after closing (this includes Purchase-Rehab construction amounts). The payment must at least $25.00 per month. Should the owner move and/or vacate from the property or sell the unit before the thirty (30) years have passed, the balance of the loan will be due and repayable to the St. Lucie County Housing Trust Fund and/or Board of Count v Commissioners of S1. Lucie County for use in assisting other eligible households. Legally binding contractual agreements between property owners and the County will detail specific recapture provisions and terms and will include, but not necessarily be limited to, mortgages and notes. The loans noted above are a form of housing assistance to y¥ery low, lbow, and mModerate income households. The loan is non-transferable to another person. Therefore, the borrower must pay offthe loan ifthe property is sold, rented, or otherwise vacated. Any amounts received will be paid to the SlIIP St. Lucie County Housing Trust Fund and/or Board of County Commissioners of S1. Lucie County for use in assisting another eligible household. f. Recipient Selection Criteria: At the beginning of each state fiscal year, funds for assistance will be allocated to very low income households until staff determines that at least 30% of the funds to be used during the fiscal year will be applied to those units occupied by very low income households. After that, funds will be made available to low income and finally to moderate-income households. In the event of a federal state or locally declared disaster any SHIP funds not otherwise encumbered will be available to assist victims of the disaster who own and occupy a home in the unincorporated area of St. Lucie County. The applications will be reviewed using the following criteria: 19 Revised 4/12/2007 ST LUCIE COUNTY LOCAL HOUSING ASSISTANCE PLAN Revised 4/12/2007 1) Income Household income will be '¡erified to determine if the household meets the SHIP income guidelines. Households not meeting these guidelines ""ill not be processed further and will be notified of their ineligibility. 1) Income - Household income will be verified to decide if the household meets SHIP income guidelines. Households not meeting these guidelines will not be processed fUliher and will be notified of their ineligibility. Applicants will be grouped into the following income categories: Very Low Income: Household incomes at or below 50% of the area median income as established annually by Florida Housing Finance Corporation will be considered first for funding, Applicants on a waiting list will be considered ahead of new applicants. Low Income: Household incomes at or below 80% of the area median income as established annuallv bv Florida Housing Finance Corporation. Low-income applicants will be considered after very low-income applicants. Low-income applicants on a waiting list will be considered ahead of new applicants. Moderate "100" Income: Household incomes at or below 100% of the area median income will be ranked and considered after all very low and low- income applicants. both new and those on the waiting list have been considered, Applicants on a waiting list will be considered ahead of new applicants, Moderate "120" Income: Household incomes at or below 120% of the area median income will be ranked and considered after all very low and low- income applicants. both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. Moderate "140" Income - Essential Services Personnel: Household incomes at or below 140°;() of the area median income will be ranked and considered after all verv low and low-income applicants. both new and those on the waiting list have been considered. Applicants on a waiting list will be considered ahead of new applicants. 2) SHIP funds may only be used for the repair of owner-occupied homes that comply with Chapter 553, Florida Statutes, which excludes mobile or manufactured homes. Applicants will be screened in the order they are received. 20 If there are more eligible applicants then funds, those applicants will be ranked using the point scale below. Those with the highest score in their income category will be chosen first, and those with lower scores will be assisted next or placed on a waiting list for the next funding cycle. De ee of Emer ency Rooffailure, well and/or septic system 3 points for each system failure failure, plumbing and/or electrical failure. S ecial Needs Households 20 oints Households which meet any of the following categories are considered special needs households: Handica ed Large Family (five or Farm Worker more) Disabled Sin Ie Parent Elderly (62 or older) A total of 32 points is possible. Funding will be awarded based upon total points scored in each income category as outlined above. g. Sponsor Selection Criteria: An eligible sponsor may be a private corporation, or a not for-profit, community-based organization. The selection criteria will be based on the sponsor's ability to proceed, the past experience of the sponsor in the development of affordable housing or performing repairs on residential properties. Priority will be given to an eligible sponsor who employs personnel from the WAGES and Workforce Development Initiatives program. An eligible sponsor may administer the rehabilitation and emergency repair program. The repairs will be completed on residential properties in the unincorporated portions of the county. The sponsor will be responsible for the initial inspections, work write-ups, purchase of materials with SHIP funds, and completion of the repair work. The sponsor will supervise and monitor any community service hours required of recipients for assistance with rehabilitation or repairs in their homes. Priority will be given to an eligible sponsor who employs personnel from the WAGES and Workforce Development Initiatives program. h. Additional Information: Subordination - It is St. Lucie County's policy not to subordinate. In cases where SHIP clients wish to refinance their first mortgage, the County will review if the household will benefit with an interest rate and/or payment 21 Revised 4/12/2007 reduction that is sufficient to offset the cost of refinancing and/or is of overall benefit to the client. The household may not receive any cash payments in the transaction. In general, the County will require that its original mortgage position be maintained, in that, tax and insurance payments are escrowed. Eligible Property 1) Property in the unincorporated areas of the County - Funding must be used to purchase or rehabilitate property in the unincorporated areas of St. Lucie County. 2) Sales Price of HomelPurchase - The applicants will be advised that the maximum price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located, based on housing purchases during the most recent 12-month period for which sufficient statistical information is available or, as established by the United States Department of Treasury. The median area purchase price used for application review will be the price that is in effect at the time an eligible person or sponsor applies for participation in the St. Lucie County SHIP program. This price covers the house and the lot the house sits on. III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.s. , A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Expedited permitting processes for affordable housing projects. St. Lucie County's permitting process shall remain as it exists; however, if affordable housing projects begin to experience delays, beyond the normal permitting time frame and not related to developer changes, of more than four weeks on any phase of the permitting process, then such affordable housing projects will be processed ahead of other projects to be considered. For the purposes of expedited permit processes, affordable housing projects will be identified as those projects assisted with state or federal funds. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. a. Established policy and procedures: Establishment of a process by which the local government considers, before adoption, the impact of proposed policies, procedures, ordinances, regulations, or plan provisions has upon the cost of housing. County staff is assigned the task of reviewing proposed regulations, which may significantly affect affordable Revised 4/12/2007 22 housing in unincorporated St. Lucie County. County staff will report those findings and make recommendations to the Board of County Commissioners where appropriate. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumberance and Expenditure: Chapter 67-37,005(6}(d) and (j) FA.C A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end ofthe applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005, FA.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37.005(7), FA.C Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072(2}(b)2, FS. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. Revised 4/12/2007 23 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Admin BudQet Fiscal Year 2007-2008 Salaries and Benefits $ 63,411.55 Office Supplies and Equipment $ 667.49 Travel Perdiem Workshops, etc $ 2,002.47 Advertising $ 667.49 $ $ 66,749.00 Fiscal Year 2008-2009 Salaries and Benefits $ 63,411.55 Office Supplies and Equipment $ 667.49 Travel Perdiem Workshops, etc $ 2,002.47 Advertising $ 667.49 $ $ 66,749.00 Fiscal Year 2009-2010 Salaries and Benefits $ 63,411.55 Office Supplies and Equipment $ 667.49 Travel Perdiem Workshops, etc $ 2,002.47 Advertising $ 667.49 $ $ 66,749.00 Based on a distribution of $667,494.00 Exhibit A en - is :ë >< llJ - I- I I 1-1 ~ 14ti --I - I - t- I 1 I - IT 1-: T -tI~- f-tF- 1 _I I -4~ _ ~ t++Htt~+=:=+=~ ="~~ ++-=+= ~ -=H-+_-4- 1 ==~;+~ ~~ 1 - I-I =+ >< - - 1--1-- ~ c ::s 0 -R::-- #-=F--K== u Q) 'u ::s oJ .,J m - --- I co .oJ Î - '-- _I 1__ 0 c 0 Q) N E ;:: E 0 Q) 0 ~ N ó: C) e:( ¡¡¡ - ~- + - '--- w (,.) >- 0 11 __ _ : oJ oJ e:( õ I "I I I" I _ : U m Q) ii: E IV -tt:=- LL~+H+- L ! w Z l- e:( I- m -I 1 _~ _ ; a::: 0 - - I . 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"0 "0 0 "¡ Q) (IJ ~ > ~ ~ Ê ~ '£ 'ë' U) Õ n.c..i5... - ::R ~ ~ ~ «, ~ b 0 " N ci 0 eo ~ 0 ..... ~ o o 0 o 0 a <o:i o 0> o '<t ..., t.Ó Ñ Ceoeo :¡ .,., "" o "" E « 81 '<t 0> '<t ....,:-¡ ~l i I 1 I C ~ o 'C ..II: co CD .. m ell C E o 0 :¡:¡ U ell ~ .5 E .5!~0 « .9 g ~~ ~.9 CD E o U .5 .! ~ :;æ I '0..... 00 ::¡¡..... Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: S1. Lucie County (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan confonns to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure confonnance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as pennitted bylaw. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. 1 Exhibit D Page 2 Certification (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 F AC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida X has or _ has not been implemented. Witness Chief Elected Official or designee Witness Type Name and Title Date OR Attest: (Seal) 2 RESOLUTION NO. 07-142 A RESOLUTION ÖF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 04-132 TO AMEND THE LOCAL HOUSING ASSISTANCE PLAN FOR ST LUCIE COUNTY, AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM. WHEREAS, on June 15, 1993, this Board adopted Ordinance No. 93-017, which established Chapter 1-10.5, Article IV, State Housing Initiatives Partnership of St. Lucie County (SHIP-SLC), of the St. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, on November 14, 2000, this Board adopted Resolution No. 00-269 which provided for the adoption of the amended local housing assistance plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and. WHEREAS, on March 13, 2001 this Board adopted Resolution No. 01-75 which provided for the adoption of the amended local housing assistance plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and, WHEREAS, on May 8, 2001, this Board adopted Resolution No. 01-96 which provided for the adoption of the amended local housing assistance plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and, WHEREAS, in accordance with Ordinance No. 93-017, as amended, and the State Housing Initiatives Partnership Act, Section 420.907, Florida Statutes, this Board must approve, by resolution, any amendment to the Local Housing Assistance Plan which delineates affordable housing strategies and identifies the average and maximum purchase prices for eligible property; and, WHEREAS, this Board is required to adopt the new Local Housing Assistance Plan for St. Lucie County for State of Florida fiscal years 2007-2008, 2008-2009, 2009-2010; and, WHEREAS, the County may move funds between strategies as necessary to maintain compliance with State requirements and/or meet specific community needs; and, WHEREAS, in order to expedite the closing process for approval of SHIP closing cost and down payment assistance mortgages, this Board has determined it is appropriate to increase the SHIP program signing authority for the Community Services Director, f/k/a Human Services Manager, up to and including Twenty Five Thousand and no/100 Dollars ($25,000.); and, WHEREAS, in accordance with Section 420.9072, Florida Statutes, ten percent (10%) of the local housing distribution and five percent (5%) of the program income will be used to pay the administrative cost of the local housing assistance plan; and, WHEREAS, in order to expedite the process of filing the Satisfaction of Mortgage, this Board has determined it is appropriate to authorize the County Administrator to execute the Satisfaction of Mortgage; and, WHEREAS, the average and maximum SHIP funds allowable for the Housing Assistance Plan strategy set forth in the Local Housing Assistance Plan are: LHAP Strateav SHIP Averaqe Award Very Low Income Low Income Moderate "100" & "120" Moderate" 140" Down Pavment Assistance $20,000 $15,000 $15,000 $10,000 Housinq Rehabilitation $45,000 $45,000 $40,000 $40,000 1. The maximum sales price or value of new or existing eligible housing may not exceed 90 percent of the average area purchase price in the statistical area in which the eligible housing is located, which housing was purchased during the most recent 12-month period for which sufficient statistical information is available or, as established by the United States Department of Treasury. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Resolution No. 04-132 is hereby amended by adopting the Local Housing Assistance Plan for St. Lucie County, incorporated herein by reference, for State of Florida fiscal years 2007-2008, 2008-2009, 2009- 2010. B. Resolution No. 04-132 is hereby further amended to increase SHIP program signing authority for the Community Services Director, flk/a Human Services Manager, up to and including Forty Five Thousand and no/100 Dollars ($45,000.00) After motion and second the vote onthis resolution was as follows: Chairman Chris Craft Vice Chairman Joseph Smith Commissioner Doug Coward Commissioner Charles Grande Commissioner Paula Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 24th day of April 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Exhibit F - STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: St. Lucie County CHIEF ELECTED OFFICIAL (Mayor, Chainnan, etc.): Chris Craft. Chairman ADDRESS: 2300 Vir2inia Avenue Fort Pierce. FL 34982 SHIP ADMINISTRATOR: John Franklin. Housin2 Mana2er ADDRESS: 437 N 7th Street Fort Pierce. FL 34950 TELEPHONE:(772 ) 462-2375 F AX: (772 ) 462-2855 EMAIL ADDRESS: franklii{a),stlucieco.2ov ADDITIONAL SHIP CONTACTS: ADDRESS: EMAIL ADDRESS: INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000835 MAIL DISBURSEMENT TO: ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: X NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of III the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 AGENDA REQUEST ITEM NO: C-12-B DATE: April 24, 2007 Regular[ ] Public Hearing [ ] Consent [X ] TO: Board of County Commissioners PRESENTED BY: rh~ Beth Ryder, Director \ù SUBMITTED BY: Community Services SUBJECT: Authorization to submit grant application for Community Services Block Grant TraininglTechnical Assistance Program: Earned Income Tax Credit and other Asset Formation Opportunities. BACKGROUND: St. Lucie County Community Services, Fort Pierce Housing Authority (Family Self Sufficiency), AARP, United Way, The Cooperative Extension, Consumer Credit Counseling Services, and the One Stop Career Centers vim partner on this project. The grant award will be used to provide services to low income residents through the provision of free tax preparation, including Earned Income Tax Credit filing; financialliteracy/asset formation education; life skills education in the areas afe1fi!ctive household management and budgeting techniques; debt-management, and participation in other asset-building opportunities. FUNDS AVAIL: There is no match required for this grant. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the submission of a grant application to the US Department of Health and Human Services requesting an amount not to exceed $50,000 to further a program to provide capacity-building collaborations that create or expand asset formation and financial literacy services among low-income households, accept the grant if awarded and authorize the Chairmen to sign all necessary documents. COMMISSION ACTION: CONCURRENCE: [~APPROVED [] DENIED [] OTHER: (0- f.¡d Douglas M. Anderson County Administrator Coordina:{¡OO1\5ìimañ:lI'e5 "'__&8_~\I\~ _"", other '.- Other: County Attomey:x Originating Department: Finance:x Check for copy only, if applicable Approved S-O COMMUNITY SERVICES MEMORANDUM #07-165 TO: Board of County Commissioners FROM: Beth Ryder, Director SUBJECT: DATE: Authorization to submit grant application for Community Services Block Grant TrainingITechnical Assistance Program: Earned Income Tax Credit and other Asset Formation Opportunities. April 24, 2007 The US Department of Health and Human Services is requesting grant proposals for programs to provide funds for capacity-building collaborations that crea\e Of expand asset formation and financial literacy services among low-income households. This program furthers the Community Services Block Grant objective of assisting low-income individuals to be become more self-sufficient. St. Lucie County Community Services, Fort Pierce Housing Authority (Family Self Sufficiency), AARP, United Way, The Cooperative Extension, Consumer Credit Counseling Services, and the One Stop Career Centers will partner on this project. The grant award will be used to provide services to low income residents through the provision of free tax preparation, including Earned Income Tax Credit filing; financialliteracylasset formation education; life skills education in the areas of effective household management and budgeting techniques; debt-management, and participation in other asset-building opportunities. The projects carried out by this network will offer a range of services that help eligible clients take advantage of asset formation opportunities, increase disposable income, build financial resources and make wiser financial decisions that ultimately help the community thrive and become more economically stable. The current proposal will build on existing programs. Staff Recommendation: Staff recommends the Board of County Commissioners authorize the submission of a grant application to the US Department of Health and Human Services requesting an amount not to exceed $50,000 to further a program to provide capacity-building collaborations that create or expand asset formation and financial literacy services among low-income households, accept the grant if awarded and authorize the Chairman to sign all necessary documents. G:IMEMOSIMemos 2007\07-165 - Agenda request for EITC Grant.doc Program Office: Funding Opportunity Title: Announcement Type: Funding Opportunity Number: CFDA Number: Due Date for Applications: Executive Summary: Department of Health &. Human Services Administration for Children and Families Office of Community Services Community Services Block Grant (CSBG) Training and Technical Assistance (T/TA) Program: Earned Income Tax Credit (EITC) and Other Asset Formation Opportunities Initial HHS-2007-ACF-OCS-ET -0086 93.570 04/30/2007 The Office of Community Services (OCS) within the Administration for Children and Families (ACF) announces that competing applications will be accepted for a grant pursuant to the Secretary's authority under Section 678A of the Community Services Block Grant (CSBG) Act. The CSBG Training and Technical Assistance (T/TA) Program: Earned Income Tax Credit (EITC) and Other Asset Formation Opportunities will fund up to 10 capacity-building collaborations that create or expand asset formation and financial literacy services offered by eligible entities funded under the CSBG program in support of National Community Action Goal "1" (Low Income People Become More Self- sufficient). I. FUNDING OPPORTUNITY DESCRIPTION Legislative Authority OCS announces that competing applications will be accepted for the CSBG Training and Technical Assistance (T/TA) program: Earned Income Tax Credit (EITC) and Other Asset Formation Opportunities. The legislative authority for these grants is Section 678A of the Community Services Block Grant (CSBG) Act, as amended, by the Community Opportunities, Accountability, and Training and Educational Services (COATES) Human Services Reauthorization Act of 1998 Public Law (P.L.) 105-285. This action will fund up to 10 capacity-building collaborations that create or expand asset formation and financial literacy services offered by eligible entities funded under the CSBG program in support of National Community Action Goal "1" (Low Income People Become More Self-sufficient). As part of an OCS initiative, OCS is encouraging the creation or strengthening of partnerships aimed at increasing the financial education, literacy and asset formation of low-wage earning households. OCS is committed to promoting and funding projects that use asset formation financial strategies to teach low-income families and individuals how to become economically self-sufficient. OCS views such strategies as viable and innovative approaches to empowering low-income individuals and families to become more self-sufficient and self-reliant. EITC is a refundable Federal tax credit designed to encourage employment in low-income families and to offset the effects of Medicare and Social Security payroll taxes on working-poor families. EITC is widely viewed as a key support in welfare-to-work and asset- building strategies. EITC is regarded not only as an income supplement to meet immediate expenses, but also as a resource that might be directed toward asset-building strategies. Low-income families can be assisted to use the credit to accrue wealth, achieve economic self-sufficiency, and break the cycle of poverty. Up to 30 percent of low-income families do not have a checking or savings account with a financial institution, have poor financial management skills and/or credit record, and need assistance with asset-building strategies; therefore, finding a way to link EITC to affordable banking services, financial literacy, and savings and asset- building options is critical. According to recent studies by the Government Accountability Office, a substantial number of eligible individuals and families fail to claim EITC. OCS seeks to lower the number of eligible households entitled to, but not receiving, this benefit. Funds will be awarded to provide capacity-building assistance that enables local, State or regional CSBG networks to plan, establish, 2 improve or expand asset formation and financial service opportunities for eligible individuals and families. The projects carried out by these networks should be designed to help low-wage earners, at or near the poverty level, become more knowledgeable about money management and other financial services. Additionally, the projects carried out by these networks must offer a range of services that help eligible clients take advantage of asset formation opportunities, increase disposable income, build financial resources and make wiser financial decisions that ultimately help the community thrive and become more economically stable. Formal State CSBG Lead Agencies and State Community Action Agency (CAA) Association partnerships are especially encouraged to apply for funding. DCS realizes that CSBG service providers will be most effective in helping low-income individuals and families increase assets and financial literacy when they partner with others in the community. Therefore, applicants that show collaborations with other community-based organizations and institutions are also strongly encouraged to apply. Successful applicants for these grants must have a plan for assisting the CSBG network's ability to provide EITC outreach, free tax preparation, and other financial and asset formation services and training within the Communitv Services Network. The network includes local CAA's and other CSBG eligible entities; State CSBG offices and other national associations; CAA State, regional and national associations; and related organizations that collaborate and participate with CAA's and other eligible entities in their efforts on behalf of low-income people. At a minimum, all projects funded in this area must present proof that within the collaborative there exists a partner with demonstrated experience in the delivery of EITC outreach and free tax preparation services, and should include a description (letters of agreement or memoranda of understanding, see Section V.l Third Party Agreements) of the nature of the existing or proposed working relationship with the local Internal Revenue Service (IRS) office. Applicants must also describe how their proposed plan and training curriculum will improve or expand the access of eligible low-income families and individuals to tax preparation and asset formation information and services beyond the scope of the current offerings, as well as identifying constituencies who have been underserved with these programs. Successful applicants will propose projects that will affect more than 3 one local CSBG service area. This program is not appropriate for projects proposing stand-alone services that affect and target only one particular community. Formal State CSBG Lead Agencies and State CAA Association partnerships and Community Service Network collaborations that address the needs of communities are especially encouraged to apply for these funds and will receive priority consideration for funding. The application must clearly show the roles and responsibilities of each collaborating partner. Letters of agreement and memoranda of understanding on agency letterhead with signatures from persons authorized to act on behalf of the collaborating partner(s) must be included in the application as referenced in the Checklist in Section IV and Section V. Innovation is encouraged. To the extent possible, projects should include the following: · Help eligible, former Temporary Assistance for Needy Families (TANF) clients with earnings in a tax year (2006 or most current year) to apply for and receive the Federal and/or State EITC and other cash benefits or services to which they are entitled. · Ensure that staff and volunteers of local CSBG-funded organizations and/or their partners are trained and certified to provide free tax preparation services. · Recruit, support, and retain qualified volunteers committed to the goals of the initiative. · Facilitate outreach to TANF clients through hiring staff or training volunteers responsible for specific outreach to the community. TANF client outreach should include education on EITC, filing requirements, and information provided about available free income tax services offered by the agency and/or available in the community. Former TANF clients should be scheduled for a free income tax filing appointment. · Provide life skills education that helps low-income individuals and families learn and apply effective household management and budgeting techniques. · Help clients establish and use banking and financial services, such as checking and savings accounts, thereby reducing or eliminating their reliance on the high-fee, high interest check 4 cashing and loan services that are prevalent and widely used in low-income neighborhoods. . Present materials in different languages based on the needs of eligible households. . Assist families and individuals to boost savings in Individual Development Accounts and/or to participate in other asset- building opportunities such as pre-purchase and post-purchase housing support, 529 college savings plans, and other asset tools. II. AWARD INFORMATION Funding Instrument Type: Anticipated Total Priority Area Funding: Anticipated Number of Awards: Grant $500,000 10 Ceiling on Amount of Individual Awards: $50,000 per budget period Floor on Amount of Individual Awards: None Average Projected Award Amount: $50,000 per budget period Length of Project Periods: 36-month project with three 12-month budget periods Awards under this announcement are subject to the availability of funds. III. ELIGIBILITY INFORMATION 1. Eligible Applicants: 5 · Others (See below) Foreign entities are not eligible under this announcement. Faith-based and community organizations that meet the statutory eligibility requirements are eligible to apply under this announcement. Eligible applicants for these grants are eligible entities, or statewide or local organizations, or associations with demonstrated expertise in providing training to individuals and organizations on methods of effectively addressing the needs of low-income families and communities. Eligible entity means any organization that was officially designated as a CAA or a community action program under Section 673(1) of the CSBG Act, as amended by the Human Service Amendments of 1994 (P.L.103-252), and meets all the requirements under Section 673(1)(A) and 676A of the CSBG Act, as amended by the COATES Human Services Reauthorization Act of 1998. All eligible entities are current recipients of CSBG funds, including migrant and seasonal farm worker organizations that received CSBG funding in the previous fiscal year. Please see Section IV for required documentation supporting eligibility or funding restrictions if any are applicable. 2. Cost Sharing or Matching: None 3. Other: Disqualification Factors Applications with requests that exceed the ceiling amount (for research projects) or the upper range value (for all other projects) will be deemed non-responsive and will not be considered for funding under this announcement. See Section II., Award Information. Any application that fails to satisfy the deadline requirements referenced in Section IV.3., Submission Dates and Times, will be deemed non-responsive and will not be considered for funding under this announcement. IV. APPLICATION AND SUBMISSION INFORMATION 1. Address to Request Application Package: 6 Peter Thompson Office of Community Services Operations Center 1515 Wilson Blvd., Suite 100 Arlington, VA 22209 Phone: 800-281-9519 Email: OCS@lcqnet.com 2. Content and Form of Application Submission: Number of Projects in Application Each application may include only one proposed project. D-U-N-S Requirement All applicants must have a D&B Data Universal Numbering System (D- U-N-S) number. On June 27, 2003, the Office of Management and Budget (OMB) published in the Federal Register a new Federal policy applicable to all Federal grant applicants. The policy requires Federal grant applicants to provide a D-U-N-S number when applying for Federal grants or cooperative agreements on or after October 1, 2003. The D-U-N-S number will be required whether an applicant is submitting a paper application or using the government-wide electronic portal, Grants.gov. A D-U-N-S number will be required for every application for a new award or renewal/continuation of an award, including applications or plans under formula, entitlement, and block grant programs, submitted on or after October 1, 2003. Please ensure that your organization has a D-U-N-S number. You may acquire a D-U-N-S number at no cost by calling the dedicated toll-free D-U-N-S number request line at 1-866-705-5711 or you may request a number on-line at http://www.dnb.com. Proof of Non-Profit Status Non-profit organizations applying for funding are required to submit proof of their non-profit status. Proof of non-profit status is anyone of the following: · A reference to the applicant organization's listing in the IRS's most recent list of tax-exempt organizations described in the IRS Code. · A copy of a currently valid IRS tax-exemption certificate. 7 · A statement from a State taxing body, State attorney general, or other appropriate State official certifying that the applicant organization has non-profit status and that none of the net earnings accrue to any private shareholders or individuals. · A certified copy of the organization's certificate of incorporation or similar document that clearly establishes non-profit status. · Any of the items in the subparagraphs immediately above for a State or national parent organization and a statement signed by the parent organization that the applicant organization is a local non-profit affiliate. When applying electronically, we strongly suggest that you attach your proof of non-profit status with your electronic application. Private, non-profit organizations are encouraged to submit with their applications the survey titled "Surveyon Ensuring Equal Opportunity for Applicants" found under the "Survey" heading at: http://www.acf.hhs.gov/qrants/grantsresources.html. Forms, Assurances, and Certifications The project description should include all the information requirements described in the specific evaluation criteria outlined in this program announcement under Section V. Application Review Information. In addition to the project description, the applicant needs to complete all of the Standard Forms required as part of the application process for awards under this announcement. Applicants seeking financial assistance under this announcement must file the appropriate Standard Forms (SFs) as described in this section. All applicants must submit an SF-424, Application for Federal Assistance. For non-construction programs, applicants must also submit an SF-424A, Budget Information and an SF-424B, Assurances. For construction programs, applicants must also submit SF-424C, Budget Information and SF-424D, Assurances. For research programs that involve human subjects, the Protection of Human Subjects Assurance Identification/IRB Certification/Declaration of Exemption form must be submitted. All forms may be reproduced for use in submitting applications. Applicants must sign and return the standard forms with their application. Applicants must furnish, prior to award, an executed copy of the Certification Regarding Lobbying. Applicants must sign and return the certification with their application. The Certification Regarding 8 Lobbying may be found at: http://www.acf.hhs.gov/grants/grantsresources.html. (If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit Standard Form (SF)-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.) Applicants must also understand that they will be held accountable for the smoking prohibition included within Public Law (P.L.) 103-227, Title XII Environmental Tobacco Smoke (also known as the PRO-KIDS Act of 1994). A copy of the Federal Register notice that implements the smoking prohibition is included with this form. By signing and submitting the application, applicants are providing the necessary certification and are not required to return it. Applicants must make the appropriate certification of their compliance with all Federal statutes relating to nondiscrimination. By signing and submitting the application, applicants are providing the necessary certification and are not required to return it. Complete the standard forms and the associated certifications and assurances based on the instructions on the forms. The forms and certifications may be found at: http://www.acf.hhs.gov/grants/grantsresources.html. Private, non-profit organizations are encouraged to submit with their applications the survey titled "Survey on Ensuring Equal Opportunity for Applicants" found under the "Survey" heading at: http://www.acf.hhs.gov/qrants/qrantsresources.html. Please see Section V.l for instructions on preparing the full project description. Please reference Section IV.3 for details about acknowledgement of received applications. Electronic Submission Applicants to ACF may submit their applications in either electronic or paper format. To submit an application electronically, please use the http;//www.Grants.gov site. When using www.Grants.gov, applicants will be able to download a copy of the application package, complete it off-line, and then upload 9 I and submit the application via the wWW.Grants.gov site. ACF will not accept grant applications via facsimile or email. Acceptable electronic formats for the application attachments (narratives, charts, etc.) must use the following standard technologies, i.e., Microsoft (Word and Excel), Word Perfect, Adobe PDF, Jpeg, and Gif. IMPORTANT NOTE: Before submitting an electronic application, applicants must complete the organization registration process as well as obtain and register "electronic signature credentials" for the Authorized Organization Representative (AOR). Since this process may take more than five business days, it is important to start this process early, well in advance of the application deadline. Be sure to complete all www.Grants.gov registration processes listed on the Organization Registration Checklist, which can be found at hUe:1 Iwww.acf.hhs.9ov/grants/reqistrationchecklist.html. Please note the following if planning to submit an application electronically via www.Grants.gov: \ · Electronic submission is voluntary, but strongly encouraged. · Applicants may access the electronic application for this program at http://www.Grants.gov. There applicants can search for the downloadable application package by utilizing the www.Grants.gov FIND functiQn. · It is strongly recommended that applicants do not wait until the application deadline date to begin the application process through www.Grants.gov. Applicants are encouraged to submit their applications well before the closing date and time so that if difficulties are encountered there will still be sufficient time to submit a hard copy via express mail. It is to an applicant's advantage to submit 24 hours ahead of the closing date and time in order to address any difficulties that may be encountered. . To use www.Grants.gov, you, the applicant must have a D-U-N- S number and register in the Central Contractor Registry (CCR). Applicants should allow a minimum of five days to complete the CCR registration. REMINDER: CCR registration expires each year and thus must be updated annually. Applicants cannot upload an application to www.Grants.gov without having a current CCR 10 registration AND electronic signature credentials for the AOR. . The electronic application is submitted by the AOR. To submit electronically, the AOR must obtain and register electronic signature credentials approved by the organization's E-Business Point of Contact who maintains the organization's CCR registration. . Applicants may submit all documents electronically, including all information typically included on the SF-424 and all necessary assurances and certifications. · Though applying electronically, the application must still comply with any page limitation requirements described in this program announcement. · After the application is submitted electronically submit your application, the applicant will receive an automatic acknowledgement from www.Grants.gov that contains a www.Grants.gov tracking number. ACF will retrieve the electronically submitted application from www.Grants.gov. · ACF may request that the applicant provide original signatures on forms at a later date. · Applicants will not receive additional point value for submitting a grant application in electronic format, nor will ACF penalize an applicant if they submit an application in hard copy. · If any difficulties are encountered in using www.Grants.gov, please contact the Grants.gov Contact Center at: 1-800-518- 4726, or by email at support@grants.qov to report the problem and obtain assistance. · Checklists and registration brochures are maintained to assist applicants in the registration process and may be found at: http://www.grants.qov/applicants/get registered. isp. · When submitting electronically via www.Grants.gov, applicants must comply with all due dates AND times referenced in Section IV.3. Submission Dates and Times. · For applicants that must demonstrate proof of non-profit status before the award date, ACF strongly suggests that proof of non- profit status be attached to the electronic application. Proof of 11 non-profit status and any other required documentation may be scanned and attached as an "Other Attachment." Acceptable types of proof of non-profit status are stated earlier in this section. . The Grants.gov website complies with Section 508 of the Rehabilitation Act of 1973. Grants.gov webpages are designed to work with assistive technologies such as screen readers. If an applicant uses assistive technology and is unable to access any material on the site, email the www.Grants.gov contact center at support(â)grants.gov for assistance. Hard Copy Submission Applicants that are submitting their application in paper format should submit one original and two copies of the complete application. The original and each of the two copies must include all required forms, certifications, assurances, and appendices, be signed by an authorized representative, and be unbound. The original copy of the application must have original signature(s). 3. Submission Dates and Times:· Due Date for Applications: 04/30/2007 Explanation of Due Dates The due date for receipt of applications is referenced above. Applications received after 4:30 p.m., eastern time, on the due date will be classified as late and will not be considered in the current competition. Applicants are responsible for ensuring that applications are mailed or hand-delivered or submitted electronically well in advance of the application due date and time. Mail Applications that are submitted by mail must be received no later than 4:30 p.m., eastern time, on the due date referenced above at the address listed in Section IV.6. Hand Delivery Applications hand carried by applicants, applicant couriers, other representatives of the applicant, or by overnight/express mail couriers must be received on or before the due date referenced above, between the hours of 8:00 a.m. and 4:30 p.m., eastern time, at the address 12 referenced in Section IV. 6., between Monday and Friday (excluding Federal holidays). Electronic Submission Applications submitted electronically via Grants.gov must be submitted no later than 4:30 p.m., eastern time, on the due date referenced above. ACF cannot accommodate transmission of applications by facsimile or email. Late Applications Applications that do not meet the requirements above are considered late applications. ACF shall notify each late applicant that its application will not be considered in the current competition. ANY APPLICATION RECEIVED AFTER 4:30 P.M., EASTERN TIME, ON THE DUE DATE WILL NOT BE CONSIDERED FOR COMPETITION. Extension of Deadlines ACF may extend application deadlines when circumstances such as acts of God (floods, hurricanes, etc.) occur; when there are widespread disruptions of mail service; or in other rare cases. A determination to extend or waive deadline requirements rests with the Chief Grants Management Officer. Receipt acknowledgement for application packages will not be provided to applicants who submit their package via mail, courier services, or by hand delivery. Applicants will receive an electronic acknowledgement for applications that are submitted via http://www.Grants.gov. Checklist You may use the checklist below as a guide when preparing your application package. What to Submit Required Content See Section IV.2 Required Form or Format When to Submit SF-424 See bJill:/ /www,acf,hhs.qov/qrants/qrants resot.! rces.html By application due date. Project Summary/Abstract See Sections IV.2 and Found in Sections IV.2 and V By application ]3 SF-424A Table of Contents Project Description Budget and Budget Justification Third-Party Agreements Assurances Certification Regarding Lobbying Certification Regarding Environmental Tobacco Smoke Proof of Non-Profit Status Additional Forms v See Section IV.2 See Section IV.2 See http://www,acf.hhs,qov/qrants/qrants resou rces.html Found in Section IV.2 Found in Sections IV.2 and V By application due date. By application due date. By application due date. By application due date See date of http://www.acf.hhs.qov/arants/qrants resou award. rces.html See By date of http://www .acf.hhs.qov/qrants/arants resou award. rceS.html See Section IV.2 See By date of http://www .acf, hhs.aov/arants/grants resou award. rces.html See Sections IV.2 and V Found in Sections IV.2 and V By date of award. Private, non-profit organizations are encouraged to submit with their applications the survey titled "Survey on Ensuring Equal Opportunity for Applicants" found under the "Survey" heading at: http://www.acf.hhs.gov/grants/grantsresources.html. What to Required i Submit Content Required Form or Format 14 Survey on Ensuring Equal Opportunity for Applicants ~fum.~ ~ http://www.acf.hhs.qov/qrants/qrantsresources.htmlapplication due date. 4. Intergovernmental Review of Federal Programs: State Single Point of Contact (SPOC) This program is covered under Executive Order (Exec. Order) 12372, "Intergovernmental Review of Federal Programs," and 45 CFR Part 100, "Intergovernmental Review of Department of Health and Humàn Services Programs and Activities." Under the Exec. Order, States may design their own processes for reviewing and commenting on proposed Federal assistance under covered programs. As of August 1, 2006, the following jurisdictions have elected to participate in the Exec. Order process: Arkansas, California, Delaware, District of Columbia, Florida, Georgia, Illinois, Iowa, Kentucky, Maine, Maryland, Michigan, Mississippi, Missouri, Nevada, New Hampshire, New York, North Dakota, Rhode Island, South Carolina, Texas, Utah, West Virginia, Wisconsin, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and U.S. Virgin Islands. As these jurisdictions have elected to participate in the Executive Order process, they have established SPOCs. Applicants from participating jurisdictions should contact their SPOC, as soon as possible, to alert them of prospective applications and receive instructions. Applicants must submit all required materials, if any, to the SPOC and indicate the date of this submittal (or the date of contact if no submittal is required) on the Standard Form 424, item 16a. Under 45 CFR 100.8(a)(2), a SP~C has 60 days from the application deadline to comment on proposed new or competing continuation awards. SPOCs are encouraged to eliminate the submission of routine endorsements as official recommendations. Additionally, SPOCs are requested to clearly differentiate between mere advisory comments and those official State process recommendations, which may trigger the "accommodate or explain" rule. Comments submitted directly to ACF should be addressed to the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Grants Management, Division of Discretionary Grants, 370 L'Enfant Promenade SW., 6th Floor, Washington, DC 20447. 15 Although the remaining jurisdictions have chosen not to participate in this process, entities that meet the eligibility requirements of the Program Announcement are still eligible to apply for a grant even if a State, Territory, or Commonwealth, etc., does not have a SPOC. Therefore, applicants from these jurisdictions, or for projects administered by Federally-recognized Indian Tribes, need take no action in regard to Exec. Order 12372. The official list, including addresses, of the jurisdictions that have elected to participate in Exec. Order 12372 can be found on the following URL: http://www.whitehouse.gov/omb/grants/spoc.html. s. Funding Restrictions: Fundraising is not an allowable cost under this program. Grant awards will not allow reimbursement of pre-award costs. Construction and purchase of real property are not allowable activities or expenditures under this grant award. Subcontracting or Delegating Projects OCS will not fund any project where the role of the applicant is primarily to serve as a conduit for funds to organizations other than the applicant. The applicant must have a substantive role in the implementation of the project for which funding is requested. This prohibition does not bar the making of subgrants or subcontracting for specific services or activities that are needed to conduct the project. 6. Other Submission Requirements: Please see Sections IV.2 and IV.3 for deadline information and other application requirements. Submit applications to one of the following addresses: Submission by Mail U.S. Department of Health and Human Services Administration for Children and Families Office of Community Services' Operations Center 1515 Wilson Blvd., Suite 100 Arlington, VA 22209 Hand Delivery U.S. Department of Health and Human Services Administration for Children and Families 16 Office of Community Services' Operations Center 1515 Wilson Blvd., Suite 100 Arlington, VA 22209 Electronic Submission Please see Section IV.2 for guidelines and requirements when submitting applications electronically via http://www.Grants.gov. V. APPLICATION REVIEW INFORMATION The Paperwork Reduction Act of 1995 (P.L. 104-13) Public reporting burden for this collection of information is estimated to average 25 hours per response, including the time for reviewing instructions, gathering and maintaining the data needed and reviewing the collection information. The project description is approved under OMB control number 0970- 0139, which expires 4/30/2007. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Criteria: Part I THE PROJECT DESCRIPTION OVERVIEW PU RPOS E The project description provides the majority of information by which an application is evaluated and ranked in competition with other applications for available assistance. The project description should be concise and complete. It should address the activity for which Federal funds are being requested. Supporting documents should be included where they can present information clearly and succinctly. In preparing the project description, information that is responsive to each of the requested evaluation criteria must be provided. Awarding offices use this and other information in making their funding recommendations. It is important, therefore, that this information be included in the application in a manner that is clear and complete. GENERAL EXPECTATIONS AND INSTRUCTIONS 17 ACF is particularly interested in specific project descriptions that focus on outcomes and convey strategies for achieving intended performance. Project descriptions are evaluated on the basis of substance and measurable outcomes, not length. Extensive exhibits are not required. Cross-referencing should be used rather than repetition. Supporting information concerning activities that will not be directly funded by the grant or information that does not directly pertain to an integral part of the grant-funded activity should be placed in an appendix. Pages should be numbered and a table of contents should be included for easy reference. Part II GENERAL INSTRUCTIONS FOR PREPARING A FULL PROJECT DESCRIPTION INTRODUCTION Applicants that are required to submit a full project description shall prepare the project description statement in accordance with the following instructions while being aware of the specified evaluation criteria. The text options give a broad overview of what the project description should include while the evaluation criteria identify the measures that will be used to evaluate applications. PROJECT SUMMARY/ABSTRACT Provide a summary of the project description (one page or less) with reference to the funding request. OBJECTIVES AND NEED FOR ASSISTANCE Clearly identify the physical, economic, social, financial, institutional, and/or other problem(s) requiring a solution. The need for assistance must be demonstrated and the principal and subordinate objectives of the project must be clearly stated; supporting documentation, such as letters of support and testimonials from concerned interests other than the applicant, may be included. Any relevant data based on planning studies should be included or referred to in the endnotes/footnotes. Incorporate demographic data and participant/beneficiary information, as needed. In developing the project description, the applicant may volunteer or be requested to provide information on the total range of projects currently being conducted and supported (or to be initiated), some of which may be outside the scope of the program announcement. RESULTS OR BENEFITS EXPECTED 18 Identify the results and benefits to be derived. Describe the population to be served by the CSBG T/TA EITC program in the service area and the number of free tax services and asset formation activities that will be targeted to the target population. Explain how the project will increase the Community Services Network's capacity to reach the targeted population and how it will benefit participants, including, how it will enable the Community Services Network to support individuals to become more economically self-sufficient. APPROACH Outline a plan of action that describes the scope and detail of how the proposed work will be accomplished. Account for all functions or activities identified in the application. Cite factors that might accelerate or decelerate the work and state your reason for taking the proposed approach rather than others. Describe any unusual features of the project such as design or technological innovations, reductions in cost or time, or extraordinary social and community involvement. Provide quantitative monthly or quarterly projections of the accomplishments to be achieved for each function or activity in such terms as the number of people to be served and the number of activities accomplished. The quantity of tax returns to be prepared, including EITC refunds, should be included in the projections. A proposed list of partners that will be engaged in tax preparation should be included. Account for all functions or activities identified in the application, such as: free tax preparation, financial literacy training, and asset-building activities. When accomplishments cannot be quantified by activity or function, list them in chronological order to show the schedule of accomplishments and their target dates. If any data is to be collected, maintained, and/or disseminated, clearance may be required from the OMB. This clearance pertains to any "collection of information that is conducted or sponsored by ACF." Provide a list of organizations, cooperating entities, consultants, or other key individuals who will work on the project along with a short description of the nature of their effort or contribution. EVALUATION Provide a narrative addressing how the conduct of the project and the results of the project will be evaluated. In addressing the evaluation 19 of results, state how you will determine the extent to which the project has achieved its stated objectives and the extent to which the accomplishment of objectives can be attributed to the project. Discuss the criteria to be used to evaluate results, and explain the methodology that will be used to determine if the needs identified and discussed are being met and if the project results and benefits are being achieved. With respect to the conduct of the project, define the procedures to be employed to determine whether the project is being conducted in a manner consistent with the work plan presented and discuss the impact of the project's various activities that address the project's effectiveness. ADDITIONAL INFORMATION The following are requests for additional information that must be included in the application: STAFF AND POSITION DATA Provide a biographical sketch and job description for each key person appointed. Job descriptions for each vacant key position should be included as well. As new key staff is appointed, biographical sketches will also be required. ORGANIZATIONAL PROFILES Provide information on the applicant organization(s) and cooperating partners, such as: organizational charts; financial statements; audit reports or statements from Certified Public Accountants/licensed Public Accountants; Employer Identification Number(s); contact persons and telephone numbers; names of bond carriers; child care licenses and other documentation of professional accreditation; information on compliance with Federal/State/local government standards; documentation of experience in the program area; and, other pertinent information. If the applicant is a non-profit organization, it should submit proof of its non-profit status in its application. The non-profit agency can accomplish this by providing anyone of the following: a) a reference to the applicant organization's listing in the IRS's most recent list of tax-exempt organizations described in the IRS Code; b) a copy of a currently valid IRS tax exemption certificate; c) a statement from a State taxing body, State attorney general, or other appropriate State official certifying that the applicant organization has a non-profit status and that none of the net earnings accrues to any private shareholders or individuals; d) a certified copy of the organization's certificate of 20 incorporation or similar document that clearly establishes non- profit status; or e) any of the items immediately above for a State or national parent organization and a statement signed by the parent organization that the applicant organization is a local non-profit affiliate. THIRD-PARTY AGREEMENTS Provide written and signed agreements between grantees and subgrantees, or subcontractors, or other cooperating entities. These agreements must detail the scope of work to be performed, work schedules, remuneration, and other terms and conditions that structure or define the relationship. LETTERS OF SUPPORT Provide statements from community, public, and commercial leaders that support the project proposed for funding. All submissions should be included in the application package or by the application deadline. BUDGET AND BUDGET JUSTIFICATION Provide a budget with line-item detail and detailed calculations for each budget object class identified on the Budget Information Form (SF-424A or SF-424C). Detailed calculations must include estimation methods, quantities, unit costs, and other similar quantitative detail sufficient for the calculation to be duplicated. If matching is a requirement, include a breakout by the funding sources identified in Block 15 of the SF-424. Provide a narrative budget justification that describes how the categorical costs are derived. Discuss the necessity, reasonableness, and allocation of the proposed costs. GENERAL Use the following guidelines for preparing the budget and budget justification. Both Federal and non-Federal resources (when required) shall be detailed and justified in the budget and budget narrative justification. "Federal resources" refers only to the ACF grant funds for which you are applying. "Non-Federal resources" are all other non-ACF Federal and non-Federal resources. It is suggested that budget amounts and computations be presented in a columnar format: first column, object class categories; second column, Federal budget; next column(s), non-Federal budget(s); and last column, total budget. The budget justification should be in a narrative form. 21 PERSONNEL Description: Costs of employee salaries and wages. Justification: Identify the project director or principal investigator, if known at the time of application. For each staff person, provide: the title; time commitment to the project in months; time commitment to the project as a percentage or full- time equivalent; annual salary; grant salary; wage rates; etc. Do not include the costs of consultants, personnel costs of delegate agencies, or of specific project(s) and/or businesses to be financed by the applicant. FRINGE BENEFITS Description: Costs of employee fringe benefits unless treated as part of an approved indirect cost rate. Justification: Provide a breakdown of the amounts and percentages that comprise fringe benefit costs such as health insurance, FICA, retirement insurance, taxes, etc. TRAVEL Description: Costs of project-related travel by employees of the applicant organization. (This item does not include costs of consultant travel). Justification: For each trip show: the total number of traveler(s); travel destination; duration of trip; per diem; mileage allowances, if privately owned vehicles will be used; and other transportation costs and subsistence allowances. Travel costs for key staff to attend ACF-sponsored workshops should be detailed in the budget. EQUIPMENT Description: "Equipment" means an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the lesser of: (a) the capitalization level established by the organization for the financial statement purposes, or (b) $5,000. (Note: Acquisition cost means the net invoice unit price of an item of equipment, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in-transit insurance, freight, and installation, shall be included in or excluded from acquisition cost in accordance with the organization's regular written accounting practices.) 22 Justification: For each type of equipment requested provide: a description of the equipment; the cost per unit; the number of units; the total cost; and a plan for use on the project; as well as use and/or disposal of the equipment after the project ends. An applicant organization that uses its own definition for equipment should provide a copy of its policy, or section of its policy, that includes the equipment definition. SUPPLIES Description: Costs of all tangible personal property other than that included under the Equipment category. Justification: Specify general categories of supplies and their costs. Show computations and provide other information that supports the amount requested. CONTRACTUAL Description: Costs of all contracts for services and goods except for those that belong under other categories such as equipment, supplies, construction, etc. Include third-party evaluation contracts, if applicable, and contracts with secondary recipient organizations, including delegate agencies and specific project(s) and/or businesses to be financed by the applicant. Justification: Demonstrate that all procurement transactions will be conducted in a manner to provide, to the maximum extent practical, open and free competition. Recipients and subrecipients, other than States that are required to use 45 CFR Part 92 procedures, must justify any anticipated procurement action that is expected to be awarded without competition and exceeds the simplified acquisition threshold fixed at 41 USC 403(11), currently set at $100,000. Recipients might be required to make available to ACF pre-award review and procurement documents, such as requests for proposals or invitations for bids, independent cost estimates, etc. Note: Whenever the applicant intends to delegate part of the project to another agency, the applicant must provide a detailed budget and budget narrative for each delegate agency, by agency title, along with the required supporting information referred to in these instructions. OTHER 23 Enter the total of all other costs. Such costs, where applicable and appropriate, may include but are not limited to: insurance; food; medical and dental costs (noncontractual); professional services costs; space and equipment rentals; printing and publication; computer use; training costs, such as tuition and stipends; staff development costs; and administrative costs. Justification: Provide computations, a narrative description and a justification for each cost under this category. INDIRECT CHARGES Description: Total amount of indirect costs. This category should be used only when the applicant currently has an indirect cost rate approved by the Department of Health and Human Services (HHS) or another cognizant Federal agency. Justification: An applicant that will charge indirect costs to the grant must enclose a copy of the current rate agreement. If the applicant organization is in the process of initially developing or renegotiating a rate, upon notification that an award will be made, it should immediately develop a tentative indirect cost rate proposal based on its most recently completed fiscal year, in accordance with the cognizant agency's guidelines for establishing indirect cost rates, and submit it to the cognizant agency. Applicants awaiting approval of their indirect cost proposals may also request indirect costs. When an indirect cost rate is requested, those costs included in the indirect cost pool should not be charged as direct costs to the grant. Also, if the applicant is requesting a rate that is less than what is allowed under the program, the authorized representative of the applicant organization must submit a signed acknowledgement that the applicant is accepting a lower rate than allowed. TOTAL DIRECT CHARGES, TOTAL INDIRECT CHARGES, TOTAL PROJ ECT COSTS EVALUATION CRITERIA: The corresponding score values indicate the relative importance that ACF places on each evaluation criterion; however, applicants need not develop their applications precisely according to the order presented. Application components may be organized such that a reviewer will be able to follow a seamless and logical flow of information (i.e., from a broad overview of the project to more detailed information about how it will be conducted). 24 In considering how applicants will carry out the responsibilities addressed under this announcement, competing applications for financial assistance will be reviewed and evaluated against the following criteria: APPROACH - 40 points 1) The application will be evaluated on the extent to which the applicant describes a project that is results-oriented, related to the legislative mandate and specifically related to the program description under which funds are being requested; and addresses the following: specific outcomes to be achieved; discussion of how the project will verify the achievement of these targets and the data collection methodology to be used; the way that tax preparation training will be accomplished; targeted individuals, families and households to be served; proposed linkage and outcomes to asset-building activities; critical milestones that must be achieved if results are to be gained; organizational support; the level of support from the applicant organization; past performance in similar work; and specific resources contributed to the project that are critical to success. 2) The application will be evaluated on the extent to which the applicant defines the comprehensive nature of the project and methods that will be used to ensure that the results can be used to address a Statewide or nationwide project as defined by the description of the particular program area. 3) The application will be evaluated onthe extent to which the applicant ensures that the needs of CSBG Eligible Entities and programs relating to improving program quality are addressed to the maximum extent feasible. 4) The application will be evaluated on the extent to which the applicant incorporates mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the national and State networks of CSBG Eligible Entities. ORGANIZATIONAL PROFILES - 20 points 1) The application will be evaluated on the extent to which the applicant demonstrates that it has experience and a successful record of accomplishment relevant to the specific activities it proposes to accomplish. 2) If the applicant proposes to provide T/TA, the application will be evaluated on the extent to which the applicant details the organization's ability to provide those services on a Community 25 Services Network-wide basis. If applicable, information provided by the applicant may also address the related achievements and competence of each cooperating or sponsoring organization. 3) The application will be evaluated on the extent to which the applicant describes, for example in a resume, the experience and skills of the proposed project director and primary staff and demonstrates specific qualifications and professional experiences that are relevant to the successful implementation of the proposed project. 4) The application will be evaluated to the extent the applicant describes how it will involve partners in the Community Services Network, the IRS, and other asset-building projects including the Assets for Independence Act grantees in its activities. Where appropriate, the applicant may describe how it will interface with other related organizations. 5) The application will be evaluated to the extent the applicant describes how the needs of rural communities and small towns will be addressed. 6) If subcontracts are proposed, the application will be evaluated to the extent the applicant documents the willingness and capacity of the subcontracting organization(s) to participate as described. OBJECTIVES AND NEED FOR ASSISTANCE - 20 points 1) The application will be evaluated on the extent to which the applicant documents that the proposed project addresses vital needs related to the program purposes and provides statistics and other data and information in support of its contention. 2) The application will be evaluated on the extent to which the applicant provides current supporting documentation or other testimonies regarding needs from State CSBG Directors, State CAA Associations and local service providers and/or State and regional organizations of State CAA Associations and other local service providers, including the IRS. RESULTS OR BENEFITS EXPECTED - 15 points 1) The application will be evaluated on the extent to which the applicant describes how the project will assure long-term program and management improvements for State CSBG offices, State and/or regional CAA Associations, State CAA Associations and/or other local providers of CSBG services and activities. 26 2) If the application proposes a project with a T/TA focus, the application will be evaluated on the extent to which the applicant indicates the number of organizations and/or staff that will benefit from those services. 3) The application will be evaluated on the extent to which the applicant describes the mechanism(s) to be used to collect data about EITC outreach, returns prepared, total EITC claimed, the number of individuals and families engaged in financial literacy and/or asset formation strategies, how the applicant can assure collections from a significant number of State partners, and the number of State partners willing to submit data to the applicant. 4) If the applicant proposes to develop a symposium series or other policy-related project(s), the application will be evaluated on the extent to which the applicant identifies the number and types of beneficiaries. 5) The application will be evaluated to the extent that it describes methods of securing participant feedback and evaluations of activities. BUDGET AND BUDGET JUSTIFICATION - 5 points 1) The application will be evaluated on the extent to which the applicant indicates that the resources requested are reasonable and adequate to accomplish the project. 2) The application will be evaluated on the extent to which the applicant indicates that the total costs of the project are reasonable and consistent with anticipated results. 2. Review and Selection Process: No grant award will be made under this announcement on the basis of an incomplete application. Each application will be screened to determine whether it was received by the closing date and time (Section IV.3.) and whether the requested amount exceeds the ceiling or upper range value, whichever is appropriate (Section II.) Initial DeS Screening All applications must comply with the following requirements: Each application submitted to OCS will be screened to determine whether it was received by the closing date and time and whether the requested amount exceeds the ceiling. 27 Des Evaluation of Applications Applications that pass the initial DeS screening will be reviewed and rated by a panel based on the program elements and evaluation criteria presented in relevant sections of this program announcement. The evaluation criteria are designed to enable the review panel to assess the quality of a proposed project and determine the likelihood of its success. The criteria are closely related to each other and are considered as a whole in judging the overall quality of an application. The review panel awards points only to applications that are responsive to the program elements and relevant evaluation criteria within the context of this program announcement. The DeS Director and the program staff use the reviewer scores when considering competing applications. Reviewer scores will weigh heavily in funding decisions, but will not be the only factors considered. Applications generally will be considered in order of the average scores assigned by the review panel. Because other important factors are taken into consideration, highly ranked applications are not guaranteed funding. These other considerations include, for example: the timely and proper completion by the applicant of projects funded with DeS funds granted in the last five years; comments of reviewers and government officials; staff evaluation and input; amount and duration of the grant requested and the proposed project's consistency and harmony with DeS goals and policy; geographic distribution of applications; previous program performance of applicants; compliance with grant terms under previous Department of Health and Human Services grants, audit reports; investigative reports; and an applicant's progress in resolving any final audit disallowances on previous DeS or other Federal agency grants. Please reference Section IV.2 for information on non-Federal reviewers in the review process. Approved but Unfunded Applications Applications that are approved but unfunded may be held over for funding in the next funding cycle, pending the availability of funds, for a period not to exceed one year. 3. Anticipated Announcement and Award Dates: Not Applicable 28 VI. AWARD ADMINISTRATION INFORMATION 1. Award Notices: The successful applicants will be notified through the issuance of a Financial Assistance Award document, which sets forth the amount of funds granted, the terms and conditions of the grant, the effective date of the grant, the budget period for which initial support will be given, the non-Federal share to be provided (if applicable), and the total project period for which support is contemplated. The Financial Assistance Award will be signed by the Grants Officer and transmitted via postal mail. Following the finalization of funding decisions, organizations whose applications will not be funded will be notified by letter, signed by the Program Office head. 2. Administrative and National Policy Requirements: Grantees are subject to the requirements in 45 CFR Part 74 (non- governmental) or 45 CFR Part 92 (governmental). Direct Federal grants, sub-award funds, or contracts under this ACF program shall not be used to support inherently religious activities such as religious instruction, worship, or proselytization. Therefore, organizations must take steps to separate, in time or location, their inherently religious activities from the services funded under this program. Regulations pertaining to the Equal Treatment for Faith- Based Organizations, which includes the prohibition against Federal funding of inherently religious activities, can be found at the HHS web site at: http://www.hhs.qov/fbci/waisgate21.pdf. A faith-based organization receiving HHS funds retains its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs. For example, a faith-based organization may use space in its facilities to provide secular programs or services funded with Federal funds without removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based organization that receives Federal funds retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents in accordance with all 29 program requirements, statutes, and other applicable requirements governing the conduct of HHS funded activities. Faith-based and community organizations may reference the "Guidance to Faith-Based and Community Organizations on Partnering with the Federal Government" at: http://www.whitehouse.gov/government/fbci/guidance/index.html. HHS Grants Policy Statement The HHS Grants Policy Statement (GPS) is the Department of Health and Human Services new single policy guide for discretionary grants and cooperative agreements. Unlike previous HHS policy documents, the GPS is intended to be shared with and used by grantees. It became effective October 1, 2006 and is applicable to all Operating Divisions (OPDIVS), such as the Administration for Children and Families (ACF), except the National Institutes of Health (NIH). The GPS covers basic grants processes, standard terms and conditions and points of contact as well as important OPDIV-specific requirements. Appendices include a glossary of terms and a list of standard abbreviations for ease of reference. The GPS may be accessed at http://www.acf.hhs.gov/grants/grantsresources.html. 3. Reporting Requirements: Grantees will be required to submit program progress and financial reports (SF-269 found at: http://www.acf.hhs.gov/grants/grantsresources.html) throughout the project period. Program progress and financial reports are due 30 days after the reporting period. Final programmatic and financial reports are due 90 days after the close of the project period. Final reports may be submitted in hard copy to the Grants Management Office Contact listed in Section VII of this announcement. Program Progress Reports: Semi-Annually Financial Reports: Semi-Annually VII. AGENCY CONTACTS Program Office Contact: Peter Thompson Department of Health and Human Services 30 Administration for Children and Families Office of Community Services Operations Center 1515 Wilson Blvd., Suite 100 Arlington, DC 22209 Phone: 800-281-9519 Email: OCS(â)lcqnet.com Grants Management Office Contact: Barbara Ziegler Johnson, Grants Management Officer Division of Discretionary Grants Administration for Children and Families Office of Community Services Operations Center 1515 Wilson Blvd., Suite 100 Arlington, VA 22209 Phone: 800-281-9519 Email: OCS(â)lcgnet.com VIII. OTHER INFORMATION Additional information about this program and its purpose can be located on the following website: http://www.acf.hhs.gov/Droarams/ocs. Date: 02/23/2007 Josephine B. Robinson Director Office of Community Services 3\ ITEM NOC.:.J..3a..... DATE: Apri/24. 2007 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT PRESENTED BY: ~t~ laurie Case Utility Director SUBJECT: Staff requests approval of the Release of Retainage and Final Payment Application for Interstate Engineering Corp. for construction services related to the South Hutchinson Island Water Reclamation Biofilter Odor Control System project in the amount of $28,524.90. FUNDS AVAilABLE: Funds available 451-0000-205100-300 - Retainage PREVIOUS ACTION: Board of County Commissioners approved Contract #C05-03-178 between Interstate Engineering Corp. and St. Lucie County in March 2005. RECOMMENDATION: Staff recommends that the Board approve the Release of Retainage and Final Payment Application for Interstate Engineering Corp. for construction services related to the South Hutchinson Island Water Reclamation Biofilter Odor Control System project in the amount of $28,524.90. COMMISSION ACTION: , ~PPROVED o OTHER: Approved 5-0 o DENIED ~ounty Attorney: uYðriginating Dept: ~ tI£ Review and Approvals rianagement and Budget: fZ:(¡) ~ o Purchasing: o Other: o Other: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting, UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Laurie Case, Utility Director ~ April 24, 2007 TO: DATE: RE: SHI Biofilter Odor Control System - Interstate Engineering Corp. BACKGROUND: Interstate Engineering Corp. has completed the South Hutchinson Island Water Reclamation Biofilter Odor Control System project and has submitted the final application for payment and release of retainage. RECOMMENDATION: Staff recommends that the Board approve the Release of Retainage and Final Payment Application for Interstate Engineering Corp. for construction services related to the South Hutchinson Island Water Reclamation Biofilter Odor Control System project in the amount of $28,524.90. CDNI l~cEfVED APR 0 4 Z007 1701 Highway A- 1 -A, Suite 301 Vero Beach. Florida 32963 tel: 772 231-4301 fax: 772231-4332 BY:- = April 3, 2007 Laurie Case Utility Director St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Subject: St. Lucie County South Hutchinson Island Water Reclamation Facility Biofilter Odor Control System County Project No. C05-13-178 Application for Payment No.5 - Final Dear Ms. Case: Enclosed are five copies of Application for Payment No.5 (Final) submitted by Interstate Engineering Corporation (IEe) for the period ending November 23,2006. TOTAL REQUESTED THIS APPLICATION TOTAL PAYMENTS TO DATE $28,524 $285,249 We trust the enclosed is sufficient for your review; however, if you need additional information or clarification, please do not hesitate to contact us. V.!L~~ r- ~ __----'-___ ~ C--)- Q' -~ ( , .-' " .....---'- ~-,._-....._~-~-,.....~._.__._. .~ ..-----' Juan C. Vilca Camp Dresser & McKee Inc. " File: 6277-57107.173 cc: Michael Sweeney, IEC Wayne Davis, SLC Eric Grotke, CDM/VRB jb1201,doc .t> := 'ÿ ~ ~ = o ..... ..... ~ s ~ s ~~ ~ ~M ~(I).... ~~:;; ............0 ~ § ò "UZ "0 2; :5! ='O~ .sou ~$e;3 =iE: o c::> Ia= :a tJ ..... = = ;: = o 00 oeM M~ ~M~ ,þ;'SI'1 = -< c::>...;¡ ~ 0 ~ g 'æ ¡:¡: of ~ 'Eo ~ ~ .¡:¡ ;> .£ ~ = <:> "" ... "';¡~'g2; ~ M M "" ~ o ,..;¡::g",,::g - 1'1 .. ... '3 (I) <1'1 '\c ....0\ <~ "O...;¡ ¡g~ ¡:¡:,¿ .. '" ... œ œ .. Ci)a:I ~..... ¡: Q <:> .. 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I- 12 g 0) en ~ ~ (Y)'" an- I'- IX) N ... ¡... - .... ~ o , .... g oi ~ "ï ¡... o o oi '<t C\I .n IX) C\I " o o ~ ~ ¡.,.. ... I-- Po g 0) cri ~ ~ k-," " I'- IX) C\I ¡... ... I-- s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ffi ð ~ l!- e> U .. '§ = ';¡' = r.¡ " . 5 ] .., ITEM NO. C-l3b. DATE: April 24. 2007 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTiliTIES DEPARTMENT PRESENTED BY: cia.uu¡ &lltY.-. Laurie Case Utility Director SUBJECT: St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2004/2005. FUNDS AVAilABLE: N/A PREVIOUS ACTION: Board of County Commissioners' adoption of Ordinances 04-023 creating the St. Lucie Water and Sewer District. RECOMMENDATION: Staff recommends the board approve the adoption of Resolution No. 07-152 ratifying and accepting Fiscal Year 200412005 St. Lucie County Water and Sewer District Annual Comprehensive Report. COMMISSION ACTION: :~PPROVED 0 DENIED o OTHER: Approved 5-0 Review. Coordination and Approvals ~ounty Attorney: ~o..'M //r{l ~ o Management and Budget: o Purchasing: ¿riginating Dept: o Parks & Rec: o Other: º Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St, Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Laurie Case, Utility Director '-~ April 24, 2007 TO: DATE: RE: St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2004/2005. BACKGROUND: In 2004 the Board of County Commissioners adopted Ordinance No. 04-023 creating the St. Lucie County Water and Sewer District ("District"). A requirement of the District, under Section 153.75, Florida Statutes, is preparation, acceptance and filing of a comprehensive annual report of the District Utility systems. Attached is the Annual Comprehensive Report of the District for Fiscal Year 2004/2005. RECOMMENDATION: Staff recommends that the Board approve the adoption of Resolution 07-152 ratifying and accepting Fiscal Year 2004/2005 St. Lucie County Water and Sewer District Annual Comprehensive Report. '"\. -,- RESOLUTION NO. 07-152 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, ACTING FOR ITSELF AND AS THE COMMISSION FOR THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; RATIFYING AND ACCEPTING THE ANNUAL COMPREHENSIVE REPORT OF THE DISTRICT FOR FISCAL YEAR 2004/2005; DIRECTING THE FILING OF SAID REPORTS WITH THE DISTRICT CLERK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the County Commission created the St. Lucie County Water and Sewer District ("District"); and WHEREAS, pursuant to Section 153.75, Florida Statutes, the District Board is required to cause to be prepared a comprehensive annual report of the District utility systems ("Annual Report"); and WHEREAS, the County, sitting as the District Commission, caused an annual report for the District for fiscal year 2004/2005 to be prepared and included said annual report as a component part of the County's Comprehensive Annual Financial Report filed with the State for fiscal year 2004/2005; and WHEREAS, by this Resolution, the County, sitting as the District Commission, intends to ratify and formalize delivery of the District Annual Report for fiscal year 2004/2005 from the District Commission to the County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, acting for itself and as the Commission for the District: Section 1. ACCEPTANCE OF ANNUAL REPORT. The District Board hereby ratifies and delivers the Annual Report for fiscal year 2004/2005, copy of which is attached to this Resolution, directs District staff to file such Annual Report with the County Clerk, ).:~. acting for and on behalf of the District as the District Clerk, and the County ratifies and affirms acceptance of said Annual Report from the District. Section 2. EFFECTIVE DATE. This Resolution shall become effective upon adoption. Section 3. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Chris Craft Vice Chairman Joe Smith Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ENACTED this _ day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney "- '" " BOARD OF COUNTY COMMISSIONERS UTI LITI ES DEPARTMENT April 17,2007 Board of County Commissioners St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear County Commissioners: Please find attached the St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 200412005. This report provides a status of activities, including financial, for the Utilities. Included in this report: 1. The Utilities organizational chart, 200412005 Fiscal Year Budget, Mission, Goals & Objectives and Key Indicators. 2. The Utilities information from the St. Lucie County, Florida 2005 Annual Report. 3. The approved Utility rates, fees and charges as of September 30, 2005. In August 2005 the Board approved a consolidation of the North Hutchinson Island Utility district, the Airport Utility District, the North County (Holiday Pines) Utility District, the Mid County District, the Indian River Estates District and the HEW Utility District into a single district within the St. Lucie County Water and Sewer District. The rates shown in this report reflect that consolidation. 4. Section 1, Description of Public Water Systems from the Masteller and Molar Capacity Analysis Report for Southwestern Service Area dated 3/18/05. 5. Information regarding ongoing North County infrastructure expansion and proposed customers. 6. Sections from the St. Lucie County, Florida Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2005 pertaining to the Utility District. JOSEPH E. SMITH, District No, 1 . DOUG COWARD, District No, '2 . PAULA A. LEWIS, District No,:\ . CHARLES GRANDE, District No, 4 . CHRIS CRAFT, District No, 5 County Administrotor - Douglas M, Anderson 2.300 Virginia Avenue . Fort Pierce, FL .34982 · Phone (772) 462-1150 · FAX (772) 462-115.3 web site: www.co.st-Iucie.fl.us "- II\. The St. Lucie County Water and Sewer District is a Utility that is run and reported as an Enterprise Fund or business entity. The rates, fees and charges are adopted to cover the cost of doing business, including any outstanding debt payments. The Utility coordinates with developers through the Standard Developer's Agreement to determine their water and sewer needs and provides the means for the developer to turn that infrastructure over to the Utility; in this way, growth is expected to pay for growth. The Utility staff strives daily to provide quality service to their customers in the most efficient, effective and economical manner. Respectfully submitted, cÆ-u~ ~ Laurie Case Utility Director UTILITIES FISCAL YEAR 2004-2005 EXECUTIVE SECRETARY UTIIlTIES SERVICES MANAGER urIIlTY BIll..ING SUPERVISOR SEN10R ACCOUNTING CLERK UTIIlTIES PROJECT MANAGER MASTER ELECTRICIAN (JoTE 0.33)* SEVERN.TRENT CONTRACT OPERATIONS NORTH HUTCHINSON WWfP NORTH COUNTY wrP & WWTP H.E,W. wrp & WWfP *Position duties to be split 1/3 Sports Complex, 1/3 Parks, 1/3 Utilities ENGINEER INTERN SOUTH HUTCHINSON WWfP AIRPORT wrp & WWfP FAIRWINDS WWfP C-159 CHANGE REVENUES: General Fund 0 0 0 0 n/a Enterprise/Internal Service Fund 5,098,516 7,286,719 15,071,234 13,898,981 -8% Other Funds 0 0 0 0 n/a Departmental Revenues 0 0 0 0 n/a Grants and Other Revenues 0 82.800 70,343 70,343 0% TOTAL: 5.098.516 7.369.519 15.141.577 13.969.324 -8% APPROPRIATIONS: Personnel 377,570 342,468 418,185 455,803 9% Operating Expenses 5,360,610 2,578,862 6.311.456 10,709,988 70% SUB-TOTAL: 5,738,180 2.921,330 6.72$,641 11.165,791 66% Capital Outlay 0 0 7.428,168 1,678,008 -77% Non-operating 118.375 2,096,567 983.768 1,125,525 14% TOTAL: 5.856,555 5.017.897 15.141.577 13,969,324 -8% FTE POSITIONS 7.33 8.33 8.33 9.33 The mission of S1. Lucie County Utilities is to provide a superior level of utility service to our customers and residents of S1. Lucie County in a professional and responsive manner, and strategically plan for the future infrastructure needs of County residents. Additionally, County Utilities will work toward a partnership with surrounding utility entities to improve overall efficiency in the industry. The Utility Department provides water and wastewater service to customers within areas of S1. Lucie County, which includes 12 miles of water transmission lines and 42 miles of wastewater lines and also includes 4 wastewater and 2 water treatment plants. The service provides is accomplished in a cost efficient manner to maintain reasonable rates for our customers in a manner that does not compromise the quality of the services rendered. The Utilities Department works in conjunction with the residents of the County in providing quality utility service. The Department coordinates and implements the necessary functions to accomplish the desired service. The Utility Department also assists other departments within the County with utility planning, answering utility related questions and solving utility problems. 1 Maintain or improve current rates and level of service to our customers. 2 Procure Federal and State assistance whenever available for the development or improvement of Utilities within St. Lucie County. 3 Continue a good working relationship with our customers in S1. Lucie County. water customers on South Hutchinson Island. 4 Initiate a supplemental source of water for our reclaimed water customers on South Hutchinson Island. 5 Continue to improve and expand the facilities in the North County Utility District System to meet the growing needs of our customers 6 Continue to pursue methods and processes to eliminate the land application of sludge. 7 Interconnect with Fort Pierce Utilities to serve the expanding needs of the unincorporated County in an effort to provide water and wastewater to those residents and developers that require utility service, C-160 2002·2003 2003·2004 2004-2005 ACTUAL BUDGET PLANNED 1. Customer Base 12,000 12,000 12,725 2. Average calls per month 5,500 5,500 5.835 3. Gallons of Wastewater Treated 9,750,000 9.750,000 53,679,735 4. Water Consumption 195,000,000 195,000,000 51,640,600 5. 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Œ) ~ C) g 5 ~ ~ 6 ô ~ t: :e ::> '" % o '-' s :õ w 1 6 ~ ;¡¡ '" ~ ~ " 0 ~ ~ 9 6 ..J () <3 ~ ;:; ffi ê ;:: 8 e/) => o '" ~ ~ ~ ~ ~ V> « « « ~ « Z Z Z z Z '" UJ 0 0 0 0 I- Ii) 1.0 Ii} 0 ~ to ui ~ N g ß 8 g 0 § ~ s ~ ~ '" % o 0 ~ ~ 5 C> o <> ~ ~ en ~ I- ~ Z 9 2 æ ~ ~ a.. w « " ~ ~ ø 8 i ~ ~ ~ " ¡:: g ~ ~ ~ o '-' '" z o ..J <i. C> <> <> <> :a ~ ~ ~ g ~ ~ ~ :i ~ '" z z ::> 9 8 <i. () (!) « '" ~ ~ l- e/) :::> () oo UJ N ;. &, ~ ~ " '" " ::t: '-' % o ¡:: .. :e ::> '" % o '-' St. Lucie County Utilities PWS No. 0180907~002~WC Southwestern Service Area Capacity Analysis Report SECTION 1. Description of Public Water System Masteller & Moler, Inc. has been authorized by St. Lucie County Utilities (SLCD) to develop a Capacity Analysis Report for the potable water system in the Southwestern Service Area within St. Lucie County, Florida. The Southwestern Service Area is mostly undeveloped, being in its majority farmland and groves. The zoning within the area is approx 70% as AG-5 (agricultural with 1 unit per 5 acres), 15% as AG-2.5(agricultural with 1 unit per 2.5 acres), and the remaining 15% are distributed as AG -1 (agricultural with 1 unit per 1 acre) and RS-3 and 4 (Residential with 3 and 4 units per acre, respectively). The Southwestern Service Area service area geographical boundaries are the Belcher Canal (C-25) to the north and the Florida Turnpike to the east. The southern and western boundaries have not been established at this time. The St. Lucie County Urban Service Area Lines Incorporates about 20% of the Eastern end of Southwestern Service Area. All utilities Within the Southwestern Service Area are owned and operated by SLCD. The existing water utilities serving the southwest St. Lucie County services area consists of the Fairgrounds Treatment Plant (PWS No. 4565196).This facility is a 10,000 gpd Reverse Osmosis Treatment Plant with 30,000 of storage providing water serving only the St. Lucie County Fairgrounds Site, Also, there is a water pipeline system along Route 70, west of the Turnpike extending south in Gordy Road and easements along the west right-of-way line of the Turnpike south through the St. Lucie county landfill site to Glades Cutoff Road and then southwest along Glades Cutoff Road to the southwest intersection of Glades Cutoff Road and Midway Road. As it passes south through the Landfill area, the pipe line changes from 12" to 16". A metering station has been installed on the southwest comer of Glades Cutoff Road and Midway Road. It was the original intent to connect and have bulk water provided by Port St. Lucie utilities to St. Lucie County and utilize the water meter for bulk services. The water service was to be piped through the 16" water main along Glades Cutoff Road and north along the western Turnpike right-of-way through the Landfill to a point where a directional bore was proposed and permitted to furnish water service to the Wal-Mart Distribution Center. The directional bore to the Wal-Mart site was never made due to the fact that Wal-Mart decided to obtain their potable water supply from the Ft. Pierce Utility Authority. However, the water main has been Masteller and Moler, Inc. 3/18/05. 2 St. Lucie County Utilities PWS No. 0180907-002-WC Southwestern Service Area Capacity Analysis Report constructed continuing north along the western right-of-way line of the Turnpike under Interstate-95 and continuing north through easements in Gordy Road to Route 70. This portion of the water main is 12" in size and the 12" water main then turns west along the north side of Route 70 and extends west to the S1. Lucie County Urban Service Line where it changes to a 10" pipe and crosses to the south side of Route 70 and continues west to the Seminole Tribe project known as "Hawk's Nest". The 12" water main has also been extended to the east along the north side of Route 70 from Gordy Road under 1-95 to a metering station at Rock Road for a connection to the F1. Pierce Utility Authority system. It is planned that the potable water supply for the Seminole project known as "Hawk's Nest" along Route 70 will be provided by this 12" water main on Route 70. A Bulk Water Agreement between S1. Lucie County and F1. Pierce Utility Authority exists to provide for this supply. A physical connection has not been made to the water main system owned and operated by S1. Lucie County and the Port S1. Lucie Utilities at metering station at the southwest comer of Midway Road and Glades Cutoff Road, At this time, the Bulk Water supply for St. Lucie County will be provided by F1. Pierce Utility Authority until the County can construct its own treatment and storage facilities at the county Fairgrounds in the near future. There are no current service connections in the area. Also, there are no provisions for fire protection systems in the area at this point. The Fire Protection Criteria for S1. Lucie County is defined as 500 Gal! min for Single Family Residential Units and 1000 gal/min for Multi- Family Residential Units. Zoning Maps, Schematic Utility Maps, and a Site Plan of the existing Facilities at the St Lucie Fairgrounds are included in this submittal. Masteller and Moler, Inc. 3 ~ C :::5 0- o c' (1).- ._ c (.)0 :::5Ni~ -I J , " :::> z w « Q :> II! II! Iii II) ;:)< II)!! ,..w,..:::¡ ¡.-o ¡.- ~¡ ~i 011) :1< I : , I i : t· !:I1 ~ ~d . 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II ~~_J~~~~) ~II'! 1IZC~=:ø:~ ---.",,/ ...............:_""'/ >4( I-W Zo: 54( Ow xO 1-- 0:> offi ZW ------------------------------------------------------ ~ [p @1 @ ~ - ,I I h r ~~ -<~ f50 z ~~ l3a. T==~~:;:=::- ---------,:----- --_.:=-==:-:---==~~: -:;.:-=---=:__:.;::-_-===-===-=-===--=----===-==:==---~:::-----~: - ::----:: ---~~---~- - 16"iW with Ft. Portofino Shores ( 1) - all fees paid Waterstone (722) - s paid at closing Oakland Est es (73) - pending Coconut Cove (950) .. nding U.S.#1 16" wastewater e interconnect with Ft. Pierce Utility Authority Port no Shores ( 1) -- all es paid Waterstone (722) -- fees pa closing Oakland Estates (73) -- pending Coconut Cove (950) eo pending I\¡~a JQt~.l s6u!'>I spjeSsn~ U!W8S I ...... - II -~.QJ..... II :) OJ C ... ...., tn It_ >< W uo $;Jew:; UTiliTIES U.S.#1 16" wastewaterline (lift station "A") interconnect with Ft. Pierce Util Authority Portofino Shores (521) -- all fees paid Waterstone (722) -- fees paid closing Oakland Estates 3) -- pending Coconut Cove (950) ... pending t (þ "f'" CD C 1D .. ~ 13 c =e» *- e ....Je» " > o .... e» a.. c e .- - ....J= "c( e» :: ø c o 0 a.. w_ 0" ....,Ø £LtIJ NT Midway Road 12" waterline interconnect with Ft. Pierce U ity Authority Cus Seminoles (Hawks Landing) 40) -- all fees paid Creekside (800) ...... nding Provences ( ) ...... pending Orchard Park ( ...... pending Ginn Property ( 0)... pending " UU!4 .9 c 'w E L. L. ~ 2 2 0 ~ ~ 0 .g q ~ ~ N 0 " I.() N N '""' N '""' N '""' "0 i "0 "0 - Q) Q) Q) rn (fj (fj (fj (fj 0 0 0 0 0.. 0.. 0.. 0.. N e e e e T"'" a. a. a. a. .. " " " " " " . " '~ "'. t Â I I I I ;>. ;:::: Q) 0.. _ e Ca. Q) E § Q).- (fj(!) rn..J::. Q) trJ :J e ..J::. - þ / U!~ l19'CJ ~ l I. ¡ .. L L ~ .. ST. LUCIE COUNTY, FLORIDA t, .. L COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2005 L ~ Edwin M. Fry, Jr., CPA Clerk of the Circuit Court I: Ii. Prepared By: Clerk of the Circuit Court Finance Department '- L Christann K. Hartley, CPA, CGFM Finance Director ! III L L. ... * PLEASE NOTE: Only the pages pertaining to Utilities (Proprietary/Enterprise Funds) have been copied from the CAFR. \ ¡ .. ~. ... ~ .. ... St. Lucie County. Florida Management's Discussion And Analysis For the Year Ended September 30. 2005 t .. Proprietary Funds L The County's proprietary funds operate like businesses. where the rates established by the County are· intended. to generate sufficient funds to pay the costs of current operations and provide funding for long-term asset acquisition. L The Bailing & Recycling Facility Fund is used to account for all operations of the County's landfill. As required by the State Department of Environmental Protection. the County has set aside $7.3 million for the long-term care ofthe landfil1. At September 30, 2005. the unrestricted net assets of this fund were $7.8 million, which represented an increase in unrestricted net assets of$8.5 million. ~ ~ .. The North Hutchinson Island Utilities Fund is used to account for water and sewer services to certain residents that live on this barrier island. The County purchased the system in 1992. At September 30.2005, the unrestricted net assets of this fun4 were $2.6 million. which represented a decline in unrestricted net assets of$0.9 million. This was the result of capital purchases. The net assets invested in capital assets, net of related debt increased by $1.5 million. L. ..¡ The South Hutchinson Island Utilities Fund is used to account for sewer services to residents living on this barrier island in the southern part of the County. At September 30, 2005. the unrestricted net assets of this fund were $1.1 million, which represented a decline in unrestricted net assets of$O.l million. L The North County Utilities Fund is used to account for water and sewer services to residents located in the northern part of the County. The County purchased the system in 1999. At September 30, 2005, the unrestricted net assets of this fund were -$0.3 million, which represented a decline in unrestricted net assets of $2.4 million. This was the result of capital purchases. The net assets invested. in capital assets. net of related debt increased by $5.8 million. ~ ~ L. Budgetary Highlights for the General Fund L. Variance Between Original Budget and Final Amended Budget La After the original budget is approved, it may be revised for a variety of reasons such as unforeseen circwnstances, corrections of errors, new bond or loan proceeds, new grant awards, and other revenues. During fiscal year 2005. the budget for the general fund was amended from its original budget of$135.8 million to its final amended budget of $149.4 million. 1, ... ... The original budget for revenue and transfers in was $120.3 million. Throughout the year. this was amended to a final budget of$132.4 million. Overall, this represented a $12.1 increase in the budgeted revenue for the general fund. f ... 18 ~ II. .. f· '- Sl Lucie County, Florida Management's Discussion And Analysis For the Year Ended September 30, 2005 ti .. refunding of the County's outstanding Public Improvement Revenue Bonds, Series 2000A (800 MHz Radio System) dated April!, 2000 and to fund required reserve account. Ii .. On June 28, 2005, the county issued State Revenue Sharing Bonds, Series 2005 in the amount of $12,715,000 for the purpose of Courthouse Improvements and Environmentally Sensitive Land Acquisition. ... On June 28, 2005, Public Improvement Revenue Note, Series 2004 was issued in the amount of $10,000,000 for the purpose of providing interim financing for the cost of acquiring land for a new Research and Education Center within the County to be repaid by Half-Cents Sales Tax Bonds. t .. l On June 29, 2005, the County issued Half-Cents Sales Tax Refunding and Improvement Revenue Bond, Series 2005 providing for the repayment of the Education and Research Park Loan obtained to provide interim financing for the cost of acquiring land for a new Research and Education Center within the County and purchase of Harbor Branch or other Board approved property, in the amount of $11,930,000. '- Enterprise Fund Debt , ~: ,-, \ k .. On March 4, 2005, North County-Holiday Pines Utilities Improvement Revenue Note, Series 2004 was issued for the purpose of providing interim financing for the expansion of the Water and Sewer System in the Northern portion of the County in an amount of$2,377,500. L Requests for Information L This fmancial report is designed to present users with a general overview of the County's finances and to demonstrate the County's accountability. If you have any questions concerning the information provided in this report or need additional financial information, contact the County's Finance Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982 or call 772- 462-1476. l L ~ .. ... 21 ' , ~ ... ~. ... .. St. Lucie County, Florida Statement of Net Assets Proprietary Funds .. September 30, 2005 BQsiness-type Activities .. Balling & North South North RecycUng Hutchinson Hutchinson County Facility Utilities UtlUtles Utilities Assets L Current assets: Cash and investments $ 14,079,037 S 2,323,330 $ 1,270,968 $ Restricted assets: Cash and investments-customer deposits 306,860 52,923 2,850 63,870 Accounts receivable 1,123,964 181,321 23,328 393,911 ¡ Due from other governments 42,189 98,214 132,087 142,602 L Inventories 38,275 Total current assets 15,590,325 2,655,788 1,429,233 600,383 Non-current assets: Restricted assets: ~ Cash and Investments-landfill closure 7,349,325 .. Cash and investment&-debt service 551,065 Cash and investment&-renewal and replacement 158,577 261,705 40,077 Cash and investments-proJect funds 3,161,371 ¥ Bond issuance costs, net 43,873 245,909 223,047 Land 4,905,601 1,538,186 1,729,310 861,864 .. Buildings and improvements 27,080,865 7,309,713 19,638,536 10,364,023 Machinery and equipment 9,462,301 126,898 274,375 48,279 Accumulated depreciation (15,496,919) (2,380,772) (6,276,365) (1,267,240) ~ Construction In progress 1,126.026 111,419 204,134 7,435,327 ¡. Total non-currcnt assets 34.471,072 7,660,995 15,831,695 20,866,748 Total assets $ 50,061 ,397 S 10,316,783 $ 17 ,260,928 $ 21,467,131 ¡ Liabilities .. Current liabilities: Accounts payable $ 1,134,626 $ 236,675 $ 301,111 $ 876,163 Claims payable Accrued liabilities 68,063 7,693 3,768 10.337 ~ Deposits payable from restricted assets 306,860 52,923 2,850 63,870 ¡. Due to other funds 170,816 Bonds and notes payable, net 805,000 215,000 115,000 Accrued compensated absences 81,307 5,483 3,127 5,361 Unearned revenue - ~ Total current liabilities 2,395,856 517,774 310,856 1,241,547 .. Non-current liabilities: Advances from other funds Liabilities payable from restricted assets 7,094,974 I Bonds and notes payable, net 1,691,869 5,693,072 15,020,874 L Accrued compensated absences 87,418 14,095 10,491 13,116 Landfill closure liability 6,157,465 Total non-current liabilities 15,031,726 5,707 ,167 10,491 15,033,990 L T otalliabilities 17,427,582 6,224,941 321,347 16,275,537 Net Baaeta Invested in capital assets, net of related debt 24,581,005 797,372 15,569,990 2,306,379 Restricted for: L Landfill closure 254,351 Debt service S51,065 Renewal and replacement 158,577 261,705 40,077 Capital projects 3,161,371 Unrestricted 7,798,459 2,584,828 1,107,886 (316,233) t Total net assets $ 32,633,815 $ 4,091,842 $ 16,939,581 $ 5,191,594 .. )1 .. t .. See accompanYing note!!. 36 .. ~ .. L St. Lucie County, Florida Statement of Revenues, Expenses, and Changes in Fund Net Assets Proprietary Funds For the year ended September 30, 2005 Business-type Activities BaUlng & North South North Recycling Hutchinson HutchlDlon County Facility Utilities Utllltie. Utilities Operating revenncs: Charges for services $ 21,013,568 S 2,639,466 S 1,160,540 \ $ 1,497,803 Miscellaneous ~enuc 486,760 2,869 115 ' 6,150 Total operating revenue 21,500,328 2,642,335 1,160,655 1,503,953 Operating expenses: Personal services \ 2,398,593 179,261 79,411 158,654 Contractual services 6,716,840 549,402 946,759 552,868 Claims expense Supplies 736,178 618,993 9,263 94,587 Maintenance 1,323,395 141,538 322,862 261,016 Rentals and leases 94,553 5,906 44,770 442 Communication 56,017 9,384 19,376 12,695 Transportation 6,242 2,079 385 Economic environment 135,952 297 Miscellaneous expense 2,000 Depreciation 1,723,201 294,737 791,742 319,064 Landfill closure costs 357,668 Total operating expenses 13,550,639 1,801,597 2,214,568 1,399,326 Operating income (loss) 7,949,689 840,738 (1,053,913) 104,627 Nouoperatilll revenues (expenses): Intergovernmental revenue 972,433 127,291 132,087 159,834 Interest revenue 422,578 89,726 37,069 107,913 Loss an disposal of capital assets (27,865) Interest axpcnse (305,699) (388,368) (676,108) Paying agent fees (700) (1,725) (3,500) Total nonoperating revenues (expenses) 1,060.747 (173,076) 169,156 (411,861) Income (Joss) befbre contributed capital and transfers 9,010,436 667,662 (884,757) (307,234) Contributed Capital: Capital Contributions 4,239,285 Transfera: Transfers ID 30,174 Transfers out ~213:000~ (37,071) (11,000) Tatal transfers 182 826 (37,071) ( 11,000) Change in net assets 8.827,610 630,591 (895,757) 3,932,051 Net assets-beginning of year 23,806,205 3,461,251 17,835,338 1,259,543 Net assets-end of year $ 32.633,815 S 4,091,842 $ 16,939,581 $ 5.191,594 t; .. ill. 'L. L L. t .. L. .. F ¡ III L l ~ .. .. See accompanying notes. 'i ~, ÍIIt 38 .. ... r .. St. Lucie County, ~Iorida ... Statement of Cash Flows ,Proprietary Funds For the year ended September 30, 2005 .. Business-type Activities Bailing & North South North I; Recycling HutchiMon HutchlMon' County L Facility Utilities UtlUties Utilities Cash flows from operating activities Cash received ftom customezs $ 21,181,458 $ 2,659,567 S 1,143,082 $ 1,251,675 ¡ Cash paid to suppliers (8,909,238) (1,320,668) (1,172,757) (2,146,213) L Cash paid to employees (2,368,307) (166,522) (73,713) (170,513) Other receipts (payments) 486,760 2,869 115 6,150 Net cash provided by (used for) operating activittes 10,390,673 1,175,246 (103,273) (1,058,901) L Cash flows from noncapltal financing activities Proceeds fi'om insurance HurricllllC related expenses Proceeds fi'om federal and state awards 930,244 29,077 17,232 L Transfers in 30,174 Transfers out (213,000) (37,071) (11,000) Advances fi'om other funds Repayment of advances to other funds 33,686 L Net cash provided by (used for) noncapital 25,692 (11,000) fmancing activities 747,418 17,232 Cash flows from capital and related financing activities Proceeds fi'om sale of assets 89,356 ~ Proceeds from bonds and notes payable 2,377,500 '"í Principal paid on capital debt (790,000) (205,000) (110,000) \ Interest paid on capital debt (91,786) (340,267) (663,585) Purchases of capital assets (1,590,165) (1,632,023) (94,848) (4,103,010) ~ Bond paying agent fees and issuance costs (700) (1,725) (3,500) Net cash used for capital and related ¡. financing activities (2,383,295) (2,179,015) (94,848) (2,502,595) Cash flows from Investing activities Ii Interest on investments 422,578 89,726 37,069 107,913 .. Net increase (decrease) in cash and investments 9,177,374 (888,351 ) (172,052) (3,436,351) Cash and investments at beginning of year 12,557,848' 3,974,246 1.707.575 6,701,669 Cash and Investments at end of year S 21,735,222 $ 3,085,895 $ 1,535,523 $ 3,265,318 .. Cash and investments classified as: Current assets $ 14,079,037 $ 2,323,330 $ 1,270,968 $ Restricted assets 7,656,185 7~565 264,555 3,265,318 L Total cash and investments at end of year $ 21,735,222 $ 3,0 .895 $ 1,535,523 $ 3,265,318 L. ~ ¡. See accompanying noles. ¡ ~ II. 40 II. t .. ~ L St. Lucie County, Florida Statement of Cash Flows Proprietary Funds For the year ended September 30, 2005 Business-type Activities Bailing & North South North Recycling Hutchinson Hutchinson County Facility Utilities Utilities Utilities Retoncillatlon of net operating income (loss) to net cash provided (used) by operating activities Operating income (loss) S 7,949,689 $ 840,738 $ (1,053,913) $ 104,627 Adjushnmts to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation 1,723,201 294,737 791,742 319,064 Landfill closure expense 357,668 Changes in assets and liabilities: Accounts receivable (39,570) 16,106 (18,508) (270,948) Due from other governments Inventories (12,950) Accounts payable 177,901 6,931 170,658 (1,393,701) Claims payable 2.136 Accrued liabilities (6,891) 1,340 1,265 169,096 Due to other funds (3,012) (13,995) Accroed compensated absences 37,177 11,399 4,433 24,820 Deposits payable 207,460 3,995 1,050 Unearned revenue Net Clsh provided (nsed) by operating activities S 10,390,673 S 1,175,246 $ 003,273) $ 0,058,901) NOIIClsh capital activities: Capital assets transferred to goverwnental funds (26,071) Capital assets transferred from governmental funds 3,337,635 i. .. L La ~ L. ~ .. L I L. L " '~ .. ;" E- .. L. L. ... See accompanying notes. t ... 42 .. lit ... 81. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30,2005 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued ... .. B. Measurement Focus and Bases of Accounting - Continued 2. Fund Financial Statements - Continued L Governmental Funds - Continued .. The non-CUlTent portion oflong-tenn receivables (special assessments) due to governmental funds are reported on their balance sheets because of their spending measurement focus. The non- current portions of other long-tenn receivables are offset by fund balance reserve accounts. .. Because of their spending measurement focus, expenditure recognition for governmental fund types exclude amounts represented by non-cUITent liabilities. Since they do not affect net current assets, such long-tenn amounts are not recognized as governmental fund type expenditures or fund liabilities. L. La Amounts expended to acquire capital assets are recorded as expenditures in the year that resources are expended, rather than as fund assets. The proceeds of long-term debt are recorded as an "other financing source" rather than as a fund liability. Debt service expenditures, as wen as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. ~, Ii .' I , ... Proprietary Funds The County's enterprise funds and Internal Service Fund are proprietary funds. In the fund financial statements, proprietary foods are presented using the accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when the related goods or services are delivered. In the fund ñnancial stat~ments, proprietary funds are presented using the economic resources measurement focus. This means that all assets and all liabilities (whether current or non-CUlTent) associated with their activity are included on their balance sheets. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in total net assets. I .. L ¥ Ii. The County applies all GASB pronooocements as well as all F ASB Statements and Interpretations, APB Opinions and Accounting Research Bulletins, issued on or before November 30, 1989, which do not conflict with, or contradict GASB pronouncements. ~ .. Proprietary fimd operating revenues, such as charges for services, and operating expenses, such as salaries, supplies, and contracted services, result from exchange transactions associated with the principal activity of the fund. Exchange transactions are those in which each party '- ... Ii. 50 .. -- .. .. , j ¡:- L. i .¡:: ~~~~¡::: a - ~ ~ r--.. ø. N on 00 ~ .. ~ - Q\ '<" M ~ C'l t-~ ~ ¡ .. .. .. ... 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'r::: = 5 "). ::!- ::::: - - go - ~ icE ~ ¡g ~ r$ð tJ ~ ~ ~ fI.I - - .. § ~ ¡ = ~~§ I I ~ - ~ co ...... ~ AÞ ~If N ...... \D ~ ð .~ ~ N=å. ~-þ þ - C'l t-~ oo~ ~~~ .¿ ;;:a~ - il~ :a 0 ïi j' <::> ~g "'!.~M U ~t-~~ .... i- .,.. - r-: = ¡:... on - r-"' = ~.§ ~ M .ß - - ~ .. ~ i > '8 ,S ~ .. ~ ~] ..2 rJ. 8,.e; ~ ë.~ ~ ~ ~.~ ~ 'd~ ~ § C,) iOj ø. "ll .. J fI.I \C ~i ~ I .ª ~ 'S II) '.::I j~JJ ~ o 'jj nHi~ :5 ~ 'fã ~ .. >~ ...:I 67 lilt .. Ì' ... St. Lucie Co~nty, Florida Notes to Financial Statements (continued) Year Ended September 30, 2005 tl .. Wi; Ii. ¡ '- NOTE 7 - INTERFUND BALANCES Interfund balances at September 30,2005, consisted of the following: Interlimd Interfund Receivables Payables Governmental Funds: General Fund $ 7,477,347 $ 857,880 Transportation Trust 6,764,709 Fine and Forfeiture 586,213 2,191 Mosquito Control 34,229 3,409 Other Governmental Funds 237,438 512,621 Total Governmental Funds 8,335,227 8,140,810 Proprietary Funds: North County Utilities $ $ 170,816 Other Enterprise Funds 23,511 Total Enterprise Funds 194,327 Internal Service Fund 90 Total Proprietary Funds 194,417 Totallnterfund Balances $ 8,335,227 $ 8,335,227 L % i. L L L. L Amounts due to the General Fund include general and administrative charges and various reimbursements. All balances are expected to be paid within 60 days of year end. L. L i i. L ~ it ... 1.. t' .. 68 .. Interfund transfers for the year ended September 30,2005, consisted of the following: Governmental Funds: Transfers to the General Fund ftom: Fine and Forfeiture Fund - Operating contribution Mosquito Control Fund· Operating contribution Bailing & Recycling Facility Fund - Operating contribution North Hutchinson Utilities Fund - Operating contribution South Hutchinson Utilities Fund - Operating contribution Nonmajor funds - Operating contribution ~. .. ÌìIt St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2005 ~ NOTE 8 - INTERFUND TRANSFERS .. La L .. Transfers to Transportaion Trust Fund from: General Fund - HulTÍcane contribution L. Transfers to Fine and Forfeiture Fund ftom: General Fund - Operating contribution Bailing & Recycling Facility Fund - Operating contribution Nonmajor funds - Operating contribution L. Transfer to Mosquito Control Fund from: Nonmajor funds - Operating contribution ¡. Transfers to N01U11lÚor Funds from: General Fund - Lease revenue, grant revenue and operating contribution Fine and Forfeiture Fund - Operating contribution Nonmajor funds - Operating contribution t .. Total Governmental Funds ~ .. Proprletarv Funds: Transfers to Bailing & Recycling Facility Fund ftom: General Fund - Lease revenues Nonmajor enterprise funds - Operating contribution ! .. L Transfers to Sports Complex Fund ftom: General Fund - Project contribution Nonmajor enterprise funds - Operating contribution ~ L. Total Enterprise Funds Transfers to Health Insurance Fund from: General Fund - Contribution ~ Total Internal Service Funds I. Transfer of Capital Assets North Hutchinson Utilities Fund .. 69 .. $ 35,323,221 118,923 27,000 11 ,000 11,000 2,731,051 38,222,195 7,690,930 2,923,544 186,000 2,201,612 5,311,156 34,229 $ 4,539,177 111,631 2,621,349 7;1.72,157 58,530,667 $ 7,000 23,174 30,174 $ 130,016 940,345 1,070,361 1,100,535 $ 1,000,000 $ 1,000,000 $ 26,071 , .. ¡;.: II. St. Lucie County. Florida Notes to Financial Statements (continued) Year Ended September 30.2005 ... NOTE 9 - RECEIVABLE, PAYABLE, AND ADVANCE BALANCES ... A. Accounts Receivable t II. Accounts receivable at September 30. 2005. were as follows: ... Total Accounts Customer Franchise MiseeJJluef1uS Receivable 104.607 $ . $ 40,204 $ 144,811 103.402 103,402 107,623 107,623 319,030 669,812 988.842 634,662 $ 669,812 $ 40,204 $ 1,344,678 f III. Governmental Activities: General Fund Transportation Trust Fund Fine and Forfuiture Fund Other Governmental Funds Total Governmental Funds $ k .. $ ¡ i. Business- Tyoc Activities: Bailing & Recycling Facility Fund North Hutchinson Utilities Fund South Hutchinson Utilities Fund North County Utilities Fund Nonm¡¡Jor Enterprise Funds Total Enterprise Funds $ 1,123,964 $ . $ - $ 1,123,964 181,321 181,321 23.328 23,328 393.911 393,911 371.606 371,606 2,094,130 $ - $ . $ 2,094.130 l s B. Notes Receivable Ii. Notes receivable at September 30, 2005. were as follows: .. Governmental Funds: General Fund - Howard computer capital lease program Communication System I&S Fund - 800MHz public safety communication system Total governmental funds $ 60.747 1.742,402 $ 1,803,149 Y. II. ~ ... The Communication System 1&S :J;<'und reflects deferred revenue in the amount of $1,742,402 for the total notes receivable balance. , .. C. Special Assessments Receivable ¡ .. General Fund - special lighting district Becker Road I&S Fund Capital Projects I&S Fund River Branch I&S Fund $ 5,053 ~6,O00 967,045 110,732 $ 1,118,830 I. Becker Road, Capital Projects and River Branch I&S Fun4s assessments are also reflected as unearned revenue. .. 70 .. L. ~. .. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2005 La t ... NOTE 9 - RECEIVABLE, PAYABLE, AND ADVANCE BALANCES - Continued D. Payables L Payables at September 30, 2005, were as follows: Accounts Payable L Vendors Retainaee Governmental Funds: General Fund $ 3,555,195 $ 7,760 $ Transportation Trost Fund 1,311,799 4,612.042 Fine and Forfeiture Fund 319,989 Mosquito Control Fund 530,745 Other Governmental Funds 4,814.528 2.879,221 Total governmental activities $ 10,532,256 $ 7,499,023 $ Total Auounts Payable Accrued Liabilities Accrued Salaries AlJd Benefits Interest Payable Total Accrued Liabilities ~; .. L. L 3,562,955 5,923,841 319,989 530,745 7,693,749 18,031,279 $ 1,276,797 $ 152,952 127,721 38,310 150.456 $ 1,746,236 - $ 1,276,797 152,952 127,721 38,310 792,834 943,290 $ 792,834 $ 2,539,070 L Accounts Payable Accrued Liabilities Accrued Total Salaries Total Accounts And Interest Accrued Vendors Retainaee Payable Benefits Payable Liabilities Business TVDe Aetiyites: Bailing & Recycling Facility Fund $ 1,134,626 $ - $ 1,134,626 $ 68,063 $ - $ 68,063 North Hutchinson Utilities Fund 217,290 19,385 236,675 7,693 7,693 South Hutchinson Utilities Fund 297,216 3,895 301,111 3,768 3,768 North County Utilities Fund 680,654 195,509 876,163 10,337 to,337 Nol1ll1l\Íor Enterprise Funds 158,728 10,000 168,728 127,503 127,503 $ 2,488,514 $ 228,789 $ 2,717,303 $ 217.364 $ . $ 217,364 L ~ L L L l l ~ .. 71 1\ .. ì. ~ i.. St. Lucie County, ,Florida Notes to Financial Statements (continued) Year Ended September 30, 2005 i' L. NOTE 9 - RECEIVABLE, PAYABLE, AND ADVANCE BALANCES - Continued i. E. Deposits Payable "L. 1: Deposits payable at September 30, 2005, were as follows: ì II. Rental Vendor Customer Total Deposits Deposits Deposits Deposits Governmental Funds: General Fund $ 22,211 $ 56,259 $ . $ 78,470 Nonmajor Governmental Funds 25,275 25,275 Total Governmental Funds $ 22,211 $ 81,534 $ - $ 103,745 ( II. L Rental Vendor Customer Total Pronrietarv Funds: Deposits Deposits Deposits Deposits Bailing &. Recycling Facility Fund $ - $ 306,860 $ - $ 306,860 North Hutchinson Utilities Fund 52,923 52,923 South Hutchinson Utilities Fund 2,850 2,850 North County Utilities Fund 63,870 63,870 Nonmajor Enterprise Funds 1,500 8,400 5,580 15,480 Total Proprietary Funds $ 1,500 $ 315,260 $ 125,223 $ 441,983 L L L Ál!encv Funds: Law Libnuy Developer's Deposits Total Agency Funds Rental Vendor Customer Total Deposits Deposits Deposits Deposits $ - $ . $ 2,018 $ 2,018 121,261 121,261 $ - $ $ 123,279 $ 123,279 L La F. Claims Payable 1.. Claims payable in the amount of S 1,776,455 represents the claims incurred but not yet reported at year end in the Internal Service Fund. ~. I. I· ~' ... ¡. ... 72 , II. L. '- St. Lucie County~ Florida Notes to Financial Statements (continued) Year Ended September 30~ 2005 .. NOTE 10 - LONG- TERM LIABILITIES - Continued ì. L A. Schedules of Changes in Long-Term Debt- Continued Beginning Ending Balanee Balanee ProprietarY Funds: 101112004 Additions Payments 913012005 Bonds and notes payable: Solid waste refunding debt $ 3,560,000 $ - $ 790,000 $' 2,770,000 Water and sewer debt 19,492,500 ' 2,377,500 315,000 21,555,000 Total bonds and notes payable $ 23,052,500 $ 2,377,500 $ 1,105,000 $ 24,325,000 Other liabilities: Compensated absences $ 395,900 $ 29],944 $ 205,121 $ 482,723 Landfill closure liability 6,352,752 ],365,723 1,561,010 6,157,465 Business-Type Activities liabilities $ 29,801,152 $ 4,035,167 $ 2,871,131 $ 30,965,188 L Ý f. Ii. Ii. L The County has general obligation~ revenue and special assessment bonds outstanding at year end. Payments on the general obligation and revenue bonds are made by the debt service funds. South County Regional Stadium, tourist development tax revenue notes, and both special assessment bonds are paid ftom debt service funds; parks referendum line of credit. port deepening~ MSBU interim line of credit~ jail security, and fairgrounds notes are paid ftom special revenue funds; public safety 911~ energy efficiency revenue notes and three capital leases are paid ftom the General Fund. , Ii. l L L L. ì. .. .. f: Ii. 74 '- L ~ Ira St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30,2005 .. NOTE 10 - LONG-TERM LIABILITIES - Continued t: ... B. Schedule of Outstanding Debt - Continued L. SDecial Assessment Bonds: S~es 1996 S~es 20028 Total Special Assessment Bonds L. l Canital Leases: Series 2003 Series 2003 Series 2004 Total Capital Leases Total Oubtandlng Debt - Governmental Funds ~ ... ! t, II. BusIness-Type Activities: Revenue Bonds: Solid Waste System Revenue Refunding Bonds, SerieS 2002 North Hutchinson Island Water and Sower Revenue Refunding Bonds, Series 1997 North Hutchinson Island Water and Sewer Revenue Bonds, Series 2002 Holiday Pinos Water and Wastewater System Revenue Bonds, Series 1999 North County Utilities, Improvement Revenue Note, Series 2004 North County Utilities, fmprovement Revenue Note, Series 2004 Total Revenue Bonds l l L La Total Outstanding Debt - Business-Type Adlvities La . f.. L .. L. l Amount Amount Interest Purno.e ofl.sue ..IJw!l Outn.ndln!! -BmL Becker road improvements 1,860,000 505,000 5.700A.-6.500A. RIver branch estates MSBU 127,000 116.183 5.60%-6.50% 621.183 Howard computers lease #3 630,915 160,686 2.39GA. 10 Ford crown Victoria vehicles 243,040 162,807 4.15% Howard computers lease #4 626,540 314.228 2.49% 637.721 5129.895.931 Refunding 1993 bonds S 12,945,000 $ 2,770,000 2.00%-3.125% Refunding 1992 bonds 5,560,000 4,730,000 3.65%-5.10% Plant expansion 1,710,000 1,595,000 3.00%-5.00% Acquiring plant and plant expansion 5,840,000 5,230,000 3.40%-5.50% Water and sewer expansion 7,622,500 7,622,500 4.38% Water and sewer expansion 2,377,500 2.377.500 4.38% $ 24.325.000 $24,325,000 76 t II.. L ¡ .. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2005 NOTE 10 - LONG-TERM LIABILITIES - Condnued L C. Debt Service Requirements - Continued II II.. The following schedule shows debt service requirements to maturity for the County's obligations: L Business. TvDe Activities Fiscal SoUd Waste Water and Sewer Year Revenue Bonds Revenue Bonds Total Principal Interest PrIncipal Interest Principal Interest 2006 $ 805,000 $ 75,985 $ 330,000 $ ],005,269 $ 1,135,000 $ 1,08],254 2007 815,000 58,275 345,000 990,277 1,160,000 1,048,552 2008 845,000 33,825 360,000 974,162 1,205,000 1,007,987 2009 305,000 9,531 10,380,000 956,729 10,685,000 966,260 2010 395,000 536,471 39S,OOO 536,471 2011-2015 2.315,000 2,354,651 2,315,000 2,354,651 2016-2020 2.995,000 1,670,646 2,995,000 1,670,646 2021-2025 2.510,000 854,144 2,510,000 854,144 2026-2030 1,820,000 756,394 1,820,000 . 756,394 2031-2035 105,000 194,181 105,000 194,181 Total $ 2,770,000 $ 177,616 $ 21,555,000 $ 10,292,924 $ 24,325,000 $ 10,470,540 L L ~ .. t Ii. L. D. Bond Covenants L The Solid Waste System Revenue Refunding Bonds, Series 2002, require the landfill to deposit monthly into the sinking fund; one-sixth of the interest becoming due on the next interest date, one-twelfth of the principal becoming due on the next principal maturity date, and one-twelfth of the maturity amount of compounding interest becoming due on the next principal maturity date, plus one-twelfth of the amortization for any tenn bonds becoming due in the CUITent year. L l The County has covenanted on the above bonds to establish and maintain rates that will provide for 115 percent of the debt service requirement and 100 percent of the operating expenses and the reserve account credit facility costs, if any, during the year. f .. Ii. The North Hutchinson Island Water and Sewer System Revenue Refunding Bonds, Series 1997, and the North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2002, require that money in the revenue fund be applied on a monthly basis; first to pay operating expenses, and next to deposit into the sinking fund one-sixth. of the interest and one-twelfth of the principal accruing on the next payment dates. The reserve account must be maintained at its reserve account requirement. Money must next be deposited into the renewal and replacement fund equal to one-twelfth of the renewal and replacement requirement until a balance of $500,000 is L. þ ¡. 78 ~ w.. .. ",' n ¡¡. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2005 L. NOTE 10 - LONG-TERM LIABILITIES - Continued ~, It. D. Bond Covenants - Continued attained. Unrestored withdrawals must be paid into the renewal and replacement fund. ~ II. l The Holiday Pines Water and Wastewater System Revenue Bonds, Series 1999, require that money in the revenue fund be applied on a monthly basis; first to pay operating expenses and next to deposit into the sinking fund one-sixth of the interest and one-twelfth of the principal accruing on the next payment dates. The reserve account must be maintained at its reserve account requirement. Money must next be deposited into the renewal and replacement fund equal to one-twelfth of the renewal and replacement requirement until a balance of $300,000 is attained. Unrestored withdrawals must be paid into the renewal and replacement fund. E. Defeased Debt . In prior years, the County has defeased certain debt, the proceeds of which were placed in an irrevocable trust to provide for all future debt service payments on the defeased bonds. As such, the trust assets and related liability are not included in the accompanying financial statements. Following is a schedule of defeased debt outstanding at September 30,2005: l L. ¡ It. ~ II. ~ Bond Issue Utility Series 1990 Utility Series 1993 Sales Tax Refunding, Series 1994 800MHz Refunding, Series 2000A Total defeased debt Ending Balance 9130/2005 $ 14,345,000 44,580,000 34,860,000 6,130,000 $99,915,000 L .. On November 10, 2004, the County issued $8,030,000 of Public Improvement Refunding Revenue Bonds with interest rates ranging from 2.0% to 5.0%. This issue advance refunded the remaining $6,690,000 of 2000A Public Improvement Revenue Bonds. The interest rates on the 2000A series range ftom 4.2% to 5.5%. The 2000A bònds final maturity date is April 1, 2023, and are callable on October 1, 2010. The 2004A bonds were issued at a net premium of $134,588 and after paying iss~ance costs of$I71,746, the net proceeds were $7,992,842. Of this amount $711,486 was deposited into a debt service reserve fund, $7,281,356 was used to pW'Chase United States Obligation Securities. The United States Obligations were deposited with Wachovia Bank, N.A., Miami, Florida (''the Escrow Agent") pursuant to an Escrow Deposit Agreement ("the Escrow Agreement'') upon the issuance and delivery of the Series 2004A Bonds and will be held in trust for the payment of the principal of or redemption price, as applicable, and interest on the Refunded Bonds. The advance refunding met the requirements of an in-substance debt defeasance and the 2000A bonds were removed from the S1. Lucie County's government-wide financial statements. The aggregate difference in debt service between the refunded debt ($9,395,069) and the refunding debt ($10,468,333) is ($1,073,264). The net t.. L ~ ... L t. .. 79 ~ ¡ ~ '-- ~" ~ ÍIIII ~ .. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2005 NOTE 10 - LONG-TERM LIABILITIES - Continued r ... E. DeCeased Debt- Continued ~ .. economic loss resulting from the refunding is $577,502 and the deferred amount of the refunding is $591,356. F. Special Assessment Debt The County is acting as the agent for the property owners in several· municipal service taxinglbenefit units located within the County. The County is not liable for repayment of the debt and is only collecting the assessments and forwarding the collections to the paying agent. As such, the debt related to these bond issues is not reflected on the accompanying financial statements. The amount of the debt outstanding at September 30, 2005 is as follows: L. '- ... l South Hutchinson Island Wastewater System South Hutchinson Island Driftwood Manor King Orange Combined Special Assessment Debt King Orange 2 Skylark 2 Revels Lane 1 Rouse Road Treasure Cove Ideal Holding Westglen $ 11,155,000 475,000 31,500 45,000 83,976 95,546 72,147 120,895 99,300 244,527 70,541 31,690 $ 12,525,122 L i~ ... ( ~ NOTE 11- LANDFILL CLOSURE AND POSTCLOSURE CARE COSTS 1. L. State and federal laws and regulations require the County to incur various estimated costs of closing landfill sites and providing for the long-term care and maintenance of the landfùl sites for up to 30 years after closure. The total current cost of landfill closure and postclosure care is an estimate subject to changes resulting from inflation, deflation, technology or changes in applicable laws or regulations. ¡: ill. The amounts amortized are placed in interest bearing accounts in accordance with state regulations. The County utilized the landfill capacity used method to detennine the amortization expense and accumulated amortization of these estimated costs. As of the balance sheet date, the estimated capacity used is 92.89 percent for the existing Class I Phase II landfill and 36.78 percent for the existing construction debris (C&D) landfill. All capacity has been used for the Class I Phase I site and the Airport site. ' L. II. I o \ ... 80 ~ ... .. fþ .. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2005 .. NOTE 14 - CONDUIT DEBT - Continued L. As of September 30, 2005 there were 7 series of Industrial Revenue Bonds outstanding. The aggregate principal amount payable for these series as of September 30, 2005, was $335,429,925. L. " K ... The St. Lucie County Housing Finance Authority has participated with other authorities on ten Housing Finance Authority bonds. The County's participation in these nine issues totaled $59,225,928. The Reserve Community Development District outstanding conduit debt totaled $7,726,000. L. NOTE 15 - FUND EQUITY I t. A. Restricted Net Assets .. The County has established certain restrictions within the net assets section of the proprietary funds. Restricted net assets at September 30, 2005, consist of the following: ~ Bailing & North South North Total Recycling Hutchinson Hutchinson County Restr[ded Facility Utilities Utilities Utilities Net Assets Restrlded for: Debt Service $ . $ 551,065 $ . $ - $ 551,065 Renewal and Replacement 158,577 261,705 40,077 460,359 Capital Projects 3,161,371 3,161,371 Landfill Postclosure 254,351 254,351 Total Restricted Net Assets $ 254,351 $ 709,642 $ 261,705 $ 3,201,448 $ 4,427,146 iI. ì; .. .. , .. r ... j, ... Ii. II. 84 '- .. ,,~ I' ill. St. Lucie County, Florida .. Combining Statement of Net Assets Npnmajor EnterprIse Funds Sept~nber30,200S t; .. Golf H.E.W. Sports Airport Course Utilities Complex Utilities Assets Current assets, Wi Cash and mvestments $ 45,788 $ 17,800 $ 647,104 $ 136,489 ... Restricted assets: Cash and investments-customer deposits 1,500 4,295 3,400 1,285 Accounts receivable 19 9,448 343,851 18,288 L Due fi'om other governments 10,360 14,120 259.634 146 Inventories 52.140 Total current assets 109,807 45,663 1,253,989 156,208 Non-current assets' Land 1,268,050 38,000 5,601,360 L Bulldmgs and improvements 3,060,783 123,126 12,793.369 1.440.178 Machinery and equipment 1,007,956 4,202 703.071 Accumulated depreclatton (2,557,637) (76,025) (8,343,417) (172,765) Construction in progress 59,100 27,955 34,840 Total non-current assets 2,838,252 117,258 10,754,383 1,302,253 k Ii. Total assets $ 2,948,059 $ 162,921 S 12,008,372 $ 1,458,461 Uabllltles L Current liabJlities: Accounts payable $ 43,254 $ 13,861 $ 66,858 $ 26,197 Accrued liabílil1es 28,559 437 17,603 362 Deposits payable fi'om restricted assets 1,500 4,295 3,400 1,285 Due to other fimds 810 1,062 L Accrued compensated absences 12,640 531 18,733 698 Unearned revenue 5,712 1,761,651 Total current liabilities 92,475 19,124 1,869,307 28,542 Non-cUl'l'entliabilities' I Advances from other funds 2,469,849 460.525 .. Accrued compensated absences 37 ,431 1,597 33,432 3,287 Total non-current liabilities 2,507 ,280 1,597 493,957 3,287 Total liabilities 2,599,755 20,721 2.363,264 31,829 L Net assets Invested m capital assets, net of related debt 2,838,252 117,258 10,754,383 1,302,253 Unrestricted (2,489,948) 24,942 (1,109,275) 124.379 Total net assets S 348,304 $ 142,200 $ 9,645,108 S 1,426,632 L ~ K , F .. L I ... ... ~:' ill. 141 .. L. i, ~ L ... L. L ~ .. L L L. t: ... L. L ~ ¡. L L , t .. .. ~ t .. Operating revenues: Charges for services MiscellaneouB revenue Total operating revenue Operatfna expenses: Personal services Contractual services Supplies Mamtenance Rentals and leases Communication Transportation Economic environment Depreciation Total operating expenses Operatmg income (loss) Nonoperating revenues (expenses): Intergovernmental Revenue Interest revenue Loss on dIsposal of capital assets Interest expense Total nonoperating revenues (expenses) Income (loss) before transfers TransferS: Transfers m T ota! transfers Change in net IIssets Net assets-beginning of year Net assets-end of year St. Lucie County, Florida Combining Statement of Revenues, Expenses and Changes In Fund Net Assets Nonml\Ïor Enterprise Funds For the year ended September 30, 2005 Golf H.E.W, Sports Airport Course Utilities Comple.x Utilities S 1,287,363 $ 79,710 S 449,972 S 120.074 173,082 90 5,625,654 1,460,445 79,800 6,075,626 120,074 916,398 14,381 544,983 18,894 261,267 84,793 636,826 39,725 200,936 122 102,239 11,249 86,713 46.665 5,570,468 203,689 1,839 12,738 471 63,860 438 1,842 160 14,427 229,727 6,156 363 ,289 36,760 1,927,737 152,588 7,283,664 107,066 (467,292) (72,788) (1,208,038) 13.008 40,304 36,346 274,875 146 6,006 934 2,389 (403) (983) (115,726) (69,819) 37 ,280 273,892 2,535 (537,111) (35,508) (934,146) 15.543 1,070,361 1,070,361 (537,111 ) (35,508) 136,215 15,543 885,415 177,708 9,508,893 1,411.089 $ 348,304 S 142,200 S 9,645,108 $ 1,426,632 143 t, L ~, Ii.. L St. Lucie County, Florida Statement of Cash Flows Nonmajor Enterprise Funds For the year ended September 30, 2005 ~;;t tI. Golf H.E.W. Sports AIrport Conrse UtiliCiu Complex UtilitIes L Cash nows from operating aetivlliu Cash reccnved &om customers $ 1,281,302 $ 81,160 $ 453,752 S 118,180 Cuh paid to suppliers (765,329) (127,461) (7,637,711) (34,707) Cash paid to employees (929,192) (16,102) (540,139) (16,710) Other receipts 173,082 90 5,625,654 L Net cash provided by (used for) operatlOg activities (234,737) (62,913) (2,098,444) 66,763 Ca,h nows from noneapltal flnanelng aedvltles Proceeds fi'om insurance 7,200,000 Hurricane related expenses (5,438,349) Proceeds /Tom federal Bnd state Bwards 29,944 22.226 15,241 ~ Transfers ut 1.070,361 .. Advances ftom other funds 265,726 - Net cash provided by noncapltal financing activities 295,670 22,226 2,847,253 L Casb flows from capital and related IInanelnll actlviCies Interest paid on capital debt (115,726) Purchases of capital assets ~172:01l~ ~99 :805~ f9 045~ Net cash used for capital and related financing activities 287 137 99 80S 9:045 L Casb flows from InvestIng ae/lvltles Interest on JDvestments 6,006 934 2,389 Net mcrease (decrease) in cash and investments (220,798) (39,753) 649,004 60,107 Cash and cash equivalents at beginning of year 268,086 61,848 1,500 77,667 L Cash and Investments at end of rear $ 47,288 $ 22,095 $ 650,504 $ 137,774 Cash Bnd investments classified as' ~ Current assets $ 45,788 $ 17,800 $ 647.104 S 136,489 .. Restricted IIIIsets 1,500 4,295 3,400 1,285 Total cash and Investments at end oryear $ 47,288 $ 22,095 $ 650,504 $ 137,774 L Reconciliation of net operating Income (loss) to net eaøh provided by (used for) oper.llne activities Operating Income (loss) $ (467,292) $ (72,788) $ (1,208,038) $ 13,008 ~, Adjustments to reconcile opeJ'l\tlng Income (loss) to L. net oa81\ provided by (used ror) operating \\ClIVltles. Depreciation 229,727 6,156 363,289 36,760 Changes In asset., and liabilities' ), Accounts receivable (19) 1,055 1,880 (2,589) 1[' Due from other governments L Inventories 14,585 Accounts payable 6,603 4.590 39,736 16,705 Acorued liabilities (406) (635) (1,731) (1,157) Due to other funds (4,905) - ( 1,302,055) L Acorued compensated absences (12,988) (1,686) 6,575 3,341 Deposits pa)l1lble 395 1,900 695 Unearned revenue (42~ Net cash provIded by (uud for) operating activities $ (234,737 $ (62,913) S (2.098,444) $ 66,763 ~ L. ... ~ Ii.. 145 ¡ Ii.. ¡ ... f:' II. Ii. 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Cf1 *- Cf1 ~ .... "<t CO CO ~ ff) 1.0 N tf'). r- oo rr\ .... on C"'\, ~ .... on co ""'"n g) 1.0 - ~ Cf1 Cf1^ - 1.0 o \0 ""'" N 00 0\ ~ I() ~ .... on ii -^ ...... \On ...... ..... ~ (") N - t r- OO 00 Nn on ~ 0'\ ~ q ...... 00 b; oô on ...... ...... ~ ~ on <:) ~ ~ 1 8 .~ t ~ fß ...... ].¡:¡ 0 '#. o C"1 ~ ]fß ! ~j ¡; "" 0 n i~ j rl i.a ~ I~ in ~ Eic; b s....r- ¡Gf]:8~ -g~!S~.g ~~¡t] ]j~:1 ~ .~ ·1 ] ~ fi ='g a ~ HtJI ~'i1~ 8~ "õj1~~] ,.Ë..a~~~ ..........-......~ ..c(!.c,~~ ~ z ~ u 'ã .g u -š ...... o ð , u <I) 'r) ~ ...I (/) ~ I ~ ~ ~ ] u :å ] I: ..8 ~ (/) C/ ITEM NO. C i I~c- DATE: Apri/24. 2007 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): UTILITIES DEPARTMENT PRESENTED BY: C7#L,¿¿U' (2ttÃ1Á_ Laurie Case Utility Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2005/2006. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners' adoption of Ordinances 04-023 creating the St. Lucie Water and Sewer District. RECOMMENDATION: Staff recommends the board approve the adoption of Resolution No. 07-153 ratifying and accepting Fiscal Year 200512006 St. Lucie County Water and Sewer District Annual Comprehensive Report. COMMISSION ACTION: : ðAPPROVED 0 DENIED CONCURRENCE: o OTHER: Approved 5-0 Review. Coordination and Approvals o County Attorney: ~i".ru-M tk- o Management and Budget: o Purchasing: o Originating Dept: o Parks & Rec: o Other: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. UTILITY DEPARTMENT MEMORANDUM DATE: Board of County Commissioners Laurie Case, Utility Director \.\~ April 24, 2007 TO: FROM: RE: St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2005/2006. BACKGROUND: In 2004 the Board of County Commissioners adopted Ordinance No. 04-023 creating the St. Lucie County Water and Sewer District ("District"). A requirement of the District, under Section 153.75, Florida Statutes, is preparation, acceptance and filing of a comprehensive annual report of the District Utility systems. Attached is the Annual Comprehensive Report of the District for Fiscal Year 2005/2006. RECOMMENDATION: Staff recommends that the Board approve the adoption of Resolution 07-153 ratifying and accepting Fiscal Year 2005/2006 St. Lucie County Water and Sewer District Annual Comprehensive Report. · . , " RESOLUTION NO. 07-153 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, ACTING FOR ITSELF AND AS THE COMMISSION FOR THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; RATIFYING AND ACCEPTING THE ANNUAL COMPREHENSIVE REPORT OF THE DISTRICT FOR FISCAL YEAR 2005/2006; DIRECTING THE FILING OF SAID REPORTS WITH THE DISTRICT CLERK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the County Commission created the St. Lucie County Water and Sewer District ("District"); and WHEREAS, pursuant to Section 153.75, Florida Statutes, the District Board is required to cause to be prepared a comprehensive annual report of the District utility systems ("Annual Report"); and WHEREAS, the County, sitting as the District Commission, caused an annual report for the District for fiscal year 2005/2006 to be prepared and included said annual report as a component part of the County's Comprehensive Annual Financial Report filed with the State for fiscal year 2005/2006; and WHEREAS, by this Resolution, the County, sitting as the District Commission, intends to ratify and formalize delivery of the District Annual Report for fiscal year 2005/2006 from the District Commission to the County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, acting for itself and as the Commission for the District: Section 1. ACCEPTANCE OF ANNUAL REPORT. The District Board hereby ratifies and delivers the Annual Report for fiscal year 2005/2006, copy of which is attached to this Resolution, directs District staff to file such Annual Report with the County Clerk, \ , ' acting for and on behalf of the District as the District Clerk, and the County ratifies and affirms acceptance of said Annual Report from the District. Section 2. EFFECTIVE DATE. This Resolution shall become effective upon adoption. Section 3. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Chris Craft Vice Chairman Joe Smith Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande xxx xxx XXX XXX XXX PASSED AND DULY ENACTED this _ day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney . '" UTI LIT I ES DEPARTMENT BOARD OF COUNTY COMMISSIONERS April 18,2007 Board of County Commissioners St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear County Commissioners: Please find attached the St. Lucie County Water and Sewer District Annual Comprehensive Report for Fiscal Year 2005/2006. This report provides a status of activities, including financial, for the Utilities. Included in this report: 1. The Utilities organizational chart, 2005/2006 Fiscal Year Budget, Mission, Goals & Objectives and Key Indicators. 2. The Utilities information from the St. Lucie County, Florida 2006 Annual Report. 3. The approved Utility rates, fees and charges as of September 30, 2006. 4. Evaluation results of the physical inspection from the CDM St. Lucie County Consolidated Water and Wastewater Facilities Inspection and Engineer's Report for Fiscal Year 2006 shown in the Summary of Inspection and Assessment tables: Table 2-1 North County - Holiday Pines - Wastewater Treatment Facility; Table 2-2 North County, including Portofino Shores, and Airport Wastewater Pump Stations; and Table 2-3 Holiday Pines Water Treatment Plant. Note: The Utility has addressed, or is in the process of, the proposed corrective maintenance 5. Information regarding the Utility system and ongomg North County infrastructure expansion. 6. Sections from the St. Lucie County, Florida Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2006 pertaining to the Utility District. A work authorization with CDM was approved in September 2006 for assistance with the St. Lucie County Water and Sewer District Water Use Permit Application that will address the water needs for the entire District. JOSEPH E. SMITH, District No, 1 . DOUG COWARD, District No.2· PAULA A, LEWIS, District No,:3 . CHARLES GRANDE. District No, 4 . CHRIS CRAFT, District No, 5 County Administrotor - Douglas M, Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982 · Phone (772) 462-1150 · FAX (772) 462-1153 web site: www.co.st-lucieJI.us - ~ The St. Lucie County Water and Sewer District is a Utility that is run and reported as an Enterprise Fund or business entity. The rates, fees and charges are adopted to cover the cost of doing business, including any outstanding debt payments. The Utility coordinates with developers through the Standard Developer's Agreement to determine their water and sewer needs and provides the means for the developer to turn that infrastructure over to the Utility; in this way, growth is expected to pay for growth. The Utility staff strives daily to provide quality service to their customers in the most efficient, effective and economical manner. As always, please call me at 462-1175 if you have any questions. Respectfully submitted, ~ eeuz Laurie Case Utility Director 1:: co ..c: o c: o -- ...., CO N -- c: CO ~ o en Q) -- ...., -- - -- ...., :J ~ c: :J o o Q) -- Ü :J -.J - ...., CJ) en s..... Q) c: o .- en s..... en 0 '- ....... E ~ E en o 'ë ü .- E ~-'U c: « ::J ~ o ....... Ü c: ::J o Ü I+- o 'U s..... CtS o cc .-.. N -- f..... o ....... CO f..... ....... .en c: .- E ""C « ~ ....... c: ::J o Ü ....... c: CO ....... en .- en ~ s..... o ....... U f..... Q) o .: 1) 0 ~ >. .- ....... 0- == :.¡::¡ ~ :J .- :.¡::¡ :J ....... c: CtS ....... en .- en ~ c: 0 en 0.. c: ._ 0.. I- ..c:1- .8$ ~ $ .-.. £$ $ N W -- oð ..c:'U . f..... I Q) ....... c: 0.. ~ 0) ::J CO I- CO 0- oð c: (/).!:!1 $ 0 CO I I ~ "'0 ....... Q) U ....... Q) U ......... c: CtS 0 s..... f..... ~a.. 0.. ....... 0.. 0.. c: c: I- >. l- I- 0 ~ :c~ C$ ü .- $ .- U ::J $ $ ....... ....... 0 :J ::J I ""C Ü oð en ..c:c:..c:o.. 'U tCOt- c: '- ~.!!! ~$ ~ '- CtS u... ....... c: CtS ....... en .- en ~ Q) > .¡:::; ::J U Q) X W f..... Q) 0) CtS c: CtS ~ en Q) u .- è Q) (/) ~ .- :.¡::¡ :J f..... o en .- è Q) c.. ::J (/) 0) c: .- .- Q) Q) .u .u è è Q) Q) (/)-(/) f..... s..... ....... Q) Q) c: E E 19 0 0 en ....... ....... ._ en en en ::J ::J ~ Ü Ü Q) > :.¡::¡ ::J U Q) X W cc DEPARTMENT: UTILITIES DIVISION: 2002·2003 2003·2004 2004·2005 2005-2006 % ACTUAL ACTUAL BUDGET BUDGET CHANGE REVENUES: General Fund 0 0 0 0 N/A Enterprise/Internal Service Fund 6,650,198 6,014,336 18,677,954 13,295,730 -28.8% Other Funds a 0 0 0 N/A Departmental Revenues 0 0 0 0 N/A Grants and Other Revenues 0 0 70,343 0 -100.0% TOTAL: 6,650,198 6,014,336 18,748,291 13,295,730 ·29.1% APPROPRIATIONS: Personnel 342,468 355,411 551,727 479,711 -13.1 % Operating Expenses 2,546,034 2,887,236 3,645,279 4,098,825 12.4% SUB-TOTAL: 2,888,502 3,242,647 4,197,006 4,578,536 9.1% Capital Outlay a 0 10,385,116 2,899,732 -72.1% Non-Operating Expenses 2,245,258 2,017,303 4,166,175 5,817,462 39.6% Hurricane, etc. a 21,957 0 0 N/A TOTAL: 5,133,760 5,281,907 18,748,297 13,295,730 -29.1% FTE POSITIONS: 8.33 8.33 9.33 9.33 MISSION: The mission of St. Lucie County Utilities is to provide a superior level Of utility service to our customers and residents of 5t lucie County in a professional and responsive manner, and strategically plan for the future infrastructure needs of County residents. Additionally. County Utilities will work toward a partnership with surrounding utility entities to improve overall efficiency in the industry. FUNCTION: The Utility Department provides water and wastewater service to customers within areas of 5t. Lucie County, which includes 18 miles of water transmission lines and 52 miles of wastewater lines and also includes 4 Wastewater and 2 Water Treatment Plants. The service prQvided is accomplished in a cost efficient manner to maintain reasonable rates for our customers in a manner that does not comprpmise the quality of the product delivered or the service rendered. The Utilities Department works diligently with the residents of the County that desire utility service. The Department coordinates and implements planning tQ accomplish providing the desired service. The department assists other departments within the County with utility planning, answering utility- related questions and solving utility problems within the County, 2005-2006 GOALS & OBJECTIVES 1 Implementation of a Utility GIS system to create and modify utility 4 Interlocal Emergency Water system maps, Agreement with Indian River County. 2 Expansion of North County and Central County Utility 5 Update Utility Web Site, Infrastructure. 3 Consolidation of North Hutchinson Utility District with North 6 Adopt a Bad Debt Collection Policy. County Utility District. - C -160 - DEPARTMENT: UTILITIES DIVISION: KEY INDICATORS: DESIRED 2003-2004 2004-2005 2005-2006 TREND ACTUAL BUDGET PLANNED 1 ) CUSTOMER BASE Increase 12.100 12.100 13.071 2) AVERAGE CALLS PER MONTH Increase 500 500 700 3) GALLONS OF WASTEWATER TREATED Increase 310,723.000 310,723.000 334.723.000 4) WATER CONSUMPTION Increase 57,000,000 57.000,000 64.000,000 5) GALLONS OF WATER TREATED Increase 56,494.000 56.494.000 60,000,000 COMMENTS: - C-161 - in managing the Pepper expansion and the Fair Grounds U) ill ¡:: :J ¡:: :J ç Z :J o Ü ill Ü :J ..J f- U) U) ill ¡:: :J ¡:: :J ç Z :J o Ü ill Ü :J ..J f- U) U) ill ¡:: :::¡ ¡:: :J ç Z :J o Ü ill Ü :J ..J f- U) ffi fð ~ ~ g iÈ 8 ~ ffi g g g ~::::::::: ~ ~ ~ ~ ~ ~ ~ z ~ ~ ~ ~ ~"'~" '" « '" « '" '" g z z Z z z ~ W- 0 8 0 0 8 0 U) '" .,¡ ci &1 « § oj $ ¡'! ~ '" .,: æ g g 0 ~ æ ~ å ~ ~ Ë ~ ~ ~ ~ ~ ~ ~ t/) w ~ ~ o 0. 0:: « ::,¡¡¡ .....~. >m ~ ~i ~ ~ :f~ E :3 W::.W i!~~§~::i ~ ~ ~ (3 ~ (J) »:'1. :;¡ ~ ~ § 3i ;:'::ã 8 :r: g ~ 0 o:.'f;: ~ 0 ¿; .- ~ fi).:.w 0:: z ~,:J';"" ill 0 ,- ()':,~ ~ t ~:. ~ § I if (j) W If> U) ~ z ill 0 .... ¡:: ;J! :J ::.:: C> ¡:: a:: ~ :J <{ ç a. 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Q) 0 51: «I Q ~ E 1-,9- :I 0" W tJ ;Šõ-g c c 00 :;::; .!!!~-ci c (/ ... (1) (1) (/ Q) U E (1) 0.. III o..uo-;::: 'S e a. Q) 0"0..0>'" (1)"'" c (1) (1) ¡¡¡ï::..o ¡::.s,g~ 1 00 u 0 (1)C..c .~~(fJ (1) :õ 00 .~ ã. 0.. « Õ z I « z « z !II -0 C :I e C) -0 C «I g C :ë '3 CD 0> C :§ ~ '5 'i5 CD'- () 'S C CIJ 00 (1) ..Q .5 E 5 (1) - :is ë3 l"- I ('\ 000 000 000 o 0 tJ -0 C :I e ø ~ 'i5 C :I g :I (J) g " ~ g .... N c o Û ~ IJ) ~ ~ n Total Projected Rel/enue ell Sources: $14,518,513 Cash Balance Forward 48% Misc Fees 2% Water USage Fees 18% Usage Fees 23% Sewer Connection ,Reclaimed Water J' ~ Usage Fees Fees Water Connection 19/0 4"/0 Fees 4% R&R Transfer 1% Utilities ./ 2% Contracted Services 11% Debt Service 9% Reserves 28% Purchased Water Professional Services 4% l\IIaintenance Reid 3% General & Adninistration 2% Total Proposed Expenditur $14,518,513 1 utmty Service Areas !2:ZJ <it ,"v$t '~1'~f ¡¡"''''_'t't ffl~ 2 3 4 5 6 7 8 , h .. L. L ~ L. L. ii ~~.. ÌÍIIIf ST. LUCIE COUNTY, FLORIDA L. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR.THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 r .. .. '- Edwin M. Fry, Jr., CPA Clerk of the Circuit Court L. ... Prepared By: Clerk of the Circuit Court Finance Department ;.~ Ii. rt ... Christann K. Hartley, CPA. ~ CGFM , Finance Director ... ... L. * PLEASE NOTE: Only the pages pertaining to Utilities (Proprietary/Enterprise Funds) have been copied from the CAFR. "'" ~: L. i.. , St. Lucie County, Florida Management's Discussion And Analysis For the Year Ended September 30, 2006 ~ .. ... Proprietary Funds The County's proprietary funds operate like businesses, where the rates established by the County are intended to generate sufficient funds to pay the costs of current operations and provide funding for long-term asset acquisition. The Bailing & Recycling Facility Fund is used to account for all operations of the County's landfill. As required by the State Department of Environmental Protection, the County has set aside $8.0 million for the long-term care of the landfill. At September 30, 2006, the unrestricted net assets of this fund were $7.6 million, which represented a decrease in unrestricted net assets of $0.2 million. L. La ill The South Hutchinson Island Utilities Fund is used to account for sewer services to residents living on this barrier island in the southern part of the County. At September 30, 2006, the unrestricted net assets of this fund were $0.8 million, which represented a decline in unrestricted net assets of $0.3 million. ~ .. I .. The North County Utilities Fund is used to account for water and sewer services to residents located in the northern part of the County. The County purchased the system in 1999. At September 30, 2006, the unrestricted net assets of this fund were $2.2 million, which represented an increase in unrestricted net assets of $2.5 million. This was the result of the consolidation of the Utilities Funds. The North Hutchinson Island, HEW, and Airport Utilities Funds were dissolved and their assets were transferred to the North County Utilities Fund. ill L. Budgetary Highlights for the General Fund Variance Between Original Budget and Final Amended Budget After the original budget is approved, it may be revised for a variety of reasons such as unforeseen circumstances, corrections of errors, new bond or loan proceeds, new grant awards, and other revenues. During fiscal year 2006, the budget for the general fund was amended from its original budget of $150.4 million to its final amended budget of $166.1 million. The original budget for revenue and transfers in was $143.8 million. Throughout the year, this was amended to a final budget of $154.6 million. Overall, this represented a $10.8 million increase in the budgeted revenue for the general fund. The budget for expenditures and transfers out was originally adopted at $136.0 million. The final amended budget was $156.5 million, which was a $20.5 million increase. .. ~. ill II. Ii. '- The final amended budget for the General Fund's beginning fund balance increased by $4.9 million over the original budget. During fiscal year 2006, the County amended the budget to reflect the actual beginning fund balance. ~ .. ... ·19· ill L ì.. ... St. Lucie County, Florida Statement of Net Assets Proprietary Funds September30,2006 ... Business-type Activities L Bailing .. SOuth North Recycling Hutchinson County Facility utilities Utilities ,,' Assets ;,-, Current assets: .. Cash and Investments $ 15,250,375 $ 958,456 $ 2,655,447 Restricted assets: Cash and Investments-customer deposits 340,770 4,160 130,230 ~. Accounts receivable 1,063,288 27,796 350,176 . Due from other funds ... Due from other governments 29,748 Inventories 54,640 ~> Total current assets 16.738,821 990.402 3,135.853 .. Non-current assets: Restricted assets: Cash and Investments--landfil1 closure 8,034,205 Cash and Investments-<febt service 551,065 ~; Cash and investments-renewal and replacement 137,981 65,846 Ii. Cash and Investments-proJecl funds 2.594,824 Bond Issuance costs, net 20,984 460,395 Land 4,906,601 1,729,310 2,438,050 Buildings and Improvements 29,616,027 19,842,670 19,575,429 ì. Machinery and equipment 10,565.204 194,154 212,069 Accumulated depreciation (16,608,859) (6.969,690) (4,670,273) Construction In progress 1.715,632 8,949.306 Total non-current assets 38.248.794 14,934.426 30,176,711 Total assets $ 54,987.615 $ 16,924.827 $ 33.312,664 L. Liabilities Current liabilities: i. Accounts payable $ 1,528,462 $ 172,142 $ 762,893 ClaIms payable Accrued liabilities 73,521 2,8049 14,623 Deposits payable from restricted assets 340,770 4,150 130,230 Due to other funds 189.066 42.483 38.328 ... Due to other governments 1,161 Bonds and notes payable, net 815,000 345,000 Accrued compensated absences 96,802 1,260 4,113 Unearned revenue Total current liabilities 3,044,772 222,884 1 ,295,087 .. Non-current liabilities: Advances from other funds Liabilities payable from restricted assets 7,772,224 Bonds and notes payable. net 1,017,010 20,372,985 L. Accrued comp-ansated absences 96,141 6.265 10,703 Landfill clOBUN liability 6.769.876 Total norK:Urrent liabilities 15,665,260 5.265 20,383,688 T otalllablllti$s 18,700,022 228.149 21,678.776 .. Net assets Invested In capital sssets. net of related debt 28,382,579 14,796,444 6,246,991 Restricted for: Landfill closure 261.981 ¡. Debt service 551,065 Renewal and replacement 137,981 65,846 Capital projects 2,594,824 UnrestrIcted 7.643.033 762,253 2,175,083 Total net assets $ 36.287,693 $ 15,696.678 $ 11.633,789 .. See accompanying notes. -35 - .. ¡;. ill L. .. % Ii. L. f t. J ... .. L , ~. .. ~' .. .. L. ... ò lit .. Ii. .. .. St. Lucie County, Florida Statement of Revenues, Expenses, and Changes In Fund Net Assets Proprietary Funds For the year ended September 30, 2006 Business-type A.ctlvltles Bailing & South North Recycling Hutchinson County Facility Utilities utilities Operating revenues: Charges for services $ 17.867,681 $ 1,172.890 $ 5,173,382 Miscellaneous revenues 457.487 60 36,576 Tolal operating revenues 18,325,168 1,172,950 5.211,960 Operating expenses: Personal services 2,769,186 75,840 412,991 Contractual services 7,222,455 1,285.161 1,548,057 Claims expense Supplies 771,487 1.480 779,156 Maintenance 1,147,614 326,196 290,300 Rentals and leases 18,026 43,015 6,175 Communication 47,286 14,097 24,071 Transportation 12,925 1,011 Economic environment 144,615 MIscellaneous expense 2,800 Depreciation 1,588,700 800,665 751,356 Landfill closure costs 1.310,237 Total operating expenses 15,035,330 2,546.454 3,813,117 Operating Income (loss) 3,289,838 (1,373,504) 1,398,843 Nonoperating revenues (expenses): Intergovernmental revenu~ 200,970 71,216 156,169 Interest revenue 1,017,468 59,385 284,405 Loss on disposal of capital assets 37,378 Interest expense (218,436) (1,056,171) Paying agent fees (700) (1,725) Total nonoperating revenues (expenses) 1,036,680 130,601 (617.322) Income (loss) before contributed capital and transfers 4,326,518 (1,242,903) 781,521 Transfers: Transfers In 7,000 184,204 Transfer In . Transfer of Capital Assets Transfers out (213,000) (184,204) Transfers out - Transfer out Capital Assets (466,740) Total transfers (672,740) Change in net assets 3,653,778 (1,242,903) 781,521 Net assets-beginning of year 32,633,815 16.939,581 10,852,268 Net assets-end of year $ 36,287,593 $ 15,696,678 $ 11,633,789 See accompanying notes. - 37· ... ... it. ìk ... L. ", L. 1.. ¥ i.. ; {i it. , '- .. ~ .. ~ .. '- .. $ .. ; ... .. .. St. Lucie County, Florida Statement of Cash Flows Proprietary Funds For the year ended September 30, 2008 Business-type Activities Bailing & South Recycling Hutchinson Facllfty Utilities Cash flows from operating activities Cash received from customers $ 17,962,267 $ 1,169,722 Cash paid to suppliers (8,820,097) (1,756,436) Cash paid to employees (2,739,609) (83.851) Other receipts (payments) 457,487 60 Net cash provided by (used for) operating activities 6,860,148 (670,505) Cash flow. from noncapltal financing actlvJtJe. Proceeds from federal and state awards 213,411 203,303 Transfers In 7,000 184,204 Transfers out (213,000) (184,204) Advances from other funds Net cash proVided by (used for) noncapltal financing activities 7.411 2P3.303 Cash flows from capital and related financing activities Proceeds from esle of assets 325,997 10,605 Capital contribution Principal paid on capital debt (805,000) Interest paid on capital debt (55,406) Purchases of capital assets (5.459,790) (37,724) Bond paying agent fees and Issuance costs (700) Net cash used for capital and related financing activities (5,994,899) (27,119) Cash flows from Investing activities Interest on investments 1.017,468 59,385 Net cash provided by InvestIng activIties 1.017,468 59,385 Net Increase (decrease) in cash and Investments 1,890,128 (434,936) Cash and investments at beginning of year 21.735,222 1,535.523 Cash and Investments at end of year $ 23,625,350 $ 1,100,587 Cash and Investments ciasslfied as: Current assets $ 15,250,375 $ 958.456 RestrIcted assets 8.374.975 142,131 Total cash and Investments at end of year $ 23,625,350 $ 1.100,587 S998ccomp8n~ngnore~ ·39· t g: .. i! .. ~. ill. ¡t ill. Governmental Business-type Activities Activities iJ North NonmaJor Internal if ill County Enterprise Service Utilities Funds Total Funds ~.' ~ &. $ 5,434,031 $ 4,986,478 $ 29.552,498 $ 15,990,695 (3,163,860) (4,046,605) (17,808,996) (13,826,083) (446.650) (4,337,242) (7,607,252) (1,566,687) It 38.578 403,892 900,017 3,830,657 ~ .. 1.842,099 (2,995,477) 5,036,265 4.428,582 ... 411,251 693,743 1,721,706 1,063,704 1,254.908 (397,204) 269.018 269,018 .. 411.251 2,226,485 2,848,430 ... 178.415 515,017 (334,077) (334,077) (330,000) (1,135,000) (1,056,171 ) (119,018) (1,230,595) i. (1,507,867) (210,753) (7.216.134) (1,718) (1,725) (2,425) (3,061 ,425) (329,771) (9,403,214) (1,718) L. 284,405 179,106 1,540,364 266,464 284,405 179,106 1.540,364 266,464 ~.. (513,670) (919,677) 21,845 4,693,326 .. 6,511 ,082 4,736.377 34.518,204 4.484.316 $ 5.997,412 $ 3.816,700 $ 34.540,049 $ 9,177.644 ill. $ 2.655,447 $ 3,805,768 $ 22,670.046 $ 9,177,644 3.341,965 10,932 11,870,003 $ 5,997,412 $ 3,816,700 $ 34.540,049 $ 9,177.644 ... ill ... ill - 40- .. ~ .. ~. k ... .. iÒ ~, ... ~ ... ~ .. ì.. .. ¡. L.. l ~, .. ... ~ l' .. I. ì. tit .. ... .. St. Lucie County, Florida Statement of Cash Flows Proprietary Funds For the year ended September 30. 2006 Business-type Activities Bailing & Recycling Facility South Hutchinson Utilities Reconciliation of net operating Income (108S) to net cash provided by (used for) operating activities Operating income (loss) $ 3,289,838 $ (1,373,504) Adjustments to reconcile operating Income (loss) to net cash provided by (used for) operating activities: Depreciation 1 ,588,700 800,665 Landfill closure expense 1,289,660 Changes In assets and liabilities: Accounts receivable 60,676 (4,468) Due from other funds Due from other governments Inventories (16,365) Accounts payable 394.987 (128,970) Claims payable Accrued liabilities 5,458 (919) Due to other funds 189,066 42,483 Accrued compensated absences 24,218 (7,092) Deposits payable 33,910 1,300 Unearned revenue Net cash provided by (used for) operating activities $ 6.860,148 $ (670,505) Noncash capital activities: Capital assets transferred to Golf Course $ (466,740) $ Capital assets transferred from Bailing & Recycling Facility $ $ See8ccompanymgno~~ ·41 - o '- L. ... t, r ÍIIII L. North County Utilities Business-type Activities Nonmajor Enterprise Funds Governmental Activities Total Internal Service Funds ( ... i~ ; .. $ 1,386.243 ~ $ (5,055,481 ) $ (1,752,904) $ 5,338,822 751,356 976,184 4,115,905 2,860 1,289,660 252,792 342,552 651,552 (41,432) (1,413,994) (204,997) (905) (17,270) (390,002) 67,603 (56.382) 249,265 (4.306) (4,306) 489,003 (132,488) 13,885 (114,064) 86 (29,353) 607,310 809,506 (90) 7,857 61,943 76,926 9,259 1,032 36.242 1,400 1.400 $ 1,842,099 $ (2,995,477) $ 5,036,265 $ 4,428,582 L .. .. , .. ¡. $ $ $ $ 466,740 $ (466,740) $ 466,740 $ $ ~. ... I. ~ .. ... .. ... -42 - .. ì. (; f .. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30,2006 ... NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued ill B. Measurement Focus and Bases of Accounting - Continued L. 2. Fund Financial Statements - Continued Governmental Funds - Continued .. other financing uses) in net current assets. Accordingly, they are said to present a summary of sources and uses of "available spendable resources" during a period. v' .. The non-current portion of long-term receivables (special assessments) due to governmental funds are reported on their balance sheets because of their spending measurement focus. The non-current portions of other long-term receivables are offset by fund balance reserve accounts. Because of their spending measurement focus, expenditure recognition for governmental fund types excludes amounts represented by non-current liabilities. Since they do not affect net current assets, such long-term amounts are not recognized as governmental fund type expenditures or fund liabilities. ~ .. .. L. Amounts expended to acquire capital assets are recorded as expenditures in the year that resources are expended, rather than as fund assets. The proceeds of long-term debt are recorded as an lother financing source" rather than as a fund liability. Debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment Is due. ~ .. L. Proprietary Funds The County's enterprise funds and Internal Service Fund are proprietary funds. In the fund financial statements, proprietary funds are presented using the accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when the related goods or services are delivered. In the fund financial statements, proprietary funds are presented using the economic resources measurement focus. This means that all assets and all liabilities (whether current or non..current) associated with their activity are Included on their balance sheets. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) In total net assets. For enterprise funds, the County applies all GASS pronouncements as well as all FASB Statements and Interpretations, APB Opinions and Accounting Research Bulletins, Issued on or before November 3D, 1989, which do not conflict with, or contradict GASS pronouncements. í a. ~ ¡: ÌIIt .. ... Proprietary fund operating revenues, such as charges for services, and operating expenses, such as salaries, supplies, and contracted services, result from exchange transactions associated with the principal activity of the fund. Exchange transactions are those in which each party receives and gives up essentially equal values. Non-operating revenues, such as ... ÌIIt M 48- ÌIIt ÍIIIJ i % ÌIIIr St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2006 ÍIII NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued .. B. Measurement Focus and Bases of Accounting - Continued 2. Fund Financial Statements - Continued ~ .. L. Proprietary Funds - Continued subsidies, taxes, and investment earnings, and non-operating expenses, such as Interest expense, loss on sale of assets, and arbitrage expense, result from nonexchange transactions or ancillary activities. Amounts paid to acquire capital assets are recorded in the fund as assets in the fund financial statements, rather than as expenditures. Proceeds of long-term debt are recorded as a liability in the fund financial statements, rather than as an ·other financing source". ~ £'i t .. ... C. Basis of Presentation .. Amounts paid to reduce long-term indebtedness are reported as a reduction of the related liability, rather than as an expense. GASS Statement 34 sets forth minimum criteria (percentage of the assets, liabilities, revenues, or expenditures/expenses of either fund category and the governmental and proprietary combined) for the determination of major funds. The County has elected to use the GASB 34 minimum criteria for major funds determination. In addition, the County chose to disclose the Mosquito Control as a major fund. This fund is displayed for specific community focus. The nonmajor funds are combined in a column in the fund financial statements and detailed in the combining sectIon. 1. Governmental Major Funds: General Fund - The General Fund is the general operating fund of the County. It is used to account for all financial activity not accounted for in another fund. .. ... I .. .. .. Transportation Trust Fund - The Transportation Trust Fund accounts for the operations of the road and bridge and engineering departments. Financing is provided primarily by gas taxes. Fine and Forfeiture Fund - The Fine and Forfeiture Fund accounts for law enforcement related projects funded by the proceeds from confiscated property, forfeitures, fines, and ad valorem taxes. .. \~ .. MOSQuito Control Fund - The Mosquito Control Fund accounts for the operations of the Mosquito Control District, which are funded by ad valorem taxes. ... 2. Proprietary Major Funds: Bailina & Recvclina Facility Fund - The Bailing & Recycling Facility Fund provides funding to operate the County's landfills, a recycling division, and the hazardous waste division. In addition, estimated costs of closure and long-term care of the landfill operations are included in this fund. .. -49 ~ ... E '- \ I. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 3D, 2006 .. NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued .. C. Basis of Presentation - Continued l ~:' III. 2. Proprietary Major Funds - Continued South Hutchinson Utilities Fund - The South Hutchinson Utilities Fund accounts for the operation of a wastewater treatment plant for certain residents on South Hutchinson Island. North Countv Utilities Fund - The North County Utilities Fund (formally known as Holiday Pines Utilities Fund) accounts for the operation of a water and sewer facility for certain residents in the northern section of the county. ~o L. t .. .. 3. Other Fund Types: Internal Service Fund - The Internal Service Fund accounts for the payment of county-wide insurance. Funding Is provided by user charges to the Board and the various Constitutional Officers (except the Sheriff). Aaencv Funds - The Agency Funds are used to account for the collection and disbursement of monies by the County on behalf of other governments and individuals; such as Constitutional Officer investments, impact fees, public law library funds, certain sales tax revenues, various Municipal Service Benefit Units (MSBU), cash bonds, traffic fines, motor vehicle fees, ad valorem taxes, delinquent taxes, and process serving within the County. .. * I ... .. 4. Non-current Governmental Assets/Liabilities GASS Statement 34 requires non-current governmental assets (such as land, buildings, improvements) and non-current governmental liabilities (such as general obligation bonds and capital leases) to be reported in the governmental activities column in the government-wide Statement of Net Assets. ... D. Assets, Liabilities, and Net Assets or Equity '- ... 1. Cash and Investments The County maintains cash and investment pools. Earnings from the pooled investments are allocated to the respective funds based on applicable cash participation by each fund. The investment pool is managed such that all participating funds have the ability to deposit and withdraw cash as if they were demand deposit accounts. Therefore, all balances representing participants' equity in the investment pool are classified as cash and investments for financial statement purposes. For the statement of cash flows, we consider cash and cash equivalents to include money market funds, the Local Government Surplus Funds Trust Fund (Florida State Board of Administration), and the Florida Local Government Investment Trust Fund. .. \f: ... .. .. 'Þ - 50- .. ~ 'ji 7 .. St. Lucie County, Florida Notes to Financial statements (continued) Year Ended September 30, 2006 .. NOTE 5 - CAPITAL ASSETS - Continued .. Depreciation was charged to the following functions: t t. Business- TVDe Activities: Bailing & Recycling Facility Water and Sewer Golf Course Sports Complex Building and Zoning Total Business-Type Activities Depreciation Expense $ 1,584,598 1,552,021 457,871 352,116 160,258 $ 4,106.864 ~ a.. ... .. ... .. .1 ... II. ~ ';C ... .. III ... ... .. - 64- .. ¡ II. ~ III .. .. '( .. ~ .. * ó III! ¡... ¡ ::] C<O :P 0 co ClS8N :g-ó o.!(t) -CL- lJ.Q)! ~EE cQ)Q) ::]1;:_ o~o. () "" Q) Q)ãiCl) 'õ'õ 'C ::JcQ) ....Jas'C cC ~'-W V) LL L- .am æ>- õ z 1. &. 0..- .. ÍII .. 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I o O~ fitf6 .... .... fIT fIT .....<00001.0 (")00001'-1'- 1.0..........,.1'-0) ~ètÑg~ I.O~ MM LriÑ 05 fIT fIT ~ ~ 'ü Cl)f!:!~~ 8 ::J C) 'CI) CI) t: 0 C).Q .- 0. .E oS Iß () , ~CI)B'C Õ & 0 ¡ !ã!§fi:g-¡¡; c C~c~~ CIS CIS ,.. ...J....J "" .. L. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2006 k .. NOTE 7 - INTERFUND BALANCES 0; ~: ... Interfund balances at September 30, 2006, consisted of the following: " L. Inteñund Inteñund Receivables Payables Governmental Funds: General Fund $ 4,933,311 $ 1 ,982,296 Transportation Trust 95,366 3,343,275 Fine and Forfeiture 738,462 354,063 Mosquito Control 46,823 39,274 Other Governmental Funds 431,636 1,274,833 Total Governmental Funds 6,245,598 6,993,741 Proprietary Funds: Bailing & Recycling Facility 189,066 South Hutchinson Utilities 42,483 North County Utilities 38,328 Nonmajor Funds 609,182 Total Enterprise Funds 879,059 Internal Service Fund 1,627,202 Total Proprietary Funds 1,627,202 879,059 Totallnterfund Balances $ 7,872,800 $ 7.872,800 L '~ ... L t, ... L. ~. ~ ... ... Amounts due to the General Fund include general and administrative charges and various reimbursements. All balances are expected to be paid within 60 days after year end. " ì .. L. ... L. 1. j ¡ I. k .. - 66- .. ill , St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2006 .... NOTE 9 - RECEIVABLE, PAYABLE, AND ADVANCE BALANCES ... A. Accounts Receivable }; g .. .. Accounts receivable at September 30,2006, were as follows: tilt Governmental Funds: General Fund Transportation Trust Fund Fine and Forfeiture Fund Other governmental funds Total Governmental Funds Customer $ 155,254 850 76,491 116,905 $ 349,500 ... .. Proprietary Funds: Bailing & Recycling Facility Fund South Hutchinson Utilities Fund North County Utilities Fund Nonmajor enterprise funds Total Enterprise Funds ... Internal Service Fund Total Proprietary Funds $ 1,063,288 27,796 350,176 1,318 1,442,578 45,408 $ 1,487,986 .. .. B. Notes Receivable Franchise $ 899,400 $ 899,400 $ $ Notes receivable at September 30, 2006, were as follows: ill Governmental Funds: General Fund - Howard computer capital lease program Communication System I&S Fund - 800MHz public safety communication system Total governmental funds .. .. Miscellaneous $ 38,127 $ 38,127 $ $ Total Accounts Receivable $ 193,381 850 76,491 1,016,305 $ 1,287,027 $ 1,063,288 27,796 350,176 1,318 1,442,578 45,408 $ 1,487,986 $ 25.587 1,392,571 $ 1,418,158 The Communication System I&S Fund reflects unearned revenue in the amount of $1,392,571 for the notes receivable balance. lit t III . .. .. - 68- .. ... \ .. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 3D, 2006 .. NOTE 9 - RECEIVABLE, PAYABLE, AND ADVANCE BALANCES - Continued ÍIIa C. Special Assessments Receivable L. Special assessments receivable at September 3D, 2006 were as follows: .... General Fund - special lighting district Capital Projects I & S Fund River Branch I & S Fund Total $ 5,053 541,099 104,542 $ 650,694 ¡. The Capital Projects and River Branch I & S Funds are also reflected as unearned revenue. D, Payables Payables at September 30, 2006, were as follows: Accounts Payable Accrued LIabilities Accrued Total Salaries Total Accounts And Interest Accrued Vendors Retalnage Payable Benefits Payable Liabilities Governmental Funds: General Fund $ 3,846,652 $ 88,299 $ 3,934,951 $ 1,480,504 $ $ 1,480.604 Transportation Trust Fund 2.503,708 1.565,730 4,069,438 162,337 162,337 Fine and Forfeiture Fund 748,215 748.215 151,103 151,103 Mosquito Control Fund 289,846 289,846 47,791 47,791 Other Governmental Funds 6,807,919 1,582,799 7,390,718 168,274 123,751 292,025 Total Governmental Funds $ 13,196,340 $ 3,236,828 $ 16,433,168 $ 2,010,009 $ 123,751 $ 2,133,760 Accounts Payable Accrued Liabilities Accrued Total Salarle. Total Accounts And Interest Accrued Vendors Retalnage Payable Benefits Payable Liabilities Pronrletarv Funds: Bailing & Recycling Faclnty Fund $ 1,428,125 $ 10Q,327 $ 1 ,528,452 $ 73,521 $ $ 73,521 South Hutchinson Utilities Fund 147,185 24,957 172,142 2,849 2,849 North County Utilities Fund 582,774 180,119 762,893 14,523 14,523 Nonma}or Enterprise Funds 160.211 57,699 217,910 140.590 140,590 Total Enterprise Funds 2.318,295 363,102 2,681,397 231,483 231,483 Internal Service Fund 615,293 615,293 7,218 7,218 Total Proprietary Funds $ 2.933,688 $ 363,102 $ 3,296,690 $ 238,701 $ $ 238,701 ~ , .. 1\ '- & .. ... ~ ~ f .. .. ~ .. ~; .. i.. - 69- L L l L L L l L L l l L l L L L l L L St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2006 NOTE 9 - RECEIVABLE, PAYABLE, AND ADVANCE BALANCES - Continued E. Deposits Payable Deposits payable at September 30, 2006, were as follows: Rental Vendor Customer Total Deposits Deposits Deposits Deposits Governmental Funds: General Fund $87,827 $2,515 $ $90,341 Nonmajor Governmental Funds 33,391 33,391 Total Governmental Funds $87,827 $35,906 $ $123,732 Rental Vendor Customer Total Deposits Deposits Deposits Deposits Proprietary Funds: Bailing & Recycling Facility Fund $ $ 340,770 $ $ 340,770 South Hutchinson Utilities Fund 4,150 4,150 North County Utilities Fund 130,230 130,230 Nonmajor Enterprise Funds 1,500 9,432 10,932 Total Proprietary Funds $ 1,500 $ 350,202 $134,380 $ 486,082 Rental Vendor Customer Total Deposits Deposits Deposits Deposits Agency Funds: Law Library $ $ $ 2,257 $ 2,257 Developer's Deposits 128,856 128,856 Total Agency Funds $ $ $131,113 $ 131,113 F. Claims Payable Claims payable in the amount of $2,265,458 represents health insurance claims Incurred but not yet reported at year end in the Internal Service Fund. -70 - .. 1£ § St. Lucie County, Florida .. Notes to Financial Statements (continued) Year Ended September 30. 2006 ... NOTE 10 - LONG-TERM LIABILITIES - Continued ... B. Schedule of Outstanding Debt - Continued Amount Amount Interest .. PUrpOH of Issue Issued Outstanding Rates Sceelal Assessment Bonds: Series 1996 Becker road Improvements 1,860,000 300,000 5.70%-6.50% '. Series 2oo2B River branch estates MSBU 127,000 109,922 5.60%-6.50% Total Special Assessment Bonds 409,922 ... Caollal Leases: Series 2004 Howard computers lease #4 626,540 159,052 2.47% i. Bell South Equipment Lease Bell South Equipment 565,121 248,198 2.47% Total Capital Leases 407.260 J, Total Outstanding Debt - Governmental Activities $ 129,837,411 .. Amount Amount Interest ~; I- Purpose of Issue Issued Outstanding Rates Buslness-type Activities: Revenue Bonds: ... Holiday Pines Water and Wastewater System Acquiring plant and 5,840,000 5,230,000 3.40%-5.50% Revenue Bonds, Series 1999 plant expansion North County UtIlities Water and sewer 7,622,500 7,622,500 4.38% II. Improvement Rev Note, Series 2004 expansion North County Utilities Water and sewer 2,377,500 2,377,500 4.38% .. Improvement Rev Note, Series 2004 Expansion North Hutchinson Island Water and Sewer Refunding 1992 bonds 5,560,000 4,550,000 3.65%-5,70% Revenue Refunding Bonds, Series 1997 II. North Hutchinson Island Water and Sewer Plant expansion 1,710,000 1,560,000 3.00%-5.00% If, Revenue Bonds, Series 2002 .. Solid Waste System Revenue Refunding Refunding 1993 bonds 5,030,000 1,965,000 2.00%-3.125% Bonds, Series 2002 .. Total Revenue Bonds 23,190,000 Total Outstanding Debt - Business-type Activities $ 23,190,000 .. ... \" .. ~ 74- i.. ~ .. St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30,2006 t:- ... NOTE 10 - LONG-TERM LIABILITIES - Continued ... C. Debt Service Requirements - Continued , .. The following schedule shows debt service requirements to maturity for the County's Proprietary Funds obligations: FIscal Solid Waste Water and Sewer Year Revenue Bonds Revenue Bonds Total Principal Interest Principal Interest Principal Interest 2007 $ 815,000 $ 58,275 $ 345,000 $ 995,509 $ 1,160,000 $ 1,053,784 2008 845,000 33,825 360,000 979.742 1,205,000 1,013,567 2009 305,000 9,531 10,380,000 962,904 10,685,000 972,435 2010 395,000 543,019 395,000 543,019 2011 415,000 523,584 415,000 523,584 2012-2016 2,440,000 2,274,963 2,440,000 2.274,963 2017-2021 3,155,000 1,565,204 3,155,000 1,565,204 2022-2026 2,205,000 792,394 2,205,000 792,394 2027-2031 1,530,000 262,681 1,530,000 262,681 Total $ 1,965,000 $ 101,631 $ 21.225.000 $ 8,900,000 $ 23,190,000 $ 9,001 ,631 \ '- þ ... ~ -. ì, .. D. Bond Covenants I.. The Solid Waste System Revenue Refunding Bonds. Series 2002, requires the landfill to deposit monthly into the sinking fund; one-sixth of the interest becoming due on the next interest date, one-twelfth of the principal becoming due on the next principal maturity date, and one- twelfth of the maturity amount of compounding interest becoming due on the next principal maturity date, plus one-twelfth of the amortization for any term bonds becoming due in the current year. .. (( if .. .. The County has covenanted on the above bonds to establish and maintain rates that will provide for 115 percent of the debt service requirement and 100 percent of the operating expenses and the reserve account credit facility costs, if any, during the year. On October 1. 2005, 81. Lucie County combined and consolidated the North Hutchinson Island Water and Sewer System and the Holiday Pines Water and Wastewater System by resolution 05-120. Subsequent to the consolidation. the funds and accounts established pursuant to the Holiday Pines Bonds Resolution shall be combined and consolidated with the corresponding funds and accounts established pursuant to the North Hutchinson Bonds Resolution, and shall thereafter consist of one set of funds and accounts. Ì' .. .. !J.; .. III. f .. -76 - ... t .. St. Lucie County I Florida Notes to Financial Statements (continued) Year Ended September 30, 2006 .. NOTE 10 - LONG-TERM LIABILITIES - Continued ¡- .. D. Bond Covenants - Continued '- The Bonds require that money in the revenue fund be applied on a monthly basis; first to pay operating expenses. and next to deposit Into the sinking fund one-sixth of the interest and one- twelfth of the principal accruing on the next payment dates. The County shall maintain separate subaccounts in the reserve accounts for the beneFit of the Holiday Pines Bonds and the North Hutchinson Bonds. The reserve accounts must be maintained at their reserve account requirements. Money must next be deposited into the renewal and replacement fund equal to one-twelfth of the renewal and replacement requirement. Unrestored withdrawals must be paid into the renewal and replacement fund. E. Summary of Defeased Debt Outstanding In prior years, the County has defeased certain debt, the proceeds of which were placed in an irrevocable trust to provide for all future debt service payments on the defeased bonds. As such, the trust assets and related liability are not included In the accompanying financial statements. í ... ~ f ... it. Following is a schedule of defeased debt at September 30, 2006: La Utility Series 1990 Utility Series 1993 Sales Tax Refunding, Series 1994 800MHz Refunding, Series 2000A Total defeased debt $ 14,345.000 40,255.000 32.510,000 5.540,000 $ 92,650,000 .. f:, .. t '- , .. ? .. L L. .. -77 - .. i.. ... ~ .. i i.. ~, it; .. l ... I f'" .. ~ l- I. I' I. L ~ l ie' I' III .. t:' .. ... st. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30, 2006 NOTE 14 - CONDUIT DEBT - Continued The County, the state, and any political subdivision thereof is not obligated in any manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in the accompanying financial statements. As of September 30, 2006, there were 5 series of Industrial Revenue Bonds outstanding. The aggregate principal amount payable for these series as of September 30, 2006, was $329,807,778. The St. Lucie County Housing Finance Authority has participated with other authorities on nine Housing Finance Authority bonds. The County's participation in these nine issues totaled $209.115,000. The Reserve Community Development District outstanding conduit debt totaled $5,660,000. NOTE 15 - FUND EQUITY A. Restricted Net Assets The County has established certain restrictions within the net assets section of the proprietary funds. Restricted net assets at September 30, 2006, consist of the following: 401 451 471 Balling and South North Total Recycling Hutchinson County Restricted Facility Utilities Utilities Net Assets Restricted for: Debt service $ $ $ 551,065 $ 551,065 Renewal and replacement 137,981 65,846 203,827 Capital projects 2,594,824 2,594,824 Landfill postclosure 261.981 261,981 Total restricted net assets $ 261,981 $ 137,981 $ 3,211,735 $ 3,611,697 - 82- .. I ... St. Lucie County, Florida Notes to Financial Statements (continued) Year Ended September 30,2006 i II. NOTE 17 - NET ASSET RESTATEMENT· Continued Business Activities The restatement of beginning equity for nonmajor enterprise funds as of October 1, 2005 resulted from the following adjustments: Balance October 1, 2005, as previously reported: Major Net Assets $ 58,856,832 Nonmajor Net Assets $ 15,893,702 Increase resulting from fund consolidation - North County Utilities Funds: North Hutchinson Utilities Fund H.E.W. Utilities Fund Airport Utilities Fund 4,091,842 142,200 1,426,632 Decrease resulting from fund consolidation from Major to Major Funds: North Hutchinson Utilities Fund (4,091,842) Decrease resulting from reclass from fund consolidation - Nonmajor to Major Funds: H.E.W. Utilities Fund Airport Utilities Fund Beginning Balance October 1, 2005, as restated $ 60,425,664 (142,200) (1,426,632) $ 14,324,870 NOTE 18 - RISK MANAGEMENT General Liability, Property and Worker's Compensation The County is exposed to various risks of loss related to torts, theft of, damage to and destruction of assets, errors or omissions, injuries to employees, and natural disasters. The County and other Constitutional Officers (other than the Sheriff) comprising the primary government, participate in a public entity risk pool for the purpose of obtaining various insurance coverage other than health and life insurance. Other members of the pool consist of two municipalities and a county. The pool was created by an interlocal agreement under the provisions of Section 163.01, Florida Statutes. The governing Board of Directors of the pool, which is comprised of representatives of each of the members, has the authority to contract for claims servicing and risk management and - 85- OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-40 TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: South Causeway Park DATE: April 24, 2007 On March 13, 2007, the Board approved Resolution 07-085 to establish the grant budget of $258,300 from the Florida Inland Navigation District. Due to a scrivener error the grant was assigned fund number 31 0206. The correct fund number is 310806. The Fort Pierce Redevelopment Agency approved $220,682 towards the South Causeway Park project. $129,150 of this will be a 25% matching share to the grant. Resolution 07-162 is to establish the budget of $220,682 in Parks Impact Fees from the Fort Pierce Redevelopment Agency. Staff recommends that the Board of County Commissioners approve resolution 07-161 to change the fund number from 310206 to 310806 and resolution 07-162 to establish the budget from the Ft. Pierce Redevelopment Agency for Fiscal Year 2007. RESOLUTION NO. 07-161 WHEREAS, the S1. Lucie County Board of County Commissioners has made the following determinations: 1, On March 13th, 2007, the S1. Lucie County Board of County Commissioners adopted Resolution Number 07-085 to recognize unanticipated revenue in the amount of $258,300 that would be recognized in Fiscal Year 2006-2007 Budget from Florida Inland Navigation District for the South Causeway Park Shoreline Restoration. 2. Due to a scrivener error in assigning the fund number, it is necessary to amend Resolution Number 07-085 and change the fund number from 310206 to 310806. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 24th day of April, 2007, pursuant to Section 129.06 (d), Florida Statutes, that: Resolution Number 07-085 is hereby amended as follows: REVENUE 310206-7210-337710-7610 310806-7210-337710-7610 Florida Inland Navigational District Florida Inland Navigational District ($258,300) $258,300 APPROPRIATIONS 310206-7210-563000-7610 310806-7210-563000-7610 Improvements OfT Buildings Improvements OfT Buildings ($258,300) $258,300 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson Commissioner Joseph E. Smith, Vice Chairperson Commissioner Doug Coward Commissioner Paula Lewis Commissioner Charles Grande xxx XXX XXX .XXX XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF APRIL, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY RESOLUTION NO. 07-162 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a contribution from the Fort Pierce Redevelopment Agency in the amount of $220,682 for the South Causeway Park. 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 S1. Lucie County, Florida, in meeting assembled this 24th day of April, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 310002-7210-337930-7610 City of F1. Pierce $220,682 APPROPRIATIONS 310002-7210-563000-7610 Infrastructure $220,682 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Joseph E. Smith, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF APRIL, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. C15 DATE: 4/24/07 REGULAR I ] PUBUC HEARING I ] CONSENT IX] TO: BOARD OF COUNTY COMMISSIONERS Vanessa Bessey, Director SUBMITTED BY: Environmental Resources SUBJECT: Approval of the Agreement to provide certain volunteer services at Paleo Hammock and Pinelands Preserves. BACKGROUND: The "Volunteer in the Preserve" (VIP) program provides volunteer staffing for the Environmental Lands Program in exchange for the opportunity to temporarily reside on the sites, providing their own Recreational Vehicle. VIP's provide 20 hours of service each week such as opening and closing gates, patrolling and exotic removal. The County will provide utilities, estimated at approximately S50.00/month. FUNDS AVAILABLE: 001-3920-543000-300 Environmental Resources General Fund- Utilities PREVIOUS ACTION: The Board of County Commissioners approved the "Volunteer in the Preserve" program/standard agreement on October 22, 2002. RECOMMENDATION: Staff recommends that the Agreement be executed to enable the "Volunteer in the Preserve" at Paleo Hammock to commence. COMMISSION ACTION: IA APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: ./i" County Attorney: ..,., Management & Budget: Originating Dept: \J"t Public Works: Finance: (Check for Copy only, if applicable) Coordination/Sianatures Purchasing: Other: ERD: ~ AGREEMENT (lg (ZOO; THIS AGREEMENT is dated this Æ day of rl , J.e-_, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, located at¡2300 V~gVJ.ia Avenue, Fort Pierce, Florida, hereinafter referred to as "County" and ~It_ /)..4tJ/:1 , located at hereinafter referre to as "Contractor". WHEREAS, the County owns the property located at _p ~ ; and, WHEREAS, the County desires responsible persons reside on various County properties, with the County to provide and pay for certain utilities in connection therewith in return for the Contractor assisting the County in protection of the County's property. NOW, THEREFO~E, in consideration of the mutual considerations and benefits accordin"g to the County and the Contractor, the parties agree as follows: 1. County does hereby agree to allow the Contractor to use a designated area on which to place a recreational vehicle, as identified in the attached Exhibit "A" hereinafter referred to as the "Property", together with reasonable grounds for the usual needs of the Contractor on a month to month basis from (\'\c.u., "2-0.? to N 0 V. "¿,.Þ 0 7. , 2. County agrees to provide utility service, including garbage to the Contractor, if regularly scheduled garbage service is provided by the County to the Property. If regular garbage service is not provided to the Property, the Contractor shall provide for his own garbage disposal. 3. The Contractor agrees to: a. provide telephone service; b. reside in the recreational vehicle (RV) and advise the Environmental Lands Specialist of the normal hours that the Contractor will occupy the RV, and advise of any expected absence which deviates significantly from the normal routine; c. to act as the County liaison and respond to all emergency and non- emergency needs as requested; d. notify, where appropriate, the Environmental Lands Specialist and/or Sheriff's Department of any unusual activity on the property including but not limited to wildfire, lost hikers, poaching, suspected trespass and vandalism; g:\atty\agreemnt\preserve e. maintain the RV and grounds in good repair and appearance; f. maintain insurance coverage for any property owned by the Contractor and be financially responsible for any damage to the recreational vehicle or any property therein for damages, excluding normal wear and tear; g. provide a minimum of 20 hours of work per week as indicated below. 4. The Contractor shall be responsible for maintenance of the Property with his/her duties to specifically include but not limited to: i. j. a. Inspect all buildings on the Property at least once a day. b. Collect any appropriate fees. Open and close all entrance gates for the property including (J,,.s c. t'" ...,J.p S daily. Gates are to be opened at sunrise and closed at sunset. c. d. Clean all campsites and restrooms on a weekly basis. e. Check, on campers. f. Inspect for signs of damage or vandalism, and report any found to be Environmental Lands Specialist and/or the Sheriff's Department. g. Report any unauthorized use in the area to the above persons. h. Maintain an activity log of inspection tours, noting the dates and time the property is checked, problems encountered, safety hazards, abnormal activity, discrepancies and unusual circumstances, together with corrective action taken, or person notified. The log shall be submitted to the Environmental Lands Specialist, on a monthly basis. Take all lawful steps to protect the Property from burglary, malicious mischief, unlawful trespass and vandalism, and prevent injuries and unlawful acts. Perform any miscellaneous managerial duties as defined by the Environmental Lands Specialist. 4. The Contractor warrants to the County that he is a responsible and law abiding person and that he is not under any legal disability or criminal prosecution. The Contractor further covenants and agrees that he will use the aforesaid utilities being furnished to him only for his actual housekeeping needs and will keep the Property and his recreational vehicle in a neat appearing and sanitary condition. Contractor will not let or sublet or sub-lease the g:\atty\agreemnt\preserve 2 Property or recreational vehicle to any person or persons whomsoever. Any sub-renting and subleasing shall constitute a breach of this Agreement. 5. This Agreement may be automatically renewed· at sole option of the County on the basis of month-to-month with the first day of each month being the day of the month of the date hereof. Either party may terminate this Agreement, with or without cause, with seven (7) days prior written notice. Contractor further covenants and agrees that he will upon written notice terminating this Agreement, vacate the Property and remove his property from the Property or parking place and will leave the site clean. If the Contractor fails to vacate the Property and it becomes necessary for the County to institute a legal proceeding against the Contractor, the prevailing party shall pay reasonable attorney fees and the costs of such suit at legal proceeding. 6. The Contractor agrees that no person shall reside on the premises, other than those members of his immediate family. The contractor further agrees to be responsible for all pets both inside and outside, and agrees and understands that the pets are limited to "2 O~ ~~ 7. As a consideration for allowing the Contractor to use the Property, the Contractor agrees to indemnify and hold the County, its agents and employees, harmless for all claims for damages and for any claims that may e made against it or them, by any member of his family or his guests for any damages whatsoever. 8. No amendment or claimed amendment hereto, either verbal or written shall be binding upon the County unless the same has been formally executed in behalf of the County by its Director or Leisure Services of St. Lucie County, Florida, and the Contractor. 9. Notice. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 St. Lucie County Environmental Lands Specialist 2300 Virginia Avenue Fort Pierce, Florida 34982 g:\atty\agreemnt\preserve 3 As To Tenant: or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 10. Mediation. In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator fo~ 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. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney TENANT g:\atty\agreemnt\preserve 4 04/20/07 ST. LUCIE COUNTY - BOARD PAGE 1 F7.ABWARR WARRAN'l' LIST #29- 14-APR-2007 TO 20-APR-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 31,061.47 39,756.74 GRAND TOTAL: 31,061. 47 39,756.74 04/13/07 ST. LUCIE COUNTY - BOARD PAGE 1 'Ji'17~WARR WARRANT LIST #28- 07-APR-2007 TO 13-APR-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 82,443.49 0.00 GRAND TOTAL: 82,443.49 0.00 MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 10, 2007 Convened: 12:50 p.m. Adjourned: 12:51 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Chris Craft, Joseph Smith, Doug Coward, Charles Grande Others Present: Doug Anderson, County Attorney, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Jim David, Mosquito Control Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Smith, to approve the minutes of the meeting held March 27,2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 26 and 27. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 04/20/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #29- 14-APR-2007 TO 20-APR-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 9,777.69 4,713.60 GRAND TOTAL: 9,777.69 4,713.60 1 04/13/07 ST. LUCIE COUNTY - BOARD PAGE F'7.ABWARR WARRANT LIST #28- 07-APR-2007 TO 13-APR-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 8,659.28 0.00 GRAND TOTAL: 8,659.28 0.00 1 EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 10, 2007 Convened: 12:51 p.m. Adjourned: 12:52 p.m. Commissioners Present: Chainnan, Charles Grande, Paula A. Lewis, Doug Coward, Chris Craft, Joseph Smith Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Richard Bouchard, Erosion Manager, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held March 27, 2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 26 and 27. 2. PUBLIC WORKS A. Third Amendment to Grant Agreement No. 06SLl- The Board approved 1) the Third Amendment to Project Agreement 06-SLl with the Florida Department of Environmental Protection, contingent upon review and approval of the final agreement by the County Attorney, 2) Budget Resolution No. 07-008 and 3) Work Authorization No. 12 (C04-11-622) with Taylor Engineering Inc., ($350,770) retroactive to February 15, 2007 with signature of said documents by the Chainnan. B. Second Amendment- The Board approved 1) the second amendment to the South County planting contract (C06-04-268) with Coastal Growers, Inc. to include the installation of plants along the Sand Dollar Shores /Dune Walk project area while extending the planting date to December 15, 2007 and signature by the Chainnan and 2) to make final payment and release the remaining retainage ($6,336.43) to Coastal Growers, Inc., on the South County and Blind Creek dune planting project. C. Sand Collar shores/Dune Walk-Dune Restoration Project: - The Board approved the following actions with CKA & Associates, Inc.,/Patco Contractors, Inc., regarding Work Authorization No.1: 1) release of retain age and final payment in the amount of $28,932.59) 2) approved Change Order No.1, decreasing the final contract amount by $40.07 and decreasing the contract time by thirteen days and 3) signature of said Change Order by the Chairperson. D. Artificial Reef Grant Program- The board approved the acceptance of a $60,000 grant award from the Florida Fish and Wildlife Conservation Commission for artificial reef construction and approved 1) the attached grant agreement with FWC along with Budget Resolution No. 07-0092) Work Authorization No. 04 (C05-06-330) with McCulley Marine Services in the amount of$51,000 3) approved Work Authorization No.7 (C05-1l-6l9) with Lee Harris P,E. PhD in the amount of$14,395 and execution of said documents by the Chairperson. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 2 t AGENDA REQUEST ITEM NO. C-2A Date: April 24, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 PRESENTED BY: ~~ Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Artificial Reef Grant Program: Enter into Work Authorization No. 08 (C-05-11-619) with Lee E. Harris, P.E., PhD, in the amount of $9,790, to perform monitoring and assessment of the County's artificial reef sites deployed in May of 2006. BACKGROUND: The St. Lucie County Artificial Reef Program deployed 5 artificial reefs in the summer of 2006. These reefs are required to be monitored annually for 2 years as part of the U.S. Army Corps of Engineer's artificial reef permit No. SAJ-2004-1769. The attached work authorization with Mr. Lee E. Harris, P.E., PhD, incorporates a scope of work to meet the monitoring requirements depicted within this permit. FUNDS: Funds ($9,790.00) will be made available in Account #184-3710-563005-39003: Erosion District - Artificial Reefs. PREVIOUS ACTION: November 22, 2005: Board approved the selection of Mr. Lee E. Harris as artificial reef consultant May 4, 6, 9, 11, and 15, 2006: Various artificial reef deployments for St. Lucie County. RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization No. 08 (C-05-11-619) with Lee E. Harris, P.E., PhD, in the amount of $9,790.00, and execution of said agreement by the Chairperson. COMMISSION ACTION: CONCURRENCE: [>i APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x¡County Attorney ~/ [x¡Originating Dept. Public works~' [x¡Executive Assistant bP5.~ [ ¡FinanceDept. ./ "r C05-11-619 (WA #08) WORK AUTHORIZATION NO. 08 Professional Services Related to Artificial Reef Monitoring May, 2006 Deployments Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Mr. Lee E. Harris, P .E., PhD (the "Consultant") dated November 22, 2005 (the "Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth in the Consultant's "Scope of Services", uWork Compensation Sheet", and "Project Schedule" attached hereto and made a part thereof as Exhibits "A", "8", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "8" and the work shall be completed in accordance with Exhibit "C". The Consultant also agrees to abide by the conditions and requirements of U.S. Army Corps of Engineer's Permit No. SAJ-2004-1769. IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY MR. LEE E. HARRIS, P .E., PhD BY: WITNESSES: Print Name: Title: Date: H:/MSWORD/MISCfLHARRIS, WAOS .i- LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 321/795-1126 310 Ormond Ave. Indialantic, FL 32903 Email: Lharris@flt.edu "Exhibit A" Scope of Work March 23,2007 Jim Oppenborn S1. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: ST lUCIE COUNTY ARTIFICIAL REEFS - 2007 Annual Monitoring Proposal for Performing the Required Annual Monitoring for the 2006 Deployments in St. Lucie County, FL This letter is to provide you with a proposal and cost estimate for our work for S1. Lucie County for performing the 2007 annual monitoring. This proposal consists of the following items: 1. Scope of Work (Exhibit A), 2. Cost (Exhibit B), and 3. Schedule (Exhibit C). h f: d' M 2006 b d . d' h bl b I T e new ree s constructe m ay to e momtore are summanze mt eta e eow: Deploy Date Name Latitude. N Longitude, W Depth Top Depth Materials (feet) (feet) 4-May-06 1. Dock piles 27° 26.402' 080009.601' 54 46 490 tons 6-May-06 2. Dock piles 270 26.633' 080010.107' 55 44 572 tons 9-May-06 3. Mixed materials 270 26.531' 080009.936' 57 50 515 tons II-May-06 4. Mixed materials 27026.750' 0800 10.208' 46 52 523 tons Monitoring will include locating the reefs, underwater surveys of reef dimensions and depths, roving diver fish census, benthic cover, and observations of reef units stability, settlement, and scour. To perform this work, we will spend 1 day for pre-project planning and field work preparation, 2 days of ship and diver work, and 3 days for preparation of report and photographs. Please contact me for any further information required. Sincerely, Lee E. Harris, Ph.D., P.E. Consulting Coastal & Oceanographic Engineer LHarris _ SLCAR _2007 Annual Monitoring.doc Page 1 of3 LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 321/795-1126 310 Ormond Ave. Indialantic, FL 32903 Email: Lharri5@fit.edu "Exhibit B" Costs March 23, 2007 Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia A venue Fort Pierce, FL 34982-5652 RE: ST LUCIE COUNTY ARTIFICIAL REEFS - 2007 Annual Monitoring Proposal for Performing the Required Annual Monitoring for the 2006 Deployments in St. Lucie County, FL Using the approved rate sheet, the following costs are proposed to perform the work for St. Lucie County to perform the annual monitoring of the 4 reef sites. Monitoring will include locating the reefs, underwater surveys of reef dimensions and depths, roving diver fish census, benthic cover, and observations of reef units stability, settlement, and scour. To perform this work, we will spend 1 day for pre-project planning and field work preparation, 2 days of ship and diver work, and 3 days for preparation of report and photographs. ST LUCIE COUNTY May 2007 Annual Monitoring Rate Time (hrs) Amount Office work: field work preparation Project manager 95 8 760.00 Technical personnel- 1 @ 45/hour 45 8 360.00 Subtotal $1 J 120.00 One Day Field Work Project manager 95 12 1140.00 Small Workboat with operator and fuel 75 12 900.00 Diver support - 1 additional diver per day 45 12 540.00 Diving & photographic equipment use 75/day 1 day 75.00 Subtotal $2,655.00 Total for 2 days $5,310.00 Office work: data analysis, photographs, & report DreDaration Project manager 95 24 2280.00 Technical personnel- 1 @ 45/hour 45 24 1080.00 Subtotal $3,360.00 TOTAL COST= $9,790.00 LHarris _ SLCAR _2007 Annual Monitoring.doc Page 2 of3 LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 321/795-1126 310 Ormond Ave. Indialantic, FL 32903 Email: Lharri0it.edu "Exhibit C" Schedule March 23,2007 Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: ST lUCIE COUNTY ARTIFICIAL REEFS - 2007 Annual Monitoring Proposal for Performing the Required Annual Monitoring for the 2006 Deployments in St. Lucie County, FL We will perform the field work during May and June 2007, one year after deployments were completed. Data analysis, photographs and report preparation will be performed thereafter, with the final report submitted by August 30, 2007. The following table represents the latest dates that the tasks will be completed. Task Estimated Completion Time Planning and preparation Completed prior to May I, 2007 Reef surveys Completed before June 30, 2007 Report Completed by August 30, 2007 LHarris_SLCAR_2007 Annual Monitoring.doc Page 3 of3 AGENDA REQUEST ITEM NO. C-2B DATE: April 24, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~ Richard A. Bouchard, P.E. Erosion District Manager TO: S1. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: Amendment NO.4 to Project Agreement No. 04SL 1 with the Florida Department of Environmental Protection (C04-01-013) extending the grant expiration date to December 31,2008. BACKGROUND: The Florida Beach Erosion Control Program (FBECP) is administered through FDEP and presently provides approximately $30 million annually to assist eligible local governments with their beach erosion control projects. This particular Project Agreement (Ft. Pierce Shore Protection Project --04SL 1) was approved by the Board on January 13, 2004 and allocated state funds of $974,000 for beach and coastal related activities along Ft. Pierce Beach. On March 9, 2004 the Board approved Amendment NO.1 to this agreement increasing the grant amount by $1.3 million for the non-federal costs of renourishing Fort Pierce Beach in the spring of 2004. On January 11, 2005 the Board approved Amendment NO.2 to this agreement increasing the grant amount by $1.66 million for coastal related activities associated with the Fort Pierce Beach project including the emergency renourishment in the spring of 2005. On May 23, 2006 the Board approved Amendment NO.3 to this agreement increasing the grant amount by $115,000 for work associated with beach & inlet monitoring and the General Re-evaluation Report (GRR). Amendment NO.4 provides for the extension of the grant expiration date to December 31, 2008 to allow for the completion of ongoing work. FUNDS: N/A PREVIOUS ACTION: January 13,2004: Board approved FDEP Project Agreement 04SL 1 in the amount of $974,000. March 9, 2004: Board approved Amendment NO.1 in the amount of $650,000. January 11, 2005: Board approved Amendment NO.2 in the amount of $831 ,000. May 23, 2006: Board approved Amendment NO.3 in the amount of $115,000. RECOMMENDATION: Staff recommends Erosion District Board 1) approval of Amendment No.4 to Project Agreement 04SL 1 (C04-01-013) with the Florida Department of Environmental Protection and the execution of said document by the Chairperson. COMMISSION ACTION: [~ APPROVED [ ] OTHER: Approved 5-0 CONCURRENCE: (x]Mgt. & Budget (x]Executive Assistant ß~ t1 (x]Finance Department (Grants) k¥'j [ ] DENIED (x]County Attorney [']0'"'''',, De,!. P,bli, wo"'~ · U¿ (x]Erosion District AMENDMENT No: 4 DEP AGREEMENT No: 04SLl FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR FT. PIERCE SHORE PROTECTION PROJECT TillS AGREEMENT as entered into on the 13th day of January, 2004, amended on the 10th day of March 2004, on the 11th day of January, 2005, and on the 23rd day of May, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the ST. LUCIE COUNTY EROSION DISTRICT, a local government, (hereinafter referred to as the "LOCAL SPONSOR"), is hereby amended as follows: · Paragraphs 2 and 11 are hereby revised to read as follows: 2. This Agreement shall begin on the last date executed and end on December 31, 2008. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after November 22, 2002, shall be eligible for cost sharing by the DEPARTMENT. 11. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment E (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.comlaadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment F-2 (Request For Payment, PARTS I - III), attached hereto and made a part hereof. These forms may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of Part III Project Progress Report must be completed and submitted. · All references to Attachment F-l is hereby deleted and replaced with references to Attachment F-2. · Attachment F-l is hereby deleted in its entirety. · Attachment F-2 as attached hereto is hereby added to the Agreement. DEP Aareement No 04~T.l A mp.ncimp.nt Nn 4 p!Uyp 1 nf''' IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY EROSION DISTRICT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title: *District Chair By: )1JJJJ,~4_J- Secretary or designee Date: Date: 4/1 S/tJ7 FEID No.59-6000835 ~..<> \b-\ Q~ 'tf-' DEP Grant Program Administrat APPROVED as to fonn and legality: c8 t' 4nJ:!--' DEP Attorney *If someone other than the District Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of AttachmentsÆxhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment F-2 Request For Payment (3 pages) DEP AŒeement No. 04SL 1. Amendment No_ 4_ P::Iue ? of., ATTACHMENT F-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT-PART I PAYMENT SUMMARY Name of Project: FT. PIERCE SHORE PROTECTION PROJECT Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 04SL I Billing ~umber: Billing Period: Billing Type: 0 Interim Billing o Final Billing Costs Incurred This Payment Request: Federal Share· State Share Local Share Total $ *if applicable Cost Summary: $ $ $ State Funds Obligated $ Local Funds Obligated $ Less Advance Pay $ Less Previous Credits $ Less Advance Pay $ Less Previous Payment $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage (10%) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. 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E GI ~ ~ n- .!! .IIC'C w CD ... ~ D ãi E a .e -5 j 31 'ë' I ë ~ ~ n- I .. GI 15 !- :ä :20 C E GI Q. ::I GI 'C ¡¡¡ CD ... 8 .. ... GI C GI a 'C .IIC -5 .I C CD ! kI E ~ 'C= C Õ 1: ,g ~ õ CD _ U CD !! C Õ ~ 1: ë GI ::I ë ¡¡¡ ::I CIa a I! ~ ::I .IIC -5 E a . · CD CD - E ! 'C GI :¡¡~ CD :ä -5 ::I ~ GI is . '2 b !II l C ë'-5 .. GI CD a n- ij : ~ ... ~ 1:: S ¡ 3! n-ë o ë c Ww i GI GI Õ .5 ~:t: Š .. f 1 ï J! . J c C c C n- - e e ! e e w :o 0 0 00 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT-PART III PROJECT PROGRESS REPORT Name of Project: FT. PIERCE SHORE PROTECTION PROJECT DEP Agreement Number: 04SLl Grantee: ST. LUCIE COUNTY EROSION DISTRICT Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 2.1 2004 Design and Pennitting 2.2 2005 Design and Pennitting 2.3 2006 GRR 3.0 CONSTRUCTION 3.1 2004 Construction 3.2 2005 Construction 4.0 MONITORING DEP Agreement No. 04SLl, Amendment No.4, Attachment F-2, Page 3 of3