HomeMy WebLinkAboutAgenda Packet Special Meeting 06-27-07
,une 27, 2007
..00 P.M.
SPECIAL MEETING
BOARD OF COUNTY COMMISSIONERS
AGENDA
WELCOME
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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 aSR 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 aSR 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 wor~shops.
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.
BOARD OF COUNTY
COMMISSIONERS
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Ch.is C.aft, Chal.man
'o.eph E. Smith, Vice Chai.man
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Paula A. Lewl.
Cha.le. G.ande
Dist.ict No.5
Dist.lct No. I
Dist.lct NO.2
Dist.ict No. I
Dist.lct No.4
,une 27, 2007
..00 P.M.
Invocation
Pled,e of Alleslance
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PUBLIC HEARINGS
I. COUNTY AnORNEV
Trauma Care Municipal Services Taxing Unit (MSTU) - Consider staff recommendation to approve Resolution
No. 07-093 if the County's electors approve the ballot question at the June 26, 2007 special election. If the
voters do not approve the ballot question, staff recommends that the Board not approve Resolution No. 07-
093.
END OF PUBLIC HEARINGS
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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) 462-1m or TDD (772) 462-1428
at least forty-eight (48) hours prior to the meeting.
AGENDA REQUEST
ITEM No.1
DATE: June 27, 2007
REGULAR []
PUBLIC HEARING [XX]
SPECIAL MEETING
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT):
County Attorney
Daniel S. McIntyre
SUBJECT: Trauma Care Municipal Services Taxing Unit (MSTU)
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMEND A TION: Staff recommends that the Board approve Resolution No. 07-093 if the
County's electors approve the ballot question at the June 26, 2007 special
election. If the voters do not approve the ballot question, staff
recommends that the Board not approve Resolution No. 07-093.
[')(I APPROVED [] DENIED
[ ] OTHER: Approved 5-0
Motion to deny.
ouglas Anderson
County Administrator
COMMISSION ACTION: NCE:
County Attorney:
~
Review and Approvals
Management & Budget
Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for copy only. if applicable)
Eff. 5/96
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
07-1005
DATE:
June 1, 2007
SUBJECT:
Trauma Care Municipal Services Taxing Unit (MSTU)
*************************************************************************************
BACKGROUND:
A special election is scheduled on Tuesday, June 26, 2007 for the County's electors to vote
on a ballot question to determine whether to create a Trauma Care Municipal Services Taxing Unit
(MSTU) and authorize the levy of an ad valorem tax not to exceed 1/4 mill per annum. A public
hearing has been scheduled for Wednesday, June 27, 2007 to consider Resolution No. 07-093
which, if adopted, would create a Trauma Care MSTU and authorize the levy of an ad valorem tax
not to exceed 1/4 mill per annum upon taxable real andpersonal property within the unit. Attached
to this memorandum is a copy of draft Resolution No. 07-093. There is specific language that
authorizes the Board to enter into an agreement with the Fire District to manage the funds
generated by the unit. As directed by the Board, the draft resolution is contingent upon the
approval by ordinance and interlocal agreement of the City of Fort Pierce, the City of Port St.
Lucie and the Town of St. Lucie Village on or before September 1, 2007. If anyone of these
entities fails to approve the ordinance and interlocal agreement, the resolution would terminate
and the unit would dissolve. The resolution also provides that the unit will dissolve ten (10) years
from October 1, 2007 unless a subsequent ballot question is approved by the County's electors.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve Resolution No. 07-093 if the County's electors
approve the ballot question at the June 26, 2007 special election. If the voters do not approve
the ballot question, staff recommends that the Board not approve Resolution No. 07-093.
DSM/ caf
Attachment
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;
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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.
12. On Tuesday, June 26, 2007, a majority of the County's electors who voted that
day approved a ballot question wh ich supported the creation of the Unit and the levy of an
ad valorem tax not to exceed 1/4 mill per annum.
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.
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"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:
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
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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:
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 ere 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;
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
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said resolution shall be in full force and effect and be valid as if such invalid portion thereof
had not been incorporated herein.
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 for a period of not less than ten (10)
years as required by Section 125.0l(1)(q), Florida Statutes. If any of the entities (City of
Fort Pierce, City of Port St. Lucie, Town of St. Lucie Village) fail to approve the ordinance
required by Section 125.01(1)(q) and an inter local agreement with the County by September
1, 2007, this Resolution shall terminate and the Unit shall dissolve. 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 27th day of June, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
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APPENDIX
The entire unincorporated and incorporated areas of the County
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