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Home My WebLink AboutAgenda Packet 09-23-03 ~ ....." Sfptember 23. 2003 9:00 AM ~Q3 ~œ·~~~ tn . ::. =< . ~"t . ðOR\Q~ BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING 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 ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed orior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (l) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS· These items are presented by an individual Commissioner or staff as necessary at the conclusion of the prInted agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. ~!EETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' ....." www.co.st-lucie.f!.us John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes ßOARD OF COUNTY COMMI5510NER5 September 23, 2003 9:00 A.M. (òðlNJY Q){ ~,d'ì\'\ District 1 District 2 District 3 District 4 ;;fî\ INVOCATION PLEDGE OF ALLEGIANCE 0 Music provided by ~ 0 Lawnwood Elementary School Chorus f"rth Gmd, a,~ "IM'- LI"d, Yo,,,-, J. ~/. 1. MINUTES !\1\!i ~ Approve the minutes of the meeting held September 16, 2003. \\\JV APprov~ the minutes of the ~~~~~:t Budget, reeting"held S~tember .11, 2003. PROC8.lli.~O~~~TATI'6"NS q ¿f i1CCl r Lfì.3 Ivt en (( kS 2. B. Resolution No. 03- 252 - Staff reco~~ds tha~ the Board adopt the resolution as drafted. f1-PprOJ «Y l.:5 -lJ I Presentation - The Board wishes to congratulate the participants of the 2003 Big Brothers Big Sisters Bowl for Kid's Sake Event A. Top Individual Fund Raiser: BOCC - Bill Zaroda, Road & Bridge - $3,424 Clerk - Nancy Allison - $3,355 Challenge Trophy - BOCC: The BOCC employees raised $6,047 to obtain the Fund Raising Trophy from the Clerk of Courts ($4,098) 4. CONSENT AGENDA (us (2-A\~"-- (!./Atf C---3b/C<:6b ¿q ì - -PLdu Reading of the Announcements by the County Administrator fifeôJ1 ) c. 3. GENERAL PUBLIC COMMENT NOTICE: All proceedings betore this Board are electronically recorded. Any person who decides to appeal any action token by the Board at Ihese 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 cny party 10 the proceedings, individuals testifying during a hearing will be sworn In. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying durIng a hearing upon request. Assistive Ustening Device Is available to anyone with 0 hearing disability. Anyone with Q disability requiring accommodation to attend this meeting should contact the Sf. Lucie County Community Services Oirector at (772) 462-1777 or TeD (772) 462-1428 at least forty- elght(48) hours prior to the meeting. """ ....." REGULAR AGENDA SEPTEMBER 23, 2003 PAGE TWO PUBUC HEARINGS 5A. There are no public hearings scheduled for September 23, 2003. End of Public Hearings 6. ~ \ (¿ çf 10 YI fu ;g¿rd 10 COUNTY ATTORNEY ~1~\í'w\-l/,¡-O)-fV r A. Ordinance No. 03-37/ Amending Section 1-15, Article II (parks & Recre~ of the Code of Ordinances and Compiled Laws by providing for Twenty-four Hour Access to all Public Beaches under Certain Conditions - Consider staff reco~~t~iìf~ ~:ttftÍpJt~~veø~C~r~n~rtp B. Amende1r' ånd Restate'd Inter local Agreement (Medical Examiner) - Consider staff recommendation to approve the Amended and Restated lnterlocal Agreement and authorize the Chairman to sign the agreement. ADMINISTRATION trvrJ(Ov«::f( 3 -0) 7. ~rcpq ~;¡oVt- rh (]\V' e C ( . O{IV (tJ; [ In(V B. Request for Renewal of the Bus Bench Agreement for 3 Years with Metropolitan Systems, Inc. to Benefit the Fort Pierce Jaycees, Port St. Lucie Jaycees, United Way, Boy's and Girl's Clubs and Big Brother's and Big Sister's _ Staff recommends that the Board consider the request to extend the Bus Bench A~reeI1J~nt with Metropolitan Systems, Inc. for 3 years. \!~ if ð 010vnc¡,h) Chon -hL S Bi-weekly oITIIIiittee Reports - The Board will provide committee and advisory board updates. Þ'~J ~~~I (01V '-' ....." CONSENT AGENDA SePtember 23. 2003 L WARRANTS LIST Approve warrants list No. 51 2. COUNTY ATTORNEY A. Noise Control Ordinance No. 03 - 35 / Correcting a Scriveners Error Regarding the Definition of "Night" - Consider staff recommendation to grant permission to advertise the ordinance for a public hearing on October 14, 2003. B. Revocable License Agreement / 9801 South Indian River Drive - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement and direct staff to record the agreement in the Public Records of St. Lucie County, Florida. C. Resolution No. 03-200 / Authorizing Participation by the St. Lucie County Housing Finance Authority in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2004A, Multi- County Program - Consider staff recommendation to adopt the proposed resolution as drafted. D. Agri-Science Education Center / First Amendment to June 4, 2002 lnterlocal Agreement with St. Lucie County School Board - Consider staff recommendation to approve the proposed amendment and authorize the Chairman to sign the amendment. E. Island Development Group Limited, Inc. (Watersong) Subdivision Improvement Agreement - Phase I - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement subject to receipt of adequate security in a form acceptable to the County Attorney. 3. PUBLIC WORKS A. ~\}~~(!) ~ ~"~\ c. Mitigation Credits at the Bluefield Ranch Mitigation Bank for the South 25'" Street Widening Project (Midway Road to Edwards Road) - Consider staff recommendation to approve the Wetlands Mitigation Credit Sales Reservation and Agreement in the amount of $24,000, subject to approval by the County Attorney and signature by the Chairman. Bid No. 03-076 / Picos Road Paving & Drainage from Rock Road to Kings Highway - Consider staff recommendation to award the bid to the lowest complete bidder, Sheltra & Son Construction, Inc. in the amount of $672,564.70, establish the project budget and authorize the Chairman to sign the contract as prepared by the County Attorney. Watershed Water Quality Monitoring Network - Consider staff recommendation to approve St. Lucie County's participation in the Watershed Water Quality Montoring Network in the amount of $50,000 and authorize staff to establish a budget in that amount. '- CONSENT AGENDA SEPTEMBER 23, 2003 PAGE TWO ....,¡ 4. COMMUNITY DEVELOPMENT A. Tourism / Simple Success Marketing Advertising Invoices - Consider staff recommendation to approve payment of the invoices for the month of August 2003 in the amount of $1,626.15. B. Second Replat for Southern Oaks / final Plat Review - Consider staff recommendation to approve the second replat of the Southern Oaks subdivision, and authorize staff to proceed with its final processing. 5. LIBRARY State Aid to Libraries Grant Application & Expenditure Report FY04 - Consider staff recommendation to authorize the Chairman to sign two copies of the application, at the time of approval and approve the library's annual plan of service. 6. PARKS AND RECREATION Fee Waiver / Friends of the Marina - Consider staff recommendation to approve the request for use of open space at the River Park Marina on October 25,2003 at no charge for fund-raising purposes to benefit the park. 7. HUMAN RESOURCES October Increase - Consider staff recommendation to approve the 3% increase or 30 cents an hour (whichever is greater), effective October 1, 2003, for non-bargaining full time and part time with limited benefits employees. 8. ADMINISTRATION A. Contractor's Certification Board Reappointment - Consider staff recommendation to ratify the at-large reappointment of John Langel to the Contractor's Certification Board. ~\\O\ t\D c. Termination of Lease Agreement with Downeast Sailing Adventures for the County's North Dock - Staff recommends that the Board terminate the lease with Downeast Sailing Adventures as provided for under section 15.04 of the agreement and authorize staff to provide notice to user by registered or certified maiL Meeting Changes for November, 2003 -Consider staff recommendation to cancel the Board of County Commissioners meeting for November 11 due to the holiday, change the November 18, 2003 meeting to 9:00 am for the annual reorganization, and change the November 25,2003 meeting to 7:00 pm. ~ CONSENT AGENDA SEPTEMBER 23, 2003 PAGE THREE ....." 9. PURCHASING A. B. e. D. E. F. G. H. ()~~ Q \\tJ ~ '0 ~\\\-*\ J. Change Order No.1 to Contract No. C02-07-561 with Norment Security Group, Inc. - Consider staff recommendation to approve the Change Order in the amount of $26,892.95 and authorize the Chairman to sign the Change Order as prepared by the County Attorney. Bid Waiver and Sole Source Declaration - Consider staff recommendation to approve the bid waiver and sole source declaration for the purchase of parts and service for certain county equipment to Kelly Tractor for Caterpillar, L.B. Smith for Volvo and Samsung, Sierra International Machinery, LLC for MacPress balers and conveyors, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. Second Amendment to Contract No. C99-12-128 with Florida Rock Industries, Inc. - Consider staff recommendation to approve the second , amendment to the contract and authorize the Chairman to sign the amendment as prepared by the County Attorney. IFPNo. 03-70/ Sale of Real Property at the Airport Industrial Park - Consider staff recommendation to award the bid for block 4,lots 16 and 17 and block 6, lots 5, 7, and 8 to Arthur M. Hungerford III for $249,500 contingent upon successfully developing the property, and authorize the Chairman to sign the contracts as prepared by the County Attorney. Permission to Advertise - Consider staff recommendation to grant permission to advertise Request for Proposal (RFP) for a Baseball Training Facility to be located at the Lawnwood Sports Complex. First Agreement Extension to Bid No. 02-028 / Purchase of Bailing Wire - Consider staff recommendation to approve the extension to Cavert Wire Company, Apex Pinnacle and L&P Wire-Tie Systems. First Extension to Contract No. COO-07-442 with Natures Keeper, Inc. - Consider staff recommendation to approve the first extension and authorize the Chairman to sign the extension as prepared by the County Attorney. Permission to Advertise - Consider staff recommendation to grant permission to advertise Request for Qualification (RFQ) for the Holiday Festival Event at the St. Lucie County Fairgrounds, Equestrian Event Center. IFB No. 03-074 / Temporary Personnel Services - Consider staff recommendation to award the bid to Kelly Services for clerical workers and T.e. Staffing for maintenance, custodians, concession workers and event staff, and authorize the Chairman to sign the contracts as prepared by the County Attorney. IFB No. 03-075 / Purchase of a Vertical Platform Truck - Consider staff recommendation to award the bid to Stamm Manufacturing, and authorize the Chairman to sign the contract as prepared by the County Attorney. '-' CONSENT AGENDA SEPTEMBER 23, 2003 PAGE FOUR ....,¡ 9. PURCHASING (CONTINUED) K. Resolution No. 03-253 / Amending the St. Lucie County Manual of Purchasing Regulations by changing Section 18 (Fixed Assets) to Section 18 (Capital Assets) in order to comply with the request of the auditors to include land, building and improvements in the Purchasing Manual under Capital Assets - Consider staff recommendation to adopt the resolution as drafted. 10. MANAGEMENT & BUDGET A. Equipment Request Nos. 03-284, 03-285 and 03-286 / Budget Amendment No. 03-164 - Consider staff recommendation to approve the equipment requests and budget amendment to cover the purchase of a rotary filing system and office furniture for the Supervisor of Elections office move to the , Orange Blossom Business Center. Staff also recommends that the Board authorizes the County Administrator to sign off on future equipment purchases within the specified budget for this project. B. Inter-fund Loan from Transportation Trust Fund for the Revels Lane MSBU Project (Fund 39003) - Consider staff recommendation to approve the Inter- fund loan in the amount of $519 from the Transportation Trust Fund (101) into the Revels Lane MSBU Project fund. C. Inter-fund Loan from Transportation Trust Fund for the Westglen MSBU Project (Fund 693) - Consider staff recommendation to approve the Inter- fund loan in the amount of $2,686 from the Transportation Trust Fund (101) into the Westglen MSBU Project fund. D. Budget Resolution No. 03-255 to Establish the Budget for the $3,000,000 St. Lucie County, Florida Improvement Revenue Note, Series 2003 for the Environmental Land Capital Fund - Consider staff recommendation to adopt the Budget Resolution. E. Budget Resolution No. 03-254 to Establish the Budget for the $6,055,000 St. Lucie County, Florida Tourist Development Tax Revenue Bond, Series 2003 and $2,627,500 St. Lucie County, Florida Improvement Revenue Note, Taxable Series 2003C (Thomas J. White Stadium) - Consider staff recommendation to adopt the Budget Resolution to finance projects at Thomas J. White Stadium / Sports Complex. 11. GRANTS St. Lucie River Issues Team Grant - Consider staff recommendation to authorize the County Administrator to sign the grant applications and the proposed ranking to the St. Lucie River Issues Team for grant funds for acquisition and restoration of lands along Ten Mile Creek, construction of stormwater facilities at Paradise Park and Harmony Heights and development of a Best Management Practice demonstration site. - ..... CONSENT AGENDA SEPTEMBER 23, 2003 PAGE FIVE v 12. COMMUNITY SERVICES Resolution No. 03-248 / Adopting the St. Lucie County Policy for Disposition of Unclaimed or Indigent Bodies - Consider staff recommendation to approve the proposed resolution. ÌIIw" ....., St. Lucie County Board of County Commissioners Announcements September 23,2003 A. The Board of County Commissioners will hold a public workshop on September 30, 2003 at 1:00 pm in Conference Room 3 to discuss Western Densities. B. The October 7, 2003 Board of County Commissioners Meeting will begin at 6:00 pm. C. There will be a ground breaking ceremony for the Walton Road Annex Building on October 9, 2003 at 10:30 am on Walton Road in Port St. Lucie. D. There will be a Public Hearing on October 28, 2003 at 1:00 pm in the Commission Chambers regarding Treasure Coast Tractor Services, Inc. / Treasure Coast Land Clearing. E. Meeting Changes for November, 2003 . o The Board of County Commissioners meeting for November 11, 2003 will be cancelled, due to the holiday. o The November IS, 2003 Board of County Commissioners meeting will be changed to 9:00 am for the annual reorganization. o The November 25, 2003 Board of County Commissioners meeting will be changed to 7:00 pm. \... .... BOARD OF COUN1Y COMMISSIONERS ADDITIONS AGENDA September 23. 2003 REGULAR AGENDA Approval of Minutes Approve the minutes of the Final 2003/2004 Budget Public Hearing held on September 18,2003. CONSENT AGENDA Communitv Development C-A.l Final Plat Approval/ Portofino Shores Planned Unit Development - Consider staff recommendation to authorize the final processing of the final plats for the Portofino Shores Planned Unit Development and authorize the execution of the Interlocal Agreement between the Porto fino Shores Community Development District and St. Lucie County in regard to the financing of the required improvements associated with the final plats for the Portofino Shores Planned Unit Development.. Countv Attomev C-A.2 119 South 10th Street / Consent to Assignment of Lease Agreement with Florida Department of Juvenile Justice to Florida Department of Children and Families - Consider staff recommendation to consent to the assignment of the Lease Agreement effective October 1,2003. Central Services C-A.3 Courthouse Security / Reallocation of Funds - Consider staff recommendation to approve the reallocation of Investment for the Future funds in the amount of $21 ,986, accept the lowest quote, 1" Fire [,. Security and allow staff to implement additional security measures at St. Lucie County Courthouse. w .J - tnlJdtJ"GCìV ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS JOHN D. BRUHN DISTRICT 1 DOUG COWARD DISTRICT 2 PAULA A. LEWIS FRANNIE HUTCHINSON CUFF BARNES DISTRtCT 3 DISTRtCT 4 DISTRICT 5 1. AGENDA ~\ M<Nurn S'P'="" 23. 2003 t'íW\O~ ~ ~ 0 ) Approve the minutes of the meeting held September 9, 2003. f'/; Approve the minutes of 1he Tentative Budget Public Hearing on SePtembe~ 1-;' 2003. 2. GENERAL PUBliC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants list No. 50and No. 51 2. PURCHASING Second Amendment to Contract No. C01-1O-077 with Vector Disease Contro c. - Consider staff recommendation to approve the amendment and authorize the Chairman to sign the amendment as prepared by the County Attorney. NOTICE: All pnx;eecIings before this Board are erectronk:ally recorded. My person whodecides 10 appeal any ætion taken by the Board at these meeüogs will need a record oflhepm::eedirgs and for such purpose may need 10 ensure !hat a verbatimrecon:l oflhe proceedings is made. Upon the requesl ofæy party 10 the proceedings, individuals testifying during a hearing will be sworn in. Any paty to the proceedings will begranled an opportunity locrœs-exéI11ine any individualleslifring during a hearing upon request. ArIyonewilh adisæililyrequiring a::cornrrcdatit 10 attend this meeting should conta:t the 81. Lucie County Community SeMces Manager at {772} 462-1777 or TOO (772) 462·1428 at least forty-eight(48} hours prior 10 the meeting. '-' ....." Sfptember 23. 2003 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING 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 ,vill be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., 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 Drior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments "ill be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSlNG THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON·AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger PoItras Administration Anne,,, at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight(48) hours prior to the meeting. """ '-" www.co.st-Iucie.fl.us John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMI5510NER5 September 23, 2003 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE Music provided by Lawnwood Elementary School Chorus Fourth Grade Class of Ms. Linda Young 1. MINUTES Approve the minutes of the meeting held September 16, 2003. Approve the minutes of the Tentative Budget meeting held September 11, 2003. 2. PROCLAMATIONS I PRESENTATIONS A. Resolution No. 03- 252 - Staff recommends that the Board adopt the resolution as drafted. B. Presentation - The Board wishes to congratulate the participants of the 2003 Big Brothers Big Sisters Bowl for Kid's Sake Event Top Individual Fund Raiser: BOCC - Bill Zaroda, Road & Bridge - $3,424 Clerk - Nancy Allison - $3,355 Challenge Trophy - BOCC: The BOCC employees raised $6,047 to obtain the Fund Raising Trophy from the Clerk of Courts ($4,098) C. Reading of the Announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA NOTICE: All proceedings before this Board are electronically recorded. Any person who decides 10 appeal any action token by the Boord at these meetings will need 0 record 01 the proceedings and for such purpose may need fa ensure that 0 verbatim record ot 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 granfed an opportunity to cross-examine any Individual testifying during a hearing upon request. Assistive Ustening Device is available to anyone with Q hearing disability. Anyone with a disability requiring Clccommodofion to attend thIs meeting should contact the St. LucIe County Community Services Director at (772) 462-1777 or TDD (772) 462·1428 at least forty· eighl(48) hours prior 10 Ihe meeting. '-' """'" REGULAR AGENDA SEPTEMBER 23, 2003 PAGE TWO PUBliC HEARINGS SA There are no public hearings scheduled for September 23, 2003. End of Public Hearings 6. COUNTY ATTORNEY A. Ordinance No. 03-37/ Amending Section I-IS, Article II (Parks & Recreation) of the Code of Ordinances and Compiled Laws by providing for Twenty-four Hour Access to all Public Beaches under Certain Conditions - Consider staff recommendation to grant permission to advertise the ordinance. B. Amended and Restated lnterlocal Agreement (Medical Examiner) - Consider staff recommendation to approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the agreement. 7. ADMINISTRATION A. Request for Renewal of the Bus Bench Agreement for 3 Years with Metropolitan Systems, Inc. to Benefit the Fort Pierce Jaycees, Port St. Lucie Jaycees, United Way, Boy's and Girl's Clubs and Big Brother's and Big Sister's - Staff recommends that the Board consider the request to extend the Bus Bench Agreement with Metropolitan Systems, Inc. for 3 years. B. Bi-weekly Committee Reports - The Board will provide committee and advisory board updates. "- -' CONSENT AGENDA SePtember 23. 2003 1. WARRANTS LIST Approve warrants list No. 51 2. COUNTY ATTORNEY A. Noise Control Ordinance No. 03-35/ Correcting a Scriveners Error Regarding the Definition of "Night" - Consider staff recommendation to grant permission to advertise the ordinance for a public hearing on October 14, 2003. B. Revocable License Agreement / 9801 South Indian River Drive - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement and direct staff to record the agreement in the Public Records of St. Lucie County, Florida. C. Resolution No. 03-200/ Authorizing Participation by the St. Lucie County Housing finance Authority in the Escambia County Housing finance Authority Single Family Mortgage Revenue Bonds, Series 2004A, Multi- County Program - Consider staff recommendation to adopt the proposed resolution as drafted. D. Agri-Science Education Center / first Amendment to June 4,2002 Interlocal Agreement with St. Lucie County School Board - Consider staff recommendation to approve the proposed amendment and authorize the Chairman to sign the amendment. E_ Island Development Group Limited, Inc. (Watersong) Subdivision Improvement Agreement - Phase I - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement subject to receipt of adequate security in a form acceptable to the County Attorney. 3. PUBLIC WORKS A. Mitigation Credits at the Bluefield Ranch Mitigation Bank for the South 25'h Street Widening Project (Midway Road to Edwards Road) - Consider staff recommendation to approve the Wetlands Mitigation Credit Sales Reservation and Agreement in the amount of $24,000, subject to approval by the County Attorney and signature by the Chairman. B. Bid No. 03-076 / Picos Road Paving & Drainage from Rock Road to Kings Highway - Consider staff recommendation to award the bid to the lowest complete bidder, Sheltra & Son Construction, Inc. in the amount of $672,564.70, establish the project budget and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Watershed Water Quality Monitoring Network - Consider staff recommendation to approve St. Lucie County's participation in the Watershed Water Quality Montoring Network in the amount of $50,000 and authorize staff to establish a budget in that amount. '-' CONSENT AGENDA SEPTEMBER 23, 2003 PAGE lWO '-' 4. COMMUNITY DEVELOPMENT A. Tourism / Simple Success Marketing Advertising Invoices - Consider staff recommendation to approve payment of the invoices for the month of August 2003 in the amount of $1,626.15. B. Second Replat for Southern Oaks / final Plat Review - Consider staff recommendation to approve the second replat of the Southern Oaks subdivision, and authorize staff to proceed with its final processing. 5. UBRARY State Aid to Libraries Grant Application & Expenditure Report FY04 - Consider staff recommendation to authorize the Chairman to sign two copies of the application, at thé time of approval and approve the library's annual plan of service. 6. PARKS AND RECREATION Fee Waiver / Friends of the Marina - Consider staff recommendation to approve the request for use of open space at the River Park Marina on October 25, 2003 at no charge for fund-raising purposes to benefit the park. 7. HUMAN RESOURCES October Increase - Consider staff recommendation to approve the 3% increase or 30 cents an hour (whichever is greater), effective October 1, 2003, for non-bargaining full time and part time with limited benefits employees. 8. ADMINISTRATION A. Contractor's Certification Board Reappointment - Consider staff recommendation to ratify the at-large reappointment of John Langel to the Contractor's Certification Board. B. Termination of Lease Agreement with Downeast Sailing Adventures for the County's North Dock - Staff recommends that the Board terminate the lease with Downeast Sailing Adventures as provided for under section 15.04 of the agreement and authorize staff to provide notice to user by registered or certified mail. . C. Meeting Changes for November, 2003 -Consider staff recommendation to cancel the Board of County Commissioners meeting for November 11 due to the holiday, change the November IS, 2003 meeting to 9:00 am for the annual reorganization, and change the November 25,2003 meeting to 7:00 pm. \w CONSENT AGENDA SEPTEMBER 23, 2003 PAGE THREE ...; 9. PURCHASING A. Change Order No. 1 to Contract No. C02-07-561 with Norment Security Group, Inc. - Consider staff recommendation to approve the Change Order in the amount of $26,892.95 and authorize the Chairman to sign the Change Order as prepared by the County Attorney. B. Bid Waiver and Sole Source Declaration - Consider staff recommendation to approve the bid waiver and sole source declaration for the purchase of parts and service for certain county equipment to Kelly Tractor for Caterpillar, L.B. Smith for Volvo and Samsung, Sierra International Machinery, LLC for MacPress balers and conveyors, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. e. Second Amendment to Contract No. C99-12-128 with Florida Rock Industries, Inc. - Consider staff recommendation to approve the second , amendment to the contract and authorize the Chairman to sign the amendment as prepared by the County Attorney. D. IFP No. 03-70/ Sale of Real Property at the Airport Industrial Park - Consider staff recommendation to award the bid for block 4, lots 16 and 17 and block 6, lots 5, 7, and 8 to Arthur M. Hungerford III for $249,500 contingent upon successfully developing the property, and authorize the Chairman to sign the contracts as prepared by the County Attorney. E. Permission to Advertise - Consider staff recommendation to grant permission to advertise Request for Proposal (RFP) for a Baseball Training Facility to be located at the Lawnwood Sports Complex. F. first Agreement Extension to Bid No. 02-028 / Purchase of Bailing Wire - Consider staff recommendation to approve the extension to Cavert Wire Company, Apex Pinnacle and L&P Wire-Tie Systems. G. first Extension to Contract No. COO-07-442 with Natures Keeper, Inc. - Consider staff recommendation to approve the first extension and authorize the Chairman to sign the extension as prepared by the County Attorney. H. Permission to Advertise - Consider staff recommendation to grant permission to advertise Request for Qualification (RFQ) for the Holiday Festival Event at the St. Lucie County Fairgrounds, Equestrian Event Center. 1. IFB No. 03-074 / Temporary Personnel Services - Consider staff recommendation to award the bid to Kelly Services for clerical workers and T.e. Staffing for maintenance, custodians, concession workers and event staff, and authorize the Chairman to sign the contracts as prepared by the County Attorney. ]. IFB No. 03-075 / Purchase of a Vertical Platform Truck - Consider staff recommendation to award the bid to Stamm Manufacturing, and authorize the Chairman to sign the contract as prepared by the County Attorney. '- CONSENT AGENDA SEPTEMBER 23, 2003 PAGE FOUR ....., 9. PURCHASING (CONTINUED) K. Resolution No. 03-253 / Amending the St. Lucie County Manual of Purchasing Regulations by changing Section 18 (Fixed Assets) to Section 18 (Capital Assets) in order to comply with the request of the auditors to include land, building and improvements in the Purchasing Manual under Capital Assets - Consider staff recommendation to adopt the resolution as drafted. 10. MANAGEMENT & BUDGET A. Equipment Request Nos. 03-284, 03-285 and 03-286 / Budget Amendment No. 03-164 - Consider staff recommendation to approve the equipment requests and budget amendment to cover the purchase of a rotary filing system and office furniture for the Supervisor of Elections office move to the , Orange Blossom Business Center. Staff also recommends that the Board authorizes the County Administrator to sign off on future equipment purchases within the specified budget for this project. B. Inter-fund Loan from Transportation Trust Fund for the Revels Lane MSBU Project (Fund 39003) - Consider staff recommendation to approve the Inter- fund loan in the amount of $519 from the Transportation Trust Fund (101) into the Revels Lane MSBU Project fund. C. Inter-fund Loan from Transportation Trust Fund for the Westglen MSBU Project (Fund 693) - Consider staff recommendation to approve the Inter- fund loan in the amount of $2,686 from the Transportation Trust Fund (101) into the Westglen MSBU Project fund. D. Budget Resolution No. 03-255 to Establish the Budget for the $3,000,000 St. Lucie County, Florida Improvement Revenue Note, Series 2003 for the Environmental Land Capital Fund - Consider staff recommendation to adopt the Budget Resolution. E. Budget Resolution No. 03-254 to Establish the Budget for the $6,055,000 St. Lucie County, Florida Tourist Development T<LX Revenue Bond, Series 2003 and $2,627,500 St. Lucie County, Florida Improvement Revenue Note, Taxable Series 2003C (Thomas J. White Stadium) - Consider staff recommendation to adopt the Budget Resolution to finance projects at Thomas J. White Stadium / Sports Complex. 11. GRANTS St. Lucie River Issues Team Grant - Consider staff recommendation to authorize the County Administrator to sign the grant applications and the proposed ranking to the St. Lucie River Issues Team for grant funds for acquisition and restoration of lands along Ten Mile Creek, construction of stormwater facilities at Paradise Park and Harmony Heights and development of a Best Management Practice demonstration site. .... CONSENT AGENDA SEPTEMBER 23, 2003 PAGE FIVE ...." 12. COMMUNITY SERVICES Resolution No. 03-248 / Adopting the St. Lucie County Policy for Disposition of Unclaimed or Indigent Bodies - Consider staff recommendation to approve the proposed resolution. "- ....., S1. Lucie County Board of County Commissioners Announcements September 23, 2003 A. The Board of County Commissioners will hold a public workshop on September 30, 2,003 at 1:00 pm in Conference Room 3 to discuss Western Densities. B. The October 7, 2003 Board of County Commissioners Meeting will begin at 6:00 pm. C. There will be a ground breaking ceremony for the Walton Road Annex Building on October 9, 2003 at 10:30 am on Walton Road in Port St_ Lucie. D. There will be a Public Hearing on October 28,2003 at 1:00 pm in the Commission Chambers regarding Treasure Coast Tractor Services, Inc. / Treasure Coast Land Clearing. E. Meeting Changes for November, 2003 - o The Board of County Commissioners meeting for November 11, 2003 will be cancelled, due to the holiday. o The November IS, 2003 Board of County Commissioners meeting will be changed to 9:00 am for the annual reorganization. o The November 25, 2003 Board of County Commissioners meeting will be changed to 7:00 pm. '- ...""" BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA September 23. 2003 REGULAR AGENDA Approval of Minutes Approve the minutes of the Final 2003/2004 Budget Public Hearing held on September 18, 2003. CONSENT AGENDA Community Development C-A. 1 Final Plat Approval / Portofin recommendation to authorize Shores Planned Unit Develo¡ Agreement between the Portc Lucie County in regard to the f the final plats for the Portofino YQV9 elopment - Consider staff ìnal plats for the Portofino œcution of the Interlocal relopment District and SI. 'ovements associated with ?men!.. Cou_nty Attorney C-A.2 119 South 10th Street / Consent to Assignment of Lease Agreement with Florida Department of Juvenile Justice to Florida Department of Children and Families _ Consider staff recommendation to consent to the assignment of the Lease Agreement effective October 1,2003. Central Services C-A.3 Courthouse Security / Reallocation of Funds - Consider staff recommendation to approve the reallocation of Investment for the Future funds in the amount of $21,986, accept the lowest quote, 1" Fire & Security and allow staff to implement additional security measures at St. Lucie County Courthouse. -. '"-' ...., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 16,2003 Tape: 1-4 Convened: 6:00 p.m. Adjourned: II :30 p.m. Commissioners Present: Cliff Barnes, Chainnan, Paula A. Lewis, Frannie Hutchinson, Doug Coward, Jolm D. Bruhn Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Bill Blazak, Utilities Director, Don West, Public Works Director, Sheriff Mascara, Millie Delgado-Fe1iciano, Deputy Clerk I. MINIJ,,I~S (1-024) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held September 9,2003; and, upon rollcall, motion carried unanimously. 2. PROCLAMATIONS PRESENTATIONS (1-036) A. Resolution No. 03-246- Proclaiming September 20, 2003 as "POW/MIA Recognition Day" in St. Lucie County, Florida. It was llIovcd hy COlli. I.cwis, seconded hy COlli. Bruhn, 10 approve Resolution No. 03- 24C>; and, upon roll call, llIotion carried unanilllously. B. [)resentation- The Board acknowledged the winners of the Bicyclc Sa rcty Poslcr Contcst. C. The County Administra(or rcad upcoming cvcnts and scheduled mcetings. 3. GENERAL PUBLIC COMMENTS (1-1064) Ms. Patricia Ferrick, S. 25th St resident, addressed the Board in support of impact fees and their proposed increase. Ms. Dolores Johnson, Waterfront Council, commented on the dredging of Taylor Creek and expressed concern with the testing and the fact that the project was being pushed at a quick rate. Ms. Julia Orbin- Lakewood Park resident, addressed the Board regarding the drainage problem caused by the Portofino Shores development. The Public Works Director addressed Ms. Orbin's concerns and advised her of the alll:IlIJ1110 Sclll:dltk a worksl:ssioll dltring Ihe month ol'November. lie ndvised Ms, Ol'bill Ihn[ [hl: l:oltllly did havl: [he I'eqllirl:d J1l:I111il. Mr. George Cavanagh, FIND representative, addressed the Board of the available funding of$800,000 from FIND and stated this was a multi-year project. 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the Consent Agenda; and, upon roll call, motion emTied unanimously. '-' ..., I. W¡\RRANT LIST The Board approved Warrant List No. 50. 2. PARKS AND RECREATION User Fee Waiver/SLC Fairgrounds, Equestrian & Event Center- The Board approved waiving the user fees for the St. Lucie County 4-H and FFA organizations with the stipulations as outlined by staff. 3. AIRPORT A. Equipment Request No. 03-283- The Board approved the purchase of an icom IC-AllO Air Band Transceiver Radio from Aircraft Parts Market for communication to the Air Traffic Control Tower in the amount of$917. B. Equipment Request 03-282- The Board approved the purchase of a wheeled ire extinguisher containÍng 150 pounds of dry chemiealmodel number 4HH to maintain lire SarC(y requircmcnts on the 1715 rump in (he amount or $2, I 90. . 4. UTILITIES A. Amendment No. 1 to Consultant Agreement with Howard C. OstelTI1an- The Board approved the amendment in the amount of $55,000 to provide expertise in the development of multiple new service districts and to provide on going services to the Utility Department. 13. FlJuiplllcnt RelJuest Nos. 03-276 through 03-28 (/Budget Amendmcnt6 No. 03-162- The Board approved the equipment rcquests and budget amendmcnt to purchase a .I ib Crane ($1,499.40), I-(oist ($1,206.90), Rotobin ($796.50), OSHA Storage Cabinet ($896.45) and Pipe Locator ($1,799.10) for a total amount of $6,171.35, for the North Hutchinson Island Wastewater Treatment Plan expansion. 5. COUNTY ATTORNEY A. Healthy Start Coalition of St. . Lucie County, Inc.,- The Board approved the proposed seventh àmendment to the October 24, 1994 Facility Use Agreement with Healthy Start Coalition of St. Lucie County, Inc., and Kids Connected by design and authorized the Chairman to sign the amendment. B. Edwards & Selvitz Road Intersection Improvement Projeet- The Board approved the Contract for Sale and Purchase of the Christian Fellowship Alive Ministries, inc., right of way and comer slip for $13,200, authorized the ChailTI1an to execute the contract and directed staff to close the transaction and record the closing documents in the Public Records of SI. Lucie County, Florida. (), COMMUNITY 1)I~VjLOI)MI~NT A. Treasure Coasl Regional Planning Council Comprehensive Economic Developmcnt Strategy Commi((èe Appointment- The Board ratified Com. Bruhn's appointment of Gwenda Thompson to the Treasure Coast Regional Planning Cduncil CEDS Committee through December, 2004. 2 '-' ....." B. Resolution No. 03-189/St. Lucic Landings Subdivision- The Board approved the Resolution granting approval for a Major Site Plan to be known as St. Lucie Landings Subdivision, subject to the cited conditions contained therein, located on the west side of Oleander ^ vcnuc north or and adjacent (0 Rivers Edge Subdivision. c. Rcsolution No. 03-222/Diamond Sands Subdivision- The ßoard approved the resolution granting approval for a Major Site Plan to be known as Diamond Sands Subdivision, subject to the cited conditions contained therein, located on east side of State Road AlA. 7. PUBLIC WORKS Bid Waiver and Permission to Purchase- The Board approved the bid waiver for the purchase of war filled "Jersey" Barriers from Protective Barrier Services of Ft. Lauderdale in the amount of$29,252. 8. CENTRAL SERVICES Reallocation of Funds- The Board approved the reallocation of $1,600 for the purchase of two generators to be used for department emergency back-up and for the purchase of other miscellaneous equipment. 9. PURCHASING A. Permission to Advertise- The Board granted permission to advertise a RFP for Canoe and Kayak rental concession at the River Park Marina. B. Bid Waiver and Piggyback Martin County Annual Agreement for Removal of Trees, Tree Stumps, and Tree Trimming Bid # AlR03- 284 - The Board approved the waiver of the bid process and granted permission to piggyback Martin County Annual Agreement with Tony's Tree Service, Inc., as the primary vendor and Tri-Brothers Tree & Landscaping, Inc., as (he secondary vendor and authorized the Chairman to sign the contracts as prepared by the County Attorney. REGULAR AGENDA 5. COUNTY ATTORNEY (1-1072) A. Ordinance No. 03-17/2003 Economic Development Exemption Application Liberty Home Pharmacy Corporation- Staff recommended the Board determine whether to approve the ordinance. The Economic Development Manager addressed this issue and advised the Board that thcy would not pay property taxes on the real property improvements since it is within tll~ (·RA. TII~ ~ily ot"l'ol'l St. Lu~i~ has granted a 3 year JOO 'X, exemption. Tile County Atlol1l~y ,¡dvised thc Board that this is a new policy issuc that thc county has not cneountcred prcviously. ('0111. Hutchinson rcqucstcd this be continued in order to separate tbe larger policy issue 1'1'0111 this application. Stair was directed to get back with the Board no later than a two week period with a report on the broader policy implications of ad-valorem tax exemptions within CRA's. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to continue this public hearing on October 14, 2003 at 9:00 a.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. 3 \.. -...tiI B. Ordinance 03-36/2003 Economic Development Exemption Application/Mirabella Yachts, Inc.- Consider staffrecommcndation to approve Ordinance 03-36. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Ordinance No. 03- 36: and, upon roll call, motion carried unanimously. C. Resolution No. 03-178/Wilcox Rod Preserve Dcsignation- Considcr staff recommendation to adopt Resolution No. 03-178. It was moved by Com. Brubn, seconded by Com. Hutebinson, to approve Resolulion No. 03-178; and, upon roll call, motion carried unanimously. D. Petition for Abandonment/Right of Way LTC Ranch-Consider staff recommendation to approve Resolution No. 03-211 approving the abandonment of the existing right of way through LTC Ranch subject io Ibe dedication or tbe reloe¡,ied rigbi or way io St. Lucie County or tbe City 01' Port St. Lucie, as delennined by the Board, instruct starr to publish the final Notice of Abandonment, and record Resolution No. 03-211, Proof of Publication of the Notice of Public Hearing and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. Com. Barnes stated he would personally like to see this as a county road. M,'. f30hhy Klein, rcprcscnting thc dcvclopcr, addrcsscd thc Board on this item. Ms. Sandra Woodums, area resident, questioned whcre this road ended. The Community Development Dircctor addressed Ms. Woodums question. Mr. Klein advised the Board that this road would not be built and it should be abandoned. Com. Barnes suggested there be an interlocal between the county and the city for the division of the gas tax. Com. Coward stated he did not see why the county is concerned with the loss of revenue in the sense that thc road is going into the city and they will have additional requirements that they will need the revenue for and does not understand what they are trying to accomplish. Mr. Klein stated he could not accept a motion which was "subject to" and would be willing to table this issue and have the city discuss this with the county. It was moved by Com, Coward, seconded by Com. Lewis, to approve the Pelition lor Abandonment and Resolutioll No. 03-211; and, upon roll call, (he vote was as rollows: Nay: Hutchinson, Barnes; Aye's: Bruhn, Coward, Lewis; motion carried by a vote of3 to 2. COMMUNTIY DEVELOPMENT (1-3119) E. Ordinance No. 03-023 Amending the County's Educational Impact Fee Sehedules- This was the fitst of two public hearings. No final action was required of the Board at this time. The Board advised those present that the second required public hearing was scheduled 1,,1' October 7. 2003 at 7:00 p.m. or as soon thereaftcr as possible. The County Attorney stated he is proposing as well as the school board that this be elTeetive February 1,2004 as to not alTeet those already applying for home loans. 4 ~ .....,. Mr. Dan Harrell, School Board, thanked the Board for their support on the implemcnta(ion of the impact fees. A copy of the school board minutes were distributed addressing the amount they are requesting. Mr. Marty Sanders, Facilities Director for the School Board advised the Board of the $335 million shortfall over the next 5 years for capital facilities. Part of this amount is for renovations and part for construction of new student stations. Mr. Don Santos, Treasure Coast Builders Association, addressed the Board and stated there is a major difference between the figure the School Board consultant and the Builders Associations Consultant. Mr. Santos stated thc Association concurs with thc dale or implementation oUhe impact Iccs or February I, 2004 however, they do not agree with (he cost. Mr. Stcph Mathis, Presidcnt Elcct, SLC Chamber or Commerce, addressed the Board in ravor or the position the School Board and the TC Builders Association have taken with respcet to thc implcmcntation date of the rees. They reserve their comments on the other areas until the studies have been completed. Ms. Arlene Brown, Port St. Lucie, addressed the Board in opposition to the impact fee Inercase. Mr. Ron Belkin, President St. Lucie County Chapter, TC Builders Assoc., addressed the Board and stated they felt new construction is being penalized and that other real estate transactions should also pay some of the costs. Mr. Kirk Sorenson, Consultant for the Builders Association, stated the fee was not the concem, it is the process used to arnve at the figure. His recommendation was that the Board allow time for the consultants to sit and review the figures and arrive at a cooperative recommendation and equitable solution. Ms. Sandy (unintclligiblc name) real estate agent addressed (he Board regarding (he sales 01" homes in Sl. Luek County and the afTeet this will have on the hOl11e sales tlnd I'IIA loan criteria. Mr. Pete Hegener, Pres. Core Communities, addressed the Board in favor of the fees, however does agree with transfer tax on those existing homes being sold. Mr. WiUiam Hammer, Reserve resident, addressed the Board in favor if the impact fees. Ms. Pamela Hammer, Reserve resident, objected to the delay period requested for implcmentation. Mr. James Zecker, Ft. Pierce Center High School student, addressed the Board in favor of the fees to eliminate portables for classrooms. MI'. KcnllY Ilo)',"n, t 'h"i1'll1"1I t'ili'l.CIIS Blldget Conlnlillee, ",Idressed the I!o"rd in ¡¡,vor or Ihc illlp"ct Ices. No action requircd. F. Ordinance No. 03-25- Creating a Countywide Law Enforcement Fee- Starr recommcnds that the Board consider onc of thc two rollowing options. 1) approve the fee schedule is described in the ordinance, with an effective date of January 1, 2004, in order to permit time to request that the Cities of Fort Pierce and Port 5t. Lucie and St. Lucie Village review and approve an interlocal agreement addressing the coUection of the fees. 5 '- .... 2) continue the public hearing on this matter to a date certain (suggest December 2, 2003) in order to permit time to request that the Cities of Ft. Pierce, Port St. Lucie and St. Lucie Village revi ew and approve an interlocal agreement addressing he collcction of(hesc fees. The effective datc of this fee schedule in this instancc would be January 1,2004. It was moved by Com. Hutchinson, seconded by Com. Lewis, to continue this hearing on December 2, 2003 ; and, upon roll call, motion carried unanimously. G. Resolution No. 03-085 Dale T. Mosher- Consider staff recommendation to approve the resolution granting a change in zoning from RS-3 to AR-l. Mr. John Ferrick, area resident, addressed the Board in favor ofthe zoning change. It was movcd I>y Com. 13ruhn, seconded by COI11. 1·lu(chinson, to approvc staff rccommcndation; al1d, UpOI1 roll call, motiol1 carried unanil11ously. II. Resolution No. m-223 Dale T. Moser- Consider starr recommendation to approve the rcsolution granting a Conditional Use Permit to allow for the operation of a commercial plant nursery located at 4200 Edwards Road. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve staff recommcndation; and, upon roll call, motion carricd unanimously. 1. Resolution No. 03-190/Renee A. LeBen- Consider staff recommendation to approve the resolution to define a Class"A" Mobile Home as a detached single family dwelling unit. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. Tape 2 & 3 (2-2450) .La Formal Public Hearing Request/Cynthia & Alto Lee Adams 1II- this item was an administrative review associated with and contingent to the next public hearing.- consider the request to hold a public hearing to consider the revocation of a previously issued conditional use permit authorizing the operation of an air curtain incinerator. The Board members advised those present of the contacts made by both parties to each commissioner. It was the consensus of the Board to schedule this hearing on October 28, 2003 at 1:00 p.m. or as soon thereafter as possible. (3-0240) .1.1> Treaslll"e CO'1sl Tractor Services, [ne.,- Considcr sta ff recoml11endation to deny the petition ror a Conditional Usc Permit (0 allow the operation or a second air curtain ineincrator in thc Utilities Zoning for property located south of Orange Avenue approx. 3,000 feet west of Sneed Road as being inconsistent with the stm1dards of review set forth in Section 11.07.03 of the St. Lucie County Land Development Code, amI is in conflict wiih the Goals, Objcetivcs and Policies or thc St. Lucic County Comprchensivc Code. Ms. Cynthia Adams addressed the Board on this issue and advised the Board that the DEP would be conducting air quality tests tomorrow. 6 """ .... It was moved by Com. Lewis, seconded by Com. Bruhn, to continue this public hcaring on November 4, 2003 at 7:00 pm or as soon thereafter as possible; and, upon roll call, motion carried unanimously. K. Considcr Drafl Ordinance No. 03-005 amending the St. Lucie County Land Development Code by amending the Open Space Standards for Planned Unit Developments to provide [or Clarification of Standards Applicable to areas of the Unincorporated County with a Future Land Use Designation of Agricultural, Residential and Mixed Use and by creating New Paragraph K Clustering of Developments for Planned Unit Developments. This is the first of two required public hearings. No action is required by the Board at this time other than to announce that the next public hearing on this matter wiII be held on Tuesday, October 7, 2003 at 6:00 p.m. or as soon thereafter as possible. Mr. Jerry James, Chairman of the Ag. Ad Hock Committee, addressed the Board and requested they reject the ordinance and enforce Ordinance No. 03-007 as submitted and recommended by the Planning and Zoning Board. . Mr. Charles Grande, Hutchinson Island, addressed the Board on this issue. Mr. Pat Murphy, Murphy Real Estate, addressed the Board in favor of Ordinance No. 03· 007. Mr. Jim Russakis, property owner addressed the Board in allowing to western county to develop in a lower density and more rural building manner. Mr. Joe Gorham, addressed the Board on this issue and the splitting of acres. Mr. Ed Mcritt, mcmbcr or thc P &. Z Board, addrcssed the Board as to what the P &. Z r30anl approvcd. Thc Board mcmbers cxprcsscd eonlllsion on what was being rcquested by the propcrty O\V!H,::rs . Mr. Kenny Hogan area resident, addrcssed the Board on this issue and stated the change in SLC to build ranchetts would benefit the county and would preserve the quality of life. Com. Coward stated he could not support what was being requested without more clari lication . Com. Lewis stated this has been going on several months and there still seems to be confusion on the issue and felt this issue need to be finalized. Com. Barnes requested information that would simplify the understanding of this issue. Com. Hutchinson stated it seemed as if every time the proposal comes to the front it has been changed and each recommendation is different. Com. Barnes suggestcd having a worksession and having the Property Appraiser available to clarify (he questions and misunderstandings and what this would mean to the devclopment orthese parcels. ('0111. Llai'tles reminded everyone (hnt once it is voled upon it ennno( he lixed without paying 1"01' properly righls. The Property Appraiser addressed the Board on this issue and the changes made. He believes it is three simple things that need to be addressed: The open space issue, the clustering issue, and the 10 acre parcels. 7 ~ - Com. Coward statcd his conccrn with the fact that it scemed as if2 mcmbcr of the P & Z thought thcy had votcd on ~¡ diffcrcnt issuc. Com. Barncs statcd hc wanted to undcrstand i( before he votcd on it. I-Ie asked a workshop be scheduled. Mr. Hayslip area resident, asked when the second hearing would be scheduled, he would like to purchase prope¡iy. The scheduled second public hearing will be on October 7,2003. Com. Coward stated he would like to review the economic impact of such projects to be provided as part of the discussion. Staff was directed to schedule a workshop(possibly September 30 in the p.m.) and to bring infonnation forward as to the pros and cons on the three major issues: clustering, 10 acre parcels, open space, transition zone is there one and can it be done provide maps for review. 6. COUNTY ATTORNEY (4-1123) A. St. Lucie County Fair Association- Consider staff recommendation to approve the Amended and Restated Lease and Management Agreement, and authorized the Chainnan to sign the agreement. It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. Resolution No. 03-247/Authorizing Taxable Loan to Provide Financing for Thomas.l. White Stadium improvements- Consider staff rccomlllcndation to approve the resolution as drafted. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 03- 247; and, upon roll call, motion carried unanimously. 7. ADMINISTRATION Resolution No. 03-22l1Supporting the Continued Inclusion of a Local Sources First Policy in Chapter 373.f.s. and opposing any amendment to Florida's Water Resource Policy which allows, encourages or promotes water transfers - Consider staff recommendation to adopt the resolution as drafted. It was moved by C0111. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. 03-221; and, upon roll call, motion carried unanimously. Thcre being no further business to be brought before the Board, the meeting was adjoumed. Chainnan Clerk or-Circuit Court 8 ........ "WI. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA TENTATIVE 2003/04BUDGET PUBUC HEARING Date: September I 1, 2003 Tape: I Convened: 5:05 p.m. Adjourned: 6:35 p.m. Commissioners Present: Chairman, Cliff Barnes, Paula Lewis, John D. Bruhn, Frannie Hutchinson, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, M & B Director, Millie Delgado-Feliciano, Deputy Clerk 1. The County Administrator reviewed the agenda. The County Administrator advised the Board that this would be the 7'11 year he would be presenting a balanccd budget without a property rate increase. 2. The Rolled Back Millage Rate was discussed by the Management & Budget Director and advised the Board the increase would be 15.69% over last year. 3. The Management and Budget Director addressed the questions on the trim notices and advised the Board and the public the reason for the increase in the General Fund. She also advised those present of the budgeted funding for Paradise Park and Hannony Heights. The County Administrator advised those present of the possible additional funding from the South Florida Water Management District through a grant. 4. A public hearing was held on the tentative budget for Fiscal Year 2003/04. Public Comments Received: Mr. Georgc Edwards, 13705 S. Indian River. Drive, addressed the Board in opposition to (he increase in his tax bi II. Ms. J oAnn Davey, Palm Grove resident addressed the Board in opposition to the increase in her taX bill and the increase in property value. Ms. Mary Smith, Paradise Park area, thanked the Board for their efforts in having their roads paved. . Mr. Ronald Mann, Hutchinson Island resident, addressed the Board with his concerns in the property value increase and asked the millage rate be re-considered. Com. Barnes advised (he public (hat the vast increase is due to the rise in population and this constitutes a need lor more courts and law enforcement. Mr. Mitch Sheck, Port St. Lucie resident, inquired if the fom1s were audited and expressed confusion with his lrimnoticc. The Management and Budgel Director reviewed the (rim notice and whal the columns represented. -1- \w "-" , The County Administrator advised those present of the referendum where the Florida voters approved Article V, Revision 7 which places the cost of the court system back on the State of Florida. He explained why the correctional officers salaries were shifted to the general fund. Mr. Ray Tracey, Port St. Lucie resident, addressed the time of the meeting and asked why not schedule them later. I-Ie also addressed the increase in taxes. Unidcntifiqd resident, addressed the Board in opposition to the increase in taxcs. Mr. George Edwards re-addressed the Board on the qualifications of the senior exemption. 5. The Management and Budgct Director read the millage rates and (he budgets. A. The Rolled Back Rate is 7.7364 B. The Management and Budget Director read the millages under the BCC. Proposed fund budgets are listed. GENERAL FUND FINE & FORFEITURE FUND MILLAGE BUDGET 4.0728 82,585,416 3.5066 44,979,186 OPERATING FUNDS WITH MILLAGES: DEBT SERVICE FUNDS: ENVIRONMENTAL LAND I & S PORT I&S SOUTH COUNTY REGIONAL STADIUM COMMUNICATION SYSTEM I & S 5 YEAR BUILDING BOND 1 & S BECKER ROAD I & S BEACH BOND I & S TOURISM DEV 4TH CENT I & S RIVER BRANCH I & S 0.1380 0.0240 1,993,693 546,740 55,042 1,294,036 7,282,658 415,927 27,460 931,358 40,987 OTHER FUNDS WITHOUT MILLAGES: SPECIAL REVENUE FUNDS: TRANSPORTATION TRUST FUND GRANTS & DONATIONS LIBRARY SPECIAL GRANTS FUND ADDITIONAL COURT COSTS DRUG ABUSE TRUST FUND PORT AND AIRPORT FUND PORT MSBU PLAN MAINTENANCE R.A.D. 5TH CENT TOURIST DEVELOPMENT FUND COURT FACILITIES FUND COURT FACILITIES FUND - COURT COSTS COURT ADMINISTRATION 19TH CIRCUIT HOUSING FINANCE AUTHORITY ENVIRONMENTAL LANDS HOUSING ASSISTANCE SHIP PROGRAM BOATING IMPROVEMENT PROJECTS BLUEFIELD RANCH IMPROVEMENT FUND 36,789,071 337,964 305,600 281,120 24,528 10,013,564 153,485 253,200 412,270 1,019,655 126,504 2,033,639 65,084 66,821 1,325,000 351,679 107,655 -2- \",.-- ".",;' CAPITAL OUTLAY FUNDS: SOUTH COUNTY REGIONAL STADIUM BEACH BOND IMPACT FEES FUND 5 YEAR BUILDING BOND FUND FUND COUNTY & TRANSPORTATION CAPITAL LAKEWOOD PARK CAPITAL FUND PORT DEVELOPMENT CAPITAL SPORTS COMPLEX IMPROVEMENTS MSBU IN-HOUSE LOAN FUNDS ENVIRONMENTAL LAND CAPITAL TREASURE COVE/OCEAN HARBOR CAPITAL KING ORANGE 2 MSBU CAPFrAL SKYLARK 2 MSBU CAPITAL REVELS LANE MSBU CAPITAL AIRPORT INDUSTRIAL PARK CAPITAL LENNARD RD MSBU (ROAD) CAPITAL LENNARD RD MSBU (WATER) CAPITAL LENNARD RD MSBU (SEWER) CAPITAL GREY TWIG MSBU CAPITAL 23,250 260,209 10,772,342 740,265 23,522,793 3,361 220,670 477,460 699,898 8,339,134 145,349 164,235 149,142 186,584 788,000 949,609 235,849 110,095 173,503 ENTERPRISE FUNDS: SOLID WASTE OPERATIONS GOLF COURSE SPORTS COMPLEX BUILDING CODE FUND HEW UTILITIES NO HUTCHINSON UTILITIES NO HUTCHINSON UTILITIES RENEWAUREPL. NO HUTCHINSON UTILITIES CAPITAL SO HUTCHINSON UTILITIES SOUTH HUTCHINSON FUND R&R FUND HOLIDAY PINES OPERATIONS HOLIDAY PINES RENEWAUREPL. HOLIDAY PINES CAPITAL 23,080,978 2,313,847 1,406,756 3,771,332 113,983 2,672,441 186,956 2,399,238 2,160,818 787,342 1,124,032 78,072 912,147 INTERNAL SERVICE FUNDS: INSURANCE & LOSS 14,638,355 TRUST FUNDS: TWO-CENT TOURIST DEVELOPMENT ONE-CENT TOURIST DEVELOPMENT LAW ENFORCEMENT TRUST FUND LAW LIBRARY ARTS IN PUBLIC PLACES TRUST FUND SLC ECONOMIC DEV TRUST FUND FFA ROAD MSBU FUND (DEBT SERVICE) SOUTH HUTCHINSON FUND (DEBT SERVICE) DRIFTWOOD MANOR FUND (DEBT SERVICE) KING ORANGE MSBU (DEBT SERVICE) LOST TREE ESTATES MSBU (DEBT SERVICE) ANITA STREET MSBU (DEBT SERVICE) TIMBERLAKE ESTATES MSBU (DEBT SERVICE) BRIARGATE ESTATES MSBU (DEBT SERVICE) ROUSE ROAD MSBU (DEBT SERVICE) NORTH A1A MSBU (DEBT SERVICE) IDEAl,. HOI,.OINQ ROAD MSaU (DEBT SERVICE) WESTQI,.EN MSBU (DEBT SERVICE) RAINTREE FOREST MSBU (DEBT SERVICE) RIVER BRANCH EST MSBU (DEBT SERVICE) GREY TWIG MSBU (DEBT SERVICE) 834,444 580,820 235,319 205,000 285,456 367,075 33,849 3,550,944 16,471 39,206 6,634 4,983 32,443 3,259 19,503 14,053 14,377 12,600 10,530 17,021 25,379 6. BOARD DISCUSSION -3- , '-' , ,..", Com. Cowarù stated he had requested a workshop at a previous meeting to disellss the unallocated funds. With the accumulative effect it is having on the taxpayers, he believes some trimming is needed on the budget. Com. Barnes reminded everyone about the time spent on the budget process and the weeks that have passed since then. He stated the increased funds are for law enforcement and unless this is the budgct they are planning to trim, this recommendation should have been made when the Sheriff's budget was before the Board for discussion. Com. Coward stated he had requested a certain amount be deducted from the Sheriffs budget during the process and it was placed in the una1located funds area. The County Administrator reminded the Board that it was recommended they look at what facilities they wish to provide at the parks and whether or not these funds would be utiJized for those projects. Com. Coward stated he had requested a final budget workshop take place some time ago. Com. Lewis stated that slw did not have a problem with scheduling a workshop before the final session, however, as a homeowner and a taxpayer and she too lives in the city and is looking at substantial increases, and while keeping the millage rate lower sounds wonderful, and she must look at the fact that if not one more person moves to this county there arc things she must do. There are bridges that will need repair, roads that need to be built, a jail which needs to be expanded, and if no more money is given that what they had last year, how are these things going to get done? She would like to move ahead with today's agenda and schedule a workshop before Thursday. She felt this was not the day to be making changes. Com. Coward stated he concurred with Com. Lewis' remarks and was not advocating going back on the roll back rate, but, there were huge deficits that were not dealt with in the past and the issues raised are things inherited they needed to deal with, but felt there were areas at which they could do better. He believes with the unallocated funds a little more trimming can be done and not only for seniors, but for everyone. The County Administrator advised the Board that should one million dollars be cut from the budget, it would lower the taxes by. $3.00 per household. Com. Hutchinson stated she would agree to have the workshop because she does not agree with keeping unallocated funds available, she would prefer to allocate them for use. Com. Hutchinson asked if [he Board woulù support asking staff to set a goal to try and look at rolling back the ratcs in the upcoming years budget. . Com. Barnes reminded the Board that big money is in law enforcement, jail and the court system. This is where the reductions would need to come if there was to be one and he believes the public is telling the Board they do not want public safety to be jeopardized. Com. Coward stated he wanted to go back and look specifically at the dollars which have not been allocated. 7. It was movcd by Com. Lcwis, to adopt (he tentative millages as read; seconded by Com. Bruhn; and, upon roll call, motion carried unanimously. 8. It was moved by Com. Hutchinson, seconded by Com. Lewis to adopt the budgets for funds under the County Commission; and, upon roll call, motion carried unanimously. -4- ~ ....", , 9. MILLAGES AND SPECIAL DISTRICTS SPECIAL DISTRICTS: STREET LIGHTING DISTRICTS #1 RIVER PARK I #2 RIVER PARK II #3 HARMONY HEIGHTS 3 #4 HARMONY HEIGHTS 4 115 SHERATON PlAZA #6 SUNLAND GARDENS #7 SUNRISE PARK #8 PARADISE PARK #9 HOLIDAY PINES #10 THE GROVE #11 BLAKELY SUBDIVISION #12 INDIAN RIVER ESTATES #13 QUEENS COVE #16 PALM GROVE #126 SOUTHERN OAKES 0.4389 0.8403 0.9949 0.7972 1.1855 0.7167 0.7927 1.0236 0.2282 0.1243 1.9996 0.1393 0.1043 . 0.5346 0.6215 40,211 8,769 4,086 7,719 . 8,592 8,508 2,755 10,388 11,844 3,082 1,537 14,055 4,652 10,801 2,445 It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the miIlages for the Special Districts as read;. and, upon roll call, motion carried unanimously. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the proposed tentative budgets for the Special Districts; and, upon roll call, motion carried unanimously. 10. MILLAGES AND BUDGETS MUNICIPAL SERVICE TAXING DISTRICTS UNINCORPORATED AREA MSTU STORM WATER MSTU LAW ENFORCEMENT MSTU PARKS M.S.T.U. TRANSIT M.S.T.U. MONTE CARLO LIGHTING MSTU #4 PALM LAKES GARDENS MSTU PINE HOLLOW STREET LIGHTING MSTU KINGS HIGHWAY INDUSTRIAL PARK LIGHTING 0.5256 0.4108 0.3681 0.2500 0.0900 0.5165 0.5135 6,168,427 8,728,765 1,881,942 2,726,004 930,663 20,566 2,315 10,296 26,547 It was moved by Com. Lewis, seconded by Com. Coward to approve the Millages for the Muncipal Service Taxing Districts; and, upon roll call, motion carried unanimously. It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Tentative Budgets fir the Municipal Service Taxing Districts; and, upon roll call, Motion can"ied unanimously. 11. RECESS AS THE BOARD OF COUNTY COMMISSIONERS -5- , '- ,. FY04 ERRATA SHEET Changes to the tentatively approved budget ....." Revenue Expenditure 1 Community Services 001157-6420·331691-400 Dept. of Health & Human Srves 001157-6420-549605-400 Domestic Subsidy FY04 Grant award higher than Inillal budget estimate 2 Parks & Rees - Museums 001281-7910-334713-700 Division of Historical Resources 001281-7910-563000-700 imp. OfT Buildings Extension approved to carry the grant budget into FY04 3 Cultural Affairs 001163-7310-331740-700 Nat'i Endowment for Humanities 001163-7310-534000-700 Other Contractual Services New grant to be added to FY04 budget 4 Community Services 001146-4910-331421-400 FTA 001146-4910-582015-400 Council on Aging Part of the grant completed In FY03·!ower FY04 budget carryover Š Sheriff 107134-2110-331210-200 Dept. of Justice 107134-2110-591900-200 Transfer to Sheriff New grant to be added to FY04 budget 6 Mosquito Control 145113-6230-331393-6950 National Oceanic & Atmos. Adm 145113-6230-563000-6950 Improvements OfT Bultdlngs FY04 ëxtenslon granted for a au"ent project 7 Mosquito Control 145114-6230-331393-6950 National Oceanic & Atmo., Adm 145114-6230-563000-6950 Improvamants OfT Bultdlng. New grant to be added to FY04 budget 8 Mosquito Control 145816-6230-337310-6950 National Oceanic & Almas. Adm 145816-6230-563000-6950 Improvements OfT Buildings FY04 Extension granted for a aurrent project 9 Medical Examiner 107-2710-581080-200 Medical Examiner 107-9910-599900-800 Encumbrances Carried Forward Medical Examiner reduced his budget on 7/24103 G:IBudgetIQuattroIFY04IGeneraII04Errata.xls $28,087 $30,000 $24,703 ($550,000) $58,370 $31,800 $50,000 $5,704 $28,087 $30,000 $24,703 ($550,000) $58,370 $31,800 $50,000 $5,704 ($15,719) $15,719 9/10/2003 ~ FY04 ERRATA SHEET Changes to the tentatively approved budget 10 Beach Bond Fund 205 205-0000-389902-000 Fund Balance Forward 205-0000-311200-000 Delinquent Taxes 205-9910-599300-800 Reserves 205-8110-591000-800 Transfer to Other Funds 184-0000-381100-000 Tranfers In 184-9910-599300-800 Reserves Due to hlghsr than anticipated FY03 collecllon of delinquent taxes, we need to Increase the cash ca"ied forward into FY04. We also need to anticipate a small amount of delinquent tax collections In FY04. We plan to transfer out up to 50K from this fund into Erosion Fund 184. 11 New Horizons The Board approved $36,213 more then the Recommended FY04 budget and instructed New Horizons to resubmit their FY04 Request. The modified request showed only $29,674 more than the Recommended Budget. Net difference of $6,639 has been placed in Reserves. """" $22,540 $5,578 $50,000 12 Parks MSTU 129-7240-384200-76019 Proceeds From Loans $3,562,577 129-7240-563000-76019 Improvemenls orr Buildings This budgets the remaining funds available to be drawndown on the $7,500,000 Improvement Revenue Note, Series 2003 with Sun Trust 13 Building Code Fund 491-2415-534000-200 Other Contractual Services 491-9910-599300-800 Reserves To roll the amount budgeted for the new Permitting System Upgrade 14 Library 001-9910-599900-800 Encumbrances Carried Forward 001-7110-563000-800 Improvements orr Bldgs To provide funds in the appropriate account for an.encumberance roll from FY03 to FY04 15 Building Bond Fund 215 215-0000-381100-000 Transfer In $758,244 215-9950-571000-800 Prlnclpal- Bonds 215-9950-572000-800 Interest 310003-1930-591000-26003 Transfer to other Funds 310003-1930-562000-26003 Bldg-Construct New Corr Pods 310003-2330-591000-16012 Transfer to other Funds 310003-2330-562000-16012 Bld9-Const New Clerk of Ct Bldg Due /0 recenlly refunded building bonds and issuence of new bonds, It is necessery to adjust the Building Bond Fund inciuding transfers of funds from Building Impact Fees for the Court building and funds from Corrections Impact Fees fOfthe jail pods. G:\BudgetIQuattroIFY04IGeneral\04Errata.xls \ \ \ ($21,882) $50,000 $50,000 $3,562,577 $12,500 ($12,500) ($15,000) $15,000 $115,000 $643,244 $251,551 ($251,551) $506,693 ($506,693) 9/1012003 I¡ "'" ; 16 County Building Fund 315 315-0000-389902-000 315-1930-562000-16012 315-1930-562000-1605 315-2330-562000-26003 315-3600-563000-36214 315-4115-563000-410045 315-4115-599330-410045 315-4115-599300-410045 315-4115-563000-41002 315-4115-563000-41002 315-4115-509330-41002 315-7420-562000-76550 WÚfYÓ4·'ERRA TASHEET d',.: .. .>' '...,..'_'_....::.' '__.' ,,' .",.,' '",' Changes to the' tentatively approved budget Fund Balance Forward Building - Construct New Clerk of Ct Bldg Building - Walton Road Annex Building - Construct 2 New Correctional Pods Improv other than Bldgs - Walmart-WaterlWaste Uti! Improv other than Bldgs -Glades/Midway InterlWalmart Project Reserves -Glades/Midway InterlWalmart Reserves -Glades/Midway InterlWalmart Improv other than Bldgs -So Jenkins Rd Ext/Walmart Improv 0/tß1doo/Soll Test -So Jenkins Rd ExVWalmart Project Reserves -So Jenkins Rd ExVWalmart Building. Fairgrounds/Equestrian Center ....."", $26,650,170 To rellect increase in fund balance in fund 315 due to ioan proceeds from the Sales Tax Refunding and Revenue Bonds which took place In FY2002-03, $3,843,300 $2,156,000 $15,000,000 $572,962 $1,580,919 $450,706 $797,479 $1,565,480 $35,000 $158,324 $490,000 17 Sports Complex Fund 461 461-0000-389902-000 Fund Balance Forward $467,000 461-75201-546200-700 Maintenance Improvement Project $467,000 To reflect increase in fund baiance forward due to Interfund loan In FY02-03 from General Fund to cover expenses for lighting upgrade at the Sports Complex. 18 Airport Fund 140 140-991 0-599300-800 Reserves 140-8110-591000-800 Transfer to other funds To reflect transfer of water connection fees coilected at the airport into the new SLC airport utility district. 19 AIrport Utility-Capital Facility Fund 489 489-0000-381100-000 Transfers In 489-3600-343353-300 Water Connection Fees 489-3600-343553-300 Sewer Connection Fees 489-3600-563000-300 Improvements other than bldgs 489-3600-599330-300 Project Reserves To reflect Increase in revenues due to transfer of water connection fees previously collected at the airport into the new Airport Utility District - Capital Facility Fund 489 and to establish FY03-04 budget for the fund. 20 Airport Utilities Clstrlct 481 481-3600-343610-300 481-1300-512000-100 481-1300-515000-100 481-1300-521000-100 481-1300-521100-100 481-1300-522000-100 481·1300-523000-100 481-1300-523050-100 481-1300-523100-100 481-1300-524000-100 481-1300-525000-100 481-1300-531000-100 481-1300-534100-100 481-1300-540000-100 Water/Sewer Operating Saiaries Special Pay FICA FICA Mandatory Retirement Group Health Group Health Admin Fee Life Insurance Workers Comp Unemployment Professional Services Automated Services Travol G:1BudgetIQuattroIFY04IGenerall04Errata.xls , $48,154 $6,153 $9,886 $86,400 ($48,154) $48,154 $48,154 $16,039 $2,143 $20 $242 $55 $275 $1,148 $34 $22 $142 $21 $380 $1,423 $180 9/10/2003 '- 481-1300-540010-100 481-1300-541000-100 481-1300-541030-100 481-1300-541300-100 481-1300-544100-100 481-1300-545000-100 481-1300-546000-100 481-1300-546005-100 481-1300-547000-100 481·1300-547005-100 481-1300-549110-100 481-1300-551000·100 401·1300-551200·100 401·1300-551501-100 481·1300·552000-100 481-1300-552500·100 481-1300·554000·100 481-1300-554100-100 481-1300-554200-100 ....." . FY04ERRATA SHEET Changès to the tentatively approved budget Travel· Car allowance Communications . Pocket Pagers Postage Equipment Rental Ins & Bonds - Specific Policies Equipment Maintenance Equip Maint Central Garage Printing/Binding Printing/Binding Material Center Gen and Admin Charge . Office Supplies Equlpmonlless then $750 Offico Suppllos . CompuIer Opomllng Supplies Gas, 011 & Grease Dues & Memberships Books and Subscriptions Training and Registration $12 $360 $10 $88 $230 $110 $2,000 $24 $10 $28 $2,566 $140 $50 $110 $10 $40 $30 $24 $63 481-3600-531000-300 Professional Services 481-3600-534000-300 Other Contractual Services 481-3600-543000-300 Utilities 481-3600-543410-300 Siudge Removal 481-3600-549300-300 Licenses and Fees 481-3600-549990-300 Misc Expenses 481-3600-549991-300 Bad Debt Expense 481-3600-551200-300 Equipment less than $750 481-3600-552000-300 Operating Supplies 481-3600-552081-300 Purchased Water 481-0010-500300-800 Rosorvos To establish the budget for the new Airport utility d!strict and appropriate operating expenditures. . $5,000 $18,000 $11,000 $800 $1,000 $500 $500 $1,000 $200 $36,000 $410 21 Impact Feos 310001-0000-363271-000 Impact Fees Lib - District A 310001-0000-363272-000 Impact Fees Lib - District B 310001-0000-389903-000 Less 5 percent 310001-7110-563000-700 Improv other than Bldgs To increase estimated Library impact fee revenues for FY03~04. $5,S94 $441,50S ($22,370) $425,032 $14,132 $340,009 ($17,707) $336,434 $701,442 $130,229 ($41,584) $666,370 $123,717 310002-0000-363275-000 Impact Fees Parks - District A 310002-0000-363276-000 Impact Fees Parks - District B 310002-0000-389903-000 Less 5 porcent 310002-7210-563000-700 Improv other than Bldgs To increase estimated Parks Impact fee revenues for FY03-04. 310003-0000·363291-000 Impact Fees Public Bldgs " Correctional 310003-0000-363292-000 Impact Fees Public Bldgs - Other Public Bldgs 310003-0000-389903-000 Less 5 percent 310003-2330-562000-200 Buildings 310003-1930-562000-100 Buildings To increase estimated Public Bldgs impact fee revenues for FY03-04. G:\Budget\Quattro\FY04 \General\04Errata.xls ---..-... 9/10/2003 . '- ....." " FY04 ERRATA SHEET Changes to the tentativelŸ approved budget 28 Arts In Public Places Fund 665 665-1930-381100-100 Transfers in 665-3600-381100-300 Transfers in 665-3725-381100-300 Transfers in 665-4115-381100-400 Transfers in 665-4112-381100-400 Transfers in 665-4113-381100-400 Transfers in 665-4210-381100-400 Transfers In 665-7420-3811 P0-700 Transfers in 665-7240-381100-700 Transfers in 665-7210-381100-700 Transfers In 665-1930-563032-100 Imp other than Bldgs - Arts in Public Places 665-3600-563032-300 Imp other than Bldgs . Arts iri public Places 665-3725-563032-300 Imp other than Bldgs· Arts In Public Places 665-4115-563032-400 Imp other than Bldgs . Arts In PUblic Placos 665-4112-563032-400 Imp other than Bldgs· Arts In Public Places 665-4113-563032-400 Imp other than Btdgs . Arts In Public Places 665-4210-563032-400 Imp other than Bldgs - Arts In Public Places 665-7420-563032-700 Imp other than Bldgs - Arts In Public Places 665-7240-563032-700 Imp other than Bldgs - Arts In Public Places 665-7210-563032-700 Imp other than Bldgs - Arts In Public Places To set up transfers from project funds into the Arts in Public Places trust fund as per AIPP ordinance. !9 General Fund (Infonnation Technology) 001-1955-512000-100 Salaries 001-1955-512000-100 FICA 001-1955-512000-100 FICA Mandatory 001-1955-512000-100 Retirement 001-1955-512000-100 Group Insurance 001-1955-512000-100 Group Health - Admin Fee 001-1955-512000-100 Life Insurance 001-1955-512000-100 Worke~s Compensation 001-1955-512000-100 Unemployment Compensation 001-9910-599330-100 Project Reserves To reduce IT personnel by ane Network/Desktop TechnicIan as a result of the Sherlfrs Office reducin9 funding for IT support. $231,073 $10,787 $8,000 $51,343 $5,000 $800 $5,979 $20,000 $3,753 $4,861 30 Environmental Land Capital Fund 382-0000-389902-000 Fund Balance Forward $3,000,000 382-3915-561000-300 Land To refloct Increase In fund balance forward from loan proceeds to cover land acqulsillon. 31 Information Technology 001-1955-563000-100 001-9910-599330-100 Improvements orr Buildings Project Reserves COMBINED TOTAL $36,238,515 . G:\Budget\QuattroIFY04\General\04Errata.xls , $231,073 $10,787 $8,000 $51,343 $5,000 $800 $5,979 $20,000 $3,753 $4,861 ($40,017) ($2,481) ($580) ($3,345) ($10,496) ($262) ($264) ($236) ($132) $57,813 $3,000,000 $21,000 ($21,0001 $36,238,515 9/10/2003 ) . ~ ....., RESOLUTION NO. 03-215 A RESOLUTION ADOPTING A TENTATIVE MILLAGE RATE FOR FISCAL YEAR 2003-2004 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. 'On September 11,2003, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the Board of County Commissioners held a public hearing to consider adopting the tentative millage for fiscal year 2003-2004 and adopted the tentative millage. 2. On September 11,2003, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the St. Lucie County Mosquito Control District, a dependent taxing district of this Board, held a public hearing to consider adopting the tentative millage for fiscal year 2003-2004 and adopted the tentative millage. 3. On September 11,2003, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the St. Lucie County Erosion DIstrict, a dependent taxing district of the Board, held a public hearing to consider adopting the tentative millage for fiscal year 2003-2004 and adopted the tentative millage. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The following are hereby adopted as the tentative millage rates for fiscal year 2003-2004: BOARD OF COUNTY COMMISSIONERS MILLAGE RATES General Fund 4.0728 Fine & Forfeiture Fund 3.5066 Port Property Bond I&S 0.0240 Environmental Land I&S 0.1380 SPECIAL TAXING DISTRICTS #1 River Park I 0.4389 #2 River Park II 0.8403 #3 Harmony Heights III 0.9949 #4 Harmony Heights IV 0.7972 #5 Sheraton Plaza 1.1855 #6 Sun land Gardens 0.7167 #7 Sunrise Park 0.7927 #8 Paradise Park 1.0236 #9 Holiday Pines 0.2282 #10 The Grove 0.1243 ""' '--' #11 Blakely Subdivision XI 1.9996 #12 Indian River Estates 0.1393 #13 Queens Cove 0.1043 #16 Palm Grove 0.5346 #126 Southern Oaks Estates 0.6215 MUNICIPAL SERVICE TAXING UNITS Unincorporated Area Services 0.5256 Stormwater 0.4108 Law Enforcement 0.3681 Parks MSTU 0.2500 Transportation MSTU 0.0900 Monte Carlo/Meadowood 0_5165 Palm Lake Gardens 0.5135 MOSQUITO CONTROL DISTRICT Mosquito Control Fund 0.2757 EROSION DISTRICT Operating Erosion Zone E 0.1000 AGGREGATE MILLAGE (excludes interest and sinking fund levies on voter approved indebtedness) 8.9503 B. The proposed aggregate millage rate to be levied is greater thatn the roll-back rate as computed pursuant to Section 200.065(1), Florida Statutes by 15.69%. , ~ v RESOLUTION NO. 03-216 A RESOLUTION ADOPTING A TENTATIVE BUDGET FOR FISCAL YEAR 2003-2004 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On September 11, 2003, after TRIM notices were mailed to all property owners pursuant to Section 200_0?9, Florida Statutes, the Board of County Commissioners held a public hearing to consider adopting the tentative budget for fiscal year 2003-2004 and adopted the tentative budget. 2. On September 11, 2003, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the St. LucIe County Mosquito Control DistrIct, a dependent taxing district of this Board, held a public hearIng to consIder adopting the tentative budget for fiscal year 2003- 2004 and adopted the tentative budget. 3. On September 11, 2003, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the St. Lucie County Erosion DIstrIct, a dependent taxing district of the Board, held a public hearing to consider adopting the tentative budget for fiscal year 2003-2004 and adopted the tentative budget. . NOW, THEREFORE, BE IT RESOLVED by the Board of County CommissIoners of St. LucIe County, Florida: A. The following Is hereby adopted as the tentative budget for fiscal year 2003-2004: BOARD OF COUNTY COMMISSIONERS BUDGET AMOUNT OPERATING FUNDS WITH MILLAGES GENERAL FUND FINE & FORFEITURE FUND $82,585,416 $44,979,186 DEBT SERVICE FUNDS BEACH BOND I & S FUND PORT I & S FUND ENVIRONMENTAL LAND I & S FUND SOUTH COUNTY REGIONAL STADIUM I & S FUND COMMUNICATIONS SYSTEM I & S 5YR BUILDING BOND I & S FUND BECKER ROAD I & S TOURISM DEV 4TH CENT I & S FUND RIVER BRANCH I & S FUND $27,460 $546,740 $1,993,693 $55,042 $1,294,036 $7,282,658 $415,927 $931,358 $40,987 C:ITEMP\03·216TBUDGET.DOC , '- .'WI' SPECIAL REVENUE FUNDS TRANSPORTATION TRUST FUND GRANTS AND DONATIONS FUND LIBRARY SPECIAL GRANTS FUND ADDITIONAL COURT COSTS FUND DRUG ABUSE FUND PORT AND AIRPORT PORT MSBU DEVELOPMENT FUND PLAN MAINTENANCE RAD 5TH CENT TOURISE DEVELOPMENT FUND COURT FACILITIES COURT FACILITIES FUND - COURT COSTS COURT ADMINISTRATOR HOUSING AUTHORITY ENVIRONMENTAL LANDS HOUSING ASSISTANCE SHIP PROGRAM BOATING IMPROVEMENT PROJECTS BLUEFIELD RANCH IMPROVEMENTS CAPITAL FUNDS SOUTH COUNTY REGIONAL STADIUM BEACH BOND IMPACT FEE FUNDS FIVE YEAR BUILDING BOND FUND COUNTY & TRANSPORTATION CAPITAL LAKEWOOD PARK CAPITAL FUND PORT DEVELOPMENT CAPITAL FUND SHI WASTEWATER TREATMENT SPORTS COMPLEX IMPROVEMENTS FUND MSBU IN-HOUSE LOAN FUNDS ENVIRONMENTAL LAND CAPITAL TREASURE COVE/OCEAN HARBOR CAPITAL KING ORANGE 2 MSBU CAPITAL SKYLARK 2 MSBU CAPITAL REVELS LANE MSBU CAPITAL AIRPORT IND PARK CAPITAL LENNARD ROAD (ROAD) MSBU CAPITAL FUND LENNARD ROAD (WATER) MSBU CAPITAL FUND LENNARD ROAD (SEWER) MSBU CAPITAL FUND GREY TWIG MSBU CAPITAL ENTERPRISE FUNDS SOLID WASTE GOLF COURSE SPORTS COMPLEX BUILDING CODE FUND HEW UTILITIES NO. HUTCHINSON UTILITIES NO. HUTCHINSON R&R NO. HUTCHINSON CAPITAL SO. HUTCHINSON UTILITIES FUND 50. HUTCHINSON R&R FUND HOLIDAY PINES OPERATIONS HOLIDAY PINES R & R HOLIDAY PINES CAPITAL INTERNAL SERVICE FUNDS INSURANCE & LOSS TRUST AND AGENCY FUNDS TWO CENT TOURIST DEVELOPMENT ONE CENT TOURIST DEVELOPMENT-ADV C:\TEMPI03-21 ßTBUDGET.DOC $36,789,071 $337,964 $305,600 $281,120 $24,528 $10,013,564 $153,485 $253,200 $412,270 $1,019,655 $126,504 $2,033,639 $65,084 $66,821 $1,325,000 $351,679 $107,655 $23,250 $260,209 $10,772,342 $740,265 $23,522,793 $3,361 $220,670 $0 $477,460 $699,898 $8,339,134 $145,349 $164,235 $149,142 $186,584 $788,000 $949,609 $235,849 $110,095 $173,503 $23,080,978 $2,313,847 $1,406,756 $3,771,332 $113,983 $2,672,441 $186,956 $2,399,238 $2,160,818 $787,342 $1,124,032 $78,072 $912,147 $14,638,355 $834,444 $580,820 ..... ., LAW ENFORCEMENT TRUST FUND LAW LIBRARY ARTS IN PUBLIC PLACES SLC ECONOMIC DEVELOPMENT F.F.A. ROAD SOUTH HUTCHINSON DRIFTWOOD MANOR KING ORANGE MSBU LOST TREE ESTATES MSBU ANITA STREET MSBU TIMBERLAKE ESTATES MSBU BRIARGATE ESTATES MSBU ROUSE ROAD MSBU NORTH A1A MSBU IDEAL HOLDING ROAD MSBU WESTGLEN MSBU RAINTREE FOREST MSBU RIVER BRANCH ESTATES MSBU GREY TWIG MSBU $235,319 $205,000 $285,456 $367,075 $33,849 $3,550,944 $16,471 $39,206 $6,634 $4,983 $32,443 $3,259 $19,503 $14,053 $14,377 $12,600 $10,530 $17,021 $25,379 . SPECIAL TAXING DISTRICTS #1 RIVER PARK I FUND #2 RIVER PARK II FUND #3 HARMONY HEIGHTS 3 FUND #4 HARMONY HEIGHTS 4 FUND #5 SHERATON PLAZA FUND #6 SUN LAND GARDENS FUND #7 SUNRISE PARK FUND #8 PARADISE PARK #9 HOLIDAY PINES FUND #10 THE GROVE #11 BLAKELY SUBDIVISION FUND #12 INDIAN RIVER ESTATES FUND #13 QUEENS COVE LIGHTING DISTRICT #16 PALM GROVE FUND #126 SOUTHERN OAKS ESTATES LIGHTING $40,211 $8,769 $4,086 $7,719 $8,592 $8,508 $2,755 $10,388 $11,844 $3,082 $1,537 $14,055 $4,652 $10,801 $2,445 MUNICIPAL SERVICE TAXING UNITS UNINCOPORATED SERVICES MSTU FUND STORMWATER MSTU FUND LAW ENFORCEMENT MSTU PARKS MSTU TRANSIT MSTU MONTE CARLO liGHTING MSTU #4 PALM LAKE GARDENS MSTU FUND PINE HOLLOW MSTU KINGS HIGHWAY INDUSTRIAL PARK liGHTING $6,168,427 $8,728,765 $1,881,942 $2,726,004 $930,663 $20,566 $2,315 $10,296 $26,547 MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL FUNDS MOSQUITO CONTROL STATE FUNDS $3,135,477 $46,945 EROSION DISTRICT EROSION DISTRICT TOTAL BUDGET: $4,939,011 $332,493,155 ._,.~....- -. After motion and second, the vote on this resolution was as follows: Chair Cliff Barnes Vice Chair Paula A. Lewis Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson C:\TEMP\03-216TBUDGET.DOC , "" WI/! . Reconvene as the Board of County Commissioners. 1. It was moved by Com. Hutchinson to approve Resolution No. 03-214 with the caveat that there is support from the Board to give staff direction to entertain setting the goal and 'attempt to reach it this upcoming year and drop the rate for next year; Com. Barnes stated he would vote against this motion. He stated this was not a realistic goal since it was well known the cost would not be reduced in the future for law enforcement and the jail expansion and this was discussed at budget worksessions. Com.. Coward stated he also would be voting against this motion due to the fact he felt the merit behind this is sound, but does not feel this policy issue should be brought into the motion itself and would rather have the issue discussed at the workshop as opposed to building in a policy decision without having the Board having had the chance to look at the broader issue. Com. Lewis stated she found it disturbing having a policy issue. It is a worthy goal, however, she cannot commit to it as part of a motion tacked on to the tentative millage. While she understands that no one wants to increase taxes , yet the costs of nmning a county increases whether we want it or not. She will not be voting for this motion. Upon roll call, the vote was as fol1ows: Nay: Bruhn, Lewis, Coward, Barnes; Aye: Il1Itchinson; motion denied by a vote 01'4 (0), I. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 03-215 a resolution fixing Fy2003-2004 Tentative Millage Rates; and upon roll call, the vote as follows; Nay: Hutchinson; Aye's: Lewis, Bruhn, Coward, Barnes; motion carried by a vote of 4 to 1. 2. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 03-216; a resolution fixing Fy 2003-2004 Tentative Budget; and upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. . Chainnan Clerk of Circuit Court -6- , '-' ....." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA FINAL 200]/04I3UDGET PUI3L1C III1ARING Dale: September 18, 200] Tape: I Convcned: 5:05 p.m. Adjourned: 6:00 p.m. Commissioners Present: Chainnan, Cliff Barnes, Paula Lewis, John D. Bruhn,(absent) Frannie Hutchinson, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, M & B Director, Millie Delgado-Feliciano. Deputy Clerk I. The County Administrator made a -prcscntation on how the eoun(y's millage ra(e is obtained. He also reviewed the budget i.e. the General Fund and the Fine and Fnrli:iture Fund. The County Administrator advised those p,'esent that only $2,000,000, is collected from fines. In a $56,000,000 budget only $2,000,000 of this figure is funded by fines. The bulk is funded by the millage rates. The cost of Law Enforcement and the court system is rising rapidly due to (he increase in population. The Fine and Forfeiture Fund are watched closely. The Management and Budget Director addressed the agenda and advised the Board of a change in the budget books received for the tentative budget hearing as well as a budget increase for the public's review. 2. The Millage Rate was discussed by the Managcment & Budget Dircctor. 3. Thc Managemcnt and Budget Director addressed thc reviscd ERRATA shcet and advised thcm the revision was duc to the addition of one change which was previously discussed with each Board member regarding Forensics of New Horizons. These dollars were placed in the budget, it does not mean they are allocated for this purpose, but will remain until the contract is brought before the Board for approval. Also a«aehed is a budget approved by the Department of Revenue for the Property Appraiser budget. It mainly dealt with the increase of the retirement rate and other changes at a total 'of $25,000. These dollars were taken from encumbrances brought forward. The Management and Budget Director addressed the Rolled Back Rate. She advised those present of last year's aggregate millagc rate of 8.5317 and the rolled back rate fÒr this current year is 7.7364. The proposed aggregate millage is 8.9503, this is an increase of .4186 over for 2002-03 and over the rolled back rate aggregate millage of 1.2139 which is the percent increase in aggregate millage over the roll back of 15.(¡')'X,. The aggregate millage is 7.7]!>4. 4. A public hearing was held on the final budget Jar Fiscal Year 2003/04. Public Comments Received: -1- '-' ....." Mr. Mike Remmel', new St. Lucie County resident, addressed the increase in the aggregate millage. He felt the accurate percentage increuse was 20%. He asked how this increase could be initiated without voter ·approval. Mr. .Gcorge~dw.al·ds, 1~705 S. I11di.l\!\ River Drive, addl'cssed the Board it1 opposition to the tllerease In his tax bill and conlinued to question the pel'celllt1ge or increase as nOlell by the Munaget11ent and ßudget Dircc(or. 5. The Management and Budget Director read the millage rates and the budgets. \ p .1',' .... . OPERATING FUNDS WITH MILLAGES: GENERAL FUND FINE & FORFEITURE FUND DEBT SERVICE FUNDS: ENVIRONMENTAL LAND I & 5 PORT I&S SOUTH COUNTY REGiONAL STADIUM COMMUNICATION SYSTEM I & S 5 YEAR BUILDING BOND I & S BECKER ROAD I & S BEACH BOND I & S TOURISM DEV 4TH CENT I & S RIVER BRANCH I & S OTHER FUNDS WITHOUT MILLAGES: SPECIAL REVENUE FUNDS: TRANSPORTATION TRUST FUND GRANTS & DONATIONS LIBRARY SPECIAL GRANTS FUND ADDITIONAL COURT COSTS DRUG ABUSE TRUST FUND PORT AND AIRPORT FUND PORT MSBU PLAN MAINTENANCE R.A.D. 5TH CENT TOURIST DEVELOPMENT FUND COURT FACILITIES FUND COURT FACILITIES FUND - COURT COSTS COURT ADMINISTRATION 19TH CIRCUIT HOUSING FINANCE AUTHORITY ENVIRONMENTAL LANDS HOUSING ASSISTANCE SHIP PROGRAM BOATING IMPROVEMENT P.ROJECTS BLUE¡:IELD RANCH IMPROVEMENT FUND -2- MILLAG[i BUDGET 4.0728 3.5066 0,1380 0.0240 82,118,206 45,037,556 1,003,693 546,740 55,042 1,294,036 8,040,902 415,927 55,578 931,358 40,987 36,789,071 337,964 305,600 281,120 24,528 10,013,564 153,485 253,200 412,270 1,019,655 126,504 2,033,639 65,084 66,821 1,325,000 351,679 107,655 . . Continued... '- ....." CAPITAL OUTLAY FUNDS: SOUTH COUNTY REGIONAL STADIUM BEACH BOND tMPACT FEES FUND 5 YEAR BUILDING BOND FUND FUND COUNTY & TRANSPORTATION CAPITAL LAKEWOOD PARK CAPITAL FUND PORT DEVELOPMENT CAPITAL SPORTS COMPLEX IMPROVEMENTS MSBU IN-HOUSE LOAN FUNDS ENVIRONMENTAL LAND CAPITAL TREASURE COVE/OCEAN HARBOR CAPITAL KING ORANGE 2 MSBU CAPITAL SKYLARK 2 MSSU CAPITAL REVELS LANE MSBU CAPITAL AIRPORT INDUSTRIAL PARK CAPITAL LENNARD RD MSBU (ROAD) CAPITAL LENNARD RD MSBU (WATER) CAPITAL LENNARD RD MSBU (SEWER) CAPITAL GREY ìWlG MSBU CAPITAL 23,250 260,209 12,323,695 27,390,435 23,522,793 3,361 220,670 477,460 699,696 11,339,134 145,349 164,235 140,142 18e,584 786,000 949,609 235,849. 110,095 173,503 ENTERPRISE FUNDS: SOLID WASTE OPERATIONS GOLF COURSE SPORTS COMPLEX BUILDING CODE FUND HEW UTILITIES NO HUTCHINSON UTILITIES' NO HUTCHINSON UTILITIES RENEWAUREPL. NO HUTCHINSON UTILITIES CAPITAL SO HUTCHINSON UTILITIES SOUTH HUTCHINSON FUND R&R FUND HOLIDAY PINES OPERATIONS HOLIDAY PINES RENEWAUREPL HOLIDAY PINES CAPITAL AIRPORT UTILITIES DISTRICT OPERATIONS AIRPORT UTILITIES DISTRICT CAPITAL FUND 23,080,978 2,313,647 1,673.756 3,771,332 113,983 2,672,441 186,956 2,399,236 2,160,616 767,342 1,124,032 76,072 912,147 66,400 64,193 INTERNAL SERVICE FUNDS: INSURANCE & LOSS 14,636,355 TRUST FUNDS: ìWO-CENT TOURIST DEVELOPMENT ONE-CENT TOURIST DEVELOPMENT LAW ENFORCEMENT TRUST FUND LAW LlDRARY ARTS IN PUBLIC PLACES TRUST FUND 634,444 580,820 235,319 205,000 627,052 3./... -3- '-' Continued... SLC ECONOMIC DEV TRUST FUND FFA ROAD MSBU FUND (DEBT SERVICE) SOUTH HUTCHINSON FUND (DEBT SERVICE) DRIF1WOOD MANOR FUND (DEBT SERVICE) . KING ORANGE MSBU (DEBT SERVICE) LOST TREE ESTATES MSBU (DEBT SERVICE) ANITA STREET MSBU (DEBT SERVICE) TIMBERLAKE ESTATES MSBU (DEBT SERVICE) BRIARGATE ESTATES MSBU (DEBT SERVICE) ROUSE ROAD MSBU (DEBT SERVICE) NORTH A1A MSBU (DEBT SERVICE) IDEAL HOLDING ROAD MSBU (DEBT SERVICE) WESTGLEN MSBU (DEBT SERVICE) RAINTREE FOREST MSBU (DEBT SERVICE) RIVER BRANCH EST MSBU (DEBT SERVICE) GREY TWIG MSBU (DEBT SERVICE) The following are the votes taken on (he above slated millage rates. ....." 367,075 33,849 3,550,944 16,471 39,206 6,634 4,983 32,443 3,259 19,503 14,053 14,377 12,600 10,530 17,021 25,379 6.C General Fund: It was moved by Com. Hutchinson, seeonde'd by Com. Lewis; to approve the general fund millage rate of 4.0728; and, upon roll call, the vote was as follows: Nay: Coward; Aye's: Lewis, Hutchinson, Barnes; motion carried by a vote of3 to 1 with Com. Bruhn absent. Fine & Forfeiture Fund: It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the fine and forfeiture fund millage rate of 3.5066; and, upon roll call, the vote was .as follows: Nay: Coward, Aye's: Lewis, Huichinson, Barnes; motion carried by a vote of 3 to I with Com. Bruhn absent. Environmental Land I & S: It was moved by Com. Hutchinson, seconded by Com. Lcwis to approve the Environmcntal Land [ & S millagc rate of 0.1380; and, upon roll call; motion carried unanimously with Com. Bruhn abscnt 1'01'[ I & S: It was moved by Com. Lewis, seconded by Com. Coward to approve the Port I & S millage rate of 0.0240; and, upon roll call, motion carried unanimously. 6 D. It was moved by Com. Lewis, seconded by Com. Hutchinson to adopt the budgets for funds under the County Commission; and, upon roll call, the vote was as follows: Nay: Cowa.rd;Aye's: Lewis, Hutchinson, Ba.rnes; motion carried by a vote of3 to 1 with Com. Bmhn absent. 7, MILLAGES AND SPECIAL DISTRICTS STREET LIGHTING DISTRICTS #1 RIVER PARK I 11'2 RIVER PARK II #3 HARMONY HEIGHTS 3 114 HARMONY HEIGHTS 4 #5 SHERATON PLAZA #$ SUNLAND GARDENS #7 SUNRISE PARK #8 PARADISE PARK #9 HOLIDAY PINES #10 THE GROVE #11 BLAKELY SUBDIVISION #12 INDIAN RIVER ESTATES #13 QUEENS COVE #16 PALM GROVE #126 SOUTHERN OAKES 0.4389 0.8403 0.9949 0.7972 1.1855 0.7167 0.7927 1.0236 0.2282 0.1243 1.9996 0.1393 0.1043 0.5346 0.6215 -4- . 40,211 8,769 4,066 7,719 8,592 8,506 2,755 10,368 11,844 3,082 1,537 14,055 4,652 10,801 2,445 '-' ....." C. It was moved by Com. Coward, seconded by Com. Lewis, to approve the millages for the Special Districts as read; and, upon roll call, motion carricd unanimously with Com. Bruhn abscnt D. 1l was movcd by Com. Hutchinson, sccondcd by Com. Coward, to approve thc budgets for thc Spccial Districts; and, upon roll call, motion carricd unanimously with Com. Bruhn abscnt. X. MIU,ACìES AND BUDGETS MUNiCIPAL SERVICE TAXING DISTRICTS UNINCORPORATED AREA MSTU STORM WATER MSTU LAW ENFORCEMENT MSTU PARKS M.S.T.U. TRANSIT M.S.T.U. MONTE CARLO LIGHTING MSTU #4 PALM LAKES GARDENS MSTU PINE HOLLOW STREET LIGHTING MSTU KINGS HIGHWAY INDUSTRIAL PARK LIGHTING 0.5256 0.4108 0.3681 0.2500 0.0900 0.5165 . 0.5135 6,168,427 8,728,765 1,881,942 6,288,581 930,663 20,566 2,315 10,296 . 26,547 C. It was moved by Com. Lewis, seconded by Com, Hutchinson to approve thc Millages for the Muncipa! Servicc Taxing Districts; and, upon roll call, thc vote was follows: Nay; Coward; Aye's: Lewis, Hutchinson, Barnes; motion carried by a vote of3 to 1. with Com. Bruhn abscnt. D. [( was moved by Com. Hl,tchinson, scconded by Com. Lewis, to approvc the Budgets for the Municipal Service Taxing Districts; and, upon roll call, the votc was as follows: Nay: Coward; Aye's: Lewis, Hutchinson, Barncs; motion carricd by a vote of3 to I with Com. Bruhn absent. ~5- """ ....." RESOLUTION NO. 03-250 A RESOLUTION ADOPTING THE FINAL MILLAGE RATE FOR FISCAL YEAR 2003-2004 WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, has made the foilowing determinations: i. On September 11, 2003, after TRIM notices were mailed to ail property owners pursuant to Section 200.069, Florida Statutes, the Board of County Commissioners held a public hearing to consider adopting the tentative millage for fiscal year 2003-2004 and adopted the tentative millage. 2. On September 18, 2003, after publishing notice in a newspaper of local circulation on September 15, 2003, the Board of County Commissioners held a public hearing and adopted the finai millage for fiscal year 2003-2004. 3. On September 11, 2003, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the SI. Lucie County Mosquito District, a dependent taxing district of . this Board held a public hearing to consider adopting the tentative millage for fiscal year 2003-2004 and adopted the tentative millage. 4. On September 18, 2003, after publishing notice in a newspaper of local circulation on September 15, 2003, the SI. Lucie County Mosquito District held a public hearing and adopted the final millage for fiscal year 2003-2004. 5. On September ii, 2003, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the SI. Lucie County Erosion District, a dependent taxing district of this Board held a public hearing to consider adopting the tentative millage for fiscal year 2003-2004 and adopted the tentative millage. . 6. On September 18, 2003, after publishing notice in a newspaper of local circulation on September 15, 2003, the SI. Lucie County Erosion Districtheld a public hearing and adopted the final millage for fiscal year 2003-2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida: A. The foilowing is hereby adopted as the final millage rates for fiscal year 2003-2004: BOARD OF COUNTY COMMISSIONERS MILLAGE RATES GENERAL FUND FINE & FORFEITURE FUND ENVIRONMENTAL LANDS I&S PORT I&S 4.0728 3.5066 0.1380 0.0240 SPECIAL TAXING DISTRICTS: STREET LIGHTING DISTRICTS #1 RIVER PARK I #2 RIVER PARK II #3 HARMONY HEIGHTS 3 #4 HARMONY HEIGHTS 4 #5 SHERATON PLAZA #6 SUNLAND GARDENS #7 SUNRISE PARK 0.4389 0,8403 0.9949 0.7972 1.1855 0.7167 0.7927 -6- '- ..." SPECIAL TAXING DISTRICTS: #8 PARADISE PARK #9 HOLIDAY PINES #10 THE GROVE #11 BLAKELY SUBDIVISION #12 INDIAN RIVER ESTATES #13 QUEENS COVE #16 PALM GROVE #126 SOUTHERN OAKES MILLAGE RATES 1.0236 0,2282 0.1243 1.9996 0.1393 0.1043 0.5346 0.6215- MUNICIPAL SERVICES TAXING UNITS UNINCORPORATED AREA MSTU STORM WATER MSTU LAW ENFORCEMENT MSTU PARKS M.S.T.U. TRANSIT M.S.T.U. MONTE CARLO LIGHTING MSTU #4 PALM LAKES GARDENS MSTU 0.5256 0.4108 0.3681 0.2500 0.0900 0.5165 0.5135 MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL FUNDS 0.2757 EROSION DISTRICT EROSION DISTRICT FUNDS (ZONE E) 0.1000 AGGREGATE MILLAGE (excludes interest & sinking fund levies on voter approved Indebtedness 8.9503 B. The proposed aggregate millage rate to be levied Is greater than the roll-back rate as computed pursuant to Section 200.065(1), Florida Statutes, by 15.69% After motion and second, the vote on this resolution was as follows: Cliff Barnes, Chair Paula A. Lewis, Vice Chair Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 18th day of September, 2003, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -7- \¡"". ....." RESOLUTION NO. 03-251 A RESOLUTION ADOPTING A FINAL BUDGET FOR FISCAL YEAR 2003-2004 WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, has made the following determinations: 1. On September 11, 2003, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the Board of County Commissioners held a public hearing to consider adopting the tentative budget for fiscal year 2003-2004 and adopted the tentative budgel. 2. On September 18, 2003, after publishing notice in a newspaper of local circulation on September 15, 2003, the Board held a public hearing and adopted the final budget for fiscal year 2003-2004. 3. On Soptombor 11, 2003, ortor TRIM notlcos woro mollod to all proporly ownom pursuant to Section 200.069, Florida Statutes, the 51. Lucie County Mosquito District, a dependent taxing district of this Board held a public hearing to consider adopting the tentative budget for fiscal year 2003-2004 and adopted the tentative budgel. 4. On September 18, 2003, after publishing notice in a newspaper of local circulation on September 15, 2003, the 51. Lucie County Mosquito District held a public hearing and adopted the final budget for fiscal year 2003-2004. 5. On September 11, 2003, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the SI. Lucie County Erosion District, a dependent taxing district of this Board held a public hearing to consider adopting the tentative budget for fiscal year 2003-2004 and adopted the tentative budget. 6. On September 18, 2003, after publishing notice in a newspaper of local circulation on September 15, 2003, the SI. Lucie County Erosion District held a public hearing and adopted the final budget for fiscal year 2003-2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida: A. The following Is hereby adopted as the final budget for fiscal year 2003-2004: BOARD OF COUNTY COMMISSIONERS BUDGET AMOUNT OPERATING FUNDS WITH MILLAGES: GENERAL FUND FINE & FORFEITURE FUND DEBT SERVICE FUNDS: ENVIRONMENTAL LAND I & 5 PORT I&S SOUTH COUNTY REGIONAL STADIUM COMMUNICATION 5YSTEM I & S 5 YEAR BUILDING BOND I & 5 BECKER ROAD I & S BEACH BOND I & S TOURISM DEV 4TH CENT I & S RIVER BRANCH I & S -8- $ $ 82,118,206 45,037,556 $ $ $ $ $ $ $ $ $ 1 ,993,693 546,740 55,042 1,294,036 8,040,902 415,927 55,578 931,358 40,987 '- ....", SPECIAL REVENUE FUNDS: TRANSPORTATION TRUST FUND $ 36,789,071 GRANTS & DONATIONS $ 337,964 LIBRARY SPECIAL GRANTS FUND $ 305,600 ADDITIONAL COURT COSTS $ 281,120 DRUG ABUSE TRUST FUND $ 24,528 PORT AND AIRPORT FUND $ 10,013,564 PORT MSBU $ 153,485 PLAN MAINTENANCE R.A.D, $ 253,200 5TH CENT TOURIST DEVELOPMENT FUND $ 412,270 COURT FACILITIES FUND $ 1,019,655 COURT FACILITIES FUND - COURT COSTS $ 126,504 COURT ADMINISTRATION 19TH CIRCUIT $ 2,033,639 HOUSING FINANCE AUTHORITY $ 65,084 ENVIRONMENTAL LANDS $ 66,821 HOUSING ASSISTANCE SHIP PROGRAM $ 1,325,000 BOATING IMPROVEMENT PROJECTS $ 351,679 BLUEFIELD RANCH IMPROVEMENT FUND $ 107,655 CAPITAL OUTLAY FUNDS: SOUTH COUNTY REGIONAL STADIUM $ 23,250 BEACH BOND $ 260,209 IMPACT FEES FUND $ 12,323,895 5 YEAR BUILDING BOND FUND FUND $ 27,390,435 COUNTY & TRANSPORTATION CAPITAL $ 23,522,793 LAKEWOOD PARK CAPITAL FUND $ 3,361 PORT DEVELOPMENT CAPITAL $ 220,670 SPORTS COMPLEX IMPROVEMENTS $ 477,460 MSBU IN-HOUSE LOAN FUNDS $ 699,898 ENVIRONMENTAL LAND CAPITAL $ 11,339,134 TREASURE COVE/OCEAN HARBOR CAPITAL $ 145,349 KING ORANGE 2 MSBU CAPITAL FUND. $ 164,235 SKYLARK 2 MSBU CAPITAL FUND $ 149,142 REVELS LANE MSBU CAPITAL FUND $ 186,584 AIRPORT INDUSTRIAL PARK CAPITAL FUND $ 788,000 LENNARD RD MSBU (ROAD) CAPITAL $ 949,609 LENNARD RD MSBU (WATER) CAPITAL $ 235,849 LENNARD RD MSBU (SEWER) CAPITAL $ 110,095 GREY TWIG MSBU CAPITAL $ 173,503 ENTERPRISE FUNDS: SOLID WASTE OPERATIONS $ 23,080,978 . GOLF COURSE $ 2,313,847 SPORTS COMPLEX $ 1,873,756 BUILDING CODE FUND $ 3,771,332 HEW UTILITIES $ 113,983 NO HUTCHINSON UTILITIES $ 2,672,441 NO HUTCHINSON UTILITIES RENEWAUREPL, $ 186,956 NO HUTCHINSON UTILITIES CAPITAL $ 2,399,238 SO HUTCHINSON UTILITIES $ 2,160,818 SOUTH HUTCHINSON FUND R&R FUND $ 787,342 HOLIDAY PINES OPERATIONS $ 1,124,032 HOLIDAY PINES RENEWAUREPL. $ 78,072 HOLIDAY PINES CAPITAL $ 912,147 AIRPORT UTILITIES DISTRICT OPERATIONS $ 86,400 AIRPORT UTILITIES DISTRICT CAPITAL FUND $ 64,193 -9- '- ...., INTERNAL SERVICE FUNDS: INSURANCE & LOSS $ 14,638,355 TRUST FUNDS: TWO-CENT TOURIST DEVELOPMENT $ 834,444 ONE-CENT TOURIST DEVELOPMENT $ 580,820 LAW ENFORCEMENT TRUST FUND $ 235,319 LAW LIBRARY $ 205,000 ARTS IN PUBLIC PLACES TRUST FUND $ 627,052 SLC ECONOMIC DEV TRUST FUND $ 367,075 FFA ROAD MSBU FUND (DEBT SERVICE) $ 33,849 SOUTH HUTCHINSON FUND (DEBT SERVICE) $ 3,550,944 DRIFTWOOD MANOR FUND (DEBT SERVICE) $ 16,471 KING ORANGE MSBU (DEBT SERVICE) $ 39,206 LOST TREE ESTATES MSBU (DEBT SERVICE) $ 6,634 ANITA STREET MSBU (DEBT SERVICE) $ 4,983 TIMBERLAKE ESTATES MSBU (DEBT SERVICE) $ 32,443 BRIARGATE ESTATES MSBU (DEBT SERVICE) $ 3,259 ROUSE ROAD MSBU (DEBT SERVICE) $ 19,503 NORTH A1A MSBU (DEBT SERVICE) $ 14,053 IDEAL HOLDING ROAD MSBU (DEBT SERVICE) $ 14,377 WESTGLEN MSBU (DEBT SERVICE) $ 12,600 RAINTREE FOREST MSBU (DEBT SERVICE) $ 10,530 RIVER BRANCH EST MSBU (DEBT SERVICE) $ 17,021 GREY TWIG MSBU (DEBT SERVICE) $ 25,379 SPECIAL TAXING DISTRICTS: STREET LIGHTING DISTRICTS #1 RIVER PARK I $ 40,211 #2 RIVER PARK II $ 8,769 #3 HARMONY HEIGHTS 3 $ 4,086 #4 HARMONY HEIGHTS 4 $ 7,719 #5 SHERATON PLAZA $ 8,592 #6 SUNLAND GARDENS $ 8,508 #7 SUNRISE PARK $ 2.755 #8 PARADISE PARK $ 10,388 #9 HOLIDAY PINES $ 11,844 #10 THE GROVE $ 3,082 #11 BLAKELY SUBDIVISION $ 1,537 #12 INDIAN RIVER ESTATES $ 14,055 #13 QUEENS COVE $ 4,652 #16 PALM GROVE $ 10,801 #126 SOUTHERN OAKES $ 2,445 . MUNICIPAL SERVICES TAXING UNITS UNINCORPORATED AREA MSTU $ 6,168,427 STORM WATER MSTU $ 8,728,765 LAW ENFORCEMENT MSTU $ 1,881,942 PARKS M.S.T.U. $ 6,288,581 TRANSIT M.S.T.U. $ 930,663 MONTE CARLO LIGHTING MSTU 114 $ 20,566 PALM LAKES GARDENS MSTU $ 2,315 PINE HOLLOW STREET LIGHTING MSTU $ 10,296 KINGS HIGHWAY INDUSTRIAL PARK LIGHTING $ 26,547 -10- \w-. ~ MOSQUITO CONTROL DISTRICTS MOSQUITO CONTROL FUNDS MOSQUITO CONTROL STATE FUNDS $ $ 3,222,981 46.945 EROSION DISTRICT FUNDS EROSION DISTRICT FUNDS (ZONE E) $ 4,989,011 TOTAL BUDGET: $ 368,731,670 After motion and second, the vote on this resoiution was as follows: Cliff Barnes, Chair Paula A. Lewis, Vice Chair Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 18th day of September, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY . -11- "'" ...", Revised FY04 ERRATA SHEET Changes to the tentatively approved budget Revenue Expenditure 1 Airport 140122-4220-331491-48007 US Dept of Transportation 140122-4220-563000-48007 Improvements orr Buildin9s Now supploment to grant for rahabilltallon of Runway 14-32 $1,000,000 $1,000,000 2 Airport 140123-4220-331491-40006 US Depl 01 Transportation 140123-4220-563020-48006 Imp orr Bldg - Env, Studies New supplement to grant for planning/cost analysis of new runway 9U27R $150,000 $150,000 3 Public Works 101217-4112-334505-410045 Office ofTourism, Trade, and Economics 101217-4112-563000-410045 Improvements orr Buildings Grant carryover $300,000 $300,000 4 Public Works 101213-4114-334492-4108 FOOT - Transportation Roads 101213-4114-563000-4108 Improvements orr Buildings FY04 Grant amount awarded $10,800,000 plus the budget carryover 5 Sheriff 107133-2110-331210-200 Depl of Justice 107133-2110-591900-200 Transfer to Sheriff New grant award. $11,880,000 $11,880,000 $5,106 $5,106 6 Central Services 107-9910-599900-800 Encumbrances Carried Forward 107_712_551200-1645 Equipment < $750 107-712-544200-1645 land Lease Lease of lend for juror parking downtown, edd'l funding for Clerk, Court Admin, Security, and Judges. ($25,280) $10,000 $15,280 7 Sports Complex Improvement Fund 362 362_75201-389902-700 Fund Balance Forward $8,645,000 362-75201-563000-700 Improvements other than Buildings $8,645,000 8 Building Fund 215 215-0000-381100-000 Transfer In $447,852 . 215-9950-571000-800 Principal· Bonds $70,000 215-0950-572000-800 Interes! $377,852 310003-1930-591000-28003 Transfer to other Funds ($251,551) 310003-1930-562000-100 Bldg-Construct New Corr Pods $251,551 310003-2330-591000-16012 Transfer to other Funds ($506,693) 310003-2330-562000-200 Bldg-Const New Clerk of Ct Bldg $506,693 310003-2330-591000-26003 Transfer to other Funds' $964,545 310003-2330-562000-200 Bldg-Construct New Corr Pods ($954,545) 310003-1930-591000-16012 Transfer to other Funds $251,551 310003-1930-562000-100 Bldg-Const New Clerk of Ct Bldg ($251,551) To adjust previous fund fransfers from Building Impacf Fees to cover debt service payments for tha new Cierk of Court building and for the new correctional jail pods. Also, to reflect the Increase In transfer of funds to cover debt servlca payments for two correctional jail pods. 9 Property Appraiser See attached sheet $25,024 $25,024 9/1812003 G:IBUdgetIQuattroIFY04IGeneraII04Errala.xls -12- ~ """'" FY04 ERRATA SHEET Changes to the tentatively approved budget 10 Forensics Expenses Anticipated Increase from $105,530 to $212,235 001-9910-599325-800 Settlement ReselVe 001-8110-591000-800 Transfer To Other Funds 107_0000-381100-000 Transfers In $106,705 107_2115-581030-200 New Horizons CombIned Total $22,559,687 -13- G:IBudgetIQuattroIFY04IGeneraIl04Errata.xts - ($106,705) $106,705 $106,705 $22,559,687 9/18/2003 ';.,.. .."" ~ BUDGET REQUIREMENTS FOR PROPERTY APPRAISER'S OFFICE 2003-04 Account 9/03/03 Fiaures 5/28/03 Figures Difference 001-1310-549120-100 $2,275,970.60 $2,258,207.19 $17,764.00 107-1300-549120-100 $731,490.54 $725,781.43 $5,708.00 . 205-1300-549120-100 $14,644.28 $14,529.99 $115.00 102-1300-549120-100 $32,216.97 $31,965.53 $252.00 145-1300-549120-100 $42,281.56 $41,951.56 $330.00 184-1300-549120-100 $15,848.65 $15,724.96 $124.00 111-1300-549120-100 $569.94 . $565.49 $5.00 112-1300-549120-100 $109.59 $108_73 $1.00 113-1300-549120-100 $42.65 $42.32 $1.00 114-1300-549120-100 $102.92 $102.11 $1.00 115-1300-549120-100 $69.14 $68.60 $1.00 116-1300-549120-100· $100:53 $99.74 $1.00 117-1300-549120-100 $26.17 $25.97 $1.00 118-1300-549120-1 00 $159.59 $158.35 $2.00 119-1300-549120-1 00 $144.91 $143.78 $1.00 120-1300-549120-100 $36.50 $36.21 $1.00 121-1300-549120-100 $16.93 $16.80 $1.00 122-1300-549120-100 $180.57 $179.16 $2.00 116-1300-549120-100· $54.15 $53.73 $1.00 139-1300-549120-100 $145.04 $143.90 $2.00 126-1300-549120-100 $24.07 $23.89 $1.00 136-1300-549120-100 $255.44 $253.45 $2.00 282-1300-549120-100 $27,175.23 $26,963.14 $213.00 103-1300-549120-100 $25,080.25 $24,884.50 $196.00 242-1300-549120-100 $4,510.44 $4,475.24 $36.00 102001-1300-549120-100 $33,429,38 $33,168.49 $261.00 138-1300-549120-100 $25.87 $25.67 $1.00 Totals $3,204,711,91 . $3,179,699,93 $25,024.00 -14- "'" ..", Reconvene as the Board of County Commissioners. 1. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 03-250 adopting the Final Millage Rate for Fiscal Year 2003-2004; and, upon roll call, the vote was as follows: Nay: Coward; Aye's: Lewis, Hutchinson, Barncs; molion carried by a votc of3 to 1 with Com. Bruhn absent. 2. ft was movcd by Com. Hutchinson, scconded by Com. Lcwis to appl"Ovc Rcsolution No. 03-251 adopting thc Final Budgct lor Fiscal Year 2003-2004; and, upon roll call, thc votc was as lüllows: Nay: Coward; Ayc's: Hutchinson, Lcwis, Barncs, motion carricd by a volc or 3 to 1 with Com. Bruhn abscnt. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court . -15- ì . '-" - ....." AGENDA REOUEST ITEM NO. é)- 11 DATE: September 23, 2003 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY; SUBMITTED BY(DEPT): County Attorney Daniel S. Mcfutyre County Attorney SUBJECT: Resolution No. 03-252 - Commending Mrs. Inez Ward for more than 37 years of outstanding service as an employee of the St. Lucie County Administrator's Office and St. Lucie County Airport. BACKGROUND: Mrs. fuez Ward worked for St. Lucie County since November 8, 1965. Throughout her more than thirty-seven years of service, she has worked as Secretary for the County Engineer, the County Administrator and the Airport Director. Additionally fuez has worked as Assistant to the County Adrriinistrator, and Assistant Port and Airport Director. This Board believes that dedication such as that demonstrated by Mrs. fuez Ward should be recognized. The attached Resolution No. 03-252 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 03-252 as drafted. COMMISSION ACTION: CONCURRENCE: X] APPROVED [ ] DENIED [] OTHER: Approved (3-0) Bruhn. Bames - Absent ~ , ~ 3r Review and ApDrovals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable)___ ...." Purchasing Other: Eff. 5/96 " "'" -....I , RESOLUTION NO. 03-252 A RESOLUTION COMMENDING MRS. INEZ WARD FOR MORE THAN 37 YEARS OF OUTSTANDING SERVICE AS AN EMPLOYEE OF THE ST. LUCIE COUNTY ADMINISTRATOR'S OFFICE AND ST. LUCIE COUNTY AIRPORT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Mrs. Inez Ward was born at home in South Fork, pennsylvania on September 27, 1941, and raised on a horse farm. 2. In 1959, she moved with her parents to Lake Worth and in 1961 she moved to Fort Pierce. In 1962, Inez was married to Carl Ward, Sr., raised one daughter, Audra; and two sons, Douglas (Doug) and Carl, Jr. (Buddy). Inez and her husband, Carl, are the proud grandparents of seven grandchildren. 3. Inez worked on the Advisory Board of St. Lucie County SafeSpace; and also was a Board member for the St. Lucie County Fair Association for ten years. 4. Mrs. Ward has worked for St. Lucie County since November 8, 1965. Throughout her more than thirty-seven years of service, she has worked as Secretary for the County Engineer, the County Administrator and the Airport Director. Additionally Inez has worked as Assistant to the County Administrator, and Assistant Port and Airport Director. 5. While employed in her various positions, Mrs. Ward played an integral part in the organization of the County Administrator's , , I .. ....¡ Office, along with the expansion of the Airport. 6. This Board believes that dedication such as that demonstrated by Mrs. Inez Ward should be recognized. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that this Board does hereby commend Mrs. Inez Ward for her more than thirty-seven years of outstanding service wi th St. Lucie County, and does hereby express its sincere appreciation and gratitude for a job well done. BE IT FURTHER RESOLVED that a copy of this resolution shall be presented to Mrs. Inez Ward as a token of this Board's appreciation. PASSED AND DULY ADOPTED this 23rd day of September, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 1 /" Y ~ ~ AGENDA REQUEST ITEM NO. 0f+. DATE: September 23, 2003 REGULAR J4 PUBLIC HEARING [J CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Ordinance No. 03-37 - Amending Section 1-15, Article II (Parks & Recreation) of the Code of Ordinances and Compiled Laws by providing for Twenty-four Hour Access to all Beaches and Parks BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise Ordinance No. 03-37. The Board may wish to consider referring the issue to the Recreation Advisory Board for comments and recommendations prior to the public hearing. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED DC] OTHER: Defer Action ':!oard direction to send 10 Recreation Advisory Board Jor Comments and get input from City 01 Fort Pierce ~ son strat r County Attorney: ý 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: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO.: 03-1299 DATE: September 16,2003 SUBJECT: Ordinance No. 03-37 - Amending Section 1-15, Article II (Parks & Recreation) of the Code of Ordinances and Compiled Laws by Providing for Twenty-four Hour Access to all Beaches and Parks ******************************************************************************** BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 03-37, which, if adopted, would amend Section 1-15, Article II (Parks & Recreation) of the St. Lucie County Code of Ordinances and Compiled Laws. On November 9, 1982, the St. Lucie County Board of County Commissioners adopted Ordinance No. 82-10 which created Section 1-5-17 of the Code of Ordinances and Compiled Laws of St. Lucie County prohibiting access to the beaches from sunset to sunrise daily. Please note that this regulation only applies to County-owned beach parks/access points. The actual beach below the mean high water line is owned by the State of Florida and held in trust for the public. Some people have suggested that it may be appropriate to further amend Chapter 1-5- 17 to permit twenty-four hour access to beaches and parks. Please see the attached memorandum from Pete Keogh, Parks & Recreation Director, dated August 29, 2003. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 03-37 for a public hearing. The Board may wish to consider referring the issue to the Recreation Advisory Board for comments and recommendations prior to the public hearing. Respectfully submitted, J~ Katherine Mackenzie-Smith Assistant County Attorney KMS/ caf Attachment "'" ....,¡ ORDINANCE NO. 03-37 AN ORDINANCE ESTABLISHING REGULATIONS TO GOVERN THE USE OF PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(c) and (d), Florida Statutes, authorizes the Board to provide and maintain County buildings, parks, preserves, playgrounds, recreation areas, rights-of-way, and other public properties and facilities. 2. Section 125.01(1)(t) authorizes the Board to adopt ordinances necessary for the exercise of its powers. 3. The enjoyment, conservation, and protection of the properties and facilities owned or leased by St. Lucie County require the adoption of regulations to govern the use of such areas in accordance with the purposes for which those areas were intended. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE II OF CHAPTER 1-15 (REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY) Article II of Chapter 1-15 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE II. REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY SECTION 1-15-17. HOURS OF OPERATION All areas regulated by this article shall be closed from sunset to sunrise daily, except: Underlined portions are added. S11 tld( fl., ';'tlgl. portions are deleted. -1- ~, ....." (a) where otherwise posted; (b) for using designated areas reserved for the launching and retrieval of boats; (c) for attending or participating in events sponsored, provided, or authorized by a unit of St. Lucie County government¡ w County-owned parks/access points ad iacent to the Atlantic Ocean. PART B_ CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E_ EFFECTIVE DATE_ A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within sixty days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. Underlined portions are added. Stf'tle:l( tl,rðtlgl. portions are deleted. -2- '"" ....." PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes Vice Chairman Paula A. Lewis Commissioner Frannie Hutchinson Commissioner John D. Bruhn Commissioner Doug Coward xxx XXX XXX XXX XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Underlined portions are added. Sfl \:Ie{ thr"tlgJ, portions are deleted. -3- , ~. AGENDA REQUEST ITEM NO. ~ DATE: September 23, 2003 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Amended and Restated Interlocal Agreement (Medical Examiner) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: pc.¡ APPROVED [ ] DENIED [ ] OTHER: J?r Review and A Purchasing: Approved (3-0) Bruhn, Barnes - Absent County Attorney: Management & Budget Originating Dept. Public Works Dir: Caunty Eng.: Finance: (Check for Copy only, if applicable) Eft. 5/96 "'" ..,.¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 03-1223 DATE: September 8, 2003 SUBJECT: Amended and Restated Interlocal Agreement (Medical Examiner) ************************************************************************** BACKGROUND: The County is a party to an existing Interlocal Agreement with Indian River County, Martin County, Okeechobee County, the Medical Examiner and Indian River Community College (IRCC). The Agreement provides for the funding of the Medical Examiner's Office, including the morgue. The current agreement expires on September 30, 2003. Attached to this memorandum is a copy of a proposed Amended and Restated Interlocal Agreement in blackline form. The funding formula is the same as the current agreement and is based on the number of autopsies and deaths in each county. IRCC would continue to rent the building housing the morgue to the counties for $1.00 per year. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. Daniel S. McIntyr County Attorney, DSM/caf Attachment "" ..,., AMENDED AND RESTATED INTERLOCAL AGREEMENT (MEDICAL EXAMINER) THIS IS AN AGREEMENT by and between the MEDICAL EXAMINER FOR DISTRICT 19, FLORIDA (Examiner), the DISTRICT BOARD OF TRUSTEES (the Board) of INDIAN RIVER COMMUNITY COLLEGE, a public educational institution (IRCC), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute Medical Examiner District 19 (the Counties), for the purpose of providing medical examiner services within Medical Examiner District 19. In consideration of the mutual advantages accruing to the parties, the Examiner, the Board, and the Counties agree as follows: SECTION 1. STATUS OF THE MEDICAL EXAMINER AND COUNTIES. (a) The Examiner shall be an independent contractor, not the agent, servant or employee of the Counties or any other entity or organization. As such, he shall maintain complete and total control of his employees, agents and servants. (b) The Examiner, or his designee, shall prepare and submit a total unified budget by April 1 of each year to each County respectively for the operation of the Medical Examiner District which shall be subject to approval of the Counties. As set out in Section 4, budgeted monies shall be paid directly to the Examiner for proper disbursement to entitled parties. (c) The Examiner shall comply with Titles VI and VII of the Civil Rights Act of 1964; Executive Order Number 11246 entitled "Equal Employment Opportunity"; as supplemented by regulations of the United States Department of Labor (41 C.F.R. Part 60); and applicable Federal Regulations concerning non-discrimination on the basis of mental and physical handicaps. (d) The Examiner and the Counties shall comply with all applicable provisions of Chapter 406 of the Florida State Statutes, and rules and regulations of the Medical Examiner's Commission. (e) The Examiner shall comply with #Ie applicable Standards of Accountability-set forth il1 Rul~ HC ~.06 of tM~ Florida t.dl1'\il'li3trðti·,~ Cod~, including: g; \atty\ogreemnt \i nterloc \medi coJ exami ner -1- "'" "."J I. using an accounting system that meets generally accepted accounting principles. ii. maintaining such records and accounts as are necessary to properly account for funds disbursed to and expended by the Medical Examiner. III. retaining relevant records for a period of not less than three (3) years, unless otherwise provided by law. iv. affording the Medical Examiner Commission, the florida Department of Law Enforcement, the Counties and the Auditor General access to all records and accounts necessary to justify the use of funds disbursed by the Counties. v. using funds received from the Counties only for the provision of Medical Examiner services. VI. maintain a detailed inventory of fixed assets for tangible personal property. VII. affix a property tag number to each piece of equipment owned by the medical examiner. (f) The Examiner shall provide the Counties with a quarterly expenditure report in a form acceptable to the Counties. (g) The Examiner shall annually provide the Counties with a copy of a financial audit required by Section 11.45, florida Statutes (!9&7 2002). The Examiner agrees to select as its auditor the auditor selected bv St. Lucie County to prepare the financial audit for the County. SECTION 2. RENTAL AGREEMENT CONCERNING MORGUE LOCATED AT INDIAN RIVER COMMUNITY COLLEGE. (a) LEASE TERM. Pursuant to Section 406.08(5), florida Statutes, Counties do hereby agree to provide for Examiner and his successors, and in consideration of the covenants herein contained, IRCC does hereby rent to Counties for the use and benefit of Examiner and his successors that certain building known as "The Morgue" located at Indian River Community College (College), 3209 Virginia Avenue, fort Pierce, florida, more particularly described in Exhibit" A", for a period of fifteen (15) years beginning on the l't day of October, 1-988 2003, and ending on the 30th day of September, æw 2018. In the g: \atty\agreemnt \i nterloc \medical exami ner -2- '-' ...., event IRCC constructs a new facility which contains adequate space for the Examiner's operations and upon mutual agreement of the parties. the Examiner shall relocate his operations to this facility and IRCC may use the Morgue for other purposes as it deems fit. This new space shall become known as the Morgue for the purposes of this agreement. (b) OPTION. Within ten (10) years from the date of this agreement, the Board agrees to discuss with the Counties the granting of an option to the Counties to extend the lease term for an additional period of time. At the completion of the lease term, the Counties shall have the right of first refusal with respect to the subsequent lease of the Morgue. (c) RENTAL DURING INITIAL TERM. Counties, for the benefit of Examiner, in consideration of this Agreement and of the covenants and Agreement made herein rents said premises for said term and does hereby promise to pay to IRCC as rental for said premises, the sum of one and 0/100 ($1.00) dollars per year, payable in advance on the 1st day of October each successive year. (d) CONDITION AND USE OF PREMISES: EQUIPMENT. The Counties and Examiner accept the equipment identified in Exhibit" B" in its present condition. Aftcr tnc rel1ð,atiol,S idcntificd ii, exhibit 'C" an complcted, t Ihe Counties and the Examiner agree to keep said premises in a good, clean condition; make no alterations or additions to same without the consent of IRCC which consent shall not be unreasonably withheld; permit no waste thereon; and to obey all laws and ordinances affecting said premises. Examiner and Counties further agree to use the premises for the performance of autopsies, examinations, and other investigations as deemed necessary by the Examiner and for no other purposes. It is specifically agreed that Examiner shall not use the premises for any personal or private use; the premises to be used solely for Medical Examiner services. In the event it becomes necessary to provide additional major equipment for the Morgue and if agreed by Counties, same shall be provided by Counties. Any equipment purchased with monies budgeted by the Counties shall become the property of the Office of the Medical Examiner and shall be properly tagged. All cxistil1g equiplTlCl1t in thc Morgt:lc, as 3ct out in exhibit "13", sl,ðll becolM thc proputr of thc Officc of thc Mcdicðl exalTliner and snail bc properlr tðgged. fe1 RH40V,~, TIONS; PURCII/,SE OF WCWERA TOR. IRCC agrus to perform thc f"'t:I'õvotiõI13Ii3ted ¡" Exhibit "C" fOr tlu: I:IJ£ ðlld b£MC.fit of till. /;\edjcal [xé1l1"\iIlCr in operating tnc Morguc. Tnc total cOl1tributiol1 of IRCC to thc reno/ðtiðl1S listed il' Exhibit'C" shall loot cxcccd cighty tnousðlld al,d 0/100 ($80,000.00) dollars. If thc cost of thc reno,atiol,s is Icss than cignt} tl,ousal,d and 0/100 ($80,000.00) dollars, tnc partics agrec that al'r additional11,onics I:Jp to thc ITlaxi,TlUITl alT\OUI,t of cigl.tr thoI:Jsal1d al.d 0/100 ($80,000.00) dollars ITlOY bc 1:J3cd to pl:Jrchase on incinerator Or other Célpitðl eqt:liplTlent for tnc I:JSC and bcnefit of thc Mcdicol examincr. g: \atty\agreemnt \i nter loe \medi col exami ner -3- '"" -" ff7 PURCllt,SE OF CQUIPMEtn. TI,e COl:lntie3 agree to pl:lrchð3e tl.e equiplnf:l1t li3h:d il' Cxhibit "D" for the 1:13e and benefit of the Medical CX~II'fIiner in operating tl,e Morgl:le. All of the equiplnf:nt li3ted in exhibit "D" 3hall becolTle tne property I'Jf the Office of tke Medical Examiner. (g g) MAINTENANCE OF PREMISES; PAYMENT OF EXPENSES. IRCC agrees to maintain the exterior of the premises; however, it shall be the responsibility of Counties to maintain the interior of the premises, including the air-conditioning, heating systems, and plumbing facilities and keep same in proper working condition. Counties shall be further responsible for all utilities on the premises, including but not limited to, electricity, water and sewer (all of which shall be metered separately), internal security, janitorial service, garbage pick-up and telephones. It is understood that Counties will, at their expense, have installed a telephone system at the premises, which telephone lines will be routed directly into the Morgue and not through the College switchboard. No access to the telephone lines shall be permitted by any other extension not in the Morgue premises or through any other equipment. Examiner shall also make provisions for a separate mailbox or post office box to serve the Morgue and Medical Examiner which in no way shall be connected to the College. It is also understood by the parties that the Examiner for auditing purposes is an independent special district and is responsible for all procurement of supplies, including the cost thereof and all matters of Medical Examiner personnel, including payroll records; it being understood that all payroll shall be paid by Examiner. ff7 eXPANSIm~ OF Ft.CILITICS. If during the terlTl of thi3 AgreeITlel,t, the Counties, basë:d 011 di3cus3ion witl. the ExalTliner, deterlnit,e tnat tke prf:ITlises described in Cxhibit "A" are iMdeql:late to 3ðti3f) tl.e l.eed3 of tke CxalTlil1u, IRCC agree3 to allo\. tke COUl,ties to expðlod the facilities at tke COl:llltie.s' expen3e to il,ciude tke area idel,tified in Cxhibit "C". SECTION 3. PROCEDURE TO REVIEW AND APPROVE THE MEDICAL EXAMINER'S BUDGET Pursuant to Section l(b) of this Agreement, the Medical Examiner shall present a total unified budget for the following fiscal year by April 1 of each year to each County respectively. Upon receipt of the budget, the budget shall be referred to a Medical Examiner's Budget Committee, which shall be composed of one (1) representative from each of the four (4) counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the Medical Examiner to discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011, Florida Statutes (i-9&f' 2002), as amended. The Committee may make recommendations to the four (4) Boards of County Commissioners g; \atty \agreemnt \ì nter loc \medi col examiner -4- ""' ...,¡ as to whether to adopt or amend the proposed budget. deliberations by May 15 of each year. The Committee shall complete its Upon completing its deliberations, the Committee shall forward the proposed budget to the budget officer or other designated officer for each of the four (4) counties. The proposed budget shall then be presented to, each of the four (4) Boards of County Commissioners for consideration during the Board's normal budgetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4) counties. In the event any of the four (4) Boards of County Commissioners determine to reduce the total unified budget as proposed, the Board(s) reducing the proposed budget shall amend the proposed total budget, adopt the amended total budget and notify the other counties of the action taken on the budget within seven (7) days. The amended total budget, if reduced by one (1) or more of the counties, shall be deemed to be the approved budget by all four (4) counties. Nothing in this Agreement shall prohibit the Medical Examiner from requesting additional appropriations for good cause shown, from the Counties during the budget year. The Counties acknowledge that the effect of this section will be that any of the four (4) Board of County Commissioners may reduce the total budget without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties. SECTION 4. DIVISION OF RENTAL AND OPERATING EXPENSE. (a) For thE pEriod frot" OctobEr 1, 1988 throl:Jgh SEptEI"ber 30, 1989, t Ihe expenses of operating the Medical Examiner's Office including rental and purchase of additional equipment as set out herein shall be divided among and borne by the Counties os follo\,s: COl:Jnt.. I ShOll. of [XI'£.I.3t:3 Olœec¡"obeE St. LuciE 25 percEnt 28 percEI,t 6 perCEnt 41 percent I"dial1 River N\ortin fb7 T¡"E di,isiol1 of expel,ses cstablisl,ed it' paragraph (1) of t¡"is section is based on a formula in which the ratio of the number of autopsies performed in each County il11987 (a) to the total number of autopsies performed in the four Counties il11987 (b) is weighted 50 percent, and the ratio of the number of deaths in each County in 1987 (c) to the total g: \atty\agreemnt \i nterlac \medical exami ner -5- "" .", number of deaths in the four Counties in 1987 (d) is weighted 50 percent. The formula is expressed as (a/b x 0.5) + (c/d x 0.5) = respective County's share of expenses. ~ For tl,e þurþose ef t"'is Agreel'!\ent, t"'e þarties agree uþen tl,e fellevling 1987 auteps,' and deat'" figures: f9&7 f9&7 Countv Auteþ3ies Deaths Indian Ri .er &7 ~ '^artin 98 ±;en Olœec"'obee 43 2-25 St. Lucie m ~ =RfflII 4W 3-;§53 íl;ùW CALCULA TION. The Counties agree to recalculate the division of rental and operating expenses April 1 of every year during the term of this Agreement beginning in 20041-989 by using the above formula based on the autopsy and death figures from the year preceding the year the expenses are recalculated. The recalculation shall be effective on the following October 1. SECTION 5. PAYMENT OF RENTAL AND OPERATING EXPENSES (a) During the term of this Agreement, Indian River, Martin, Okeechobee and St. Lucie Counties shall pay to IRCC its estimated, respective share of the rental of the Morgue in advance annually on the 1" day of October of each year effective beginning in i98-8 2003. During the term of this Agreement, the Counties shall pay to the Examiner its estimated, respective share of the Examiner's monthly operating expenses based on the budget approved by the Counties and on the formula set out in Section 3. The operating expenses shall be paid in advance monthly beginning on the 1" day of October, -l98-8 2003. (b) If during any period of this Agreement, the rental and operating expenses of the Morgue are less than the amounts received from the Counties, the excess funds shall be carried forward to the next year and shall be applied to that county's share of the operating expenses for the next succeeding year. g; \atty\agreemnt \i nterloc \medical exami ner -6- '-' ...." (c) No county shall be deemed to assume any additional share of the total operating expenses of the Morgue by reason of the default of one or more of the other counties. SECTION 6. INSURANCE AND INDEMNIFICATION. During the i"itial fifteen (15) year term of this Agreement, IRCC shall provide fire and extended casualty insurance coverage for the real property owned by the Board, in full insurable value. Examiner shall provide fire and extended casualty insurance coverage for equipment owned by Examiner in full insurable value. During the term of this Agreement, the Examiner shall obtain and carry professional liability insurance as required by Chapter 406 of the Florida Statutes in an amount not less than $1,000,000.00. Solely. to the extent allowed by Florida law, and in no event greater than the limits set out in Section 768.28 Florida Statutes eEach party to this Agreement agrees to indemnify and hold the other parties harmless from damages resulting from the negligence of each party, its agents and employees. SECTION 7. COVENANTS BY EXAMINER. (a) During the term of this Agreement, the Examiner and his successors agree to occupy and use the Morgue facilities to perform autopsies within the four (4) county area. (b) At no time shall there by any personnel in the Morgue located at the College, other than custodians approved by the Examiner, unless accompanied by a representative from the Medical Examiner's office, except during an emergency. During an emergency, the Medical Examiner will be contacted as soon as possible. During normal business hours, no one shall proceed beyond the front reception area of the Morgue without the express consent of Medical Examiner personnel and unless they are accompanied by Medical Examiner personnel. After normal working hours, no one other than Medical Examiner personnel, shall be allowed in the Morgue unless prior permission is obtained from the Medical Examiner's office; and they are accompanied by Medical Examiner personnel, except in the event of an emergency. Examiner shall provide College and continue to provide College with a current list of all Medical Examiner personnel throughout the term of this Agreement. SECTION 8. MISCELLANEOUS PROVISIONS. (a) Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly authorized and signed, by all parties, and attached to the original. g: \atty\agreemnt\i nterloc \medical examiner -7- "'" .., (b) In the event of litigation regarding this Agreement, the prevailing party shall be entitled to payment from the defaulting party of all court costs and reasonable attorneys' fees incurred in the action. (c) The name of the Morgue facility located at the College shall be "Office of the Medical Examiner, District 19, Florida", (d) This Agreement shall be binding on the parties hereto, their successor and assigns when permitted. If the premises shall be wrecked or destroyed by fire or other casualty so as to render it unfit for occupancy, IRCC shall use the insurance proceeds to repair or reconstruct said premises as speedily as possible but in no event shall any party hereto be entitled to compensation or damage on account of the annoyance or inconvenience of IRCC in making said repairs; and neither Examiner nor County shall be entitled to compensation or damage on account of such destruction, (e) Neither Examiner nor Counties may sublet or re-rent the subject premises or any part thereof or assign this Agreement or permit any transfer thereof by operation of law without the consent in writing from all parties, Any assignee or sublessee must be approved by all parties. Any assignee or sublessee must be approved by all parties, and such written consent or approval by all parties shall in no way affect or relieve Examiner or Counties of their obligation arising under this Agreement or the laws of this State, (f) 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) The Agreement may only be amended by a written document signed by all parties and filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St, Lucie County, Florida, (h) This Agreement can be cancelled upon giving twelve (12) months prior written notice before the beginning of the next fiscal year by anyone (1) of the four (4) Counties provided that the non-terminating Counties shall have the option to continue renting the morgue facilities subject to the terms and conditions of this Agreement. The termination of this Agreement shall not require IRCC to refund any monies collected by the Board pursuant to this Agreement. In addition, the termination of this Agreement shall not require any of the non-terminating counties or the Medical Examiner to refund any monies or equipment collected or purchased pursuant to this Agreement. g: \atty\agreemnt \i nterloc \medical exami ner -8- "" """" (I) This Agreement shall be filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida, prior to its effectiveness. SECTION 9. 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 or registered mail, return receipt requested, first class, postage prepaid and addressed as follows: IF TO IRCC: With a copy to: Dean of Administration and Finance 3209 Virginia Avenue Fort Pierce, Florida 34982 IF TO EXAMINER: With a copy to: Dr. Roger M. Mittleman Medical Examiner 2500 South 35,h Street Fort Peirce, Florida 34981 IF TO COUNTIES: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 Indian River County Administrator 1840 - 25,h Street Vero Beach, Florida 32960 Martin County Administrator 2401 S.E. Monterey Road Stuart, Florida 34996 Okeechobee County Administrator 304 Northwest Second Street Okeechobee, Florida 34972 g: \atty\agreemnt\¡ nterloc \medical examiner -9- .~ ..., IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officials on the dates stated below. This Agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original instrument. WITNESS: DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE BY: (SEAL) Date: ATTEST: INDIAN RIVER COUNTY, FLORIDA BY: Clerk Chairman, Board of County Commissioners (SEAL) Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney ATTEST: MARTIN COUNTY. FLORIDA BY: Clerk Chairman, Board of County Commissioners (SEAL) Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney g:\atty\agreemnt\interloc\medical examiner -10- '- ATTEST: Clerk (SEAL) ATTEST: Clerk (SEAL) WITNESS: Notary Public (and Seal) g:\atty\agreemnt\interloc\medica examiner -11- .", OKEECHOBEE COUNTY, FLORIDA BY: Chairman, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney ST. LUCIE COUNTY, FLORIDA BY: Chairman, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney MEDICAL EXAMINER DISTRICT 19, FLORIDA By: Date: - , "". ..., AGENDA REOUEST ITEM NO. 7A DATE: September 23, 2003 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] SUBJECT: Request for Renewal of the Bus Bench Agree ent for 3 Years with Metropolitan Systems, Inc. to Benefit the Fort Pierce Jaycees, Port St. Lucie Jaycees, United Way, Boy's and Girl's Clubs and Big Brother's and Big Sister's TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration , BACKGROUND: County Code Enforcement Staff inspected and photographed existing benches on September 17, 2003 and found them to be in good condition. FUNDS AVAILABLE: N/A PREVIOUS ACTION: St. Lucie County approved an agreement in 1998 with Metropolitan Systems, Inc. to provide 50 bus benches in the unincorporated area of the County. RECOMMENDATION: Staff recommends that the Board consider the request to extend the Bus Bench Agreement with Metropolitan Systems, Inc. for 3 years. COMMISSION ACTION: CONCURRENCE: OeterunfI10/21i03 - Needaddilional iniormalionandveriiy$goingIOGl1arit¡es DanMwillgetsignaturetorextension ~ son istra r [ ] APPROVED [ ] DENIED [X] OTHER: J~ Review and ADDrovals County Attorney: Management & Budget Purchas ing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 ,. '-" { \ , ....." " c...q g.:'or- ~5d...., PROPOSED AGREEMENT \ ST. LUCIE COUNTY, J political subd;vision of the State of Florida, ¡ hereinafter referred to as the "tunty", has determined that the installation and ¡ maintenance of a public seatin~ service within the unincorporated areas of the County would fulfill a public trinsportation need and be of continuing benefit to , the general traveling public, an~to others; and, WHEREAS, the County i~ charged with the public interest and, accordingly, as proprietary ;function is desir04 of having placed within its unincorporated areas, ! at transit stops and/or other pain s of pedestrian convenience or necessity, benches designed for comfortable seatin in the order that such benches may inure to the convenience and enjoyment of ose who use public transportation, and of others; and, WHEREAS, METROPO ITAN SYSTEMS, INC" a corporation, hereinafter referred to as "Metro", is enga d in the manufacture and installation of benches; and, WHEREAS, the Fr. P RCE JAYCEES, PORT ST. LUCIE JAYCEES, UNITED \VA Y, BOY'S AND 's CLUBS, AND BIG BROTHER'S AND BIG SISTER'S hereinafter referred t as the "Clubs", are desirous of sponsoring and/or co-sponsoring as a community project for the benefit and accommodation of the g :\agœ~mnt\docs\me tro. bus I ¡ :, q~ :v\\- f\'(V Ä\~\lcL,0 '-' ....." general traveling public, and of others, the placement of benches at transit stops and/or other points of pedestrian conveniënce or necessity within the unincorporated areas of the County and, to that end, have entered into agreements with Metro. NOW, THEREFORE, the Clubs and Metro do make the following proposal to the County, whereby, upon its acceptance, the said desires of the County and of the Clubs and of Metro can be followed: 1. Metro, its successors and assigns, shall install and at all times hereunder continue to maintain benches, as hereinafter provided, upon public space within the unincorporated areas of the County (as now constituted or hereafter enlarged) in a quantity sufficient, in the judgment of the County reasonably exercised, to establish a public seating service within County for benefit of the general traveling public, and of others. For and in consideration of the installation and continued presence of such public seating service, and in order to fund such service, Metro shall have the right to lease display space on said benches, as hereinafter provided, for both public service and commercial messages. 2. Benches placed within the unincorporated areas of the County, as herein provided shall be governed by and subject to the following general criteria: a. No more than fifty (50) benches shall be placed in the unincorporated areas of the County under the tenns of this g: \agreemnt\docs\metro. bus 2 '-' '. ....." Agreement. An initial list of approved bench locations IS attached as Exhibit" A". b. No bench shall be more than forty-three (43) inches high no more than seventy-four (74) inches long nor more than twenty- eight (28) inches wide. c. Constmction shall be of concrete and wood or of equivalent materials. The seating area of the benches shall be of multi- wood constmction (or with the consent of the county, a high density plastic) spaced so as to allow water to drain, properly sealed and painted (or pressure treated) to assure resistance from the elements. d: Benches shall be placed at transit stops and/or other points of pedestrian convenience or necessity and such placement shall be subject to review and approval by the County prior to placement so that no bench shall be permitted to obstmct passage along any public way or to create a hazard or to proposed otherwise be detrimental to the public safety. Metro shall submit a list of locations to the County Administrator for review and approval prior to placement. If the County Administrator does not approve a proposed location, the County Administrator shall so notify Metro within fifteen (15) days of receipt of the list. All proposed locations not so rejected by the County Administrator shall be considered approved. e. No bench, unless otherwise authorized, may be placed so that the angle of its long diversion in relation to the curb line shall be greater than thirty (30) degrees, and no bench, unless . otherwise authorized, may be placed so that it is closer than thirty (30) inches to the face of the curb. f Not more than one (1) bench displaying a commercial message or intended for the display of a commercial message shall be permitted at a particular location and only one (I) bench displaying a commercial message shall be permitted at any intersection. g :\agreemnt\docs\metro. bus 3 '-" ....." g. Display space shall be restricted to the backrest area of the bench and shall not be greater than six (6) feet in length and two (2) feet in height. No commercial message displayed thereon shall appear other than on the fTont or rear surface of such backrest area. Should any message be deemed objectionable in the judgment of the County Administrator, then, upon notice to Metro such message shall forthwith be removed by Metro within fifteen (15) days after the notice to remove the bench. h. Any bench deemed by Florida Department of Transportation (referred to hereafter as "FDOT") Traffic, or County's Division of Code Enforcement to be a hazard shall be removed immediately upon written notice. If the bus bench is not properly maintained as to aesthetics, function, and safety, Metro shall be required to correct the deficiency within fifteen (15) days after notice or remove the bench. 1. The bench location shall meet the set back and minimum clear recovery zone requirements as detailed in the FDOT's Roadway and Traffic Design Standards. Bench placement shall also be subject to the criteria established by FDOT in accordance with the current provisions of Chapter 337, Florida Stahttes. All bus benches shall be located so as to leave thirty-six (36) inches clearance for pedestrians and persons in wheelchairs, which clearance shall be measured in a direction perpendicular to the centerline of a road. J. Should any bench fail to conform to the above general criteria or should a property owner object to the presence of a bench . abutting his property then the County Administrator may request by written notice that Metro remove such bench within thirty (30) days of the date of the notice, and upon Metro's failure to do so, the County may remove same at the expense of Metro. 3. The County, in its discretion, shall reserve the right to designate ª particular residential street ef segments of particular residential streets, or single g:\agreemnt\docs\metro. bus 4 \r ....." family residential zones as "scenic residential areas," thereby excluding such streets or segments thereof from the display of commercial messages on said benches, or in the alternative, from the installation of benches as herein provided. In addition, the County shall reserve the right to, upon notice to Metro, order the removal of any particular bench which the County, in its judgment, believes not to be located to the public benefit Should Metro fail to remove such bench then the County may rem'ove same at the expense of Metro. The aforesaid rights, however, shall not be abused by the County. 4. The benches which are the subject of this proposal shall remain the property of Metro and Metro shall maintain said benches in a good and substantial state of repair. 5. Metro shall at all times hereunder maintain public liability insurance and shall provide the County with a Certificate of Insurance as evidence of same. Public Liability coverage shall not be less than $1,000,000.00 each occurrence combined single limit bodily injury and property damage liability. Vehicle liability shall be not less than $1,000,000.00 each occurrence combined single limit bodily injury and property damage liability covering all of Metro vehicles. 6. The program for the placement and maintenance of benches established by the acceptance of this proposal shall be sponsored or co-sponsored by the Clubs g:\agre emnt\doc s\m e tro. bus 5 '-' '--' and, notwithstanding anything herein to the contrary, such sponsorship shall be the Clubs' only right and obligation hereunder. The benches shall be referred to as the "Clubs' benches". In order to assure the quasi-commercial nature of such program, it is the intention of the parties hereto that there shall at all times hereunder be not less than one civic, service or charitable organization as sponsor of same. Should the Clubs at any time and for any reason be compelled to withdraw as sponsors of the public seating service established by the acceptance of this proposal so as to leave no sponsoring organization for same, Metro shall, within ninety (90) days thereafter select and substitute another civic, service or charitable organization as sponsor. Should Metro, within such ninety (90) day period, fail to select and substitute another civic, service or charitable organization as sponsor, then the County, upon the giving of thirty (30) days notice in writing, may tenninate the rights and obligations created by the acceptance of this proposal. In the event that sponsor should be compelled to withdraw its sponsorship, the County shall be notified of such withdrawal in a timely manner. 7.(a) Six (6) months from the date this contract is entered into by the parties and at twelve (12) month intervals thereafter, Metro shall render a report identifying all bench locations within the unincorporated areas for the County's g: \agreemnt\docs\me tro. bus 6 '-' ""'" review and to relocate benches for the better use at transit stops and/or other points of pedestrian convenience or necessity. 7.(b) It is expressly understood and agreed that the rights and obligations created by the acceptance of this proposal by the County shall remain in full force and effect for a period of three (3) years from the date of such acceptance. This agreement shall be. extended and renewed for three (3) additional three (3) year periods upon the same tenns, covenants and conditions unless the County notifies Metro and the' Clubs in writing of its intention to tenninate the agreement within ninety (90) days of the renewal date of each respective three year period. 8. Should Metro and/or the Clubs be found in default of any of the conditions herein, it shall be given notice in writing and a reasonable time to . correct same. In the event that Metro should fail to correct such default within thirty (30) days after receipt of notice of same, the County may, at its option, tenninate the rights and obligations created by the acceptance of this proposal upon the giving of thirty (30) days notice in writing to the Clubs and to Metro. Should such tennination duly occur, then Metro shall be allowed an additional thirty (30) days to remove its benches. Notice of any deficiency or default of Metro or of the Clubs shall be given by the County jointly at the principal offices of Metro and of the Clubs. g:\agreemn t\docs\metro. bus 7 """ '-' 9. Where notice is required or otherwise given pursuant to the contract created by the acceptance of this proposal, it shalÍ be in writing sent by registered or certified mail, to the relevant principal office with return receipt requested. Time is of the essence of this proposal agreement. 10. Should any provision hereof, for any reason, be found invalid or unconstitutional by a Court of competent jurisdiction, it is understood and agreed that such provision shall be severed from the whole and that such finding shall be without affect 'upon the remaining provisions. 11. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified, or registered mail, return receipt requested first class postage prepaid, and addressed as follows: If to Metro: Metropolitan Systems, Inc. Post Office Box 1185 West Palm Beach, Florida 33402 Metropolitan Systems, Inc. 3014 Horatio Avenue Tampa, Florida 33609 If to Clubs: Fort Pierce Jaycees Post Office Box 907 Fort Pierce, Florida 34954 Port St. Lucie Jaycees Post Office Box 7374 Port St. Lucie, Florida 34987 United Way of St. Lucie County 4800 South Federal Highway Big Brother's/Big Sisters of St. Lucie County g: \agreemnt\doc s\rnetro. bus 8 '-' Fort Pierce, Florida 34982 Boy's and Girl's Club of St. Lucie County 607 North Seventh Street Fort Pierce, Florida 34982 If to County: St. Lucie County Administrator 2300 Virginia A venue, Third Floor Fort Pierce, Florida 34982 County Engineer 2300 Virginia' Avenue Fort Pierce, Florida 34982 Attested: µÆ..J..~ o1t- Secretary Attested: oé)J ~ «dJ Secretary Att g :\agreemnt\docs\metro. bus ....." 4800 South Federal Highway Fort Pierce, Florida 34950 St. Lucie County Attorney 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 Jaycees By: Port St. Lucie Jaycees BY:~ ~ #J / . Pre ent Big BrotherslBig Sisters of St. Lucie County 9 \...- 'wi Attested: ~ 5-n~;LjuU Secretary By: Q~ 71{.' ð ~t..1 o Executive Director Attested: ~ ~ Secretary Boys and Girls Club of St Lucie C~unty .--J / I BY:~ Executive Director Attested: /M ~?~ Ass CSecretary Metropolitan Systems, Inc. By£l~>Q~\ \~ M-. \J - President Board of County Commissioners of St Lucie County, Florida ... ,,~.~^.'..ìr " ji t L C".....~\~"..I( ..., t...... <J- {J}¡rvL, '..... ,/ ~:""'1 " '--"'. §/ '\"-~'_~¡'.".I. . ,.._ By: ~ ~t ( ; . ....~ ,ie,' Cha! an ~ PTANCE BY ST. LUCIE COUNTY 9"'(jG/ï'f't Approved as to form and corr ctness: g: \agreemnt\docs\metro. bus 10 r f..v; f'>- rvcßµ. . "'" J ......." US-I S. County Line W. side 7 Jon Simth _ r -\ S. of Savanna Club E. side (psi line) T ottoo - ç;;::;:A S. of Savanna Club W. side (psI line) St Lucie Jewlerv -(;,OOó Midway NE cor 8 Treasure Coast Aluminum NE St. James Big Brothers -C_...A Ulrich SW cor 15 Pat Hartman Real Estate -{,oo ¡" NE Farmers Mkt Rd. Stone & Granite .::r..-M.I.. Kitterman Rd NE cor 17 Florist - G,c,OA Midway NW cor 29 Southland Auto - f'__ ~ I Prima Vista NW cor 32 Florist - c;.l'V"\~ Savanna Club NE cor 33 Florist - G-c>c>~ . Mangrove Sq. SB 36 Florist - r;~ Village Sq. N. end 37 Joshua/House ::¡;;-~ ..,.- Village Sq. S. end 38 B-Tan -('T';-~ Mariposa NE cor 39 St. Lucie Jewlerv - T Mariposa SE cor 40 Florist - c.ooà. Pine PK. Mobil Horne? Tumbleking Rd. NE cor 43 United Wayt -('".ör>A Weatherbee Rd SE cor 44 pC/MAC computers "ws-const 6/5 -Gooð, Between Rio Mar and Prima Vista 45 Harbor Place - (;.-:';...A ImIDo SW cor 46 Frank & Ai's Pizza Prima Vista E. side 47 Southland Auto -[.,.,~ PSL Blvd. SW cor 48 Jon Smith -(;,OnA, Savannahs Club SW cor 51 Make UP _ -( ~J Rio Mar NW cor 22 Florist - r'. - J Kitterman Rd. NW cor 24 Joshua Ent. - we buy houses -~ St. Lucie Blvd SW cor 59 Goodfellas -...n ......1 Easy St. SW cnr 72 Treasure Coast Aluminum " I SL Sq. main ent. 28 Joshua Ent. - we buy houses :~ Williamsburg SW cor Real Estate - r .- 1 NE North Bridge Goodfellas -GoDA SE North Bridge , - . Orange Ave. NE cor 27 -;;- .' . lGngs Hwy Mc Donalds - ' St. Lucie Blvd. NE REMOVED - W. Garden Pky. 12 Mc Donalds - r:. --'" lndrio NE cor 54 Frank & Ai's ~r~A Orange SE cor 60 Palm Truck - Gorrl v. mi. N. of Orange Y avor;kv' s - (. T Prima Vista Banyan SE cor 68 Florist ;:r. I Marina ent. 69 Florist -~~ North AlA N. Beach Causeway NW 31 Eauitv / Houses _r - T Raddison Hotel 77 Raddison -r"':;:¡ Marina Rd. NW cor. 78 Days Inn -~ ood Mawr. Ocean Towers . 74 wordprolSLClocations So "I\e () cz. ed e J 8/412003 ~ \.A· 0-, I \ CÅA'e 3°oJ. ' \'\ \\ were. o¡ooö-, "" \',!J<\Q.. c..-\~V\~~' ." I .f. '. f '"" ) . '-" Ocean Resort E. side 75 . Midway 25th SE cor 80 Frank & Al's Pizza - ~ I SeIvetS Rd SE cor Detroit Deisel - - , Edwards 25th SE cor 86 r^ -. . Oleander SE cor. 88 ('..';~d , ImIDo Zippy Mart 87 Eauity/ Houses S. Huchinson · Island · · 8/4/2003 wordprolSLClocations ...... ""'" _~.:"'i.~ .', ,--'" -.- . '- '"" --=:-~~ ~ -- ~ .·.·,J1Y-hJ~1~~~.~~i, ,~;:~\ lriji¡~~i'\\~ ~:k:.i'i(~?..t ~ Þ"1~Ø~ MIDWAY NW CORNER RUSSELL ZERVOS INSPECTOR & PETER BROWN "'" 'wi ULRICH SW COR OS INSPECTOR & PETER BROWN RUSSELL ZERV \w.. 'wt! EASY ST SW CORNER RUSSELL ZERVOS INSPERCTOR & PETER BROWN · ... ..."." 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" ,'f-f;',!::-''>'-'' -- ",{~---... .---~.. ~ .. .- ··...··t;{;;ë'5.~''!\'.;;;· .'~ - , -~- .j;J.,r',:",,_: !-':~'!-.'''' ,',,"i; .' ,:,"<",...,> , , ,_ ,.;~.'~íi';~';'~~ì~~::::i~~;~~]:~:~)~~t,:' -- -..'.' . :\i....,,:¡\.:i"f.~ø-.-"~i¡,..k)¥".1 _ ¿~~"Þ,J o?-""t~;::.:r':~ "~'~~··ì.L~J7~,~ ':.-'-·,,·_r',. -< ST LUCIE SQ SOUTH END RUSSELL ZERVOS INSPECTOR & PETER BROW1'\ '-' -t ..' ~~. .... ST LUCIE SQURE MAIN ENTRANCE RUSSELL ZERVOS INSPECTOR & PETER BROWN \..- .; KITTERMAN RD NE COR RUSSELL ZERVOS INSPECTOR & PETER BROWN ~ ...., MIDWAY NE COR RUSSELL ZERVOS INSPECTOR & PETER BROWN """" ....,¡ PCs & MAC COMPU I REPAIRS . UPG ~ . NE71'.'O'<KJNG· TRAf, · TROUBLE SI-IOartN. ~ WEATHERBEE RD SE COR RUSSELL ZERVOS INSPECTOR & PETER BROWN "'" ~ ·m 'u99 re 0 WEATHERBEE RD SW COR RUSSELL ZERVOS INSPECTOR & PETER BROWN - '-' ...,¡ ",,..~:.,~ . !:-i~,.", ';,,;;,~,-,{ ."",- ,':" ~; ,-..." ". '---:. :...¿ ", ~'~~~~~-'--~~~~.!' ',~r~~~ . ~:'.' ~ ,,.....(-,.~~~ '. '10,. 1.'~\ '" -,-. "'-"'~..l' ';"'~ ~ ~ 'Õ,.!It:'~ '"'L1 - . , - TUMBLEKING RD NE COR RUSSELL ZERVOS INSPECTOR & PETER BROWN """ -....J , r~¥~'c' . !:~~ff:' . '- ]~ C.-¡ j~1J 1. , _.. ' ~'~-_'I '___J ~\ä-.- , ,- .J ¡~ -::~t¡::: ~'41l4 ), .~.,~,..--^'~ ~.:..... c , -- cJ r, m ~....;;J ... ,p O I'·" _ - <"f~~" - . '. ~. .,w.- .. -' - NE FARMERS MKT RD RUSSELL ZERVOS INSPECTOR & PETER BROWN """ ...¡ RADDISON HOTEL NORTH AlA RUSSELL ZERVOS INSPECTOR & PETER BROWN '-' ...,.¡ ,~ , -- ----- ,~ .I: SEL VETS RD SE COR RUSSELL ZERVOS INSPECTOR & PETER BROWN ~ '-' '¡'. ~. ,"-- ---C-'V'~'"l .... -,--'1 MIDWAY 25TH ST SE COR RUSSELL ZERVOS INSPECTOR & PETER BROWN ~ -' ~3~;~~k~~~i~~;~¿~~~~~~~B~~R "-' -' MARINA RD NW COR NORTH AlA RUSSELL ZERVOS INSPECTOR & PETER BROWN ~ . ..... . .~, . -~. -- ."-; ~.:'~~~::~ ~~~.~:/~.., .-....,.- , . - ", . 1£.:.(........ .. ~- ,- ~ ~' . ::;'--~:~" -.);- ;- r , .~ -'.~-:~-.~:_...: ..... ~ :'-- OCEAN RESORT EAST SIDE NORTH AlA RUSSELL ZERVOS INSPECTOR & PETER BROWN . _..-. --c -...,.......-:..; .,. ".....~. _~~; :.;.-~:.=-.·..F.t. '-' , ...., , MAWR OCEAN TOWERS NORTH AlA RUSSELL ZERVOS INSPECTOR & PETER BROWN \¡.,A ..,¡- . ~J " .~ \ \ NE CORNER NORTH BRIDGE RUSSELL ZERVOS INSPECTOR & PETER BROWN '~, '" '-' ""'" J~ 'fl' .~ NE CORNER NORTH BRIDGE RUSSELL ZERVOS INSPECTOR & PETER BROWN .~"--.. "'-.., ", ~ ....." _.- ,.....IJI1. ~M"""''' . __ ."TTõ""" I.' t -1...L..l1~-.<.i!dl . ~._ ---. I . ,_. :~ .~'o;-"::'~"'~"~'~ , .~;:...!!:~~if;' SE COR NORTH BRIDGE RUSSELL ZERVOS INSPECTOR & PETER BROWN '-' '-' .,. ...~~~'-"....-..:.....:::- . - --::-.." .,#-..;,.-- ~~---:--~...... ~--~ " J ·"'_1 ST LUCIE BLVD SW COR RUSSELL ZERVOS INSPECTOR & PETER BROWN "" ....; ----- . ~.. ~_..--- . .. --.... --..-- 'PI/lA'SUB$~" 'PASTA" 595-9'173; -- . . ...--:'O"--7----~. . ~ -..~-- INDRIO RD SW CORNER RUSSELL ZERVOS INSPECTOR & PETER BROWN '-' ....." -" WEST GARDEN PWKY KINGS HWY RUSSELL ZERVOS INSPECTOR & PETER BROWN ~ """ ;0 -'..,. ....;:"~ ,":_- ~. ~ .!f" ;.:- INDRIO RD & KINGS HWY RUSSELL ZERVOS INSPECTOR & PETER BROWN ~ 'will INDRIO RD & KINGS HWY RUSSELL ZERVOS INSPECTOR & PETER BROWN ~ """ Comer Of Edwards & 25th Street Comer Of 25th & St. James \..-- ...." .. _~. -, ",'__ ___' ~-.._, .".,.._-,.,-, ."~~<,nr~---·':~.",_~ ~1~~~f~~~~~7n:l~'~~~~"7~è~ .;;~Úf~J ... .:. '.. .i~;i:>;.>:é~;_~:~:;·~'~Y~r~;;:~~:'~::}};?:';';'- <~:~.~;;~: - .' 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Ct; GJIC"')iC; · · ., ..."", ..-~., / I j /}" II ,I, _.,:Î;,;:::-:;, '''Ii::':' ,/: l ,r'" . ;;,~ I' TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Bi-Weekly Committee Reports ...", AGENDA REQUEST ITEM NO~ DATE: Septem"er 23.2003 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: BOCC BACKGROUND: At the April 11. 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda. on a bi-weekly basis. to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on, It has been decided by the County Administrator that this item will"e placed on the agenda on the 2"' and 4'" Tuesday of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Blueway Advisory Committee Cham"er of Commerce Board of Dir. Children's Services Council Cultural Affairs Council Friends of SLC Li"rary Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ ] APPROVED [] DENIED (1\ OTHER: ^ Reports Given .f-r'- Bruhn, Barnes· Absent Meetinf: Date As Needed Monthly 2"' Thursday 2'" Tuesday 2'" Thursday 2'" Wednesday 3'" Wednesday Quarterly 3" Friday CONCURRENCE: Commissioner Ba rnes Lewis Lewis Lewis Bruhn Barnes Bruhn/Coward Lewis Coward/Hutchinson 09/22/03 F"7/lliWARR FUND 001 001137 001148 001149 001152 001155 001274 001809 101 101002 101006 102 102001 ,105 107 107001 107003 121 129 140 140001 , - ~ 183001 183215 204 215 282 315 316 316201 382 396 401 418 421 441 449 451 458 461 471 478 479 481 491 ::"C; 001 '-' """ ST. LUCIE COUNTY - BOARD WARRANT LIST #51- 13-SEP-2003 TO 19-5EP-2003 FUND SUMMARY TITLE General Fund Zora Neala Hurston Dust Tracks Heri CSBG Grant FY03 Section 112/MPO/FHWA/Planning 2004 Urban Mobile Irrigation Lab 02/03 USDOJ Violence Against Women Grant FDCA Erner Mgmt Prep & Assis FY03 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut 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-800 Mhz Oper Blakely Subdivision Fund Parks !l:STU Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat OSCA Traffic Infraction FY02/03 Communication System I&S Fund Sales Tax Revenue Bonds I&S Fund Environmental Land I&S Fund County Building Fund County Capital FDEP/F?~AP Savanna Rec Phase II Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util - Capital Facilities 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 Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund EXPENSES 130,084.31 3,371.00 2,350.83 0.74 65.85 11,088.13 3,887.37 5.31 72,278.69 44,582.17 16,692.81 14,051.09 3,113.24 927.29 144,841.18 556.25 121.93 69.25 12,500.00 8,572.75 19,644.77 16.20 1,285.08 1,125.00 2,690.00 188,668.73 31,977.00 4,311,071.67 12,985.02 227,344.48 1,053.75 64,725.76 1,111.90 88,404.55 6,782.27 1,798.24 386,244.03 9,912.18 45,427.16 3,538.17 3,015.42 261,856.53 3,508.30 887.17 994.97 4,673.67 335,851. 09 2,652.00 - PAGE 1 PAYROLL 25,107.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,065.72 0.00 09/22/03 :=7/U3WARR FUND 611 625 676 ~ ......,¡ ST. LUCIE COUNTY - BOÞ_~ WARRANT LIST #51- 13-SEP-2003 TO 19-5EP-2003 FUND SUMMARY TITLE EXPENSES Tourist Development Trust-Adv Fund Law Library King Orange MSBU Fund 4,162.55 5.94- 4,312.50 GRAND TOTAL: 6,496,874.43 PAGE 2 PAYROLL 0.00 0.00 0.00 32, 172 .82 \,.. ...,,; 09/22/03 ST. LUCIE COUNTY - BOARD PAGE 1 F7ABWARR VOID LIST# 51- 13-SEP-2003 TO 19-5EP-2003 ruÑD: 001 - General Fund CHECK INVOICE VENDOR TOTAL 00302348 I2328966 Roto Rooter 175.00 FUND TOTAL: 175.00 ..,- " - ~ .... Agenda Request Item Number C)~ I Date: Sept. 23, 2003 Consent Regular Public Presentation Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider granting Final Plat approval to the Portofino Shores Planned U t Development and approving and InterJocal Agreement between the Portofino Shores Community eveJopment District and Sllucie County Commission. BACKGROUND: On October 1, 2002, the Board of County Commissioners approved Resolution 03·154 granting Flnat Planned Unn Devetopment for the residential project to be known as Portofinlo Shores. The Portofino Shores Planned Unit Development Is a 519 unit residential project located in the Lakewood Park area of the County. Development of the property has begun In accord with all permitted works for the property. The developers of the Portoflno Shores Planned Unit Developmant have created a Community Development District to be used for the purpose of infrastructure finance. This Community Development District will be the finance tool used to provide security In order to permit the recording of these ptats prior to the works being completed. The County's Land Development Code provides a process that Improvements may be bonded in lieu of their being completed prior to the recording of the plats. The bonding or security shall be In a manner and form acceptable to the County Attomey. Since we are dealing with a Community Development District (CDD), which Is a form of locat govemment recognized by the State of Rorida, rather than.go through our typical guarantee/sureties program, the Portofino Shores Community Development District has proposed to enter Into an Interiock agreement with Sl Lucie County that would provide sufficient security to cover the cost of all required Improvements associated with the Portofino Shores, Planned Unit Development. FUNDS AVAILABLE: N/A PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends that the Board authorize the final processing of the final plats for the Portofino Shores, Planned Unn Devetopment and that the Board authorize the execution of the attached Intericcal Agreement between tha Portofino Shores Community Development District and St. Lucie County in regard to the financing of the required improvements associated with tha final plats for the Portofino Shores, Planned Unn Development. COMMISSION ACTION: CONCURRENCE: [X] APPROVED D OTHER D DENIED Approved (3·0) Bruhn, Barnes· Absent County Attorney Originating Dept.: Finance: Jß Coordination! Signatures Mgt. & Budget: Other: \.}Â'II.t~ Purchasing: Other: (AGEND736a) . . ""' ....." ~ COUNTY ........ FLORIDA - COUNTY COMMISSION: September 23, 2003 DEPARTEMNT of COMMUNITY DEVELOPEMNT MEMORANDUM TO: County Commission FROM: Community Development Director DATE: September 18, 2003 SUBJECT: Consider granting Final Plat approval to the Portofino Shores Planned Unit Development and approving and Interlocal Agreement between the Portofino Shores Community Development District and St. Lucie County Commission. On October 1, 2002, the Board of County Commissioners approved Resolution 03-154 granting Final Planned Unit Development for the residential project to be known as Portofinio Shores. The Portofino Shores Planned Unit Development is a 519 unit residential project located in the Lakewood Park area of the County. Development of the property has begun in accord with all permitted works for the property. Attached is a copy of the final record plats for the Portofino Shores Development. The submitted plats for this property include lot divisions for the first phase and identifies remainder tracts for the remaining phases of development. As development activities in these remaining tracts proceed, amended plats will be filed to identify the specific lot lines for the next phases of the project. The developers of the Portofino Shores Planned Unit Development have created a Community Development District to be used for the purpose of infrastructure finance. This Community Development Distric;t will be the finance tool used to provide security in order to permit the recording of these plats prior to the works being completed. The County's Land Development Code provides a process that improvements may be bonded in lieu of their being completed prior to the recording of the plats. The bonding or security shall be in a manner and fonn acceptable to the County Attorney. Since we are dealing with a Community Development District (CD D), which is a fonn of local government recognized by the State of Florida, rather than go through our typical guarantee/sureties program, the Portofino Shores Community Development District has proposed to enter into an Interlocl Agreement with St. Lucie County that would provide sufficient security to cover the cost of all required improvements associated with the Portofino Shores, Planned Unit Development. Staff recommends that the Board authorize the final processing of the final plats for the Portofino - Shores, Planned Unit Development and that the Board authorize the execution of the attached Interlocal Agreement between the Portofino Shores Community Development District and St. Lucie County in regard to the financing of the required improvements associated with the final plats for the Portofino Shores, Planned Unit Development. DN PORTOFINOSHORESPUD]LATS1 (H) 00: County Attorney Asst County Administrator Community Development Director "'" .J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 03-1318 DATE: September 18,2003 SUBJECT: Portofino Shores - Interlocal Agreement with Porto fino Shores Community Development District for Subdivision Improvements Security BACKGROUND: Section l1.04.01.C.3 of the Land Development Code requires that a developer provide security for the estimated cost of the required subdivision improvements. Based upon the engineer's cost estimate for the improvements associated with four hundred ninety (490) of the lots, the required security for the Portofino Shores subdivision improvements is five million seventy-two thousand two hundred forty-eight and 89/100 dollars ($5,072,248.89). In conjunction with the development of subdivision, the Portofino Shores Community Development has issued special assessment bonds in the amount of five million eighty-five thousand and 00/1 00 dollars ($5,085,000.00). The District desires to guarantee the improvements with the bond proceeds. Attached to this memorandum is a proposed interlocal agreement drafted for this purpose. The filing of the final plat will be inphases with appropriate additional security as necessary. The County is in the process of preparing a permit application to the South Florida Water Management District for modifications to the Eastwood Canal water control structure which serves the area. As requested by the County's Public Works Director and as set forth in the agreement, the District has also agreed to construct these modifications once the permit is issued. . RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed interlocal agreement with the-Portofino Shores Community Development District, and authorize - the chairman to sign the agreement. Respectfully submitted, ~~ Heather Young Assistant County Attorney "" Attachment HY/ Copies to: ....., County Administrator Community Development Director Finance Director Public Works Director Deputy Clerk Press/Public "-'" '...I INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, entered into this _ day of 2003, by and between PORTO FINO SHORES COMMUNITY DEVELOPMENT DISTRICT, hereinafter referred to as the "District", and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County"; WIT NE SE TH: WHEREAS, Prime Homes at Porto fino Shores, Ltd. (the "Developer") is proceeding to effect a subdivision ofland in St. Lucie County; and, WHEREAS, the Developer intends to record a certain plat of a subdivision in St. Lucie County, Florida, to be known as Portofino Shores (the "Subdivision"); and, WHEREAS, subdivision and platting ordinances ofSt. Lucie County establish procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, requiring the installation of certain improvements and providing penalties for violations among other things; and, WHEREAS, a final plat of a subdivision within the unincorporated area ofSt. Lucie County shall not be recorded until the Developer has installed the required improvements or has guaranteed, to the satisfaction of the County, such improvements will be installed; and, WHEREAS, the required improvements of the Subdivision are to be installed after recordation of said plat under the guarantees posted with the County; and, WHEREAS, on March I, 2003, the District issued the Porto fino Shores Community D~velopment District Special Assessment Bonds, Series 2003A (the "Bonds) in the amount of five million eighty-five thousand and 000/1 00 dollars ($5,085,000.00) the proceeds of which the District now desires to pledge as security for construction of the required improvements. NOW THEREFORE, in consideration of the intent and desire of the District as set forth herein, and to gain approval of St. Lucie County to record said plat, the District and County agree '"" ...., as follows: I. COMPLETION OF REOUlRED IMPROVEMENTS. The District agrees to satisfactorily complete the required improvements for the above referenced development within twelve (12) months from and after the recording of the above referenced plat according to the construction plans approved by the County Engineer. The required improvements are more particularly set· forth on those certain plans for construction improvements drawn by the District's engineers, Culpepper & Terpening, Inc., dated November 4, 2002. The parties acknowledge and agree that the County is in the process of applying for a permit from the South Florida Water Management District for certain modifications to the Eastwood Canal water control structure. The District agrees to construct the modifications to the Eastwood Canal in accordance with the permit issued by the South Florida Water Management District pursuant to the County application. 2. SECURITY. The District, in accordance with the requirements established by the St. Lucie County Land Development Code, is required to supply the County with security in a form acceptable to the County Attorney in the amount of five million seventy-two thousand two hundred forty-eight and 89/100 dollars ($5,072,248.89) representing the estimated cost of the required improvements as submitted by the District's engineer and approved by the County Engineering Director. This amount includes the five percent (5%) to be guaranteed by the District for a period of one (1) year and thirty (30) days from the date the improvements are conditionally accepted by the St. Lucie County Board of County Commissioners in accordance with Section 11.04.01 of the St. Lucie County Land Development Code, to provide for maintenance of improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs - - necessary to repair or replace any part or portion of the required improvements occasioned by faulty engineering, workmanship, or materials. The District hereby certifies to the County that the proceeds of the Bonds are being held in trust to provide for the completion of the required improvements for not to exceed four hundred 2 \w "wi ninety (490) lots. The County hereby accepts such certification as sufficient security for the completion of the required improvements for these four hundred ninety (490) lots. 3. REDUCTION OF AMOUNT OF SECURITY. The amount of the security certification as provided herein may be reduced once during the term of this Agreement upon the completion of a portion of the required improvements by the District and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (100%) of the cost of completing the remaining required improvements plus five percent (5%) of the total cost for construction of all the required improvements. 4. SUPERVISION OF CONSTRUCTION. The required improvements shall be constructed under the supervision of the District's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, District's engineer shall furnish the County Engineering Director with a certificate of satisfactory completion for approval. 5. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event said required improvements are not constructed within twelve (12) months from the date of the recording of the above referenced plat, the County shall have and is hereby granted the right to cause the required improvements to be made and to be reimbursed by the District for all costs and expenses incurred in the construction thereof, including but not limited to, engineering, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed by the District for any damages, either direct or consequential, which the County may sustain as a result of the failure of District to carry out and execute all of the provisions of this Agreement and the provisions of the St. Lucie County Land Development Code. In the eve~t of District's failure or refusal !o construct and install the required improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by 3 \.or ....." District on written demand by the County Engineer. 6. RELEASE OF SECURITY. Upon completion of construction of all required improvements, the District's engineer shall certify that the improvements have been constructed in accordance with the regulations set forth in the St. Lucie County Land Development Code. When the improvements have been certified by the District's engineer, the County Engineering Director shall inspect the improvements and review the construction and supporting test/control data furnished by the District's engineer. If all required improvements are completed to the satisfaction of the County Engineering Director, the County Engineering Director shali confirm this in writing to the St. Lucie County Board of County Commissioners, and District's obligation hereunder shall be reduced to the fifteen percent (15%) to be held as security for maintenance, shall be released in accordance with Section 11.04.01 of the St. Lucie County Land Development Code. 7. RECORDATION OF PLAT. Following execution of this Agreement by both parties, County agrees to record the plat of the above referenced Subdivision at such time as the plat complies with the subdivision and platting requirements set forth in Chapter 177, Florida Statutes> and Section 11.03.00 of the St. Lucie County Land Development Code, and the District has provided the County with the appropriate security. 8. COMPLETE UNDERSTANDING: The Agreement contains a complete understanding of the parties hereto, notwithstanding any previous written or oral understandings between the parties on the same subject. 9 NOTICES: Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, ifsent by registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: 4 .... . ...,; As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With a CODY to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 As to District: District Manager Portofino Shores Community Development District 10300N.W.llthManor Coral Springs, Florida 33071 or to such other address as the parties may ITom time to time specify by writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. 10 AMENDMENTS: No amendment, modification, or waiver of this Agreement, or any part hereof, shall be valid or effective unless in writing and signed by both parties, and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. II FURTHER DOCUMENTS: Each of the parties hereto hereby agree that they will execute and deliver such further instruments and do such further acts and tJ:ings as may be necessary or desirable to carry out the purposes of this Agreement. 12 SECTIONS: CAPTIONS: Sections and other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent of intent of this Agreement or any provision hereof. 13.' SEVERABILITY: Each provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegibility or invalidity shall not effec!, the validity of the remainder of this Agreement. 14. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may oniy be amended by written document, properly authorized, executed and delivered by both parties hereto. This 5 ~ . ..." Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws ofthe State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. FILING: EFFECTIVE DATE: This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date ofthis Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 6 ~ ATTEST: SECRETARY g:\atty\agreemnt\interloc\portofino. wpd -....I BOARD OF SUPERVISORS PORTOFINO SHORES COMMUNITY DEVELOPMENT DISTRICT BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: DISTRICT COUNSEL 7 AGENDA REQUEST I~ NO. ~ffd- Date: September 23, 2002 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: 119 South lOth Street - Consent to Assignment of Lease Agreement with Florida Department ofJuvenile Justice to Florida Department of Children and Families BACKGROUND: See C.A. No. 03-1317 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners consent to the assignment of the lease agreement with the Florida Department of Juvenile Justice to the Florida Department of Children and Families effective October 1,2003. COMMISSION ACTION: CONCURRENCE: Approved (3·0) Bruhn, Barnes· Absent ~ []I APPROVED [ ] OTHER: [ ] DENIED Coordination/Sit:m atures County Attorney: '1J;;¡ J.,.. OJ ~ (/ Originating Dept.: Mgt. & Budget: Purchasing: Other: Other: Finance (Check for Copy only, ifapp]icable): ..... 'wtI/Á ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 03-1317 DATE: September 18, 2003 SUBJECT: 119 South lOth Street - Consent to Assignment of Lease Agreement with Florida Department of Juvenile Justice to Florida Department of Children and Families BACKGROUND: The County is the owner of the property located at 119 South 10" Street in Fort Pierce. On June 30, 1998, the County entered into a lease agreement with the Florida Department of Juvenile Justice (Lease No. 800:1717) which provides for the site to be used as a residential facility for teenage girls. The Department has requested County approval to assign the lease agreement to the Florida Department of Children and Families effective October I, 2003. The property wi]] serve a similar purpose as a foster home for teenage girls. The current lease term wi]] expire August 31, 2004. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners consent to the assignment of the lease agreement with the Florida Department of Juvenile Justice to the Florida Department of Children and Families effective October I, 2003. Respectfully submitted, ~. Heather ~ng Assistant County Attorney HY/ Copies to: County Administrator Central Services Director Finance Director Deputy Clerk PressIPublic ,. .' ;', ."""" /~ '-' AGENDA R~U~T U ITEM NO.~ DATE: SEPT. 23, 2003 INVESTMENT FOR THE FUTURE REGULAR[ ] PUBLIC HEARING [ ] 'CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY(DEPT): CENTRAl. SERV~CES SUBJECT: COURTHOUSE SECURITY I REALLOCATION OF FUNDS BACKGROUND: In response to concerns expressed recently, ...gardlng Courthouse security and recent events at this location, staff has met with Courthouse staff.. well a.'Sherlffstaff on the !Subject of added security atthe St. Lucie County Courthouse. To cøntroItþe f(ow oftråffic, thenorth entrance will become the only entrance Into the building, at this locatlonadded...çúrlty measures would be taken: proper identification conformation of Individuals ¡mterlngthttb\IÎt~ll1Øàswell as security measures to ensure weapons are not present. In addition, cameras and aUCilOàtert will be Installed at all other doors Into the building to alert sheriff staff of unauthòrlzed entry. Rèquest for quQ,"-s was received for the Installation ofthis security system and staff Is requesting to go with the it)west bidder, 1" Fire & Security (please see attached) at a cost of $18,990.00· . . IFF Funds In the amount of $21,986.00,OI'Igi.,aily !Judgeted for Mornlngslde Library and Administration Anne¥ maintenance projeets, Is available fortf\elmplementatlon of additional security measures. By utillzingln-hous. staff to compl.t. mail'rte/'laftC8proects at these locations we were able to finish under budget. Staff Is requesting reallocation of these a.,..lable funds for this pu'rpose and any additional work associated with this task. ·'1 316-1931-546200-7505 (Mornlngslde LlbrarylMalntenance Projects) 316_1931.546200-1526(Admltlls'tratio~ AnneX/Maintenance Projects) PREVIOUS ACTION: N/A FUNDS AVAIL: RECOMMENDATION: Staff recommends the Boatelof County Commissioners. approve the reallocation of the above listed IFF Funds In the amount of $21,986.00, øc:iwlth the lowestquote, 1" Fire & Security, and allow staff to Implement additional security measures at the St. Lucie County Courthouse. MISSION ACTION: i¥ APPROVED [] DENIED (( OTHER: ~ C~:: ~ft~~.:o:;i~~ Other: 0tI1er. Approved (3·0) Bruhn, Barnes· Absent County Attorney: ~ Ortginating Dept: l)(v Finance: (Check for Copy only, if AppHcable) in the amount of Elf. 1/97 H:\Agenda\Agènda~Courthouse Security.wpd "~;., "''''if;~'~';.i'''':'''' ",.'.. "..;";.'-".~" " '\." SO!p 1~3 01:52p Lena Andrews 772~2204 ",.1 . . -r.-: ".. :I~~. a.."\. -. _'. ,. ~ .Þ "'~",. . ,,~...~ '" , I.,.... G,(j).. .~~..., ." . '1\'· , ..........U ".. ...~~ St. I ~ County 2300 V-øã- Ave. Ft. PIerœ. FL 3498205652 REQUEST FOR QUOTATION DUE DATE: Sevt. 12, 2003 @ 2:00". COUNTY CONTACT 1Nr0000TION Contact P8Ison: Da-ri.ð .10"""00 CellI:ral SerricO!. Phone No. Faœmtie No. Sh' To: NIA S . Via: NlA 462-1431 ) 462-1444 TrtJe: Date of Quote: THIS IS NOT AN ORDER Please quote on the foIloowing ilems. Bid price shall be stated in units requested and shan remain finn for sixty (60) calendar days. The Coo QTY. is from FedefaI Excise IS9- 6000835 and Sales Tax #66-02-{)1773"7·53C DESCRIPTION ..._____.1JNIT' EXTENDS> PRICE $ $ ¡g, q'lO Security System. w1.th com: I c..... cabl.... Securicy Syst.ea. vit:hout: coax: I C0'ID4 cables /7,990 *See attacb.ed specificat:ioø.s.. RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMilE. MAIl. OR DElNER TO CONTACT PERSON AND ADDRESS/FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION WILL BE SUBJECT TO THE TERMS AND CONOITIONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQuIREMENTS: CommelCial Liability $1,000,000 per occurrence. 52,000.000 per job aggregate; Automobile UabRity $1.000,000; WOI1<ers Compensation $500,000 SPECIFICATIONS sO'",' .2 =3 J ~ :''¡7", SeCU~lt.~·One WPB 56168~'732 '72 462 l"'¡' ".2 . ~ S~~;~ ~9:28~ :~ntra¡ S.~vt~~~ "'.2 51. Luc:ie County 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE: SeDt. 12, 2003 @ 2:00pm . BIDDER INFORMATION I I Compan}' Name ~ oJ ¡ -\e", , Address; AI. ¡:: 1>,. "f Address: City/StatelZip: We.s{l:1J" ¡{>i...1I Fl. I ContaclPerson 1'1-1"" SJ.,f¡ . P~eNo. '\(J "n'IHI '" 1-[r . Facsimile No. . 6s> - J S' nature' I Title: .\: LPate of Quote: COUNTY CONTACT INFORMATION Contact Person: David Johnson De tIDiv. Central Services Phone No. 772) 462-14JL FacsimHe No. (772) 462-1444 Ship To; NIA f'!iJLVia: NIA ¡ i ---1 ! i . _--.1 j THIS IS NOT AN ORDER ---, I Please quote on the following itens. Bid price shall be stated In units requested and shall I' , remain firm tor sixty (60) calendar d3ys. ¡ The Coun,..!y is exempt from Federa: Exdse(#5~ 6000835 and Sales Tax 1t66.0Z-Q17737.5JCW QTY ¡ DESCRJPTIO~ I UNIT PRICE EXTENDED PRICE ! I 1$ 1 q 0 s,/ 3: i, $' ""fl Security Syate... Á,() '¡b" ~ f'C II ~ W"i th coax: I conn. cables :> , I I' Security System~ witho~t coax I comm. cables. I ¡ *$ee aCLached specifications.j In ¡ _ RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMILE, MAIL. OR DELJVER TO CONTACT PEftSON AND ADDRESS/FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATiON WILL BE SUBJECT TO THE TERMS AND CONDITiONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQUIREMENTS, Come,ercial Liability 51.000,000 per occurrence. 52,000.000 per job aggregate: Au~omOOile liability $1,000,(00. Worker's Compensation $500,000 SPECIFICATiONS IJ~I WZOOJ ~KJ 13:31 FAr 772 464 4501 ADT Security aOOllOOI t;ep De 03 ~05p Central Services ..."J 772 462 1444 ·p.2 SL Lucie County 2300 Virginia Ave. FL Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE: s.."t. 12, 2003 @ 2:00pm THIS IS NOT AN ORDER Please quote on the fallowing items. Bid price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The County is exemDI fram Federal Excise (#59- 6000835) and Sales Tax C#66-02-017737-53C\. Q1Y. DESCRIPTION UNIT PRICE EXTENDED PRICE $ $ 1- Securi~ System, II ZZ535.tJÖ \lit:h coax I Co.&. c..bl"" Security System, J Z'110~.()O I 1- v~tbout coax I CODD. cable~ *Saa at~achcd specifications. RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMilE, MAIL, OR DELIVER TO CONTACT PERSON AND AODRESSJFACSIMllE NUMBER ABOVE. ANY ORDERS RE$UL TlNG FROM THIS REQUEST FOR QUOTATION WILL BE SUBJECT TO THE TERMS AND CONDmONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQUIREMENTS: Commercial Liability 51.000,000 pc, occurrence, $2,000,000 per job aggregate; Automobile Liability $1,000,000; Wor1<e~s Compensation $500,000 SPECIFICATIONS 1 - - , , , \ AGENDA REOUEST IT~O. (2--- A + ADDITIONS Date: September 23, 2002 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attomey SUBJECT: Teamsters Local Union No. 769 - Approval of2003-04 Amendments to Insurance and Wage Articles ofthe Collective Bargaining Agreement BACKGROUND: See C.A. No. 03-1342 FUNDS A V AIL (State type & No. of transaction orN/A): Health Insurance Fund and various operating funds; 001- 9910-599310-800 (General Fund Salary Increase Reserve) and various funds under 001-9910-59931-800. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed 2003- 04 amendments to the Insurance and Wage articles of the Collective Bargaining Agreement with Teamsters Local Union No. 769, COMMISSION ACTION: CONCURRENCE: ~ ,X] APPROVED [] DENIED TJ OTHER: Approved (3·0) Bruhn, Barnes· Absent County Attorney: y Coordination/Si2na tu res Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, ¡fapplicable): "-" ......, t INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney CA NO: 03-1342 DATE: September 23, 2003 SUBJECT: Teamsters Local Union No. 769 - Approval of 2003-04 Amendments to Insurance and Wage Articles of the Collective Bargaining Agreement BACKGROUND: Pursuant to the current Collective Bargaining Agreement between the County and Teamsters Local Union No. 769, representatives of the County and the Union began negotiations on Article 18 (Insurance) and Article 32 (Wages) on June 30, 2003. Attached to this memorandum are the County's final Insurance and Wage proposals which were ratified by the Union members on September 22,2003. The proposals are summarized as follows: 1. Insurance - No increase in the employee share of health insurance premiums for 2004. (The insurance program runs on the calendar year.) 2. Wages - Three percent (3%) or thirty cents ($.30) per hour increase effective October 1,2003. It should be noted that the County will be absorbing the entire nineteen percent (19%) anticipated increase in insurance premiums for 2004. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed 2003-04 amendments to the Insurance and Wage articles of the Collective Bargaining Agreement with Teamsters Local Union No. 769. Respectfully submitted, ~ ;"b- Heather Young Assistant County Attorney ...... ¡, Attachments HY/ Copies to: ......, County Administrator Human Resources Services Director Finance Director Management and Budget Director Employee and Labor Relations Manager Risk Manager Deputy Clerk Press/Public ~ ..., . Countv Offer - June 30. 2003 ARTICLE 18 INSURANCE Section 1. For the period January 1, 2004 through and including December 31, 2004, regular full time bargaining unit will participate in the same health insurance program and coverage, including the same rates of employee contribution, as provided by the Board of County Commissiouers to its non- bargaining unit employees. The health insurance program shall include optional dental, prescription care and vision plans. Section 2. Regular full time bargaining unit employees will continue to be eligible to participate in the County's short term and long term disability program. Section 3. Regular full time bargaining unit employees will continue to be eligible to participate in the County's life insurance program. Section 4. Regular full time bargaining unit employees will continue to be eligible to participate in the County's employee assistance program (EAP). Section 5. Except as otherwise provided in this Agreement, the insurance coverage listed above shall be discontinued on the date the employee's services are terminated, the day he quits or retires, or the day he goes on any leave of absence other than Family Medical Leave Act leave, or is laid off, provided that, subject to the approval of the insurance carrier, said coverage will continue for that period for which the County has prepaid the premium for such employee. Section 6. Eligibility, coverage and benefits under the above insurance plans are subject to the terms and ...", """tfi conditions, including but not limited to any waiting period or other time limits, contained in the contracts between the County and the carrier. Any rebates or refunds of premiums paid by the County shall accrue to the County. With reference to the insurance set forth above, the County will continue to have the right to select carriers, to change carriers, and to be self-insured. It is further agreed that the only liability assumed by the County under this article is to pay the premiums agreed upon. Any claim settlement between an employee and the insurance carrier shall not be subject to the grievance procedure. \,c ...,. County Offer - Julv 9. 2003 ARTICLE 32 WAGES Section 1. Except as otherwise provided below, each bargaining unit employee, including those employees in an evaluation period as the result of a promotion, shall receive a thirty cents ($.30) per hour or three percent (3%) increase in his regular rate of pay, whichever is greater, effective October 1,2003. If an employee is at the top of the pay range for his position or the increase will exceed the top of the pay range for his position, he will receive the full amount of the increase, but the pay range for his position will not be affected as a result of his increase. Employees who are in their initial evaluation period ("new hires") shall not be eligible for the increase provided in this section. Section 2. Upon promotion to a higher pay grade, each bargaining unit employee shall receive a five percent (5%) wage increase or the bottom of the pay range for the new position, whichever is greater. Section 3. Except as otherwise provided in Article 15 (Transfers) and Article 16 (Promotions), an employee shall receive a five percent (5%) wage increase upon satisfactory completion of the evaluation period, effective with the first payroll period after completion of the evaluation period. ". , , AGENDA REQUEST IT-e:. NO.C¿W DATE: September 23,2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Noise Control Ordinance 03-35- Correcting A Scriveners error regarding the definition of "Night" BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A RECOMMENDATION CONCLUSION: Staff recommends that the Board of County Commissioners grant permission to advertise Ordinance 03-35 for a public hearing on October 14,2003. COMMISSION ACTION: CONCURRENCE: ~ "x~] APPROVED [ ] DENIED [ ] OTHER: Approved (3·0) Bruhn, Barnes" Absent Review and Approvals [X] County Attorney:L ]Management & Budget: [ ]Purchasing: [ I Comm. Development.: [J Public Works Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if opplicoble) Effective 5/96 " ....." , INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 03-1255 DATE: September 9, 2003 SUBJECT: Ordinance 03-35 - Noise Control Ordinance - Correcting A Scriveners error regarding the definition of "Night" BACKGROUND: Noise Control Ordinance 03-08 was approved by the Board of County Commissioners on January 7, 2003. It is necessary to correct a scriveners error in that ordinance regarding the definition of "Night". Night was incorrectly typed in Ordinance 03-08 as 10:01 pm to 6:59 pm. Ordinance 03-35 will correct the definition of "Night" to read 10:01 pm to 6:59 am. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners grant permission to advertise Ordinance 03-35 for a public hearing on October 14, 2003. Respectfully submitted ~ . Katherine Mackenzie-Smith Assistant County Attorney "'" ....." '. ORDINANCE NO. 03-35 AN ORDINANCE AMENDING CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST, LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-13.8-18TO CORRECT A SCRIVENERS ERROR REGARDING THE DEFINITION OF "NIGHT"; PROVIDING FOR CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE AND FOR TERMINATION, AND CODIFICATION. WHEREAS, on February 2, 1988, the Board of County Commissioners adopted Ordinance No. 88-20 which created Chapter 1-13.8, Noise Control, of the St. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, on September 17,2002, the Board adopted Ordinance No. 02-16 which provided for sound measurement based upon octave bands rather than decibel levels and established maximum pennissible vibration levels; and, WHEREAS, on January 7, 2003, the Board adopted Ordinance No. 03-08 which provided for certain use and activities to be exempt from the noise level regulations set forth in Chapter 1-13.8; and WHEREAS, it is appropriate to amend Section 1-13.8-19 to correct a scrivenors error regarding the definition of "Night". NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-18 AS FOLLOWS: Section 1-13.8-18. Maximum permissible sound levels and vibration levels by use district. (1) It shall be unlawful to project a sound or noise from one property into another property within the boundary of the use district which exceeds either the limiting noise spectra set forth in Table I below or exceeds the ambient noise level by more than three (3) St. ...."'I.. Huv...:;" words are deleted; underlined words are added. I ""'" ..." , decibels for any minimum part of a measurement period which measurement period shall not be less than sixty (60) seconds when measured as specified under the noise enforcement practices as adopted by the board of county commissioners by resolution. (2) (a) Sound or noise projecting from one (1) use district into another use district with a different noise level limit shall not exceed the limits of the district into which the noise is projected. For the purpose of this section, "Day" shall be considered to be from 7:00 a.m. to 10:00 p.m., and "Night" shall bè considered to be from 10:01 p.m. to 6.59 1""" 6:59 a.m. (b) Unless provided otherwise, such sound that tests in excess of any such sound affected site specific applicable resultant value, after applying all site-specific impulse sound and lor pure tone (character of sound) adjustment s, shall be a violation of this article. (c) Corrections for character of sound: Steady pure tone. For each sound that is a steady pure tone, the applicable maximum sound level limits set forth in Table 1 shall be reduced by five decibels at sound-affected sites/units in residential use districts. Non-repetitive impulsive sound. For any non-repetitive impulsive sound (up to five impulses in an hour), the maximum sound level limits set forth in Table I shall be increased by ten decibels from 7:00 a.m. to 10:00 p.m. TABLEt OCTAVE BAND NOISE LIMITS IN TERMS OF UN-WEIGHTED DECIBELS AND EQUIVALENT A-WEIGHTED DBA LEVELS Residentia1JResidential Commercial! Residential lndustria1JResidential Octave Band Day Night Day Night Day Night Center Frequency (Hertz) 31.5 57-59 52-54 64 59 64 59 63 57-59 52-54 64 59 64 59 125 54-56 49-51 61 56 61 56 250 50-52 45-47 57 52 57 52 500 46-48 41-43 53 48 53 48 1000 41-43 36-38 48 43 48 43 2000 37-39 32-34 44 39 44 39 4000 34-36 29-31 41 36 41 36 SLn,-,...l_ Muv"'61. words are deleted; underlined words are added. 2 '-' ..., '. 8000 dBA 30·32 48-50 25-27 43-45 37 55 32 50 37 55 32 50 (3) It is a violation of this article to operate, pennit, of suffer operation or use of any industrial, manufacturing and/or commercial device, facility, operation, or process that causes any vibrations which exceed the applicable displacement(s) in inches specified in Tables 2 and 3 below, at the property boundary of, or within, any vibration affected site or unit in a residential use district. Steady state vibrations are continuous or occur in discrete pulses more frequently than 100 impulses per minute. Discrete pulses that do not exceed 100 impulses per minute must not cause displacement in excess of twice the applicable value(s) in Tables 2 or 3. Impact vibrations occur in discrete pulses which are separated by a time interval of at least one minute and which occur no more than eight times in any 24- hour period. These vibrations regulations do not apply to activities conducted pursuant to, and to the extent authorized by, blasting pennits issued by the board or any other governmental entity that is authorized to issue such pennits. TABLE 2 APPLICABLE VIBRATION LIMITS RESIDENTIAL TO RESIDENTIAL USE DISTRICT Frequency Pennitted Level Rate of Vibrational Strokes Greater than Less than 100/Min 100/Min Less than 10 HZ.0004.0008 10·19 Hz.0002.0004 20·29 Hz.0001.0002 30-39 Hz.0001.0002 40-49 Hz.0001.0002 50 and Over.OOO1.0002 :-::[,........1. tluv....bh words are deleted; underlined words are added. 3 '" ...", '. TABLE 3 APPLICABLE VIBRATION LIMITS COMMERCIAL TO RESIDENTIAL AND INDUSTRIAL TO RESIDENTIAL Frequency Permitted Level Rate of Vibrational Strokes Greater than Less than 100/Min 100/Min Less than 10 HZ.0004.0008 10-19 Hz.0002.0004 20-29 Hz.0001.0002 30-39 Hz.0001.0002 40-49 Hz.0001.0002 50 and Over.0001.0002 (a) The following standards shall be used, as applicable, to measure vibrations: ISO-2631 (Mechanical vibrations and shock B Evaluation of human exposure to whole body vibration); ANSI S2.2-1959 (R1990) (Calibration of shock and vibration pickups); ANSI S2.61-1989 (ASA 78) (Mechanical mounting of accelerometers); ANSI S24.21-1957 (R1989) Characteristics of shock and vibration measurements). (b) A three component measuring system shall be used to measure vibrations. The testing system shall measure earth bome vibrations in three directions, each of which occurs at right angles to the other two. PARTB. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. Ifthis ordinance or any provision thereof shall be held to be inapplicable St....,...l..lluv...g1. words are deleted; underlined words are added. 4 "'" ..., to any person, property or circumstances, such holding shall not affect its applicabili ty to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated areas of St. Lucie County. PART E. FILING WITH DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. PARTG. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman CliffBames. XXX Vice Chairman Paula Lewis XXX Commissioner Doug Coward XXX Commissioner John D. Bruhn XXX Commissioner Frannie Hutchinson XXX PART H. CODIFICATION Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to H shall not be codified. PASSED AND DULY ADOPTED this _ day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK St. ...""k tiu ótlg], words are deleted; underlined words are added. 5 v ..."" APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY SL. ......k Muv....gh words are deleted; underlined words are added. 6 II , AGENDA REQUEST """'- ITEM NO. C-2b """" DA TE:September 23,2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] SUBMITTED BY(DEPT): Countv Attornev PRESENTED BY: Daniel McIntvre County Attorney TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Revocable License Agreement - Gene and Beverly Myers Hull 9801 South Indian River Drive BACKGROUND: Mr. & Mrs. Hull owns property on the East and West side of South Indian River Drive and has requested pennission to install utilities (water and electric) to their dock on the East side of South Indian River Drive. The County Engineering Department has reviewed and approved the location of the utilities. Attached for your review is the Revocable License Agreement, sketch of the encroachment area and a request from Mr. & Mrs. Hull for the License Agreement. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement with Mr.& Mrs. Hull, authorize the Chairman to execute the Agreement and direct staff to record the License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: "'] APPROVED [] DENIED [ ] OTHER: h Approved (3·0) Bruhn, Barnes' Absent [X] County Attorney: Review and Approvals J~' [X] Road and Bridge (u;--- [ ] Community Development f Áð [X] Engineering: MVÞ [X] Public Works:-'fwI> [X] Originating Dept: []Finance:(check for copy only, if applicable) G:\ACQ\ WPIJ anetILicenseagree\HuIl\Agenda, wpd '- ....." Gene Hull and Beverly Myers-Hull 9801 S. Indian River Drive Ft. Pierce, FL 34982 Phone 772/ 336"8666 September 6, 2003 Property Acquisition Division St Lucie County Board of Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Att: Janet LiCausi Property Aquisition Agent Dear Ms. LiCausi, This is a request letter for permission to put electric and water utilities under the right-of- way in fi-ont of our home at 9801 S. Indian River Drive in order to provide facilities to our boat dock. Attached is a sketch of the proposed utilities crossing Indian River Drive to the dock. Please advise if there is any further information we should provide. Thank you. Sincerely, C~ Gene Hull attachment þJ' 2L. '^- ~ ¡ W 1t-'1'P7L ",-,'. . 'oJ '-".-. L--- ì , ..-,/ ~ ~..::v v-./ ---- --- . --- íj){pc.,_~ ..-::::'--r(" ,; , . X7'/¡'r¡////)ft::MY;' ~Á--',j.¡i;"~,i7'.:, </It.~· . · .;. .' t<l ',I/'.. ,:/:>;~0'II¡ /t;'~1 .... / z; , I.. ï? ',f ,'¡ J i / ",', ~"': './:" ., ;>,' '/..- " I j. I í '.' ('I Þ I .. i' . . "I , .' I. ..' '. -, V """-' , ..- ~4 ~ .... . _"'"'_ . .-----.-.. > I' . , ( l 'ZedZ-M I ./ 3 If ú;JOL/I{ tI/IIlp_.(t.()~ I .:l!.PÞM bIi¡Lb~ //9:d'i . ~. -v } )1 / I I I ~ A:t 'í. ~C1IVGL1.. ¡ . . .- < . ./ {f¡ / - - o . . I (' !Jl1 r -----_.....__.....~_....._--......-._.... ...-;/. . :f /L. -~ . ~)fð 1 ,Ç $Al9/wfìJvJrL rr: ~) I?µ¿~ ~1C¡~7- Q!.?:WE I4-t I ¿(.. ~ r 'f1 rr!JlS-!iuL-L ""'" ....." This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attomey 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT TillS AGREEMENT, made and entered this _ day of ,2003, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and GENE HULL and BEVERLY MYERS HULL of9801 South Indian River Drive, Fort Pierce, FL 34982, (the "Owner"). WHEREAS,the Owner owns the property described as follows: LOCATION: 9801 SOUTH INDIAN RNER DRNE THAT PART OF THE FOLLOWING DESCRIPTION PROPERTY LYING EASTERLY OF EASTRIGHT-OF-W A YFECRAlLROAD: FROM NORTHWEST CORNER OF SECTION RUN SOUTHERLY ON WEST LINE OF SECTION 505 FT FOR POINT OF BEGINNING, THAN EASTERLY TO WEST BANK OF INDIANRNER, THEN SOUTHEASTERLY ALONG SAID WEST BANK 114.28 FEET, THAN WESTERLY TO WEST LINE OF SECTION, THAN NORTHERLY TO POINT OF BEGINNING WITH RIPARIAN RIGHTS - LESS INDIAN RNER DRNE RIGHT-OF-WAY. (OR 837-1169) TAX LD. 3529-221-0005-000/7 WHEREAS, the Owner, desires to install electric and water service across South Indian River Drive within a 3 inch PVC conduit pipe which encroaches the entire width of South Indian River Drive right-of-way. WHEREAS, the County is willing to permit the Owner to use South Indian River Drive right-of-way, to install and maintain a utility crossing subject to the terms and conditions set forth in this Revocable License Agreement. ""' .....,; NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a License Agreement for the purpose of providing electric and water (within a 3 inch PVC conduit pipe) to his dock lying on the East side of South Indian River Drive as indicated in the attached sketch and incorporated herein as Exhibit "A". The utility crossing will encroach the entire width of South Indian River Drive right-of-way. This license shall extend only to the above-referenced utility crossing and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this License Agreement is to allow the Owner a means of providing utility service between his property on the West side of South Indian River Drive and his dock on the East side of South Indian River Drive. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install and maintain a 3 inch PVC conduit pipe containing electric and water service under South Indian River Drive to adequately provide utility service between his property on the West and East side of South Indian River Drive. 4. The Owner is required to install the utility crossing in accordance with Standard Specifications for Public Works Constmction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. S. This License Agreement shall be binding on future successors and assignees ofthe Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the '-' "wtiÌ Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the utility service (3 inch PVC conduit pipe containing electric and water) to the dock lying on the East side of South Indian River Drive at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the installation ofthe utility improvements, the expiration of this License Agreement, or the revocation of this License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of South Indian River Drive by the County. 10. The utility service (3 inch PVC conduit pipe containing electric and water) to the dock lying on the East side of South Indian River Drive shall be constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval ofthe County Engineer. II. The Owner agrees to allow County employees access to the location of the utility service crossing (3 inch PVC conduit pipe containing electric and water) for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this '"" -- license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner: Gene Hull and Beverly Meyers-Hull 9801 South Indian River Drive Fort Pierce, FL 34982 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 ifby 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. 13. The Owner shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss oflife or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. '-' '.""", ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G§~ ~YER~#Ø STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this ~ day 1;¿~!ß~ ' 2003, by GENE HULL and BEVERLY MEYER-HULL who produced , ('yp' ofjd~"fi"tioo) ,od who did '.co ~ "lli. ¥ WITNESS myhand and official seal, this ø day of , A.D., 2003, /-? G:\ACQ\ WPlJanet\LícenseagreeIHuJ1\Hull LicenseAgreement.frm ~ Laveta N Gorhard Name it Mf~ÞiØ1JWa9~ Printed Ò'j-"š't~pMpril 20, 2~ ./ " ,., AGENDA REOUEST ITEM mr. C-2.f!.. Date: September 23, 2003 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No. 03-200 - Authorizing Participation by the St. Lucie County Housing Finance Authority in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2004A, Multi- County Program BACKGROUND: See C.A. No. 03-1242 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 03-200, as drafted. COMMISSION ACTION: CONCURRENCE: [ .'APPROVED [ ] OTHER: Approved (3·0) Bruhn, Bames . Absent ~ [ ] DENIED County Atlorney: $;1/ Coordination/Si2natu res Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): '-' ....." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney c.A. NO: 03-1242 DATE: September 17, 2003 SUBJECT: Resolution No. 03-200 - Authorizing Participation by the St. Lucie County Housing Finance Authority in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2004A, Multi-County Program BACKGROUND: Attached to this memorandum is a copy of proposed Resolution No. 03-200 which authorizes the St. Lucie County Housing Finance Authority to participate in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2004A, Multi-County Program. The program provides low interest mortgages for single family home buyers in the participating counties. On August 28, 2003, the Housing Finance Authority conducted a TEFRA hearing to consider participation in the 2004 Escambia County HF A Multi- County Program. Notice of the hearing was published in the Tribune and the Port St. Lucie News on July 25, 2003 and July 26, 2003. Following conclusion of the hearing, the Housing Finance Authority adopted HFA Resolution No. 03-01, which approves participation in the 2004 Escambia County HF A Multi-County Program subject to authorization by the Board of County Commissioners. The HF A resolution also provides for the approval of an interlocal agreement between the St. Lucie County Authority and the Escambia County HFA. Pursuant to the interlocal agreement, the Escambia County HF A will assume responsibility for the administration of the program. The St. Lucie County HFA's costs associated with participation in the program will be paid with proceeds from the program. In addition, the HFA will receive a participation fee equal to $1.00 per $1,000.00 principal amount ofbond allocation received from the State of Florida for use in St. Lucie County. Adoption of the resolution will not authorize or commit the expenditure of any funds of the Housing Finance Authority or St. Lucie County. The bonds are limited, special obligations and will not constitute debts of the Housing Finance Authority or St. Lucie County. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners approve proposed Resolution No. 03-200, as drafted. 1 ~ Attachment HY/ Copies to: 2 ....." Respectfully submitted, ~~ Heather Young Assistant County Attorney County Administrator Community Services Director Finance Director Management and Budget Director Deputy Clerk Press/Public "'" "wII ~ . RESOLUTION NO. 03-200 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, TO ENTER INTO AGREEMENTS WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY; APPROVING A FORM OF AND EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT; APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF NOT EXCEEDING $150,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2004A (MULTI-COUNTY PROGRAM) ON BEHALF OF ST. LUCIE COUNTY AND THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, PURSUANT TO SECTION 147(1) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT SUCH BONDS CONSTITUTE LIMITED, SPECIAL OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act") authorized counties to create housing finance authorities to exercise powers of the Act within their boundaries or outside their boundaries with the consent of the governing body of the territory outside their area of operation; and WHEREAS, the Board of County Commissioners of Escambia County, Florida, (the "Escambia Board") on May 29, 1980, adopted Ordinance No. 80-12 and on March 20, 2003, the Escambia Board enacted Ordinance 2003-8 (collectively, the "Ordinance"), creating the Escambia County Housing Finance Authority (the "Escambia Authority") and authorized the Escambia Authority to exercise all powers under the Act subject to approval by the Escambia Board as a condition precedent to the effectiveness of the certain actions of the Escambia Authority; and WHEREAS, pursuant to the Act, the Board of County Commissioners of St. Lucie County, Florida, (the "SI. Lucie Board") has found a shortage of affordable housing and capital for investment therein and a need for a housing finance authority to function in St. Lucie County, Florida ("St. Lucie County") and did accordingly create the Housing Finance Authority of SI. Lucie County, Florida (the "St. Lucie Authority"); and WHEREAS, it is not practicable at this time under existing Florida and Federal laws and regulations for the SI. Lucie Authority to issue its bonds for the purpose of implementing a single family housing program, although the shortage of such single family housing and capital for investment therein is continuing in SI. Lucie County; and WHEREAS, the Escambia Authority by resolutions duly adopted on June 13,2000 and May 14, 2002 (collectively, the "Enabling Resolutions"), as amended and supplemented, particularly as supplemented by a resolution dated as of May 13, 2003 (the "Authorizing Resolution"), authorized a plan of finance (the "Plan") for the issuance from time to time of not exceeding $400,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program) (the "Program"); and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2004A (Multi-County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $150,000,000, exclusive of any amounts required for refunding purposes; and MCL-07/22/03 Rev: Q8/J8/03-6519-St. Lucie BCe Reso '"" 'wI1Ì WHEREAS, Section 147(1) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code") requires public approval of certain private activity bonds and the plan of finance therefor by an applicable elected representative or governmental unit following a public hearing and the S1. Lucie Board, constitutes an applicable elected representative or governmental unit; and WHEREAS, pursuant to Section 147(f) of the Code a public hearing was scheduled by the S1. Lucie Authority for August 28, 2003, at 4:30 p.m. or soon thereafter, and notice of such hearing was given by publication more than fourteen (14) days prior to the public hearing; and WHEREAS, the S1. Lucie Authority has indicated that the public hearing was conducted at the time and place advertised and at such hearing reasonable opportunity was provided for all interested individuals to express their views, both orally and in writing, on the issuance of the Bonds; and WHEREAS, the St. Lucie Authority has provided to the S1. Lucie Board a copy of the minutes of such public hearing which is attached hereto as Exhibit "B"; and WHEREAS, the St. Lucie Board desires to express its approval of the action to be taken pursuant to the Enabling Resolutions and the Act and as required by Section 147(1) of the Code; and WHEREAS, the S1. Lucie Board desires to authorize the S1. Lucie Authority to undertake certain actions as necessary in connection with participation in the Escambia Multi-County Single Family Housing Program and the issuance, sale, authentication and delivery of the Bonds by Interlocal Agreement (the "lnterlocal Agreement") with the Escambia Authority; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Because of the continuing shortage of affordable single family housing and capital for investment therein in S1. Lucie County and the continuing impediments to a bond issue to alleviate such shortages as to single family housing, the S1. Lucie Board hereby consents to the Escambia Authority exercising its powers to issue the Bonds on behalf of St. Lucie County and the S1. Lucie Authority and to further implement the plan of finance to provide capital from sources of funds available to the Escambia Authority, including but not limited to a portion of the proceeds of the Bonds, and proceeds of obligations refunded by the Bonds, to establish a program to finance Mortgage Loans for single family housing within the statutory boundaries of S1. Lucie County ("Mortgage Loans"); provided, that the Escambia Authority and the St. Lucie Autbority first enter into a written agreement setting forth the powers, duties and limitations of the St. Lucie Authority as they pertain to participation in the Escambia Multi-County Single Family Housing Program and the issuance, sale, authentication and deJivery of said Bonds and the use of said Bond proceeds within St. Lucie County and payment of the issuance costs for such Bonds. Section 2. In furtherance ofthe purposes set forth in Section 1 hereof the Chairman or Vice- Chairman and Secretary or Deputy Secretary of the S1. Lucie Authority are hereby authorized to execute such consents, intergovernmental agreements, applications, instruments or other documents as shaH be required to implement participation by the S1. Lucie Authority in the Program and to provide for payment of St. Lucie Authority's proportionate share of the costs thereof, including but not limited to the costs of issuance of such Bonds, all as shall be approved by counsels to the S1. Lucie Authority. MCL-07/22J03 Rev: 08/18!03-6519-St. Lucie BCe Reso 2 ~ ....." Section 3. The Interlocal Agreement, in substantially the form attached hereto as Exhibit A, and made a part hereof, between the St. Lucie Authority and the Escambia Authority is hereby approved. The officers of the St. Lucie Authority are, upon due authorization and approval by that body, hereby authorized to enter into such Interlocal Agreement on behalf of the St. Lucie Authority with such changes, modifications, insertions, omissions, substitutions, and such filling of blanks therein not inconsistent herewith as the officers executing same may approve, such execution and delivery to be conclusive evidence of such approval. The appropriate officers of the St. Lucie Authority are hereby further authorized to execute and deliver such other documents and instruments as may be necessary to implement such Interlocal Agreement, including, without limitation, application for up to the maximum available private activity bond volume allocations pursuant to Chapter 159, Part VI, Florida Statutes, for the purposes set forth in the Interlocal Agreement. Section 4. The St. Lucie Board hereby approves, for the purpose of Section 147(1) of the Code, the Escambia Authority's plan of finance and the issuance by the Escambia Authority ftom time to time of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds Multi-County Program, initially designated as Series 2004A, for funding the Escambia Authority's program for Mortgage Loans, and such other action to be taken by the St. Lucie Authority pursuant to the Enabling Resolutions or the Act, in connection with the issuance, sale, authentication and delivery of the Bonds. A copy of the minutes of the public hearing held by the St. Lucie Authority on August 28, 2003 pursuant to Section 147(1) of the Code is attached hereto as Exhibit B and made a part hereof. The related Resolution of the St. Lucie Authority, adopted August 28, 2003, following the public hearing is attached hereto as Exhibit C and made a part hereo f. Section 5. The principal of and premium, if any, and interest on the Bonds and all payments required under the proposed financing agreements, including the Interlocal Agreement, shall be payable solely by the Escambia Authority ftom the proceeds derived by the Escambia Authority under the proposed financing agreements, and St. Lucie County shall never be required to (i) levy ad valorem taxes on any property within its territorial limits to pay the principal of andpremium, if any, and interest on the Bonds or to make any other payments provided for under the proposed financing agreements, or (ii) pay the same from any funds ofSt. Lucie County whatsoever. Adoption of this Resolution does not authorize or commit the expenditure of any funds of St. Lucie County or of the St. Lucie Authority to pay the costs of issuance or any other costs, fees or payments with respect to such Bonds. The Bonds are limited, special obligations and will not constitute a debt of the State of Florida, St. Lucie County, Escambia County, or other participating Counties or of the St. Lucie Authority, the Escambia Authority or other participating Housing Finance Authorities, but will be payable solely ftom payments made from the revenues generated from the Program. Section 6. All resolutions or parts thereof of the St. Lucie Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. MCL·07/221OJ Rev: 08/J8J03-6519·St. Lucie Bee Reso 3 "'-' ....." Section 7. This Resolution shall take effect immediate1y upon its adoption. Duly adopted in the regular session this _ day of ,2003. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Cliff Barnes, Chairman Board of County Commissioners (SEAL) ATTEST: By: Its: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners Approved as to form and correctness: By: County Attorney MCL·07/22/03 Rev: 08/J 8/03·65 J9-St. Lucie BCe Reso 4 "-' ....." Exhibit A INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into this 28th day of August, 2003, by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Escambia Authority"), and the HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Local Authority"); WIT N E SSE T H: WHEREAS, Chapter 159, Part IV of the Florida Statutes, (the "Act") authorizes the creation of housing finance authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, the Escambia Authority by resolutions duly adopted on June 13,2000 and May 14, 2002 (collectively, the "Enabling Resolutions"), as amended and supplemented, particularly as supplemented by a resolution dated as of May 13, 2003 (the "Authorizing Resolution"), authorized a plan of finance (the "Plan") for the issuance from time to time of not exceeding $400,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program) (the "Program"); and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2004A (Multi-County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $150,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of 1986, as amended (the "Code"), the amount of qualified mortgage bonds (as defined in Section 143 of the Code) which may be issued in each year is limited by a private activity volume cap which has been established for such purpose within the State; and WHEREAS, the limitations upon available portions of the private activity volume cap prevents the separate issuance of qualified mortgage bonds for each county from being feasibly and economically accomplished; and WHEREAS, the Escambia Authority has authorized a sufficient amount of Escambia Bonds the proceeds of which will be used to finance a portion of the anticipated demand during the proposed Origination Period for qualifying single family mortgages ("Mortgage Loans") of both Escambia County and S1. Lucie County, as well as certain other counties that may also participate in a joint bond program (the "Participating Counties"); and WHEREAS, the aggregation of mortgage loan demand and the securing of the related amount of the cumulative State private activity volume cap (the "Allocation Amount") granted by the State through 2004 (the "Authorization Period") for the purpose of issuing qualified mortgage revenue bonds to finance MCL·07/22!03 Rev: 08/18103-6519-51. Lucie Bee Reso A-] ~ ...., qualifying single family residences to be occupied primarily by first-time home buyers will result in a wider allocation of fixed expenses and certain other economies of scale; and WHEREAS, unless such economies are realized, the issuance of qualified mortgage revenue bonds for such purpose would be less economical, resulting in higher mortgage costs to qualified mortgagors; and WHEREAS, because the restrictions attendant to qualified mortgage bonds under the Code limit the availability of mortgage funds for many eligible persons (within the meaning of the Act), the Escambia Authority may also issue taxable mortgage revenue bonds to increase the amount available for Mortgage Loans and reduce or ameliorate such restrictions upon eligible persons; and WHEREAS, St. Lucie County, Florida (the "Participating County") has approved the issuance of qualified mortgage revenue bonds to alleviate the shortage of affordable housing within the Participating County, which approval has been granted by a resolution of the Board of County Commissioners of the Participating County adopted on ,2003 (the "County Resolution"); and WHEREAS, Sections 163.01, 159.608 and 125.01, Florida Statutes, and the County Resolution authorize this Agreement by conferring the authority to exercise or contract by agreement upon the Escambia Authority to exercise those powers which are common to it and the other parties hereto including issuing mortgage revenue bonds based on the Allocation Amount to (i) make available funds to finance qualifying single-family owner-occupied residences located within the Participating County in accordance herewith, (ii) establish the reserves therefor, and (iii) pay the costs of issuance thereof (collectively, the "Program"). NOW THEREFORE, the parties agree as follows: Section 1. Allocation Amount; Substitution of Bouds. The Local Authority hereby authorizes the Escambia Authority to issue, reissue, remarket or refund qualified mortgage revenue bonds, in the form of its Single Family Mortgage Revenue Bonds (the "Bonds") from time to time based on the Allocation Amount through the Authorization Period for the purpose of financing the Program and making funds available for qualifying single family owner-occupied residences in the Participating County to the full extent permitted by the Act. Any Escambia Bonds issued for such purposes with respect to the Participating County are hereby deemed to be in full substitution for an equivalent principal amount of the Local Authority's bonds that could have been issued for such purpose. The Local Authority hereby authorizes the Escambia Authority to utilize the Local Authority's Allocation Amount on behalf of the Local Authority, as part of its Plan for the purpose of funding the Program, including among other things, financing of qualifying single family mortgages in the Participating County, and the Escambia Authority is hereby designated as the bond issuing authority for the Local Authority through the end of the Authorization Period with respect to all such Allocation Amounts. The proceeds of the Escambia Bonds shall be allocated and applied solely to the funding, or refinancing of or refunding obligations, the proceeds of which will be used for the funding of Mortgage Loans within the various Participating Counties and for reserves and the payment of costs of issuing the Escambia Bonds, in accordance with Chapter 159, Part VI, Florida Statutes, the requirements of Section 103 and 143 of the Internal Revenue Code of 1986, as amended, and the instructions of bond counsel thereunder, in such manner as to provide fair access by residents of St. Lucie County to bond proceeds equal to the net Allocation Amount for St. Lucie County, giving due regard after July 1,2004, to the speed and extent of utilization of all Allocation Amounts within all Participating Counties so as to expend all net Bond proceeds to originate Loans as fast as possible. All revenues generated by bonds issued pursuant to this Agreement and by the use ofthe proceeds thereof, will be administered by the Escambia Authority, or its MCL·07122/03 Rev: 08/18/03·6519-St. Lucie Bce Reso A-2 '" """'" agents, and all payments due from such revenues shall be paid by the Escambia Authority, or its agents, without further action by the Local Authority. Section 2. Administration. The Escambia Authority hereby assumes sole responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Local Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within the Participating County, including, but not limited to, reasonably available mortgagor or profile data. The Escambia Authority and its agents shall provide the Local Authority with a copy of the transcript of documents and proceedings for the Escambia Bonds and such reports as may be necessary to comply with disclosure requirements and to account for funds generated by this Agreement. The Escambia Authority shall have full authority and responsibility to negotiate, define, validate, market, sell, issue, reissue, deliver, refund or remarket its Escambia Bonds in the maximum Allocation Amount, based upon mortgage loan demand and available Allocation Amounts permitted by law, to finance qualifying single family housing developments in the Participating County and to take such other action as may be necessary or convenient to accomplish such purpose. Each Participating County may apply for the full Allocation Amount available for such Participating County. It is agreed that the initial regional Allocation Amount for the Escambia Bonds in St. Lucie County and other Participating Counties located within the same bond volume allocation region under Section 159.804, Florida Statutes, shall be allocated ratably between St. Lucie County and such other Participating Counties within such region based upon lender demand. All lendable proceeds of the Escambia Bonds attributable to the mortgage loan demand in St. Lucie County shall be reserved for use in originating Mortgage Loans in St. Lucie County for an initial period of one hundred and twenty (120) days or until July I, 2004 whichever is later. The issuance and administration costs and expenses related to the Escambia Bonds issued to finance the Program and administration of such Program shall be paid from proceeds of the Escambia Bonds and revenues generated from the Program. Section 3. Program Parameters. (A) Upon request of the Escambia Authority, the Local Authority shall, to the extent permitted by law, (i) approve, establish, and update, from time to time as necessary, upon the request of the Escambia Authority, such Program parameters including, but not limited to, maximum housing price and maximum adjusted family income for eligible borrowers, as may be required for any bonds issued by the Escambia Authority pursuant to this Agreement and (ii) approve the allocation of Mortgage Loan moneys for each lending institute offering to originate Mortgage Loans within the Participating County. Unless otherwise notified in writing by the Local Authority, the Escarnbia Authority may from time to time approve and establish such maximum price and family income amounts at the maximum levels provided pursuant to the Code without further action of the Local Authority or Participating County. (B) The fees and expenses of the Local Authority and the fees and expenses of its counsels shall be paid from the proceeds of the Program in the manner and to the extent mutually agreed upon by the officials of the Local Authority and the Escambia Authority at or prior to issuance of the Escambia Bonds. Notwithstanding anything herein to the contrary, a program fee payable to the Local Authority from amounts received in connection with the issuance of the Bonds shall be equal to $1.00 per $1,000 principal amount of bond allocation received from the State of Florida for use in St. Lucie County. Section 4. Term. This Agreement will remain in full force and effect from the date of its execution until such time as it is terminated by any party upon ten (10) days written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by MCL·07/22/03 Rev: 08/18/03-6519-St. Lucie Bee Reso A-3 "-" ....." the Local Authority during the Authorization Period, or by any party during any period that the Escambia Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Escambia Bonds (or investments acquired through such proceeds) are still in the possession of the Escambia Authority, or its agents, pending distribution, unless either (i) the parties to this Agreement mutually agree in writing to the terms of such termination or (ii) such termination, by its terms, only applies prospectively to the authorization to issue Escambia Bonds for which no Allocation Amount has been obtained or used by the Escarnbia Authority and for which no purchase contract has been entered into. It is further agreed that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in fulfilling the obligations associated with the issuance of Bonds pursuant to this Agreement. Section 5. Indemnity. To the full extent permitted by law, the Escambia Authority agrees to hold the Participating County and the Local Authority harmless from any and all liability for any actions by the Escambia Authority relating to the Program, including, but not limited to the repayment of principal of, premium, if any, and interest or penalty on the Escambia Bonds issued pursuant to this Agreement, and the members, officials, employees and agents of the Participating County and the Local Authority harmless from any and all liability in connection with the approval rendered under the respective resolution adopted August 28, 2003. The Escambia Authority agrees that any offering, circular or official statement approved by and used in marketing the Escambia Bonds will include a statement to the effect that Bond owners may not look to the Participating County or the Local Authority and their respective members, officials, employees and agents for payment of the Escambia Bonds issued pursuant to this Agreement and interest or premium or penalty thereon. MCL·07/22/03 Rev: OSIlS/03·65J9·St. Lucie Bee Reso A-4 -- 'wi IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof as of the 28th day of August, 2003. ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY (SEAL) ATTEST: By: James D. Cronley, Chairman By: Robert Ward, Secretary HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA (SEAL) By: Robert Davis, Chairman ATTEST: By: Diana Wesloski, Secretary MCL·07/22/03 Rev: 08118/03~65! 9·St. Lucie BCe Reso A-S ~ ...., The undersigned Secretary of the Housing Finance Authority of St. Lucie County, Florida, does hereby certify that the foregoing is a true and complete original of the Interlocal Agreement executed by the Chairman and Secretary as of August 28, 2003. Date: August 28, 2003 HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA By: Its: Secretary Housing Finance Authority of St. Lucie County (SEAL) MCL·07/22/0J Rev: 081J 8/03-65 19·5t. Lucie BCe Reso A-6 "-" -.I Exhibit B MINUTES OF PUBLIC MEETING The public hearing was convened at the time and place advertised. All persons desiring to express their views upon the issuance of the Bonds or the Plan of Finance were afforded an opportunity to be heard. A list of those persons speaking in opposition to the Bonds is attached hereto. If any written comments were received by the St. Lucie County Housing Finance Authority concerning the proposed Bonds, copies of such comments are attached hereto. After all persons in attendance at the hearing were given opportunity to speak, the public hearing was closed at p.m on August 28, 2003. MCL·07122/0J Rev: 08/J8/03-6519-St. Lucie BCe Reso B-1 ..... ....., Exhibit C RESOLUTION NO. 03-01 A RESOLUTION OF THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, APPROVING A JOINT PROGRAM WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, FOR THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF ITS $150,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2004A (MULTI-COUNTY PROGRAM), ON BEHALF OF ST. LUCIE COUNTY, FLORIDA AND THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA TO FINANCE QUALIFYING SINGLE FAMILY MORTGAGE LOANS IN ST. LUCIE COUNTY, FLORIDA; PROVIDING THAT SUCH ESCAMBIA BONDS CONSTITUTE LIMITED, SPECIAL OBLIGATIONS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act"), authorizes the creation of housing financing authorities with the purpose of issuing revenue bonds to assist in alleviating a shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize the Board of County Commissioners of St. Lucie County, Florida (the "Governing Body"), to approve the operation of the Escambia County Housing Finance Authority (the "Escambia Authority"), within the territorial boundaries of, and the issuance by the Escambia Authority of revenue bonds to alleviate the shortage of affordable housing and capital available for investment therein within St. Lucie County, Florida ("St. Lucie County"); and WHEREAS, the Escambia Authority by resolutions duly adopted on June 13,2000 and May 14, 2002 (collectively, the "Enabling Resolutions"), as amended and supplemented, particularly as supplemented by a resolution dated as of May 13, 2003 (the "Authorizing Resolution"), authorized a plan of finance (the "Plan") for the issuance !Tom time to time of not exceeding $400,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program) (the "Program"): and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2004A (Multi-County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $150,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, the Escambia Authority has expressed an interest in pursuing a joint program with the Housing Finance Authority of St. Lucie County (the "St. Lucie Authority") for the issuance by the Escambia Authority of a sufficient principal amount of the Escambia Bonds to finance qualifying single family mortgage loan programs for Escambia County and St. Lucie County and certain other counties through a multi-county single family housing program (the "Escambia Multi-County Single Family Housing Program"); and MCL·07/22/03 Rev: 08/18!03-6519~St. Lucie Bee Reso c-] ... """,. WHEREAS, by combining the authority to issue single family mortgage revenue bonds of the Escambia Authority, St. Lucie County and the St. Lucie Authority and certain other issuers desiring to participate in the issue, the Escambia Authority will be able to make available mortgage loans at rates below the rates otherwise possible ifthe St. Lucie Authority attempted a separate issue; and' WHEREAS, such a program would benefit St. Lucie County and aid in alleviating a shortage of affordable housing and capital available for investment therein within St. Lucie County; and WHEREAS, in order to participate in such Escambia Multi-County Single Family Housing Program and to approve the issuance of the Escambia Bonds, the St. Lucie Authority pursuant to Section l47(f) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"), has held a public hearing on behalf of St. Lucie County, the Escambia Authority and Escambia County, following notice of such hearing given in the form prepared by the Escambia Authority by publication in The Port St. Lucie News on July 26, 2003 and the Fort Pierce Tribune on July 25, 2003 more than fourteen (14) days prior to such public hearing; and WHEREAS, in order to participate in the Escambia Multi-County Single Family Housing Program and to approve the issuance of the Escambia Bonds, the St. Lucie Authority desires to approve the form of and to execute and deliver an lnterlocal Agreement with the Escambia Authority and to take such other actions as are necessary. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, THAT: Section 1. Authority. This Resolution is adopted pursuant to the provisions of the Florida Housing Authority Law, Chapter 159, Part IV, Florida Statues, and other applicable laws. Section 2. declares that: Findings. The St. Lucie Authority has found and determined and hereby (A) In order to realize the economies of scale afforded by aggregating the separate single family mortgage revenue bond programs for the St. Lucie Authority and the Escambia Authority, it is in the best interest of St. Lucie County and the St. Lucie Authority to authorize the Escambia Authority to issue the Escambia Bonds to finance single family mortgage loans for both Escambia County and St. Lucie County which qualifY under the Act. (B) The St. Lucie Authority held a public hearing on August 28, 2003. Such public hearing was conducted at the time and place advertised and at such hearing reasonable opportunity was provided for all interested individuals to express their views, both orally and in writing, on the issuance of the Escambia Bonds. The St. Lucie Authority shall provide the minutes of such public hearing to the Governing Body for approval as the applicable elected representative or governmental unit. (C) In order to implement such Escambia Multi-County Single Family Housing Program and to approve the issuance of the Escambia Bonds, it is in the best interest of the St. Lucie Authority to enter into an Interlocal Agreement with the Escarnbia Authority. MCL·07/22/03 Rev: 08118/03-65]9~St. Lucie Bee Reso C-2 .... -...i Section 3. Authorization of Form of Interlocal Agreement. The execution and delivery by the St. Lucie Authority of the Interlocal Agreement, authorizing the Escambia Authority to issue its Escambia Bonds to finance qualifying single family mortgage 10ans in St. Lucie County, a proposed form of which is attached hereto as Exhibit A (the "Interlocal Agreement") is hereby authorized. The form of the 1nterlocal Agreement attached hereto as Exhibit A is hereby approved, subject to such changes, modifications, insertions, omissions, substitutions and such filling of blanks therein as may be approved and made in such form by the officers of the St. Lucie Authority and the Escambia Authority executing the same, such execution and delivery to be conclusive evidence of such approval. Section 4. Authorization to Execute. The Chairman or Vice Chairman and the Secretary or Deputy Secretary of the St. Lucie Authority are hereby authorized and empowered to execute and deliver the Interlocal Agreement, subject to such changes, modifications, insertions, omissions, substitutions and filling of blanks therein as such officers executing the same shall approve, such execution to be conclusive evidence of such approval and to affix thereto or impress thereon the seal of the St. Lucie Authority. The appropriate officers of the St. Lucie Authority are hereby further authorized to execute and deliver such other intergovernmental agreements, applications, consents, or other documents and instruments as may be necessary to implement the Interloca1 Agreement, including, without limitation, application for up to the maximum available private activity bond volume allocations pursuant to the Act, for the purposes set forth in the 1nterlocal Agreement. Section 5. Approval of Issuance of Escambia Bonds and Public Hearing. The St. Lucie Authority hereby approves, pursuant to Section 147(f) ofthe Code, the Plan and issuance by the Escambia Authority from time to time, of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds, initially designated as (Multi-County Program), Series 2004A, for funding the Escambia Authority's program for Mortgage Loans. The St. Lucie Authority hereby requests the Governing Body to approve, pursuant to Section l47(f) of the Code, the Escarnbia Authority's Plan and the issuance by the Escambia Authority of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds, (Multi-County Program), Series 2004A. Section 6. No Expenditure of Funds; Limited, Special Obligations. Adoption of this Resolution does not authorize or commit the expenditure of any funds of St. Lucie County or of the St. Lucie Authority to pay the cost of issuance or any other costs, fees or payments with respect to such Escambia Bonds. The Escambia Bonds are limited, special obligations and will not constitute a debt of the State of Florida, St. Lucie County, Escambia County, or other participating Counties or of the St. Lucie Authority, the Escambia Authority or other participating Housing Finance Authorities, but will be payable solely from payments made from the revenues generated from the Escambia Multi-County Single Family Housing Program. Section 7. Effective Date. The approvals and authorizations provided in Sections 3, 4 and 5 of this Resolution are expressly contingent upon and this Resolution shall become effective upon the adoption by the Governing Body of a resolution approving and authorizing the Escambia Authority to operate within the territorial boundaries of St. Lucie County with respect to the issuance of its Escambia Bonds. MCL-07/22/0J Rev: 08/18/03-6519-St. Lucie BCe Reso C-3 ..... ' ..., DULY ADOPTED by the Housing Finance Authority of St. Lucie County, this 28th day of August, 2003. HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY (SEAL) By: Robert Davis, Chairman ATTEST: By: Diana Wesloski, Secretary MCL·07/22/03 Rev: 08/18/03-6519·St. Lucie BCe Reso C-4 ....' MCL·07/22/03 Rev: 08/18/03-65]9-51. Lucie BCe Reso Exhibit A INTERLOCAL AGREEMENT C-5 - ,/"'T , ... AGENDA REOUEST ITEM ¡,,1. C-2.D Date: September 23, 2003 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Agri-Science Education Center - First Amendment to June 4, 2002 Interlocal Agreement with St. Lucie County School Board BACKGROUND: See C.A. No.03-1256 FUNDS A V AIL.(State type & No. of transaction or N/A): Account Number 001-3715-564000-300 (Machinery and Equipment) RECOMMEND A nON: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the June 4,2002 Interlocal Agreement with the St. Lucie County School Board for the Agri-Science Education Center, and authorize the Chairman to sign the amendment. COMMISSION ACTION: CONCURRENCE: Approved (3·0) Bruhn, Barnes· Absent 0l DC! APPROVED [] DENIED 11 OTHER: COllnty Attorney: ç)y Coordination/Sil!natures Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): ...... ....." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 03-1256 DATE: September 16, 2003 SUBJECT: Agri-Science Education Center - First Amendment to June 4, 2002 Interloca1 Agreement with St. Lucie County School Board BACKGROUND: On June 4, 2002, the County entered into an lnterlocal Agreement with the St. Lucie County School Board for the joint funding and operation of the Agri-Science Education Center. The Agreement provides for the School Board to retain title to all of the equipment then used at the Center. County staff has determined that one of the County's existing backhoes is available to be used at the Center along with a fifteen foot (15') batwing mower ($10,600.00) and 90 HP tractor ($21,194.00) which are included in the budget for 2003-04. Under the proposed First Amendment, this equipment will be used at the Center but may be used by the County for other County operations as necessary. The School Board will contribute one-half of the cost of the mower and the tractor and will assume responsibility for the maintenance of the three pieces of equipment. The School Board approved the proposed First Amendment during its meeting on September 9, 2003. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the June 4, 2002 lnterlocal Agreement with the St. Lucie County School Board for the Agri-Science Education Center, and authorize the Chairman to sign the amendment. Respectfully submitted, 'J~~ Heather Yo g Assistant County Attorney 1 Attachment HY/ Copies to: "" County Administrator Extension Agent Finance Director Management and Budget Director Deputy Clerk Press/Public ....." 2 '"" -' FIRST AMENDMENT TO INTERLOCAL AGREEMENT between ST. LUCIE COUNTY SCHOOL BOARD and ST. LUCIE COUNTY relating to AGRI-SCIENCE EDUCATION CENTER THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT is made this day of ,2003, by and between the ST. LUCIE COUNTY SCHOOL BOARD, hereinafter referred to as "School", and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County". WHEREAS, on June 4,2002, the parties entered into an interlocal agreement ("Agreement") which provided for the joint funding and operation of the Agri-Science Education Center ("Center"); and, WHEREAS, the Agreement provides that the School shall retain title to and maintain all equipment at the Center; and, WHEREAS, the County has certain pieces of equipment available to be used in the operations of the Center; WHEREAS, the County is willing to locate such equipment at the Center with the understanding of the parties that the needs of the County may from time to time require the use of the equipment on other County projects; and, WHEREAS, the School is willing to assume responsibility for the maintenance of such County equipment with the understanding that its primary use will be for the operation of the Center. NOW, THEREFORE, in consideration of the mutual advantages accruing to the parties and the benefits, promises, and consideration hereinafter set out, the School and the County agree as follows: 1. Paragraph 3 of the Agreement is hereby amended by adding Subparagraphs 3.F and 3.0 to read as follows: 3. COUNTY RESPONSIBILITIES. The County's responsibilities hereunder shall be as follows: F. The County shall provide a backhoe for the maintenance of the Center and its agricultural operations. The parties acknowledge and agree I ........ ..." that back hoe will be used primarily at the Center, but the County may use the backhoe for other County operations as it deems necessary. G. During fiscal year 2003-04, the County shall purchase a 15 foot batwing mower and a 90 HP tractor for the maintenance of the Center and its agricultural operations. The parties acknowledge and agree that this equipment will be used primarily at the Center, but the County may use the equipment for other County operations as it deems necessary 2. Paragraph 4 of the Agreement is hereby amended by adding Subparagraphs 3.D and 3.E to read as follows: 4. SCHOOL RESPONSIBILITIES. The School's responsibilities hereunder shall be as follows: D. The School shall contribute one-half of the cost of the 15 foot batwing mower and 90 HP tractor purchased by the County during fiscal year 2003-04. E. The School shall be responsible for maintenance and repairs to the Center and its agricultural operations, including but not limited to the facilities and equipment whether owned by the School or the County. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 2 .1.. ATTEST: BY: g: \atty\agreemnt\interloc\ 1 a-agriscience. wpd ...." ST. LUCIE COUNTY SCHOOL BOARD BY: Chairman APPROVED AS TO FORM AND CORRECTNESS BY: School Board Attorney 3 - i"""""t¡ , "'" ...,,¡ AGENDA REQUEST ITEM NO. C>;< fL DATE: September 23, 2003 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Island Development Group Limited, Inc. (Watersong) Subdivision Improvement Agreement - Phase I BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement subject to receipt of adequate security in a form acceptable to the County Attorney. COMMISSION ACTION: CONCURRENCE: [)t APPROVED ( r OTHER: [ ] DENIED Approved (3·0) Bruhn, Barnes· Absent f-t'l.. Originating Dept. P~q!i~: Works Dir¡ :h~, ( Cty.Surveyo¡: ~ CountYEng.:~ County Attorney: Com. Dev.Ðir. Finance: (Check for Copy only, if applicable) Eff.5/96 "'" ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNìY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 03-1296 DATE: September 16, 2003 SUBJECT: Island Development Group Limited, Inc. (Watersong) Subdivision Improvement Agreement - Phase I ************************************************************************** BACKGROUND: Attached to this memorandum is a copy of a draft Subdivision Improvement Agreement signed by Island Development Group Limited, Inc. for the Water song Phase I subdivision improvements. The amount of the security ($918,428.16) is based on an estimate provided by Culpepper & Terpening. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement subject to receipt of adequate security in a form acceptable to the County Attorney. "J"It, "bm;tt". Daniel S. McIn County A ttor e DSMlcaf Attachment ~ ...." SUBDMSION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT, is entered into as of the _ day of . 2003, by and between ISLAND DEVELOPMENT GROUP LIMnED, INC., a Michigan corporation qualified and authorized to do business in Florida (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (tbe "COUJ1ty"). WITNESSETH: WHEREAS, the Developer is commencing proceedings to effect a subdivision of land in St. Lucie County; and WHEREAS, the Developer intends to record a certain plat of a subdivision in St. Lucie County Florida, to be known as Watersong (the "Subdivision"); and WHEREAS, subdivision and platting ordinances of St. Lucie County establish procedures and standards for the development and subdivision ofreal estate and for the surveying and plaiting thereof, requiring the installation of certain improvements and providing penalties for violations among other things; and WHEREAS, a final plat of a subdivision within the unincorporated area of St. Lucie County shall not be recorded until the Developer has installed the required improvements or has guaranteed, to the satisfaction of the County, such improvements will be installed; and WHEREAS, the required improvements of the Subdivision are to be installed after recording of the plat under the guarantee posted with the County. NOW THEREFORE, in consideration of the intent and desire of the Developer as set forth herein, and to gain approval of St. Lucie County to record said plat, the Developer and County agree as follows: I. COMPLETION OF REOUIRED IMPROVEMENTS/OWNERSHIP, The Developer agrees to satisfactorily complete the required improvements (the "Improvements") for the above-referenced development within twelve (12) months from and aft« the recording of the above-referenced plat, according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth On those certain plans drawn by the Developer's engineers, Culpepper &. Terpening, Inc., dated May 5, 2003. Upon completion, the ownership of the Improvements shall be conveyed to the County in accordance with S~ction Il.04.01.F (2), St. Lucie County Land Development Code ("LDC"). 2. SECURITY. The Developer, in accordance with the requirements established by the St. Lucie County LDC, agrees to supply the County with security in a form acceptable to the County Attorney in th~ amount of Nine Hundred and Eighteen Thousand Four Hundred and twenty eight and 16/100 Dollars ($918,428.16), representing 100% of the cstimated cost of the Improvements as submitted by the Developer's engineer and approved by the County EngiJ1eer. 3. REDUCTION OF AMOUNT OF SECURITY. The amount of the security may be reduced once during the tenn of this Agreement upon the completion ofa portion of the Improvements by the Developer and upon inspection and acceptance by the County. In no FOOl8OZSvl ÇOO/COO iÈI ~NIN3dHaL ~ H3dd3d1n~ L6t6 t9t 19s XVd 9t:60 3lll COO~/~O/60 ~ ....., event, however, shall the amount of the security be less than one hundred percent (100%) of the cost of completing the remaining Improvements. 4. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision ofthe Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 5. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within twelve (12) months from the date of the recording of the above referenced plat, the County shall have and is hereby granted the right to cause the Improvement to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement and the provisions of the LDC. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the Improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. In the event that the total costs incurred in construction and full completion of the Improvements shall be less than the amount of security provided, such excess security shall be returned to the Developer. 6. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the regulations set forth in the LDC. When the Improvements have been certified by the Developer's engineer, the County Engineer shall inspect the Improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security shall then be released in accordance with Section 1l.04.01, LDC. 7. RECORDATION OF PLAT. Following execution of this Agreement by both parties and approval of the form of security by the County Attorney, the County agrees to record the plat of the above referenced Subdivision at such time as the plat complies with the subdivision and platting requirements set forth in Section 11.03.00, LDC. 8. INTERPRETATION; VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims 2 F0018025v] ..,.., "" under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney Date: DEVELOPER: WITNESSES: ISLAND DEVELOPMENT GROUP LIMITED, INe. a Michigan corporation qualified and authorized to do ~bUSiness in Florida ~ - \. ~¿::::::?/! By: 0 J A . I'ñíÍt ~e: ~~~.¡; '\ ',<-'of, Print Name: AN ï \ Y£'Z- ß z..c..1::::... Its: G~....e. <"<>--\ c..",-"'-~4 e: -- Uf\ [Corporate Seal] 3 FOOl8025vl ..,... 900/900~ 100 r.vln Gndl III: I.ardnrork Clc:wtn a. Otubbin 4" Coquina Reoclc Bridc.P&YC"I ~2~ Stabmzed$u~ ctdcrCIUb c 'D' Curb S.,., Stti,,,,...SI 4' Cøncrctc Sidewalk Prollncd " Sidewalk Oft!dte I:tcntion Ana Bxc:avatiOD ubtøtlll hvia GtMIn "Earthwork; Storm Dnmin rvne'E'ln]et Control $uucturc hlillratiOllTrcncb lS"H.D.P,E. 30· aD.P.E. Subtotal Stona Drain. IlterDI.tribUtloo 8--Jnob pvC Water Maia 8-irtdlP WatcrMIin FJre H I AJlaDI:iiV- s-tncb:Ge.tcVaJve Bl1Cttrio 'œlS lewoft' Assemb----¡v- Wmr SoMoo ~ Si e Sbon. WIKOI'SlIIrVI.cc-Si II WItcr Scn'ÌCC. Double Sbort Water Scrvic:ct· Dou'blll Loa Subtotlll Water DinriblltloD Sinha" Snrwr II: Force MIItn 4' SerdtatY ManhoICl 0'-6' Crt 4' SanitBtY Manhole 6'.,. Cut 4' SatlitarY Maaho!e .'-10' Cut a-inch PVC sUibHv Sower 0'006' CU1 8-incb pve 8M: Sewer 6'-8' Cut 8-inch pVC SuùlBrY Sewar ".10' an: 8.lnch DIP SW Sewer 0'-6' Cut '·inCöh PIP 8m Sewer 1'-10' CUt Uft Station Forœ MaIn Wet T. . PVCForoeMllin Sanjrmv Sewer $eriicc:. S' Short Stnitarv Scwer Serviø:I· Double Short ISanitary Sewer 8crvìcc· Double ts;iiõiìiSllllllltlrv$ewer Total COQllnK:tion Ptlll MonumeDtldon MO~-'ðuit.o Coatrol C\tlvort S.btotaJ Points Sorviocs IS" TOþl Amount l!tvSUbmia:ecl' .--? ß'" . ddÐeDDer' T. tBfa Co Richatd M. ......., P VitaPrlli Bend!lumldliJCl..'! ÐCHIBl1' tA' Wa.tlOn, Pbut J .. Gmn COIIIDt!!' ~een Opia!.. oll'rollMll Cost Uuit Pric< 0.1DI. 1 1121 73153 9011 me ge1 1318 I 320 2222 1 I 3 "6 613 92 = 20 . 6 5 2 5 6 21 U 1 , 3 1374 525 110 <¡¡ 20 I 1 15 8 11 2J UnIts LS SY SF SY IJ' LF 8Y LS SY SY LS SIJOO.OO S4~0 13,00 $2,00 se~o S6.00 $1.10 $1 500,00 s¡e,00 $25,00 15000.00 '""'" AmDWrt $1 :100.0 S3 :576.0 $219 4$9.0 $11162.0 $38,129.0 $5802.0 $15i!,6 $1 00.0 $:5.12.0.0 mm,o $5 000.0 131',319.60 SI4,ooo,OO 17 00,00 54$,36Ð,00 $13.416.00 53 11.00 SI3 651,00 131171 1360 $ 800 S'-'OO $11~ $1.000 $17:50 $2,'00 $I<¡¡O $6,000 163,513,00 $1ßjj0 $5250 $"-600 $20.610 511 550 S4 010 $1600.00 $1 000.00 SSQ,OOO.OO $1.2>0,00 S91,jO $2,000.00 $ÜOO,oo $6.050.00 Sl33,531,50 $669.C88.10 SSl.900,oo $1 500,00 S40 000.00 S77'J4U.l1 $144 940.01 S911,C8.U 1/20/2003 ~NIN8dH&l . H3dd3d1ßJ ¿ate t9t 199 IVd ¿t:eo 8fil COOZ/,O/60 EA t!A IJ' LI' LF $1 750.00 500.00 $6Ð.00 $22.00 $36.00 IJ' LF BA EA BA EA SA BA BA BA $14.00 .SI8.00 II 700.00 1750.00 $225,00 $'00.00 S3.50.00 $400,00 $<¡¡O,OO 5'00.00 EA SA SA LF LF LF LF IJ' LS I!A LF SA BA EA SUOO $175<) $2.200 $15.00 $22,00 $24.00 $40,00 .150,00 $10000.00 SI~O.OO $6.$0 $2.5().OO 1300,00 53 $0.00 ~ AGENDA REQUEST ITEI\Ì'IIIIÖ. C- 3 a DATE: September 23,2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS ~: Michael Powley, ~ County Engineer ".E. if SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Mitigation Credits at the Bluefield Ranch Mitigation Bank for the S. 25th Street Widening Project (Midway Road to Edwards Road) BACKGROUND: This project will expand and improve S. 25th Street roadway from Midway Road to Edwards Road. As part of the permitting process, South Florida Water Management District (SFWMD) has imposed a requirement, as a condition to granting the permit, that mitigation efforts be undertaken with respect to impacted wetlands and that mitigation credits may be purchased from Bluefield Ranch Mitigation Bank. The attached agreement is between Bluefield Ranch Mitigation Bank (Seller) and SI. Lucie County (Buyer) in the amount of $24,000.00 for 0.6 herbaceous credits. FUNDS AVAIL.: Funds are available in 101006-4116-563000-4108 Transportation Trust/Impact PREVIOUS ACTION: September 12, 2000 - BOCC approval of Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. On February 23, 2001 an RFP for consultant services was advertised for design of South 25th Street Roadway Widening. Proposals were received on March 21'" three firms were shortlisted on April 10th, and the Board approved negotiating with the top ranked firm, Inwood Consulting Engineers, on April 17th. On September 11, 2001 the Board approved the agreement with ICE in the amount of $1 ,219,258.94 for design, permitting and land acquisition services. Because of pending issues with Earthtech, Inwood's sub- consultant for land acquisition services, staff re-agendaed the agreement with ICE to exclude land acquisition services. On October 16,2001 the Board approved the agreement with Inwood in the amount of $1 ,002,106.94 for design and permitting of South 25th Street Widening. Amendment NO.1 was approved on February 5, 2002 in the amount of $39,245.63. The First Amendment to the contract became necessary after the FDOT realized that it would be unable to perform the Bridge Hydraulic Analysis and Report it had agreed to do. Inwood then undertook this responsibility. On May 14,2002 the Board approved the Amendment No.2, as prepared by the County Attorney, along with Inwood's scope of services in the amount of $352,301 for land acquisition support and services for South 25th Street Roadway Widening. (All costs associated with the design and permitting of the project are reimbursable through our Joint Participation Agreement with FDOT. Costs associated with the land acquisition work are the responsibility of SI. Lucie County, including land purchase costs.) Amendment NO.3 was approved on August 13, 2002 to provide additional engineering services related to the very compressible soils recovered in the borings for the new bridge crossing 1 O-Mile Creek, and additional survey work to support the acquisition activities. This amendment was for $59,968.60 and brought the total contract amount to $1,453,621.77. This amendment also extended the contract time to June 30, 2003. January 7, 20~ Amendment NO.4 - a revision to the Second Amendmen/"w. a redistribution of previously allocated funds to the Consultant Agreement with Inwood Consulting Engineers (ICE) for Land Acquisition Services for the South 25th Street Roadway Widening (Midway Road to Edwards Road). The number of parcels has decreased but the services of Earthtech's sub-consultants has increased. No change in project cost. RECOMMENDATION: Staff recommends Board approve the Wetlands Mitigation Credit Sales Reservation and Agreement in the amount of $24,000.00 for the S. 25th Street Widening Project (Midway Road to Edwards Road), subject to approval by the County Attorney, and signature by the Chairman. COMMISSION ACTION: fI1 APPROVED rl OTHER: CONCURRENCE: [x]County Attorney [x]Originating Dept. Public WorkS~" s25th bluefield mitigation.ag r r ¡J'tf h", e Coord. \3f\ \\ [ ] DENIED Approved (3·0) Bruhn, Barnes· Absent Coordination/SO a [xIMgt. & Budget [xICo. Eng MVÞ [x]Env.Res. \-t. ð.... ,~W~ , , Wetntnds Mitigation Credit Sales ~greement This Agreement is between Bluefield Ranch Mitigation Bank C'BRMB") and St. Lucie County, Florida ("Buyer"). WHEREAS, Buyer is engaged in, or about to be engaged in, a project known as 25th StreeUCR615 Expansion in 51. Lucie County, Florida; and WHEREAS, as part of the permitting process involving the South Florida Water Management District ("SFWMO"), SFWMO has imposed a requirement on Buyer, as a condition to granting Buyer its permit, that certain mitigation efforts be undertaken with respect to impacted wetlands and that mitigation credits may be purchased from BRMB to satisfy the wetland mitigation requirements of that permit; and WHEREAS, BRMB is a mitigation bank with credits available for sale in accordance with its SFWMO Permit # 56-00002-M; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein and good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, it is agreed that: 1. BRMB hereby will sell to Buyer and Buyer will purchase from BRMB six-tenths of one (0.6) freshwater herbaceous credit applicable to the Buyer's SFWMO permit, for Buyer's exclusive use only at the abo~e-mentioned project, under the terms and conditions contained herein. 2. Buyer shall pay to BRMB twenty-four thousand ($24,000) as follows: A. No later than October 8, 2003, a non-refundable deposit of $4,800. If this contract, fully-executeçl by Buyer, and the deposit of $4,800 are not received by October 8, 2003, the offer to sell the credits is withdrawn. B. No later than November 15, 2003, the balance of the contract amount, or $19,200. If the $19,200 is not received by November 15, 2003, Buyer shall forfeit its deposit and BRMB shall be un~er no fürther obligation to Buyer. 3. Upon receipt of the full purchase price of $24,000, BRMB shall, within 5 business days, apply to SFWMO for the transfer of the 0.6 credits to Buyer's permit. 4. Upon such transfer of those credits by SFWMO, those credits shall be conveyed by BRMB to Buyer free and clear of any and all liens, encumbrances and restrictions on or to Buyer. Conclusive evidence of the credits being transferred shall be the receipt by BRMB or Buyer of notice from SFWMD that the credits have been removed from BRMB's credit ledger and transferred to Buyer's permit. 5. Buyer shall not sell or otherwise transfer the credits without the written consent of BRMB. .> 6. ~uye~ responsible for, and will pay, any applicable state s~ tax, documentary stamps or other costs or taxes associated with the transfer of these credits under laws now in effect or later enacted which would apply to this transaction. BRMB is responsible for its own income taxes, if any, associated with this transaction. 7. Buyer will not disclose the terms of this Agreement, except as required by law. 8. If any suit or action shall be instituted to enforce or to interpret this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all costs and reasonable attorneys' fees and costs incurred in any trial, post judgement or appellate proceedings. Venue for any such action shall be in St. Lucie County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement below: SELLER BUYER St. Lucie County, Florida c David Mcln sh, Trustee Bluefield Ranch Mitigation Bank Trust 9 /~/o~ I Authorized signature Date Printed/typed name Title Date ...... ....." ITEM NO. C-3B DATE: September 23, 2003 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) Michael V. Pow y, P.E. County Engineer SUBJECT: Award of Bid # 03-076, Picos Road Paving & Drainage from Rock Road to King's Highway to Sheltra & Son Construction, Inc. in the amount of $672,564.70. BACKGROUND: On August 27, 2003 bids were opened for the Picos Road Paving & Drainage from Rock Road to King's Highway. Nine Hundred and Thirty-one (93 I) vendors were notified, Twenty-six (26) sets of bid documents were distributed and five (5) bids were received. The low bidder for this project, SPS Construction, Inc., has been disqualified because of an incomplete bid. SPS Construction, Inc. omitted the Trench Safety Act Compliance Statement, which is a viable part of the contract. The lowest complete bidder is Sheltra & Son Construction, Inc. in the amount of$672,564.70. FUNDS AVAILABLE: Funds will be made available in Transportation Trust/Constitutional Gas Tax in account 101002-4112-563000-41010. Also, $290,388 will be transferred from the Lennard Road project Transportation Capital- Local Option Gas Tax account number 3 I 600 I -4 113-563000-4169 and will be replaced in the 04/05 Capital Improvements Program. PREVIOUS ACTION: May 6, 2003- Board approved to reject bids and to revise the plans and bid documents in order to reduce the project cost. RECOMMENDATION: Staff recommends award of Bid #03-076, Picos Road Paving & Drainage from Rock Road to King's Highway to Sheltra & Son Construction, Inc. in the amount of$672,564.70, establish the project budget and authorization for the Chairman to sign the contract as prepared by the County Attorney. LJ APPROVED ~ OTHER [ ] DENIED CONCURRENCE: ~ (~ Douglas t"Z'-1 County A [x] Mgt. & Budget ,/¡2[) [xl Dept. Rev. Coor. / COMMISSION ACTION: [x] County Attorney [x) Originating Dept. Public Works (Check for copy only, if applicable) y [xl Pro]. Man. [xl Env. Res. Div. ~\-t ~,~ f""",,- 11. !W1"I- Pulled Prior to Meeting ......". "'" ....." DIVISION OF ENGINEERING MEMORANDUM 03-30 I TO: Ed Parker - Purchasing Director VIA: Michael Powley, P.E. - County Engineer M"P VIA: ¡;fr\'1 Barbara Meinhardt - Department Revenue Coordinator >, FROM: Michael Harvey, E.I. - Engineer Intern frk..\-J DATE: September 16, 2003 SUBJECT: Award of Picos Road Paving & Drainage from Rock Road to King's Highway (BID # 03-076) Bids for Bid #03-076 were opened on August 27, 2003. The low bidder for this project, SPS Construction, Inc., has been disqualified because of an incomplete bid. SPS Construction, Inc. omitted the Trench Safety Act Compliance Statement, which is a viable part of the contract. We have reviewed the remaining four bidders and we recommend that the project be awarded to Sheltra & Son Construction Co., Inc. in the amount of $672,564.70. Funds will be made available in Transportation Trust/Constitutional Gas Tax in account 101002- 4i 12-563000-41010. 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'-' "-'" ITEM NO. C3c DATE: ~~103 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN P~ENTED BY: h~ Don West Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Watershed Water Quality Monitoring Network BACKGROUND: The Comprehensive Everglades Restoration Program (CERP) and voluntary "Best Management Practices" (BMP's) are the two complementary elements of the State's strategy for meeting federal requirements for Total Maximum Daily Loads (TMDL) for the St. Lucie River Estuary and the Indian River Lagoon. Water quality data is essential to focus our resources and activities on "problematic areas" of the watershed, and to measure program effectiveness in meeting the State and federally mandated goals. Water quality data is also important to drive watershed models that allow planners to evaluate the potential impacts of various future uses and program improvements. The existing water quality monitoring network is inadequate in that it does not provide the data necessary to address these needs for nearly one third of the Upper East Coast watershed area. This occurs primarily in the urbanized portion of the basin which the CERP project will not address. This urban area is not addressed by CERP because it lies downstream from proposed project catchment and treatment areas. SFWMD is proposing to partner with Martin and St. Lucie Counties to establish the needed Water Quality monitoring Network throughout the Upper East Coast watershed, including the urbanized areas. (See attached WQM Network monitoring locations). In addition to the five (5) existing monitoring sites, 39 named tributaries have been identified discharging directly into the St. Lucie Estuary andlor the Indian River Lagoon, (IRL). A majority of these tributaries are uncontrolled open channels with no associated water quality data. In order to prioritize BMP management efforts, a tributary water quality monitoring network will be required. As of September, 2003 St. Lucie County is responsible to begin implementation of a National Pollutant Discharge Elimination System (NPDES) Stormwater Management Program. Each Municipality engaged in the Program will be required to comply with certain "Minimum control Measures", including illicit discharge detection and eliminate prohibited non-stormwater illicit discharges. The data collected by the Water Quality Monitoring Network will help St. Lucie County comply with this minimum control measure. The data collected by this WQM Network will also be used to: 1. Establish a baseline characterization of the water quality constituents contributed by the currently unmonitored area and some indication of their behavior. "" "" 2. Aid in problem source identification. 3. Support the development of the ongoing watershed water quality model development, calibration, and verification. 4. Establish a baseline for evaluating the effectiveness of watershed water quality management programs (voluntary BMP's etc.) On reducing pOllutant loads from these areas. 5. Data will compliment on-going IRL SWIM Plan goals and objectives in determining pOllution load reduction goals (PLRGS) and describing water quality trends and conditions. 6. Data will support a legislative mandate, by providing technical support that meets the intent of the 1999 Florida Watershed Restoration Act (403.067 F.S,). Public Works Staff has budgeted funds for "NPDES Permitting" in the FY 2004 Stormwater Management MSTU. The County is proposing to provide up to $50,000 in matching funds for the Water Quality Monitoring Program in partnership with SFWMD and Martin County. An Inter local Agreement will be prepared to outline the responsibilities of each partnering agency that participates in the Water Quality Monitoring Network. FUNDS AVAILABLE: Funds will be made available in 102001-372S·563005-Drainage Maintenance MSTU-Stormwater Management. Funds are available at 102001-3725-563000-300. PREVIOUS ACTION: N/A RECOMMENDATION: Public Works Staff is recommending approval of St. Lucie County participation in the Watershed Water Quality Monitoring Network in the amount of $50,000 and authorization to establish a budget in that amount. COMMISSION ACTION: KAPPROVED o OTHER: ~ o DENIED Approved (3·0) Bruhn, Barnes· Absent Review and ADDr~s .. County Attorney: V .. Management and BUdget:~ o EnVironmentallands:~ í/Jf!J:'þ .. Originating Dept: (Pub. Wks.1 .. Purchasing: 6;/r o Parks & Recreation: o Other o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Senrices Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' ....,¡ Proposed Upper East Coast Watershed Water Quality Monitoring Network April 2, 2001 Introduction: The Upper East Coast (UEC) watershed comprises approximately 728,000 acres in Martin and St. Lucie counties. The watershed contains 15 hydrologic basins, sub-basins and over 30 named tributaries. The District's UEC watershed water quality monitoring network (WQM) collects routine water quality samples at five (5) coastal control structures located throughout the watershed. Currently, the drainage basins for the WQM monitoring network includes approximately 494,000 acres which is equivalent to 68 percent of the entire watershed. This portion of the watershed is predominately agricultural production (70%) with I % in urban land use. The remaining 32 percent of the UEC watershed has no associated water quality data. This portion of the watershed is 40% urban land use and I % agricultural production. The SFWMD is attempting to achieve CERP comparable outcomes for water quantity discharge reduction and water quality improvements on this portion of the UEC watershed through the reliance of voluntary best management practices (BMPs) as mandated in the 1999 Florida Watershed Restoration Act (403.067 F .S.). CERP and the voluntary BMPs are the two complementary elements of the State's strategy for meeting federal Total Maximum Daily Loads (TMDLs) and achieving Pollution Load Reduction Goals (PLRGs) for the St. Lucie Estuary and the Indian River Lagoon. Water Quality data is essential to focus resources and remedial activities on problematic areas of the watershed and to measure program effectiveness in meeting the state and federally mandated goals. Data are also important to drive watershed models that allow planners to evaluate the potential impacts of various future use and program scenarios. Data would also be valuable to drive the development of future regulatory programs should such become necessary. The District's existing water quality monitoring network is inadequate in that it does not provide the data necessary to address these needs for nearly one third of the UEC project area This is also the area that is not being addressed by the CERP project strategy because it lies downstream from CERP project catchment and treatment areas. The data is also lacking in spatial and temporal resolution throughout most of the rest of the UEC project area. Addressing the first need (data for the one third non CERP area), the UEC watershed program staff are herein recommending the expansion of the monitoring network in the UEC watershed area beyond that which currently exists. This argument and request is a proposal for a time limited specific site expansion of the monitoring regime which will focus on the portion of the basin which CERP will be unable to address. This expansion is necessary for the following reasons: "" ..., 1. The additional sites will be required to characterize water quality and potential contributions of materials of concern for that third of the watershed which contributes runoff to the St. Lucie Estuary for which there are no current or historical data. 2. The target portion of the watershed is highly urbanized and is rapidly becoming more so. It lies directly adjacent to the St. Lucie Estuary and the uncontrolled North Fork of the St. Lucie River. Surface runofffi-om these areas has little or no opportunity for natural treatment mechanisms to reduce its potential for harm. 3. The area adjacent to the critically sensitive receiving waterbody presents the greatest potential of immediate risk to that receiving water. 4. This area is not within the watershed area where similar source problems are being addressed by CERP. The data collected by this expanded effort will be used to: 1. Establish a baseline characterization of the water quality constituents contributed by the currently unmonitored area and some indication of their behavior. 2. Aid in problem source identification. 3. Support the development of the ongoing watershed water quality model development, calibration, and verification. 4. Establish a baseline for evaluating the effectiveness of watershed water quality management programs (voluntary BMP's, etc.) on reducing pollutant loads fi-om these areas. 5. Data will compliment on-going IRL SWIM Plan goals and objectives in determining pollution load reduction goals (PLRGS) and describing water quality trends and conditions. 6. Data will support a legislative mandate, by providing technical support that meets the intent of the 1999 Florida Watershed Restoration Act (403.067 F.S.). The SFWMD through the Coastal Ecosystems Department and the MartinlSt. Lucie Service Center is partnering with other State agencies, private groups like the St. Lucie River Initiative and the Indian River Citrus League, to implement an DEC Voluntary Best Management Practice (BMP) Program. The goal of the program is to reduce pollutant loads to the St. Lucie Estuary (SLE) and Indian River Lagoon (IRL) through implementation of voluntary best management practices by all residents and private/public stakeholders. The District's role is to provide knowledge of problem source areas and to determine the effectiveness of individual BMP's and the voluntary program. To aid in the determination of program effectiveness, it is necessary to expand the water quality coverage beyond the existing network at the District's major canal structures. Recognizing that this proposal is a significant departure fi-om the existing monitoring network it is intended that the additional sampling locations be monitored for three (3) years. After that period the intended goals of this effort will be evaluated. Program managers have the option to drop sampling altogether, request to adjust the program, or continue it in either the same or altered form. That decision will be justified at the end ofthe 3 years. During the collection period, data will be evaluated annually in an effort to identifY water quality trends at each location. After three (3) years of monitoring, the collected data will be used to determine if additional monitoring will be required. ~ -.I Current UEC Water Oualitv Samplinl!: Network: Currently, water quality samples are collected in the DEC watershed under the program code WQM, and include the following locations: C-44 Basin, Structure S-80 C-23 Basin, Structure S-48 C-24 Basin, Structure S-49 C-25 Basin, Structure S-50 North Fork St. Lucie River Basin, Gordy Road Structure The WQM program collects grab samples at these structures on a monthly basis. Autosamplers collect weekly flow/time proportional samples, while major ions are collected quarterly and trace metals are collected on a semi-annual basis. Proposed Chanl!:es to the Existinl!: DEC Water OuaIitv Monitorinl!: Network: The requested changes to the existing monitoring network will increase the sampling rrequency for major ions and trace metals to a monthly basis. This frequency will coincide with the routine monthly grab samples currently being collected. The change in sampling frequency will provide increased temporal resolution with respect to the subject parameters. The collected data will be used to help quantifY and qualifY these parameters and their effect on the receiving waterbody (IRLlSLE). Data will be evaluated annually and the information will be reported to all stakeholders. Proposed SLE/IRL Tributary Water Ouality Monitorinl!: Network: In addition to the five (5) existing monitoring sites, thirty nine (39) named tributaries have been identified discharging directly into the SLE/IRL. A majority of these tributaries are uncontrolled open channels with no associated water quality data. In order to prioritize BMP management efforts, a tributary water quality monitoring network will be required. The network will support the development of the on-going Watershed Water Quality Model, assist in inventorying current water quality conditions, and serve as a baseline dataset. As BMP's are implemented throughout the basin, it will be necessary to monitor surface water quality changes at these tributaries to determine if any water quality improvements have occurred. The following sites are proposed to be included into the SLE/IRL Tributary Water Oualitv Monitoring Network (SL W): tSouth Fork St. Lucie (SLWOl) - Tidal St. Lucie Basin, sample at Gaines Ave and SR76 2Roebuck Creek (SL W02)- Tidal St. Lucie Basin, sampled at Phipps Park under Turnpike bridge 2Hog Creek (SL W03)- Tidal St. Lucie Basin, sampled just downstream of S-80, west side IMapps Creek (SL W04)- Tidal St. Lucie Basin, sampled at Mapp Rd. 2Pipers Ditch (SLW05)- Tidal St. Lucie Basin, ..... ..., Proposed SLE/IRL Tributary Water Oualitv Mouitorinl! Network (cont.): 2 All American Ditch (SL W06) - Tidal St. Lucie Basin, sampled at All American Blvd. 1Danforth Creek (SL W07) - Basin 6, sample at Martin Downs Blvd IHidden River (SLW08) - Basin 4, sampled at Murphy Rd. ¡Bessy Creek (SL W09)- Basin 4, sample at Murphy Rd. tBlakleys Creek (SL WI OA)- North Fork Basin, sampled off of Southbend Ave (PSL), North Weir IBlakleys Creek (SLWIOB)- North Fork Basin, sampled off of South bend Ave (PSL), South Weir IElkcam Waterway (SL WII) - North Fork Basin, sample offFloresta at Seahouse (Lt.) 2pSL Ditch I (SLW12)- North Fork Basin, sampled at Walters Terr. & Vine St. 2pSL Ditch 2 (SL W13)- North Fork Basin, sampled on Floresta between Atlantus & Bayffont Ave. 2pSL Ditch 3 (SL W14) - North Fork Basin, sampled on Floresta between Chalope and Evergreen 2pSL Ditch 4 (SL W15) - North Fork Basin, sampled at Floresta & Calamosa 2pSL Ditch 5 (SLW16) - North Fork Basin, sampled at Floresta between Verada and Naranja 2pSL Ditch 6 (SL W17) - North Fork Basin, sampled at Floresta & Solida IC-108 (SLWI8)- North Fork Basin, sampled at St. James Blvd. just past Shell Station 2C-l07 (SLW19)- North Fork Basin, sampled offofSt. James Blvd. 2C-l06 (SL W20)- North Fork Basin, sampled off of St. James Blvd. 2C-105 (SLW2l)- North Fork Basin, sampled off ofSt. James Blvd. 1Five Mile Creek (SLW22) - North Fork Basin, sampled at Edwards Rd. IMoores Creek (SLW23)- North Coastal Basin, sampled at 7th St. in Ft. Pierce ITaylor Creek (SL W24)- Basin 1 outfall, sampled in Ft. Pierce Fanns, Junita St. (Dino's Restuarnt) to 17th St, sample at C-I Structure ¡Virginia Ave. (SL W25)- Mid Coastal Basin, sampled off of Savannah Rd, behind Humane Society tHog Pen Ditch (SLW26)- North Fork Basin, sampled at US 1, north of Walton Rd, before Village Green IHoward Creek (SLW27)- North Fork Basin, sampled at the bridge in Ballantrae IBritt Creek (SL W28)- North Fork Basin, sampled at Britt Rd. tWarner Creek (SL W29)- Mid Coastal Basin, sample off of Savannah Rd. just r,ast Cumberland Fann, past VoL Fire Dept. Hainey Creek (SLW30) - North Fork Basin, sampled at SR 707. IFrazier Creek (SLW3l) - Tidal St. Lucie Basin, sampled at the weir adjacent to U.S. P.O. tKrueger Creek (SL W32) - Tidal St. Lucie Basin, sample at East Ocean Blvd. Or 7th St. IPoppleton Creek (SL W33) - Tidal St. Lucie Basin, sampled at SR76 tCoral Gardens Ditch (SL W34)- Tidal St. Lucie Basin, sampled at Kanner Hwy & Indian St. lEast Fork Creek (SLW35)- South Coastal Basin, sampled at Cove Rd. ....... -..I Proposed SLE/IRL Tributary Water Oualitv Monitorine: Network (cont.): 1 Manatee Creek (SL W3 6) - South Coastal Basin, sampled at Cove Rd. ¡Willoughby Creek (SL W37) - South Coastal Basin, sampled at Indian St. & S.E. St. Lucie Blvd. IMartin Co. Airport Ditch (SL W38)- Tidal St. Lucie Basin, sampled at St. Lucie Blvd. 1 _ Primary tributaries 2 _ Secondary tributaries It is proposed that grab samples be collected for three (3) years at these sites on a bi- weekly basis and will include physical parameters and nutrients. Major ions and trace metals will be collected on a monthly basis. Proposed parameters to be measured are as follows; Physical Parameters Nutrients/Other Maior Ions/Metals Temperature Specific Conductance pH Turbidity Total Suspended Solids Dissolved Oxygen NOx Ammonia Total Nitrogen Total Phosphorus Ortho Phosphorus Chlorophyll ª Calcium Magnesium Total Copper Total Arsenic Total Chromium -.... ..", APPENDIX A SLE Basin and Sub-Basin Landuse Characteristics C-23 Basin - 112,406.6 total acres 75,373.2 acres in agricultural production 28,084 acres in upland forest & wetlands 3,547.5 acres in urban development 52 project culvert connections to C-23 Coastal Structure S-48 C-24 Basin- 87,741.9 total acres 56,124.4 acres in agricultural production 23,250.1 acres in upland forest & wetlands 2735.4 acres in urban development 45 project culvert connections to C-24 Coastal Structure S-49 C-25 Basin - 117,588.7 total acres 83,655.2 acres in agricultural production 14,656.9 acres in upland forest & wetlands 1,775.3 acres in urban development 13 project culvert connection to C-25 Coastal Structure S-50 C-44 Basin - 116,584.8 total acres 68,784.2 acres in agricultural production 30,075.1 acres in upland forest & wetlands 3,246.8 acres in urban build-out ?? project culvert connection to C-44 Coastal Structure S-80 Basin I - Includes Ft. Fierce Fanns 298 District 26,056.5 total acres 13,984.7 acres in agricultural production 3,638.7 acres in upland forest & wetlands 5,429 acres in urban development Coastal Structure C-I (Taylor Creek) A-I "'- ,..", SLE Basin and Sub-Basin Land Use Characteristics (continued) Basin 2 - Basin 4 - Basin 5 - Basin 6 - 8,992.7 total acres 410 acres in agricultural productions 4,523.5 acres in upland forest & wetlands 3,641.4 acres in urban development 8,945.9 total acres 1,466.1 acres in agricultural production 2,479.1 acres in upland forest & wetlands 4,168.7 acres in urban development Bessey Creek tributary Hidden River Tributary 959.1 total acres 20 acres in agricultural production 359.8 acres in upland forest & wetlands 573.1 acres in urban development 4,840.5 total acres 535.1 acres in agricultural production 1,683.2 acres in upland forest and wetlands 2,334.5 acres in urban development Danforth Creek tributary Midcoastal Basin - 36,575.7 total acres 93.3 acres in agricultural production 3,988.6 acres in upland forest & wetlands 7,805.6 acres in urban development Warner Creek tributary Moores Creek tributary North Coastal Basin- 13,360.1 total acres 310.6 acres in agricultural production 5,271.6 acres in upland forest & wetlands 1,759.3 acres in urban development A-2 -- ..., SLE Basin and Sub-Basin Landuse Characteristics (continued) North Fork St. Lucie Basin- 120,306.9 total acres 30,810.8 acres in agricultural production 29,364.5 acres in upland forest & wetlands 51,650.2 acres in urban development 15 sub-basin tributaries (ID to date 9/15/00) Winters Creek Howard Creek Elkcam Waterway Five Mile Creek - NSL WCD (Gordy Road Structure) Britt Creek PSL Ditch I PSL Ditch 2 PSL Ditch 3 PSL Ditch 4 PSL Ditch 5 PSL Ditch 6 C-105 C-106 C-107 C-108 Hog Pen Ditch S-153 Basin- 13,112.6 total acres 6,727 acres in agricultural production 5,444.5 acres in upland forest & wetlands 672.2 acres in urban development South Coastal Basin - 12,119.2 total acres 18.5 acres in agricultural production 3,877.9 acres in upland forest & wetlands 6,234.1 acres in urban development East Fork Creek Manatee Creek tributaries Crooked Creek tributary Willoughby Creek A-3 ...... "'" SLE Basin and Sub-Basin Landuse Characteristics (continued) Tidal St. Lucie Basin- 48,842.3 total acres 17,200 acres in agricultural practices 17468.5 acres in upland forest & wetlands 10,576.2 acres in urban development 8 sub-basin tributaries (ID to date 9/15/00) South Fork St. Lucie Krueger Creek Frazier Creek Coral Gardens Ditch Poppleton Creek Martin Co. Airport Ditch Roebuck Creek Pipers Ditch Hog Creek All American Ditch Mapps Creek A-4 ~ '-' ...." Agenda Request Item Number Date: t-4fL Sept. 23, 2003 Consent Regular Public Presentation Leg. [ [X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Deveropment SUBJECT: Simple Success Marketing Advertising Invoices elopment Director BACKGROUND: Simple Success Marketing has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The attached invoices in the amount of $1,626.15 represents costs for the following: $ 1,615.00 $ 11.15 Monthly Retainer Fee - August Reimbursement (Postage) Request approval for payment on the invoices for the month of August 2003 in the amount of $1,626.15. On September 3, 2003, the Tourist Development Council approved payment of the attached invoices for services provided. FUNDS AVAILABLE: Tourism other Contractual Services Account 611-5210-534000-500 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to pay the attached invoices. C]CAPPROVED D OTHER _ o DENIED COMMISSION ACTION: Approved (3·0) Bruhn, Bames . Absent County Attorney Originating Dept.: Finance: ,9f Coordinationl Signatures Mgt. & Budget: other: Purchasing: Other: · , '"" '-II COMMISSION REVIEW: September 23, 2003 COMMUNITY DEVELOPMENT DEPARTMENT TOURISM MEMORANDUM TO: FROM: THRU: Board of County Commissioners Gayla Barwick, Tourism Dennis Murphy, Community Development Director DATE: September 23, 2003 SUBJECT: Simple Success Marketing Advertising Invoices Simple Success Marketing has been contracted to provide advertising services for the SI. Lucie County Tourist Development Council. Staff is requesting approval for payment on the attached invoices for August 2003 in the amount of $1,626.15. If you have any questions, please let us know. cc: County Administrator County Attomey - . I I I I ¡ I I 1 ) I ! 1 I I I I I I ci z C) z ¡:: LUlO ~~ c:: '" 0 c:( .~ m "" :;¡ 0> 0::: '" <t 1/1 '" 1/1 '"0«: LU "'0 (,) ~¡¡: (,) 0.0 - 0.-' ..... "'..... 1/1:;:_ LU3:~ ...."'u c. "':;: ::E <t-' -1.D';f. 1/1 N~ ......, L() <.D (Y) <.D ..... '=' '=' ~¡ 0\ r' ;-, "3 -. w i¡ c o z < w c < o < w , g 00 o o z o 00 < w . o w ~ o <: 1) E t: '" "" '" o .. '" o N ,.:. .. N ¡: .~ ~ S.~ ("'1 ,...,;.... 00 -- ~ . 0\ L- F: ~ ~ C' ¡:::¡ -< '" c: "'. '" ti ::s "":""'._ o ~. c:: U d "öñ Q$ I1J .= C,) 'r; '~'.' > h ::s..... ._ ....J op.. ..f-< g... :Z;<: t'"'Jt.L.. ~ N ,.., ,.., - ¡2 . '> ~ '.. " '" ::x: :: o ~ ;:¡ '" :: o ;; , < w " ::;.¡ ~ :;::.: .r. 'r, - ....-: '<: ''"'¡ al - ,./) ". ò-, '\} j=':'1 D r~, ~- ~.J 'j !.; ... ?l) '" rp< ..... :~ c_ ....." " , (.,. (.!) ;æf E ,,~ U 2~ a:~ ~o lI! OOi .. :J o >- ~ Z ct: J: I- '--" ..." Agenda Request Item Number: Meetin!! Date: lL~I-}b Sept. 23, 2003 Consent Regular Public Hearing Leg. [ ] [X] [ I [ ) Quasi·JD [ SUBJECT: BACKGROUND: -Sú~() Second Replat for 81 ,,,Jv.' Oaks - Final Plat Review On September 15, 2003, the Community Development Direc or approved a minor adjustment to a site plan for the Southern Oaks Subdivision. The purpose of this minor adjustment is to divide Tract "A" into two parcels. There are no subdivision improvements associated with this project. C nt Director To: Submitted By: Board of County Commissioners Community Development RECOMMENDATION: N/A On April 18, 1995 this Board approved Resolution 95-007, granting approval for a 36-lot residential subdivision, known as Shadow Oaks Subdivision. Staff recommends that the Board approve the second replat of the _5o<-1tkrn -G1,,,Jöw Oaks subdivision, and authorize staff to proceed with its finai processing. FUNDS AVAILABLE: PREVIOUS ACTION: COMMISSION ACTION: ~ APPROVED D DENIED D OTHER CONCURRENCE: Approved (3·0) Bruhn, Bames . Absent ¡;,. Coordinationl Signatures Purchasing: Public Works: Engineering: County Attorney Finance.: Environ. Resources; Mgt. & Budget: Fire Dept: Utility: (agend714a) ~ . '" ...." COMMISSION REVIEW: September 23,2003 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Dennis Murphy, Community Development Director DATE: September 15, 2003 SUBJECT: Consider a Second Replat for the Shadow Oaks Subdivision On April 18. 1995, this Board approved Resolution 95-007 granting approval for a Major Site Plan, to permit the construction of a 36-lot residential subdivision to be known as Shadow Oaks. On September 15, 2003 the Community Development Director approved a minor modification to the approved site plan. This adjustment is for a division of Tract "A" of the Shadow Oaks Subdivision into two parcels. This parcel is located on the west side of 25th street just south of 10-Mile Creek. There are no subdivision improvements associated with this project. Staff recommends that the Board approve the Second Replat for the Shadow Oaks Subdivision and authorize staff to complete the final processing ofthis Plat. cs H:/wp/projects/projects Shadõw Oaks/PlaVbccíi1emo. cc: County Administrator County Attorney jl š " ~w ~£ "" ~I î"! . II II '9ti I; =' I'!: !n I! :! II! Z I! I,. II ~;¡ ¡PI I' ~â :1 f t ! ! ! !I i, !I '! i, z I' ~ ¡I ¡ ! ~ ¡I I ! 8 !j I l!in ~ ~¡ II J ,I < U) t-< 8 ~ jzê5 ~p..~"':¡ ......... 01'<. ........ P::z - ~ g:;;::~ V..l ,..:¡z ~~,..:¡::> ,..:¡o w<u ~¡:; -[£I ~ <¡gO o fñ ê5 g "'" I ill'!1 I!~¡ [£I u ¡I,: I! ¡ill !I! Z~f:;J~ 81-11, !=-' ¡II . < ...... w ;.¡,~: i,.'! I f ~ 0 8 t-< ïl,¡ iÎ !.i,:, I'i~ ~z,..:¡w ,Iii /. ,¡"i 'I :I:: P:: ~ 2J !i~1 II ¡llil ~ I!! ~ ~ §: 0 ~I!I d! p IM ¡iii! i p ::>[£1"<1'.... ii¡'!"1 II!' ,h, o ii5 ~ r5 z I:~¡: U; I ~ j1J!¡ I ~In! U) ~ ~ ~ <0 ¡Iii! '14! II ~ I';!¡¡ I I Î!¡¡I i !Ii g; ~. 'j'¡ " .... · ¡ " "'1 !'II ~ ~ ~ r3 &1 <I! i!¡!i f!I!, I ¡! II: í J! I! iil!i.: I ¡i¡.I!! ::> . .Ii'! '2 I ~. 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[. ~ !II '!.lIb'll Ii ! Iii!' oil ,Iii 'I ' ~! '" /¡ .) ,/.., i! .... ¡I :1 §I:~ Í,¡ " I:! I ¡U!, o '1'1 ~I!' z;- ¡; ¡; i'i !'j ¡Ù I . " 1- !! .' ;' Ii Ii i: !! "' II !i PI ~ Ii III ¡¡III I J ~ i! ;¡!,., ::1 ~ ! ¡! ! i.ll I! II! i !Ii I! II! i !II .; ¡ I !I! .;1,; I iI! Þ.: 1,1 I ¡I! h I ~ ~; ~§ ~b f ¡ Ii 8 ~I ~~I f ¡ Lõ iì ilwi ii, ~ ill ¡I!i ;II¡ ¡IiI ,¡III !¡illli¡ ili. j I ' illl, . il ¡; . ! I¡ ! ! ,¡ I' . I ¡ I',~ I ! :I-In í' :'I! I ¡ , ~ LJ ! Ii iï z ~ :!! ¡Iii .!, . I .¡; 1'1 II¡I u¡ 1"1 ¡¡. i!1!¥ § ~ i!2!1! § .il,i" I .ill I' I !! HI! ! i=!!i !!! in!!! ¡J I ~I I!!! i J I I '" 'I ! I , ! , i rOd~'-:)·""i~..tDOlIUII'Ooop"L.I~I_.1~__l-..>O(......-...sI~I~_ ....., ITEM NO. C -5 AGENDA REOUEST DATE: September 23, 2003 REVISED REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Library Susan Kilmer Library Director SUBJECT: State Aid to Libraries Grant Application BACKGROUND: St. Lucie County has received funding through the Department of State/State Library of Florida since 1978 for operating funds for public library services. These funds are based on dollars spent for library operating expenses in FY01/02. The money for this grant has been projected in the library's 105-7115 budget. Estimated revenues from grant $250,000 FUNDS AVAILABLE: 105-7115 Library Special Account - State Aid to Libraries PREVIOUS ACTION: The Board of County Commissioners have approved this grant application for 25 years. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Chairman of the Board to sign two copies of the application, at the time of aooroval, for the State Aid to Libraries Grant Application. Approve the library's annual plan of service. Do not date the aoolication - the date will be added once the original application is signed in Tallahassee. COMMISSION ACTION: l'J APPROVED ( ] DENIED [ ] OTHER: CONCURRENCE: Approved (3·0) Bruhn, Barnes· Absent ~ County Attorney: Originating Dept. ~~~ l~/ Review and ADDrov~Il¡¡(~ Management & BUdge()e)~'ïf Other: {IS Cj)\ if applicable) Purchasing: Other: Eft. 5/96 Finance: (Check for Copy only, '-' ~ MEMORANDUM ST. LUCIE COUNTY LIBRARY DATE: Board of County Commissioners Susan Kilmer, Library Director ~0 ¡(dIJLf/'./ September 17,2003 TO: FROM: SUBJECT: State Aid to Libraries Grant Application - FY03/04 ************************************************************************ St. Lucie County has been a recipient of State Aid to Libraries grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all public libraries and some municipal libraries. The funds are only allowed to be used for operating expenses within the library. The monies received are based on the total dollars spent locally during the fiscal year beginning October 1,2001 and ending September 30,2002 (second previous fiscal year) for the operation and maintenance of the library under the conditions outlined in Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries grant program. The estimated funds for fiscal year 200312004 are $250,000 (which is $912 more than funds received in FY02/03). These funds have been projected in the Library's State Aid budget (105-7115) and have been through the budget review process. These funds continue to be used for three (3) full time Library positions within our Reference Department, Technical Services Department and Network Support Department; funding for St. Lucie West Cooperative Library; technology updates, books, subscriptions, audiovisual materials and other operating supplies for the library department \...- ...., Staff recommends that the Chainnan of the Board of Cmmty Commissioners be authorized to sign two (2) copies of the grant application at the time of Board approval. Staff also requests that the documents not be dated, this will be done once the original application has been reviewed and approved by staff at the State Library of Florida. cc Finance Management & Budget . ....." ~ FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION - 2003-2004 Certification of Credentials - Single Library Administrative Head File by October 1, 2003 The St. Lucie County Board of County Commissioners (name of library governing body) governing body for the St. Lucie County (name of library) hereby certifies that the incumbent single library administrative head, Susan B. Kilmer (name of incumbent) . Has completed a library education program accredited by the American Library Association; and . Has at least two years full-time paid professional experience, after completing the library education program, in a public library that is open to the public for a minimum of 40 hours per week. Signature Chair, Library Governing Body Date Name (typed) Form #DLlSISA03 Effective Page 1 of 1 ....... ....." .... FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY2003-2004 STATE AID TO LIBRARIES GRANT APPLICATION File by October 1, 2003 Check One: x Single County Library Municipal Library County Participating in a Multicounty Library --'-- The St. Lucle County Board of County Commissioners (name of library governing body) governing body for the St. Lucie County Library System (name of county or municipal library) Complete either Section 1A or 1 B as applicable. 1A Certification of Local Operating Expenditures We hereby certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 2001 and ending September 30, 2002 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds expended centrally by the library for the operation and maintenance of a library between October 1, 2001 and September 30, 2002. $ 3,035,464.92 Form #DLlS/SA01 Effective DR\FT 8-1·2003 page 1 of 3 '-' ....." ~ Library Name: ·St. Lucie County Librarv SVHtpm 1 B Certification of Local Operating Appropriations (Complete this section only if the applicant is a newly established public library in the first two years of operation.) We hereby certify that the following total funds from local sources are appropriated to be expended centrally during the fiscal year beginning October 1, 2003 and ending September 30, 2004 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds appropriated to be expended centrally by the library for the operation and maintenance of a library between October 1, 2003 and September 30, 2004. $ 3,591,096.00 SIGNATURES: ~ ~ -J::.¿ <biÐfary Finance Manager Single Library Administrative Head Sharon Bouton Typed Name Susan B. Kilmer Typed Name 9/18/03 Date September 18, 2003 Date Form #DLlS/SA01 Effective DR~FT 8-1·2003 page 2 of 3 .. '-' ...., FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES EXPENDITURE OR APPROPRIATION REPORT Library Name: St. Lucie County Library System II. Check Applicable ~ Expenditure Report - October 1, 2001- September 30, 2002 _ Appropriation Report - October 1, 2003 and September 30, 2004 (Provide appropriation only if the applicant is a newly established public library in the first two years of operation.) EXPENDITUREI FUNDING OR REVENUE SOURCES: TOTAL APPROPRIATION CATEGORY LOCAL STATE FEDERAL OTHER 10 Personal Services $2,031,854.67 $82,444.60 $2,114,299.27 30 Operating $ 508,569.06 $140,773.84 Expenses $1,024.80 650,367.70 60 Capital Outlay (Non-Fixed) $ 491,756.59 $ 54,537.31 546,293.90 Other $ 3,284.60 3,284.60 Total for the operation & $3,035,464.92 $277,755.75 $1,024.80 $3,314,245.47 maintenance of the library (Record this amount on page 1) 60 Capital Outlay (Fixed, including purchase or construction of a library building or quarters) Form #DLlS/SA01 Effective DRWT 8--1·2003 page 3 of 3 "" ....." Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) (Name of governing body) governing body for (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a simiiar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the GRANTEE expends a total amount of State awards (Le., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such GRANTEE the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. Page 1 of 4 ~ ....,I If the Grantee expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance herein under, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. Page 2 of 4 ...... -.."I f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, empioyee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with empioyment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the Page30f4 ~ -..I event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Florida Department of State Division of Library and Information Services Chair of Governing Body or Chief Executive Officer Typed Name Typed Name Date Date Clerk or Chief Financiai Officer Witness Date Typed Name and Titie of Officiai Date Page 4 of 4 '-' ...,¡ Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) (Name of governing body) governing body for (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such GRANTEE the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. Page 1 of 4 "'" ....,¡ If the Grantee expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further iiability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISiON mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and ruies of the State of Florida. Each party shall perform its obiigations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceabie, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. Page 2 of 4 "'" .....; f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the Page 3 of 4 ~ "'" event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Chair of Governing Body or Chief Executive Officer Florida Department of State Division of Library and Information Services Typed Name Typed Name Date Date Clerk or Chief Financial Officer Witness Date Typed Name and Title of Official Date Page 4 of 4 '-' .....J MISSION st. Lucie County Library System will provide free, convenient, and equal access to information; create environments to foster life- long learning, personal enrichment, and a literate society; and, strengthen information partnerships through resource sharing by providing a full range of information resources and quality services and promoting these services, programs, and materials to the community. FUNCTION St. Lucie County Library serves the community with five (5) facili ties, one (1) Bookmobile; a cooperative library site with Indian River Community College and Florida Atlantic University in St. Lucie West; nursing home rotating collections; and a Books-by- mail service for homebound citizens. The Library provides 67 hours of service per week, with each facility open three (3) nights per week, every Saturday and one facility open on Sunday afternoon. The library provides timely, accurate and useful information for community residents in their pursuit of job-related and personal interests. The library promotes on-site, telephone and online reference/information services to aid users in locating needed information. The Library promotes and encourages the use of its collection through programs, bibliographies, reader's advisory service and ready reference. GOALS & OBJECTIVES Residents of St. Lucie County will have access to high-interest and popular reading materials at all public libraries. Increase per capita circulation from 3.55 items to 4.00 items by 09/30/04. Continue offering Sunday hours at Ft. Pierce Branch Library; add Sunday hours to Morningside Branch Library in FY04. Residents of St. Lucie County will receive accurate and up-to-date reference/information service at all public libraries. Increase reference transactions from 0.99 per capita to 1.25 per capita by 09/30/04. Calculate use of internet access as they relate to reference queries. "'" ...., Children and students of all levels in St. receive assistance in meeting their educational libraries. Lucie County will needs at all public Establish output measures to determine success ratio of clients being served by Youth Services staff by 09/30/04. Add position of Librarian (paraprofessional) for Youth Services outreach programming to meet the needs from local day care centers, home schoolers and summer camps Expand intergovernmental cooperation with School Media Specialists with scheduled school and library visits; attendance at School Fairs/reading carnivals; participate in celebrity Reading Days. Work with outside agencies to develop family literacy programs and parenting classes. Continue to foster training opportunities for Children's Services Staff to better serve students in St. Lucie County by using expertise of staff at Learning Resources Department, Indian River Community College and attendance at State workshops. Encourage Children's Services staff to plan and conduct more programs for day care centers, summer camps and the like to meet the goals established through the Florida Library Youth Program sponsored through the State Library of Florida. st. Lucie County Library will provide access to current information on community organizations, issues and services. Update current file of organizations with accurate information of presidents, mailing addresses and terms of office (ongoing). Provide links from the Library's website to outside agencies and organizations. Promote library and Friends of the Library programs via Friends of the Library home page. st. Lucie County Library will strive to provide online access to residents of St. Lucie County. Maintain Tl Internet infrastructure with security firewall and software to access online subscription databases, the ~ "'" World Wide Web, and the library's online catalog. Provide computer training classes for the public at each library. St. Lucie County Library will increase public awareness of programs and services available to all residents at all public libraries. Increase visibility of services by promoting through local cable television programs, radio talk-shows, library newsletter, library website, local newspapers and attendance at local business meetings. Continue weekly column with contributors from all supervisory staff. (ongoing) Update library hand-outs to be used at County fair, career days, book sales, Welcome Wagon packets, etc. in English and Spanish, by 01/30/04. Promote Friends of the Library's Florida author/artists winter program at all library sites through local cable television programs, radio talk-shows, library newsletter, library website, local newspapers, and attendance at local business meetings. (ongoing) Pursue joint sponsorship of Author programs with local area Bookstores, newspapers and/or radio stations. Participation with local Downtown Business Association; Main Street Fort Pierce; Chamber of Commerce, etc., at their various festivals held in the county. st. Lucie County Library will provide interlibrary cooperation with public, private and academic libraries and new science centers throughout the Treasure Coast to better serve the residents of st. Lucie County. Continue to provide funding for library cooperative at st. Lucie West Library with Indian River Community College through state Aid and General Fund. (ongoing) send letter of continued interest in reciprocal borrowing privileges with Martin County Library System by 01/02/04. Set up meeting with Indian River County Library System to determine possibilities of reciprocal borrowing privileges to be made available through the Central Florida Library Cooperative by 12/01/03. ~ ~ Send copies of library's periodical holdings to USDA Lab, Harbor Branch Oceanographic Institute, Smithsonian Lab, IRCC, and st. Lucie County Extension Services Department. The Library Administrative unit will develop a five year library capital improvement plan and five year operating budget. Library Advisory Board and Library Director will continue to work on a five year capital improvement plan at their bi- monthly Board meetings, making changes as need warrants. Library Advisory Board and Library will work closely with Board of County Commissioners, the St. Lucie County School District and Core Communities to select appropriate sites for new libraries in south County. Library Director will work with all library supervisory staff to develop a five year operating budget complete with list of new personnel and their equipment needs. The Library Administrative unit will work on grants to further funding capabilities for st. Lucie County Library System. Library Director will work on LSTA funding request for literacy grants and storytelling programs. Library Director will work with Lifelong Literacy Coalition on LSTA funding request for outreach program to encourage reading to children at their early stages of development by 02/15/04. Library Director and County Grant Writer will work on brochures for the Zora Neale Hurston Heritage Trail and set an opening day for the trail. ""'" AGENDA REOUEST ITEM NO. C -5 DATE: September 23, 2003 REGULAR [ ] PUBUC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Library PRESENTED BY: Susan Kilmer Library Director SUBJECT: State Aid to Libraries Grant Application and Expenditure Report FY04 BACKGROUND: St. Lucie County has received funding through the Department of State/State Library of Florida since 1978 for operating funds for public library services, These funds are based on dollars spent for library operating expenses in FY01/02. The money for this grant has been projected in the library's 105-7115 budget. Estimated revenues from grant $250,000 FUNDS AVAILABLE: 105-7115 Library Special Account - State Aid to Libraries PREVIOUS ACTION: The Board of County Commissioners have approved this grant application for 25 years. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Chairman of the Board to sign two copies of the application, at the time of accroval, for the State Aid to Libraries Grant Application, Approve the library's annual plan of service. Do not date the acclication - the date will be added once the original application is signed in Tallahassee, COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator Review and Aocrovals County Attorney: Originating Dept.. ~K- Management & Budget Purchasing: Other: Other: Finance: (Check for Copy only, if applicable] Eft. 5/96 .. l, '-" -wi MEMORANDUM ST. LUCIE COUNTY LmRARY DATE: Board of County Commissioners Susan Kilmer, Library Director ~U..-Ut(> J;:"J!IJ/kU September 17, 2003 TO: FROM: SUBJECT: State Aid to Libraries Grant Application - FY03/04 ************************************************************************ St. Lucie County has been a recipient of State Aid to Libraries grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all public libraries and some municipal libraries. The funds are only allowed to be used for operating expenses within the library. The monies received are based on the total dollars spent locally during the fiscal year beginning October 1,2001 and ending September 30,2002 (second previous fiscal year) for the operation and maintenance of the library under the conditions outlined in Chapter 25 7, Florida Statutes, and guidelines for the State Aid to Libraries grant program. The estimated funds for fiscal year 2003/2004 are $250,000 (which is $912 more than funds received in FY02/03). These funds have been projected in the Library's State Aid budget (105-7115) and have been through the budget review process. These funds continue to be used for three (3) full time Library positions within our Reference Department, Technical Services Department and Network Support Department; funding for St. Lucie West Cooperative Library; technology updates, books, subscriptions, audiovisual materials and other operating supplies for the library department , \ ....... .,I Staff recommends that the Chainnan of the Board of County Commissioners be authorized to sign two (2) copies of the grant application at the time of Board approval. Staff also requests that the documents not be dated, this will be done once the original application has been reviewed and approved by staff at the State Library of Florida. cc Finance Management & Budget \ '-' wtI FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES ST ATE AID TO LIBRARIES GRANT APPLICATION· 2003·2004 Certification of Credentials· Single Library Administrative Head File by October 1, 2003 The St. Lucie County Board of County Commissioners (name of library governing body) governing body for the St. Lucie County (name of library) hereby certifies that the incumbent single library administrative head, Susan B. Kilmer (name of incumbent) . Has completed a library education program accredited by the American Library Association; and . Has at least two years full-time paid professional experience, after completing the library education program, in a public library that is open to the public for a minimum of 40 hours per week. Signature Date Chair, Library Governing Body Name (typed) Form #DLlS/SA03 Effective Page 1 of 1 \ ..... '..,,1 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) (Name of governing body) governing body for (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such GRANTEE the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. Page 1 of 4 , t: \. , '- -"",tI If the Grantee expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. 11. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Fiorida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. IIi. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. Page 2 of 4 ~ '- .." f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee'and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIViSION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and iii of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the Page30f4 r It . ~ '-' event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing o.f the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Florida Department of State Division of Library and Information Services Chair of Governing Body or Chief Executive Officer Typed Name Typed Name Date Date Clerk or Chief Financial Officer Witness Typed Name and Title of Official Date Date Page 4 of 4 f \. , ""'"' ..., MISSION st. Lucie County Library System will provide free, convenient, and equal access to information; create environments to foster life- long learning, personal enrichment, and a literate society; and, strengthen information partnerships through resource sharing by providing a full range of information resources and quality services and promoting these services, programs, and materials to the community. FUNCTION St. Lucie County Library serves the community with five (5) facilities, one (1) Bookmobile; a cooperative library site with Indian River Community College and Florida Atlantic University in st. Lucie West; nursing home rotating collections; and a Books-by- mail service for homebound citizens. The Library provides 67 hours of service per week, with each facility open three (3) nights per week, every Saturday and one facility open on Sunday afternoon. The library provides timely, accurate and useful information for community residents in their pursuit of job-related and personal interests. The library promotes on-site, telephone and online reference/information services to aid users in locating needed information. The Library promotes and encourages the use of its collection through programs, bibliographies, reader's advisory service and ready reference. GOALS & OBJECTIVES Residents of St. Lucie County will have access to high-interest and popular reading materials at all public libraries. Increase per capita circulation from 3.55 items to 4.00 items by 09/30/04. Continue offering Sunday hours at Ft. pierce Branch Library; add Sunday hours to Morningside Branch Library in FY04. Residents of st. Lucie County will receive accurate and up-to-date reference/information service at all public libraries. Increase reference transactions from 0.99 per capita to 1.25 per capita by 09/30/04. Calculate use of internet access as they relate to reference queries. , " \-. . ....,; Children and students of all levels in st. Lucie County will receive assistance in meeting their educational needs at all public libraries. Establish output measures to determine success ratio of clients being served by Youth Services staff by 09/30/04. Add position of Librarian (paraprofessional) for Youth Services outreach programming to meet the needs from local day care centers, home schoolers and summer camps Expand intergovernmental cooperation with School Media Specialists with scheduled school and library visits; attendance at School Fairs/reading carnivals; participate in celebrity Reading Days. Work with outside agencies to develop family literacy programs and parenting classes. Continue to foster training opportunities for Children's Services Staff to better serve students in st. Lucie County by using expertise of staff at Learning Resources Department, Indian River Community College and attendance at State workshops. Encourage Children's Services staff to plan and conduct more programs for day care centers, summer camps and the like to meet the goals established through the Florida Library Youth Program sponsored through the State Library of Florida. st. Lucie County Library will provide access to current information on community organizations, issues and services. Update current file of organizations with accurate information of presidents, mailing addresses and terms of office (ongoing). Provide links from the Library's website to outside agencies and organizations. Promote library and Friends of the Library programs via Friends of the Library home page. St. Lucie County Library will strive to provide online access to residents of st. Lucie County. Maintain TI Internet infrastructure with security firewall and software to access online subscription databases, the « " '\w ,..." World Wide Web, and the library's online catalog. Provide computer training classes for the public at each library. st. Lucie County Library will increase public awareness of programs and services available to all residents at all public libraries. Increase visibility of services by promoting through local cable television programs, radio talk-shows, library newsletter, library website, local newspapers and attendance at local business meetings. Continue weekly column with contributors from all supervisory staff. (ongoing) Update library hand-outs to be used at County fair, career days, book sales, Welcome Wagon packets, etc. in English and Spanish, by 01/30/04. Promote Friends of the Library's Florida author/artists winter program at all library sites through local cable television programs, radio talk-shows, library newsletter, library website, local newspapers, and attendance at local business meetings. (ongoing) Pursue joint sponsorship of Author programs with local area Bookstores, newspapers and/or radio stations. Participation with local Downtown Business Association; Main Street Fort Pierce; Chamber of Commerce, etc., at their various festivals held in the county. st. Lucie County Library will provide interlibrary cooperation with public, private and academic libraries and new science centers throughout the Treasure Coast to better serve the residents of St. Lucie County. Continue to provide funding for library cooperative at St. Lucie West Library with Indian River Community College through State Aid and General Fund. (ongoing) Send letter of continued interest in reciprocal borrowing privileges with Martin County Library System by 01/02/04. Set up meeting with Indian River County Library System to determine possibilities of reciprocal borrowing privileges to be made available through the Central Florida Library Cooperative by 12/01/03. " "'" '" .....,¡ Send copies of library's periodical holdings to USDA Lab, Harbor Branch Oceanographic Institute, Smithsonian Lab, IRCC, and st. Lucie County Extension Services Department. The Library Administrative unit will develop a five year library capital improvement plan and five year operating budget. Library Advisory Board and Library Director will continue to work on a five year capital improvement plan at their bi- monthly Board meetings, making changes as need warrants. Library Advisory Board and Library will work closely with Board of County Commissioners, the st. Lucie County School District and Core Communities to select appropriate sites for new libraries in south County. Library Director will work with all library supervisory staff to develop a five year operating budget complete with list of new personnel and their equipment needs. The Library Administrative unit will work on grants to further funding capabilities for St. Lucie County Library System. Library Director will work on LSTA funding request for literacy grants and storytelling programs. Library Director will work with Lifelong Literacy Coalition on LSTA funding request for Outreach program to encourage reading to children at their early stages of development by 02/15/04. Library Director and County Grant Writer will work on brochures for the Zora Neale Hurston Heritage Trail and set an opening day for the trail. , 1 .. - 'wtI AGENDA REQUEST ITEM NO. C-G DATE: Sept. 23,2003 REGULAR I ] PUBLIC HEARING I ] CONSENT IX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh Director SUBJECT: Waiver of fee/Friends of the Marina BACKGROUND: The Friends of the Marina, an affiliate of the River Park Homeowners Association has requested use of the open space at River Park Marina on the afternoon of October 25, 2003, from 11 a.m. to 3 p.m. for their second fun day. The purpose of the event is to have local businesses showcase themselves while offering the community a look at the area. Funds raised will be used for park improvements. (Waiver of fee request attached) This group was formed by members of the River Park Homeowners Association in 1999 and since that point they have contributed $1500 toward the beautification of the Marina open space, as well, volunteering their time. . FUNDS AVAILABLE: N/A PREVIOUS ACTION: BOCC approved waiver of fees for the Friends of the Marina's first fun day fund raiser during the November ft. 2001 Board Meating. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve The Friends of the Marina's request for use of open space at the River Park Marina on October 25, 2003 at no charge for fund-raising purposes to benefit the park. COMMISSION ACTION: [ "~APPROVED [I DENIED [ ] OTHER: CONCURRENCE: Originating Dept: X M . Coordination/Sianatures Approved (3·0) Bruhn, Barnes· Absent County Attorney: Management & Budget: Purchasing: Public Works: Other: Finance: (Check for Copy only, if applicablel_ SEP-10-03 I?~: 10 PM '-' W DEEMER; TEL 5618797310 56187973· . P.01 """" ,- Linda Brown Parks and Recreation Saint Lucie County Fax 462-1940 The Friends Of the River Park Marina, a part of the River Park Homeowners Association, will be holding their second fun day, Marina Mania, at Marina Park (on the North Fork at Prima Vista Boulevard) on Saturday, October 25,2003, from 1 1 am till 3 pm. The Friends is a coalition of local groups, including the PSL Yacht Club, River Keepers, River Park Homeowners Association, 51. Lucie Canoe & Kayak Rentals, St Lucie River Tours, and the St Lucie Sheriffs Office Marine Citizens Observation Patrol. These groups have been working with the county for several years to develop and maintain the Marina Park. With the announcement of the grant monies that have been applied for to be put into the Marina Park. we were planning on an event to celebrate the park by having our local businesses showcase themselves while offering the community e look at the area. We have many events planned for the day, including music, a haunted nature trail tour and an alligator toss, and are encouraging businesses to bring in some fun/fund raising gamas and raffles. Since this Is an event that is to benefit and support the Marina Park we are asking the commissioners to waive the fees for the rental on the day of the event. We. of course, extend an invitation to each of you to join us In our celebration, since it has been through your help that we have come this far. If you have any questions, please feol free to call or el11all me at any time. Thank you Susan Scherer Fund Raising Chair Friends of the River Park Marina 340-1782 shoelady34@iwon.com \ AGENDA REOUEST ITEM NfJ!' C-7 DATE: Sept. 23,2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY: Human Resources PRESENTED BY: Carl Holeva Human Resources Director SUBJECT: October Increase BACKGROUND: FUNDS AVAILABLE: RECOMMENDATION: )iMMISSION ACTION: ~ APPROVED [ ] DENIED [ ] OTHER: Approved (3·0) Bruhn, Barnes' Absent County Attorney: Jr Originating Dept. During the budget workshops, the annual COLA was discussed and the recommendations was for an across-the-board 3% or 30 cents an hour increase (whichever is greater) for employees. At the present time, the Teamsters Union representing our bargaining unit employees, have not voted to accept a 3%, or 30 cents and hour increase. We are asking for approval of the increase for the non-bargaining unit employees to be effective Oct. 1,2003. 001-9910-599310-800 General Fund Salary Increase Reserves and various funds 9910-599310-800. Staffrecommends that the Board of County Commissioners approve the 3% increase or 30 cents an hour (whichever is greater), effective Oct. 1,2003, fornon-bargaining full time and part time with limited benefits employees. CONCURRENCE: .j;-¡ Review and Ajíñ~ Management & Budget: Other: Purchasing: Other: Finance: (Check for Copy only, if applicable): _ - , '- '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Carl Holeva Human Resources Director DATE: Sept. 23, 2003 SUBJECT: October Increase BACKGROUND: Staff recommends a 3% or 30 cents an hour (whichever is greater) increase for all non-bargaining full time and part time with limited benefits employees effective Oct. 1,2003. If the employee is at the top of their pay range for hislher position, they will receive the full amount of the increase but the pay range for the position will not be affected as a result of the increase. Employees who are in the initial probation period WILL NOT receive the 3% or 30 cents an hour (whichever is greater) increase. Employees who are in a promotion probation will receive their 3% or 30 cents an hour (whichever is greater) increase. Temporary employees WILL NOT receive the 3% or 30 cents an hour (whichever is greater) increase. RECOMMENDATION: Staff recommends a 3% or 30 cents an hour (whichever is greater) increase for all non-bargaining full time and part time with limited benefits employees effective Oct. I, 2003. Respectfully submitted, ~~ Carl Holeva Human Resources Director CHImp Copies to: County Administrator Finance Director Employment and Labor Relations Manager Payroll Supervisor ..,¡ AGENDA REOUEST ITEM NO. C-8A DATE: September 23, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Contractor's Certification Board Reappointment BACKGROUND: John Langel is currently serving as an at-large member of the Contractors Certification Board. Mr. Langel's term expires this month. Mr. Langel is eligible for reappointment, and has sent a letter requesting reappointment. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board ratify the at-large reappointment of John Langel to the Contractors Certification Board. COMMISSION ACTION: [. APPROVED [ ] DENIED C r OTHER: CONCURRENCE: Approved (3·0) Bruhn, Bemes . Absent -b"\ Review and ADDrovals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '- ....,,; SEA COAST AIR CONDITIONING & SHEET METAL, INC. 3207 Industrial 31" Street - Ft. Pierce, Florida 34946 (772) 466-2400 - Fax (772) 466-3053 ". BOARD OF COUNTY COMMISSIONERS 2300 VIRGINIA AVE. FT. PIERCE, FL. 34982 DEAR CHARLES WENZEL: I, JOHN LANGEL 00 WISH 1D EXTEND MY TERM ON 'lliE CONTRACTOR EXAMINING BOARD AS OF AUGUST 28, 2003. I LOOK FORWARD 1D SERVING ON 'lliIS BOARD AND THANK YOU FOR 'lliIS INVITATION. SALES - SERVICE - INSTALLATION ~, AGENDA REOUEST ..,.¡ ITEM NO. C-Bb '-' DATE: September 23, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] SUBJECT: Termination of Lease Agreement with Downeast iling Adventures for the County's North Dock TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration BACKGROUND: St. Lucie County entered into a Lease Agreement with Downeast Sailing Adventures in November, 2001 and amended this lease in April, 2002. FUNDS AVAILABLE: N/A PREVIOUS ACTION: St. Lucie County has leased the North Dock to Downeast Sailing Adventures during the last two years. Recently significant money has been spent to improve facilities in the North Dock area including shoreline restoration and parking area replacement. Future projects include marine related kiosks, By continuing to lease the North Dock, access by water to visit pubiic facilities will be denied. RECOMMENDATION: Staff recommends that the Board terminate the lease with Downeast Sailing Adventures as provided for under section 15.04 of the agreement and authorize staff to provide notice to user by registered or certified mail. COMMISSION ACTION: CONCURRENCE: Pulled Prior to Meeting [ ] APPROVED [ ] DENIED [XI OTHER: County Attorney: !]x" Review and Accrovals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 \w '-(ttI I .... AMENDED AND RESTATED DOCK USE AGREEMENT THIS AGREEMENT is made and entered into this 'd-.3 day of ~ß 2002, by and between ST. LUCIE COUNTY, ("the County") and DOWNEAST SAILI G ADVENTURES (the "User"). WITNESSETH: WHEREAS, on November 13,2001, the parties entered into a Dock Use Agreement wherein the County agreed to permit the User the nonexclusive right to use of the County's North Dock for the operation of a cruise ship for a term of three years (the "Agreement"); and, WHEREAS, on November 20,2001, the parties entered into a First Amendment to the Agreement by amending Paragraph 3.01 to delete the bond requirement and require the User instead to deliver à cash bond to the County to guarantee the User's performance under the Agreement; and, WHEREAS, the User has requested several additional amendments to the Agreement in order to clarifY its responsibilities under the Agreement. WHEREAS, the parties have agreed to enter into an Amended and Restated Dock Use Agreement in order to incorporate the revisions requested by the User and the revisions under the First Amendment into one document. ARTICLE I - TERM 1.01 Termination of Ex is tine: Ae:reement; Term: The existing Agreement, as amended, between the County and the User shall terminate upon the effective date ofthis Restated and Amended Dock Use Agreement. The County hereby grants the User nonexclusive use of the premises described in Article 2.01 hereoffor the operation of a cmise ship departing from St. Lucie County and at the site noted herein, hereinafter called the "facilities" for the period November 8, 2001 through and including October 31,2004, except as otherwise herein provided. The User shall remove the ship from the North Dock and vacate the premises during the periods November 12,2001 through and including November 19,2001, and December 6, 2001 through and including December 16, 2001. In the event the County requires that the User vacate the premises at any time other time between October I st and April 31 st during the term of this Agreement, the User shall do so upon ninety (90) days prior written notice. In the event the County requires that the User vacate the premises between May 1st and September 30th during the term ofthis Agreement, the User shall do so upon thirty (30) days prior written notice. It is understood by the parties that the User intends to suspend operations and vacate the premises during the summer beginning on or about May I" of each year. The fees paid by the User hereunder for any month during which the User must vacate the premises shall be prorated based upon a thirty (30) day month. The User shall notifY the County in writing fifteen (15) days prior to the suspension of operations for any period in excess of thirty (30) days. g:\atty\agreemnt\fac-use\dO\'/l1east.rstmt. wpd '-' ..., ARTICLE 2 - SITE DESCRIPTION 2.01 Site DescriDtion: The Premises shall be the North Dock and parking areas identified on the map attached hereto as Exhibit "A". Any additional use of County dock space shall require the prior approval ofthe Board of County Commissioners. Except for handicapped parking, User agrees that User and its patrons and employees shall only utilize the parking area identified for User's use on Exhibit "A". The County reserves the right to utilize the parking area identified for User's use when User is not operating the vessel. All common areas, non-exclusive, will be as described in Exhibit "A" attached hereto. The User hereby acknowledges and agrees that its use ofthe Premises and all facilities pursuant to this Agreement shall be non-exclusive and the County reserves the right to permit other uses of the Premise and facilities as it deems appropriate. ARTICLE 3 - FEES 3.0IFee: For the period November 13,2001 through and including November 20, 2001, the User shall pay the County fifty and 00/1 00 dollars ($50.00). Thereafter, the User shall pay the County one hundred and 00/100 dollars ($100.000) per month. The first payment shall be due on or before November 13,2001 and thereafter payments shall be due on the fifteenth (15th) day of each month without billing. On or before May I, 2002 and thereafter on or before May 1 st during each remaining year ofthis Agreement, the User shall notify the County of the number of passengers on the ship during the previous twelve (12) months and shall pay the County an arn\)unt equal to one and 00/1 00 dollar per passenger for each passenger in excess of one thousand two hundred (1,200) passengers on the ship during such period. On or before November 26, 2001, the User shall deliver a cash bond to the County in the amount of three hundred and 00/100 dollars ($300.00) to guarantee performance of its duties and obligations under this Agreement. In the event, this Agreement is terminated by the County for cause or by the User without cause, as provided herein, or the User fails to fulfill its duties and obligations under this Agreement, the County shall retain the full amount of the cash bond. Otherwise, the County shall return the full amount of the cash bond to the User within forty-five (45) days after the effective date of termination of this Agreement. 3.02 Parkin!! Fees: No parking fees shall be charged without the written consent of the County. No parking fees shall be charged to User by the County. 3.03 Sales Tax: User shall be liable for the prevailing State of Florida and St. Lucie County Sales and Use Tax imposed on the amounts payable to the County under this Agreement. This Sales and Use Tax shall be payable to the County on the tenth (10th) day of each month which in turn will remit the same to the State. 3.04 Pavment of Fees: The User shall pay all rent, and charges, and submit all reports required by this Agreement to the following: g:\atty\agreemnt\fac-use\downeast.rstmt.wpd 2 '-" ...." " St. Lucie County Finance Director 2300 Virginia Avenue Fort Pierce, Florida 34982 In the event User fails to pay any of the fees, or charges as required to be paid under the provisions of this Agreement within thirty (30) days after same shall become due, interest at the rate of one percent (I %) per month (12% annually) shall accrue against the delinquent payment(s) until same are paid. Implementation of this provision shall not preclude the County from terminating this Agreement for default in the payment of fees, or charges, or from enforcing any other provisions contained herein. 3.05 Lien for Unpaid Amounts Due: The County shall have a maritime lien against User's vessel, her appurtences and contents, both under the "Ship Mortgage Act 1920", 46 USCA Section 971, and under the general maritime law for any unpaid amounts due under this Agreement or for any damage caused by or attributed to the User's vessel, or by User to the dock within the premises. ARTICLE 4 - USER'S OPERATIONS 4,01 Facility Mana!!er: The User shall designate a manager for its operation. The qualifications of said facility manager shall be submitted to the County Administrator upon request. The manager shall be the authorized representative of the User and entitled to act in all matters relating to the daily operation of the facility leased hereunder. The County Administrator shall be advised in writing of the name, address, social security number, and phone numbers (home and office) of the manager. 4.02 Advertisement: User may advertise on County property subject to the approval of the City of Fort Pierce and the County Administrator. A description of the advertising shall be submitted to the County Administrator for prior written approval, which approval shall be granted or denied within twenty (20) days. 4.03 Department Approval: The User agrees that it will obtain prior written approval from the County Administrator in all of the following matters: A. Changes from originally approved specifications, signage, and graphics. B. Equipment User plans to install requiring any modifications. Further, it is understood by User that should any of the above items be disapproved, User will offer alternative solutions. The County Administrator shall be allowed twenty (20) days to reach a decision in any of the above matters and failure to do so within such period shall constitute approval. User shall supply the County with two (2) copies of any promotional brochures with suggested prices it is preparing prior to the time they are finalized for usage. g:\atty\agreemnt\fac-use\downeast.fstmt. wpd 3 \w .....,; " , 4.04 County Approval of Chan!!:e: The County reserves the right with just cause to require the User to change within a reasonably stated time any and all items contained in Section 4.03 it deems in need of change, despite previous approval of same. . 4.05 Public Contact of User's Emplovment: User's employees in contact with the public shall perform their duties in an efficient and courteous manner. Failure of an employee to do so shall be grounds for the County Administrator to demand his or her removal from duties. 4.06 Hours of Operation: Prior to November 15, 2001, the User shall submit a schedule of intended hours of operation to the County for approval. 4.07 Ouality of User's Services: A. The User shall conduct its operation in an orderly manner so as not to annoy, disturb, or be offensive to customers, patrons, other operators, or others in the immediate vicinity of such operations. B. The User shall control the conduct, demeanor, and appearance of its officers, members, employees, agents, representatives, customers and patrons, and upon objection of the County Administrator concerning the conduct, demeanor, or appearance of any such person, User shall immediately take all necessary steps to correct the cause of such objection. C. User shall take good care of said premises, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same in constant good and substantial condition and repair, and upon the expiration of this Agreement, or its termination in any manner, shall deliver the premises to the County in no worse condition that the same was at the commencement ofthis Agreement, loss by fire or other casualty and ordinary wear and tear excepted. D. User shall furnish good, prompt, and efficient service, adequate to meet all reasonable demands therefore. E. If applicable, User shall serve only a good quality food obtainable for the type of menu being offered. ARTICLE 5 - ASSIGNMENT 5.0 I Assi!!:nment. SubIettin!!: and Successors in Interest: User shall not sub-let the premises in whole or in any part, nor assign the agreement to any other persons or firm without the written consent of the County which consent shall not be unreasonably withheld. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in this Agreement shall extend to and be binding on the respective successors and assigns. g:\atty\agreemnt\fac-use\dov.TIeast.rstmt.,,"pd 4 \w .oJ ARTICLE 6 - ALCOHOLIC BEVERAGES 6.01 Alcoholic Bevera¡,:es: User shall comply with state, and local law in the sale and consumption of alcoholic beverages. ARTICLE 7 - FACILITIES, EQUIPMENT & SERVICES 7.01 Facilities. EQuipment and Services Provided bv User: The User, at its sole cost, shall provide and/or maintain the premises, in accordance with all legal requirements and shall further provide: A. Janitorial service for boat, dock and operating facilities, as required. B. Any intemal construction and maintenance, as approved by the County. C. ' Electrical service connections supplied by Fort Pierce Utilities Authority at the docks ;and parking lots to terminate at the meter. Any necessary outlets for the vessel will be User's responsibility and must be installed by a licensed electrical contractor. User shall be responsible to Ft. Pierce Utilities Authority for any deposits, monthly payments and connection to these utilities, including any additional electric meters. D. The User shall use an approved marine sewage pump out service for wastewater disposal. Pump out receipts shall be available for inspection upon request of the County. E. All operating equipment either privately or publicly owned. F. All plumbing fixtures. G. Pest control within and around leased area and facilities. H. Security for boat, dock and parking lot, as required. 1. Solid waste disposal service and containers in location approved by the County. K. Telephone service and any telephone charges associated with the use of the office space in the Historical Museum. 7.02 Improvements - General: A. All improvements, including buildings, equipment, signing, temporary structures, and advertising installed by the User shall be in keeping with the appropriate standards of decor at the facilities and in the area and must be approved by the Leisure Services prior to installation. The User shall not install, remove or replace the equipment g:\atty\agreemnt\fac-use\downeast.rstmt.wpd 5 '-" ...", without notification to, and prior approval by, the County Administrator. Following the installation of any additional equipment, and improvements which the County may approve from time to time, User s~all provide to the County Administrator copies of all invoices for the improvements. B. All buildings, improvements, and any other fixture of a permanent nature shall become the property of the County at the time installed and shall not be remoyed. C. User agrees that all equipment and improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. D. User shall not alter or modify any portion of facilities, the leased premises or the improvements constructed therein without first obtaining written approval fi-om the County Administrator. E. ' User shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the equipment or furnishings installed on the leased premises. 7.03 Space and Desk at County Museum: During the term of the Agreement, the County agrees to provide the User with space and a desk in the County's Museum at a location determined by the County. ARTICLE 8 - MAINTENANCE; REPAIR 8.01 Maintenance Responsibilities: User shall, at its sole cost and expense, keep and maintain the leased premises in a first-class condition during the term of the Lease Agreement and any extensions thereof. The provision of janitorial services and all maintenance and repair, excluding landscaping, of the leased premises are the sole exclusive responsibility of the User. 8.02 Damae:es: User shall repair all damages to the premises caused by the User, its employees, agents, or independent contractors. User shall provide the County Administrator prior notice of all repairs. Any repairs are subject to the approval of the County Administrator. ARTICLE 9 - QUIET ENJOYMENT; GRANT AGREEMENTS 9.01 Ouiet Eniovment of Proper tv: The County covenants and agrees that so long as no default exists in the perfonnance of User's covenants and agreements, User shall peaceably hold and enjoy the premises and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County. 9.02 FIND and Florida Boatine: Improvement Proe:ram Grant Ae:reement: User covenants and agrees to use the facilities in a manner consistent with the terms of the grant agreement dated October 8, 1992 with the Florida Inland Navigation District and the grant agreement dated April 1 0, 1989 with the Florida Boating Improvement Program grant agreement. g:\atty\agreemnt\fac-use\downeastrstmt.wpd 6 '-' ,..", ARTICLE 10 - INDEMNIFICATION 10.01 Indemnification: To the extent of the insuranc~ requirements set out in Article 14, User agrees to indemnifY and save the County harmless from any and all claims, liability, losses and causes of action which may arise out of the Agreement or the User's activities in the premises, or aboard the vessels operated by the User while at or away from the dock. The User shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, at the County's request, in the name of the County when applicable and shall pay all costs and judgment which may issue thereon. ARTICLE 11 - LIABILITY 11.01 Liability for Dama!!e or Iniurv: The County shall not be liable for any damage or injury which may be sustained by any party or persons on the leased premises or aboard the vessels while the vessels are at or being operated away from the dock, other than the damage or injury caused solely by the negligence ofthe County. ARTICLE 12 - RECONSTRUCTION AND REPAIR OF IMPROVEMENTS 12.01 Dama!!e or Destruction of Premises: If the leased premises are partially damaged by the action and/or negligence ofthe User, but not rendered unusable, the same shall be repaired with due diligence by the User from proceeds of the insurance coverage and/or at its own cost and expense, and a pro-rata adjustment of the rent hereunder for the period of User's business interruption, if any, shall be made. Any repairs shall be subject to the approval ofthe County Administrator. ARTICLE 13 - INGRESSIEGRESS 13.01 In\:ress and E!!ress: Subject to rules, regulations, statutes, and ordinances governing the use of the facilities, the User, his agents, servants, patrons and invitees, and his suppliers of service and furnishers of materials, shall have the right of ingress and egress to and from the premises. ARTICLE 14 - INSURANCE 14.01 Insurance: The User shall maintain the following insurance during the term of the Agreement: A. Jones Act Insurance - The User shall maintain sufficient coverage as required under the Jones Act to cover all affected employees. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. B. Marine Liability Insurance - User shall provide Commercial Marine Liability Insurance written on an occurrence basis, including product liability/completed operations, contractual liability, for a limit of no less than One Million and 00/1 00 g:\atty\agreemnt\fac-use\do"TIeast.rstmt.wpd 7 ~ """ Dollars, combined single limit for bodily injury, illness and property damage. The County shall be named as an additional insured. The insurance required shall include those classlfications as listed in Standard Liability Insurance Manuals, which most nearly reflect the operations of the User under the Agreement. All insurance policies and surety bonds required under by this Agreement shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: The company must be no less than "A" as to general policy holders rating, and no less than "X" as to financial rating, in accordance with the latest edition of Best's Key Rating Guide, published by A.M. Best Company, Inc. The User shall furnish Certificates oflnsurance to the County at least fifteen (IS) days prior to the commencement of operations, which Certificates shall clearly indicate that the User has obtained i~surance in the type, amount and classifications as required. , The County reserves the right to reasonably amend the insurance requirements by: the issuance of notice in writing to the User. The County shall be named as an additional insured on all policies ofJiability insurance. ARTICLE 15 - TERMINATION 15.01 Automatic Termination: The occurrence of any of the following may, at the option of the County, cause the Agreement to be automatically terminated: A. Institution of bankruptcy proceedings by the User. B. Institution of proceedings involuntary bankruptcy against the User if such proceedings continue for a period of ninety (90) days. C. Assignment of the Agreement for the benefit of the User's creditors. D. Determination by a governmental agency other than the County or court that the Agreement is invalid or violates the terms of any grant agreements. E. Abandonment by User of, and discontinuance of operations or failure to provide regular service, other than during the period June 1st through and including October 31st. F. Failure by the User to remedy a violation found by the St. Lucie County Health Department within fourteen (14) calendar days of the date of a notice of violation issued by the St. Lucie County Health Department or the St. Lucie County Fire District. g:\atty\agreemnt\fac~use\downeast.rstmt. wpd 8 \., "" 15.02 Termination By The County Upon Notice: The County shall have the right to tenninate this Agreement after thirty (30) calendar days written notice sent by registered or certified mail to the User infonning the User of the occurrence of one or more ofthe following, unless the same shall have been corrected within the thirty (30) calendar day périod: A. Non-perfonnance of any material covenant of this Agreement and failure by the User to remedy such breach. B. The conducting of any business or the merchandising of any product or device not specifically authorized herein. 15.03 Non-Payment of Fees: Whenever the non-payment of any sum or sums due hereunder continues for period often (10) calendar days after the due date for such payment(s), the County shall have the right to tenninate this Agreement after seven (7) calendar days following User's receipt of written notice sent by registered or certified mail specifYing the amount ofpayment(s) in default; provided, however that such tennination shall not be effective if the User makes the required payment(s) within the seven (7) calendar day period following receipt of written notice. 15.04 Termination By TheCountv Without Cause: The County shall have the right to tenninate this Agreement without cause after thirty (30) days written notice to the User by registered or certified mail. 15.05 Termination by User: User shall have the right upon thirty (30) calendar days written notice to the sent by registered or certified mail to tenninate the Agreement at any time after the occurrence of one or more of the following events: A. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of facilities for the intended commercial purposes, and the remaining in force of said injunction for a period of more than sixty (60) calendar days. B. A breach by the of any of the tenns, covenants, or conditions contained in the Agreement and the failure of the to remedy such breach for a period of thirty (30) calendar days after receipt of written notice sent by registered or certified mail from the User of the existence of such breach. 15.06 Termination by the User Without Cause: The User shall have the right to tenninate this Agreement without cause after thirty (30) days written notice to the County. 15.07 Remoyal of Personal Property Upon Termination: The User, within thirty (30) calendar days following the tennination of this Agreement, shall forthwith remove all of its personal property not acquired by the County under the tenns of this Agreement and the original proposal. Any personal property of User not removed in accordance with this Article may be removed by the County for storage at the cost of User or shall constitute a gratuitous transfer of title thereof to the g:\atty\agreemntlJac-use\do,",,'Ileast.rstmt. ..vpd 9 '-.- "'" County for whatever disposition is deemed to be in the best interest ofthe County. The County shall not be liable to User for safekeeping of User's property. ARTICLE 16 - NON-DlSCroMINATION 16.01 Non-Discrimination: A. That User for itself, its personal representatives, successors in interest, and assigns as a party of the consideration hereof does hereby covenant and agree that: 1. No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise . subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. 3. That User shall use the premises in compliance with all other requirements imposed by or pursuant to Title 45, Code of Federal Regulations, Article 80, N on-discrimination under pro grams receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Titie IV of the Civil Rights Act of 1964, and as said Regulations may be amended. B. User shall not discriminate against any employees or applicant for employment in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment, or any other matter directly or indirectiy related to employment because of age, sex, or physical handicap (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. C. That in the event of breach of any of the above non-discrimination covenants, the County shall have the right to terminate the contract and to re-enter and repossess said facilities thereon and hold the same. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. ARTICLE 17 - COMPLIANCE WITH RULES 17.01 Rules and Ree:ulations: The User will obserVe, obey and comply with all rules and regulations adopted by the County and comply with all rules and regulations of other governmental g:\atty\agreemnt\fac-use\downeast.rstmt-wpd 10 \.. -..I units and agencies having lawful jurisdiction, which may be applicable to User's operations under the Agreement. . . ARTICLE 18 - PAYMENT 18.01 Payment of Obli\:ations: User shall pay all taxes (including but not limited to ad valorem taxes) and other costs lawfully assessed against its interest in the leased premises, its improvements and its operations on the premises itself under the Agreement provided, however, that User shall not be deemed to be in default of its obligations under this Agreement for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity of such taxes. ARTICLE 19 - INSPECTION 19.01 Insµection by County: The County may make periodic inspections of all of the leased premises and equipment to determine if such are being maintained in a neat and orderly condition. The User ¿hall be required to make any improvements in cleaning or maintenance methods reasonably required by the County. Such periodic inspections may also be made to determine whether the User is operating in compliance with the terms and provisions of the Agreement. ARTICLE 20 - REPAIRS BY COUNTY 20.01 Facility Repairs. Alterations and Additions by the County: The County shall have the absolute right, without limitations to make any repairs, if not done in a timely manner by User, alterations, and additions to any structures and facilities, if not done by the User in a timely manner, free from any and all liability to the User for loss of business or damages of any nature whatsoever during the making of such repairs, alterations, and additions. All repairs shall be paid for by User. ARTICLE 21 - WAIVER 21.01 Indule:ence Not Waiver: The indulgence of either party with regard to any breach or failure to perform any provision of the Agreement shall not be deemed to constitute a waiver of the provisions of any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of the Agreement. ARTICLE 22 - NOTICE 22.01 Notices: Any notices submitted or required by the Agreement shall be sent by registered or certified mail and addressed to the parties as follows: g:\atty\agreemnt\fac-use\downeast.rstmt. wpd 11 \..- ..., To the County: With a copy to: County Administrator St. Lucie County Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 County Attomey St. Lucie County Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 To the User: Andrew Keblinsky Down East Sailing Adventures Post Office Box 1555 Rockland, ME 04841 , or to such othet address as either may designate in writing. ARTICLE 23 - MEDIATION 23.01. Mediation: In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding conceming the disputed issue. ARTICLE 24 - ATTORNEYS' FEES AND COSTS 24.01. Attorneys' Fees and Costs: In the event of any dispute concerning the tenns and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attomey, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Club and its surety or sureties, if any, for such fees and costs is joint and several g:\atty\agreemnt\fac-use\downeast.rstmt. wpd 12 -... ...., ARTICLE 25 - INTERPRETATION; VENUE 25.0 I Interpretation: Venue: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes aÍl prior or written agreements with respect thereto. This Agreement may only be amended by a written document, properly authorized executed and delivered by both parties. This Agreement shall be interpreted as a whole and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. IN WITNESS WHEREO F, the parties hereto have cause this Agreement to be executed by their appropriate officials, as of the date first above written. uPUTY /)ft /Þ'l // Ú;!-, y ~ i'/ r /( g:\atty\agreemnt\fac-use\downeastrstmt.wpd DOWNEAST SAILING ADVENTURES BY: NAME: 'ìø/q TITLE: ~ ~rf1t::5?ý / I 13 , ~ .,..,1' . Exhibit' "A" .. --.-.-.---' ._.. ,hO.' ._~.._._._-_. r'"····-.--~· -' . -. . . - .~. . " :....:. ~. . ." .... " -..:' " ..'.'.: I' " . I ... .'- ~~. , L____IY1 I I , PARKING PARKING I I I I Electr1G?- ~ I ' PARKING I I I I , I I I I , , I , , , , , , , .. , , 110 ACCESS R9AD ~ - ~ M U SE U M - - - - -'-- - -lAJ--- '.' I I ,. I . , -' . } ¡ '. : ., FIRE A J Drain \ ¡. I Drøin . r ~ ~ I i , .: J f' i ¡ I " 210 õ\0 i :~20 330 .". I· ¡ " .' "I , I ~ , ~ '" " , 220 Drai~. I Ir , .rJ____.r______ I " , 410 .~20 430 I ------------- ~, I 230 , '" , I r \ ; -;., I ~ -' , , , I , I , , 120 '" " CESS ELECTRIC "--> . El* 130 IIC' 140 r 150 IIC' ~ ~ - ~ - - "-"......,, G - ~~ ~ //~~.// ......'... -- .., '''1< -------------------------- WATER , 700 800 WATER > 702 70< 802 -. . -!C4 ._- -. -. _.._,_.__.,_-;-.--:-_~;~_:___::.-~.;..-:.:::;:':,-..:-_":" ___-:::-: _. ,":_" ~..:': .:.....__705. ..·-·-·.-Gate ~- 710 .06 ..' =.õð . ~~~~:;.~~~~~:~;-~;.~ ~~~.s---- 810 ..... . . .. --.-.- ..... .. -----------,-NQR.TH· t .12 712 ~ .- .. . ~.,., ~20 !1! !lt6 Rll 814 5t5 B1S a20 822 -..---- .- AGENDA REOUEST ....." ITEM NO. C-8c DATE: September 23, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: BOCC Meeting Changes for November, 2003 BACKGROUND: Due to the November 11, 2003 holiday, and the annual reorganization on November 18, 2003, meeting changes will need to be announced for November, 2003. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board cancel the Board of County Commissioners meeting for November 11 due to the holiday, change the November 18, 2003 meeting to 9:00 am for the annual reorganization, and change the November 25,2003 meeting to 7:00 pm. COMMISSION ACTION: [XJ APPROVED [ ] DENIED i ] OTHER: CONCURRENCE: Approved (3·0) Bruhn, Bames . Absent Review and ADDrovals County Attorney: Management & Budget Purchasing: originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 \ )-. ....,¡ ITEM NO. C9a DATE: 9/23/03 AGENDA REQUEST REGULAR () PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Change Order #1 to Contract No. C02-07-561 with Norment Security Group, Inc. BACKGROUND: On July 23, 2002 the Board of County Commissioners approved Contract No. C02-07-561 with Norment Security Group, Inc., for Security and Fire Alarm Systems Improvements and Replacements for the St. Lucie County Correctional Facility. Central Service Department is requesting authorization to increase the contract amount by $26,892.95. (See Attached Memo) FUNDS AVAilABLE: Account No. 316-1940-562000-26001, Rock Road Jail/Security System Upgrade. PREVIOUS ACTION: On July 23,2002 the Board of County Commissioners approved award of Bid No.02-057, Security and Fire Alarm Systems Improvements and Replacements for the St. Lucie County Correctional Facility to Norment Security Group, Inc. RECOMMENDATION: Staff recommends approval of Change Order #1 to Contract No. C02-07-561 with Norment Security Group, Inc., for an amount of $26,892.95 and authorization for the Chairman to sign the change order as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: Approved (3·0) Bruhn, Barnes· Absent r;~ ~ ) APPROVED () DENIED - () OTHER . Coordi nation/Sia natures County Attorney ( X) Originating Dept. ( ) ~y Mgt. & Budget (X) ff¡t{) r~\^f8¡ Other( ) Purchasing (X) ¡/ Other( ) finance: (check for copy, only if applicable)_ ~ / \w ....." MEMORANDUM CENTRAL SERVICES TO: Melissa SimberIund, Contracts Coordinator FROM: Paul Julin, Project Manager DATE: September 4,2003 SUBJECT: Coutract Change Order / Norment Security Group, mc. Please prepare a contract change order for contract #C02-07-561. Funds are increased due to need for additional conduit for future upgrades to j ail security. PROJECT: Rock Road Jail Funds available: 316-1940-562000-26001 Please return to this office for further processing. ~ )hfuIJulin (J) ...., -cJ a :-1 ....., r- "" ~ f1, C -0 ('") , c' I .' r<; ø ~ ;.~ , , :?: 0 ~'"~ ,.,.,.;;:00. c: ........"'" r;-;> --i -< CJ '-J PJ:ch att. ~ / '- CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) St. Lucie County - Rock Road Jail Correctional Facility - Security System ....J CHANGE ORDER NUMBER: NO.1 INITIATION DATE: 9/4/2003 TO (Contractor): Norment Security Group, Inc. 7255 Standard Drive Hanover, MD 21076 CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: C02-07-561 CONTRACT DATE 7/23/2002 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or changed) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 1,962,000.00 $ $ 1,962,000.00 $ 26,892.95 $ 1,988,892.95 (O)Days Funds Available: Account Number 316-1940-562000-26001 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Central Services St. Lucie County Department 2300 Virginia Ave., FI. Pierce, FL 34982 Address ArchitecUEngineer Address By Agreed To: Norment Security Group, Inc. Contractor Date By Authorized SI. Lucie County:2300 Virginia Ave... Ft. Pierce, FL 34982 7255 Standard Drive, Hanover, MD 21076 Address By Date Approved as to Form and Correctness: County Attorney By Date -- --,.~.,'-~ '- '-' JOB NAME. .REFERENCE. CONTRACTOR St. Lucie COL.;r,ty Oetretior. Facditi Future Housing Conduits Nonnent Security Group, Inc DA TE:S,25iC3 JOB NUMBER Sï82S1 CHANGE ORDER NO: NSG-05 DESCRIPTION I I I UNIT I COST I QTY I TOTAL I MATERIAL I Travel, Hotel & Meal Exnehses lot ! $450.00 1 $450.00 Material cost (Conduit, connectors, strut) Sub-Contractor lot $0.00 0 $ - See Attached Material List lot $9,764.64 1 $ 9.ï54.64 I Each $0.00 01 $- ! ach $0.00 01 $- I Each I $0.00 0 $- MATERIAL SUBTOTAL I I I I $10,214.64 115% Markun $1.532.20 I $11,746.84 , µBOR , Electricians Hr. $63.00 203 $12.ï89.00 Proiect Manaqement I I I Hr. $75.00 2 $150.00 'Proiect Enn;neerina I Proq/ammino I I Hr. $72.001 0 $0.00 Oraftina Hr. $35.00 ' 0 $0.00 !Field Installation-Norment Hr. $55.00 0 $0.00 ! I I I ! lot $000 0 SO.OO Subtotal , $12,939.00 115% Markup $1,940.85 I 'LABOR SUBTOTAL $14.879.85 , i , , ! i , OescrlDtion of Work I Ilnstall new conduit for future Communications 1 I , I I .Subtotal L & M $26,626.69, I Norment Bond IéìJ 1% $266.27 GRAND TOTAL $26,892.95 \- . ::/ IT~ NO. C-9Þ DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and sole source declaration for service and purchase of parts for certain County Equipment. This is for the Public Works Department, Solid Waste Division and Central Service Department, Service Garage. BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to Kelly Tractor for Caterpillar parts and service, L.B. Smith for Volvo and Samsung parts and service, Sierra International Machinery, LLC for MacPress balers and conveyors parts and service, Menzi USA for Menzi Muck parts and services and Great Southern Equipment for Gradall parts and services. Each of the vendors have protected territories from each manufacturer. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Oct 12,1999 BOCC approved bid waiver and sole source. Sept. 26, 2000 BOCC approved bid waiver and sole source. Oct 9, 2001 BOCC approved bid waiver and sole source. Oct 8, 20022001 BOCC approved bid waiver and sole source. RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the parts and services to Kelly Tractor for Caterpillar, L.B. Smith for Volvo and Samsung, Sierra International Machinery, LLC for MacPress balers and conveyors, Menzi USA for Menzi Muck and Great Southern Equipment for Gradall. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: CONCURRENCE: Approved (3-0) Bruhn, Bames - Absent ~ County Attorney:(X) ej/ ft ~ coordination/SiQnature, G --*- 01 11 Mgt. & Budget:(x) ! i' 1) Other: Purchasing Mgr.:(X) G/t Originating Dept Other: Finance: (Check for Copy only, if Applicable) --. ) ...... ..., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 03-092 - FROM: Ed Parker Purchasing Director Leo J. Cordeiro L:;Z:) Solid Waste Manager~ TO: DATE: September 11, 2003 RE: Kelly Tractor, L.B. Smith and Seirra Please agenda for Board approval the bid waiver and sole source declaration for Caterpillar to Kelly Tractor, Volvo to L. B. Smith and MacPress balers and conveyors to Sierra International Machinery, LLC for service and parts for fiscal year 03-04. Purchasing has done this for approximately the last 7 years. Please call if you have any questions. LJC:dls c: Don West, Public Works Director .. ! "'" "WI BOARD OF COUNTY COMMISSIONERS CENTRAL SERVICE SERVICE GARAGE Charles Padrick Fleet Manager MEMO To: Ed Parker, Purchasing Director From: Charles Padrick, Fleet Manager Date: September 16,2003 Re: Sole Source *********************************************************************************** We need the following vendors as sole source, because in case of repairs these are the only authorized Dealers. Kelly Tractor, for Caterpillar Menzi USA for Menzi Muck LB Smith for Samsung Great Southern Equipment for Gradall If any further information is needed, please let me know. JOHN D. BRUHN, DistrÙ;tNo. I . DOUG COWARD, District No. 2 . PAULAA. LEWIS, District No. 3 . FRANNIE HUTCHINSON, DistrictNo.4 . CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue· Fort Pierce, FL 34982-5652 . (561)-462-1700 . FAX (561) 462-1294 """ ITEM NO. C-9è DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Second Amendment to Contract No. C99-12-128 with Florida Rock Industries, Inc. BACKGROUND: On December 7, 1999 the Board of County Commissioners approved a three- year contract through September 30, 2002 with Florida Rock Industries, Inc., to supply coquina rock for the Road & Bridge Division. The contract allows for two (2) additional one-year renewal options at the same terms and conditions. The Board approved the first extension on August 13, 2002. Staff is now recommending that the Board authorize the second extension. FUNDS AVAilABLE: Account No: Transportation Trust Fund, Road & Bridge Maintenance, Road Materials: 101-4110-553200-400. Transportation Trust Fund, Road & Bridge Drainage, Road Materials: 101-4108-553200-400 PREVIOUS ACTION: On August 13, 2002 the Board of County Commissioners approved the first extension through September 30, 2003. RECOMMENDATION: Staff recommends approval of the second amendment to the contract with Florida Rock Industries, Inc., and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: Approved (3-0) Bruhn, Bames . Absent ~ RATOR ~ APPROVED () DENIED n OTHER Coordi nation/Sian atures Couniy Attorney ( X) Originating Dept. ( ) 11/ Mgt. & Budget (X) ~ Other( ) Purchasing (X) L Other( ) finance: (check for copy, only if applicable)_ .. ,-. ....., SECOND EXTENSION OF CONTRACT BETWEEN ST. LUCIE COUNTY AND FLORIDA ROCK INDUSTRIES, INC. THIS CONTRACT EXTENSION made this day of , 2003, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and FLORIDA ROCK INDUSTRIES, INC., or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on December 7, 1999 the parties entered into a Contract (the "Contract") whereby the Contractor agreed to sell and the County agreed to buy coquina rock (Rock) on an "as needed" basis for use by the St. Lucie County Road and Bridge Division; and WHEREAS, on August 13, 2002 the parties executed the first Contract Extension, extending the terms and condition 0 the Contract through and including September 30, 2003; and WHEREAS, the parties desire to exercise their second and final option to renew the Contract. NOW, THEREFORE, inconsideration of the premises and the mutual benefits which will accrue to the parties hereto in extending the Agreement, the term of the Agreement is hereby extended through and including September 30, 2004 on the same terms and conditions. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 1 '. \w ~ WITNESSES FLORIDA ROCK INDUSTRIES, INC. By: AUTHORIZED REPRESENTATIVE Print Name: Title: 2 ~ ~- ""'" ITEM NO. C-9d DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Invitation to Bid, IFB #03-70 Sale of Real Property at the Airport Industrial Park BACKGROUND: On August 23, 2003 IFB #03-070 was opened for the Sale of Real Property at the Airport Industrial Park. Five Hundred and Twenty-five (525) vendors were notified, eight (8) bid documents were distributed and three (3) responses were received. Staff recommends permi~sion to sell block 4, lots 16 and17, and block 6, lots 5, 7 and 8 to Arthur M. Hungerford III pending a Phase 1 environment audit at Mr. Hungerford's expense. Staff also recommends re-advertising blocks 1 and 2 based on a re-evaluation of the properties value. (See attached minimum bid requirement and memo) FUNDS AVAILABLE: To be deposited in Airport Funds .. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the award of IFB #D3-070 Sale of Real Property at the Airport Industrial Park, block 4, lots 16 and17, and block 6, lots 5, 7 and 8 to Arthur M. Hungerford III for $249,500 contingent upon successfully developing the property, Staff also recommends re- advertising blocks 1 and 2 based on a re-evaluation of the properties value, and authorization for the Chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: ~ APPROVED () DENIED ( ) OTHER CONCURRENCE: Approved (3-0) Bruhn, Barnes - Absent ~. Coordi nati on/Sicmatures County Attorney ( X ) .%/ ¡- Mgt. & Budget ( ) Other ( ) '"""","" {X! d- Other ( ) yet\) Originating Dept. ( ) finance: (check for copy, .only if applicable)_ .. .. '- St Lucie County INTEHNATIOM 1)n!'ptðf¡WårsITfréà -..I STAFF REPORT from St. Lucie County International Airport To: Ed Parker, Purchasing Director Paul A. Phillips, Airport Director September 3, 2003 Bid # 03-070 - Sale of Real Property at the Airport Industrial Park From: Date: Subject:' In the spring of2003, the Board granted pennission to advertise for the Sale of Real Property at the existing Airport Industrial Park. The sale was for various vacant lots that were still in the airport inventory in the existing Airport Industrial Park. However, after the completion of the recently updated Airport Master Plan, these lots were deemed surplus and not beneficial to future airport development. On July 23, 2003, the Purchasing Department accepted bids for the sale of real property at the existing Airport Industrial Park. Since five of the lot sales meet the minimum bid requirement, it would be the airport's recommendation that the Board granted pennission to sell block 4, lots 16, and 17, and block 6, lots 5, 7, and 8 to Arthur M. Hungerford, III for the amounts indicated in his bid However, Mr. Hungerford has requested the opportunity to withdraw from the purchase of a lot, if' that lot does not pass a Phase 1 environmental audit. The audits will be conducted at l'vIr. Hungerford's expense. Consistent with previous transactions in the existing Airport Industrial Park, we would like the sale of this property to be contingent upon successfully developing the property. Is our desire that property be used for the creation of jobs for taxable buiidings and not be held for future land speculation. Since the bid for blocks 1 and 2 did not meet the minimum bid requirement, it would be my recommendation that these properties be readvertised based on a re-evaluation of the properties value. If you have any questions or require any additional infonnation, please do not hesitate to contact me. , \.,. "WI Minimum Bid Bid Block 1, Lots 8, 9, 10, 11, 12 and 13 $175,000.00 Block 2, Lots 8, 9 and 10 $90,000.00 Block 4, Lot 16 $47,500.00 Block 4, Lot 17 $47,500.00 Block 6, Lot 5 $47,500.00 Block 6, Lot 7 $47,500.00 Block 6, Lot 8 $47,500.00 5% Bid Security Amount: BIDDER'S ACKNOWLEDGMENT The Bidder understands that information contained in this Bid Form is to be relied npon by St. Lucie County in awarding the specified Bid, and such information is warranted by the Bidder to be true. Bidder understands that the County has the right to verify the information submitted and to seek any additional information relating to the Bidder's qualifications. The discovery of any misstatement, which, in the sole opinion of the County, materially affects the Bidder's qualifications to perform shall cause the Board to reject the Bid, and if after the award, to cancel the sale agreement. Bidder or Authorized Representative Typed Name Date 13 \w . Z Z Z '" C C C ~ s: s: s: "- tD tD tD '" m m m 3 ;xl ;xl ;xl OJ :J 0 0 0 "- "T1 "T1 "T1 en tD tD (") - OJ 0 ~ 0 0 ¡.., en 0 s: 0 -c 3 ;xl 0 » m (") Z 0 c m s: m <: m en m Z Z 0 ~ 0 en ~ 0 5 ¡¡¡ m ~ 0 2 . tD C ~ m 0 . ~ 01 '" '" '" 01 """ OJ OJ OJ OJ OJ OJ OJ r r r r r r r 0 0 0 0 0 0 0 (') (') (') (') (') (') (') ;;¡;; ;;¡;; ;;¡;; ;;¡;; ;;¡;; ;;¡;; ;;¡;; 0) 0) .0) .~ .~ N .... - r r r r r r r 0 0 0 0 0 0 0 0 m CJ -I -I -I -I -I -I -I (') OJ ...... 01 .... ..... CJ CJ ;:tJ ...... 0) OJ .OJ "'C ìo ~ ::! .... .... 0 0 0 .... z .... .... 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C-9E DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Permission to advertise Request for Proposal for a Baseball Training Facility to be located at the Lawnwood Sports Complex. BACKGROUND: To solicit proposals for a Baseball Training Facility to be located at the lawnwood Sports Complex. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Request for Proposal for Baseball Training Facility to be located at the Lawnwood Sports Complex. COMMISSION ACTION: ~ APPROVED () DENIED \ ) OTHER CONCURRENCE: Approved (3-0) Bruhn, Barnes - Absent Coordinatio n/Sitmatures County Attorney ( X) v~ Mgt. & Budget ( ) Other( ) Purchasing (X) d- Other( ) Originating Depi. ( ) finance: (check for copy, only if applicable)_ , ""\ \.. ..." Parks and Recreation Department ." Memorandum To: Ed Parker, Purchasing Director From: Linda Brown, Assistant Director Subject: Baseball Training Facility Proposal Date: September 11, 2003 We would like to proceed with a Request for Proposal for a Baseball Training Facility to be located at the Lawnwood Sports Complex. The scope of services has been provided to your department. LB:emw cc: P. Keogh, Director R. Totten, Senior Buyer Chron File - ,... IT~ NO. C-9 P DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: First Agreement Extension to Bid #02-028, Purchase of Bailing Wire BACKGROUND: On January 16, 2002 the Board of County Commissioners approved the award of Bid #02-028, Purchasing of Bailing Wire through September 30, 2003. This bid was issued as a "Spot Market Purchase" request, which due to the volatile pricing of steel does not lock a vendor to a set price for the term of the contract. Awarded vendors would be requested to submit facsimile price quotations (Spot Market Pricing) for Bailing Wiring as needed by the Bailing Facility. Failure by the vendor to respond to two (2) consecutive requests for quotation will be cause for them to be removed for the remainder of the contract period. The bid allows for two (2) additional one-year terms. The Solid Waste Division is recommending the First Agreement Extension of Bid #02-028, Purchase of Bailing Wire to Cavert Wire Company, Apex Pinnacle, and l&P Wire-Tie Systems. FUNDS AVAilABLE: Solid Operating Supplies Account No: 401-3410-552000-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the First Agreement Extension to Bid #02- 028, Purchase of Bailing Wire to Cavert Wire Company, Apex pinnacle and l&P Wire-Tie Systems. COMMISSION ACTION: CONCURRENCE: Approved (3-0) Bruhn, Barnes· Absent ~ OC) APPROVED () DENIED ( ) OTHER Coord inationlSiQ natures County Attorney ( X) l~/ Mgt. & Budget (X) JI(,--,f,1MÇ~ Purchasing (X) !it.- Other ( ) Other ( ) Originaiing Dept. ( ) finance: (check for copy, only if applicable)_ . I '-' -...I PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 03-083 FROM: Melissa Simberlund Contracts Coordinator Leo J. Cordeiro ~ Solid Waste ManagerC:---- TO: DATE: August 12, 2003 RE: Agreement Extension Please take the necessary steps to extend the following Agreement as per the terms: Baling Wire Bid #02-028 First option on two-one year terms The Baling Wire Bid was awarded to all bidders that met specifications. Originally there were five bidders. As per bid specifications, if a bidder does not respond to a request for quote two consecutive times we no longer submit a request to that vendor. This has happened with two of the vendors. The vendors remaining are, Cavert Wire Company, Apex Pinnacle and L & P Wire-Tie Systems, This Agreement expires 9/30/03. Please call if you have any questions. . c::> w Thank you. -~ = = UC:dls >--' w C: Ron Roberts, Assistant Solid Waste Manager Susan Laventure, Department Revenue Coordinator v ::3 N J: 1-" ~ \or ....." BID AWARD FORM Department: Solid Waste Bid #: 02-028. Purchase Balina Wire Following is the list of the vendors who responded to the above referenced bid. The contract was awarded to all five (5) vendors. This bid was for "Spot Market Pricing." Listed Is the contact information for each vendor, which includes the contact name for Requests for Quotations. Vendor #1 Cavert Wire Company, Inc. Tim A. Jennings, General Manager 349 Palton Drive, S.w. Atlanta, GA 30336 Phone: (800) 346-3096 Fax: (404) 691-5552 Vendor #2 Apex Pinnacle Becky Wright, Sales Agent P.O. Box 449,16 Canal Street Port Crane, NY 13833 Phone: (607) 648-5889, ext. 202 Fax: (607) 648-5172 Vendor #3 L & P Wire-Tie Systems Thomas L. Backes, General Sales Manager 635 East Central Carthage, MO 64836 Phone: (417) 358-8322 Fax: (417) 358-6359 Vendor #4 Vendor #5 , IT't..IIf NO. C-~ DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: First Extension to Contract No. COO-07-442 with Natures Keeper, Inc. BACKGROUND: 0 n July 11, 2000 t he Board of County Commissioners a pproved a three-year contract through September 30, 2003 with Natures Keeper, Inc., to install Bahia sod at the St. Lucie County Glades Road Landfill. The contract allows for two (2) additional one-year extensions at the same terms and conditions. Staff is now recommending that the Board authorize the first extension. FUNDS AVAILABLE: Grounds Maintenance Account No: 401-3410-546300-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the first extension to the contract with Natures Keeper, Inc., and authorization for the Chairman to sign the extension as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~) APPROVED () DENIED ( ) OTHER Approved (3-0) Bruhn, Barnes - Absent þl TRATOR Coord ination/Sianatures County Attorney ( X) Originating Dept. ( ) Jy M9'· & "dO" (X) ~1Y!?j '""...." (X) JilL Other ( ) Other ( ) finance: (check for copy, only if applicable)_ . '- '-' . MEMORANDUM 03-082 PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION TO: Melissa Simberlund Contracts Coordinator Leo J. Cordeiro ~ Solid Waste Manager C:::--. FROM: DATE: August 11, 2003 RE: Contract Extension Please take the necessary steps to extend the following Contract as per the terms: Natures Keeper COO-07-442 First option on two-one year terms Please call if you have any questions. Thank you. UC:dls C: Ron Roberts, Assistant Solid Waste Manager Susan Laventure, Department Revenue Coordinator . => .:;..::J -...... = = t-' W --c ::3 N -'= t-' . '- .."" . CONTRACT EXTENSION BETWEEN ST. LUCIE COUNTY AND NATURE'S KEEPER, INC. THIS CONTRACT EXTENSION made this day of , 2003, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and NATURE'S KEEPER, INC., or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on July 11, 2000 the parties entered into a Contract (the "Contract") whereby the Contractor agreed to install Bahia sod at the St. Lucie County Glades Road Landfill on an as needed basis; and WHEREAS, the parties desire to exercise their first option to renew the Contract. NOW, THEREFORE, inconsideration of the premises and the mutual benefits which will accrue to the parties hereto in extending the Agreement, the term of the Agreement is hereby extended through and including September 30,2004 on the same terms and conditions. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES NATURE'S KEEPER, INC. By: AUTHORIZED REPRESENTATIVE Print Name: Title: 1 ì ~. .."" ITEM NO. C-9H DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Permission to advertise Request for Qualification for the Holiday Festival Event at the St. Lucie County Fairgrounds, Equestrian, Event Center. BACKGROUND: To solicit qualified vendors to present a Holiday Festival Event at the St. Lucie County Fairgrounds, Equestrian, Event Center. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Request for Qualification for the Holiday Festival Event at the St. Lucie County Fairgrounds, Equestrian, Event Center. COMMISSION ACTION: (~APPROVED () DENIED ( f OTHER CONCURRENCE: Approved (3-0) Bruhn, Barnes· Absent ~rr TOR Coordinatio nlS ia natures County Atiorney ( X) Originating Dept. ( ) ,_7/ Mgt. & Budget ( ) Other( ) Purchasing (X) d~ Other( ) finance: (check for copy, only if applicable)_ " ""' ...", Parks and Recreation Department IÞ-"'·-",_,~,:~ Memorandum To: Ed Parker, Purchasing Director From: Linda Brown, Assistant Director Subject: RFQ - To Provide A Holiday Festival Event Date: September 11, 2003 We would like to proceed with a Request for Qualification to provide a Holiday Festival Event at the St. Lucie County Fairgrounds, Equestrian, Event Center, Qualification criteria has been provided to your office. LB:emw cc: p, Keogh, Director R. Totten, Senior Buyer Chron File , .",.I t ITEM NO. C- '1 DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Award Invitation to Bid, IFB #03-074, Temporary Personnel Services. BACKGROUND: On August 13, 2003 IFB #03-074 was opened for Temporary Personnel Services. Two hundred and ninety-nine (299) vendors were notified, eighteen (18) bid documents were distributed and ten (10) responses were received. Staff recommends award to the lowest responsive and responsible bidder Treasure Coast Staffing. (See attached memo) FUNDS AVAilABLE: Various department accounts. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the award of IFB #03-074 Temporary Personnel Services to Treasure Coast Staffing and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED () DENIED 00 OTHER Pulled Prior to Meeting fr, RATOR CoordinationlS iQnatures County Attorney ( X ) % Mgt. & Budget (X ) ~~ V¡¡1r\/~ Purchasing (X) ~ Other ( ) Other ( ) Originating Dept. ( ) finance: (check for copy, only if applicable)_ ..... BOARD OF COUNTY \. COMMISSIONERS ~ PURCHASING DEPARTMENT Edward Parker Director MEMORANDUM To: Board of County Commissioners . ~ ¡¡J Ed Parker, Purchasing Director & f From: Date: September 17, 2003 Re: Invitation for Bid #03-074 - Temporary Personnel Services ****************************************************************************** The bid submitted by Academy Design, Margate, FL is declared non-responsive by failing to meet our bid requirement of facility location and hours of operation from a pennanent place of business in St. Lucie County, FL. I concur with Human Resources' Staff in recommending award to the lowest responsive and responsible bidder, Treasure Coast Staffing for both clerical and labor positions. EP:mc JOHN D. BRUHN, District No.1· DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. FRAN~IE HUTCHINSON", District NO.4. CLIFF BARNES, District No. S County Administrator - Douglas M. Anderson 2300 Virginia Avenue. Fort Pierce, FL 34982-5652 . (772)-462-1700 . FAX (772) 462-1294 ..... ~ . HUMAN RESOURCES MEMORANDUM FROM: Edward Parker Purchasing Director ~~ cart'ffOlêVà /. Human Resources Director TO: DATE: September 15, 2003 SUBJECT: Bid 03-074 - Temporary Personnel Services After careful review of the tab sheet provided by your department, it is my recommendation we award the the bid to low bidder Treasure Coast Staffing for the clerical at 1.30 and 1.34 for maintenance workers, custodians and concession-workers and 1.25 for event staff I. Treasure Coast Staffing supplies services to the City of Port St. Lucie, City of Fort Pierce, Florida Recycling and Mueller Plastics. In checking their references, they received excellent recommendations. Treasure Coast Staffing is located in Port St. Lucie. Please proceed to schedule a BOCC agenda for approval effective Oct. 2, 2003. CHImp c.n """'-J :-I ê "1:.' ::-: ¡ ""'" -'.; c: t;j '- ~. ....' 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'" 0 - - - ~ " ~~ ~ ~ ~ ... ... ... e ~ > w w w 0 0 ~ _m '" '" ~ ~ > 0 . -< "' ~ õ 0 - ~ ~ Z Z Z ~ .. .. .. m ¡; ¡; ]JI > ~ ~ '" 0 '" " ,.. -< '" n w ,.. '" 0 - - - ~ ~ ~ N ¡¡ ¡¡ ¡¡ ... i<: ... ... e "' . 0 0 n ~ œ jñ ~ z ~ " ~ " ~ ,.. '" ~ - N ,.. !( 0 Z Z Z Z Z ~ 11 ~ '" ~ ¡; ¡; ¡; ¡; ¡; . m -< " " e 0 '" .m < ñ ~ m ~ œ " 0 '" -< m " c: m '" m " " 0 z ". " m m ;z 0 Z !':' '" ~ '" > m " ". '" '" m c: 0 -< ¡¡; '" c: " c: '" m -< '" 0 '" :I: -< m '" m '" 0 " _w Z Z c: ~ m ~ 0 ~ ~ 0 w '" " @ m !( '" ~ < z ¡.; ñ " 0 m " '" ~ " 0 -< 0 '" " m '" '" 0 c: '" ID 0 ~ ". '" ID C c: 0 '" \: " :-' -< " r Õ 0 c: z c: " '" Z ¡¡; :I: ::;1 " m m " 0 -< 0 c: " Z ID ::;1 Õ " .. iñ 0 (JJ 'f Õ 0 ~ z m '" (JJ ~ ..... ITE~O. C-9j DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Award of IFB #03-075, Purchase of a Vertical Platform Truck. BACKGROUND: On September 17, 2003 IFB #03-075 was opened for the Purchase of a Vertical Platform Truck for the Road & Bridge Division. Four hundred (400) vendors were notified, thirty-one (31) bid documents were distributed and one (1) response was received. Based on staff review of the bid, we recommend award to Stamm Manufacturing for a total amount of $84,428.00. See Attached FUNDS AVAILABLE: Account #1 01-411 0-564000-400 - Capital Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the award of IFB #03-075 Purchase of a Vertical Platform Truck to Stamm Manufacturing for a total amount of $84,428.00 to fill equipment item, EQ #03-144, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: ~~) APPROVED () DENIED ( ) OTHER CONCURRENCE: Approved (3-0) Bruhn, Barnes - Absent c. _ DO G T I/tCOUN TRATOR Coord ¡nation/Sian atures County Atiorney ( X ) Originating Dept. ( ) ,;/~ (A£ rì/}vvfq¡ M9t.&BUdget(X~1 Other( ) Purchasing (X) eJl Other ( ) finance: (check for copy, only if applicable)_ · '. \,.. ...., BID # 03-075 PURCHASE OF A VERTICAL LIFT PLATFORM TRUCK BID FORM All bids must be submitted in a sealed envelope addressed to the S1. Lucie County Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date, and time of bid opening. The undersigned further declares that he has carefully examined the specifications and is thoroughly familiar with their provisions and penalties. I John Stamm , REPRESENTING Stamm Manufacturing Company and/or Corporation, agree to sell, A TR 4 1 N the net delivered price of: $ 7 6 , 35 3 . 00 as specified and proposed for Each Truck Model proposed: F-550 Diesel Equipment Model proposed: Estimated Delivery interval ARO 60 days ATR 4lN 1 2 3) Cost 900.00 500.00 4 5 6 7 8 9 10 11 artment 1,800.00 4 000.00 3,:500.00 550.00 175.00 350.00 600.00 750.00 4,500.00 375.00 3,550.00 4,350.00 Curb weight of unit as proposed: Front Axle: 5294 Rear Axle: 7 1 6 0 03-075 - Purchase of a Vertical Platform Lift Truck. 17 . '- . z z z CD c c c .., š: š: š: c. tII tII tII CD m m m 3 ;tI ;tI ;tI III ::I 0 0 0 C. "'11 "'11 "'11 (II !E !E C') - III 0 .., c c ¡., CJ) c š: 0 "IJ 3 ;tI 0 > m C') z C') c m š: m <: m CJ) m z z !=? -t 0 CJ) ::! c :!! ¡jj m -t c æ .~ tII C -t m c .~ .... w .... .>, o o "'11 en ~> ~s: ffiS: ~s: 1"» "'I1Z r-c:: < "T1 m » z 0 0 -I 0 c:: ;;0 ~ z Q -fit OJ ....a » Ø) W en UI m w OJ 0 - 0 0 -....I 0 ""D ""D ""D ::e: c:: m I ;;0 Z 0 m ;;0 :I: 0 0 l;; » en 0 m m 20 0 ""D OJ "T1 -I » m ~ s: 0 < OJ Q m m m ~ ;;0 .... 0 ....a » r N !: 0 0 "T1 W -I @ ""D OJ r N ~ -10 0 »» 0 "T1 OJ;;o ""D 0 C::O s: ;;0 rO s: ~"T1en -I -0-1 ;;0 o . c:: ZOr 0 C::C:: " enzo :I:~- m m moO -100 's:C:: OJs:z o-~ =t:I:en o~ wO 6z ....am UI;;o en '- -.I Page i Edward Parker - Fwd: Bucket Truck Bid From: To: Date: Subject: CC: Dewey Hudman Edward Parker 9/17/20033:14 PM Fwd: Bucket Truck Bid Donald Pauley; Gordon Joyner; Maryann Collins; Tammy Murphy -~-~-~ -~~-,-~,- ~,._...-,~.__._~~~,-,,_._.._~~ Scott said to go ahead with the purchase with the options listed. Total cost will be $84,428.00. Thanks for your help. Let me know if you need anything else. You should have a copy of the Equipment Request. If you want another copy, I can attach one. Dewey Hudman Asst. Road & Bridge Mgr. 772-462-2802 file:/IC:\Docurnents%20and%20Settingslparkere\Local%20SettingslTemplGW} 0000 1.HTM 9' ¡ '¡ 2 "J.' '- ~ Page I 0 f 1 Edward Parker - Bucket Truck Bid ~1~W;¡¡:t2S!¿:'iU.';"~ From: To: Date: Subject: CC: Dewey Hudman Gordon Joyner; Scott Herring 9/17/2003 3:02 PM Bucket Truck Bid Donald Pauley --~~-'"~~~-"~ ,.---- ~."-~".~."......,,--,-, Don and I went to the bid opening today. Only one bid submitted and that was by Stamm Mfg. Ford F-550 Truck w/Diesel engine. Options: Insulated boom Beacon light on cab 2 strobe lights 4WD $76,353.00 Total cost with options 4,000.00 175.00 350.00 3,550.00 $84,428.00 We have in the budget $70,000 for this truck. When our budget was prepared, we were looking to replace our existing truck with something similar. While searching for various bids to piggy back, we found a better designed lift. It had a 3' x 5' platform to support two workers. We feel this will provide a safer working environment for our crews. There is over $94,000 total dollars ieft in our Capital equipment budget (101-4110-564000-400), $70,000 of th'c reserved for this equipment item. Don and I recommend we purchase this vehicle for $84,428 to fill equipment item EQ03-144 using the extra fu nds from previous savings. file:! !C:\Documents%20and%20SettingslparkereILocal%20Settingsl TemplGW} 00002 .HTM 9! 17/2 C03 m D c " s: m z -i ;%J m D 'Ot '- rT1 o <:> w , -- ... ... » () () o c Z -i Z C s: OJ m ?? -- <:> -- , ... -- -- <:> , '" en ... <:> <:> <:> , ... <:> <:> <: ... :;; .. 3 o 0:: '" - Š' :;! .. ... ~~ õ' ê: '" OJ !!. 0:: .... " --"'" .'" ~ ... :;t '" 0:: '" " :;; "'" :::: -. -$; 0- ... ... ;¡ OJ (;" ~. ~ ¡¡;"'O o-¡¡; (õ~ à' ª 3 :;t 'tI 0:: ;¡¡ " <:~ õ' 0 0:: ... 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"" õ: CD ~o ...... 2: ëa <::) 2 a "0 0 () '"0 ë) <::) "'" a " ª. ~. 0- ~ '" ~ ãr () C/) ... 3 :J 0 '" - :J ~ ~ 2' :::.: õ: ::: C') Q) - "'" en 2t ::r :E Q CJ CD :::: -. 0:: 0- ::r ;r Q.. 0 Q) t:r õ' 0 <e:: ..., :J 3 ... <:: :;; " ]' ~ §: g ""' '" ã a ::5 g¡ñ~~ ... Q. '" 0 i£ :;J f* ~ ~ ;;;. 'tJ 0 ~ '" Qj 'tJ S. (t C') CD '1.1 ::r CD õJ " (=), 0.. ...... (5' <D :1' Q ~ "" Ci)' <- c CJ :::! " () » -i Õ Z I J. B o c c;¡ " m s: -i m » z s: ::f o c z ::f .... ,c; <:> <:> <:> - z m ~ ;%J m " r- » () m s: m z ::f )¡ rT1 ;:!1 :t> () ~ -t :t> ~ þ ,.... [J c: (") " rT1 -t ;¡j c: (") " o ~ CJ õ z .. )¡ o :t> I:J Po CIJ )¡ a G) rT1 I ~ 'Z ñi ~ <: (") rT1 » " " ;%J o < m o iTÍ (¡) . o m " » ;%J -i s: m z ::f /' ç "tJ c: [J ,.... õ ~ )¡ " (¡) ;%J m C') o s: s: m z o m o C/) -i m;" Dc:: SC') ïJ- ;š:m mC') zO -iC:: ;CJZ m-i D-< c::CJ mOC/):Þ -i;CJ "TIt:! 00 ;CJ"TI "TIC') 000 C')c:: :Þz r-i -<-< m(") :ÞO ;CJ;š: N;š: 0_ oC/) NC/) , - NO gz wm ;CJ C/) f-- iTÍ (¡) / -- "- 'wi AGENDA REOUEST ITEM NO. e- 9/::.: DATE: September 23, 2003 REVISED REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Purchasing Director Ed Parker Purchasing Director SUBJECT: Resolution No. 03-253 - Amending the St. Lucie County Manual of Purchasing Regulations by Changing Section 18 (Fixed Assets) to Section 18 (Capital Assets) in Order to Comply with the Request of the Auditors to Include Land, Building and Improvements in the Purchasing Manual Under Capital Assets. BACKGROUND: Please see attached Memorandum. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 03-253 as drafted. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [] DENIED [ ] OTHER: Approved (3-0) ~ Bruhn, Bames - Absent County Attorney: fJ¿ Review and ADDrovals Management & Budget Purchasing 6// Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 · ~ ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Ed Parker, Purchasing Director C.A. NO: 03-1304 DATE: September 16, 2003 SUBJECT: Resolution No. 03-253 BACKGROUND: On October 7, 1985, the Board adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St_ Lucie County Manual of Purchasing Regulations and Procedures (the Purchasing Manual) and since that date the Purchasing Manual has been amended from time to time, most recently by Resolution No. 02-08. In order to comply with the request of the Auditors, it is necessary to amend the Purchasing Manual by changing Section 18 (Fixed Assets) to include land, building and improvements in the Purchasing Manual under Section 18 (Capital Assets). The attached Resolution No. 03-253 has been drafted for that purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 03-253 as drafted. EP/cac Attachment "- "" RESOLUTION NO. 03-253 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY CHANGING SECTION 18 (FIXED ASSETS) TO SECTION 18 (CAPITAL ASSETS) IN ORDER TO COMPLY WITH THE REQUEST OF THE AUDITORS TO INCLUDE LAND, BUILDING AND IMPROVEMENTS IN THE PURCHASING MANUAL UNDER CAPITAL ASSETS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 7, 1985, the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual") and since that date the Purchasing Manual has been amended from time to time, most recently by Resolution No. 02-08. 2. In order to comply with the request of the County's external Auditors, it is necessary to amend the purchasing Manual by changing Section 18 (Fixed Assets) to include Land, Building and Improvements in the Purchasing Manual under a newly titled Section 18 (Capital Assets) . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations and Procedures is hereby amended as shown in the attached Exhibit "A". \p. ...", 2. This resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: Chairman Cliff Barnes XX Vice-Chairman Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX Commissioner John D. Bruhn XX PASSED AND DULY ADOPTED this 23rd day of September, 2003_ ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY \..- -..I EXHIBIT "A" SECTION 18 -R*EÐ CAPITAL ASSETS 18.1 COUNTY OWNED PERSONAL PROPERTY All equipment not incorporated into a facility and in excess of the threshold $750.00 (established by Section 274.02, Florida StaIutes) is considered tangible personal property. AJlland. buildinq. and improvements are considered real property. All 5urchases of Both Tangible Personai Property and real property are considered capital assets and purchases of these tvpes of items will be approved by the Board of County Commissioners. 18.2 PROCEDURE FOR ACQUISITION OF PCRSONAl PROPCRTY CAPITAL ASSETS All purchases will follow the procedures outlined: A. After a department determines a need for a 5iecc of ee¡~ipn ,6nI tnat is considered Tangible rersGnal rrô5er~ capitai asset, they will obtain approval to purchase the item during the annual budget preparation or at a Board of County Commissioners public meeting. The Requesting Department shall request the assistance of the Purchasing Department to establish a budget for the item. 1. Information Technology may purchase Tangible Personal Property as approved by the Board of County Commissioners. B. After Board approval is obtained, the Requesting Department will enter a requisition into the computer system and forward a hard copy to the Purchasing Department with the required authorization. The requisition shall contain a detailed description of the item, Equipment Request number assigned by OMB (if applicable) and the date of Board approval. C. If a piece of ee¡~i5rnent the capital asset increases in cost after budgeting approval by the Board, the Department may purchase the 5iece ôf ee¡~ipmcnt asset with County Administrator approval provided that the ee¡~ipfflent cost does not exceed the Department's ee¡uipment capital asset budget. In addition. 'fjhe Purchasing Director shall provide quarteriy reports (Equipment QD]yl to the Board and the County Administrator if any equipment is purchased over the budgeted amount. The purchase of -ª new ee¡~i5ment capital asset over $750.00 that has not received Board budgetary approval shall require Board approval before purchase. D. After receiving tile a personal property item, the Requesting Department will send the invoice (with payment authorization), receiving copy of the Purchase Order, Property Acquisition/Dispositionffransfer Form and a copy of Board approval to the Finance Department (Equipment onlv). The Fbœd Capital Assets Custodian (Purchasinq Department) will place an inventory tag on all Tangible Personal Property. E. Annually the Fbœd Capital Assets Custodian (Purchasinq Department) will physically inventory all Tangible Personal Property, update the inventory (transfers and purchases) and dispose of surplus property in accordance with current state and local laws. Real property will be inventoried as outlined in procedures established bv the Finance Department. F. Donated property with a value in excess of $750.00 will be included in the requirements of this Section. Stwck tlliUUgl, passages are deleted. Underlined passages are added. ~ ......, 18.3 PROCEDURE FOR THE TRANSFER OF PCRSONAL PROPCRTY CAPITAL ASSETS All transfers of Tal ,gibl¡; r¡;rs6Ral rr63crty capital assets between departments must be approved by the County Administrator or his designee. Transfers within a department must be approved by the Department Director. A. All transfers of tanqible personal propertv must be submitted to Ihe Purchasing Department and all transfers of real propertv must be submitted to the Office of Manaqement and Budqet (OM B), on a Property Acquisition/Disposition/Transfer Form with the proper authorization. 18.4 PROCEDURE FOR THE DISPOSITION OF PCRSONAL PROPCRTY CAPITAL ASSETS Before an item of tangible personal property is removed from service, the Purchasing Department musI be notified of the Department's desire to dispose of the item. Purchasing will instruct the Requesting Department on where to deliver the equipment. Before a real propertv item Is removed from service. OMB must be notified of the Department's desire to dispose of the item. At that time. OMB will provide further Instructions to the requestinq department. All dispositions of rcr3ðMBI rl ð3ert) capital assets must be approved by the Department Director. A. All dispositions of tangible personal property must be submitted to the Purchasing Department and all dispositions of real propertv must be submitted to OMB. on a Property Acquisition/DispositionlTransfer Form with the proper authorization. B. The Purchasing Department and/or OMB will attempt to find another department with a need for the items to be disposed of prior to removing the item from the ~ Capital Asset Inventory. C. The Purchasing Department and/or OMS will seek approval from the Board of County Commissioners to remove the item from the ~ Capital Asset Inventory if the item cannot be utilized elsewhere in the County. D. The item will be disposed of in accordance with Section 274.06, Florida Statutes. E. Tangibie personal property and real propertv paid for by a grant must require special treatment for transfers and disposition. The user department is responsible to insure that these items are handled in the proper manner. 18.5 PROPERTY LESS THAN $750.00 It is the duty and responsibiliIy for all departments to retain a record of all items purchased thaI cost between $50.00 and $750.00. A copy of this record is to be sent to the Purchasing Department. At the end of each Fiscal Year, the list is to be physically verified and the additions, deletions, or missing items are to be recorded. A copy of this physical inventory, along with an explanation of any discrepancy is to be sent to the Purchasing Department. 18.6 ASSET CAPITALIZATION GUIDELINES These guidelines are being provided to assist management when making the determination between which asset related expenditures are/are not recommended to be capitalized in accordance with governing laws, rules and regulations. The following guidelines, except where noted, apply equally to both Governmental Funds (funds that start with the #001, 1, 2, 3 or 6) and Proprietary Funds (funds that start with the #4 or 5). Definitions are provided as needed. S',,,,Gk tlu 0 tlgh passages are deleted. Underlined passages are added. \w ...., A. New Assets - Consistent with the threshold limit set forth in Chapter 274.02(1) F.S. and addressed in Section 18.1 of this Purchasing Manual, costs of $750.00 or more incurred to acquire assets or to make assets ready for their intended use should be capitalized. B. Additions - Non-transitory additions to previously capitalized assets that meet the capitalization requiremenIs of 18.6 (A) above, should be capitalized as add-on's to the existing asseUproperty record. However, transitory additions 10 previous capitalized assets that meet the capitalizaIion requirements of 18.6(A) above, should be capitalized as a separate asseUproperty record. C. Replacements - The cost to replace an entire asset in a Proprietary Fund should be capitalized if it meets the capitalization requirements of 18.6(A) above, old costs are removed and new costs are capitalized. The replacement cost of add-ons or major components, for Proprietary Funds, are recommended for capitalization if they meet the capitalization requirements above and at least one of the following criteria: 1 . Extend the useful life of an asset 2. Increase the quantity of services provided by an asset 3. Increase the quality of services provided by an asset. Two methods are recommended to recognize these costs: 1. Substitution Method - remove the old costs and associated accumulated depreciation and replace with the new. 2. Capitalization of New Cost Method - The new costs are capitalized to the original asset account without removing the old costs. This method may be appropriate when it is reasonable to assume that the original cost has been reduced to an insignificant amount through depreciation charges. In practice, this method is used when original component costs are indeterm inable. The cost to replace an entire asset in a Governmental Fund should be capitalized if it meets the capitalization requirements above, old costs are removed and new costs are capitalized. However, replacement costs for add-on's or major components should be treated as non-capital expenditures, unless the costs significantiy impact~ the carrying vaiue of the asset. In this case, remove the old cost associated with the add-on or major component being replaced and capitalize the new cost provided the new cost meets the capitalization requirements above. D. Repairs & Maintenance - Costs that are associated with repairs and maintenance (i.e. lubrieatiol" eleaMiMg rcpleeaMH:nt of minel þefÌ5, paiMting, ¡;ta) dredqinq. resurfacinq. beach renourishment. utilities fieldwork) are not recommended for capitalization. However, major repairs that provide additional service benefits for future periods are recommended for capitalization in Proprietary Funds, if they meet the capitalization requirements of 18.6 (A) above. E. OVERViEW OF CAPITALIZATION GUIDELINES: Gov!. Fund Accts. Proprietary Fund Accts. 56XXXX New Asset Costs (If $750.00 or more) 56XXXXX 56XXXX Cost of Additions (If $750.00 or more) Perm. - Add-on 56XXXX S(w,,1. tluo,,¡:;h passages are deleted. Underlined passages are added. \- .., Non-Perm - Sep. Asset 5XXXXX Replacement cost of Add-on Non - Cap. # or Major Component (If $750.00 or more) 56XXXX 56XXXX Cost to Replacement Asset 56XXXX Note: Accl. #s that start with 56 are capital expenditures. If the 2nd digit is anything other than a 6, the expenditure is non-capital. 18.7 MODULAR FURNITURE This section has been added to provide additional guidance as it specifically relates to modular furniture. However, the guidelines established in Section 18.6 (Asset Capitalization) of this Purchasing Manual also apply. A. In accordance with Auditor General recommendations, it is recommended that modular furniture be capitalized as part of the building when It is management's intent to have it permanently installed. B. When this Is not the case, it should be capitalized as equipment and furniture, by Individual unit or by 101. 18.8 HARDWARE COSTS Capitalization guidelines are set forth in Section 18.6 (Asset Capitalization) of this Purchasing Manual. A. This section has been added to provide additional guidance as it specifically relates to computer hardware. COMPUTER HARDWARE CAPITALIZATION: Govl. Fund Accts. 564000 New Equipment (If $750.00 or more) Proprietary Fund Accts. 564000 564000 Cost of Additions/Upgrades (If $750.00 or more) Perm. - Add-on Non-Perm - Sep. Asset 564000 551501 Cost of Additions (If Less than $750.00) 551501 551501 ReplacemenVUpgrade of Add-on or Major Component (If $750.00 or more) 564000 564000 Cost to Replacement Asset 564000 B. Disposition of Computer Hardware - The procedures for the disposition of County property are addressed and should be followed as outlined in Section 18.4 of this Purchasing Manual. Sit '"',,]... <luv,",¡;l, passages are deleted. Underlined passages are added. '\00, "- ....." AGENDA REOUEST ITEM NO. (!- 9 K DATE: September 23, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Purchasing Director Ed Parker Purchasing Director SUBJECT: Resolution No. 03-253 - Amending the St. Lucie County Manual of Purchasing Regulations by Changing Section 18 (Fixed Assets) to Section 18 (Capital Assets) in Order to Comply with the Request ofthe Auditors to Include Land, Building and Improvements in the Purchasing Manual Under Capital Assets. BACKGROUND: Please see attached Memorandum. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staffrecornmends that the Board adopt the attached Resolution No. 03-253 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: Douglas Anderson County Administrator County Attorney: $;1/ Review and AÐDrovals Management & Budget Purchasing Originating Dept. Other: Other: pinance: (Check for Copy only, if applicable)___ Eff. 5/96 11>; ~ ..."" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Ed Parker, Purchasing Director C.A. NO: 03-1304 DATE: September 16, 2003 SUBJECT: Resolution No. 03-253 BACKGROUND: On October 7, 1985, the Board adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the Purchasing Manual) and since that date the Purchasing Manual has been amended from time to time, most recently by Resolution No. 02-08. In order to comply with the request of the Auditors, it is necessary to amend the Purchasing Manual by changing Section 18 (Fixed Assets) to include land, building and improvements in the Purchasing Manual under Section 18 (Capital Assets). The attached Resolution No. 03-253 has been drafted for that purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 03-253 as drafted. EP/cac Attachment AGENDA REOUEST "'" ITEM NO. C -lOA DATE: Sept. 23, 2003 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie Gouin Director, Management and Budget SUBMITTED BY: SUBJECT: BACKGROUND: Office of Management and Budget Approval of Equipment Request Numbers EQ03-284, EQ03-285 and EQ03-286 and Budget Amendment BA03-164 for the Supervisor ofElections' office at the Orange Blossom Mall. In a letter dated June 12,2003, the Supervisor of Elections Gertrude Walker requested the Board of County Commissioners to fund the costs associated with their office move at the Orange Blossom Mall. The list included hardware, contracts, office products, cabinets, a security system and dismantling, removal and replacement of existing rotary file. Total cost for the move was estimated at $226,200. On June 24, 2003 the Board approved funding the office move in the amount of $226,200. Certain equipment necessary for the office move were not identified at the time staff requested funding. Staff is now requesting approval of equipment request numbers EQ03-284, EQ03-285 and EQ03-286 and Budget Amendment BA03-164 for the purchase of a rotary filing system and office furniture. Staff is also requesting that the Board authorizes the County Administration to sign off on future equipment purchases for the Supervisor of Elections within the specified budget for this project. FUNDS AVAILABLE IN: 316-1910-563000-100 County Capital Fund/Supervisor Elections/Improvements olt Bldg account PREVIOUS ACTION: June 24, 2003 - Board approved the reallocation of $226,200 from the Administration Annex Bldg addition and new facade project for the upcoming move of the Supervisor of Elections office to the Orange Blossom mall. June 12,2003 - the Supervisor of Elections requested funding from the Board of County Commissioners for the costs of the office move. G:\Budget\WP\AGENDA'S\Agenda03\Jul-Sep\9'23SupvElec-OrangeBlssmMove.wpd '- ....,¡ RECOMMENDATION: Staff recommends the approval of Equipment Request 03-284, EQ-03-285, and EQ03-286 and Budget Amendment 03-164 to cover the purchase ofa rotary filing system and office furniture for the Supervisor of Elections office move to the Orange Blossom Mall. Staff also recommends the Board authorizes the County Administration to sign off on future equipment purchases within the specified budget for this project. COMMISSION ACTION: CONCURRENCE: ¥] APPROVED [] DENIED [ ] OTHER: Approved (3·0\ Bruhn, Bames . Absent ~ County Attorney: Originating Dept: Other: y CoordinationlSi¡matures Mgt. & Budget: U~1/lI~ Other: Finance: (Check for Copy only, if Applicable) Purchasing: ¡;)f G:\Budget\WP\AGENDA'S\Agenda03\Jul-Sep\9'23SupVElec-orangeBlssmMove.wpd BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/Supervisor of Elections PREPARED DATE: 09/11/03 AGENDA DATE: 09/16/03 ;<,·~:.c~L",,_S;>:;¡'i:;Äèê:ÔI.JNÌ'.t.!UMBER ACCOUNT N,o.ME; ,,- -. :-;;~¿~,~!JJ2~;:ÄMóÜNr~~:j.·,~:{~~~ .~.,-,:".,. ......:..~.. TO: 316-1910-564000-100 Machinerv & Equipment $66,327 FROM: 316-1910-563000-100 Improvements OfT Buildinas $66.327 REASON FOR BUDGET AMENDMENT: Future eauipment purchases for Supervisor or Elections. Equipment reouests numbers (s) EQ03-284' 285 and 286. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: f£f) BUDGET AMENDMENT #: BA03-164 DOCUMENT # & INPUT BY: "",. ...., ""'" ....,. ,,' :'. ";' - I:"~ .. , .. · .... c c · '"" U) C 0::: c C WM .". 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CI ¡:: c. c. ~. 5 c en 5 w a ::J ;; a c c W IC W \." ...., PROPOSAL, DATE: PROJECT: 770189 08/20/03 82ØØ3DT2 OFFICE PRODUCTS AND SERVICES 772-464-0450 2iZ18 AVENUE A FORT PIERCE ,FL 34950 PROJECT NAME: Supervisor of Elections - BOARD OF CO COMMISSIONERS ST LUCIE COUNTY R206 2300 VIRGINIA AVE FORT PIERCE , FL 34982-5652 ATTN: ITEM QTY MFG PRODUCT DESCRIPTION SELL ----------------------- --------------------------- ---------- ---------- EXTENDED 4H 30W 18-3/4D BB/F-Lat B Pull .P02 CLR, Flint .OMT omt Core to Ord key Rlike SUB-TOTRL FOR GROUP TRRINING ROOM 112 14 1 CLR 1743N PREMIERE RMPLIFIED LECTERN FINISH: ORK W/NRTURAL (NOT ON RNY CONTRRCT) 162Ø.Ø00 15 1 CLR FREIGHT FREIGHT FROM FRCTORY TO OPS WRREHOUSE. 271. Ø0Ø 1620.00 271. 00 LRBOR-FURNITUREOPS LRBOR ONLY FURNITURE DIV. 649.260 649.26 RECEIVE, UNCRRTON, RSSEMBLE RND INSTALL CLRRIN SERTING PER FLORIDR STRTE CONTRACT SUB-TOTAL FOR GROUP 112 16 1 17 1 RLF PF198-232B Essentials SuPPOt't Ped FF .~ 159.720 ~ 22-7/8D B Pull .P02 CLR, Flint .OMT omt Cot'e to Ord key Rlike 18 6 RLF LKF23C Lock Core Replacement Kit 6. 160 .X111E Key Numbet' 111E 19 2 HRC CS489 Modesty Panel 48W 2'3-1/2H 43.560 .PØ2 CLR, Flint CONTINUED 159.72 36.% 87.12 07/24/2003 1~"0 772-458-0984 \.,.-. FROM : ~ana50nio FAX SYSTEM OFFICE PRODUCTS SEF' , ...., Pf-[JNE NO. ; PAGE 03 M4r. 21 2003 11:31AM P2 - 51l.ecialt Office 5yste S. Inc. SPECIALTY OFFICE 5ì'5TEMS, .1NC. P. O. BOX 63 MINNEOLA,. FL. 34755-00(-,~ (:\52) 394-0862/ (877) 422-6199 FAX (352) 394-726S TO: St Lucie County Supervisor orEl 4132 Okeechobee Road Ft. Pierce, PI 34947 \. QUOTIl NO.: 030321...001 I DATE:'March21, 2003 \ PrepaI"f!d For: Gertrude WaJl<er \ \ l 1 Installation Installation of ON Vertical Carousel . RATE $1,800.00 AMOUNT $1,500.00 QTY PART NO. 1 Removal gaS1ar Vertical Carousel. $3,500.00 $3,500.00 Subjoci tø credit approval 1'ricos..ro 51Jbj".:t cMng<'- If this <¡uotP. ¡"etudes spectaIty prmt.OO folder.. førmo, t1r bind""", it ¡. ¡:>r<O&uppœed yow ea:optaru;e øf ovurnu:uo '" ndeN'ur15, ML""c:eeding lO:\; af.tl'l<! '1"-"tity "rdered. TAX AND FRE1.GHT HAVE NOT BEEN INCLUDED IN THJS QUOTE TERMS: NETlODAY5 AQ.;¡,y\J:;1J SPEOA1..TY omCB SYSTEMS. me. ~, - .. ' - ..d·4· ~~~ -~ l"",tld.nt . To; ¡::stimate NO. Dat~ 2/2212003 Dealersl1iD Customer Phone NumbÐr.1 352-394-D862 Frelgt FOB Dìst. ceclaltv Office Svsta ns Inc. 1St Lucie Elections Qffl( Lead Time: 10to 12 weeks Model Number 12D-2313W Pricinll Incudes: Unit Height 173.23" Filing Capacity 2342 TO Co roller: Posting !¡Qard or matcl1ÞOX Unit Width 116.02" Infraret photocells in acceSS opening Wo~edge Height 29.5"/39.4" upper nd lower doors function as ~fety touch ars Power Requirement 11OV,l,O, ,-P_, ëmetg nöy stop buttons Front E ccess \1EIndcrank Loella e access door 07/24/20~3 ] '0 '- 772-458-0984 OFFICE PRODUCTS SE' FROM : panasoni D FAX SYS""EM PHONE NO. : Mf:GI~ST~~ ~f~~ 20 AMP ea. Estimate Good for 61) Davs Qnl P'Irt Number Description , 12o-~'3'/V Electric Lat~,ral FIle 1 0 11ð.02" wide 173.23" high 23 MP-13-120W Mull:! PUrpol.e carTier! 30 1ge0962 WIde unit w,'Drawers 1+1+1 drawers to fit MP.13-120W 90 9X&-120 9" X 5" x 14' dElep tra ,f to fit 3 per drawer 1 SIP Safety ¡nfonnatlon P nel 1 OHI.IGHT Oval" head light 1 ADJPB õ!djus1able ç osting b arc! 1 13 control&r .' Installation 3,500.0( SpecIals: Standard Special Standard ....., PAGE 02 Mar. 133 213133 02= 4SPt\ P2 u"" Oopth _ P.B. 46.47 CIoor c.mør WidIh 101.85 Clear Corrier Height .11.73" 15.2" CIMr ca.OoP\!> List Price Extended 16,706.00 18,706,00 308.00 7,084.00 158.40 4,752.00 46,00 4,140.00 664,00 664.00 247.00 247.00 1,933.00 1,933.00 689.00 689.00 - - . - - Total: 38,215.00 Less Discount 34% Net Cost $ 25.221.90 o 0.00 o : Total $25221.90 State of Florida Contract 420-59012-1 Library Furniture EffeGtive Date: 0212112002 through. 0212012005 MegaStar Syste TIS By fmstar International Inc. , SPURS VENDOR #: 01-03601~ 1 · ! Please issue PO In th¡¡¡ nlilm 9 of Re star in care of Specialty tmce Systems, InG. I TWO Ye¡¡¡r warranty PartS and Labor Extended ¡; va Yea! Warranty p¡¡¡rG and Laþor i Life Tim- Warranty )(1 Motor ~ "'- i PAGE 01 OFFICE PRODUCTS SF .." 772-458-0984 07124/2003 10 '- GERTRUPE WALKER 5T. LUCIE COUNTY SUPERVISOR OF ELECTIONS *** PURCHASE ORDER n* ORDER DA."E: OJlll/200J DATE REQ'D: OS/24/2003 OPER: SE P.O, NUIœ: 54 P. O. DESCR: ELECTRIC LATE!1AL FILE VENDOR: 433 ORD BY: NAME: DE!'t: Ramst.r C/O SPECIALTY OFfICE SYSTEMS. BILL TO: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUJITY 2 J a a VIRGINIA AVE FT PIERCE FL 3t982 i'L 3t941 INSTRUCTIONS: I.(þo! @:f 7ÎÞ¿, ~i, AMDUNT m21.90 UNIT-COST 25221. 900 QUANTITY DESCRI!'tlON 1.00 OJO.l10.56~aOO . 25221. 90 UU PURCHASE ORDER TOTAL ...*** LZ~/b~/ / GERTRUDE WALKER . AUTHORIZlIIG SIGNATURE ,$-/lò3 DATE §E:!tbtuJ: <WaLkE'L SupeNisor of Elections St. Lucie County TO: 2300 Virginia Avenue . Ft. Pierce, Flonda 34982 . (772) 462-1500 . Fax (772) 462-1439 o /P. 1v~~: dJ,.þl f ¡V-- he"r vU ¡r»Þb Ed Parker, PurChasin;)J Gertrude Wail<e¡4~r of Elections Request for Purchase Orders Ii w¡T-4 Cd FROM: SUBJECT: DATE: August 25, 2003 't/JJ_ 0//11° ¿ Listed below are some of the items we originally targeted to be purchased via the Central Services monies set aside for my office's relocation. Aß we move closer to occupancy, there may be other purchases that will need to be made to complete the office transition. We request that each item be specifically ordered as indicated, and that no substitutions be made so that we may assure compatibility with our existing systems. Many of these items will take several weeks for delivery, so we ask that these items be ordered immediately to avoid any unnecessary delays. All items listed are available via State Contract Pricing through CDWG. Patrick O'Brien is our account manager at CDWG and is awaiting your pennission to move forward on these items. Please contact Pat at: 1-877-898-2997. Please refer to the quote numbers indicated. ITEM QUOTE # QUANTITY COST EXT. COST HP Procurve Switch KP87796 1 $1,623.51 $1,623.51 HP Procurve Modules KP87796 8 $892.86 $7,142.88 Comcaa 9142 Rack KP87796 1 $1,346.72 $1,346.72 HP Procurve Modules for existina switch KP87796 6 $892.86 $5,357.16 Tricp Lite UPS for Desktoos KP87796 45 $61.35 $2,760.75 UPS for Servers KP87796 4 $886.70 $3,546.80 Belkin Hubs/Switch KP87796 5 $46.27 $231.35 Consuitina Services for move. Jeff Darter n/a 3 $1.500.00 $4,500.00 Gerelcom inc. DC380 1 $9,475.21 $9,475.21 TOTAL: $35,984.38 If you have any questions, please contact my system administrator, Donna Daloisio at 462-1117. Thank you. Xc: Ray Wa:z.ny 250 N.W. Country Club Dnve . Port St. Lucie, Florida 34986 . (772) 871·5410 . Fax [772) 871-5323 9340 S. Federal Highway . Port St. Lucie, Florida 34952 . (772) 337-5623 . Fox (772) 337·5626 \.~..,,' ..1r-ðlCV""'+;,..,no;:- r-nr"", .. Q_~,,,il' n~rtn IrlArñ)<::lrp.lp'-~ínr~.î:nm Quotes '- ...,,; 8003284239 '. Tbe Right TechnDIDgy. Right Away.· Page 1 of 1 . . j Your Quotes .~. Quote Details '\ Quote # I Donna Daloisio Find Your Quotes ~ Quote #: KP87796 Need Help? I..' . rìiI Send quote to an associate Quote Information Contact Pat O'Brien Phone: (877) 898-2997 Fax: (847) 371-2184 E-Mail ouote to Pat Status: Quote Date: Contact: Description: Open 8/20/2003 DONNA DALOISIO COUNlY PURCHASEQUOTE Bilted From Address CDWG Inc. 200 N. Milwaukee Ave Vernon Hills, IL 60061 Billing Address DONNA DALOISIO ATTN: SLC SUPERVISOR OF ELECTIONS 2300 VIRGINIA AVE FORT PIERCE, FL 34982-5632 (772) 462-1117 (800) 594-4239 Shipping Address SLC SUPERVISOR OF ELECTIONS ATTN: DONNA DALOISIO 2300 VIRGINIA AVE FORT PIERCE, FL 34982-5632 Payment Method Select payment method during checkout. Shipping Method ArT Deferred Product Contract CDW Mfg Part # Qty Price Ext. Price HP Procurve Switch 410801 Chassis 289337 J4865A#A8A 1 $1,623.51 $1,623.51 HP procurve Switch GL 10/100-TX 426806 J48628 8 $892.86 $7,142.88 module Comoao 9142 Rack 178812 120663-821 1 $1,346.72 $1,346.72 HP Procurve Switch GL 10/100-TX 426806 J4862B 6 $892.86 $5,357.16 ~ Trioo Lite Internet Office 300 UPS 293707 INTERNETOFFICE300 45 $61.35 $2,760.75 ~ Powerware PW9120 2kVA Doubie 318553 05147359-5501 4 $886.70 $3,546.80 Conversion Online UPS Beikin - Switch - 8 oort! 5) 469958 F5D5131-8 5 $46.27 $231.35 Sub-Total To order this quote please call me d iredly at 877-898-2997 or fax your PO to me at Shipping: 847-371-2184. - P08 "Tax: Grand Total $22,009.17 $0.00 $0.00 $22,009.17 "Tax may change if this quote is amended. IB~ '- ..."" August 20, 2003 FR: Jeff Darter P.O. Box 22073 West Palm Beach, FL 33416 TO: Donna Daloisio, St. Lucie County Supervisor of Elections Office RE: Consulting Services Donna, Per our discussion, I look forward to working with your office again by providing my services in assisting with your office's relocation. This would include disassembly, moving, and reassembly of the physical plant, installation and setup of new servers and/or workstations, installation cabling, and software configuration. The fee for my consulting services is $1500 per day, which includes all personal travel and expenses. Thank you for the opportunity to assist you in your efforts. Cordially, Jeff Darter Ju 1. 1503 :35a '- Br~a:t Lanham Xc.: crI.J, Pi (;.1 SE'" I 1>D I -!7k, [77' ,340 -3565 ..""" p. ¡ GERELCOMINC. VOICEjDATi\-FIBER OPTIC '-- .--- FACSI!\íILE TRANSMITTAL S;{EET . TO' DO!1l12. Daloisio FP..oM: Ch:-istopher Projel..L Es:1r;"~i-':,: COM!'fSY: SUD. Of Elections ::...7Z: 7/15/2003 r·";a~p;'''I~1(j· IÍ7'cr.:.-...L·(, '-'o~ ...........ó-~""' \~~._......,. ';." .-. n·:.;, NUM3~?.: ïï2-462·1439 :-:7Ai.. NO. 0;:' T'.~.~gs. tN:::'UDlNC CDV::R: 3 !'1-!~N;:: N:.n,f3~¡;": BN=::'¡::O:5 NUMS:::r-.: 772-340-5998 F.A}~: ì72·34(}··3666 .,_. MC:;:!.. NUMB;::?..: ..~ o U?'GENT 0 FOF, KEViEW o ?!..EAS:: ,:OMM:;NT 0 -PLE/,S,E. ¡~::~LY o PLR....Sa iU:.CIC:L.E NCn.s/'::JMM.:::'-I'?S: If you have aJ':Y quest!o:~s ple2Se c..:m~':t'me at 2.:ji of t~e a)cÿe rrw,n:b:.:s /;ki VUj1~t V~Wtr ~ JybJ /ltib~~rl0ði£ tþt f? (), 7 i'q~ 3 ::; I':~:::.z :-:~?,:: .""'!,::: ;':-;:!, ?::T......?N -. -.- - -.. _' .J ... :. ~ ~ Jul 15' 03ò. '·":1=:2 - 'W'........... 3r::arï Lanham (7"~-340-3SSS ,r:.2 GERELCOlVI InC. DATA/FIBER-VOICE ~~~4~:tillôU~~;;;:;;:jK:It!t·Ä't:'è'~....mv~ .... _',~.;.~w.o\I!o:,.OC.~Jo'It~_""~~:!*{,::¡~ July 14, 2003 EstÎmate No' DC380 Attn: Don:ia Daloisio Sup~rvisor of Elections St. Lucie County, FL. RE: Ora.1ge Blossom M~l in Ft. Pierce, Florida. GERELCOM, INC., proposes to furnish labor, tools, and equip::-,ent to ¡ns¡all i'li:-.ely-fûur ( 94 ) category 5 Enna..'lced PVC cables. The following scope of work at the above na.':1ed project as per the prims provid~d 6/6/03. Scope of Installation: , The cabling wiil originate from 48-port cat~gory 5 ~nhal1c~d patch pl!:1els. , A 19-inch by 7-foot equipment floor<ack v,ill be ir.stalled compbte 'wirh ladder rack, and mounting hardware. · All the cables will terminate at the worksiation ends on ca:egory 5 enha.1ced jacks in module fa~epla.tes. , A 1 aO-palr voice grade tie cable will be installed from the server room-to-room 124. The 1 aO-pair will terminate on category5 bocks 66 type with brackets. , The cabling will be supported váth the appropria!e devices a.1d iaced with Velcro and or tie-\~;r2.ps. · All cables, 2..i.1.d int~rfa.ce òevices installed wilì he labeled: =.n¿ the Cat)~~5 ce.:-:ifi~d to 1 aOMHz, As-buil¡ plans v"¡U be provided. List of Assumptions unless stated above: · This L$ aa asbestos frö~ environmen.t. · .&..reas that ",111 be cabled are unobstructed. · Conduit or sttlb-outs are to be provided by others. · Surge protection, electrorjcs of any type is not included unless sta.td a.bove. · At the MDF & IDFs a. clean grounding bus is to be provided by others · On píovided Labor, and materië.ls thef~ is a one~y~a.r WaJ72.Dty ~'9:e; ,,:oC1pi¡;tl2-:l. · Before start date existing furniture, and equipment is to be moved b:' others. bst2.11ation nallrs e.re be.t~vee.n 7:00a...'11, and 5:00pm ?\.·{onday thro'..!gh Fri¿2Y _....___.__>__.,~".~w.,__._.____....._._________,...~.._....,_,,,..,...___.v,·...···_......·,___.· .....-~,..._-_.~.~~._ 521 ~V{ En:¡;7?:is~ Drive, POT': St. L1J.ci:.¡ Flo:"ida. 34986 * (772) 3L>5998 z F::.;.; (7í2) 340~3565 E...::-.2.il: ci~~2.;-.2.."1:)(~~g~!'~l:::o:¡; Jul 15 03 1:35a .' , \..r B~::¡a,., Lar1ham 177" -340-3555 ""'" ,c.3 Page (2) Estimate No: DC380 The cost for the above proposal is ......".",............"........ .. '.'" ..SÎ,451.59 Option 1. The cost for e~cb hcrizontal cable manager.lel1t installed ls... ..p$48 S5 Option 2. The cost for each ve::ical cable managemem installed is..... ... . ....SlóC.7ï Option 3. The cost for 94 matching Pan.duit category 5E patch cables Î feet is... .$75724 Option 4. The cost for 94 match.ir!íì: P<L1dult cate20rv 53 Datch cables 10 feet is.. 5900.21 - -.. The above proposal including: Option 1. For e.·eh patch pane! in the fio,:)r raà (therò are four patch p1.nds), Option 2. One full length vertical per floor rack, Option 3. i'.n matching Panduit pa¡ch cables for d1.e patch panels, <Lr¡d Option 4. A::e matching h!1.dult patch cables for ¡he workstation. The total COS¡ wit..1-¡ the Options listed above for labor <Lr¡d materials is.. ..$9,47521 As always GERELCOM, be. tha.nks you for the oppoiCunity, 11.Ild we 1001 fo,,,..a.:d to serving yourca.bling Ileeds in the future. S inc.erely: ~>¡ ¿(~ C\.";S'o~¡'or Den,o"n.n U..!.. ~ :-....... ::_.......~...: Project Es'C.lmator ,.,.-~._... --,.......,._______..h. .._........~,'~,.,'_._~_, _ _~___~.~... .~.~,---- ...?l1'\.T \' t.":,"\.",-r"¡T""-~ D-r"ø p.......,. S· Ll1Ci.. -rh";,":;:I ~':':;)86· (;"7")' '::';.'1·':::98 * F:'\ ('7~:'~ -:_~(i·'::66':' :_¿~'>...·'·.-1......t'.~::1\- '~\":-'.,.I~" ~. -...., -"'..--.", "-.. --"" -, '-.- ..' . -:::_-~;1 ~..;"",..-::.....::.,..."I''ñ,~...'!''...1.......... ........,7"'"\ - 'wII AGENDA REOUEST ITEM NO. C- lOB DATE: Sept. 23,2003 REGULAR PUBLIC HEARING CONSENT IX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Inter-fund Loan from the Transportation Trust Fund for the Revels Lane MSBU project (fund 39003). BACKGROUND: Typically, before construction commences on an MSBU project, residents are given thirty (30) to forty-five (45) days to prepay their assessments in order to avoid fmancing and interest fee charges. For the Revels Lane I MSBU project only one resident prepaid their assessment. Shortly after the prepayment, staff obtained an interim loan of$105,000 to finance the construction costs of the project. In January 2003, the resident who prepaid their assessment requested for a refund of the prepayment from the Tax Collector's office. The Tax Collector's office then requested a reimbursement for the amount refunded to the property owner. This course of action created a negative cash balance in the project/construction fund. To correct the negative cash balance, staff is requesting the Board to authorize an inter-fund loan from Transportation Trust fund (101) into the Revels LanelMSBU fund (39003) in the amount of $519. Repayment will take place during the first month of the new fiscal year 2003- 2004 once staff obtains permanent financing. FUNDS AVAILABLE: $519 Inter-fund Loan from the Transportation Trust Fund (Fund 101) to the Revels Lane MSBU project fund (fund 39003) PREVIOUS ACTION: see attached memorandum from MSBU Coordinator RECOMMENDATION: Staff recommends the Board approve the Inter-fund loan in the amount of$519 from the Transportation Trust Fund (10 I) into the Revels Lane MSBU project fund ($519). Approved (3·0) Bruhn, Baroes . Absent ¡; COMMISSION ACTION: []I APPROVED [] DENIED [ r OTHER: Central Services: % CoordinationJSil!Ilatures Management & Budget: XX UO IT:&~chasing: Public Works: ~ MVP Parks & Recreation: County Attorney: XX Finance: (Check for Copy only, if applicable) XX Other: ø··. .. "-' ~".-". - ':,. - -......_- SED I r ~rm ..... -. '. '. ---...;.--.... . -. ,-,:,,_. --.---. ENGINEERING DMSION 'MEMORAND UM NO. 03- 295 ~ TO: Marie Gouin, OMS Director FROM: Rebecca Padrick, ·MSSU Coordinator Michael Powley, County Engineer Mvp VIA: September 11, 2003 SUBJECT: Revels Lane 1 MSSU - Potable Water Fund 39003 DATE: Before construction begins on a project, residents are given a grace period, ofthirty(30) to forty-five (45) days to prepay their assessment to avold financing and interest fees. And, the time frame for this project was November 2002 through December 2002. Once time expired, only one resident prepaid their assessment. Shortly, thereafter, based upon the amount of money collected from the prepaid assessment and the net of the Tax Collector's two percent(2%) fees, an interim loan for $105,000.000 was obtained to finance the construction costs of the project, however. In January 2003, the resident requested and received a refund for the prepaid assessment from the Tax Collector's Office. Due to this course of action, a negative balance was created and as a resolution, the tax office requested their account to be reimbursed, $5,591.78; the amount of the refund to the property owner. in Febru'ary 2003, a check request(attached) payable to the St. Lucie County's Tax Collector was disbursed for the amount as requested. Because of the reimbursement to the Tax Collector and other fees, greater than the line of credit proceeds, Fund 39003 has a negative balance of $518.17. Therefore, to correct the negative account balance for Fiscal Year 2003, we have been apprised by your staff that a short tenn interfund loan (interest free) may be obtained from Transportation Trust's Reserve Account. Also, on October 3,2003, we will obtain pennanent financing afterwards the Reserve Account will be reimbursed $518.17. Please accept this memorandum as your authorization for the Interfund Loan. cc: w/o attachment P\Jblic Worts Oirector MseU Coordinator Oiane Bernardo. CPA. Finance Edith Destefano. Sr Budget Analyst g:\msbuprojec:tsrevels.W\OMB-RepayLoan 1-m1.wpd \.",- ....." ST. LUCIE COUNTY, FLORIDA PURCHASE CONRRMATION LETTER AND CHECK REQUEST FORM TO: Christann Hartley, Finance Director FROM: Michael Powley P.E., County Engineer ." DATE: February 26, 2003 MAKE CHECK PA YABLE TO: SAINT LUCIE COUNTY TAX COLLECTOR VENDOR # 452 REASON: REVELS LANE1 MSBU REFUND TAX ASSESSMENT DISBURSEMENT (SEE ATTACHED LETTER) AMOUNT OF CHECK: $ 5,591.78 ACCOUNT TO BE CHARGE~: 3:J3P3¡f15-384300~38007 DEPARTMENT HEAD: ~Q~---r.-/ APPROVAL: MAIL CHECK TO VENDOR SEND CHECK TO DEPARTMENT HOLD CHECK FOR PICK-UP IN FINANCE PLEASE DEPOSIT TO ACCOUNT: G:IWPIMSBUIREVELS1 ICKRQST- TXREIMBURSEMENT c ... '- Bob Davis, CPA, CGFO, CFC ...., St Lucie County Tax Collector P.O. Box 308 . Fort Pierce, Florida 34954-0308 Website: www.tcslc.com EmaiI: taxcollector@stlucieco.gov FORT PIERCE County AdministratiQn Bldg. 2300 Vqinîa Avenue Fort Pi-=, FL 34982-5652 (772) 462-1650 Fax (772) 462-2101 PORT ST. LUCIE Village Green Cc:o.ta 9340 So. Fed=! Hwy. Part SL Lucie, FL 34952-2885 (772) 331-5600 Fax (112) 331-5624 roJr-Œ ~ W ~]~¡ lJù¡ ÆB 2 A 20m k.' L-- .__...J E r·' r:"; ¡:c r,; ','''''' ~..JiI,:,:.-_!, ..~:: February 21, 2003 " Becky Padrick MSBU Coordinator Board of County Commissioner 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Becky: In December Mr. Cumerma prepaid his water assessment for the Revels Lane #1 MSBU. In early January, he apparently returned to our office and said he changed his mind and asked for refund ftom our Tax Department. They gave him the refund and did not co=unicated the reversal to the Distribution Department. The Distribution area called for the run as of December 31" and sent it to the county. Since Mr. Cumerma is the only person who paid, we now have a negative position on our books. It is unlikely there will be any further payments soon to credit it against. We therefore must request the county to write a check back to us so the status of the account is reflected correctly. Please request the appropriate payment of $5,591.78 be made to us by the Finance Office. Thank you for your attention to this matter. Sincerely, 'b:~ ~<'( AsSistan~ax Collector REAL ESTATE ANn PFR~()NAL ?RO?FRTY TA..XES . TOURIST DEvELOPMENT TAX . OCCUPATIONAL LICENSE· ALA.R.\I PER.\1!TS Edith Desjefano - Re: . ': Revels Lane MSBU Page 1 From: To: Date: Subject: Don West Padrick, Rebecca 9/10/039:23AM Re: Fwd: Revels Lane MSBU Rebecca: Yes, do it. Don >>> Rebecca Padrick 09/10/03 09:19AM >>> Per the attached request, we need to borrow $519 from Transportation Trust for about 30 days. We need your approval so we can proceed. Thanks. ....." . AGENDA REOUEST .""", ITEM NO. C-10C DATE: Sept. 23,2003 REGULAR ] PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Interlund Loan from the Transportation Trust Fund (101) for the Westglen MSBU project fund (693) BACKGROUND: On August 22, 2000 the Board approved the Final Assessment roll for the Westglen MSBU -wastewater MSBU. Staff repaid the interim loan in full and obtained permanent financing through Bank of America. In March 2002, several property owners decided to payoff their assessments earlier than the prescribed tenn of fifteen (15) years. This prepayment of assessments created a surplus in the debt service accOlmt in the amount of $80,000. The prepayment was applied to pay down the Bank of America note and the bank required a $500 fee for amending the amortization schedule. To avoid the fees required in revising the amortization schedule, the prepayment was then applied towards the reduction of the principal and the amortizatiòn was not revised. In September 2002, in order to avoid a negative cash balance in the project fund, staff requested authorization through an inter-fund loan from the Transportation Trust; the loan was later reimbw-sed in December, 2002. In the same token, to avoid a negative cash balance in the project fund in the current fiscal year, staff is requesting the Board to authorize an inter-fund loan from Transportation Trust fund (101) into the Westglen MSBU fund 693 in the amount of$2,686. Repayment will take place during the first month of the new fiscal year 2003- 2004. FUNDS AVAILABLE: $2,686 Interfund Loan from the Transportation Trust Fund (Fund 101) to the Westglen MSBU project fund (fund 693) PREVIOUS ACTION: see attached memorandum from MSBU coordinator RECOMMENDATION: Staffreconnnends the Board approve the Inter-fund loan in the amount of $2,686 from the Transportation Trust Fund (101) into the Westglen MSBU project fund (Fund 693). '- ...,,¡ COMMISSION ACTION: CONCURRENCE: pc] APPROVED [] DENIED [ ] OlliER: Approved (3·0) Bruhn, Barnes· Absent 0, /" Coordination/Signatures County Attorney: ~ Management & Budget XX lJ!£) ~\~Purchasing: Central Services: Public Works: ~ j.p/p Parks & Recreation: Finance: (Check for Copy only, if applicable) XX Other: ( po-., 'r wtI I 1 \r-o '.. ,~, 1'1 Îf)m ENGINEERING DMSION .... ~'... .... ---.~-. .: ....:: - --. ·MEMORANDUM NO. 03- 296 ~ TO: Marie Gouin, OMB Director FROM: Rebecca Padrick, MSBU Coordinator VIA: Michael Powley, County Engineer M Vp DATE: September 11, 2003 SUBJECT: Westglen MSBU - Wastewater Debt Service Fund 693 On July 6, 1999 the Board approved the preliminary assessmentroll and authorized the collection of the special assessments beginning with the tax bill for 1999 over a fifteen (15) period. Then, on August 22, 2000, the Board approved the Final Assessment Roll which replaced the Preliminary Assessment Roll. Within a few months the)nterim loan was paid in full and pennanent financing obtained through Bank of America. And, all residuais were transferred to the County's established Debt Service Account for the annual tax collection of assessments. In March 2002, several property owners decided to payoff their assessments earlier than the time frame of fifteen (15) years, which provided a surplus to the Debt Service Account, in the amount of S80,OO.000. The money was applied to the pay down of the loan and the County requested a revised amortization schedule from the bank, based on the early payment. However, to avoid a bank fee charge of S500 for amending the schedule, the early payment was applied against the principal reduction and the amortization schedule was not revised. In September 2002, because of this course of action and to avoid a negative year end account balance of $4,171.00, money was authorized and obtained from Transportation Trusfs Reserve Account and later reimbursed, December 2002. For reasons as stated above and to pay the next installed principal amount of the loan, the account has a negative balance of $2,685.89. We have been apprised by your staff that a short term interfund loan (interest free) may be obtained from Transportation Trust's Reserve Account. The projected date to reimburse the Reserve Account Is October 15, 2003. Please be advised the effective date of transfer is September 30, 2003. Please accept this memorandum as your authorization for the Interfund Loan. 0:: attKhmenc ~ a.-nanar,jlf$.... PtJbic Wor'U OWldOl' MSBU CootdInaIOf 0iaM Semaroo. CPA. F"~ edÌO\c"tet.no.SrSud9-C~ L0r.>\ne Þ,~~rley - F\- RE: Westglen MSBU Debt Service Account #0054-8807-7689 ..., - Page 11 From: To: Date: Subject: Diane Bemardo Adderley, Loraine; Rebecca Padrick 9/9/03 12:30PM Fwd: RE: Westglen MSBU Debt Service Account #0054-8807-7689 Please prepare a check request for wire from Bank of America reserve account to be deposited in Westglen's MSBU cash account in the amount of $2,371.21. BOA has authorized the reduction in their debt service reserve account (see below). This money"Wi1l be applied against the credit balance in 104006 (after Helen posts the P&I payment of $9,733.79 made on 9/2103). After Don or Mike sign the check request, please forward to Edith for approval too. As soon as I receive, I will prepare a wire. Also, we will be short $2,685.89 in fund 693. A check reQ!/.est to borrow money from transportation trust reserves will be needed for 5 days. Would you also prepare a check request from 101-0000-104006 to be deposited in 693-0000-104006. The money is only need for one week. This check request will be processed on the last day of the fiscal year. For Don & Mike's benefit, here's the story behind the shortage in cash. Back in March 02, 7 homeowners paid off their assessment early. There was a surplus of $80,000 and we used this money to pay down the Bank of America homeowners' note. We requested BOA to revise the amortization schedule for the $80,000 eariy payment BOA then called and said there was a $500 fee for amending the amortization schedule. I suggested to apply the $80,000 against principal reduction and not revised the amortization schedule (in other words, they applied the $80,000 to the end of the payment schedule versus the next few payments) to avoid the fee. Last year we were short $4,171 so that the fund would not be cfosed in the red. This year, we need $2,685.89 for the same reason. The money is only borrowed for short term to avoid closing the books with a negative cash balance in any fund. The money is paid back in the first check run of the new year. I'm hoping that the new year's collections are ample so that we do not have to borrow at 9/30/04. Call me with any questions. Thanks, Diane B. >>> ·'rby, Mark· <markJrbv@bankofamerica.cóm> 09/09/03 11 :03AM >>> Diane -I'm okay with this. Go ahead and make the arrangements to initiate the wire. -Original Message- From: Diane Bemardo rmailto:BERNARDO@stiucieco.oovl Sent Tuesday, September 09,2003 11 :01 AM To: Irby, Mark Cc: Rebecca Padrick; Edith Destefano Subject Westglen MSBU Debt Service Account #0054-8807-7689 We paid another principal installment on obligation # 299 in the amount of $7886.78 on 9/1/03. We would like to reduce our debt service reserve for 10% of the outstanding balance due on obligation #299. As of today, our outstanding balance is $49,031.84. The balance in our debt service account is $7,274.39. The amount we would like to wire to the county account is $2,371.21 ($49,031.84 x 10% = $4,903.18 less account balance of $7,274.39). I would appreciate your approval before any request for wire is prepared. Please call me at 772-462-2157 if you have any questions. Thank you, Diane Bernardo, Accountant cc: Edith Destefano;' Powiey, Michael; West, Don t , . - """" AGENDA REQUEST 'wi ITEM NO. C-10D DATE: Sept. 23, 2003 REGULAR [ PUBLIC HEARING [ ] ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 03-255 to establish the budget for the $3,000,000 St Lucie County, Florida Improvement Revenue Note, Series 2003 for the Environmental Land - Capital Fund BACKGROUND: On September 15, 2003 the closing for the $3,000,000 St Lucie County, Florida Improvement Revenue Note, Series 2003 took place via wire transfer. This loan is being completed to pay the costs of the acquisition of environmentally sensitive lands within SI. Lucie County. This loan will be retired within 30 days from cash on hand in the bond sinking fund (fund 282). In order to use the bond proceeds funds for the intended projects, a budget resolution must be approved by the Board appropriating the unanticipated revenue for the current fiscal year 2002-03. The attached Budget Resolution 03-255 will accomplish this in accordance with Florida Statutes. FUNDS AVAILABLE: See attached Budget Resolution 03-255 PREVIOUS ACTION: See above RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 03-255 establishing the budget for the $3,000.000 St Lucie County, Florida Improvement Revenue Note, Series 2003 for the Environmental Land - Capital Fund. COMMISSION ACTION: [X APPROVED [I DENIED [ ] OTHER: Approved (3·0) Bruhn, Barnes· Absent Coordination/Sianatures County Attomey: XX ,2r Management & Budget: XX ~ r^ ~urChaSing: Orig Dept: Central Services: Finance: (Check for Copy oniy, if applicable) ~ Other: Anyone with a disability requiring accommodation to attend this mee~ng should contact the Sl Lucie County Community Services Manager at 561- 462.1m or TOD 561-462·1426 at least forty-eight (48) hours prior to the meeting. \".,- ....." RESOLUTION NO. 03-255 WHEREAS, subsequent to the adoption of the SI. Lucie County Board of County Commissioners budget for SI. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the fonrn of note proceeds from the $3,000,000 St Lucie County, Florida Improvement Revenue Note, Series 2003 for the Environmental Land - Capital Fund. 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 SI. Lucie County, Florida, in meeting assembled this 23rd day of September, 2003, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2002-2003, and the County's budget is hereby amended as follows: REVENUES 382-0000-384200-000 Total Revenues Proceeds from Loan $3,000,000 $3,000,000 APPROPRIATIONS 382-3920-561000-300 382-9950-573100-800 Total Expenditures After motion and second the vote on this resolution was as follows: Land Additional Expenses - Bonds $2,994,000 6,000 $3,000,000 Commissioner Cliff Bames, Chairman Commissioner Paula A. Lewis, Vice-Chairman Commissioner Doug Coward Commissioner John D. Bruhn Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED THIS 23'" DAY OF SEPTEMBER, 2003, ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '- >wi ~; ~ WV;;~ ~ ,~?~?,Hl ~?D- TO: Douglas M. Anderson Daniel S. McIntyre, Esq. Marie Gouin Christann K. Hartley Gary M. Perdew Diane Bemardo Todd A. Morley Robert O. Freeman, Esq. FROM: Bill Leedy Public Finance Department DATE: Septernber15,2003 MEMORo\..t'IDUM County Administrator County Attorney Management and Budget Director Finance Director Senior Budget Analyst Accountant II Sun Trust Bank Squire, Sanders & Dempsey, LLP RE: $3,000,000 St. Lucie County, Florida Improvement Revenue Note, Series 2003B (Environmentally Sensitive Lands) The closing for this transaction is schedule to co=ence, via \\ire transfer, promptly at 10:00 a.m. on Monday, September 15,2003, at St. Lucie County. This loan is being completed to pay the costs of the acquisition of environmentally sensitive lands \\ithin the county. This loan will be retired within 30 days from cash on hand in the bond sinking fund. Landmark Center II, 225 East Robinson Street, Suite 465, Orlando FL 32801-4322 Toll Free: 800 624-8836 Local: 401422-5161 Fa.'(: 407- 4]1-5659 MEMBER; NASD/SIPC '- '-' $3,000,000 ST. LUCIE COUNTY, FLORIDA IMPROVEMENT REVENUE NOTE, SERIES 2003B (ENVIRONMENTALLY SENSITIVE LM'DS) CLOSING MEMORANDUM AND TRANSFER OF FUNDS DELIVERY DATE: SEPTEMBER 15, 2003 Sources of Note Proceeds Par Amount of Note $3,000,000.00 Total Due from SurlTrust Bank (fo be disbursed as follows:) $3,000,000.00 \Vire to St. Lucie County, Florida For deposit to Project Fund Account $3.000.000.00 Total $3,000,000.00 \w From Note Proceeds For deposit to Project Fund PROJECT FINANCING SUMMARY Total ..", $3.000,000.00 $3,000,000.00 .-. >wi 53,000,000 ST. LUCIE COUNTY, FLORIDA IMPROVEì\'IENT REVENUE NOTE, SERIES 2003B (ENVlRONì\'IENT ALL Y SENSITIVE LAA'DS) Distribution List ST. LUCIE COUNTY. FLORIDA Douglas M. Anderson County Administrator PH (772) 462-1450 FX (772 462-1648 E-ML: dou!!aíqJ.co.st-lucie.fl.us Daniel S. McInt)Te, Esq. County Attorney PH (772) 462-1420 FX (772) 462-1440 E-ML: danm@co.st-lucie.fl.us Marie Gouin Management and Budget Director PH (772) 462-1670 FX (772) 462-2117 E-ML: marie!!@.co.st-lucie.fl.us Christann K. Hartley Finance Director PH (772) 462-1476 FX (772) 462-1614 E-ML: chrish@co.st-lucie.fl.us Gary M. Perdew Principal Budget Analyst PH (772) 462-1723 FX (772) 462-2117 E-ML: werdew!ítco.st-lucie.fl.us Diane Bemardo Accountant II PH (772) 462-2157 FX (772) 462-1614 E-ML: bemardo@co.st-Iucie.fl.us ST. LUCIE COUNTY, FLORIDA 2300 Virginia A\"enue Fort Pierce, Florida 34982-5652 BOND COUNSEL Robert O. Freeman, Esq. PH (904) 366-2455 FX (904) 356-2986 E-ML: rfreeman!ítssd.com SQUIRE, SANDERS & DEMPSEY, L.L.P. One Enterprise Center, Suite 2100 225 Water 'Street Jacksonville, FL 32202 \¡¡... -' $3,000,000 ST. LUCIE COUNTY, FLORIDA IMPROVEMENT REVENUE NOTE, SERIES 2003B (ENVIRONMENT ALLY SENSITIVE LANDS) Distribution List NOTE UNDERWRITER Todd A. Morley Vice President PH (407) 237-6764 FX (407) 237-5615 E-1Y!L: todd.morlev(â'·.sunrrust.com SUNTRUST BANK Mail Code 1100 200 S. Orange Avenue Orlando, FL 32801 FINANCIAL ADVISOR Loomis C. (Bill) Leedy, III First Vice President PH (407) 422-5161 FX (407) 422-5659 E-ML: bleedv@hou!!h.com WILLIAM R. HOUGH & CO. 225 E. Robinson Street, Suite 465 Orlando, FL 32801 · . ~ WIRE INSTRUCTIONS From SunTrust Bank to St. Lucie County - 53.000.000.00 Harbor Federal Savings Bank 100 South 2nd Street Ft. Pierce, FL 34950 Routing.!Transit #267084199 F or Credit to St. Lucie County Board of County Commissioners Account #1901152 Contact: Chris Fashing (772) 461-2414 From St. Lucie County to SunTrust Bank - 53.500.00 ABA#: Beneficiary: Account: Reference: 061000104 SIB Commercial Loan 9215004320 SI. Lucie County Loan #0050470671 Notify: Todd Morley 2154118 ...., , \........... . \w AGENDA REQUEST ..., ITEM NO. Co 10E DATE: Sept. 23, 2003 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 03-254 to establish the budget for the $6,055,000 St Lucie County, Florida Tourist Development Tax Revenue Bond, Series 2003 and $2,627,500 St Lucie County, Florida Improvement Revenue Note, Taxable Series 2003C (Thomas J. White Stadium) BACKGROUND: On September 10, 2003 the closing for the St Lucie County, Florida Tourist Development Tax Revenue Bond, Series 2003 took place via wire transfer. The $6,055,000 St Lucie County, Florida Tourist Development Tax Revenue Bond, Series 2003 is being completed to finance a portion of the cost acquisition and construction of certain capital projects to the Thomas J. White Stadium Complex. Security for the repayment of the loan would be the revenues received from 100% of the fourth and 67% of the fifth cent tourist development tax levied and collected within the County in pursuant to Section 125.0104(3)(1), Florida Statutes and per County Ordinance 02-36. The $2,627,500 St Lucie County, Florida Improvement Revenue Note, Taxable Series 2003C (Thomas J. White Stadium) is taxable and is scheduled to close on September 17"', 2003. It is also secured by a subordinate pledge of the Tourist Development Tax. A budget resolution must be approved by the Board appropriating these unanticipated revenues for the current fiscal year 2002-03. The attached Budget Resolution 03-254 will accomplish this in accordance with Florida Statutes. FUNDS AVAILABLE: See attached Budget Resotution 03-254 PREVIOUS ACTION: See above RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 03-254 establishing the budget for the $6,055,000 St Lucie County, Florida Tourist Development Tax Revenue Bond, Series 2003 and $2,627,500 St Lucie County, Florida Improvement Revenue Note, Taxable Series 2003C to finance projects at the Thomas J. White Stadium and the sports Complex. " \..... ',/' .... ..., Approved (3·0) Bruhn, Barnes· Absent) COMMISSION ACTION: []I APPROVED [] DENIED [ ]. OTHER: Orig Dept: Coordination/Sianatures ¿(k Management & Budget: XX tø ~/)jn~rchaSing: Central Services: Finance: (Check for Copy only, if applicable).lL- County Attorney: XX Other: Anyone with a disability requiring accommodation to attend this meeting should 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. '--" ....." RESOLUTION NO. 03-254 WHEREAS, subsequent to the adoption of the SI. Lucie County Board of County Commissioners budget for SI. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of bond proceeds from the $6,055,000 St Lucie County, Florida Tourist Development Tax Revenue Bond, Series 2003 and $2,627,500 St Lucie County, Florida Improvement Revenue Note, Taxable Series 2003C (Thomas J. White Stadium). 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 SI. Lucie County, Florida, in meeting assembled this 23rd day of September, 2003, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2002-2003, and the County's budget is hereby amended as follows: REVENUES 362-75201-384200-700 362-75201-384200-700 Total Revenues Proceeds from Loan Proceeds from Loan $6,055,000 $2,627,500 $8,682,500 APPROPRIATIONS 362-75201-563000-700 362-9950-573100-800 Total Expenditures Improvements other than Bldgs Additional Expenses - Bonds $8,645,000 $ 37,500 $8,682,500 After motion and second the vote on this resolution was as follows: Commissioner Cliff Barnes, Chairman Commissioner Paula A. Lewis, Vice-Chairman Commissioner Doug Coward Commissioner John D. Bruhn Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED THIS 23rd DAY OF SEPTEMBER, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY .\.r 'will n,w~:~}:?~~H,~Çb. TO: Douglas M. Anderson Daniel S. McIntyre, Esq. Marie Gouin Christann K. Hartley Gary M. Perdew Diane Bemardo Todd A. Morley Robert O. Freeman, Esq. FROM: Bill Leedy Public Finance Department DATE: September 9, 2003 MEMORANDUM County Administrator County Attorney Management and Budget Director Finance Director Senior Budget Analyst Accountant II SunTrust Bank Squire, Sanders & Dempsey, LLP RE: $6,055,000 St. Lucie County, Florida Tourist Development Tax Revenue Bond, Series 2003 (Thomas J. White Stadium) The closing for this transaction is scheduled to conunence, via wire transfer, promptly at 9:00 a.m. on Wednesday, September 10, 2003, at St. Lucie County. This loan is being completed to pay the costs of certain improvements to Thomas J. White Stadium. The final interest rate on this 15 year loan will be 4.605%. Landmark Center II, 225 East Robinson Stred. Suite 465. Orlando FL 32801-4322 Tol! Free: 800624·8836 Local: 407-422·5161 Fax: 407· 422·5659 MEMBER: NASDlSIPC '- ..., 56,055,000 ST. LUCIE COUNTY, FLORIDA TOURIST DEVELOPMENT TAX REVENUE BOND, SERIES 2003 (THOMAS J. WHITE STADIUM) CLOSING MEMORANDUM AND TRANSFER OF FUNDS DELIVERY DATE: SEPTEMBER 10, 2003 Sources of Bond Proceeds Par Amount of Bond $6,055,000.00 Total Due from SunTrust Bank (To be disbursed as follows:) 6,055,000.00 Wire to St. Lucie County, Florida For deposit to Project Fund Account Total 6.055.000.00 $6,055,000.00 '\w PROJECT FINANCING SUMMARY From Bond Proceeds For deposit to Project Fund - Construction Costs For deposit to Project Fund - Issuance Costs Total "'-tI $6,028,250.00 26.750.00 $6,055,000.00 '- .....,; Sl Lucie County, Florida Tourist Development Tax Revenue Bond, Series 2003 Annual Debt Period Ending Principal Coupon Interest (1 ) Debt Service Service 9/10/2003 11/1/2003 39,501.31 39,501.31 5/1/2004 189,000,00 4.605% 139,416.38 328,416.38 367,917.69 11/1/2004 151,000.00 4.605% 135,064.65 286,064.65 5/112005 155,000.00 4.605% 131,587.88 286,587.88 572,652.53 11/1/2005 159,000.00 4.605% 128,019.00 287,019.00 5/1/2006 162,000.00 4.605% 124,358.03 286,358.03 573,377.03 11/1/2006 166,000.00 4.605% 120,627.98 286,627.98 5/1/2007 170,000.00 4.605% 116,805.83 286,805.83 573,433.81 11/1/2007 174,000.00 4.605% 112,891.58 286,891.58 5/1/2008 177,000.00 4.605% 108,885.23 285,885.23 572,776.81 11/1/2008 182,000.00 4.605% 104,809.80 286,809.80 5/1/2009 186,000.00 4.605% 100,619.25 286,619.25 573,429.05 11/1/2009 190,000.00 4.605% 96,336.60 286,336.60 5/1/2010 195,000.00 4.605% 91,961.85 286,961.85 573,298.45 11/112010 199,000.00 4.605% 87,471.98 286,471.98 5/1/2011 204,000.00 4.605% 82,890.00 286,890.00 573,361.98 11/1/2011 208,000.00 4.605% 78,192.90 286,192.90 5/1/2012 213,000.00 4.605% 73,403.70 286,403.70 572,596.60 11/112012 218,000.00 4.605% 68,499.38 286,499.38 5/1/2013 223,000.00 4.605% 63,479.93 286,479.93 572,979.31 11/1/2013 228,000.00 4.605% 58,345.35 286,345.35 5/1/2014 234,000.00 4.605% 53,095.65 287,095.65 573,441.00 11/1/2014 239,000.00 4.605% 47,707.80 286,707.80 5/1/2015 244,000.00 4.605% 42,204.83 286,204.83 572,912.63 11/112015 250,000.00 4.605% 36,586.73 286,586.73 5/1/2016 256,000.00 4.605% 30,830.48 286,830.48 573,417.21 11/1/2016 262,000.00 4.605% 24,936.08 286,936.08 5/1/2017 267,000.00 4.605% 18,903.53 285,903.53 572,839.61 11/1/2017 274,000.00 4.605% 12,755.85 286,755.85 5/1/2018 280,000.00 4.605% 6,447.00 286,447.00 573,202.85 6,055,000.00 2,336,636.56 8,391,636.56 8,391,636.56 (1) Estimated, actual payments may vary depending on recipt of interest payments. \w ....., H~W~~,J;I?~~HI~~' TO: Douglas M. Anderson Daniel S. Mcintyre, Esq. Marie Gouin Christann K. Hartley Gary M. Perdew Diane Bernardo Todd A. Morley Robert O. Freeman, Esq. FROM: Bill Leedy Public Finance Department DATE: September 16, 2003 MEMORANDUM County Administrator County Attorney Management and Budget Director Finance Director Senior Budget Analyst Accountant 11 SunTrust Bank Squire, Sanders & Dempsey, LLP RE: $2,627,500 St. Lucie County, Florida Improvement Revenue Note, Taxable Series 2003C (Thomas J. White Stadium) The closing for this transaction is scheduled to commence, via wire transfer, promptly at 10:00 a.m. on Wednesday, September 17, 2003, at St. Lucie County. This loan is being completed to pay the costs of certain improvements to Thomas J. White Stadium. The final interest rate on this 15 year taxable loan will be 5.62%. Landmark Center II, 225 East Robinson Street, Suite 465, Orlando FL 32801-4322 Toll Free: 800 624-8836 Local: 407-422·5161 Fax: 407· 422·5659 MEMBER: NASDlSIPC '- ...., $2,627,500 ST. LUCIE COUNTY, FLORIDA IMPROVEMENT REVENUE NOTE, TAXABLE SERIES 2003C (THOMAS J. WHITE STADIUM) CLOSING MEMORANDUM AND TRANSFER OF FUNDS DELIVERY DATE: SEPTEMBER 17,2003 Sources of Note Proceeds Par Amount of Note $2,627,500.00 Total Due from SunTrust Bank (To be disbursed as follows:) $2,627,500.00 Wire to St Lucie County, Florida For deposit to Project Fund Account Total $2.627.500.00 $2,627,500.00 '- PROJECT FINANCING SUMMARY From Note Proceeds For deposit to Project Fund - Construction Costs For deposit to Project Fund - Issuance Costs Total ...., $2,616,750.00 10.750.00 $2,627,500.00 '- ~REINSTRUCTIONS From SunTrust Bank to St. Lucie County - $2.627.500.00 Harbor Federal Savings Bank 100 South 2nd Street Ft. Pierce, FL 34950 Routing/Transit #267084199 For Credit to St. Lucie County Board of County Commissioners Account #1901152 Contact: Chris Fashing (772) 461-2414 -..I '- '-' $2,627,500 ST. LUCIE COUNTY, FLORIDA IMPROVEMENT REVENUE NOTE, TAXABLE SERIES 2003C (THOMAS J. WHITE STADIUM) Distribution List ST. LUCIE COUNTY. FLORIDA Douglas M. Anderson County Administrator PH (772) 462-1450 FX (772 462-1648 E-ML: douga(aJ,co.st-lucie.fl.us Daniel S. McIntyre, Esq. County Attorney PH (772) 462-1420 FX (772) 462-1440 E-ML: danmía1co.st-lucie.fl.us Marie Gouin Management and Budget Director PH (772) 462-1670 FX (772) 462-2117 E-ML: marieg(aJ,co.st-lucie.fl.us Christann K. Hartley Finance Director PH (772) 462-1476 FX (772) 462-1614 E-ML: chrishía1co.st-lucie.fl.us Gary M. Perdew Principal Budget Analyst PH (772) 462-1723 FX (772) 462-2117 E-ML: gperdew(aJ,co.st-lucie.fl.us Diane Bernardo Accountant II PH (772) 462-2157 FX (772) 462-1614 E-ML: bernardoía1co.st-Iucie.fl.us ST. LUCIE COUNTY, FLORIDA 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 BOND COUNSEL Robert O. Freeman, Esq. PH (904) 366-2455 FX (904) 356-2986 E-ML: rfreemanía1ssd.com SQUIRE, SANDERS & DEMPSEY, L.L.P. One Enterprise Center, Suite 2100 225 Water Street Jacksonville, FL 32202 '- .....¡ $2,627,500 ST. LUCIE COUNTY, FLORIDA IMPROVEMENT REVENUE NOTE, TAXABLE SERIES 2003C (THOMAS J. WHITE STADIUM) Distribution List NOTE UNDERWRITER Todd A. Morley Vice President PH (407) 237-6764 FX (407) 237-5615 E-ML: todd.morlev(aJ,suntrust.com SUNTRUST BANK Mail Code 1100 200 S. Orange Avenue Orlando, FL 32801 FINANCIAL ADVISOR Loomis C. (Bill) Leedy, III First Vice President PH (407) 422-5161 FX (407) 422-5659 E-ML: bleedv(aJ,hough.com WILLIAM R. HOUGH & CO. 225 E. Robinson Street, Suite 465 Orlando, FL 32801 -- 'wi ORDINANCE NO. 02-36 AN ORDINANCE AMENDING CHAPTER 1-19.3, TAXATION, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNiY, FLORIDA, THEREBY AMENDING SECTION 1-19.3-30 OF ARTICLE m TOURIST DEVELOPMENT TAX, TO EXTEND THE EXISTING FOURTH (4"") CENT TOURIST DEVELOPMENT TAX PURSUANT TO SECTION 125.0104(3)(1), F.S. FOR A TOTAL OF FOUR (4'70) PERCENT OF EACH DOLLAR AND MAJOR FRACTION OF EACH DOLLAR OF THE TOTAL CONSIDERATION CHARGED FOR EACH LEASE OR RENTAL WITHIN ST. LUCIE COUNiY BY EVERY PERSON WHO RENTS, LEASES, OR LETS FOR CONSIDERATION ANY LIVING QUARTERS OR ACCOMMODATIONS IN ANY HOTEL APARTMENT, HOTEL, MOTEL, RESORT MOTEL, APARTMENT, APARTMENT MOTEL, ROOMINGHOUSE, MOBILE HOME PARK, RECREATION VEHICLE PARK, OR CONDOMINIUM FOR A TERM OF SIX (6) MONTHS OR LESS, UNLESS SUCH ACCOMMODATIONS ARE EXEMPT ACCORDING TO THE PROVISIONS OF CHAPTER 212, FLORIDA STATUTES: FURTHER AMENDING SECTIONS 1-19.3-31 TO PROVIDE FOR THE PROPOSED USES AND EXPENSE ALLOCATION OF THE SECOND ADDmONAL ONE (1) PERCENT TAX TO PAY DEBT SERVICE ON BONDS ISSUED TO FINANCE THE CONSTRUCTION, RECONSTRUCTION OR RENOVATION OF THE ST. LUCIE COUNiY SPORTS COMPLEX. A PROFESSIONAL SPORTS FACILITY AND TO PROMOTE AND ADVERTISE TOURISM IN ST. LUCIE COUNiY AND THE STATE OF FLORIDA: PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE: PROVIDING FOR AN EFFECTIVE DATE AND FOR TERMINATION, AND CODIFICATION. ;:;tr~ck t1.Fa~9n passages are deleted. Underlined passages are added. ~ ïiJ. ~. A-'f't1 . 1 ;:r:t-nc....¡ en 1-"'0 n >-:J:> OCDZ ., Z OJ. Z ['T1 CD'" c.3Z ..C"D f-'CD' I'J -, :z ........... :D t.-J Z o .. '-N Of-'C':> Nt.-J. -.J['T1 "'''' f-'-.J"" f-'r..:J .. 0 I'JO"T1 N'" -< "":I: O['T1 o "" C':> ..... f-'''' iJ'C':> L.JC L.J_ -< .." :J:>C':> mo ['T1C '" N-< '" U1 I '" a:I :J:> - :z -< . C C':> ..... ['T1 C':> o C :z -< -< ~ ....J WHEREAS, the Florida Legislature amended Section 125.0104(3)(1), Florida Statutes (2002) to provide that the governing board of the county may levy, impose and set an additional one (1) percent tourist development tax by majority vote of the governing board in order to pay the debt service on bonds issued to finance the construction, reconstruction or renovation of a professional sports franchise facility and to promote and advertise tourism in St. Lucie County and the State of Florida nationally and internationally: and, WHEREAS, the St. Lucie County Sports Complex is a professional sports facility as contemplated by Section 125.0104(3)(1); and, WHEREAS, the Board previously adopted Ordinance No. 97-14 imposing the additional one cent (4'" cent) touris-t development tax which Ordinance expires on December 31, 2002: and, WHEREAS, this Board has determined that extending the levy and imposition of an additional one (1) percent (4'" cent) tourist development tax for the purpose of paying debt service on bonds issued to finance the construction, reconstruction or renovation of the St. Lucie County Sports Complex and to promote and advertise tourism in the State of Florida is in the best interest of the health, safety and welfare of the citizens of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE m TOURIST :DEVELOPMENT TAX OF CHAPTER 1-19.3 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED AS FOLLOWS: Section 1-19.3-30. Levy (a) Subject to the provisions of this article and Section 125.014, Florida Statutes, there is hereby levied and imposed a tourist development tax at a rate of four (4) percent of each dollar and major fraction of each dollar of the total consideration charged for each lease or dollar and major fraction of each dollar of the total consideration charged for each lease or rental within St. Lucie County by every person who rents, leases, or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, roominghouse, mobile home park, recreational vehicle park, or condominium for a term of six (6) months or less, unless such persons rents, 5tFuck tl ,FðU~¡' passages are deleted. Underlined passages are added. 2 <::) ::0 "" <::) <::) "" f-O c;-. (.oJ (.oJ '"U :I> U1 rrl r--.J ..0 c;-. o ~ ...., leases, or lets for consideration any living quarters or accommodations that are exempt according to the provisions of Chapter 212, Florida Statutes. (b) The tourist development tax shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes and fees and the consideration for the rental or lease. (c) The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time of payment for the consideration for such lease or rental. Section 1-19.3-31. Plan for Tourist Development. (a) Anticipated revenue. The tourist development tax shall be levied at a rate of four (4) percent of each dollar at the total consideration charged for leases and rentals subject to the tax. The anticipated net tourist development tax revenue to be derived by St. Lucie County for the twenty-four (24) months following the initial levy of the two cent (2<t) tax is six hundred twenty-four thousand dollars ($624,000.00), less costs of administration as retained by the Florida Department of Revenue. (b) Boundaries for tax district. The district in which the tourist development tax is levied shall include the entirety of St. Lucie County. (c) Proposed uses of revenue of the two (2) percent tax. The proposed uses of the tourist development tax revenue from the two (2) percent tourist development tax in the order of priority, are first, to provide a sports stadium and related facilities in St. Lucie County, and second, to promote and advertise tourism in St. Lucie County. (d) Expense allocation for two (2) percent tax. The tourist development tax revenue from the two (2) percent tourist development tax shall be allocated to providing a sports stadium and related facilities in St. Lucie County. (e) Proposed uses of revenue for the first additional one (1) percent tax imposed by Ordinance No. 87-82 effective January 1, 1988. The proposed uses of the tourist development tax revenue for the first additional one (1) percent tourist development tax imposed by Ordinance No. 87-82 are to promote and advertise tourism in St. Lucie County. Strud( througM passages are deleted. Underlined passages are added. 3 a ;rJ "" a a "" ..... 0' L-J L-J ""J CD G1 rrl "" -.J: 0' ..... II- ....I (f) Expenses allocation for the first additional one (1) percent tax imposed by Ordinance No. 87-82 shall be allocated to promoting and advertising tourism in St. Lucie County. (g) Proposed uses of revenue for the second additional one (1) percent tax imposed by Ordinance No. ~ 02-36 effective Februarv 1. 2003. The proposed uses of the tourist development tax revenue for the second additional one (1) percent tourist development tax imposed by Ordinance No. ~ 02-36 are to pay debt service on bonds issued to finance the construction, reconstruction or renovation of the St. Lucie County Sports Complex and to romote and advertise touris in St. ucie Coun and the State 0 lorida (h) Expense allocation for the second additional one (1'Yo) percent tax imposed by Ordinance No. ~ 02-36 effective Februarv 1 2003. The tourist development tax revenue from the second additional one (1) percent tourist development tax imposed by Ordinance No. 92-4-4 02-36 shall be allocated to pay debt service on bonds issued to finance the construction, reconstruction and renovation of the St. Lucie County Sports Complex and to ro ote and advertise to ris in t ucie Coun and the tate 0 lorida. PART B. CONFLICITNG PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART D. APPLICABILITY OF ORDINANCE This ordinance shall be applicable throughout St. Lucie County. ::;tF~ck thFðugn passages are deleted. Underlined passages are added. 4 o :oJ r.c o o "" I-' Cl' r.." tA -0 :r> Ci"1 rrI '" .0 a- N '\- -...J PART E. FILING WITH DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. FILING WITH DEPARTMENT OF REVENUE The County Attorney shall send a certified copy of this ordinance to the Department of Revenue, The Carlton Building, Tallahassee, Florida, 32301, within ten (10) days after approval of the Ordinance. PART G. EFFECTIVE DATE: TERMINATION This ordinance shall take effect upon filing with the Secretary of State. The fourth cent (4)11 cent) tax imposed and extended by this ordinance shall be in effect from February 1,2003 to January 31, 2018, both inclusive, unless extended by the Board. PART H. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes AYE Vice Chairman Paula A. Lewis AYE Commissioner John D. Bruh'n AYE Commissioner Doug Coward AYE Commissioner Frannie Hutchinson AYE PART I. CODIFICATION Provisions of this ordinance shall be incorporated in the County Code and the word . ordinance" may be changed to . section", 'article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention: provided, however, that parts B to I shall not be codified. StFUc!( tl ,Fð~9k passages are deleted. Underlined passages are added, 5 o ;;IJ "" c:J o "" ...... '" ...... ...... "'1J D '"' ['T' N ..0 0-- ...... "- ...., PASSED AND DULY ADOPTED this 17"' day of December, 200Z:- ~:,}~-~ ......;.-.... ....; ATTEST: -""'~ ,,0 U ,~'r7' h, " 'c;-~..,;;;'¡--~;~ 231 \.,~ \c,~ '-"( w1~ ." c:: ~~."!-' _.. ~:¥:cn '11'"'\ .~~/,.. J' \. I. ....... $I \:-: ;~.~'-?!.'!!~).~~.~..."''''' j ~CI~ coun¡\' """ BOARD OF COl!NT't.CÖ!MkISSIONERS - ........ '.{ - ST. LUCIE,:C<?9W"/;· f:!i-0R;J:DA ' BY '4;,;;;~'i;~/4~ . /' 0:.;,"./ ,~ ~ I cc:'- Chairma BY: ~tF~ck tl.F~Ug¡' passages are deleted. Underlined passages are added. 6 o :;c IJ: o o "" ..... '" '" '" -u :I) C"J rTl f'.J -D '" .p. .. ..,. 'Iw- -."J ORDINANCE NO. 03-12 AN ORDINANCE AMENDING CHAPTER 1-19.3, TAXATION, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, THEREBY AMENDING SECTION 1-19.3-30 OF ARTICLEm TOURIST DEVELOPMENT TAX, TO ADD AN ADDITIONAL ONE (1) CENT TOURIST DEVELOPMENT TAX PURSUANT TO SECTION 125.0104(3)(n), F .5. FOR A TOTAL OF FIVE (5%) PERCENT OF EACH DOLLAR AND MAJOR FRACTION OF EACH DOLLAR OF THE TOTAL CONSIDERATION CHARGED FOR EACH LEASE OR RENTAL WITHIN ST. LUCIE COUNTY BY EVERY PERSON WHO RENTS, LEASES, OR LETS FOR CONSIDERATION ANY LIVING QUARTERS OR ACCOMMODATIONS IN ANY HOTEL APARTMENT, HOTEL, MOTEL, RESORT MOTEL, APARTMENT, APARTMENT MOTEL, ROOMINGHOUSE, MOBILE HOME PARK, RECREATION VEHICLE PARK, OR CONDOMINIUM FOR A TERM OF SIX (6) MONTHS OR LESS, UNLESS SUCH ACCOMMODATIONS ARE EXEMPT ACCORDING TO THE PROVISIONS OF CHAPTER 212, FLORIDA STATUTES; FURTHER AMENDING SECTIONS 1-19.3-31 TO PROVIDE FOR THE PROPOSED USES AND EXPENSE ALLOCATION OF THE THIRD ADDITIONAL ONE (1) PERCENT TAX TO PAY DEBT SERVICE ON BONDS ISSUED TO FINANCE THE CONSTRUCTION, RECONSTRUCTION OR RENOVATION OF THE ST. LUCIE COUNTY SPORTS COMPLEX, A PROFESSIONAL SPORTS F ACIUTY AND TO PROMOTE AND ADVERTISE TOURISM IN ST. LUCIE COUNTY AND THE STATE OF FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY: PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE AND FOR TERMINATION, AND CODIFICATION. 7.1""-' CD ....·0 n .....:D OCDZ ., z: c.z:rn roC c.s:::r: .. ero aCDr f-''';3: ...........I> "J :z: '" - '''J af-'C"J L..JtJ1ï arn 0"::0 ....a:><: a'" ~a~ a::o - co:!: orn o :><:C"J - ¡.....¡.:;:::1 O"C"J "'c:: -0_ - "1J :DC"J ,",0 rne::: ::0 r·J --I "J "J , ....;¡ co :D - z: - r e::: n - rn C"J o c:: z: - -< - ::;t¡ ~d\ tJ.r~u9h passages are deleted. Underlined passages are added. 1 · ,. '. t '- ~ WHEREAS, the Florida Legislature amended Section 125.0104(3)(n), Florida Statutes (2002) to provide that the governing board of the county may levy, impose and set an additional one (1) percent tourist development tax by majority vote of the governing board in order to pay the debt service on bonds issued to finance the construction, reconstruction or renovation of a professional sports franchise facility and to promote and advertise tourism in St. Lucie County and the State of Florida nationally and internationally; and, WHEREAS, the St. Lucie County Sports Complex is a professional sports facility as contemplated by Section 125.0104(3)(n); and, WHEREAS, the Board previously adopted Ordinance No. 03-36 imposing the additional one cent (4th cent) tourist development tax which Ordinance expires on January 31, 2018 ; and, WHEREAS, a supermajority of this Board has determined that the levy and imposition of an additional one (1) percent (5th cent) tourist development tax for the purpose of paying debt service on bonds issued to finance the construction, reconstruction or renovation of the St. Lucie County Sports Complex and to promote and advertise tourism in the State of Florida is in the best interest of the health, safety and welfare of the citizens of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE m TOURIST DEVELOPMENT TAX OF CHAPTER 1-19.3 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED AS FOLLOWS: CJ ::0 <:C CJ CJ "" .... '" .p. --0 -0 :D û1 [T1 '" "J '" <:C Section 1-19.3-30. Levy (a) Subject to the provisions of this article and Section 125.014, Florida Statutes, there is hereby levied and imposed a tourist development tax at a rate of fot:lr (1) five (5'.) percent of each dollar and major fraction of each dollar of the total consideration charged for each lease or dollar and major fraction of each dollar of the total consideration charged for each lease or rental within St. Lucie County by every person who rents, leases, or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, roominghouse, mobile home park, recreational vehicle park, or condominium for a term of six (6) months or less, unless such persons rents, ::;tl uà through passages are deleted. Underlined passages are added. 2 \... """'" leases, or lets for consideration any living quarters or accommodations that are exempt according to the provisions of Chapter 212, Florida Statutes. (b) The tourist development tax shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes and fees and the consideration for the rental or lease. (c) The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee tenant or , , customer at the time of payment for the consideration for such lease or rental. Section 1-19.3-31. Plan for Tourist Development. (a) Anticipated revenue. The tourist development tax shall be levied at a rate of four (4) percent of each dollar at the total consideration charged for leases and rentals subject to the tax. The anticipated net tourist development tax revenue to be derived by St. Lucie County for the twenty-four (24) months following the initial levy of the two cent (24:) tax is six hundred twenty-four thousand dollars ($624,000.00), less costs of administration as retained by the Florida Department of Revenue. (b) Boundaries for tax district. The district in which the tourist development tax is levied shall include the entirety of St. Lucie County. (c) Proposed uses of revenue of the two (2'-0) percent tax. The proposed uses of the tourist development tax revenue from the two (2%) percent tourist development tax in the order of priority, are first, to provide a sports stadium and related facilities in St. Lucie County, and second, to promote and advertise tourism in St. Lucie County. (d) Expense allocation for two (2%) percent tax.. The tourist development tax revenue from the two (2'-.) percent tourist development tax shall be allocated to providing a sports stadium and related facilities in St. Lucie County. (e) Proposed uses of revenue for the first additional one (1 '-0) percent tax imposed by Ordinance No. 87-82 effective January 1, 1988. The proposed uses of the tourist development tax revenue for the first additional one (1 '-0) percent tourist development tax imposed by Ordinance No. 87-82 are to promote and advertise tourism in St. Lucie County. Strud( tl ,rðu~1 , passages are deleted. Underlined passages are added. 3 CJ "" "" CJ a '"' ..... a- ..". .0 -0 :D G"J rT1 rv "J rv .0 '. ' . Ï-. ..... ,.." (f) Expenses allocation for the first additional one (1 ~.) percent tax imposed by Ordinance No. 87-82 shall be allocated to promoting and advertising tourism in St. Lucie County. (g) Proposed uses of revenue for the second additional one (1 ~.) percent tax imposed by Ordinance No. 02-36, effective February 1, 2003. The proposed uses of the tourist development tax revenue for the second additional one (1) percent tourist development tax imposed by Ordinance No. 02-36 are to pay debt service on bonds issued to finance the construction, reconstruction or renovation of the St. Lucie County Sports Complex and to promote and advertise tourism in St. Lucie County and the State of Florida. (h) Expense allocation for the second additional one (1 ~.) percent tax imposed by Ordinance No. 02-36, effective February 1, 2003. The tourist development tax revenue from the second additional one (1 ~.) percent tourist development tax imposed by Ordinance No. 02-36 shall be allocated to pay debt service on bonds issued to finance the construction, reconstruction and renovation of the St. Lucie County Sports Complex and to promote and advertise tourism in St. Lucie County and the State of Florida. ill Proposed uses of revenues for the third additional one (17.) percent tax imposed by Ordinance No. 03-12. The proposed uses of the tourist development tax revenue for the third additional one (1~.) percent tourist development tax imposed by Ordinance No. 03-12 are to pay debt service on bonds issued to finance the construction reconstruction or renovation of the St, Lucie County Sports Complex and to promote and advertise tourism in St Lucie County and the State of Florida. ill Expense allocation for the third additional one (1~.) percent tax imposed bv Ordinance No, 03-12, Sixty-seven (677.) percent of the tourist development tax revenue from the third additional one 07.) percent tax shall be allocated to pay debt service on bonds issued to finance the construction reconstruction or renovation of the St, Lucie County Sports Complex The remaining thirty-three (337.) percent of the tourist development tax revenue from the third additional one (17.) percent tax shall only be allocated for capital facilities that promote tourism located in the St. Lucie County Fairgrounds and the area north of Midway Road Five hundred thousand and 0/100 ($500000001 dollars plus interest of the remaining thirty-three (337.) percent of the tourist tax revenue from the third additional one 07.) percent tax shall be allocated to construct a covered eouestrian arena at the St. Lucie County Fairgrounds, Since the imposition of the third additional one (17.) percent tax requires approval of a ma joritv plus one of the membership of the Board of County Commissioners the languaae concerning the expense allocation set out in this subparagraph Struck tLrðugh passages are deleted. Underlined passages are added. 4 o ::0 "'" o o '"' 1-' '" ..,. -.J "'U :t> en rn "J "J '-" o . ,.' . ," \,..r ~ shall not be modified except upon approval bva majority plus one of the membership of the Board of County Commissioners. PART B. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART D. APPLICABILITY OF ORDINANCE This ordinance shall be applicable throughout St. Lucie County. PART E. FILING WITH DEPARTMENT OF STATE The Clerk be and hereby is dire.cted forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. FILING WITH DEPARTMENT OF REVENUE The County Attorney shall send a certified copy of this ordinance to the Department of Revenue, The Carlton Building, Tallahassee, Florida, 32301, within ten (10) days after approval of the Ordinance. PART G. EFFECTIVE DATE; TERMINATION This ordinance shall take effect upon filing with the Secretary of State. The fifth cent (5'" cent) tax imposed by this ordinance shall be in effect from March 1, 2003 to January 31, 2018, both inclusive, unless extended by the Board. ~truck tl" ougl , passages are deleted. Underlined passages are added. 5 c:! ::>:J "" c:! c:! '" .... '" .,.. -D ." :I> c;') m N "J <..oJ .... . ..' .... \w ..",¡ PART H. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes AYE Vice Chairman Paula A. Lewis AYE Commissioner John D. Bruhn AYE Commissioner Doug Coward AYE Commissioner Frannie Hutchinson AYE PART I. CODIFICATION N ", C'J N W (!) <J: c- O' ..... '" M Provisions of this ordinance shall be incorporated in the County Code and the word ·ordinance" may be changed to ·section", ·article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to I shall not be codified. PASSED AND DULY ADOPTED this 28th day of January, 2003. "" <::I <::I "" 0:: <::I ~~\. .. ... ~'I/ "~ ·vO-I.!ii;1', .~! ff ~ ...,..'".... r ¡¡" S"_~ ,,'" t"'~:r "",."\".'1>. :- ~~ l ~._~~;~~~. ~...:;=.~, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ~ ., . - ~:~~'#;:...' ~-i:i?f.-::';: .' BY: . ;:;trucl( thr~ugh passages are deleted. Underlined passages are added. 6 .~ TO: AGENDA REQUEST ..." ITEM NO. ....£:..lL DATE: September 23.2003 CONSENT X] REGULAR [ PUBLIC HEARING [] Leg. [ Quasi -JD. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: -L1-^, ~+, rJ"nt"f Writer Authorize the County Administrator to sign the grant applications to the St. Lucie River Issues Team for grant funds for acquisition and restoration of lands along Ten Mile Creek, construction of stormwater facilities at Paradise Park and Harmony Heights and development of a Best Management Practice demonstration site. SUBMITTED BY (DEPT): Administration - Grants SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOIIMBNDATION: COMMISSION ACTION, [XJ [ J APPROVED OTHBR, Approved (3·0) Bruhn, Barnes· Absent J/ County AttorneYI Originating Deptt Pinance. County staff plans to submit several applications to the St. Lucie River Issues Team. After review of the ranking criteria and timing of permitting and construction of the project, staff recommends that the Board approve the following ranking of the projects: Acquisition and restoration of lands along Ten Mile Creek, Stormwater Retrofit for Paradise Park, Best Management Practice Demonstration Site, Stormwater Retrofit for Harmony Heights. Thus, staff recommends that the Board approve the submittal of the applications and the rank proposed above. Although three of the four projects were submitted last year, the State budget did not include funds for the program. The Issues Team applications are due October 1 and will not be fully funded until after the Governor signs next year's budget. Matching dollars for Ten Mile Creek will come from FCT and a DEP 319 restoration grant. The $300,000 match for Paradise Park is in account #102001-3725-563000-42511 and the $900,000 match for Harmony Heights is in #102001-3725-563000-42507. Project management will be the match for the Best Management Practice demonstration site. Although the Board authorized submittal of three of the four grants last year, the Issues Team program was not funded in last year's state budget. Staff recommends that the Board authorize the County Administrator to sign the grant applications and the proposed ranking to the St. Lucie River Issues Team for grant funds for acquisition and restoration of lands along Ten Mile Creek, construction of stormwater facilities at Paradise Park and Harmony Heights and development of a Best Management Practice demonstration site. CONCURRENCE. DENIED /' Doug1 f"1r\. Count Coordination/Si natur Mgt , Budget I WJ Public Worksl AgeSLRIT03.doc Purcbaøingl Other I . '-' "wII ~ ~ ¡¡> <l 7'0 ~ -90' ~ (fJ ~ \> ~ ~¡ J' ,~d ,WI V . ~ * roJ ~ :J --: ::p 0 s: .Q c-· (t!. .co CD g = S>? g¡, -<!' 0 "'" ~ q '3æ -0 ^ (3 :rJ <5 m :3 ~ <D Q ::J '" ~~ -U C) ~ ::J o (;;.¡¡o () ~:¿: 9'. ro ~ s:: % ~ :rJ Q. -g +z Jenkins ~ 0\\~ 0\).<¿~<¿S :\ ~0~\;Ö \).00 f()'6 \).<¿\9\).\ . (¡¡ z+ - ro 5:_ ü oð.~ 0 c~ 00.. .-- -c ~(l) BE 0 CIJ(l) 0» lO a:e co ",,0. OJE II OJ- ~ u£ ~ OJãi ¡¡; =:J :2'0 ãi '-' c (f) OJ I- '-' 'WI ST. LUCIE COUNTY ENGINEERING DIVISION PARADISE PARK SUBDIVISION STORM WATER MASTER PLAN GENERAL The Paradise Park subdivision is located in St. Lucie County, Florida, in Section 33, Township 34 South, and Range 40 East. It comprises a drainage area of 175.6 acres. The basin is drained primarily by the C-25 and Ft. Pierce Farms Canal #1 along the south and north boundaries of the subdivision. Figure I and 2 are vicinity maps of the Paradise Park subdivision. " :¡;; " " " :J '" " ~ 0 L3kewood Pad :J :Þ < " O\Aking Indrio Rd <:ill) ·Olndrio o Queens COy. o Fort f'iK&e. North St Lucie Blvd o Saint Lucie o Fort PieRe Shores o Harmony HeivN:s o PaJ'ildise hrk Alglevillaso 'I>"'~ o Sunland GardMs CD q,.~ " " ~ Orange Ave @FortPierce <I> ~ 9:\ Q @ (J) ~ " :J ~ :j' " ::u Q. Georgia Ave o Glidden Pad! @ @ @ @ o Cortez Estilllts . "6 . ;oee P. (j<ee~'r'P .. ° Fort pjlH'C~ South ,2.0km '1.5m; m2002 Yahoo!" Œl2002 GDT he Figure 1 Location of Paradise Park subdivision 1 '-' ...., > . , . " , 1 l '- . " ': ~. Figure 2 Paradise Park Subdivision Aerial PROJECT OBJECTIVES The St. Lucie County Engineering Division has secured the services of PBS&J, under the provisions of a Continuing Engineering Services Contract, for the development of a Storm Water Master Plan for the Paradise Park subdivision. Although there are no plans for paving all the subdivision streets at this time, St. Lucie County Engineering wishes to provide the drainage inrrastructure that can accommodate the eventual asphalt surfacing of all roads in the subdivision with millings. The purpose of this project is to assess the existing drainage pattems or flooding conditions in the subdivision, and to design a storm water management system that can accommodate a 10- year drainage level of service (LOS). The storm water management elements will be 2 '-' ....", systematically arranged for the development of a Storm Water Master Plan including various phases of implementation. Plans and specifications, preliminary cost estimates of construction, and a South Florida Water Management District (SFWMD) permit application have been prepared for the Master Plan. Elements of the Master Plan include: · Design of drainage swales along the subdivision's streets for conveyance of runoff to storm water detention and treatment facilities. · Design of storm water runoff treatment facilities including dry detention ponds and associated hydraulic control structures. · Design of drainage improvements to a portion of the existing Juanita Street ditch system. · Design of control structures for discharge of treated runoff to the C-25 and Ft. Pierce Farms Canal #1. The selected and proposed dry detention facilities will be designed to have a "passive" dual use of recreation use. These facilities will be significant in size and have an alternate use as locations for field sports such as soccer, football, and/or baseball. Figure 3 and 4 show the locations of the proposed storm water ponds (dry detention ponds and athletic fields). 3 \w' ..., Best Management Practice Demonstration Project The U.S. Environmental Protection Agency (EP A) developed the federal National Pollutant Discharge Elimination System (NPDES) stormwater permitting program in two phases. Phase I, promulgated in 1990, addresses the following sources: . "Large" and "medium" municipal separate storm sewer systems (MS4s) located in incorporated places and counties with populations of 100,000 or more, and . Eleven categories of industrial activity, one of which is large construction activity that disturbs 5 or more acres ofland. Phase II, promulgated in 1999, addresses additional sources, including MS4s not regulated under Phase I, and small construction activity disturbing between I and 5 acres, which must be permitted beginning in 2003. In October 2000, EPA authorized the Florida Department of Environmental Protection (DEP) to implement the NPDES stormwater permitting program in the State of Florida (in all areas except Indian Country lands). DEP's authority to administer the NPDES program is set forth in Section 403.0885, Florida Statutes (F.S.). The NPDES stormwater program regulates point source discharges of stormwater into surface waters of the State of Florida rrom certain municipal, industrial and construction activities. As the NPDES stormwater permitting authority, DEP is responsible for promulgating rules and issuing permits, managing and reviewing permit applications, and performing compliance and enforcement activities. As a component of the NPDES program individual counties are responsible for delivering public education and out reach programs. These programs are designed to provide Best Management Practices to prevent discharges of polluted stormwater into the St. Lucie Estuary and the Indian River Lagoon. To fulfill the educational requirements a matrix of Best Management Practices was established. As part of the matrix, educational outreach was directed at residential homeowners, commercial agriculture interests as well as the construction industry. To effectively execute the mandated BMP's, it has been determined that educational material and display sites should be established. The educational material will be in the form of professionally produced brochures and posters. The brochures will be distributed to the residents through local mailings, and hopefully placed in local retail outlets including automotive parts stores and oil change rranchises. The posters will be a Series of creative and comical concepts displaying ways to prevent polluted stormwater runoff. A display site to exhibit proper construction methods to prevent sediment runoff from construction sites will also be established in accordance with NPDES construction site specifications._These display's site will include a temporary sediment basin, entrance/exit controls, silt fencing, berms as well as non constructional controls such as sodding and seeding for stabilization. The display site will be established on the grounds of the St. Lucie County Extension Campus which is home to the Windstorm Damage Mitigation Training and Demonstration Center (a.k.a. The Hurricane House). The Hurricane House serves as the Treasure Coast regional facility to disseminate information related to all aspects of enhancing the wind resistance of existing and new housing. Grant Request Funds Brochures & Posters - $5,000.00, Postage - $500.00, Display Site - $5,000.00 Total Amount - 10,500.00, No matching funds other than office assistance and project management. _6'_ _ .... ..... ~m " , , " {~Ë .P .j''':'' ,~I,:sJ'11 1ì / ]1 ,.. I O,S; 'N."~S' II I, ¡I ,1:1 ~.:r.¡..:: 'I S""~ R.t 'I 11=" ; i'l L,o 'II 1'1 ,Q) '!: ' I II I hI' H , ,. -. ~ :-;.2'lhSI ¡ ¡I'/ C ./,,/ -~.~ /:;-~ ¡'~{ ::::::-"'-- .:Jl..J . '.1 . .\,.;:/-~ C l"I'[ ~. 'i' ..-,/ _____ t .1 .. \ ( """ /V \' .)'0' i \. _._ ......~ '\ I ST. LUCIE COUNTY HARMONY HEIGHTS NO )Oft 0E\0S>DtI ~~""'" -~. ENOIHEERS & SCIEHTlSTS, I~ :000 t. £DCooo~ DArot. lJ'<Cl.ANO. fl. ueo» PI<Ot«, (143) U1-2,S4~ W[9S1T(,.....-9C'~,",.., fB_OOO1M1 o , 'i , STORMWATER MASTER PLAN VICINITY MAP AND PHASINC /' '-' """'" , AGENDA REOUEST ITEM NO. C-12 ;¡;¡.~u@'~~<-.. ' COUNTY , FLORIDA - DATE: September 23, 2003 REGULAR [ I PUBLIC HEARING [ ) CONSENT [X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Services Beth Ryder, Director SUBJECT: Approval of Resolution No, 03-248 adopting the St, Lucie County Policy for disposition of uncialmed or Indigent bodies. BACKGROUND: Florida Statutes require each County to be responsible for the disposition of unciaimed or indigent people wbo die witbin the County. Since 1984, the policy has been followed witb no increase in the amount paid, and over the years, the funeral homes have absorbed the additional rising expenses. In order to maintain costs, staff is requesting authority, as allowed by Florida Statute 406.52, to authorize cremations. The fee would remain the same for all cremation services as has been in place since 1984, 5500.00. There would be a significant increase for burial services from $600.00 to $1200.00. The new cremation policy will significantly decrease the number of burials, because the proposed policy requires cremations unless the body is unidentified, directed by the Medical Examiner or in the case of exception by a relative. FUNDING AVAIL: 001- 6420- 549004 - 600 (pauper BurIals) PREVIOUS ACTION: N/A RECOMMENDATION: Approval of Resolution NO. 03-248 adopting the St. Lucie County Policy for disposition of unclaimed or Indigent bodies. COMMISSION ACTION: . ~. APPROVED [) DENIED [ ) OTHER: CONCURRENCE: Approved (3·0) Bruhn, Barnes· Absent .~ County Attorney: x Originating Dept. ~ Review and AoorovaIs Management & Budget: vnIt!Y,M!-nurchaSing: Other: ~ '-' ""'" RESOLUTION NO. 03-248 A RESOLUTION ADOPTING ST. LUCIE COUNTY POLICY FOR DISPOSITION OF INDIGENT AND UNCLAIMED BODIES WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. Section 406.52, Florida Statutes, (2002), requires the County to assume responsibility for the burial or cremation of unclaimed bodies when the death occurs within the County and the State of Florida Anatomical Board does not accept the body; and, 2. Section 406.52 further designates the Board of County Commissioners as a legally authorized person as defined in Section 470.002, Florida Statutes (2002), for the purposes of authorizing cremation of such bodies; and, 3. In addition to the burial or cremation of unclaimed bodies, the County has for many years also provided burial and cremation services for indigent persons who die in the County; and, 4. The current fees paid to funeral homes for burial and cremation services were approved in 1984; and, 5. It is appropriate to adopt a policy regarding the disposition of indigent and unclaimed bodies in S1. Lucie County in order to adjust the fee schedule to more closely reflect the cost of these services and formalize procedures for the approval of burial and cremation expenses. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: I. This Board does hereby accept designation itself as the legally authorized person as defined in Section 470.002, Florida Statutes, for the purposes of authorizing cremation ofindigent '-' ...." and/or unclaimed bodies. This Board further appoints the St. Lucie County Community Services Director to act as its designee in such matters. 2. This Board does hereby adopt the "St. Lucie County Policy for Disposition of Unclaimed and Indigent Bodies" attached hereto and incorporated herein as Exhibit "A". 3. This resolution shall take effect on the date of its adoption. After motion and second the vote on this resolution was as follows: Chairman Cliff Barnes XX Vice Chairman Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX Commissioner John D. Bruhn XX PASSED AND DULY ADOPTED this 23rd day of September, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY g:\attylresoltn\2003\03-248. wpd '-' ....." ~ -..UE!'~ . COUNTY " F LOR IDA St. Lucie County Cremation / Burial Policy and Procedures I. POLICY SI. Lucie County provides burial and cremation services in accordance with Florida Statutes for services with local funeral homes for the cremation and burial of unclaimed and indigent bodies. The coordination of burial and cremation services shall be handled through the SI. Lucie County Community Services Division. Community Services shall make reasonable efforts to locate any of the decedent's relatives and a diligent search will be made to identify assets of the deceased to pay for costs associated with the final disposition of the body. Unless waived by the Community Services Director or designee, only the bodies of persons who die in SI. Lucie County shall be considered to be the responsibility of SI. Lucie County. Unless otherwise directed by the Medical Examiner's Office, all bodies, except for those unidentified, will be cremated. In the absence of a family member, relative or other designee of the deceased, the Medical Examiner and/or Community Services Director is authorized to sign the approval for cremation. Should relatives of the deceased oppose cremation, they will be allowed to pay the funeral home and cemetery directly for the additional cost incurred for burial. The County cost will be limited to the payment for cremation. When it is deemed to be in the best interest of SI. Lucie County and not in conflict with Florida Statutes, the Community Services Director or designee shall have the authority to develop appropriate procedures regarding the burial and/or cremation of bodies that are the responsibility of SI. Lucie County and to make exceptions to this administrative regulation. II. PROCEDURES The Community Services Division will maintain internal operational procedures for implementation of this administrative regulation and for working with funeral homes, the community, other SI. Lucie County departments, state agencies, and other interested parties. A. Medical Examiner's Office: The SI. Lucie County Medical Examiner's Office will refer unclaimed bodies to the designated funeral home according to the procedures established with the Community Services Director. B. Oversight and Records: The Community Services Director will provide oversight for the fiscal management, operational activities, and program records. '- ..",; SLC Cremationl Burial Policy and Procedures Page 2 C. State Anatomical Board: Unclaimed bodies meeting the requirements of the Anatomical Board of the State of Florida shall be offered to the Anatomical Board as required by Chapter 245, Florida Statutes and will become the responsibility of the State Anatomical Board for disposition. D. Claiming a Body: Nothing in this regulation nor in the procedures promulgated hereunder shall prevent relatives or others from taking responsibility for a body at any time. E. Disinterment: Relatives requesting disinterment for a burial authorized by St. Lucie County will pay all fees to cover all costs associated with said removal. F. Verification of Request for Services: Upon receipt of a request for assistance with indigent burial expenses, the Division of Community Services shall investigate the request and verify the information accompanying the request. An investigation of the request for payment may involve assessment of, but not limited to, the following: a. Past employers b. Past landlords c. Schools d. Department of Health and Human Services e. Department of Veteran Affairs f. Social Security Administration f. Assets g. Banking institutions i. Nursing Homes j. Insurance Companies k. Friends or acquaintances of the deceased A request for assistance may be initiated by a relative, or other individual, an undertaker, a nursing or boarding home, a hospital, an institution, or a local law enforcement agency. G. Eligibility: A resident or non-resident, declared to be indigent, is eligible for an indigent cremation in the event of death in St. Lucie County. The Division of Community Services shall request that all hospitals and nursing homes operating in St. Lucie County identify non-county residents admitted to the institution, and in the event of death of the non-county resident, notify the Division of Community Services. The Division of Community Services shall then transmit a request for assumption of indigent burial payment to the county of residence. H. Insurance: The County will not accept a case if death benefits from insurance, donations, or any other funds are equal to or exceed County indigent cremation payments. '-' -.,.,¡ SLC Cremation! Burial Policy and Procedures Page 3 I. Inpatient Accounts: If death occurs while the deceased is a patient in a nursing home, the County shall request that the nursing home notify the Division of any funds which may have accumulated in the inpatient account. The County shall consider such funds in assessing the indigence of the deceased. If these funds exceed or are equal to County indigent cremation payments, the County will not accept the case. If funds are less than or equal to the eligible costs, the County will pay the difference between the funds available and the eligible costs. J. Other Death Benefits: If the deceased is eligible for any other death benefits, including, but not limited to, railroad retirement and!or union death benefits, which exceed or are equal to County indigent burial payments, the County will not accept the case. K. Reimbursements: The County will file for reimbursement of burial expenses from available sources, including inpatient accounts, banking institutions and any other source. L. Payment Schedule for Funeral Home Services: The maximum amounts that the County will pay for services are as follows: o - 24 months: Over 2 years: $ 35.00 $ 500.00 M. Participating Funeral Homes: Any licensed full service St. Lucie County funeral home may request to be placed on the rotation schedule for participation in the indigent cremation and burial program. During it's scheduled months on the rotation, a participating funeral home agrees to accept all County approved indigents for burial. Refusal of an approved indigent, during a rotation period, may result in exclusion from the program. N. Funeral Home Services: A participating funeral home shall provide the following services: a. Professional service b. Removal of remains from the place of death c. Cremation or professional embalming or otherwise preserve until internment d. Cremation certificate o. Payment Schedule for Casket and Concrete Grave Liner: o - 24 months: Over 2 years: $ 10.00 $250.00 ..... ..,." SLC Cremationl Burial Policy and Procedures Page 4 P. Payment Schedule for Cemetery Plots: The maximum amounts that the County will pay for cemetery lots including opening and closing of the grave are as follows: o - 24 months: Over 2 years: $ 100.00 $ 450.00 Q. Participating Cemeteries: Any licensed cemetery in St. Lucie County may request to be placed on the rotation schedule for participation in the indigent burial program. During the scheduled months on the rotation, a participating cemetery agrees to inter all County approved indigents. Refusal of an approved indigent during a rotation period for other than good cause, may result in exclusion from the burial program. This policy will become effective upon approval by the Board of County Commissioners. S1. Lucie County Community Services 437 North 7th Street Fort Pierce, Florida Phone: (772) 462-1777 Approved: G:\BurialsIPOLICY\Draft 8.08.03 POLICY AND PROCEDURES 2003.wpd "hr ...., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS JOHN D. BRUHN DISTRICT 1 DOUG COWARD DISTRICT 2 PAULA A. LEWIS DISTRICT 3 FRANNIE HUTCHINSON CLIFF BARNES DISTRICT 4 DISTRICT 5 AGENDA September 23, 2003 1. MIJ\TUTES Approve the nllnutes of the meeting held September 9, 2003. Approve the nllnutes of the Tentative Budget Public Hearing on September 11, 2003. 2. GENERAL PUBUC COMMENT CONSENT AGENDA 1. WARRANTS USTS Approve Warrants list No. 50and No. 51 2. PURCHASING Second Amendment to Contract No. COI-I0-077 with Vector Disease Control Inc. - Consider staff recommendation to approve the amendment and authorize the Chairman to sign the amendment as prepared by the County Attorney. NOTICE: All proceediogs before this Board are elec1ronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need arecordofthe 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. My party to the proceecings will be granted an opportunitytocross·examine any individuallestlfying during a hearing upon request. Anyonewith acisability requiring accommodation to attend this meeting should conlact the 51. Lucie County Community Services Manager at (772) 462·1m or TOO (772) 462·1428 alleasl forty-eight(48) hours prior 10 1he meeting. '-' .... MOSQillTO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA TENTATIVE BUDGET PUBLIC HEARING FISCAL YEAR 2003-2004 Date: September I 1, 2003 Tape: 1 Convened: 6.30 p.m. Adjourned: 6:32 p.m. Commissioners Present: Chairman John D. Bruhn, Paula A. Lewis, Frannie Hutchinson, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Jim David, Mosquito Control Director, Dan McIntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk 1. The Mosquito Control Board was convened 2. Public Hearing/Public Comments None 3. The Management and Budget Director read the millage and budgets for the Mosquito Control District as follows: MOSQillTO CONTROL FUNDS MILLAGE BUDGET Operating Funds Mosquito State 1 0.2757 3,135,477 46,945 4. Board Discussion None 5. It was moved by Com. Barnes, seconded by Com. Coward, to adopt the tentative millage for fiscal year 2003-2004; and upon roll caU, motion carried unanimously. 6. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve the tpntative budget. for liseal year 2003-2004; and, upon roll call, motion carried unanigwuslýt ;rhere ~fJD'fiffther business to be brought before the Board, the meeting was ~journedt.' Chairman Clerk of Circuit Court , "" '-' """ MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Datc: September 9, 2003 Tape; I Convened: II :25 a.m. Adjourned: II :26 a.m. Commissioners Present: Chainnan, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator, Ray Wazny, Ass!. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Paul Phillips, Airport Director, Millie Delgado-Feliciano, Deputy Clerk l. MINUTES It was movcd by Com. Barncs, scconded by Com. Coward to approve thc minutes of the mceting held August 26, 2003; and, upon roll call, motion carried unanimously. GENERAL PUBLIC COMMENTS Nonc 2. CONSENT AGENDA (2-1776) It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. I. WARRANT LIST Thc Board approvcd Warrant List 48, 49. 2. COUNTY ATTORNEY Bear Point Mitigation Bank/ Work Authorization No.2 (C03-05-395) with Hazen & Sawyer Enginee4rs, P.c. for Pcrfonnancc Verification and Construction Certification- The Board approved the proposed Work Authorization and authorized the Chainnan to execute the Work Authorization. 3. MOSQUITO CONTROL Indi'ln River l.agoon License Platc Progl"Hm FY 2003 Grant Aeeeptanee- The I!oanl approved accepting the grant in the amount 01" $5J,4')OAO and :lutlll1rized the Clwinnan to cxecutc the agrecmcnt pcnding County Attorney review and approval. .¡. l'URCII¡\SIN(ì IFB No. OJ-081/Purchasc 01" Corrugatcd Aluminulll Pipc & Bands- The Board approvcd awarding the bid to Metal Culverts, Inc., as the primary vendor and Contech Construction Products as the secondary vendor, and authorized the Chainmm to sign the contract as prepared by the County Attorney. ;:. ~ '-' """ There being no further business to be brought before the Board, the meeting was adjourned. Chairnlan Clcrk of Circuit Court 09/22/03 F~A.BWARR FUND 145 146 '"" ST. LUCIE COUNTY - BOARD ..." WARRANT LIST #51- 13-SEP-2003 TO 19-5EP-2003 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund Mosquito State I Fund GRAND TOTAL: EXPENSES 31,590.02 11.79 31,601.81 PAGE 1 PAYROLL 0.00 0.00 0.00 ~ 09/12/03 F'7.ABWARR FUND 145 146 \w' ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #50- 05-SEP-2003 TO 12-SEP-2003 FUND SUè~Y- MOSQUITO TITLE Mosquito Fund Mosquito State I Fund GRAND TOT.J>.L: EXPENSES 14,775.11 500.34 15,275.45 PAGE 1 PAYROLL 28,527.50 0.00 28,527.50 -- L ,..' ..., ITEM NO. C-2 DATE: 9/23/03 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Second Amendment to Contract No. C01-10-077 with Vector Disease Control Inc. BACKGROUND: On October 1, 2001 the Board of County Commissioners entered into a agreement through September 30, 2002 with Vector Disease Control Inc for aerial adulticiding services for Mosquito Control Department. The Board approved the first amendment on August 27, 2002. Staff is now recommending that the Board authorize the second amendment. FUNDS AVAilABLE: PREVIOUS ACTION: On August 27, 2002 the Board of County Commissioners approved the first amendment through September 30, 2003. RECOMMENDATION: Staff recommends approval of the second amendment to contract C01-10-077 with Vector Disease Control Inc, and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: ~] APPROVED [] DENIED '[ ] OTHER: CONCURRENCE: Approved (3·0) Bruhn, Barnes· Absent ~ Coordination/Sianatures County Attorney:(X) ~1Js. Mgt. & Budget () Purchasing Mgr.:(X) ~( Originating Dept:: Other: Other: Finance: (Check for Copy only, if Applicable) .. ; ~ ....., SECOND AMENDMENT TO OCTOBER 1, 2001 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND VECTOR DISEASE CONTROL, INC. THIS SECOND AMENDMENT made this _ day of , 2003, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a political subdivision of the State of Florida (County) and VECTOR DISEASE CONTROL, INC., or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on October 1, 2001, the parties entered into an Agreement which provided for the Contractor to provide aerial adulticiding services on a "as needed" basis to the District, hereinafter referred to as the "Contract"; and WHEREAS, on August 27, 2002, the parties executed the First Amendment to the Contract extending the terms and conditions through and including September 30, 2003; and WHEREAS, the parties desire to extend the term of the Agreement for the second of two one-year renewal terms and modify the insurance requirements. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM OF CONTRACT of the Contract shall be amended to read as follows: 6. TERM OF CONTRACT The term of this Agreement shall be through and including September 30, 2004 and can be renewed for one additional one- year extension at no increase in price upon the mutual written consent of the parties, subject to the same terms and conditions as set for in this Contract. 1 · I " ....", 2. Paragraph 14. INSURANCE of the Contract shall be amended to read as follows: 13. INSURANCE The Contractor shall procure and maintain during the life of this Contract insurance of the types and subject to the limits set forth below. The Contractor shall also provide the District with evidence of this insurance in the form of Certificates of Insurance, which shall be subject to the District's approval for adequacy. The District shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the contractor, it shall be the responsibility of the contractor to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Workers' Compensation insurance providing Florida Statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage. B. COMMERCIAL GENERAL LIABILITY/AIRCRAFT LIABILITY The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Commercial General Liability or Aircraft Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000 per occurrence, for claims of bodily injury including death, property damage and personal injury. 3. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: CLERK CHAIRMAN 2 · .. '- ...., APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES VECTOR DISEASE CONTROL, INC. By: AUTHORIZED REPRESENTATIVE Print Name: Title: 3