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Home My WebLink AboutAgenda Packet 12-18-01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ).r -wi PART B. 5~ ' ,??VIS(OÝ\ 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Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict.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 affecttheremaining 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 applicabiHtytoany other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout SlLbucteCounty's jurisdiction. PART E. FILING WITH THE PJ:PARTIVIENT OF S'fATE. The Clerk be and is hereby direotèd forthWitfu to send:acertified copy of this ordinance to the Bureau of Administrative Çod~å.nd LaW$j!E1>~partment of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on Match 1,.2002, t that the provisions oUfueresidèntial swimming pool safety requirementsoHt)e'Florida .. ingCode, Section 424.2j(elatingto private swimming pools, andthe Basic Wind S Zones for St. Lucie Coun!y_~s described in Section 13.00.01 (8)(4)(1 04.2.8), shaJí tak ect January 1, 2002. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: -------------------------------- Underline is for addition Gtlil<t Tl.lol:Ign is for deletion Ordinance #01-oo3f Dralt#3 Page 39 PRINT DATE: 12/18/101 · Legal - Declaratory Statemtents Commission Home code news Ii n ks: senate bill 52-C "-' ...." Florida Department of Community Affairs Governor Signs Bill into law: December 17,2001 Last Updated 12/17/2001 Governor Jeb Bush signs Senate Bill 52C into law 12/17/2001, and it will be filed with the Secretary of State's office after 3 p.m. today. The bill does the following: - Delays the effective date of the Florida Suilding Code to March 1, 2002. - Allows the residential swimming pool regulations to take effect on January 1 , 2002. - Sets January 1, 2002, as the deadline for local adoption of wind speed ordinances to determine the exact location of the wind lines according to local landmarks - Provides that, for those jurisdictions which have not adopted an ordinance by January 1, 2002, the Department will adopt a map setting the location of the wind speed lines for that jurisdiction which will govern for 60 days after the adoption of the local ordinance. - Authorizes design professionals who have projects in design in anticipation of the January 1, 2002, effective date, to have their projects governed by the Florida Building Code. - Extends the deadline for formerly USCI-certified plans reviewers and inspectors to apply for Jimited licenses with the SCAIS to March 1, 2003. - Extends to February 28, 2003, the deadline for insurance companie9"te- make rate filings which include credits, discounts or other rate differentials based upon the Florida Building Code. http://www.dca.state.fl.us/fhcd/fbc/thecode/code_news.htm Page 1 of I '6'Aw.Fbi~or9 Code Orders Tr~ A£œsäy hs Code~ ~r~Building:¡ Code.pretaliœs OWad·lJs ~~. ßn..~~At~~ 12/18/2001 '-' .."., ENROLLED 2001 Legislature SB 52-C, 2nd Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 An act relating to the Florida Building Code; amending s. 553.415, F.S.; delaying the date for inclusion of the Uniform Code for Public Education Facilities in the Florida Building Code; providing an effective date for the Florida Building Code; amending s. 135 of ch. 2000-141, Laws of Florida, and ss. 62(2) and 68 of ch. 98-287, Laws of Florida, as amended; delaying the amendment, repeal, and transfer and renumbering of specified sections of the Florida Statutes; amending s. 627.0629, F.B.; delaying a deadline by which insurance companies are required to make certain rate filings; providing for the adoption of an administrative rule; providing for the treatment of permit applications submitted before the effective date of the code; requiring local jurisdictions to enact ordinances establishing wind speed lines; requiring that the Department of Community Affairs adopt an emergency rule under certain circumstances; specifying the effective date of the residential swimming pool safety requirements of the Florida Building Code; amending 8. 468.609, F.S.; extending the deadline to apply for a limited certificate as a building code administrator, plans examiner, or inspector; expanding the list of eligible persons who may apply for the certificate; 1 CODING:Words stricken are deletions; words underlined are additions. '-" 'rttIfI ENROLLED 2001 Legislature SB 52-C, 2nd Engrossed 1 2 3 4 Be It Enacted by the Legislature of the State of Florida: providing for the application of the act; providing an effective date. 5 6 Section 1. Subsections (1), (5), (8), and (11) of 7 section 553.415, Florida Statutes, are amended to read: 8 553.415 Factory-built school buildings.-- 9 (1) It is the purpose of this section to provide an 10 alternative procedure for the construction and installation of 11 factory-built school buildings designed or intended for use as 12 school buildings. As used in this section, the term 13 "factory-built school building" means any building designed or 14 intended for use as a school building, which is in whole or in 15 part, manufactured at an offsite facility in compliance with 16 the State Uniform Code for Public Educational Facilities and 17 Department of Education rule, effective on January 5, 2000. 18 After March Janua~~ 1, 2002, the Uniform Code for Public 19 Educational Facilities shall be incorporated into the Florida 20 Building Code, including specific requirements for Public 21 Educational Facilities and the Department of Education rule, 22 effective on January 5, 2000. For the purpose of this 23 section, factory-built school buildings include prefabricated 24 educational facilities, factory-built educational facilities, 25 and modular-built educational facilities, that are desìgned to 26 be portable, relocatable, demountable, or reconstructible; are 27 used primarily as classrooms or the components of an entire 28 school; and do not fall under the provisions of ss. 29 320.822-320.862. 30 (5) The department, in accordance with the standards 31 and procedures adopted pursuant to this section and as such 2 CODING:Words stric:kel1 are deletions; words underlined are additions. '-' ..,.¡ ENROLLED 2001 Legislature SB 52-C, 2nd Engrossed 1 standards and procedures may thereafter be modified, shall 2 approve or reject such plans, specifications, and methods of 3 construction. Approval shall not be given unless such plans, 4 specifications, and methods of construction are in compliance 5 with the State Uniform Building Code for Public Educational 6 Facilities and department rule. After March Jð.¡,Uð.ly 1, 2002, 7 the Uniform Code for Public Educational Facilities shall be B incorporated into the Florida Building Code, including 9 specific requirements for public educational facilities and 10 department rule. 11 (B) Any amendment to the State Uniform Code for Public 12 Educational Facilities, and after March Jan~ð.~Y 1, 2002, the 13 Florida Building Code, shall become effective 1BO days after 14 the amendment is filed with the Secretary of State. 15 Notwithstanding the lBO-day delayed effective date, the 16 manufacturer shall submit and obtain a revised approved plan 17 within the 1BO days. A revised plan submitted pursuant to 1B this subsection shall be processed as a renewal or revision 19 with appropriate fees. A plan submitted after the period of 20 time provided shall be processed as a new application with 21 appropriate fees. 22 (11) The department shall develop a unique 23 identification label to be affixed to all newly constructed 24 factory-built school buildings and existing factory-built 25 school buildings which have been brought into complian~~-with 26 the standards for existing "satisfactory" buildings pursuant 27 to chapter 5 of the Uniform Code for Public Educational 28 Facilities, and after March J~u~ar} 1, 2002, the Florida 29 Building Code. The department may charge a fee for issuing 30 such labels. Such labels, bearing the department's name and 31 state seal, shall at a minimum, contain: 3 CODING:Words ~LLicke¡, are deletions; words underlined are additions. '-' ..." ENROLLED 2001 Legislature SB 52-C, 2nd Engrossed 1 2 (a) The name of the manufacturer. (b) The standard plan approval number or alteration 3 number. 4 (c) The date of manufacture or alteration. 5 (d) The serial or other identification number. 6 (e) The following designed-for loads: lbs. per square 7 foot live load; lbs. per square foot floor live load; lbs. per 8 square foot horizontal wind load; and lbs. per square foot 9 wind uplift load. 10 (f) The designed-for flood zone usage. 11 (g) The designed-for wind zone usage. 12 (h) The designed-for enhanced hurricane protection 13 zone usage: yes or no. 14 Section 2. Notwithstanding any other provision in 15 chapter 2001-186, Laws of Florida, the effective date of the 16 following sections of chapter 2001-186, Laws of Florida, is 17 changed to March 1, 2002: sections 25, 26, and 27. 18 19 20 21 22 23 24 25 26 Section 4. Notwithstanding any other provision in 27 chapter 2001-186, Laws of Florida, the effective date of the 28 following sections of chapter 98-287, Laws of Florida, as 29 amended by chapter 2000-141, Laws of Florida, as amended by 30 chapter 2001-186, Laws of Florida, is changed to March I, 31 Section 3. Notwithstanding any other provision in chapter 2001-186, Laws of Florida, the effective date of the following sections of chapter 2000-141, Laws of Florida, as amended by chapter 2001-186, Laws of Florida, is changed to March 1, 2002: sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 36, 39, 44, 47, 48, 49, 52, 54, 56, 58, 59, 60, 62, 70, 71, 72, 75, 79, 81, 84, 66, 67, 86, 91, 92, 93, 94, and 99. 4 CODING:Words stricKeIL are deletions; words underlined are additions. '-' .....,¡ ENROLLED 2001 Legislature SB 52-C, 2nd Engrossed 1 2002: sections 1, 2, 4, 5, 7, 9, 13, 14, 15, 16, 17, 18, 21, 2 24, 29, 31, 32, 34, 36, 38, 40, 44, 46, 47, 49, 51, and 56. 3 4 5 6 7 8 9 Florida, as amended by section 37 of chapter 2001-186, Laws of 10 Florida, is amended to read: 11 Section 135. Effective March Jahua:ty 1, 2002 12 subsection (2) of section 255.21, Florida Statutes, paragraphs 13 (d) and (e) of subsection (1) of section 395.1055, Florida 14 Statutes, and subsection (11) of section 553.79, Florida 15 Statutes, are repealed. 16 Section 7. Subsection (2) of section 62 of chapter 17 98-287, Laws of Florida, as amended by section 107 of chapter 18 2000-141, Laws of Florida, as amended by section 38 of chapter 19 2001-186, Laws of Florida, is amended to read: 20 Section 62. 21 (2) Effective March January 1, 2002, all existing 22 local technical amendments to any building code adopted by any 23 local government, except for local ordinances setting forth 24 administrative requirements which are not in conflict with the 25 Florida Building Code, are repealed. Each local government may 26 readopt such amendments pursuant to s. 553.73, Florida 27 Statutes, provided such amendments comply with applicable 28 provisions of the Florida Building Code. 29 Section 8. Section 68 of chapter 98-287, Laws of 30 Florida, as amended by section 108 of chapter 2000-141, Laws 31 Section 5. Notwithstanding any other provision in chapter 2001-186, Laws of Florida, the effective date of section 61 of chapter 98-419, Laws of Florida, as amended by chapter 2000-141, Laws of Florida, as amended by chapter 2001-186, Laws of Florida, is changed to March I, 2002. Section 6. Section 135 of chapter 2000-141, Laws of 5 CODING:Words strickeh are deletions; words underlined are additions. '-'" ...., ENROLLED 2001 Legislature SB 52-C, 2nd Engrossed 1 of Florida, as amended by section 39 of chapter 2001-186, Laws 2 of Florida, is amended to read: 3 Section 68. Effective March Jð.iluð.J::} 1, 2002, parts I, 4 II, and III of chapter 553, Florida Statutes, consisting of 5 sections 553.01, 553.02, 553.03, 553.04, 553.041, 553.05, 6 553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15, 7 553.16, 553.17, 553.18, 553.20, 553.21, 553.22, 553.23, 8 553.24, 553.25, 553.26. 553.27, and 553.28, Florida Statutes, 9 are repealed, section 553.141, Florida Statutes, is 10 transferred and renumbered as section 553.86, Florida 11 Statutes. 12 Section 9. Subsection (1) of section 627.0629, Florida 13 Statutes, as amended by section 99 of chapter 2000-141, Laws 14 of Florida, as amended by section 42 of chapter 2001-186, Laws 15 of Florida, is amended to read: 16 627.0629 Residential property insurance; rate 17 filings. -- 18 (1) A rate filing for residential property insurance 19 must include actuarially reasonable discounts, credits, or 20 other rate differentials, or appropriate reductions in 21 deductibles, for properties on which fixtures or construction 22 techniques demonstrated to reduce the amount of loss in a 23 windstorm have been installed or implemented. The fixtures or 24 construction techniques shall include, but not be limited to, 25 fixtures or construction techniques which enhance roof' 0- 26 strength, roof covering performance, roof-to-wall strength, 27 wall-to-floor-to-foundation strength, opening protection, and 28 window, door, and skylight strength. Credits, discounts, or 29 other rate differentials for fixtures and construction 30 techniques which meet the minimum requirements of the Florida 31 Building Code must be included in the rate filing. All 6 CODING:Words dL....:."'heh are deletions; words underlined are additions. ....... --.I ENROLLED 2001 Legislature SB 52-C, 2nd Engrossed 1 insurance companies must make a rate filing which includes the 2 credits, discounts, or other rate differentials by February 3 28, 2003 Decen~er Jl, 20e2. 4 Section 10. Rule 9B-3.047, Florida Administrative 5 Code, as it existed before November 28, 2000, is adopted and 6 will remain in force until the effective date of the Florida 7 Building Code as established in this act. 8 Section 11. Notwithstanding the effective date of 9 section 25 of chapter 2001-186, Laws of Florida, any building 10 permit for which an application is submitted before the 11 effective date of the Florida Building Code is governed by the 12 state minimum building code in effect in the permitting 13 jurisdiction on the date of the application for the permitted 14 work for the life of the permit and any extension of time 15 granted thereto. 16 Section 12. Local jurisdictions bisected or otherwise 17 divided by a line separating wind speed zones, as determined 18 by the American Society of Civil Engineers, Standard 7, 1998 19 edition as implemented by the International Building Code, 20 2000 edition, and as modified by the Florida Building 21 Commission in the Florida Building Code that becomes effective 22 pursuant to this act, must by January 1, 2002, enact an 23 ordinance specifying the exact, location of wind speed lines, 24 using recognized physical landmarks such as major roads, 25 canals, rivers, and lake shores, wherever possible. Fo~ each 26 jurisdiction that has not adopted the required ordinance by 27 January 1, 2002, the Department of Community Affairs shall 28 adopt, by emergency rule under section 120.54(4), Florida 29 Statutes, a map delineating the wind speed lines of the 30 jurisdiction according to the parameters of this section. This 31 map shall govern the location of wind speed lines under the 7 CODING:Words strickel1 are deletions; words underlined are additions. '-' ...., ENROLLED 2001 Legislature SB 52-C, 2nd Engrossed 1 Florida Building Code until 60 days after the effective date 2 of the jurisdiction's ordinance. 3 Section 13. The Florida Building Commission is 4 authorized to provide for uniform implementation of sections 5 515.25, 515.27, and 515.29, Florida Statutes, by including 6 standards and criteria in the Florida Building Code for 7 residential swimming pool barriers, pool covers, latching 8 devices, door and window exit alarms, and other equipment 9 required in those sections which are consistent with the 10 intent of section 515.23, Florida Statutes. Notwithstanding 11 section 10, the residential swimming pool safety requirements 12 of the Florida Building Code, section 424.2, relating to 13 private swimming pools, of Rule 9B-3.047, Florida 14 Administrative Code, as adopted November 28, 2000, shall take 15 effect January 1, 2002. 16 Section 14. Paragraph (e) of subsection (6) of section 17 468.609, Florida Statutes, is amended to read: 18 468.609 Administration of this part; standards for 19 certification; additional categories of certification.-- 20 (6) 21 (e) By March 1, 2003, or one year after the Florida 22 Building Code is implemented, whichever is later January 1, 23 Z&&r, individuals who were employed by an educational boardL 24 the Department of Education, or the State University System as 25 building code administrators, plans examiners, or inspectDrs, 26 who do not wish to apply ð.l::~ ÚvL cl';'~';'ble for a standard 27 certificate but who wish to continue in such employment, shall '28 submit to the board the appropriate application and 29 certification fees and shall receive a limited certificate 30 qualifying such individuals to engage in building code 31 administration, plans examination, or inspection in the class, 8 CODING:Words 5trickeI, are deletions; words underlined are additions. '-' '-' ENROLLED 2001 Legislature SB 52-C, 2nd Engrossed 1 at the performance level, and within the governmental 2 jurisdiction in which such person is employed. 3 Section 15. After January 1, 2002, design 4 professionals who have been preparing construction documents 5 in anticipation of the current Florida Law stipulating the 6 implementation date of January 1, 2002, for the Florida 7 Building Code, may at their option, have their proiects 8 governed by the Florida Building Code that would have been in 9 effect in the permitting iurisdiction, after January 1, 2002. 10 Section 16. This act shall take effect upon becoming a 11 law. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 CODING:Words stJ:içkeu are deletions; words underlined are additions. · '-" ..." DECEMBER 18, 2001 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME 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 prior to the listed time. The Chairman will open each public hearing and asks , anyone wishing to speak to come forward, one at a time. Comments \\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. 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. 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 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. Anyone \\ith a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ '-' www.stlucieco.gov ...".¡ ßOARD OF COUNTY COMMISSIONERS John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 D ist rict 2 District 3 District 4 District 5 AGENDA . G L~~6 t- 0\; '00mffi' ~~ l ~,O) 'A December 18, 2001 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES ~ Approve the minutes of the meeting held December 11, 2001. fi¡.proi/llci 2. PROCLAMATIONS I PRESE.\TUIONS I ANNOUNCEMENTS B, Christmas Remembrance - Sue Muny3P and the 4-H Clubs will be here to wish the Board a Happy Holiday. V Elder Ready Communities Overview Program I Madeline Smith, DirEector f (~) External Affairs for the State of Florid,a Department of Elder Nfa)Is. ~ I 0 NìcktM"-tv ()rYJC€eO -rPJfLf)ct bCtŒ ~)OI('{lll 'í/ Announcèment Fthe Detem'15è 25, 20Ól and January 1, 2002 Boar J County Commissioners Meetings have been cancelled. A c. D, There will be a public workshop on the Manatee Protection Plan on January 15,2002 at 4:00 pm in the Commission Chambers. 3, GENERAL PUBLIC COMl'vIE\l 4. CONSENT AGENDA ftpprðVeJ C 4-0') NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boara at these meetings "ill need a record of the proceedmgs and for such purpose may neeil 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 "ill be sworn in. Any' party to the proceedings will be granted tòe opportunity to cross-examine any indh'¡dual testif\ing during a hearingupon request. Anyone ",itb a disability requiring accommodation to attend this medinå should contact theSt. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-14fs at least forty-eight(4S) hours prior fo the meeting. '-' ,..", REGULAR AGENDA DECEMBER 18, 2001 PAGE nvo PUBLIC HEARINGS COMMUNITY DEVELOPMENT SA. Ordinance No. 01-003 / Statewide Building Code - Consider staff recommendation to approve the ordinance which pro\ides for the adoption of the Statewide Building Code as described in Chapter 553.70, Florida Statutes, and as published by the State of Florida, Department of Community Affairs and the Standard Unsafe Building Abatement Code, 1997 edition, promulgated by the So~th;nn ~~~di~~ . Code Congress International, Ine. (2nd Public Hearing). /J¡J¡)i?J I/~ ~,.J 5B. Palm Breezes Club / Preliminary Planned Unit Development - Consider staff recommendation to continue until January 15, 2002 at 7:00~,,¡>r as soon thereafter as possible. Æí ;.,~ rJ./ ~ ~ . ~_~ Máldf¡!¡ ?óD~ foít:~ '() ~- PfJ;¡W~LP c ý; ~ ÇilJi/llfl1f(j,E!J!:jA fie{/;, ~i1JJ End of PublIC Heanngs [. ( L,- 0 \ -ÝJ'f(QrjtifcJlJ.JrA1:¥~ JH,I¡ ì ') CU1([ Q.I t-~J- 1J!i!i! 6. INVESTMENT FOR THE FUTURE 7. Utilities / North County Utility District Feasibility Study - Consider staff recommendation to approve the work authorization with LBF&H in the amount of $102,000 to perform a feasibility study, and authorize the Chairman to execute the agreement as approved by the County Attorney. ./A-.0.,~ fJ C-/ r r \ COUNTY ATTORNEY f J/)P'{À}(c:y T Ó) A. Pepper Park Addition / Option Agreement for Sale and Purchase - Consider staff recommendation to appro\"e the agreement for Parcel F, authorize the Chairman to execute the agreements, and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. ftpf)(lJJ(J Cf ~Ò) '-' REGULAR AGENDA DECEMBER 18, 2001 PAGE THREE 7. COUNTY ATTORNEY (CONTINUED) (0 ,~ \( I, , ~; ¡.\ i'¡ S~~d \.~.; , ! '-'\ Resolution No. 01-248 /Economic Development Ad Valorem Tax Exemption - Consider staff recommendation to a~~(M0~~tion as drafted. Resolution No. 01-316/ North Hutchrd~ ISland(v7~Ò Jd Sewer System Revenue Bonds - Authorizing the Issuance of Bonds - Consider ts, tfi ,( recommendation to adopt the resolution as drafted. An ÎU'~ lY'-o '\ Resolution No. 01-317 / North Hutchinson Island '\-Vater ~rtlf~wer System J Revenue Bonds - Amending Covenants of Bond Reso,lution - Cons~er staff recommendation to adopt the resolution as drafted~~ l f- 0 ) Resolution No. 01-318 / Solid Waste System Revenue Bonds - Amending Provisions of "Flow of Funds" - Consider staff recommen, ra~,on to adopt the resolution as drafted. ~ fj ~'eJ c Lf---o ) Parcel Purchase Contract - Consider staff recommendation to approve the contract to purchase a 12.32 +/- acre parcel from Atlantic Gulf Communities along the North Fork of the St. Lucie River, authorize the Chairman to sign the contract and addendums, and direct staff to proceed with closing upon the County Attorney's approval 0 e diligence of this property. B. c. D. E. ...." 8. ADMINISTRATION S1. Lucie County Drug Court Program -Consider staff recommendation to approve the criteria for funding programs out of the Drug Abuse Fund (Fund 109) and approve an amount not to exceed $5,000 based upon a direct bill for services, to fund the St. Lucie County Adult Drug court) Program from Fund 109 for the 2001-2002 Fiscal Year. .Hpprõved(lf-o Weed and Seed Funding Request ($61,848.85) - Consider staff recommendation that the funding for this program, if approved, be allocated from the Law Enforcement Trust Fund. A. B. f¡J¡JßJ(t¡~ (3-0) '-' CONSS.'IT AGENDA December 18, 2001 ...,.¡ 1. WARRANTS LIST Approve warrants list No. 11 2. PUBLIC WORKS A. Engineering / Smallwood MSBU Potable Water Improvements - FPUA / Permission to Advertise - Consider staff recommendation to grant permission to advertise for the Initial Public Hearing to be held on February 5, 2002 at 7:00pm, or as soon thereafter as possible. B. Engineering / River Branch Estates MSBU Potable Water Improvements - PSL / Permission to Advertise - Consider staff recommendation to grant permission to advertise for the 2nd Public Hearing to be held on January IS, 2002, at 7:00pm, or as soon thereafter as possible. C. South 25th Street Landscaping Project - Consider staff recommendation to approve the Consultant Agreement with Houston Cuozzo Group, Inc" and authorize the Chairman to sign the agreement. D. Civil Engineering and Project Management Services - Consider staff recommendation to approve the Consultant Agreement with Warner Global Consulting Services, Inc., and authorize the Chairman to sign the agreement. 3. PARKS AND RECREATION A. B. @ p4&- f¥t()(to~' E. Interlocal Agreement Amendment / City of Port St. Lucie for Traffic Control and Security at the St. Lucie County Sports Complex - Consider staff recommendation to approve the amendment and authorize the Chairman to sign the amendment. Golf Course Parking Lot and Cart Path Repairs - Consider staff recommendation to approve the Clay's Asphalt Contract Amendment, and approve additional funds in the amount of $2,328 for a total contract cost of S22,054. Budget Amendment No. 02 -1 09 - Consider staff recommendation to approve the budget amendment and contract with Ramey Rug Carpet One in the amount of $7,909 for improvements at Thomas J. White Stadium. Marine Center Staffing / Reclassification No. 02-023 & 02-024 - Consider staff recommendation to approve the reclassifications to convert two part time temporary positions to two part time positions with limited benefits. Parks Referendum Update / Community Parks System Master Plan Update - A \\Titten copy of the report has been forwarded to the Board. CONSENT AGENDA DECE\!BER 18, 2001 PAGE TWO '-' ...., 4. PURCHASING A. Bid No. 02-007 / Re-use/Recycle/Disposal of End-of-Life Electronics - Consider staff recommendation to award the bid to the low bidder, Recycling Concepts, L.L.c. at the unit price bid, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Agreement E,,,tension with Gee and Jensen Engineers - Architects - Planners, Inc. - Consider staff recommendation to approve the final one (1) year option for an extension, and authorize the Chairman to sign the extension. C. Bid No. 02-009 / Traffic Barrier and Guardrails at Box Culvert for Shinn Road Canal No. 58 - Consider staff recommendation to approve additional project funding in the amount of $15,234 for a total project budget of 560,134, transfer the additional funds into the project, and award the bid to the low bidder, CEM Enterprises, Inc., in the amount of $52,395. D. E,,,tension Of Agreement with Hazen & Sawyer, P.c. - Consider staff recommendation to approve the final one (1) year option for an extension, and authorize the Chairman to sign the extension as prepared by the County Attorney. 5. CŒIMUNITY DEVELOPMENT A. Resolution No. 01-309 - Consider staff recommendation to approve the resolution supporting A-I Trusses application for the Qualified Target Industry Tax Refund Program including financial support through the Job Growth Investment Grant Program. B. Resolution No. 01-235/ PGA Learning Center at PGA Villages at the Reserve (PGA Historical Center) - Consider staff recommendation to approve the resolution granting Major Adjustment #2 to the approved Site Plan, and authorize the final processing of the first Replat of PGA Commerce Center at the Reserve. 6. AD:-.nNISTRATION Florida Grapefruit League Association Dues - Consider staff recommendation to move the funds from available reserves in the Sports Complex Fund to pay the annual dues. ï. COUNTY ATTORNEY A. Resolution No. 02-01- Revised Guidelines - Industrial Development Revenue Bonds / Permission to Advertise - Consider staff recommendation to grant permission to advertise a public hearing on January 15,2002 at 7:00pm to consider whether to adopt the resolution. B. Weekend Work Program / Second Amendment to March 4, 1997 Interlocal Agreement with the Sheriff - Consider staff recommendation to approve the amendment, and authorize the Chairman to sign the amendment. CONSENT AGENDA DECEMBER 18, 2001 PAGE THREE '-' -.I ï. COUNTY ATTORNEY(CONTINUED) e. St. Lucie County Agape Senior Center, Inc. - Consider staff recommendation to approve the proposed Third Amendment to the December 16, 19 ï5 Lease Agreement, and authorize the Chairman to sign the amendment. D. County-Owned Beach Property - Consider staff recommendation that the Board not sell the property and direct the County Administrator to notify Mr. Cowles of the Board's position. E. Bell South Business Services Master Agreement - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement, subject to final review and approval by the County Attorney. 8. COMMUNITY SERVICES Resolution No. 01-315/ Application for the 2001/2002 U.s.e. 530ï Federal Transit Administration Grant - Consider staff recommendation to approve the resolution and grant application, and approve the 10% match of $11,500 for rolling stock (funding will be appropriated in FY02j03), accept the grant and authorize the Chairman to sign all documents necessary after award of the grant. 9. PUBLIC SAFETY Equipment Request No. 02-1 ï 4 and Budget Amendment No. 02-115 - Consider staff recommendation to approve the equipment request and budget amendment in the amount of S3ï,581.S0 for the purchase of a hardware upgrade for the AS400. 10. AIRPORT A. Design and Construction of Airport Industrial Park West at St. Lucie County International Airport - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement OPA), and authorize the Chairman to execute the JPA and Resolution No. 01-319, authorizing the Chairman to sign the agreement. B. Industrial Park West Project at St. Lucie County International Airport - Consider staff recommendation to approve Work Authorization NO.1 ï with Williams Hatfield Stoner in the amount of $350,610 for soil tests, surveying, platting, wetland delineation, site design, access road, stormwater design, water and sewer design, permitting, signage, landscaping, lighting and irrigation. e. Position Reclassification - Consider staff recommendation to approve the reclassification of a part time temporary position to a part time position with limited benefits. '. ; ,..,.. >....I DECEMBER 18, 2001 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME 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 prior to the listed time. The Chairman ,,,ill 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 rille, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies 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 A.M., UIÙess 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. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' www.stlucieco.gov ...." ßOARD OF COUNTY COMMISSIONERS John D. Bruhn Doug Coward Paula Á. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA December 18, 2001 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held December 11, 2001. 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS A. Christmas Remembrance - Sue Munyon and the 4-H Clubs will be here to wish the Board a Happy Holiday. B. Elder Ready Communities Overview Program / Madeline Smith, Director of External Affairs for the State of Florida Department of Elder Affairs. C. Announcement / The December 25, 2001 and January I, 2002 Board of County Commissioners l1eetings have been cancelled. D. There will be a public workshop on the Manatee Protection Plan on January 15, 2002 at 4:00 pm in the Commission Chambers. 3. GENERAL PUBUC COMMENT 4. CONSENT AGENDA NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarll at these meetings "ill nero a record of the proceedmgs and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the requesf of any pam' to the proceedings, individuals testifying during a hearing will be sworn in. Any paryy to the proceeamgs- ~ill be granted tl1e opportunity to cross-examine any indivIdual testming during a hearingupon request. Anyone with a disability requiring accommodation to attend this meetinå should contact the -St. Lucie Count..- tommunity Services Manager at (561) 462-1777 or TDD (561) 462-141'8 at least forty-eight(48) hours prior io the meeting. ;, '-" ......, REGULAR AGENDA DECEMBER 18,2001 PAGE TWO , rvv. ¡JV i /1'( ) COMMUNITY DEVELOPMENT / /)rt~¿f // ¿J1r::"'U . 5A. Ordinance No. 01-003 / Statewide Building Code - Consider staff recommendatio~/~ t.íd to approve the ordinance which provides for the adoption of the Statewide [J /, ~/ t. Building Code as described in Chapter 553.70, Florida Statutes, and as published . by the State of Florida, Department of Community Affairs and the Standard Unsafe I ¡ ¡l Building Abatement Code, 1997 edition, promulgated by the Southern Building Code Congress International, Inc. (2nd Public Hearing). PUBLIC HEARINGS 5R. Palm Breezes Club / Preliminary Planned Unit Development - Consider staff recommendation to continue until January 15, 2002 at 7:00pm, or as soon thereafter as possible. End of Public Hearings t...~ 6. INVESTMENT FOR THE FUTURE Utilities / North County Utility District Feasibility Study - Consider staff recommendation to approve the work authorization with LBF&H in the amount of $102,000 to perform a feasibility study, and authorize the Chairman to execute the agreement as approved by the County Attorney. 7, COUNIT ATTORNEY A. Pepper Park Addition / Option Agreement for Sale and Purchase - Consider staff recommendation to approve the agreement for Parcel F, authorize the Chairman to execute the agreements, and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. '-' .., REGULAR AGENDA DECEMBER 18, 2001 PAGE THREE 7. COUNTY ATIORNEY (CONTINUED) B. Resolution No. 01-248 /Economic Development Ad Valorem Tax Exemption - Consider staff recommendation to adopt the resolution as drafted. C. Resolution No. 01-316 / North Hutchinson Island Water and Sewer System Revenue Bonds - Authorizing the Issuance of Bonds - Consider staff recommendation to adopt the resolution as drafted. D. Resolution No. 01-317 / North Hutchinson Island Water and Sewer System Revenue Bonds - Amending Covenants of Bond Resolution - Consider staff recommendation to adopt the resolution as drafted. E. Resolution No. 01-318 / Solid Waste System Revenue Bonds - Amending Provisions of "Flow of Funds" - Consider staff recommendation to adopt the resolution as drafted. F. Parcel Purchase Contract - Consider staff recommendation to approve the contract to purchase a 12.32 +/- acre parcel from Atlantic Gulf Communities along the North Fork of the 51. Lucie River, authorize the Chairman to sign the contract and addendums, and direct staff to proceed with closing upon the County Attorney's approval of the due diligence of this property. 8. ADMINISTRATION A. St. Lucie County Drug Court Program -Consider staff recommendation to approve the criteria for funding programs out of the Drug Abuse Fund (Fund 109) and approve an amount not to exceed $5,000 based upon a direct bill for services, to fund the S1. Lucie County Adult Drug Court Program from Fund 109 for the 2001-2002 Fiscal Year. B. Weed and Seed Funding Request (561,848.85) - Consider staff recommendation that the funding for this program, if approved, be allocated from the Law Enforcement Trust Fund. '-' CONSENT AGENDA December 18. 2001 ""'" 1. WARRi\NTS LIST Approve warrants list No. 11 2. PUBLIC WORKS A. Engineering / Smallwood MSBU Potable Water Improvements - FPUA / Permission to Advertise - Consider staff recommendation to grant permission to advertise for the Initial Public Hearing to be held on February 5, 2002 at 7:00pm, or as soon thereafter as possible. B. Engineering / River Branch Estates MSBU Potable Water Improvements - PSL / Permission to Advertise - Consider staff recommendation to grant permission to advertise for the 2nd Public Hearing to be held on January 15, 2002, at 7:00pm, or as soon thereafter as possible. C. South 25th Street Landscaping Project - Consider staff recommendation to approve the Consultant Agreement with Houston Cuozzo Group, Inc., and authorize the Chairman to sign the agreement. D. Civil Engineering and Project Management Services - Consider staff recommendation to approve the Consultant Agreement with Warner Global Consulting Services, Inc., and authorize the Chairman to sign the agreement. 3. PARKS AND RECREATION A. Interlocal Agreement Amendment / City of Port St. Lucie for Traffic Control and Security at the St. Lucie County Sports Complex - Consider staff recommendation to approve the amendment and authorize the Chairman to sign the amendment. B. Golf Course Parking Lot and Cart Path Repairs - Consider staff recommendation to approve the Clay's Asphalt Contract Amendment, and approve additional funds in the amount of $2,328 for a total contract cost of $22,054. C. Budget Amendment No. 02-109 - Consider staff recommendation to approve the budget amendment and contract with Ramey Rug Carpet One in the amount of $7,909 for improvements at Thomas J. White Stadium. D. Marine Center Staffing / Reclassification No. 02-023 & 02-024 - Consider staff recommendation to approve the reclassifications to convert two part time temporary positions to two part time positions with limited benefits. E. Parks Referendum Update / Community Parks System Master Plan Update - A written copy of the report has been forwarded to the Board. CONSENT AGENDA DECEMBER 18, 2001 PAGE nvo '-" ..",,¡ 4. PURCHASING A. Bid No. 02-007 / Re-use/Recycle/Disposal of End-of-Life Ðectronics - Consider staff recommendation to award the bid to the low bidder, Recycling Concepts, L.L.c. at the unit price bid, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Agreement Extension with Gee and Jensen Engineers - Architects - Planners, Ine. - Consider staff recommendation to approve the final one (1) year option for an extension, and authorize the Chairman to sign the extension. C. Bid No, 02-009 / Traffic Barrier and Guardrails at Box Culvert for Shinn Road Canal No. 58 - Consider staff recommendation to approve additional project funding in the amount of $15,234 for a total project budget of $60,134, transfer the additional funds into the project, and award the bid to the low bidder, CEM Enterprises, Inc., in the amount of $52,395. D. Extension Of Agreement with Hazen & Sawyer, P.c. - Consider staff recommendation to approve the final one (1) year option for an extension, and authorize the Chairman to sign the extension as prepared by the County Attorney. 5. COMlYfUNITY DEVELOPMENT A. Resolution No. 01-309 - Consider staff recommendation to approve the resolution supporting A-I Trusses application for the Qualified Target Industry Tax Refund Program including financial support through the Job Growth Investment Grant Program. B. Resolution No. 01-235/ PGA Learning Center at PGA Villages at the Reserve (PGA Historical Center) - Consider staff recommendation to approve the resolution granting Major Adjustment #2 to the approved Site Plan, and authorize the final processing of the first Replat of PGA Commerce Center at the Reserve. 6. ADMINISTRATION Florida Grapefruit League Association Dues - Consider staff recommendation to move the funds from available reserves in the Sports Complex Fund to pay the annual dues. 7. COUNTY ATIORNEY A. Resolution No. 02-01- Revised Guidelines - Industrial Development Revenue Bonds / Permission to Advertise - Consider staff recommendation to grant permission to advertise a public hearing on January 15,2002 at 7:00pm to consider whether to adopt the resolution. B. Weekend Work Program / Second Amendment to March 4, 1997 Interlocal Agreement with the Sheriff - Consider staff recommendation to approve the amendment, and authorize the Chairman to sign the amendment. CONSENT AGENDA DECEMBER 18, 2001 PAGE THREE '-' ....,¡ 7. COUNTY ATTORNEY(COJ\'TlNUED) C. St. Lucie County Agape Senior Center, Inc. - Consider staff recommendation to approve the proposed Third Amendment to the December 16, 1975 Lease Agreement, and authorize the Chairman to sign the amendment. D. County-Owned Beach Property - Consider stàff recommendation that the Board not sell the property and direct the County Administrator to notify Mr. Cowles of the Board's position. E. Bell South Business Services Master Agreement - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement, subject to final review and approval by the County Attorney. 8. COMMUNITY SERVICES Resolution No. 01-315 / Application for the 2001/2002 U.s.e. 5307 Federal Transit Administration Grant - Consider staff recommendation to approve the resolution and grant application, and approve the 10% match of $11,500 for rolling stock (funding will be appropriated in FY02/03), accept the grant and authorize the Chairman to sign all documents necessary after award of the grant. 9. PUBLIC SAFETY Equipment Request No. 02-174 and Budget Amendment No. 02-115 - Consider staff recommendation to approve the equipment request and budget amendment in the amount of 537,581.50 for the purchase of a hardware upgrade for the AS400. 10. AIRPORT A. Design and Construction of Airport Industrial Park West at St. Lucie County International Airport - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and Resolution No. 01-319, authorizing the Chairman to sign the agreement. B. Industrial Park West Project at S1. Lucie County International Airport - Consider staffrecornmendation to approve Work Authorization No. 17 with Williams Hatfield Stoner in the amount of $350,610 for soil tests, surveying, platting, wetland delineation, site design, access road, stormwater design, water and sewer design, permitting, signage, landscaping, lighting and irrigation. C. Position Reclassification - Consider staff recommendation to approve the reclassification of a part time temporary position to a part time position with limited benefits. CONSENT AGENDA DECEMBER 18, 2001 PAGE FOUR '-' """" 11. UTILITIES North Hutchinson Services Agreement of Purchase and Sale Closeout Agreement- Consider staff recommendation to authorize the advanced payment to Dodi Development LLC, in the amount of $575,257. \.t 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 1. AGENDA December 11, 2001 I ~ 5"ì MINUTES , ~\ÒVt~l~/· / Approve the minutes of the meeting held November 20, 2001. f\9\) GENERAL PUBLIC COMMENT 2. WARRANTS LISTS CONSENT AGENDA- ApPfðl9"tf'D ) 1. Approve Warrants List NO.8 through No. 11 2. COUNTY ATTORNEY Pepper Park Addition / Option Agreement for Sale and Purchase - Consider staff recommendation to approve the agreement for Parcel F, authorize the Chairman to execute the agreements, and direct staff to close the transactions and record the documents in the Public Records of S1. Lucie County, Florida. 3. MOSQUITO CONTROL Acceptance of Contribution from Angler's Cove to Perform Environmental Mitigation Requirement - Consider staff recommendation to accept the $3,800 contribution to fund installation of a corrugated aluminum culvert pipe in Impoundment 9, approve Budget Resolution No. 01-05, and authorize the Chairman to execute the budget resolution. NOTICE: All proceedings before this Board al'"e electronically recCJrded. Any persoD "tbo decides to appeal any action taken by tbe Board at these meetings ",·m need a ret.:ord of the proceedings and for such purpose may need to ensure that a '-erbatim record of the proceedings is made. Upon the request of any party to tbe proceedings. individuals tesdfylng during a hearing will be sworn in. Any party to the proceedina:s ,,¡ill be granted an opportunity to cross-examine any indívidual testif).iog during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Senias :Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meed.g. \,or ....", MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REORGANIZATION MEETING Date: November 20,2001 Tape: 1 Convened: 10: 10 a;m. Adjourned: 10:15 a.m. Commissioners Present: Chairman, John Bruhn, Cliff Barnes, Paula Lewis, Frannie Hutchinson, Doug Coward Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Ray Wazny, Public Works Director, Pete Keogh, Parks and Recreation Director, Paul Phillips, Airport Director, JoAnne Holman, Clerk of Circuit Courts, Sheriff Mascala, A. Millie Delgado, Deputy Clerk 1. REORGANIZATION A. The Clerk of the Circuit Court presided and called for nominations for a the Chairman of the Mosquito Control District: It was moved by Com. Hutchinson, seconded by Com. Coward, to reappoint Com. Bruhn, as the Chairman of the Mosquito Control District; and, upon roll call, motion carried unanimously'. " B. The Chairman of the Mosquito Control District called for nominations for Vice Chairman of the Mosquito Control District. It was moved by Com. Barnes, seconded by Com. Coward, to appoint Com. Lewis, as Vice Chairman of the Mosquito Control District; and upon roll call, motion carried unanimously. . ** At this time the Mosquito Control District recessed. ** At this time the Mosquito Control District reconvened. 2. MINUTES It was moved by Com. Coward, seconded by Com. Lewis, to approve the minute of the meeting held November 13, 2001; and, upon roll call, motion carried unanimously. 3. GENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1 . Warrant Lists The District approved Warrant List No.7 2. Mosquito Control 1 !oJ [~ (,;1 r·o r nq ,. I D, '," ~ lie) i~_J\,li [: ,r '-,---_. JU, NOV 2 8 2001 [/ L~~.:·' .' "-" '-' .. Bid No. 02-008/UL V Monitor, Controller and Spraying Units- The District approved awarding the bid to Adapco, Inc. low bid in the amount of $11,552 per base unit and authorized the Chairman to execute the agreements as prepared by the County Attorney. There being no further business to be brought before the District the meeting was adjourned. Chainnan Clerk of Courts 2 J ~ ...., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 11, 2001 Tape: 1-2 Convened: 9:00 a.m. Adjourned: 11 :20 a.m. Commissioners Present: Chainnan, Doug Coward, Cliff Barnes, Paula A. Lewis, Frannie Hutchinson, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation Director, Marie Gouin, M & B Director, Ray Wazny, Public Works Director, Dennis Wetzel, IT Director, Gayla Barwick, Tourism Director, Susan Kilmer, Library Director, Mike Rath, Purchasing Manager, Don West, County Engineèr;- Leo Cordeiro, Solid Waste Manager, Bill Blazak, Utilities Director, Sheriff Mascara, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-028) It was moved by Corn. Hutchinson, seconded by Com. Bruhn, to approve the minutes of the meeting held December 4,2001; and, upon roll call, motion carried unanimously. 2, PROCLAMA nONS/ PRESENT A nONS/ ANNOUNCEMENTS A. Announcement- The St. Lucie County Legislative Delegation will meet Thursday, December 13, 2001 from 9:00 a.m. to 5:00 p,m. in the County Commission Chambers. B. Announcement! The December 25, 2001 and January 1, 2002 BCC meeting have been cancelled. 3. GGENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA (1-058) It was moved by Com. Lewis, seconded by Com. Barnes, to approve the Consent Agenda wilh item C-5A pulled lo be discussed as a regular agenda itcm; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 10. 2. PARKS AND RECREATION A. Thompson Coffee Co., Inc. Concession Agreement- The Board approved the First Amendment and authorized the Chainnan to sign the amendment. B. Resolution No. 01-304 & Resolution No. 01-305- Showmaster Use Agreement- The Board approved the resolutions establishing rental rates and fees for county buildings, and approved the agreement for the mobile stage. 1 ""'"" ...., C. Florida Department of State, Division of Historical Resources Grant- The Board approved granting permission to submit the grant application for an outdoor exhibit featuring the Boating and Fishing Heritage theme for the Historical Museum. 3. INVESTMENT FOR THE FUTURE Thomas J. White Stadium- The Board approved the replacement of restroom stall partitions, approved the contract with Santana Products, Inc. through state contract (SNAPS) agreement No. 1502339-1 and authorized staff to utilize $9,927.40 out of Invesftnent for the Future funds. 4. PURCHASING A. Re-use of Bid No. 00-005/Equipment Request No. 02-164- The Board approved the re-use ofthe bid, and approved the equipment request for the purchase of a 6X6 Roll Off Truck with Hoist in the amount of $105,948.25 for the Solid Waste Division. B. Rejection of Bid No. 02-006/Purchase of Baling Wire- The Board approved rejecting the bid, revised the specifications, and re-advertise the bid. C. Bid No. 02-002/Header Canal No. 59 & Goldsmith Road Sheet Pile Installation and Embankment Improvements- The Board approved additional project funding in the amount of $57,027 for a total project budgct of $309,752 and awarded the bid to the low bidder, Lucas Marine Construction, Inc. in the amount of$279,320. D. Equipment Request No. 02-163- The Board approved the equipment request for the purchase of a 1986 Mack Roll Off Truck from the City ofF!. Pierce in the amount of$12,500 for the Solid Waste Division. E. Bid No. 02-004/Waste Tire Processing- The board approved awarding the bid to the low bidder, Florida Tire Recycling Inc., in the amount of $75 /ton and authorized the Chairman to sign the contract as prepared by the County Attorney. F. Bid No. 02-005/Abandoment of Artesian Wells- The Board approved awarding the bid to the low bidder, Jaffer Associates, Ltd., in the amount of $10,010, and authorized the Chairman to sign the contract as prepared by the County Attorney. G. Bid No. 02-213/60 FT. Articulating Aerial Lift- The Board approved awarding the bid to the low bidder, United Rentals of Port St. Lucie in the amount of$62,756.49. 5. COUNTY ATTORNEY B. Resolution No. 01-195/Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds Series 2002- The Board approved adopting thc rcsolution as dmlìed. C. Savanna Club Apartments- The board approved the Amendment to Conservation Easement and authorized the Chairman to sign the amendment. 6. ADMINISTRATION 2 '-' ,..." A. Sheriffs Office BudgetiDraw Down Request- The Board approved establishing a monthly draw down of the budget as prescribed by Florida Statute 30.50(1) excluding September 2002. B. Budget Amendment No. 02-113/FDTED Security Assessment for the Port of Ft. Pierce- The Board approved the budget amendment and funding for the Basic Security Fee in the amount of $1 0,000. 7. LIBRARY Library Long Range Plan 2001-2005- The Board approved the plan. 8. . MANAGEMENT AND BUDGET A. Airport- The Board approved decreasing the'pt:tting cash limit at the airport. B. Computer Purchase- The Board approved the purchase of computers and authorized modification to the Howard Computer Lease to include the additional computers. C. Budget Resolution No. 01-261- The Board approved establishing a budget for debt payments to Sun Trust Leasing Corporation for the Howard Computer Replenishment Program for the Clerk of Courts and the State Attorney. D. FOOT OUl Enforcement Specialist Grant for Year 2- The Board approved accepting the grant award of $37,725 on behalf of the St. Lucie County Sheriffs office. E. USDOJ 2001 Sate Criminal Alien Assistance Program Grant- The Board approved accepting the grant in the amount of $935 on behalf of the St. Lucie County's Sheriffs office and authorized the County Administrator to sign the on-line acceptance form. 9. PUBLIC WORKS A. Budget Amendment No. 02-110/Port St. Lucie vs. St. Lucie County Gas Tax issue- The Board approved the budget amendment to allow an amount not to exceed $40,000 for the payment of legal fees, and authorized the Chairman to sign the amendment. ß. Enginccring/South County Regional Sports Stadium Project- The Board approved accepting the project; release of rctainage in the amount of $18,983.45; deduct ($300.00) from the contract for failed laboratory tests; and make final payment to East Coast Sod and Landscape in the amount of$18,683.45. C. Fairgrounds Project- The Board approved advertising for the purchase of culvert pipes and catch basins. 10. UTILITIES North Hutchinson Island/South Hutchinson Island/Holiday Pines- The Board approved the purchase of automatic gate operators from Martin Fence Co. in the amount of$19,195.74. 1). COMMUNITY DEVELOPMENT 3 '-' """ A. Budget Amendment No. 01-301- Bicycle Pedestrian Coordinator- The Board approved the budget resolution to appropriate and expend funds in the amount of$44,000, B. Treasure Coast Sports Commission Grant- The Board approved the Tourist Development Council and staff recommendation to approve the increase from $20,000 to $25,000. Com. Bruhn questioned the increase. The Tourism Director stated that to go out and try promoting sporting events to come to this area require a posting bid fee. To this point the Treasure Coast Sports Commission has not been able to go out after the large events due to the fact that there were not sufficient" amount of dollars for the bid fees. The Indian River Tourist Development Council 2 years ago, saw the importance of this commission and increase their $20,000 grant up to $25,000. Because St. Lucie County has a few more venues than Indian River, she felt it was time to put some additional funds to be able to be on an even keel as Indian River County. Com. Bruhn suggested these types of request should come back to the Board so that they would know what they are doing. He would prefer to keep it as it was and have the Council come to the Board for any additional requests. Com. 'Coward requested the Tourism Director give infonnation on the Law Enforcement Games. The Tourism Director stated that this event should St. Lucie County be the hosting community two years in a row will bring in between 4,000 - 5,000 law enforcements participants and many of them will bring their families since it would be held during the month of June. It is estimated that between $4-$5 million dollars will be brought in each year. Mr. Colucci, Treasure Coast Sport Commission Director, stated the organization was fonned 3 years ago because someone from the State of Florida took an interest in this area. It was proposed that 3 counties get together and anti up $25,000 a piece and they put in $25,000 to start moving this forward. He stated, "What you're saying is very intense as to how you look at the Sports Commission. He would like to bring forth that in order for the Sports Commission to function properly, it needs dollars set aside so that it can go out and bid on events that arc sometimes two years ahcad. With the law enforcements games, they have worked on this for the past 6 to 8 weeks and this event is two years away. They are constantly trying to bid on events, but have no money in their funds to do this. They are an organization one of thirteen sports commission in the State and the way most of the Sports Commissions function is through the bed tax. They are funded through the bed tax and through a percentage of the bed tax. If they were to come before the Board, for extra money like the Law Enforeëment Games, they may lose out on the events. They were very fortunate to get three counties together in such a short period of time that were able to decide that they wanted these games to come here and they did receive a call from Indian River County yesterday saying that they have approved $15,000 to match the other $15,000. In order for them to function properly and do their job, and do sports marketing, they need dollars, which are available every year. They proposed to the TDC that eventually a percent would be set aside, so that they could do that so that they could get on these events, If they had to come before the Commission, every time to bid on an event, it would be a feudal exercise for the Board and would be micro-managing what they are out there to do for the county. They are here to be the sports marketing arm for the county, Com. Bruhn stated he did not recall this being an item to be funded yearly, Mr. Collucci stated, if this was their (the Board) intent, this is not what the state had in mind and is not what the other counties have in mind. They are a not for profit organization, but they are the sport marketing ann for this area and for this county. All of 4 '-' 'wi! the Sports Commissions are funded through the bed tax. They are not here every year to go before the Board and say that they need $20,000 or $25,000. It was presented 3 years ago that they would need more money to function properly and do the job. The Treasure Coast Sports Commission has a staff of one and operating in three counties. They are looking to get an office presence in Indian River County in Dodgertown and hope they can plug events in that county. But, St. Lucie County is their home base and is located centrally on the Treasure Coast, and they believe the growth factor is good and they are constantly working to bring events here and they have worked to bring events here such as the baseball evcnt frol11 Cooperstowl1 and they could not bring it this year, but they want to build 10 fields on the Treasure Coast and bring some economic impact to the area. These are some ofthe things they do behind the scenes. They work for the Board and however they decide to fund them is their pleasure, but they cannot exist without funding from S1. Lucie County. (This ended Mr. Collucci 's remarks. At this time the Chairman continued with the balance of the Consent Agenda. C. Florida Law Enforcement Games Sponsorship- The Board approved the Tourist Development Council and staffs recommendation, to provide a contribution of up to a maximum of $20,000 as its share of the hosting bid fee for the Florida Law Enforcement Games. ... D. Simple Success Marketing Advertising Invoices- The Board approved The Tourist Development Council and staffs recommendation to pay the invoices for the month of November in the amount of$1,849. 12. CENTRAL SERVICES A. Funding for the Administration Building Addition- The Board approved the use of Public Building Impact Fees in the amount of $300,000 and granted permission to seek funding for the remaining balance. B. Payment of Retainage to Summerlin Seas, Inc., - The Board approved final payment of retainage for work completed at the Oxbow Eco- Center in the amount of$13,531.86. C. Payment of Retainage to Recreational Design & Construction- The Board approved final payment of retain age for work completed at Ocean Bay in the amount of$16,500. D. Fort Pierce Inlet Boat Launch- The Board approved utilizing the unallocated Florida Boating Improvement Funds ($118,927.) and North Hutchinson Island Alternative Development Fees ($100,852.30) to fund this project, awarded the contract to the low bidder, Community Asphalt Corp., and authorized the Chairman to sign the contract as prepared by the County Attorney. REGULAR AGENDA 5A PUBLIC WORKS (1-1002) Resolution No. 01-275/Sunrise Park Unit 1 MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Units. It was moved by Com. Lewis, seconded by Com. Barnes, to approve Resolution No. 01- 275; and, upon roll call, motion carried unanimously. 5 '-' ....,,; B. Resolution No. 01-276/San Lucie Plaza MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the unifonn method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 01- 276; and, upon roll call, motion carried unanimously. C. Resolution No. 01-277 /South 26th St. MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the unifonn method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. Ms. Sharõn Goodecunz addressed the Board in favor of this project. It was moved by Com. Lewis, seconded by Com. Barnes, to approve Resolution No. 01- 277; and, upon roll call, motion carried unanimously. D. Resolution No. 01-278/ST.Lucie Village MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the unifonn method of collecting non-ad valorem special assessments, which may be levied by the corresponding MSBU. ... It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 01- 278; and, upon roll call, motion carried unanimously. E. Resolution No. 01-279/West 1st Street MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the unifonn method of collecting non-ad valorem special assessments which may be levied by the corresponding MSBU. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve Resolution No. 01~ 279; and, upon roll call, motion carried unanimously. F. Resolution No. 01-280/Grey Twig Lane MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve Resolution No, 01-280; and, upon roll call, motion carried unanimously. . G. Resolution No. 01-281/Revt::ls Lane 1 MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the unifonn method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 01- 281; and, upon roll call, motion carried unanimously. H. Resolution No. 01-282/ Revels Lane 2 MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the unifonn method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 01- 282; and, upon roll call, motion carried unanimously. 1. Resolution No. 01-283/ Airport Industrial Park MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the 6 \w' ...." uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 01- 283; and, upon roll call, motion carried unanimously. J. Resolution No. 01-284/Smallwood Avenue MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. For the record it was noted that would be through the County Utility Services and not the City ofFt. Pierce. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 01- 284; and, upon roll call, motion carried unanimously. K. Resolution No. 01-285/South Hutchinson Island Beach Restoration MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. It was-moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 01-285; and, upon roll call, motion carried unanimously. L. Resolution No. 01-286/Harmony Heights MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 01- 286; and, upon roll call, motion carried unanimously. M. Resolution No. 01-287/0sceola Drive MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. 01-287; and, upon roll call, motion carried unanimously. N. Resolution No. 01-288 Coral Street MSBU- Consider staff recommendation to adopt the resolution stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding Municipal Services Benefit Unit. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 01- 288; and, upon roll call, motion carried unanimously. 5.0 COUNTY ATTORNEY (1-1376) Resolution No. 01-302- Petition for Abandonment/Unnamed 20' Road Right of Way- Consider staff recommendation to approve the resolution publish the Notice of Abandonment and record the resolution, proof of publication of the Notice of Public haring and Notice of Abandonment in the Public Records ofSt. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 01- 302; and, upon roll call, motion carried unanimously. 7 '-" ....., 5.P Budget Resolution NO. 01-306- Consider staff recommendation to adopt the resolution establishing the budget for the MSBU In House Financing Project Fund, and approve the transfer of the budget in the General MSBU In-House Revolving Loan Fund (001004) into the MSBU In House Financing Project Fund (370) in compliance with FS 129.06 (2)(f). It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 01-306; and upon roll call, motion carried unanimously. G. COUNTY ATTORNEY (101528) A. Howard Computers- Consider staff recommendation to approve the Fifth Addendum, the Sixth Addendum, the Seventh Addendum, the Interlocal Agreement with the Sheriff, the Interlocal Agreement with the Chief Judge, Resolution No. 01-308 and authorize the Chairman to sign all documents. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. Holiday Pines Services Corp. Utility System Transfer Agreement- Consider staff recommendation to approve the First Amendment and authorize the Chairman to sign the amendment. .. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. C. St. Lucie West Fire Impact Fee Credit Agreement- Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. The County Attol11ey suggest the change in the term "has agreed to pay" in the sccond WHEREAS" paragraph, to read, " the developer is obligated to pay". It was moved by Com. Bruhn, seconded by Com. Barnes, to approve staff recommendation with the noted change to the agreement; and, upon roll call, motion carried unanimously. D. Local Option Gas Tax Dispute/Amended and Restated Interlocal Agreement- Consider staff recommendation to determine if the draft amended and Restated Interlocal Agreement accurately reflects the Board's conceptual approval. If so, staff recommends approval of the revised Amended and Restated InterIocal Agreement and authorized the Chairman to sign the agreement. The County Attorney reviewed the changes and additions. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the revised Amended and Rcslalcd Inlcrlocal Agrccmcnl as statcd by thc County Allorney; and, upon roll cull, molion carried unanimously, 7. PURCHASING (1-2106) Resolution No. 01-300- Amending the County's Purchasing Manual- Consider staff recommendation to adopt the resolution and authorize the Chairman to sign the resolution. It was moved by Com. Barnes, seconded by Com. Lewis, to approve Resolution No. 01- 300; and, upon roll call, motion carried unanimously. 8 · """ ..., 8. PUBLIC WORKS (1-2154) 10 Mile Creek Recreation Area Conceptual Plan- Consider staff recommendation to approve the plan and grant approval to proceed with preparation of a plan of implementation for Phase I. Mr. Gregg Boggs, Thomas Lucido Associates, addressed the Board on this issue. It was moved by Com. Lewis, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. 9. ADMINISTRATION (1-3416) A. New South County Annex Building- Consider staff recommendation to approve the Contract for Sale and Purchase, authorize the Chairman to sign the contract and addendums and direct staff to proceed with closing upon the County Attorney's approval of the due diligence of this property. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the Contract for Sale and Purchase, authorize the Chairman to sign the contract and addendums an direct staff to proceed with closing upon the County Attorney's approval of the due diligence of this property; and, upon roll call, motion carried unanimously. B. Bi-Weekly Reports- The Board gave updates on the various committees and advisory boards that they serve on. C-SA- Parcel Purchase Contract- Consider staff recommendation to approve the contract to purchase a 12.32 +/- acre parcel from Atlantic Gulf Communities along the North Fork of the St. Lucie River, authorize the Chairman to sign the contract and addendums and direct staff to proceed with closing upon the County Attorney's approval of the due diligence of this property. Com. Coward stated he felt there was not an urgency to move forward with the purchase of this property without the necessary funding partners. Com. Barnes stated he would like to move forward since the price for the parcel was a good price at this time. Com. Hutchinson suggested pulling this item until the Board could receive confirmation on the whether this parcel was a swamp or wetlands. Com. Barnes asked staff to provide environmental descriptions and committee recommendations on any future parcels under consideration. *** It was the consensus of the Board to pull this item for one week until all necessary information is obtained and concerns addressed. RA-l COUNTY ATTORNEY (2-432) Resolution No, 01-307/ City of Ft. Pierce Annexation Plan- Consider staff n:¡;ollll11endation to adopt [he resolution initiating connict procedures, and authorize the Chairman to sign the resolution. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 01-307; and, upon roll call, motion carried unanimously. RA-2. Mueller v, St. Lucie County Settlement Offer- Consider staff recommendation to reject the proposed settlement for the reasons stated: 9 " ........ ...., Staff believes that the County did not discriminate against the Plaintiff based on her record and for the reasons outlined in Mr. Shinkle's letter. Similarly, County staff believes that the Plaintiff should not recover on her sexual harassment claim for the reasons outlines in Mr. Shinkle's letter. On the sexual harassment claim, there appears to be one documented claim of harassment by the Plaintiff to the County. The record indicates that the County investigated the Complaint and took prompt remedial action. Staff believes that paying any money to the Plaintiff under these circumstances is not appropriate. It was moved by Com. Barnes, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call. motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court .. IO "", CC ..,,~:,j \.; .."" AGENDA REOUEST ITEM NO: ¿b DATE: December (g, 2001 Regular [X] Public Hearing [ ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community servicØ- SUBJECT: Commissioner Coward invited Madeline Smith, Director of External Affairs for the State of Florida Department of Elder Affairs, to present an overview of the Elder Ready Communities Program. The initiative recognizes the value of elders to Florida, and to our society in general, and the preparation that is needed to be ready to meet the collective needs of the burgeoning elder population. PRESENTED BY: Madeline Smith BACKGROUND: Commissioner Coward, Port St. Lucie Councilman Kelly and Fort Pierce Commissioner Nelson and respective staff held two meetings to explore the possibilities of this program and whether our community and businesses would be interested in seeking the designation of Elder Ready. The City of Port St. Lucie adopted Resolution No.01-R 68 on November 13, 2001, in support of the initiative and Ms. Smith is scheduled to make a presentation to the Fort Pierce City Commission on December 3, 2001. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: N/A [x] APPROVED [] DENIED [ ] OTHER: (4-0) Motion to proceed and bring back resolution as M. Anderson nty Administrator COMMISSION ACTION: NCE: CoordinationlSi211atures County Attorney: Management &; Budget: Purchasing: Other: Qriginating Department Other: Finance: Check for copy only, if applicable: 1 . > 11/19/2aßl 14:ßa 561-344-4ß94 CITY CLERKS CFFICE PAGE ß2 /. \..; ....., , .. RESOLUTION 01-R 68 " A RESOLUTION SUPPORTING THE DEPARTMENT OF ELDER AFFAIRS' INITIAIlVE TO MAKE FLORIDA ELD~R READY: PROVIDING AN EFFECTIVE DATE. CIA__llB' DAtE 11/13/( WHEREAS, th~ City of Port S1. Lucie supports the Department of Elder Affairs' initiative to make Florida Elder Ready. so 'elders can be independent as long as possible, and to remain in 'their homes and in the communities they love; and WHEREAS, the State of Florida has the highest percentage of elders of any state in the nation. and that our elder population will continue to increase, reaching numbers without precedent in the first part of the 21st Century; and ,WHEREAS. In order to allow elders to maintain their dignity, security and independence, communities must evaluate, assess and modify their infrastructures to become Elder Ready; and WHEREAS, th,e City of Port St. Lucie and the Department of Elder Affairs share the vision and responsibmty to improve the life of all its citizens, so they can prepare for , and enjoy aging in plaèe throughout their life: and WHEREAS, In order to achieve our mutual goals. cities and counties should begin to build together a place free of mobility barriers. NOW, THEREFORE. BElT RESOLveD BY THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE:, Section 1. That the City of Port St. Lucie will make every effort to first, evaluate and later remOl/e barriers to become Elder Ready. Section 2. This resolution shall become effective immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this 13th day of NoIJa[i')er I 2001. CITY COUNCIL CITY OF PORT ST. LUCIE ~~ ~ . . t '-' 'WI Open Letter to Florida Communities ..... .. .,..... ,. l ~ .. . . ~ . ;. , ..: ;' i I \ . . ,. I ~ ~. 1: .: ~. r. GellUl G. Herna"dez, D.P.A. Secretary, Florida Department of Elder Affairs The general public belief is that it is the responsibility of the Department of Elder Affairs to help elders remain in their homes. While the Department does have a serious responsibility for making sure fi'ail elders are enabled to remain in the homes and communities they love as long as possible, the Dcp~nt also shares that important responsibility with a variety of other entities-two of which are city and county governments and officials. Through our Elder Ready Communities initiative, the Department will begin providing these local r entities a mechAn;c:m to actively participate in identifying if their comÌnunities are Elder Ready. Living in an Elder Ready Community will enable more elders to remam independcnt and in their own homes longer. Using MONEYmaga:D.ne's Best Places to Live 2000 as a point of reference, thc Florida Department of Elder Affiürs is, therefore, intending to' survey a number of communities in Florida to determine their degree of Elder Readiness. To accomplish this task, the Department will be recruiting community volunteers to eValuate how ready their communities are to absorb the increasing numbers of elders. Some people may wonder. why would a community like to be, and why should they be, elder ready? These questions may be raised because we confuse elder ready communiûes with rctirement communities. They are not the same, however. A retirement community is a closed community for retirees to livc in. An elder ready community is an open neighborhood, town, or an entire city where intergcnerational activities and bonding tak~ place. It is a community where interdependence and connectivity are the key ingtcdients and where land use is determined with input from elders. The main difference between the two types of communities is that an elder ready community creates a physical and emotional environment that celebrates positive aging, éncourages self care and engages elders in a variety of activiûes. An Elder Ready Commtmity possesses the inñ-astructure of services, the street designs, the leisure activities p1Annmg, the waDœble streets, the consumer protection and zoning Jaws, and elder friendly businesses and go\'eltlmcnt agencies that enhance anelder's.independence. The majority of the planning and ordinances needed for a community to become elder ready are decisions made at the 1ocal1eveL All these 1àctors, often invisible to our eyes, are essential strands of the safety net we need to prevent nursing home placements. l '- ." . " . ,0 "" I " . ~ ( t' ./ , ( '\, . Barriers that prevent indivichl1s Û"om aging in place with sec:urity bit purpose are created or dismantled at the local level. Barriers such u inadequate tranSportation or transportation with in1i'equent and inconvenient routes force elders to continue to drive. Once they lose the ability to drive or decide not to drive any more. these barriers make elders prisoners in their homes with no way to COMect with their comnnmities. Some of the elders that volunteer for the Department"s Senior Companion Program regularly relate they are not able to'do more because of such limited mobility. To cope with the mass lon¡evßy and the sheer volume of elder Floridians, and their projected mcreasing numbers, we must encourage our cities and counties to explore the possibility 'of , becoming Elder Ready. An Elder Ready Community brings benefits to the entire C01tUDunity, including its children. A commlJlÛty that is designed and planned with elders in mind is more livable for everyone. r The Department intends to launch our Elder Ready survey instruments in the near future in St. Augustine, Florida. These instruments will ultimately include: the Elder Ready Community Report Card for the WeD Elder, the Elder Ready Community Report Card for the Frail Elder, and, the Elder Ready Community Report Card for Elders Living in a Rura1 Area. Symbolically, we would like the oldest city in the United States to be the first city in the country to be Elder Ready. Once the announcement and the unveiling of the survey instrument takes place in St Augustine, the Elder Ready awareness tour will commence and lead throughout Florida. During the tour this summer, 1 will be visiting communities, presenting the city and county officials with the Elder Ready survey instrument. If the city or county has established a long-term care advisory group, the group will be included in th.e presentation. The presentation will be done jointly with the local Area Agency on Aging and the Department of Elder Affairs" CARES program. The second stop in the Elder Ready Community awareness tour Will be Miami, followed by several cities. We are currently making arnDgements to tour such cities as Palm Beach Gardens, Fort Lauderdale, Orlando, and Pensacol~ and will be visiting the Tampa Bay vicinity, as well. Characteristic of much of Florida, most of the communities to be visited have a very large elder population. Pensacola is an example of a community with pockets of more rural area, and in this ease, the survey will focus on the special needs of elders in rural areas. The Elder Ready Community awareness campaign is designed to give communities a wake-up call and to further break down the negative connotations associated with aging. The Department intends to reach out to individual elders, and offer them the opportunity to have a voice in their own community. In true partnership. together we can create a truly community-based and consumer-driven initiative. Committed to working together for older Floridians, 1 am . . . Sincerely, ~4 Gema G. Hernandez, D.P.A Secretary ;. . . . . ,'" .... ... .... 0·.. ........" ~. ."¡' ( . (- "'" ....., Steps/or Your Community to Become Elder Ready Gema G. Hernandez, D.P.A. Secretary, Florida Department 0/ Elder Affairs 1. Arrange a meeting with city and county commissioners, city planners, and mayor to explain the idea of Elder Ready Communities. 2. Obtain a Resolution from your local governing group. See sample resolution. 3. Send the Resolution to Secretary Hernandez, and you will then receive copies of the three sample survey instruments: Well Elders, Frail Elders, Elders Living in a Rural Area. 4." City or county governments determine the best method to use the survey instruments. Possible strategies include . A. Creating an ad hoc committee B. Creating a committee or commission on Elder issues C. Creating an Elder Affairs Office D. Appointing a liaison between the Department and the city E. Engaging the professional" assistance of a city planner to apply the suggestions in the evaluation and survey instrument F. Others Once the city or county decides the best internal mechanism to implement the process, it begins looking at the survey instrwnent. " S. The survey instrument is to be used as a guiding tool to be modified or further adapted to each individual community situation. 6. The first step in applying the instrument is to define the geographical area this specific community intends to canvas because a city may need to apply the instrument to different neighborhoods. Example: A city may end up with seven pre-identified neighborhoods instead of one instrument from the entire city. It is up to the local individuals to define the community boundaries. Once this important task takes place, each section of the instrument will begin to be applied to that geographical area. 7. The city or community can use volunteers to gather the information. If need be, the Department of Elder Affairs, in collaboration with the Area on Aging in that area, will work to identify and connect volunteers to accomplish the task. 8. Some of the information needed to complete the survey can be found in the office of the city or county planner. Other information will be found by actually watking the streets, timing the traffic lights or visually evaluating the conditions of the bus stops. . . 9. The section of the instrwnent that addresses the Business Sectom is tied to the Department of Elder Affairs Elder Friendly Business Survey and protocols. The Department will be more than happy to provide the necessary information to complete the section. ;, ..- . .;,.:..~ I ..... . ( " (.' '-" ....,¡ 10. Once the information Is complete, it should be sent to the Department of Elder Affairs Office of Evaluation. Tbe Department intends to tint compile and then analyze the information from a step auide ~Itpective. 11. Tbe tool is designed to provide immediate feedback to the community so they will be able to .. identify the areas that require change. . . .- . The goal is to identity the areas in need of change and make them part of the city or county plans analysis. PD.ce the information is gathered. a Plan of Action is to be developed by the community with the teclmical assistancè (if invited) of the Department ~ ;' . ., , . Creating An ElderFriendly Business W ,', -Leading the Way... ~ _. .... . . . .': - -- ":':'. :-'-' . 2001 \. Gema G. Hernandez, D.P.A. Secretary ;, . Today, older Floridian consumers seek a more active lifestyle, live and work longer and indeed, spend more money than ever before. They are vocal consumers who want to be respected and treated with courtesy. They are . the fastest growing segment of the American marketplace and every Florida business should be making plans to adapt their policies and facilities to accommodate this growing market. ...., With the projected retirement of millions of baby boomers Gema G. Hernandez. D.P.A. within the next 10 years and many making Florida their home, Secretary marketers and business owners should realize that this segment of the marketplace will determine successful businesses in years to come. Today, Florida is home to more than 3.5 million older full time residents, spending more than $39.9 billion a year, second only to the money spent by tourists, many of those elders, visiting our state. Florida is also called home to half-a-million snowbirds a year who spend an additional $5 billion. - From industry that has developed around serving the needs of elderly in retail, healthcare, construction, financial and recreational services, generating more than 1.3 million in jobs, to local governments which have prospered from the net revenues generated by retirees, supporting local school boards and county services, elders-represent a huge, unrecognized economic and fiscal benefit to Florida. The Florida Department of Elder Affairs has embarked upon a new business initiative to assist business owners in developing "Elder Friendly" sites that will provide the services and meet the needs of Florida's present and future senior citizens. In line with our vision, our mission and our values, we extend an invitation to all businesses to join our initiative in serving Florida's eiders. "Elder Friendly" Makes Gooel Business Sense for Florida ;. ( ,'. ,,~, ' " , ',. '.' ;:<~;~WHAT.:DOES IT MEAN TO , , , ?' '::'BE ELDER FRIENDLY. . Elders are as diverse as any group or culture. Stereotypes associated with aging should be dismissed and discouraged in any business today. Training customer service or staff using an elder friendly program is the fU'st important step in changing attitudes and stereotypical perceptions. Today's elders live longer, healthier lives and are active consumers. Elders are givers in society, and focusing on elder friendly products and environmental adaptations in advertising will not only benefit all customers but assure your business is a part of this growing market base into the future. Become known as a business that pays attention to 'elder' needs and wants and 'respects' their contributions. · A Broader Marketing Base · Reliable Patronage · Reputation as an Elder Friendly Business · Community Awareness · Opportunity to receive educational training for service personnel · Referrals from elder customers to other family members '" i1.:Changing' Attitudes !~s :':(a'nd, Perceptions ',;~~~~';:è~Ab~U~ ,~gin.g" '. how:cìnd Resped <, ",' Your Elder , , ' :':~~'.;'''' Customers -. '<' .. . · Public display of Department of Elder Affairs "Elder Friendly" Logo and Certificate '-" ,,-:.~~; ,·.;·_~"-'f·'-"- ': '. .,.,:,,:',';--'''''1>';';¡.:'''- ".' ~~::i':=õ:~4 ~;~~,~!,:: . ;7,~iÞ~ ~flòiidà·Eldérs';.~{,~,~J/·" ';~;~'>~f~"~~:"''' -, "J ~'(_<"'<~f':,~~~~,'",:,.:;:~:;·,,:~ :'~:w~pur(hasl~g'p~weJ3':;" '; " ":,,Je.' . ",_.~. :' ....,.' ~"""~',: .,'. ,.':'>'.',";:- :;~f:' '~qûaluÎ1oré;than 'J:.':;> £tf:¿; 'iÒ¡1$55~·Billiorí.·~c>;:~;ð<' }~:;?,,~ ~,~~~~~~k~~:~'~p32~<~~ .~~.,:~:.-?:~.<;~\~~.,¿: ~' v ;',_;~,_~y". .:~~_ »;;:.. :""~;'~,"~':'-t.;....,..<:.(:-:'<,.~~.i. . / _. :.*t~floridci's Eldersand ". ." . ~~s~ó~bird floridians, spend ;~:~Þl~rly $3 Billion..·~.: .,.;~.:;:.:.~,~:",:; );~'t{:_::;>. .. ';.-':,-.;~..:~-'-", ;:.\<:···.-~eatlDg out·':.::<·· ?((:).~£:~t7(:,,;<- "" :'_" >.-:-:',7,':;",,; . ,. ..- :'·:·~~".ElDER tRIENDLY MAKES GOOD BUSINESS SENSE i ¡t' ./ ,.~:: ~·:t·:.:~:,;_, The facts speak for themselves. Florida's elder · population is and will continue to be a contributing factor to Florida's economic futUre. The so~cai1ed "age-wave" is upon us and within the next 10 to 15 years, Florida will be a recipient of many of the baby boomer retirees who will call Florida their home or their "bome away from home." These retirees will add to Florida's already booming elder population of nearly 3.5 million. Elders shop for everything from appliances to garden tools, baby items to savings bonds for their grandchildren, laundry detergent to pet supplies, health care to retirement facilities. Elders purchase goods and services and recognize those they trust by being repeat customers. Th.ey spread the word about a good business to their friends, their children and their grandchildren. They hold a business' reputation in their purchasing power, which is now estimated to be nearly $55 billion in spending power., Florida's business community must begin now to recognize this growing market. With more than 1.3 million jobs tied to retiree spending, ignoring the needs and wants of this vast market, could result in failures of missed opportunities for many Florida businesses. " ( . , =, ; ,.-. ',. - \ . . '.0 " 0 ::¿-.: .,', -.-. ~"~':HOW DOES YOUR BUSINESS RATE? , 6' . Important , Steps, .- . Does your business recognize that elder customers are important and strive to create an atmosphere of courtesy and helpfulness? Does your business recognize the importance of surroundings, good lighting, accessibility and design that doesn't discriminate against any group? Does your business recognize that design in packaging that incorporates size, color and easy access, with labels that are easy to read, add to "best marketing" practices? Does your business recognize that providing additional services that add value to customer service enhances business reputation? Does your business recognize that educating, training and maintaining staff to address elder issues is a good business practice? Does your business have policies that address elders? The Florida Department of Elder Affairs challenges . \ Florida's business community to begin thinking about this , growing elder market. Preparing now for this booming .- population of elders could be worth $55 billion. .. ..: l > f The Florida Department of Elder Affairs "Elder Friendly Business Program" is available to all businesses by contacting us at (850) 414-2000 ~ ( OUR MISSION To advocate and serve Florida's Elders. The Florida Department of Elder Affairs is the state agency designated by the Governor as the state writ on aging. It is the focal point on all issues concerning elder. Floridians. Dedicated to self-sufficiency and self-determination of older individuals, the Department's mission to serve elders is a challenging and rewarding one. OUR VISION, To lead the nation in providing older persons with information, choi~es and opportunities. To promote and implement Long- Term Care policies and procedures that are elder friendly. FLORIDA'S GOLDEN CHOICES AGING IN AN ELDER FRIENDLY ENVIRONMENT Gema G. Hernandez, D.P.A. Secretary To plan, coordinate, administer and mitiate programs and services that empower elders and their caregivers to age in pace with dignity, security, purpose, and in an elder friendly environment. AGING IN PLACE VALUES Elders First Compassion/Respect Accountability . Cost Effectiveness Diversity Consumer Driven Community Based Volunteers and Staff Teamwork AGING WITH SECURITY AGING WITH PURPOSE AGING WITH DIGNITY Florida Department of Elder Affairs 4040 Esplanade Way , Tallahassee, Florida 32399-7000 Phone: 850-414-2000 , :. . . . ~ . ...... . . ..".. . . '. " ( G) (1) 3 QJ G) ~~ n ~ ñ) :J fiJ~ ~a. (1) N .. c ~ o . :-0 ?> '-' . ""'"'"'"?/ ' '. . ,", . ............¥ . " '~........., . :.. . . .tt ," . -.....-'" l ~1 .f ."', :0=,.1 , ,;-,¡ . :".j::f¡. ". .'.~. ..__..~~ nm 0- a~ a~ C=a ~ID _I AI .. -I ~ ID,< &.fI' ...",¡ :.".....~.~ ~ () :::':~:,i F· . =. --. : -I .."'"":, ......., / . T~::~~ ~ " j íi--. mo ".., ',' ./': ..... j ~.,:"""- "11 .(~.Z.) ~ :(~- "II ~ ...,....... 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Hernandez, D.P.A. Secretary .., . '. '""" -..""I .,. . ( CHECKLIST GENERAL FEATURES . CUSTOMER SERVICE o elder volunteer or staff advocate on site during peak hours o elder-sensitive service personnel o pqsitive) friendly conversational attitude toward mature customers o quick resolution of complaints/concerns o store policy/guidelines include service to elders . ENVIRONMENT/ARCHITECTURAL DESIGN o safe parking lots with easy access to establishment o non-reflective non-slip floor coverings o sliding or step-activated entry doors o step-less entry or exit doors. o store directories in large print at the entrance or overhead signs o good lighting o wheel chair accessible; ramps and lifts in addition to escalators o accessible elevators and escalators for multi-level floors _ 0 ~cessible bathrooms with easy to use fixtures and handicapped adapted o inside waiting or break areas with comfortable seating o inside user-friendly A TM systems; large print buttons o inside user-friendly' telephone systems; large print buttons o attention to acoustics and temperature controls o spacious and uncluttered aisles o accessible products and displays o comment! suggestion boxes . PRODUcr MANAGEMENT o senior premiums and discounts days o publications written in clear and understandable language o home delivery services o carry out service Leading the \Vay..... { \. ,r, .. .' . '-" "-" ( SPECIFIC CHECKLIST for PHARMACY, . CUSTOMER SERVICE o pharmacists with gerontological training o pharmacists who will come out from behind the counter to advise on products. diabetic supplies. etc. o personal assistance to buy from store aisles o staff trained in age-related changes, i.e. sight. ~earing. smell. taste o staff trained in common chronic illness of aging: arthritis, diabetes, congestive heart failure. pulmonary disease, etc o pharmacy clerks trained to be vigilant on medicine misuse/or mit::m~n3gement o short waiting periods ...".:" . ENVIRONMENT/ARClßTECTURAL DESIGN o courtesy window access for prescriptions and questions . PRODUcr MANAGEMENT o special medication packaging to facilitate medication compliance o computerized medication records, with flagging for possible drug interactions. allergic reactions. etc. o computer printout drug references provided with each prescription o large print customer receipts .~~~..~~: ~.D.Jt ~WI I J .... Leading the Way... (, ,." . .. ( ( '- .. . - . SPECIFIC CHECKLIST for GROCERY STORE OR SUPERMARKET . ' . CUSTOMER SERVICE o welcoming station with check cashing and mailing service . ENVIRONMENT/ARCHITECTURAL DESIGN o special "quick exit" checkout lines for ftail and disabled. o aisles that will fit a wheel chair and shopping cart side by side o lighter, smaller and more maneuverable shopping carts o motorized shopping carts o outside waiting areas with covered benches o food courts with table and chairs to "sit and rest". PRODUCT :MANAGEMENT o "senior counters" for ftequently purchased items o easy to read large print on product labels and nutritional information o custom packaged meats and produce in smaller portions at reasonable prices o expanded pharmacy and beauty care section o special "dietary foods~' aisle o large pririt customer receipts o pickup and delivery service j :~~~: Lj)f;~ l' ~ ~ Leading tbe·\Vay..o '. . . . '.' ~ , 4 ( SPECIFIC CHECKLIST for DEPARTMENT OR RETAIL STORE . CUSTOMER SERVICE o shopping aides o storewide buzzers to call for assistance o small shopping carts eENVIRONMENT/ARCInTECfURAL DESIGN o roomier and well-lit dressing areas o assistance in dressing areas . PRODUcr MANAGEMENT o electronic shopping o mail order shopping o sizes and fit appropriate for elders; more attractive and appealing clothing styles including petite sizes o special check out aisles for frail elders o sale tags with large print o large print customer receipts - r; J l l ( Leading the 'Vay... ~ ~ If· . '. ~ '^ JÌ ( SPECIFIC CHECKLIST for RESTAURANT . . . CUSTOMER SERVICE' o prompt. respectful and courteous service o waiters carry pocket lights to provide help with additiona1ligbt if needed . ENVIRONMENT/ARCHITECTURAL DESIGN o quiet dining areas away from entry doors and kitchen o clean and sanitary setting o easy access or special seating areas with wider ~le~ o adjustable lightning .' o accessible parking o easy listening music . PRODUcr MANAGEMENT o menus with larger print o healthy menu choices o smaller servings at reasonable prices o larger selection of tastefully prepared vegetables o ~'early bird specials" o special value meals for seniors .;~;¡¡¡~~-' u ER ";~~, o options that include special dietary requests ' 1 \ J ... lading the Way... \ .' , '. . . ,.. . - ...., ( SPECIFIC CHECKLIST for GOVERNMENT SERVICE OFFICES .. CUSTOMER SERVICE o kind and courteous personnel . o attentive and helpful employees for processing applications o elder-sensitive, customer service personnel training o sbort waiting periods for processing applications . ENVlRONMENT/ARCHiTECfURAL DESIGN . . 0 nearby senior parking and/or transportation to building areas that are not easily accessed o comfortable waiting areas with seating o extra lighting in hallways and stairwells o "take a number" boxes . PRODUcr MANAGEMENT o brochures about services and informational maps o reception areas for directions and information o wbeelchairs, reading eye glasses for reading documents, bearing aides. o video or audio taping for courtroom testimony or depositions for frail elderly ...n. .... "J--. ~ ~ 1Illl Leading the Way.... . I "- ,'.... .... .. .. '. .' . '.. . ".".. . . .' , . . . ~ .. - ( SPECIFIC CHECKLIST for BANKS e CUSTOMER SERVICE D staffwho knows customer by name o tellers vigilant for signs of financial exploitation D kind and courteous personnel o short waiting periods eENVIRONMENT/ARcmTECTURAL DESIGNS o comfortable waiting areas with seating o safe parking lots with easy access to establishment D "user-friendlyn ATM systems: large print buttons, audio instructions o wheel-chair accessible teller counters o a drive up system suitable for arthritic bands o JlO plexiglass between patrons and tellers ePRODUCTMANAGEMENT o bill paying services o customer service personnel available to answer questions D premiums for elder patrons-nee checking, no annual fees, etc. D telephone or computer banking services ·.~~~é~· ~E,R~! .. Leading the Way... (, . ... .' .... . . ~ .... .... . ,. : ,~ . . ( ~. '-' ....,¡ SPECIFIC CHECKLIST For Hotels .CUSTOMER SERVICE . o positive and attentive personnel o short waiting periods .ENVIRONMENT/ARCHITECTURAL DESIGN o hand rails in bathrooms o good lighting o treads and risers on stairs with contrasting-color strip o pressure anti-scald valves in tubs and showers o soft touch or rocker switches for lights. o side lights at doorways. o bold directional signs with a contrasting color background , " .PRODUCT MANAGEMENT o furniture with rounded edges o halogen task lamps o large dial telephone o low pile carpeting o diffuse lighting, matte furniture surfaces o soft white walls o talking alarm clock o guide dog bowl o black/white color scheme with red accessories for high visual constrast o large print hotel directories Leading the Wåy... . ;, .. ~ 4' , , . .' . . 4 .' . , - to . . to c' .' t '., . '. '-' ...., ( State 01 Florida Department 01 Elder Affairs Governor Jeb Bush Secretary Gema G. Hernandez, D.P.A.. Elder Ready Communities · Elder Ready Communities is an initiative of the Florida Department of Elder Affàirs that is being announced during Older Americans Month of the year 2000. · -The initiative is born of Govemor Bush's leadership in recognizing the importance of Florida's elders as an asset to Florida. and his vision of Florida leading the nation in programs for elders that are community-driven. · Dr. Gema G. Hernandez, Secretary ofthe Florida Department of Elder Affàirs, bas further trans1ated the Governor's vision into the Elder Ready Communities initiative that both recognizes how valuable elders are to Florida, and to society in general, yet how much preparation is needed for our state and all America to be ready to meet the collective needs of the burgeoning elder population. - . How valuable elders are to Florida: · They are the backbone and moral fiber of our society, passing down wisdom · Their intergenerational bonding benefits younger generations, e.g. by mentoring . There are more than 1.7 million elders volunteering in Florida · These elders provide more than 366 million volunteer hours per year · The estimated value of Florida elders volunteer activity is $4.4 billion · Elders income can provide communities a cushion against a depressed economy Elder's income exceeds $2 trillion Elders have 50% discretionary spending power Elders own over 70% of the financial assets in America Elders control nearly $9 trillion in net worth Florida elders pay $1.4 billion in local taxes and property taxes Florida elders pay $3 billion in sales taxes Florida elders support local schools with $1.1 billion in taxes Elders engage philanthropic endeavors, further benefitting communities · · · · · · · l · ;. ,... . : ',.~ . f' ,¡ . :' . " . '-' Wby Florida should prepare to be Elder Ready: ....,¡ ( · · · · · · · · Florida is a desirable location for many elders to temporarily or permanently relocate to: climate; cost of living; consumer protections; no tangible tax structure' . ' no personal mcome tax; nature of estate and property taxes Florida has the highest nûgration of "snowbirds" More than 50,000 new year round residents retire to Florida every year Elders are living longer, healthier lives, and this trend is likely to continue The aging of the <'Baby Boom" Generation (persons born from 1946 to 1964) will dramatically increase the growth of the elder population In the 21"1 century, older people will outnumber children for the first time in history Florida already has the highest proportion of elders of any state in the nation Nearly 1 in 4 persons in Florida is an elder Florida is projected to continue to have the highest proportion of elders A <\vindow of opportunity" is open now for us to prepare for this burgeoning elder population · · . Wbat the Elder Ready Communities Initiative Does: · Seeks to enhance recognition of both the value of elders to Florida's communities, and the need to prepare for the projected growth of elders in our population · Realizes that most of the planning, ordinances, and characteristics of a community that can make it elder ready often "invisible" and are mainly decided at local levels · Intends to assist communities to identify the areas where they need improvement in order to become Elder Ready in their own local area and by using their own community standards . Bow the Elder Ready Communities Initiative Will Do This: · Provide information about local communities that will help motivate local officials to undertake the Elder Ready Communities survey · Provide a survey instrument which can be utilized by local community volunteers · Assist with preparing a summary of findings from the survey instrument that will , "identify what the area needs to have in place to be Elder Ready (Action Plans) · Verify the community is Elder Ready (at a later date, e.g. several years?) · Issue an Elder Ready designation to the communities . Additional Information: · · · · · l · ;. The Elder Ready Communities initiative is in early stages of implementation The Elder Ready Communities Report Card being introduce~ is for Wen Elders Two additional versions in development are for frail elders and elders in rural areas The first city the Elder Ready Community Report card will be presented to is the oldest city in Florida, St. Augustine. Next, it will be introduced in Florida's youngest city, Miami. Secretary Hernandez will be traveling to various cities throughout Florida this summer to introduce and encourage the use of the Elder Ready survey instrument - , '. , ~t .., t. ( , ( lUTE OF ILOIIOA . ..- '. ~ ~iQE(~~ I! t' f.',;, ~\ \ , "; r.. \ , 1., '\ .~ . .... ""'" , Gema G. Hernandez, D.P.A. Sec:retary Elder Ready Community Sample Resolution Whereas, supports the Department of Elder Affairs' initiative to make Florida Elder Ready, so elders can be independent as long as possible, and to remain In their homes and in the communities they love; and Whereas, the State of Florida has the highest percentage of elders of any state In the nation, and that our elder population will continue to Increase, reaching numbers without precedent In the first part of the XXI Century; and Whereas, In order to allow elders to maintain their dignity, security and Independence, communities must evaluate, assess and modify their infrastructures to become ' Elder Ready; and Whereas, and the Department of Elder Affairs share the vision and responsibility to improve the life of all its citizens, so they can prepare for and enjoy aging in place throughout their life; and ;. Whereas, in order to achieve our mutual goals, cities and counties should begin to build together a place free of mobility barriers, t-t,..I/, / . ./ t:--~. .-. iÁ'/~j~"':,-, :;',' c'''',;''\ .:.. ". Jlfr~-. ~~~_ - _A\.\ .." <('! ._,:~q, ~~~/'''''''\,~' z' : ; ¡... L," :..¡&,"!: . . \ .-. ~Jit¡/ /,::. i \. ~, " ......, " 't - . ~<.. ......:- L-, ~" ìVt ~;I~':....'" ...... V. , ---...... .' ·v·\.. "'..... BE IT HEREBY RESOLVED that our communIty. ,will make eveI)' effort to first, evaluate and later remove barriers to become Elder Ready. '-' ....." Agenda Request Item Number Date: Sf!- Dee 1', 2001 Consent Regular Public Presentation Leg. [ X ] [ [ ] ~ Quasi-JD [ ] SUSJECT: SACKGROUND: Draft Ordinance 01-003 - Statewide Building Code Draft Ordinance 01-003, provides for the adoption of the Sta ewide Building Code as described in Chapter 553.70, Florida Statutes, and as published by the State of Florida, Department of Community Affairs and the Standard Unsafe Building Abatement Code, 1997 edition, promulgated by the Southern Building Code Congress International, Inc. To: Submitted Sy: Board of County Commissioners Community Development After Hurricane Andrew in 1992, there were numerous concerns raised about the substance and applicability of Building Codes throughout the State, Under the previous regulations effecting Building Codes, each jurisdiction in the State had the option of selecting from up to three (3) model codes and they further had the ability to amend those codes as they saw fit to meet local conditions. In order to provide for a more uniform application of building codes and standards through the State, a Statewide Building Code Commission was authorized in the mid 1990's. After three years of review and preparation, the Florida Building Codes Commission issued the Statewide Building Code, to which all jurisdictions are to enforce effective January 1, 2002. Local amendments to the technical parts of the Statewide Code are not allowed unless the Florida Building Commission approves them. You will however, note that there are a number of minor administrative additions to the building code, proposed in Ordinance 01-003. These amended guidelines are designed to provide for specific local construction administrative procedures, but are based upon several general principals and language suggestions provided by the Florida Building officials association. FUNDS AVAILABLE: PREVIOUS ACTION: N/A At the November 15, 2001, meeting of the Planning and Zoning Commissionl Local Planning Agency, the Planning and Zoning Cornmissionl Local Planning Agency voted to recommended that the Board approve Draft Ordinance 01-003 This is the second of the two required public hearings on this matter. The first public hearing on this matter was held on December 4, 2001. At that time no specific public comments were received on these proposed amendments. RECOMMENDATION: Staff recommends approval of draft Ordinance 01-003. Douglas M. Anderson County Administrator COMMISSION ACTION: [X] APPROVED D DENIED D OTHER 4-0 Amended to chanqe effective date to March I, 2002 for Florida Buildinq Code except swimming pools effective Jan. 1, 2002 Coordination/ Signatures and lo'~Jnt¡v~tBf?têi¡Peed J an. 1, 2 0 ~t: & Budget: Originating Dept.: Other: Finance: Purchasing: Other: (AGEND605a) ~ ...., County Commission Review: December 18, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: Board of County Commissioners FROM: Dennis Murphy, Asst. Community Development Director DATE: December 5, 2001 SUBJECT: Draft Ordinance 01-003 - Statewide Building Code Attached is a copy of Draft Ordinance 01-003, which would provide for the adoption of the Statewide Building Code as described in Chapter 553.70, Florida Statutes, and as published by the State of Florida, Department of Community Affairs and the Standard Unsafe Building Abatement Code, 1997 edition, promulgated by the Southern Building Code Congress International, Inc. Copies of these Codes are available for review in the Office of the Public Works Director and shall be available for public inspection during the regular business hours of such office. After Hurricane Andrew in 1992, there were numerous concerns raised about the substance and applicability of Building Codes throughout the State. Under the previous regulations effecting Building Codes, each jurisdiction in the State had the option of selecting from up to three (3) model codes and they further had the ability to amend those codes as they saw fit to meet local conditions. In order to provide for a more uniform application of building codes and standards through the State, a Statewide Building Code Commission was authorized in the mid 1990's. After three years of review and preparation, the Florida Building Codes Commission issued the Statewide Building Code, to which all jurisdictions are to enforce effective January 1, 2002. Local amendments to the technical parts of the Statewide Code are not allowed unless the Florida Building Commission approves them. You will however, note that there are a number of minor administrative additions to the building code, proposed in Ordinance 01-003. These amended guidelines are designed to provide for specific local construction administrative procedures, but are based upon several general principals and language suggestions provided by the Florida Building officials association. At the November 15, 2001, meeting of the Planning and Zoning Commission/ Local Planning Agency, the Planning and Zoning Commission/ Local Planning Agency voted to recommended that the Board approve Draft Ordinance 01-003. '-' ...., December 5, 2001 Page 2 Subject: Draft Ordinance 01-003 - Statewide Building Code This is the second of the two required public hearings on this matter. The first public hearing on this matter was held on December 4, 2001. At that time no specific public comments were received on these proposed amendments. Staff recommends approval of draft Ordinance 01-003. If you have any questions, please let me know. lopment Director DJMI OR_003a_MEM03(H) cc: County Administrator County Attorney Planning Manager Public Works Director Building & Inspection Manager '-' ....., 1 ORDINANCE NO. 01-003 2 3 4 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 5 DEVELOPMENT CODE BY AMENDING CHAPTER . t3,.BUILDING 6 REGULATIONS AND PUBLIC WORKS CONSTRUCTIOI'4MANUAL, TO 7 AMEND SECTION 13.00.00, BUILDING CODE, TO PROVIDE FOR THE 8 REPEAL OF THE REFERENCES TO THE STANDAR.D BUILDING CODE, 9 1997 EDITION, INCLUDING APPENDIX A, AS PROMULGATED BY THE 10 SOUTHERN BUILDING CODE CONGRESS1NTERNATIONAL, INC.,AND 11 TO ADOPT THE FLORIDA BUILDING CODE,·· AS DESCRIBED IN 12 CHAPTER 553.70, FLORIDA STATUTES, AND AS PUBLISHED BY THE 13 STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND 14 THE STANDARD UNSAFE BUILDING ABATEMENT CODE, 1997 15 EDITION, PROMULGATED BY THE SOUTHERN BUILDING CODE 16 CONGRESS INTERNATIONAL,JNC.; TOiPROVIDE FOR THE CREATION 17 OF A NEW SECTION 13.00.01(B) TO PROVIDE FOR THE ADDITION OF 18 CERTAIN LOCAL AMENDMENTS TO THE TOTHE FLORIDA BUILDING 19 CODE; TO PROVIDE FOR THE AMENDMENT AND RENUMBERING OF 20 SECTION 13.00.01 (C)tAND 2iWHICH ADDRESS THE MOVING OF 21 BUILDINGS IN ST. LUCIE COUNTY; TO PROVIDE FOR AMENDMENTS 22 TO SECTION 13.00.02, COASTAL CONSTRUCTION REQUIREMENT TO 23 ADDRESS CHANGES REQUIRED BY THE ADOPTION OF THE NEW 24 FLORIDA BUILDING CODE; TO PROVIDE FOR THE DELETION OF 25 SECTIONS 13.01.00iTHROUGH 13.07.00; BY PROVIDING FOR 26 CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; 27 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE 28 DEPARTMENTOFiSTATE; PROVIDING FOR AN EFFECTIVE DATE; 29 PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. 30 31 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the 32 following determination: 33 -------------------------------- Underline is for addition Glrike TMI'OI:Igh is for deletion Ordinance #01-003e Dralt#3 Page 1 PRINT DATE. 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 2. 3. 4. 5. Ordinance #01-003e Dralt#3 ~ .....,¡ 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of Cou nty Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-23 - 99-02 - 99-04 - 99-15 99-17 00-10 00-12 March 14, 1991 November 7,1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 June 13, 2000 June 13,2000 Mayt4,..1991 June 2, 1992 February16,1993 May 25,t993 June 22,1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 20, 1999 November 2, 1999 June 13, 2000 June 13, 2000 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 - 00-13 - On November 15. 2001, the LocalPlanning Agency/ Planning and Zoning Commission heldapubHchearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 dayspriortothe hearing and recommended that the proposed ordinance be a.pproved. On December 4. 2001, this Board held its first public hearing on the proposeddrdInance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on November 21, 2001. On December 18. 2001, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the PortSt. Lucie News and the Tribune on December 6, 2001. -------------------------------- Underline is for addition 011 ikð Throl:lgl , is for deletion Page 2 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 '-" '-' 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: ******************************** CHAPTER XU I BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL 13.00.00 BUILDING CODE 13.00.01 GJ:NJ:RALL Y ADOPTED A. ADOPTED Tne 8tal ,dard DuildingCode, 1 SS? edition, including Appel,dix A, as promulgated by the Goutnern DuildingGodeCongl ess International, II ,c., is adopted by I eference as the Duilding Code of the County, to apply tð the unincorporated areas of the County. A copy of such Code shall be filed in the office of the rublic Work.! Dil'6ctol and shall be available for public inspection during the regular business hours of such office. The Florida Building Code. as described in Chapter 553,70, Florida Statutes, and as Dublished bvthe State of Florida. Department of Communitv Affairs and the Standard Unsafe -------------------------------- Underline is for addition Gtril(t Thl'Ol:Igh is for deletion Ordinance #01-003e Dralt#3 Page 3 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 '-' ....., Building Abatement Code, 1997 edition. Dromulgated by the Southern Building Code Congress International. Inc.. are hereby adoDted bv reference as the Building Code of the County. to aDDlv to the unincorDorated areas of the Countv. A CODY of such Code shall be filed in the Office of the Public Works Director and shall be available for DubHc insDection during the regular business hours of such office. B. LOCALAMENDMENTS TO THE ADMINISTRATIVEPROCEDURESCHAPTER OFTHE FLORIDA BUILDING CODE . Section 101 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: 101.3.3 Permitting and InsDection. The insDection or Dermitting of anvbuilding.svstem orclan bvthe iurisdiction under the requirements of this code shaltnotbèconstrued in any court as a warranty of the physical condition of such building, system or plan ortheir adequacv. Neither St. Lucie Countynor any employee thereof shalt be liable in tort for damages for any defector hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any comDonent of such. which may occursubseauent to such insDection or Dermitting, unless the emplovee of Sf. Lucie Countv is found to have acted in bad faith orwith malicious DurDose in a manner exhibiting wanton and willful disregard of thesafetv. health and welfare of the Dublic. ************ 101.4.2.3.2 Unsafe Buildings shall be abated using the Standard Unsafe Building Abatement Code. 1997 edition. Dromulgated bvthe Southern Building Code Congress International. Inc.. subiect to all amendments, modifications or deletions hereinafter contained. ************ 101.4.13 Rules of Construction The rules set out in this section shall be observed. unless such construction is inconsistent with the manifest intent of this chaDter. The rules of construction and definitions set out here shall not be aDDlied to any section of this chaDter which contains anv eXDress Drovisions excludina such -------------------------------- Underline is for addition Qtrike Throl:lgh is for deletion Ordinance #01-003e Dralt#3 Page 4 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Ordinance #01-Q03e Draft #3 101.4.13.1 '-' "w1I construction. or where the subiect matter or content of such section would be inconsistent with this section. Generally. All orovisions, terms. ohrases and exoressionscontained in this division shall be liberallv construed in ordertha.t the true intent and meanina of the administrationofthe iurisdictionmay be fully carried out. Terms used in this division. unless . otherwise soecificallv provided, shall have the meaninas orescribed b'lthé statutes of this state for the same terms. 101.4.13.2 Text. 101.4.13.3 In case of any difference of meaningorIl11olication between the text of this division and anv fiaure. thètêxt$hª-lIcontrol. Delegation of authority. Whenever a orovision appearsréquiring the building official or some other officer or employee to dOsorne act or perform some duty. it is to be construed toauthorizethe building official or other officer to designate. delegate and authorize orofessionallevel subordinates to oerform the reauired act or dutv unless the terms of the orovision or section soecifvotherwise. 101.4.13.4 Month. The word "month" shall mean a calendar month. 101.4.13.5 Shall. may. The word "shall" is mandatory: "may" is permissive. The word "shall" takes precedence over" may." 101.4.13.6 Written or in writing. The term "written" or "in writina" shall be construed to include anv reoresentation of words. letters or fiaures whether by orinting or otherwise. 101.4.13.7 Year. The word "year" shall mean a calendar vear, unless a fiscal year is indicated. -------------------------------- Underline is for addition OIrikð Throl:lgh is for deletion Page 5 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 101.4.14 101.4.15 Ordinance #01-003e Dralt#3 '-" ""'" 101.4.13.8 Intemretation. Intemretations of this chapter shall be made bv the buildinQ official. not defined. Words not defined herein shall have the meaninq stated in the Florida Statutes or other nationallv recognized codes, or other documents, manuals or standards adoptedelsewherèinthischapter. Words not defined in those documents shall have theil'l'1éanins¡ stated in the Webster's Ninth New ColleQiate Dictionary. asrevisèd, In case of a conflict in definitions or codes. the appropriate definition (or code) to be applied shall.bethe one applicable to the trade in question. In case of a conflict bétwèen different parts of this chapter: conflicts within the samecóde: orconflicts between code: the more strinQent requirements shall be applicable. Defined on or abandonment. (1) Termination of a construction proiect by actor without iust cause or proOèrnötification to the owner including on fortermination.(2) Failureof a contractor to perform work without se forninetv (90)davs. (3) Failure to obtain an approved inspection nehundred eightv (180) davs from the previous approved inspection. sed value. Forthepumose of this section, appraised value is defined r(1) one hundredänd twentv (120) percent of the assessed value of ctureas indicated bv the Countv Propertv Appraiser's Office or (2) uèasindicated in a certified appraisal from a certified appraiser. ed value. The value of real propertv and improvements thereon as hed bv the County Propertv Appraiser. ¡zed agent. A person specificallv authorized bv the holder of a te of competencv to obtain permits in his stead. ind Speed Line. The basic wind speed line forthe iurisdiction shall stablished bv the wind speed contour map attached to, and made this chapter if applicable. Words 101.4.14.1 101.4.14.2 Words Aband a contr the reas iust cau within 0 Apprai aseithe the stru the val Assess establis Author certifica Basic W be as e part of , -------------------------------- Underline is for addition Glrike Ti'lrol:lg~ is for deletion Page 6 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Ordinance #01-003e Dralt#3 '-' ..."" Board. The appropriate City or County Board of Adiustment and Appeals, unless otherwise specifically stated. Building component. An element or assembly of elementsintegral to or part of a buildina. BuildinQ shell. The structural components. that. cönlPletelv enclose a building. including, but not limited to. the foundation. strUctural frame. floor slabs, exterior walls and roof system. Building system. A functionallv related group of elements.cÒlTlbOnents and/oreauipment. such asthe electrical. plumbing and mechal'1icaJ systems of a building. Certification. The act or process of obtaining a certificate of competency from the state or municipality through the review of the applicant's experience and financial responsibility as wellas successful passage of an examination. Certificate of comDetency (certificatékAnofficial document evidencing that a person .is qualified to engage in the business of contracting. subcontracting or the work of a specific trade. Certificate of eXDerience. An official document evidencing that an applicant has satisfiedthe work experience requirements for a certificate of competency. Certificate of occupancy (C.O.). An official document evidencing that a building satis.fies the reauirements of the iurisdiction for the occupancy of a building. Certified contractor. Anv contractor who possesses a certificate of competency issued bv the Department of Professional Regulation of the State of Florida. Change of occupancy. A change from one Building Code occupancy classification or subclassification to another. Commercial building. Any building, structure. improvement or accessory -------------------------------- Underline is for addition Gtrike Throl:lgh is for deletion Page 7 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Ordinance #01-003e Dralt#3 '-' ....,.¡ thereto. other than a one- or two-family dwelling. Cumulative construction cost. The sum total of costs associated with any construction work done to a buildina or structure either at one (1 ) time or at different times within a specified period of time. Demolition. The act of razing. dismantling or removal of a building or structure. or portion thereof. to the Qround level. Examination. An exam prepared. proctored and aradedbvarecogn1zed testina aaencv unless otherwise Implied in context or speCificallv stated otherwise. FCILB.- The Florida Construction Industry Licensing Board. Imminent Danaer. Structurallv unsound conditiOns of a structure or portion thereof that is likely to cause physical iniurytoa person entering the structure: Or Due to structurally unsound conditions, anv portion of the structure is likely to fall. be carriedbvthe wind. or otherwise detach or move. and in doing so cause phvsicaliniÜrtor damage to a person on the property or to a person or property nearby: Or The¡ condition of the propertv is such that it harbors or is inhabited bv pests. vermin. or organisms iniurious to human health. the presence of which constitutes an immediate hazard to people in the vicinitv. Inspection warrant. A court order authorizing the official or his desianee to perform an inspection of a particular propertv named in the warrant. Intensification of use. An increase in capacitv or number of units of a residential or commercial building. Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof, Licensed contractor. A contractor certified bv the State of Florida or the .Iocal iurisdiction who has satisfied the all state or local reauirements to be actively engaged in contracting. Market value, As defined in floodplain regulations of this code. -------------------------------- Underline is for addition Strike To,ro~gh is for deletion Page B PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Ordinance #01·003e Dralt#3 ~ 'wi Owner's agent. A person, firm or entity authorized in writing bv the owner to act for or in Dlace of the owner. Permit. An official document authorizing Derformance of a specific activity regulated by this chapter. Permit card or placard. A documentissued bytheiurisdiction evidencing the issuance of a permit and recording of inSDections. Qualifying agent. primary. A person who possessésthe reauisiteskill. knowledge. eXDerience and certificate of com Detencv. andihas the responsibilitv to sUDervise, direct. manaae. and control thebontracting activities of the business organizationwithwhich he is associated: who has the responsibilitv to supervise. direct. manage and control construction activities on a iob for which he has obtainedapermit; and whose technical and personal aualifications have been determined by investigation and examination and is evidenced bv his Dossession of a certificate of comcetencv. Qualifvina aaent. secondary. ÄDersornvho Dossesses the reauisite skill, knowledge. experience and certificate of comDetencv. and has the resDonsibilitvtosuDervise.direct. manage and control construction activities on a job for which he has obtained a Dermit. and whose technical and Dersonalaualifications have been determined by investigation and examination and isievidenced by his Dossession of a certificate of comqetencv. Reciprocity.To accept a verified affidayitfrom any municiDality or countv of the StateOfFlorida thatthe aDclicant has satisfactorily com Dieted a written examination in itsiurisdiction eaual in content with the examination reauired by this chaDter. Registered contractor. A contractor who has registered with the deDartment of Drofessional regulation of the State of Florida Dursuant to fulfilling the comDetencv reauirements of the local iurisdiction. Registration. The act or process of reaisterina a locally obtained certificate of comDetenCy with the state, or the act or Drocess of registering a state issued certificate of comDetencv with the municiDalitv. -------------------------------- Underline is for addition 011 HIe TI ,I ol:l¡;:¡1 , is for deletion Page 9 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Ordinance #01-Q03e Dralt#3 '-' .'wI Remodelina. Work which changes the original size. configuration or material of the components of a building. Residential building Any one- or two-family building or accessorv. Roofing.The installation of roof coverings. Spa. Any constructed or prefabricated pool containing water iets. Seecialtv contractor. A contractor whose services do notfall within the cate ories s ecified in Section 489.105 Florida StatuteSàsärnended Start of construction: · Site: The physical clearina of the site in preparation for foundation work including. but not limited to. siteclearina, excavation. de- waterinÇJ. pilinas andsoiltesting activities. · Building: The removal.disassemblv. repair. replacement. installation or assembly of thebuilding, structure. building system or buildinÇJ components in whole or parts thereof. Stoe Work.Order. An order by the building official. or his designee. which requires the immediate cessation of all work and work activities described in the order. StrÙcturalComponent. Any part of a system. building or structure. load bearingornon-Ioad bearing. which is integral to the structural integrity thereof. including but not limited to walls. partitions. columns, beams and girders. Structural work or alteration. The installation or assembling of new structuralcomponents into a system. building or structure. Also. any chanae, repair or replacement of any existing structural component of a svstem, building or structure. Substantial comDletion. Where the construction work has been sufficiently completed in accordance with the applicable city. state and federal codes, so that the owner can occupy or utilize the proiect for the use for which it is -------------------------------- Underline is for addition Qtrike nrou(jn is for deletion Page 10 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 """ 'WI intended. Value. Job cost. 2. Section 1 02 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: SECTION 102. BUILDING DIVISION. 102.1 Establishment. There is herebvestablished a division oHheDeoartment of Public Works to be called the Building and Inspections Dìvisìoh and the erson in char e shall be known as theBuildin and Ins ections Mana e . 102.2 Employee Qualifications: 102.2.1 Building Official QI,Jalifications. The Public Works DirectorforiSt. Lucie Countv. or his designee. shall serve as the Buildiha<Official for the County. as further described in Section 103. fofthe Florida Building Code, and as further amended by this Code. The Building Official shall be licensed as a Building Code Administrator by the State of Florida. pursuant to Section 568.609. Florida Statutes. 02.2.3 Emplovee Qualifications. The, Buildina Official. with the approval of the Board of County Commissioners may appoint or hire such number of officers. inspectors. plans examiners. assistants and other employees as shall be authorized by the Board from time to time. A person shall not be appointed or hired as inspector or plans examiner unless that person meets the aualifications for licensure as an inspector or plans examiner. in the appropriate trade as established by the State of Florida. 102.3 Restrictions on employees. An officer or employee connected with the Division. shall not be financially interested in the furnishing of labor. material. or appliances for the -------------------------------- Underline is for addition 011 ¡It!! TI d ol:lgl, is for deletion Ordinance #01-0038 Draft #3 Page 11 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 '-' """" construction, alteration. or maintenance of a building. structure. service, system or in the making of olans or of soecifications thereof. within the unincorporated areas of the County or anv other area of iurisdiction of the Building and Inspections Division. unless he is the owner of such. This officer or emolovee shall not engage in any other work which is inconsistent with his duties or conflict with the interest of the Division. 102.4 Records. The Building Official shall keeo. orcause to be kept. a recordoHhe business of the division. The records of thedivision shall be ooen tooublicinspection. unless amended bv Florida Law. 102.5 Liability. Anv officer or employee. or memberotthe.. Construction Board of Adiustments and Aooeals as established underSection 108 of this Code. charaed with the enforcementoftheFlorida Building Code or acting for the governing authority in the discharge of his duties. shall not thereby render himself oersonallv liable, and is hereby relieved from all oersonalliability. for any damage that may accrue to oersonsor Drooertv as a result of any act reauired or oermitted in the discharge of his duties. Anv suit brought aaainst any officer or employee Or member because of such act oerformed bv him in the enforcement of an v orovisions of this code shall be defended bv the County Attorney until the finaltermination of the proceedings. unless such oersonisfound to have acted In bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for the safety. health. and welfare of the oublic. 3. Section 1 030fthe FloridaBuilding Code, as applied to and in St. Lucie County, is amended to add the following Sections: SECTION 103. POWERS AND DUTIES OF THE BUILDING OFFICIAL 103.1 General. The Building Official is herebv authorized and directed to enforce the orovisions of the Florida Building Code. as aoolied to and in St. Lucie Countv, and other aoolicable codes and regulations related to the develooment of orooertv. set forth in the St. Lucie County Land Develooment -------------------------------- Underline is for addition OtlikG TI,õl:J~l, is for deletion Ordinance #01·003e Dralt#3 Page 12 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 103.2 Ordinance #01-003e Dralt#3 103.2.1 103.2.2 '-' "wi Code and the St. Lucie County Code and Comoiled Laws. The Building Official shall have the authority to render interoretations of Florida Building Code. as aoolied to and in St. Lucie County. and other aoolicable codes and regulations related to the development of orooerty. set forth inthe St. Lucie Countv Land Develooment Code and the St. Lucie County Code and Com oiled Laws and to adoot oolicies and procedures inorder to clarifv the aoolication of its orovisions. to the extent oermitted by those Codes. Such interoretations. oolicies and oroceduresshall be inpompliance with the intent and ouroose of the Florida Building Code. as apolied to and in St. Lucie County. and other aoolicable codes and reaulationsrelated to the develooment of orooertv. set forthinthe St. Lucie Countv LandDevelÒoment Code and the St. Lucie Countv Code and Comoiled Laws. andshallnot have the effect of waiving reauirementsispecifically provided for in the Florida Building Code, as aoolied to and inS!. Lucie County. and other aoolicable codes and regulations related to the development of oroperty, set forth in the St. Lucie County Land Develooment Code and the St. Lucie Countv Code and Comoiled Laws. Right of Entrv Whenever necessarv to makeaninsoection to enforce any of the orovisions of this>code. or whenever the buildina official has reasonable cause to believethat there exists in any building or upon any oremises anv condition or code violation which makes such building, structure. oremises, electrical. gas, mechanical or olumbing svstems unsafe. danaerous or hazardous. the buildinÇl official may enter such building. structure or oremises at all reasonable times to insoéct the same or to oerform any duty imoosed uoon the building official bv this code. If such building or oremises are occuoied, he shaUfirstDtesent orooer credentials and reauest entrv. If such building. structure. or premises are unoccuoied. he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused. the building official shall have recourse to every remedy provided by law to secure entrv. When the building official shall have first obtained a orooer insoection warrant or other remedy orovided bv law to secure entrv. no owner or occupant or any other oersons havina charae, care or control of any building, structure. or premises shall fail or nealect. after orooer -------------------------------- Underline is for addition Otlil~G TldðtJ~l, is for deletion Page 13 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 103.3 103.4 Ordinance #01-003e Dralt#3 '-' 'WI request is made as herein provided. to promptlv permit entrv therein by the building official forthe purpose of inspection and examination pursuant to this code. Stop Work Orders. Upon notice from the building official.work onanvbuilding site, building, structure, electrical. cas. mechanicalorolumbingsystem that is being done contrary to the provisions of the Florida Building Code.the~t. Lucie County Land Development Code. the St. Lucie Countv Code ahdQOFnolied Laws or in a dangerous or unsafe manner. shall immediatelv ceàse.<Suchnotice shall be in writing and shall be given to the owner of the propertv,or to his agent. or to the person doing the work.orby posting the building, structure or propertv upon which work is beingpêrforrned and shall state the reason(s) for stopping work. The building officialshallnotbe required to give a written notice prior to stoppinc the work. The BuildingOfficial mav authorize the issuance of stop work orders through anv dulvappointed or authorized officer. inspector. plans examiners, assistants and other emplovee of the County. Revocation of permits. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect. inaccurateorincomplete information. or in violation of any ordinance. reQulationor provision of the Florida Buildinc Code. the St. Lucie Countvl.and Develoornent Code orthe St. Lucie Countv Code and Complied Laws. 103.4.1 Misrepresentation of application. The building official may revoke a permit or approval. issued under the provisions of this code. in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 103.4.2 Violation of code provisions. The building official may revoke a permit upon determination by the building official that the construction, erection. alteration. repair, -------------------------------- Underline is for addition Gtrike TMrougM is for deletion Page 14 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 '-' """" moving, demolition. installation. or replacement of the building. structure, electrical. gas. mechanical or plumbing svstemsforwhich the permit was issued is in violation of. or not in conformitv with. the provisions of the Florida Building Code, the St. Lucie County Land Development Code or the St. Lucie County Code and Complied Laws. 103.5 Unsafe Buildings or Svstems. 103.5.1 Abatement. All buildings, structures. electrical. aas, mechanicator plumbing systems which are unsafe.unsanitarv. or do not provide adeauate egress. or which constitute afire hazard. or are otherwise dangerous to human life, or which inrelationtoexisting use, constitute a hazard to safety or health. are considered Unsafe buildings or unsafe service systems. All such unsafe buildings. structures or service systems are herebv declared illegal and shall be abated by repair and rehabilitation orbv demolition in accordance with the provisions of the Standard Unsafe Buildil1aAbatemèntcode. 1997 edition. published by the Southern Building CodeConoress.lnternational. Inc. orother provisions of the building andproperty maintenance code of winter park. All repairs shall be in performed in accordance with the Florida Building Code. 103.6 Requirements not covered by code. 4. Anv reauirements necessarv for the strength, stability or proper operation of an existinaorDroposed building. structure, electrical. gas. mechanical or plumbing s'lstem, or for the public safetv. health and aeneral welfare. not specificallY covered by this code, shall be determined by the buildina official. Section 104 oftheFloridaBuilding Code, as applied to and in St. Lucie County, is amended to add the followingSections: 104.1.6 Time Limitations. Except as otherwise provided in the St. Lucie Countv Land Development Code. an application for a permit for any proposed work shall be deemed to have been abandoned. and shall expire by limitation and become null and -------------------------------- Underline is for addition 011 ike TI d o~gl, is for deletion Ordinance #01-003e Dralt#3 Page 15 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 104.2 Ordinance #01-003e Dralt#3 '-' -...ttI void 6 months after the date of filing for the permit, or plan approval. whichever is later unless before then a permit has been issued. One 151 mðre extensiðl ,s of til"e fel pel iods ef nðt n ,01 e than 90 days each may be allðvwed b) the building official fðl ti,e applicatiðl" provided the extension is requested in vwriting Md justifiable cause is den ,onstrated. ************ Drawings and Specifications 104.2.1 Requirements 104.2.1.2 Additional data. The building official shalt be allowed to reauire details. computations, stress diaararns, and other data necessarvto describe the construction orJnstallation and the basis of calculations. ************ 104.2.4 Site drawinas. Drawings shaH show the location of the proposed building or structure andof every existing building or structure on the site or lot. The buildingðfficialshall be pern ,itted to I equire a bðundar) Iii ,e sUl"'vey prep81"edbyaqualified sUl"'veYðr~vheneverthe bðUl ,de.l y lines cannot be readily determined in the field. No Buildina Permit shall be issued for development unless the application for building permit is accompanied bva copv of a survev of the propertv on which the reauested activitv is to be permitted. All surveys shall completely depict the location of the proposed buildina or structure and of everv existing building or structure on the site or lot and shall meet the requirements of 11.05.01 (A)(1 )(d) of the St. Lucie County Land Development Code. ************ -------------------------------- Underline is for addition Otlil¡o TI 01 ol:lgl. is for deletion Page 16 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Ordinance #01-003e Dralt#3 104.2.6 104.2.8 104.3.1.1 ....... """" Hazardous occupancies. The building official may reauire the following: 1. General site plan. A general site plan drawn at a legible scale which shall include. but not be limited to. thelocation of all buildinas. exterior storage facilities, permanenLaccess ways. evacuation routes. parking lots. internaFiroads.chemibal loading areas. eauipment cleaning areas.istorm and sanitary sewer accesses, emergency eauipment and adiacent, property uses.iThe exterior storaae areas shall be identified with the hazarddlassesand the maximum auantities per hazard class of hazardous rnateria:ls stored. 2. Building floor plan. A buildingfloorplan drawn to a legible scale, which shall include, but not be limltedto. all hazardous materials storage facilities within the building/and shall indicate rooms. doorways. corridors. exits. fire rated assemblies with their hourly ratina. location of liquid tight rooms. andévacuation routes. Each hazardous materials storaae façilitv shall be identified on the plan with the hazard classes andauantitvranae per hazard class of the hazardous materials stored. Basic wind speed zones. As described inSection1606.1.6 of the Florida Building Code, the basic wind speedinrnHes per hour. for the development of wind loads. shall be as determined from Figure 1606. and as further depicted on the basic wind speed line map. attached as Exhibit A. and incorcorated herein. ************ Minimum plan review criteria for buildings. Manufactured / Mobile Homes 1. Site reauirements setback/separation (assumed propertv lines) location of septic tanks (if applicable) 2. Structural wind zone -------------------------------- Underline is for addition Olril<c T111ol:l¡j11 is for deletion Page 17 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Ordinance #01-003e Dralt#3 '-' "will anchoring blockina 3. Mechanical Exhaust systems clothes dryer exhaust kitchen equipment exhaust 4. Electrical exterior disconnect location ************ 104.4.6 Public riaht of way. A permit shall not be aiven bv the buildinçrofficial for the construction of any building. or for the alteration of anv building where said building is to be changed and such chanae will affect the exteriotWfllls. bavs. balconies, or other appendages or proiectionsfronting on anvstreet. allev or public lane. orforthe placing on any Ibtor prernises of any building or structure removed from another lot or premises, unlessthe appliçant has made application for riÇJht of way permits from the authority havit'1!JiÜrisdiction over the street. alley or public lane. ************ 104.6.5 Types of Fees Enumerated. Fees maybe charged for but not limited to the following: · Permits: Plans examination: Certificates of competency (includinÇJ fees for applications. examinations. renewal. late renewal. and reciprocitv): · Re-inspections: · Administrative fees (includina fees for investigative and leaal costs incurred in the context of certain disciplinary cases heard bv the board): Variance requests: · Administrative appeals: · Violations: and · Other fees as established bv local ordinance or resolution. -------------------------------- Underline is for addition G\rikl! Ti'lrougi'l is for deletion Page 18 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 '-' 'wi 104.6.5 Buildina Dermit valuations. If, in the oDinion of the building official. the valuation of building, alteration. structure, electrical. gas, mechanical or Dlumbing svstemsaDpears to be underestimated on the aDDlication. Dermit shall be denied, unless the applicant can show detailed estimates to meettheaDcroval of the building official. Permit valuations shall include total cost. such as electrical. gas, mechanical. plumbing equiDment andother svstems,includinÇJ materials and labor. The permit valuation maybe calculated usinÇJtheJatest Building Valuation Data published by the Southern BuildinaCÙdeCongress International or other apDlicable model code oraanization. attheoDtion of the building official. 5. Section 105 of the Florida Building Code, as applied to to add the following Sections: Lucie County, is amended 105.1 Existing building insDections. 105.2 105.3 Ordinance #01-003e Dralt#3 Before issuing a Dermit. thebuilding officialmayexamine or cause to be examined anv building. electrical. gas, mechanical, or plumbing systems for which an aDDlication has been received foraDermit to enlarge. alter. reDair. move. demolish. install. or change the occuDancy. He shall insDect all buildings, structures. electrical. gas, mechanical and Dlumbingsvstems, from time to time, during and uDon comDletion of the workforwhich a Dermit was issued. He shall make a record of every such examination andinsDection and of all violations of the technical codes. Manufacturers and fabricators. When deemed necessary by the building official. he shall make. or cause to be made. an inspection of materials or assemblies at the Doint of manufacture or fabrication. Arecord shall be made of every such examination and insDection and of all violations of the technical codes. InsDection service. The building official may make. or cause to be made. the insDections reauired bv Section 105 of the Florida Building Code. The sDecific required inspections and insQèction seauence shall be determined upon application for a building permit. The building official mav accept reports of department inspectors. independent -------------------------------- Underline is for addition Olril(~ nro~g~ is for deletion Page 19 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 105.6 Ordinance #01-o03e Dralt#3 '-' '-' inspectors or of recoanized inspection services, provided that after investigation he is satisfied as to their licensure. aualifications and reliability. A certificate reauired bv any provision of this code shall not be based on such reports unless the same are recorded bv the building code inspector, architect or engineer performing building code inspections in a manner specified bvthe buildina official. Allpersons making such inspections shall be certified in accordance to Chapter 498 Florida Statues. ************ Required inspections. The building official upon notification fromthe permit holder or his agenìshall make the following inspections, and shall either releasethat portion of the construction or shall notify the permit holder or his agent of anyviolations which must be corrected in orderto comply with the technical codes. ThebUiJdingofficial shall determine the timing and sequencing of when inspections occurahdWhat elements are inspected at each inspection. Building: 1.1 Foundation inspection: To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: · stem-wall · monoIithicslab-on-grade · piling/pile caps footers/grade beams · columnpads · waterproofing 1,2 SlaQ Inspection: Slab Inspections are to be made after the reinforcement is in place, all concealed conduit. piping, ducts and vents are installed, termite soil treatment. sub-grade electrical. plumbing, and mechanical work is complete. The slab shall not be poured until all previous required inspections have been approved. Aloundation survey prepared and certified bva registered surveyor shall be reauired for all new construction priorto approval of the floor slab inspection. The survey shall -------------------------------- Underline is for addition Otl ikð TI 01 ol:lgl , is for deletion Page 20 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Ordinance #01-003e Dralt #3 '-' ..., certify olacement of the building on the site, finish floor elevation and indicate all surrounding setback dimensions and shall be available at the iob site for review bv the building inspector. In lieu of oroviding a survev. the contractor may elect to uncover all orooertv line markers and string-uo all orooertv lines in preparation for insoection. 2.1 Framing inspection: To be made after the roof, all framing, fireblocking and bracing is in place, .all concealed wiring, all pipes, chimneys, ducts and vents are cornpleteand shal,lat a minimum include the following building components: · window/door framing and installation · vertical cells/columns · lintel/tie beams framing/trusses/bracing/connectors · draft stopping/fire-blocking · curtain wall framing/accessibility provision$ 2.2 Insulation Inspection: To be made after the framin roved and the insulation is in lac . 3. Sheathing inspection: To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof andwall sheathing and fasteners are complete and shall at a minimum include the following building components: · roofsheathing/wall sheathing · sheathing fasteners · roof/wall/dry-in NOTE: Shea.thing fasteners installed and found to be missing the structural member(shiners) shall be removed and orooerlv reinstalled Driorto installation of the dry-in material. 4. Roofing inspection: To be made as two inspections on tile. slate or similar roof coverings or as one inspection on all other roof coverings. and shall at a minimum include the following building components: · dry-in -------------------------------- Underline is for addition 011 ;ke Throl:lgh is for deletion Page 21 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 . Ordinanca #01-003e Drafl#3 '-' ..."", · insulation · roof coverings · flashing 5. Final inspection: To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection: · First inspection to be made after excavation and installationotreinforcing steel, bonding and main drain andpriorto placing of concrete. · Final inspection to be made whenthésWimming pool is complete and all required enclosure requirements are inplacè. · In order to pass final inspection and receive a certificate of completion, a residential swimming pool mustmeetthe requirements relating to pool safety features as described in Section 424.2..170f.the Florida Building Code. 7. Demolition inspections: · First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. Final inspection to be made after all demolition work is completed. 8. Site Debris · The contractor and/or owner of anv active or inactive construction croiect shallbe resconsible for the clean-uc and removal of all construction debris Or any other miscellaneous discarded articles crior to receiving final inspection accroval. Construction iob sites must be kect clean. such that accumulation of construction debris must not remain on the property for a period of time exceeding 14 days. All debris shall be kect in such a manner as to prevent it from being spread by any means. -------------------------------- Underline is for addition Otl ikt TI.I ol:lgl , is for deletion Page 22 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 '-' ...." 6. Section 1 08 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: SECTION 108 CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 108. Construction Board of Adiustments and Appeals. There is hereby established a Board to be called theConstructionBoardofAdiustments and Appeals. The structure. computation and administrative proceduresoHháSt Lucie Countv Contracting Examining Board. as described in Article I. Chapter 2-5 oUheSt. Lucie County Code and Compiled Laws. shall be used to serve the role of the ConstructidnBoard of Adiustments and Appeals. ************ 108.3. Powers The construction board of adiustmentsandappeals shall have the power to hear appeals of decisions and interpretationsofthe building official of this Code in accordance with Section 108.4 of this Code. 108.3.1 Decision of the building official. The ownerof a buildina.structureor service system. or his dulv authorized aqentmayappeal a decision oUhe building official to the Construction Board of Adiustment and Appealswhenever any one of the followinq conditions are claimedtOexist: 1. The building official reiected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service svstem. 2. The provisions of this code do not applv to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted. -------------------------------- Underline is for addition OIrike T¡'rð~g¡' is for deletion Ordinance #01·Q03e Dralt#3 Page 23 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 108.4 Ordinance #01-003e Dralt#3 '-'" ..."", Appeals 1 08.4.1 Decision of the building official. The owner of a building, structure or service svstem. or his dulv authorized agent. may appeal a decision of the building official to the Construction Board of Adiustment and Appeals whenever anyone of the following conditions are claimed to exist: 1. The buildina official reiected or refused to approve the mode or manner of construction proposed to be followed or materialstoibeused in the installation or alteration of a building, structure or serviCe system. 2. The provisions of this code do not applvto this specific case. 3. That an equally good or more desirable form of Installation can be emploved in any specific case. 4. The true intent and meaning ofthlscode or any of the regulations there under have been misconstrued or incorrectlyinterpreted. 108.4.2 Variances. The Construction Board .of Adiustments and Appeals, when so appealed to and after a hearing. may vary the application of anv provision of this code to any particular case when, in itsopinion, the enforcement thereof would do manifest iniustice and would be contrary to the spirit and Durpose of this or the technical codes or public interest. and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the buildina. structure or service svstem involved and which are not applicable to others. 2. Thatthespecial conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible -------------------------------- Underline is for addition G\rike Throl:lgh is for deletion Page 24 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 108.5 '-' ~ the reasonable use of the buildinQ. structure or service svstem. 5. That the grant of the variance will be in harmony with the general intent and DUrDOSe of this code and will not be detrimental to the Dublichealth. safety and general welfare. 108.4.2.1 Conditions of the variance. In granting the variance. the board mavDrescribe a reasõnabletime limit within which the action for which the variance is reQuired shallbecornmenced or completed or both. In addition. the board may Drescribe approDriateconditions and safeguards in conformitvwith this code. Violation ofthe conditions ofavariànce shall be deemed a violation of this code. 108.4.3 Notice of aDDeal. A Notice of aDDeal shall be in writing and filed within 30 calendar days after the decision is rendered bvthe buildinQ official. Appeals shall be in a form acceDtable to the building official. ADDealsrelatinatoprovisionsof the Florida Building Code. other than local amendments. may be aDDealedtotheFlorida Building Commission. Dursuant to Section 120.569 Florida Statutes.r8aardinQ the local governments action. 108.4.4 Unsafe or dangerous buildin9sor service systems. In the case of a building, structure or service system which. in the opinion of the buildinQ official. is unsafe, unsanitarv or dangerous, the building official may, in his order. limit the time for Procedures of the Board 108.5.1 Rules and reQulations. Ordinance #01-003e Dralt#3 The board shall establish rules and reQulations for its own Drocedure not inconsistent with the Drovisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after a notice of appeal has been received. 108.5.2 Decisions. -------------------------------- Underline is for addition 011 ike TI ,I ol:lgl , is for deletion Page 25 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 "- "wi The Construction Board of Adiustment and Appeals shall. in every case, reach a decision without unreasonable or unnecessarv delav. Each decision of the board shall also include the reasons forthe decision. If a decision of the board reverses or modifies a refusal. order, or disallowance of the buildina officiakor varies the application of any provision of this code. the building official shall immediately take action in accordance with such decision. Eyery decision shall be promptly filed in writing in the office of the building official and shall be opentoDublic inspection. A certified copy of the decision shall be sent by mail or otherwisêtöthe appellant and a copy shall be kept publiclY posted in the office of the building official fortwo weéks after filing. Every decision of the board shall be final. subiecthowever to/such remedy as any aggrieved partv might have at law or in eauity. 7. Section 109 of the Florida Building Code, as applied to andin St. Lucie County, is amended to add the following Sections: SECTION 109 SEVERABILITY 109.1 If any section. subsection, sentence, clause or phraseofthis code is for anv reason held to be unconstitutional, such decision shall not affect theValiditv of the remaininç¡ portions of this code. 8. Section 110 of the FloridaSuilding Code, as applied to and in St. Lucie County, is amended to add the following Sections: SECTION 110. VIOLATIONS AND PENALTIES 110.1 Anv person. firm. corporation or agent who shall violate a provision of this code. or fail to comply therewith. or with anv of the requirements thereof. or who shall erect. construct. alter. install. demolish or move any structure. electrical. gas. mechanical or plumbing system, or has erected, constructed. altered, repaired, moved or demolished a building, structure. electrical. gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted there under, shall be guilty of a misdemeanor of the second dearee. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this -------------------------------- Underline is for addition Ollil¡e "F,IO~,,, is for deletion Ordinance #01-003e Dralt#3 Page 26 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 '-" ,., code is committed or continued. Upon conviction of anv such violation such person shall be punished within the limits as provided bv law and local ordinance. C. 1. Section 3313.4, Moving of Buildings, Bond Required, is I,ereby an ,.end.ed to read as follovvs. The rublic 'Norks Dil ector Building Official, as a condition precedent to the issuance of ~ permit to move anv building or structure over a public right-of-way, shall require a bond, or other form of acceptable security to the St, Lucie County Attomey,to be executed)Þy person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in amahnerand form acceptable to the St. Lucie County Attorney. Such bondshall, at minimum, indemnify the County from any damage caused by the moving of such building to any street, road, highway, curb, sidewalk, trees, bridge, light pole, traffic signal or other item or fixture as may be described by the County. The County shall, at its discretion, include any reasonable performance criteria within the bonding agreement intendedtoaddress the issue of damage to any street, road, highway or appurtenancethereto. D. 2. Section 3313.7, Moving of Buildings, Improvements by Owner, is hereby amended to read as follovvs. The rublic V\"orks Director Buildina Official, as a condition precedent to the issuance of St:teh permit to move anv building or structure over a public riaht-of-wav, shall require a bond, or other form of acceptable security to the St, Lucie County Attorney, to be executed by person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to theSt.Lucie County Attorney. The value of such Bond shall at a minimum to be equal to the cosfofclemolition, removal or repair, in order to bring the building into compliance with the 3tandardDuilding Code Florida Building Code, as amended and adopted bySt. Lucie COunty. The bond shall be conditioned on bringing the relocated building into compliance with the 3tal,dard Ouilding Code Florida Building Code within ninety (90) days fromthedate of relocation; if the building does not comply with the 3tandard Ouildil'9 Oode Florida Building Code within the ninety-day period the County shall give ten days' written notice Of the noncompliance and of the County's intent to have the bond forfeited to cover the cost of demolition, removal or repair of such building. Following such notice, the bond shall be forfeited and the necessary demolition, removal or repair shall be done. The rublic 'Narks Director, in consultation vvith the Building Official, may grant reasonable extensions to the ninety (90) day compliance period if it is demonstrated to the satisfaction of the rublic Works Director Building Official that the delay in completing the required improvement has been caused by matters beyond the control of the owner or -------------------------------- Underline is for addition Olrike TMrotJgM is for deletion Ordinance #01-003e Dralt#3 Page 27 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ~ ....., house mover. No permit for the moving of any structure shall be issued by the County unless there is an accompanying building permitforthe reconstruction of the structure being moved at it new location, within the jurisdiction of St. Lucie County. If the structure is being moved to a location outside of the jurisdiction of St. Lucie County, no such building permit from the County will be required, 3. Gal age Doors, In addition to the general standards found in :Jection411.2Speciaf Stør. OccuplJncies, A/:Jtomøbife PtJlking Garages, the folio_wing sþeciar~strictionsnall appIr. a. All garage doors, or similar doo~way coverings, shall be designed to wwithstand a minimum 110 mph wwind load. 13.00.02 COASTAL CONSTRUCTION CODE A. TITLE The provisions contained herein shall constitute the coastal construction code for construction within the coastal building zone and coastal barrier islands in St. Lucie County, Florida, and shall be referred.to as the "Coastal Code." B. PURPOSE The purpose of the Coastal Code is to provide minimum standards for the design and construction of buildings and. structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal areas of St. Lucie County, Florida, which front on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes, and topography of adjacent properties. The coastal code is site-specific to the coastal building zone as defined in this Code and is not applicable to other locations. In the event of a conflict between this Section and other chapters in the Code, the requirements resulting in more restrictive design shall apply. No provisions in this Section shall be construed to permit any construction in any area prohibited by local city, county, state or federal regulation. SCOPE 1. Applicability: -------------------------------- Underline is for addition 011 iI(~ TI ,I ðl:l¡;1 , is for deletion Ordinance #01-003e Dralt#3 Page 28 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2. Ordinance #01-003e Dralt #3 '-" w The requirements of this Coastal Code shall apply to the following types of construction in the coastal building zone, a defined in Chapter 2 of this Code. and on coastal barrier islands in unincorporated St. Lucie County: a. The new construction of, or substantial improvement to major structures, non habitable major structures, and minor structures as defined in this Code. b. Construction which would change or otherwise have the potential for substantial impact on coastal zones (Le. excavation, grading, paving). c. Construction located partially within the coastal building zone. d. Reconstruction, redevelopment or repairof a damaged structure from any cause which meets the definition of "substantial improvement," as defined herein. Exceptions: The requirements of the Coastal Code shall not apply to the following: a, Minor work in the nature or normal beach cleaning and debris removal. b. Structures in existence prior to the effective date of the Code, except for substantial improvements as defined herein, c. Construction for whichavalid and unexpired building permit was issued prior to February 18, 1986. d. Construction extending seaward of the seasonal high-water line which is regulated by the provisions of Section 161.041, Florida Statutes (Le. groins, jetties, moles, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredging, etc.). e. Construction of non habitable major structures, as defined in Chapter II, except for the requirements of Section 13.00.02(D)(3). f. Construction of minor structures, as defined in Chapter II, except for the requirements of Section 13.00.02(D)(4). Structures listed in the National Register of Historic Places or the State -------------------------------- Underline is for addition Glrike Throl:l¡¡h is for deletion Page 29 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 '-' "wi Inventory of Historic Places. h. Construction for improvement of a major structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. 3. Applications for permits: Applications for building permits for major structures .inthecoastal building ¡one shall be certified by an architect or professional engineer registeredinthe $tate of Florida unless the structure is of normal. or usual design as determined by the building official. Such certification shall statethatthe design plans andspecifications for the construction are in compliance with the criteria established by this Coastal Code and that the requirements of GeGtion 104.0.2 of the Gtandard Duilding Code the Florida Buildina Code, and FEMA publication5SUCoastal Construction Manual," will be complied with. D. COASTAL CONSTRUCTION REQUIREMENTS 1. General: Construction within the coastal building zone and on coastal barrier islands shall meet the requirements of this section. Allstructures shall be designed so as to minimize damageto life, property, and the natural environment. Assistance in determining the design parameters to minimize such damage may be found in the reference documents listed in Section 13.00.02(0)(7). 2. Structural Requirements for Major Structures: a. Design and construction: Major structures, except for mobile homes, shall be designed and constructed in accordance with GeGtion 1000 of the 1 SS4 Cdition of the :Jtal,dal d Duilding Code, using a fastest n1i1e vvind .eloGit}. of one hundred tel, (110) I, ,ile! pel I lour Section 1606 of the Florida Building Code, Major structures, except mobile homes, shall also comply with the applicable standards for construction found elsewhere in the Gtal1dard Duildil"lg Code the Florida Building Code. b. Mobile homes: -------------------------------- Underline is for addition Gtrike Throl:lgi'i is for deletion Ordinance #01-003e Dralt#3 Page 30 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 '-" ~ Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards orthe Uniform Standards Code ANSI A 119.1, pursuant to Section 320.823, Florida Statutes, as well as the requirements of subsection (3). c. Elevation, floodproofing and siting: All major structures shall be designed, constn.Joted. and located in compliance with the National Floodlnsurance Regulationsasfound in FEMA publication 55 "Coastal Construction Manual,"orSectioh6.05.00, whichever is more restrictive, regardless of flood zone designation. d. Design conditions: 1. Velocity pressure. MajoLstructures,~xcept mobile homes, shall be designed in accordance with the reqUirèments of Section 1606 of the the Florida Building Code .1884 :Jtand~rd Duilding Code using a minimum fastesHnilé windvelocity of one hundred ten (11 0) twenty (120) miles per hour ora3minute gust of 140 miles per hour, as setout in Table 1606.1.6.1>of the Florida Building Code. These ¡'Mil ,il'MU¡" design pressures are as follo\l~s. T ADLt 1 GOG.2A VELOCITY PRtSSUm:s (q)'(psf) MCAtJ noor rASTI:ST MILl: WIND SPI:I:D, (V)' in MPH 11[laIIT(II)~-fIt} (frðl'l'l r¡gtlr~ 1 G9G) '1Ø &e 99 tee +'HI e-t5 t&:e +9:t t6:6 2&.-4 2+.'i' -ffl t9:9 4&.9 2&.-6 2&£ Ti' ....f&:.4. +&.6 tT:f 2t£ 25:6 +8 +8:5 +&.6 Ti':-4 ~ 2&.+ '*1 +8:i' ++.e tT:ï' ~ ffi:5 æ +8:9 4+.2 t&:e ~ ~ -------------------------------- Underline is for addition GIrike Ti'lrol:l\:Ji'I is for deletion Ordinance #01-003e Dralt #3 Page 31 PRINT DATE: 11/270 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '- ....,; TADLt 1GÐG.2A VELOCITY PRtSSURtS (q)t~ MeAN noor rAsn:ST MILl: 'l.'IUÐ Srl:l:Ð, (\,)2 in MPH IIClGIIT (II)"-ift) (from rig ure 1696) '1Ð 89 99 ....+ee -1-W 22 ++:2 t4:ß t&:5 . ....f2-:6.. N:6 ... 24 t+.5 t5:e t&.9 ~ 2&.a 26 t+.-1' +5-:5 t9-:4 2&.9 2&.9 28 ~ +5:6 .+9:6 24:-4 29:ß ee +2:2 t&.9 ~.. 24:-9 00:+ æ t2:5 f&:4 2&.-T 25:-6 a+:e as t2:8 t6:i' 2+.+ 2&.a a+.52 4e t&.6 +r:9 2+.9 21'-:e 82:1' -45 +&.i' tT:9 22:-T 2&.a æ:a 56 t+.t +8:4 2&.5 2&.a ß4-:9 55 t+:5 t9:e 24:e 29:ß 25:8 66 t4-:9 t9-:4 2+.6 9&:4 ß&.iZ 1 rnph 00.47rn/s 1 p3f 47.8803 ra 1 It 08.80::; I'TI NOTI:S. ,. ^ ðil.~Il! .all1ð fÕI .ðlõöit, r-1¡jJ~tHli(f\) ÎJ ~~~.:t r.:., II..:. .:...l:..:. btlildil.~. .:, 8.88£58 V-fHr"- 56 2. V fastest l"I'Iil8 .~il"ldB~ðeâ ifl mil35 ~6r hel::Jf dôtôlI,.ÎI,ðð IlôR. fiat:.llô 1888 (81 d¿l, ~l.l. ,~d.d bt:tildil,~ <'5(63). 3. II _ f.1¿à" 1.6:",1,. ö',öõf A~ó.ö -::)........."d elF 1$ it ....lÌel-lð.er 15 gusatðf. Caw' t¡GigM 1"1'181 b~ ... .'¿ . ... fef meAl"! reef "tight if n~5f 8.l"Iglð "aU Is Met mare tha.t'l18~T e. Foundations: The elevation of the soil surface to be used in the design of foundations, -------------------------------- Underline is for addition Otl iloc. "FI.I 61:191. is for deletion Ordinance #01-C03e Dralt#3 Page 32 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Ordinance #Q1-Q03e Dralt#3 '-' '-' calculations of pile reactions and bearing capacities shall not be greater than that which would result from the erosion reasonably anticipated as a result of design storm conditions. Foundation design and construction of a major structure shall consider all anticipated loads acting simultaneously with live and dead loads. Erosion computations for foundation design shall account for all vertical and lateral erosion and scour-producing forces, including localized scour due to the presence of structural com ponents. Foundation design and construction shall provide for adequatebearing capacity taking into consideration the type of soH present and the<anticipated loss of soil above the design grade as a resultof localized.scour. Erosiortcomputatións are not required landward of coastal construCtion controllinesestablished or updated since June 30, 1980. Uponrequest the Florida Department of NatUl 61 nesoUl ees EnvironmentalProtection may provide information as to those areas within coastal building zones where erosion and scour of a 100- year storm event is applicable. f. Wave forces: Calculations for wave forces resulting from design storm conditions on building foundations and superstructuresmaybe based upon the minimum criteria and methods prescribed in the Navalfacilities Engineering Command Design Manual, NAVFAC DM-26,iU S. Department of Navy; Shore Protection Manual; u.s. Department of the Army Coastal Engineering Research Genter Technical Papers and Reports; the Technical and Design Memoranda of the Division of Beaches and Shores, Florida Department of P~atur6lnesourcesEnvironmental Protection ; or other professionally recognizedmethodologies which produce equivalent design criteria. Breaking, broken and nonbreaking waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact, as well as dynamic loading and the harrnonic intensification resulting from repetitive waves. g. Hydrostatic loads: Calculations for hydrostatic loads shall consider the maximum water pressure resulting from a fully peaked, breaking wave superimposed upon the design storm surge with dynamic wave setup. Both free and hydrostatic loads shall be considered. Hydrostatic loads which are confined shall be determined by using the maximum elevation to which the confined water -------------------------------- Underline is for addition 011 ike Ti'lrougi'l is for deletion Page 33 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4. 5. Ordinance #01·003e Draft #3 '-" 'wi would freely rise if unconfined. Vertical hydrostatic loads shall be considered both upward and downward on horizontal or inclined surfaces of major structures (Le. floors, slabs, roofs, walls). Lateral hydrostatic loads shall be considered as forces acting horizontally above and below grade on vertical or inclined surfaces. Hydrostatic loads on irregular or curved geometric surfaces shall be determined by considering the separate vertical and horizontal components acting simultaneously ul'1derthe distribution of the hydrostatic pressures. h. Hydrodynamic loads: Hydrodynamic loads shall considerthe maximum water pressuresfesulting from the motion of the water mass associated with the design storm. Full intensity loading shall be applied onallstructÜral surfaces above the design grade which would affect the flow velocities: 3. Structural Requirements for Nonhabitable Major Structures: Nonhabitable major structures need notmeetthe specific structural requirements of Section 13.00.02(D)(2),except that they shall be designed to produce the minimum adverse impacton the beach and dune system and shall comply with the applicable standards of construction found elsewhere in this Code. All sewage treatment and public water supply systems shall be floodproofed to prevent infiltration of surface water anticipated under design storm conditions. Underground utilities, excluding pad transfOrmers..and vaults, shall be flood proofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions Structural Requirements for Minor Structures: Minor structures need not meet the specific structural requirements of Section 13.00.02(D)(2), except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found elsewhere in this Code. Location of Construction: Construction, except for elevated walkways, lifeguard support stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall be located a sufficient distance landward of the beach to permit natural shoreline fluctuations -------------------------------- Underline is for addition Otl ilre Thl 01:1>11 , is for deletion Page 34 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Ordinance #01-003e Dralt#3 '-" ...",; and to preserve dune stability. Construction, including excavation, may occurto the extent that the natural storm buffering and protection capability of the dune is not diminished. 6. Public Access: Where the public has established an accessway through private lands to lands seaward of mean high tide or water line by prescription, prescriptive easement, or any other legal means, development or construction shallnot.interfere with such right of access unless a comparable alternative accesswayisprovided. The developer shall have the right to improve, consolidate, or relocate such public accessways so long as they are: a. Of substantially similar quality and convenience to the public; b. Consistent with the coastal managementel.ement of the local comprehensive plan adopted pursuant to Section 163.3178, Florida Statutes. 7. References: Assistance in determiningthe design parameters and methodologies necessary to comply with the requirements of this chapter may be obtained from: "Shore ProtectionManual," U.S. Army Corps of Engineers, 4th Edition, 1984. U.S. Department of the Army, Coastal Engineering Research Center's Technical Papers and Reports. FI.orida DepartmentofNatural nesoUl ces Environmental Protection, Division of Beaches and ShoresTechnical and Design Memoranda. "NavaLFaciHties Engineering Command Design Manual, NAVFAC DM-26," U.S. Departmentof the Navy. Coastal Construction Manual, Federal Emergency Management Agency, February, 1986. (Please note that the wind design section is based upon the Florida Building Code, as described in Chapter 553.70, Florida Statutes 1982 edition of the Standard Ouilcling Code vvith the 1984 aCGul"ulated amendmel ,ts, and 110t the 190::; edition of the Standard Ouilding Code vvith the 1980 revisiol,8 as requiled by Section 1 G1.::;::;(1 )(d), rlorida Statutes.) -------------------------------- Underline is for addition Otl iI\õ TI.I ol:l¡;¡1 , is for deletion Page 35 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 '-' .....,¡ 13.01.00 rNERGY rFFICIENCY DUILDING CODr RESERVED 13.01.01 ADOPTI:D The nOI ida Model energy efficiency Ouilding Code, 1997 edition, vvill sel"'ve ìhe needs of the County and is hereby adopted as the energy Ouilding Code Gtandard for enel gyefficiençy in tl1e Thermal Design and Opeffition of All Ouildings fOI ..hich a building permit is issuedaft~rNc.ven ,bel 1, 1998, in Gt. Lucie COUllty, subject to the exemptions containedin 8ection.J.J3.902{t),Flcllida 8tatl..ltðS. A copy of such Code shall be filed ¡I, the office of the rublic 'NorksDirector and shall be available for public inspection duril1g ti,e regular busilless hours of .such office. 13.02.00 MECHANICAL CODr RESERVED 13.02.01 ADOPTI:D TI1e 8tandal d Mecl,al,ical Code, 1997 edition, illcluding AppendixAheat (Iossfgain), as promulgated by tl,e 8outl,en, Ouildillg Code Congress International,lnc., is adopted by reference as the Mechanical Code of the County, to apply to tl,e unincorporatedal eas of tile County. A COpy of such Code shall be filed in the office oftl1e rublic Works Oirectol Md shall be available for public ilIspeGtiolI dUI illg the I egulal business houl'5of such office. 13.03.00 PLUMBINGCODE RESERVED 13.03.01 ADOPTI:D The Gtandald rlumbingCode, 1994 edition, including Appendix A (roof drains) and 0 (cross coni ,ectiôl"l &. backflovv), aspt'Otnulgated ~ the Ooutl,elll Ouilding Code Congress Intell1atiol1al, 111C" is adopted by referenceastheTlumbing Code of the COUl1ty, to apply to ti,e unincorporated al eas oftheCoullty. A copy of suchCode shall be filed in tl1e office of the rublic WOI ks Oil ector and shall be available for public inspection during the regular business hoUl s of such office. 13.04.00 E:::LECTRICAL CODE RESERVED -------------------------------- Underline is for addition {)trike T¡'ro~g¡' is for deletion Ordinance #01-003e Dralt#3 Page 36 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 '-' ...." 13.04.01 ADOPTeD The National electrical Code, NrPA 70, 1990 edition, as promulgated by the Natkmalrire rrotection Association is adopted by reference as the [Iectrical Code of the County, to apply to tl ~e . p ~ted areas of the County. A copy of such Code shall be filedin the~ffiGe of the rubllc ~';~~~~~i~ector and shall be available for public inspection during the regqlarbuslness hours of sucl, offiett: 13.04.02 AMeNDMeNTS The follmving sections of the [Iectrical Code of the Count),asðdopted by :Jection13.04.01, are hereby amended in the follo~ving respects. A. U:J[ or NOt~M[TALLlC TUDING AND rITTING:J [Iectl icalnonmetallic tubing and fittings shaH be permitted to beu~ed only in one and tvvo fM1ily dvvellil,gs and I nultifan lily dlJvellillgs, provided thatsuch dvvelllngs do not exceed three (3) flool s above grade. D. US[ or Tyr[ NM Arm Mt~C CADL[:) T e NM and Type NMCcables shall be permitted to be use? only in one 81,0 tvvo fan lily d~~lIingS and multifamilydvvellings, pro v idedthat such dvvelllngs do not exceed three (3) floors above grade. C. wlnlNGMeTIIOD3 ne fixed vviring n,ethodsshallbe n,etall acevvays, noM ,etallic racevva}is encased in not less than tvvo (2) inches (:O.Omm) of concrete, Type MI cable, or Type MC Gable. [xGeptiol,~. 1. As providedinArticle G40 Gound neproduction and Similar equipment, in Article 800 Communication Circuits, and in Article 72: f~r Class 2 ~nd ~Ias~ 3 r~mo.te control and signaling circuits, and in Article 700 for fire protective signaling circuits. ----- --- ----- ----- ------- Underline is for addition Ot¡ ikt Tllrol:lgll is for deletion Ordinance #01-003e Dralt#3 Paga 37 PRINT DATE: 11/270 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 \.i 'wtI 13.05.00 rlRE PRE'JENTION CODES RESERVED 13.05.01 ADOPTeD The Standard rire Code, 1997 edition, as promulgated by ti,e :Jouthel nDuilding Code Congress International, Inc., are adopted by reference as the fire code of the<GoUl"it:y, to apply to the unincorporated areas of the county. A COpy of such code.s shall be filed in the office of the rublic 'Norks Director and shall be available for public inspection during the regular busit,ess houl s of such offiee:- 13.06.00 ACCESSIBILITY BY HANDICAPPEDPEnSONS RESERVED 13.8G.tH CODe ADOPTeD The rlorida Accessibility Code for Ouilding Construction as Adopted by the :Jtate of rlorida is adopted by reference as a Ouilding Code ofSt. Lucie County, to apply to unincorpora:ted areas of the Count:y. A copy of such Code shall be filed in the office of the rublic 'Norks Director and shall be available for public inspection during the regular business hours of such office. 13.07.00 GAS CODE RESERVED 13.87.81 ADOPTI:D The Standard Cas Code, 199f'editio.n. including Appendix A (flo~v of gas through fixed orifices), Appendix D (example>problems)and Appendix I: (~ r:J gas sizing), as promulgated by the :Jouthern OuildingCode Congress International, Inc., is adopted by reference as the gas code of the county, toappl:y to theunlncorpolated areas of the count:y. A copy of such code shall befiled in the office of the rublic 'A'orkspirector and shall be available fOI public illspection during the regular business hours of such Office. ******************************** PART B. CONFLICTING PROVISIONS. -------------------------------- Underline is for addition Gtrikt T~rol:lg¡' is for deletion Ordinance #01-003e Dralt#3 Page 38 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 \w ...." 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 remainingportions ofthisordinance. If this ordinance or any provision thereof shall be held to be. inapplicable to any pers.on,prbperty, or circumstance, 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.LucieCounty's jurisdiction, PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwithto send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on January 1 , 2002. PART G. ADOPTION. Aftermotion and second, the vote on this ordinance was as follows: -------------------------------- Underline is for addition Olril¡e 1'1.11:1:1,,1, is for deletion Ordinance #01-003e Dralt#3 Page 39 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ....... ~ Chairman Doug Coward xxx Vice Chairman Cliff Barnes xxx Commissioner Paula Lewis xxx Commissioner Frannie Hutchinson xxx Commissioner John D. Bruhn xxx PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. EucieEand Developemnt 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 8 throughHshall not be codified. PASSED AND DULY ENACTED this 18th day of December, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN -------------------------------- Underline is for addition Gtril(t Thlol:lgl , Is for deletion Ordinance #01-003e Dralt#3 Page 40 PRINT DATE: 11/270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ð 17 OJM 01-003e{Lndcod01 -H) Ordinance #01-003e Dralt #3 '-' ,.." APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -------------------------------- Underline is for addition GII ikt TI 01 ðl:lgl. is for deletion Page 41 PRINT DATE: 11/270 .. ,; To: Submitted By: SUSJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ~ """ Agenda Request 5"8 Dee 18, 2001 Item Number Date: Consent Regular Public Presentation Leg. [ ] [ [ ] [ X ] Quasi-JD [ X I Board of County Commissioners Community Development Palm Breezes Club/ Preliminary Planned Unit Develop At the December 4, 2001, County Commission Meeting, the Board continued the Public Hearing/Discussion on the review of the proposed Planned Unit Development known as Palm Breezes Club. The purpose of this continuation was to provide the developer and County staff an opportunity to address the questions raised by the Board with regard to certain developer contributions towards improvements to Orange Avenue. On December 11, 2001, County Staff met with the developer and his agents to review what options existed, At that meeting, a consensus outline of how to proceed with this project was agreed to, however, the details of this outline will not be completed in time to present it to the Board at the scheduled County Commission meeting of December 18, 2001. Because there are details that remain to be worked out, both County Staff and the developer have concurred that the appropriate action at this time would be to continue this matter once again, until to January 15, 2002 at 7:00 PM or as soon thereafter as possible. This additional time should allow staff to complete the necessary paper work in order to present a complete package to the Board. Staff recommends that the Board continue this public hearing/review of the petition for Preliminary Planned Unit Development approval for the project to be known as Palm Breezes Club until January 15, 2001, @ 7:00 PM, or as soon thereafter as possible. COMMISSION ACTION: [K] APPROVED D DENIED D OTHER 4-0 County Attorney Originating Dept.: Finance: Douglas M. Anderson County Administrator Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND608a) '- ...." Commission Review: December 18,2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Asst. Community Development Director DATE: December 12, 2001 SUBJECT: Palm Breezes Club/ Preliminary Planned Unit Development At the December 4, 2001, County Commission Meeting, the Board continued the Public Hearing/Discussion on the review of the proposed Planned Unit Development known as Palm Breezes Club. The purpose of this continuation was to provide the developer and County staff an opportunity to address the questions raised by the Board with regard to certain developer contributions towards improvements to Orange Avenue. On December 11, 2001, County Staff met with the developer and his agents to review what options existed. At that meeting, a consensus outline of how to proceed with this project was agreed to, however, the details of this outline will not be completed in time to present it to the Board at the scheduled County Commission meeting of December 18, 2001. Because there are details that remain to be worked out, both County Staff and the developer have concurred that the appropriate action at this time would be to continue this matter once again, until to January 15, 2002 at 7:00 PM or as soon thereafter as possible. This additional time should allow staff to complete the necessary paper work in order to present a complete package to the Board. Staff recommends that the Board continue this public hearing/review of the petition for Preliminary Planned Unit Development approval for the project to be known as Palm Breezes Club until January 15, 2001, @ 7:00 PM, or as soon thereafter as possible. If you have any questions, please let me know. DJMI PALMBREEZE1 (H) cc: County Administrator County Attorney Planning Manager Dan Harrell, Esq. '- - '--' v AGENDA REQUEST ITEM NO. 6 Inve.tment 10. the 'ata.. DATE: December 18, 2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Utilities DeDartment William R. Blazak SUBJECT: Work Authorization with LBF&H in the amount of $102,000.00 to perform a feasibility study for the North County Utility District expansion and fun~ing consistent with the BOCC approved Master Plan for Utilities. FUNDS AVAIL: IdVestment for the Future-Funds are available. i.n: Master Plan 001-3915-563005-3710 ($14,964.00) and 316-9910-599330-800. PREVIOUS ACTION: Board approved necessary funding for the update of the St. Lucie County Utility Master Plan in the amount of $250,000.00. The plan was completed and adopted in August of 2000. RECOMMENDATION: Staff recommends approval of the Work Authorization with LBF&H in the amount of $102,000.00 for the North County Utility Expansion and Funding feasibility study. Staff further requests that the Board authorize the Chairman to execute the Agreement as approved to form and correctness by the County Attorney. [x ] [ ] APPROVED [] OTHER: 4-0 DENIED derson Administrator COMMISSION ACTION: CO E: Originating Dept : X Finance -Director: ( CQordination/SiQDatur~B Mgt. (, Budget:~ Other: if applicable)_ Purc:baaing : County Attorney:X Other: Eff. 5/96 '-" '-' BOARD OF COUNTY COMMISSIONERS UTI UT! ES DEPARTMENT WILLIAM GLAZA/<. DIP-EGOP- MEMORANDUM TO: Board of County Commissioners William Blazak, Utility Director \}~~ December 18, 2001 FROM: DATE: RE: North County Utility District - Feasibility Study BACKGROUND: .. , With the acquisition of the Holiday Pines Utility System, by St. Lucie County in 1999, the ability to serve residential and commercial customers in the Northern areas of the County has greatly increased. In addition to the utility system acquisition, staff has developed and updated a Master Plan for utility service that was completed and adopted in August of2000, and considered the expansion of North County facilities based on historical growth and customer I developer demands. Recently significant interest has developed in the North County Utility District (Holiday Pines) from individuals with as few as one parcel ofland to developers with several hundred units seeking utility service for development of their properties. The interest varies throughout the entire North County from existing businesses on the U.S. # 1 corridor, residential developments adjacent to the U.S.#l corridor and the feeder road to areas along Indrio Road and Kings Highway. Several Developers are in the early planning stages while others have submitted refined density unit numbers to the utility department to draft Developer's Agreements for their projects. The utility department is currently working with interested developer's on a project by project basis, because ofthe potential size of the proposed North County Service District, as it relates to the Master Plan, the feasibility of constructing the entire proposed utility inffastructure needs to be addressed. Development and construction of the North County Utility District in planned phases will allow for the infrastructure to be hydraulically functional and provide for the necessary financial support to the District. It is important to note that development of the infrastructure, consistent with the Master Plan, will provide the necessary "back-bone" to serve existing and future residential and commercial customers as well as improving economic development in the area. JOHN D, ORUHN. District No, 1 . DOUG COWARD. District No, 2 . PAULA A, LEWIS. DistriCt No. J . FRANNIE HUTCHINSON. District NO.4. CLIFF OARNE5. District No, 5 County Adminisrraror - Douglas M. Ande-Tson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 . FAX (561) 462-1153 '-' ,.."" Staff is recommending the utilization of Franchise Fees to fund the feasibility study as th~ area lies entirely in the unincorporated portion of St. Lucie County. The Board approved $33,000.00 in the 2000/2001 budget to perform a feasibility for expansion of the water system in North County, the funds were not spent last fiscal year pending a more comprehensive approach consistent with the Master Plan. Therefore only an additional $69,000.00 is required to fund the current feasibility study, Franchise Fees funded the development of the Master Plan that was adopted by the Board in August of2000 with a balance of$14,964,00 remaining. The amount that the Board will need to allocate rrom Franchise Fees is $87,036.00 to fund this work authorization. RECOMMENDA nON: Staffrecoillmends that the Board approve the Work Authorization with LBF&H in the amount of$ 102,200.00 for the North County Utility Expansion & Funding feasibility study. Staff further requests that the Board authorize the Chairman to execute the Agreement as approved to form and correctness by the County Attorney. . DEC-10-2801 15:17 U3FH PAU1 Cl ï'f FL 5ó1 2Gb 3925 P.02/07 \a.( 'wi EXHIB1T ~~A " NORTH COUNTY UTiLITY EXPANSION & FUNDING SECTION 1 - SCOPE OF SERViCES LBFH, Inc. (ENGINEER) will provide the following services to 51. Lucie County (OWNER) in accordance with appiícable sections of the AGREEl'vIENT: Investigate expanding the water and wastewater sy.~tems in the Nonh CoulIty Utility System. It i.~ anticipated that St. Lucie County will provide the teporr basis by providing population estimates along wi¡h development areas (where the population will be) in the North County Utility System Area. Bas~ on' the estimared population and the'location of the popuia¡ion. the ENGINEER shall develop a JO-year plan for the expan.sion ofrhe utility system Ùl order to serve the projècted lO-year population growttr. The water and wastewater treatment proce,~se.~ and plants will be investigated along with the related· di.~ributiOrt and l.'oEfe~tiðl1 -systems: It isittte1tded that the ENGINEER will contract with other sub-consultants to evaluate the proposed expansio/1 ofehe North Sr. Lucie County Utility System. Them: sub-ctmsultant$ im:iude utility cmrs-ultardY that will identify and developed feasible expansion funding Qild cost recovery options of the system over the next 10 yec:rs. PHASE 001 000 - PRELIMINARY WORK AND INFORMA TfON GA THERL"lG AND TEAM MEETINGS It Meèt witlTSr. Lucie County and-f~b¡'fity Team to U't::t"lIlIiil" infolllldtiorravaHabte for the-. North County Area. and detennine methodology for the evaluation. s Obtain neœssaryanct"availabiedoc¡.¡melll,uicm that may be- ~thn the-ç¡o¡.ç\,oulIvlI of the work. s Work with the- St. l.\tCie County Planning depan~ent ¡It the preparation-of population estimates and where the population wilJ be within the planning area over the next 10 years. ~ Revi~ documentation and attmd it kickoff meeting(s, with St. l.ucre-County:- . Prepare for and attend one Team meetings during the report preparation phase and prepare fOf and attertd one- Board mcc.tings to discuss status and conclusions of report with the Roaid of County Commissioners. . Prepare for and attend Team meetings as w¡'¡¡ be schedtt1ed from time- to time through- the. project period. PHASE 21/21&· W A 'FER S-V5-1'EMTRE-A l'MEl'..i1' PROCESS AND CAPACITY' .. Treatment Capacity and Treatment Process ... Review popttlarion esti-mates'-and-popmation-loea:trom from-OWNER:, review Water&-, Wastewater Master Plan projections for the North County Area, and Nonh Hutchinson Island, r:~!\'CU9CIIf."~lþ.p.~~iM"~f.'IIlldr.~ I off> Uúlily Feasjbil~ DEC-1D-2801 15:17 LEFH FF:LM C ITY FL 561 286 39::0:5 -' . :1.:5/ 'U '-' -....I ~ Delern"áne spcci tic demands. fmm the NOl1h Crnm.y, and Ncrt~ H,,:zhi,,5C~ !;;!~ï1d ,1.. ,-u& the 10 year planning period and estimate average day flow, maximum day flow, ar.d peak hour now, bnSt;d G1T pcpul¡¡:uon esÜmates and pepnìaticn Îcc3tjon irern OWNER ~ Develop an area flew curve that identifies the specifjc demands from North Cotmry and North Hmchin$on lstand through tm- y~ 2020, Pæp~ an iì1c~meï.iaJ phmt C'itPfJC;,y v,", -If:-' that will provide potable water through the 20 year planning period. · Provide a discu~:ston of a typ1caÌ RIO tre<rtmeftt Process utiHziTIg FJorida;.,. raw w~ w,'+.-'1. brief discussions On eì\pected raw Water and product water blending ratios. ProcfSS' and Site Layout · Based OInSti mated- ¡ (} year rna;timum day flow demands- d~clop- ¡t process train layout and. site layout. Additionally anaJyze impacts to the site with maximum day demands beyond the expected lÐ-yeantemand.. .. Process and ~ite-layoutS to consider treatment components such- as approx imate buildingts) sizes, generalized process layout within the building{s), necessary facilities for storage of potable water and treatment chemicals. and o'tCraH ~ layoot to-facilitate each treatment- process through the planning period. PHASE 2-2/2-2& - mSiFRlBUTION-SYSTEM. Rr\ "tV WA 'FER SUPPf. Y & :SRlN.&, DISPOSAL .. Distribut50n Sysmrr ami T ¡ èJU~."';å&¡OIt Maift.-. · With the ¡¡nalysis of providing a RIO treatment plant in the North County area, the feasibility of providing finished w¡:¡ter to' the-North- Hutchinson !stand (NHI} W att:T Scrvict Area and aH-- other service area. with the North County Service area. · It is anticipated mat a 12-indr diameter-pipeiine-wHl provide-me transmiS3wn of potable water to North Hutchinson Island, This pipe size will be confinned to provide the necessary pumping charaçte~ and pIo'UI¡;iu¡; I"C\..~, · Distribution System and transmissions systems will be developed over the entire North County area to support the- projected-populatiOlt growm. · Hydraulic modeling will be provided to adequately predict pipeline sizes for the distribution sys~em. · Potentia] pipeline routes wtll reinvestigated for providing service toth~ NHl Water Service- Area. A minimum of two routes will be suggested. .. It is anticipated-that thtpipeJirewiH serve as a transmissiOttmain-witln:ontinuous oper~ to fill a storage tank within the Nfl] Water Service Area. · Directjona~ drill construction methods win be considered. however it is tmderstOodtltat the- construction of a long (one to two mile) dri1l may not be feasible based on cutTent construction pracñces. Research- will be-conducted and- a- mini mtlm of rwoi~reputabie. construction companies will be interviewed concerning the feasibility. · Local utilities will also be contacted to provide historical information for directional drills in the area. r:':ØO-OO¡Z\","rx: f :-4;n-rt;,.~ l~iI.\¡Mllf lI.r r)lll"1lh,'utlly ttllr.;at I"« ,",,¡¡I..~ 2 of() Utilìty Feasibility 1)(:(-18-2801 15: 1'7 LEFH PAU'I C ¡ TY FL 561 286 3925 P. 84·<37 \w "'-tI lb'j¡l Wa~r Sl!l~p1y llmi~ìm;.! R~~. <) Research and analyze typicaJ chemical ana]ysl~ of ràw water thut can be expected from the Floridan acquifeT. Attempt to obtaIn chemica-l analysis of Florida.. raw waler from utiìiÚes, within ¡he Sr. Lucie and Indian Rjver County are:iis. ~ Estimate e:\pt:cted water vulume;.; from Floridan weBs and estimate the Dumber, diameter, and locations of needed wells to provide for the maximum day flows through the planning period. Information wiH be based on ex.isting duta from uÜ!i!ìes within St. Lude and lndian River Ccunti'ts. $ Provtd~ the layout of the- e::qrec¡.ed wdlfidd and provi-de prop6sed raw water pipeline sj~). and suggested route to the WTP site. :Briœ-DÍ§posahmt-~R~ .?" mvestigate- a minimum of two- btir.tdisposar methods incl-udmg creep wen iïtjeCrTon and t~ use of a surface water discharge. · A total of iliree-(3) mffiin~ are antic:i:p¡tteå wtth FÐEP amH or private- industries 'to- investigate the feasibility of a proposed surface water discharge. · Chemica] make-up of brine- {reject) wi-» be-estímated bnsedon- other-R/O treatment facilitiæ.. within Sl. Lucie County and Indian River County, .. Estimate-the vclume ef bri11e necessary for di$pcsa} and pro'll ide a--suggested pipeline siz¡:aml pipeJine route to the suggested disposaJ area, PHASE 23 f 230 - W ASTEW A TER TREATMENT AND CAPACITY Tnatment Capacity and Treatment Process a Utilizing population and flow generation numbers as devdoped fo...the Water T~attll¢ltt-- Ana.lysis as stated above, and comparing these numbers with recent Water & Wastewater Masrer-Phm fot' the- Nonh- COtIftty Area, develop-wastewater projections for the Itryeas:. pJanning period · Determine spa:ific- demanm from ~ Nonh-County area th1'Ot1gh-the ¡;1"",lilig-1 analysts period and estimate average day flow, three maximum month daily flow, and peak hydraulic flow. · Develop an area flow curve that identifies the specific demands from North County. Prepare an incremental ptanr capac;iry curve that win provide flow capacity tñrough the 10 year planning period. · Provide a discussion of a tYp1cal wastewater treatment process utilizing a secondary and tertiary treatment prt)t:~s, with- brief diSCtJssion$ OTr~pected çfí1l.içut IjlJatity anchqutatoI'}'. considerations. Process and Site' Laycul. · Based on estimated ill yetIf flow-patterns ðJld paöj(¡GtiOu;:i Jçva;luJ:1 a process train lãyout and-. site layout. Additionally analyze the site with three maximum month daily flow ex.pected beyond the eJl.pected 10 year projection, · Process and site layouts to consider treatment components such as headworks, aeration, clarification, filtration, disinfection, residuals, building(s) sizes. generalized process layãut within the buitding(s}. necessary faciríties for effiuent handting., treatment chemicals, and J"':WU-OOln"".¡(JI"o1~"~C~ (CllJil'¡¡¡¡, R" 1",,11~1.:I11.In:IY J'fVtVJf pr.r .n"r:';l\tI_u~~ )of6 Utìtity feasibilIty DEC-10-2801 15:18 LBFH PRLM CITY FL 551 266 3925 P.05/07 '-' '-' over-GiH sire layout tù fm:iHtate ~uC'h ¡r~~~f;1efH priJ"t:~s tnroogh ~.::~ pk;.T1-n.-};;g- ¡;e-ric-a. PHASE 24/240 - COLLECTON SYSTEM AND EHUJENT mSPOSAL Ccn2Cî.5ðn Syst~m .~ ,Lift Stati'ons~ forcemains, and main gravity systems will be ana¡yzed over the entire north county system for the areas thai arc anticipated to see the majority of development over the next to-year period. ' · Beyond the 10 year period, very generalloca¡ions of larger lift stations wjJl be identified in order to better plan and layout the lO-year system and eventually the buildout system. · Hydraulic modeling wílfée conducted toadequateIY'pmject the forc-emainpípefìne sizes. EmueDTDispo~ .. Investí~ a UlillilllUIn of two-effluentdisposat-opttons-. Two specifie methcm-oc combination of two options may include deep well injection and public access reuse. 0" Provide a cursory discussion on-o[hen:~fflucnr disposal optioMth3t-may be-viablc options fur. the north county area. ~' A redarmro Watef-distfibution system wiH be developed fer the- neftb county area within the-- 10-year planning period. The layout of this system wiH also lake into consideration the ultimate' layotttof the-redatmed water system-beyÐfld the-planning perietI.. PHASE 25/250 - "ORDER 01" MAGNITUDE" CAPI! AL COST ES!IMA TE · Based on the above Water System Phases, compile a list of capital construction items and estimate constrnction cos1s for-each overthe-le..year period. · The estimate will be based on broad categories of capital items such as the RiO treatment process, potable-waterstemge-, pi-peiifle, ra..... wæersupply. briae-èt9posa1, etc... and will n~ be itemized for individual components. PHASE 26/260· ANNUAL OPERATION & MAINTENANCE- COST ESTIMATES- e- Worlcingwitlt1he-Ð-WNER's privare-operafionsœmpany;ammaIO&M-costs-will--be' developed for the proposed treatment plants and processes, the distribution and colJections systel'n$, the-tranmrissiM- system; raw watcrsysrem, reject disposat system alld effluent.. disposal system.. · Costs wilt be developed-for major cost C2legQries such as personnel (staffing), chemicals, electricity, pumping, compliance, etc, r1ßU.uotZt'iQ}1t' clf~r"i\.:t~ Ih~,û.lJil., rll" ::'In" UhIUJ, ~ prr1t.1111J' ¡;:urum: 4 of{r- Utility Feasibilily L't:L-HJ-¿\::~n l:J'lö Ll:JrH [-'RU'1 Cl TY FL '-r 561 286 3525 ?86/07 ~ PH:·\§]E ,.at J 270- FUNDiNG ANAL 115105 AND ¡VŒTHODOLOGY " Wor!l.ing with sub-contractor's Howard C Osterman. Inc. and GreenbergTraurjg, P.A., fund¡ng and entity struc!uraJ me¡hùctologj¡~$ und options wiJI be evaJuated for implementing ¡he complere sy~ ~ A IrriTIimum of thn:e-fundíng and entity structural methodologies wjIJ be-provided and djscu$s~d ¡hat couJd be utilized to implement the proposed system. cT An analysis wiB be provided combining the proposed system with the County's N'Æ Water system customer base; system costs will be compared and impacts to the Current fimmcía] structure wouläbe reviewed. ~ Include! pr::pm a¡¡'oo- for ami' anendaoce at meetings wjth- St Lucre County VnHty st¡¡ff <is- needed and one meeting with the Board of Coun!y Commissioners. SECTION 2 - æ-UVR'RABLES- Six (61 copie!> of the- fi1'laHeaw,Hity report wiH-bc-pro'tideå to-me-O~. SECTION 3 - SCHEDULE , .. ~ time of performanœ fur- work lifIœr this authorizatiort wit! be 100 days from Noric~ ro p, ol.~ed.. (OWNER issued Purchase Order) to the completion of the report. SEC'J'!eN-4. METHOO AND- AMOUNT Of-COMÆNSA'fION-. Compensation for this work will be in accordance with the following Phase breakdown: PHASE 00 - Preliminnry Work and Team Meetings 2 J - Water Treatment and Capacity- 22 - Distribution System & Raw Water 23- ~ Wastewatef' Treatment- and-Capacity 24 - Co1lection System and Effluent Disposal 25 - Capital Coot Estimate 26 - Annual O&M Costs 27 - Funding Analysis.. · Funding-Analysts · Entity Structural Methodology and Option Preparation i":'æ·mn:t""II__ t.tjcf'it.:~... tr;,¡.,ihitil, '¡¡r l'Iu;-t'n;umJry~f'er;;oI\(~j)f¡,[¡¡.: 5-nf6- P"AYMEIff METHOD AMOUNT LS $6,900 LS $12,400 LS $13,100 LS n 1,500 LS $9.800 Ls- S4;600 LS $3,700 Ls- $20,000 LS $20,000- Uritity Feasibirnr GEC-1U-¿Z01 1~:1~ LBFH ~hLM Cl IY rL 2;01 256 3'~¿~ p. zr;' /:d'? '-' -...; SECT10N 5 - OWNER'S ~NSmftn}æ OWT:cr h1:reby de:signatet- Witham R. Blaza!e-.:-s OWN'"ER'S·rep11:jcr:i:~{ive. In ;>ddt¡iCn1ú appiic&-tk pro'lisJûns of ¡he Agreement. the OWNER will: .a Provrde- pcpuìahon gt'ù1Nth- and p1jttent3 over the- m::-:tt H)-year- ptmmmg peried, 'F1li~ infomlation is assumed to be the basis of the feasibility analysis. ,. Provit!e any available- information report:t Of maps, record drawmg¡¡-, 5~dri:WJffig£ ~ operation and maintenance records applicable to the project. w Provide-the ser,ices of the OWNER'S private o¡;elation$ staff ro determine the annual O&M costs of the major components included within the feasibility. .. j",W·Q'D12\"'\1J.... ut .~~~ ~.I..iÞilrty !IIJ Dl.JrTttL"\MnY ~y~~ o~ cdtllslÇ 601"6 t:J'tilily Feasibility TOTAL P.07 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 200112002 BUDGET WORKSHOP I GENERAL GENERAL 11 MSTU F&FFUND AIRPORT PORT UNINCORP. TOTAL .JULY 10: SUPERVISOR OF ELECTIONS 0.00 VOTING EQUIPMENT UPGRADES 107,452.00 107,452.00 0.00 SHERIFF 0.00 HELICOPTER 400,000.00 400,000.00 0.00 COMMISSIONER LEWIS 0.00 COMMUNICATIONS (500.00) (500.00) JULY 11: \ 0.00 COUNTY ADMINISTRATOR 0.00 TAPING MEETINGS: 0.00 SALARY & BENEFITS 51,320,00 51,320.00 OPERATING SUPPLIES 15,000.00 15,000.00 0.00 IpURCHASING 0.00 EQUIPMENT RENTAL 1,700.00 1,700.00 CONTRACTED SERVICES - COURIER SVC 6,400,00 6,400.00 JULY 12: . IANIMAI CONTROL 0.00 HUMANE SOCIETY 31,000.00 31,000.00 0.00 AIRPORT 0.00 AIRPORT PAYBACK (253,079.00) (253,079.00) ENCUMBRANCES CARRlED FORWARD (100,000.00) (100,000.00) INDUSTRIAL PARK NORTH (102,000.00) (102,000.00) INDUSTRIAL PARK WEST 455,079.00 455,079.00 'JULY 18: CULTURAL AFFAIRS 10,000.00 10,000.00 COUNCIL ON AGING (6,374.00) (6,374.00) ARC (6,500,00) (6,500.00) COMMUNITY SERVICES DUES & MEMBERSHIPS (75,00) (75.00) TULY 19: LIDRARY SUNDAY HOURS-SAL & UTILITIES 59,982.00 59,982.00 PARKS & RECREATION BLEACHERS 40,000.00 40,000.00 ~ BERTHS 180,000,00 180,000.00 HUMAN RESOURCES G:\BUDGETlQUA TTRO\02 budget\General\BUDWORKSHOP02.wb3 ~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 200112002 BUDGET WORKSHOP I GENERAL GENERAL 11 MSTU F&F FUND AIRPORT PORT UNINCORP. TOTAL DELETE TRAINING POSITION CONT. wm (2,454.00) (2,454.00) SMITHSONIAN MARINE CENTER NEW POSITION & ADJUSTMENTS TO OP~ 47,017.00 47,017.00 MEDICAL EXAMINER SALARY INCREASES (6,587.00) (6,587.00) CLERK OF CIRCUIT COURT SALARY INCREASES 58,525.00 86,694.00 145,219.00 AUGUST i3.' PLANNER 1II 54,717.00 TOTAL: 374,906.00 486,694.00 0.00 180,000.00 85,717.00 1,127,317.00 UNALLOCATED SERVICE GARAGE REDUCTIONS COMPUTERS REDUCTIONS .. 5,146,354.00 98,100.00 36,248.00 5,280,702.00 100,000.00 5,380,702.00 FRANcmSE FEES (VEHICLE REPLACEMENT PROGRAM SAVINGS) TOTALUNALLOCATED LESS: GENERAL FUND FINE & FORFEITURES FUND AIRPORT PORT 374,906.00 486,694.00 0.00 180.000.00 1,041,600.00 BALANCE 4,339,102.00 MONDAY, AUGUST 13,2001 - CAPITAL PROJECTS WORKSHOP: LAKEWOOD PARK BIKE P A TIIS - PHASE II & PHASE 1II COWBOY CLUB ARENA HARMONY HEIGHTS STORMW ATER LAKEWOOD PARK SOCCER FIELDS ST. JAMES LANDSCAPING SOUTH CAUSEWAY ISLAND EROSION NORTII CAUSEWAY ISLAND EROSION CMC CENTER PARKING LOT DRAINAGE MSBU IN-HOUSE REVOLVING LOAN COMMUNITY PRIDE PARK REFERENDUM HERMAN'S BAY NORMANDY BEACH 150,000.00 20,000.00 150,000.00 144,800.00 100,000.00 50,000.00 25,000.00 50,000.00 117,000.00 30,000.00 25,000.00 47,030.00 55,220.00 G:\BUDGET\QUA TTRO\02 budget\General\BUDWORKSHOP02.wb3 ...... ST. LUCIE COUNTY BOARD OF COù"NTY COMMISSIONERS 2001/2002 BUDGET WORKSHOP I GENERAL GENERAL F&FFUND AllŒORT MSTU PORT UNINCORP. LA WNWOOD STADIUM TENN1S COURTS PEPPER PARK W ASTEW A TER LAWNWOOD STADIUM SOFTBALL SA V ANNAS TRAIL CONNECTION FORT PIERCE FAR1\1S SCHOOL HOUSE ADA RESTROOMS SOUTH CAUSEWAY ISLAND PARK IMPROVEMENTS BALANCE AFTER 1ST WORKSHOF' COMPUTER REPLENISHMENT PROGRAM - BOCC APPROVED AUGUST 14,2001 GASB 34 ACCOUNT ANiS - BOCC APPROVED AUGUST 28,2001 AVAILABLE BALA1~CE 9/11/01 THURSDAY, SEPTEMBER 13, 2001 - FINAL BUDGET PUBLIC HEARING: FINANCIAL ADVISOR - CONSULTING SERVICES ON INVESTMENTS LAPTOPS-COMPUTER REPLENISHMENT PROGRAM WITH HOWARD COMPUTERS LmRARY-INFORMA TION TECHNOLOGY ON CALL SERVICES FOR SUNDAY HOURS ABBIJEAN RUSSELL CARE CENTER-CONTRACT WITH REIGRUBER & COMPANY, P ,A. COMMUNITY DEVELOPMENT PROJECTS ADVERTISING BALANCE TUESDAY, SEPTEMBER 25,2001 - CAPITAL PROJECTS WORKSHOP: 2002 ECONOMY RESERVE FAIRGROUNDS PORTABLE STAGE REGIONAL FOOTBALL/SOCCER STADIUM ($100,000 FROM PARK IMPACT FEES ZONE B) CMC CENTER STAGE CURTAIN ADMINISTRATION BUILDING PARKING LOT ADDITION BALANCE Utilities Master Plan BALANCE 3UDGET\QUA TTROI02 budget\General\BUDWORKSHOP02.wb3 TOTAL 120,000.00 50,000.00 30,000.00 15,000.00 51,000.00 108,000.00 1,338,050.00 3,001,052.00 92,516.00 100,000.00 2,808,536.00 10,000.00 3,500.00 5,300.00 31,200.00 120,000.00 63.400.00 233,400.00 2,575,136.00 1,060,754.00 575,000.00 100,000.00 189,000.00 48,000.00 50,000.00 2,022,754.00 552,382.00 87,036.00 465,346.00 '-' ..",J "'C C o IY c o +' I/ C Lakes Club WTP -~-\--- \ SCALE \ 1"= 5,000' (~ Lakewood Park IndIan RIver Co,unfy 5j'. LucIe -CO-*~ fy-----p-- Isp~niSh Lak Farways WT I , "'C i c -{( -g i ~ ~I II ªI I c o ..... I/ c -r: o ..." "'C C o IY c o ~ Q) E w 12" 16" Indrio Road Holiday Pines WTP 'Z. o ~ J., ~ ~ "'C C o IY Q) o c 'E Q) UJ "'C C o IY B" 8" 8" . <-I 12" Road LEGEND Existing Year 2000 Proposed 2005 Proposed 2020 WTP's * Existing and Proposed North County ~Water Distribution System L~.J 8 ST" LUCIE COUNTY WATER & WASTEWATER MASTER PLAN FIGURE ES-2 \w' ...I IndIan RlvtJr C'J!;,/~ ' 5\1. LucltJ Co ~r -- [Existing i I E:cisting lakewood Spanisf1 Lakes I' Park WWTP Fairwoys WWTP j I ¡ "I I £1 -g I _____ i i :.:, "3 I ""') ! I i I North " o o 0:: c:: o '" "- CD E w a" a" 12" "I o o 0:: 16" 16" " >. 0 0 ~ 0 ~ 0:: C7> CD I "õ a" c:: 'Ë '" C7> CD c:: en 2 0 I- 6" 6" 12" Indrio Road e," Proposed Regional WWTP 6" . ~ 6" I ¡ --4- I I Existing Force Main 5 Yr. Force Main 20 Yr. Force Main Existing WWTP Future WWTP ~ ~ 181 œ:I Existh1g and Proposed North County Force Main System ~.Je ST" LUCIE COUNTY WATER & WASTEWATER MASTER PLAN FIGURE ES-6 "" , ' IndIan.. RIver Coµnfy 51'· LucIe Cotirfy I . ¡ Î Spanish i Lakes i F'airways! Golf Course I North ., , ì ! ~ c o a:: ----,..- ~ C o a:: ~ o o a:: 1:' c tn Q) :a o ::.:: c: o ..... UI c: .c o ..." c: o ~ Q) E w ~ c o a:: ~ C o a:: O) "õ c: Ë~ O) (I) kI I ~ ~ ~ ~ ..,J ~ jI: .c tn :E UI tn c: :ò2 ~ Angle LEGEND 5 Yr. Reclaimed Water Main 20 Yr. Reclaimed Water Main Existing WWTP Proposed Regional WWTP 18] ~ Potential Future North County IReclaimed Water Facilities L~.-, _ ST. LUCIE COUNTY WATER & WASTEWATER MASTER PLAN FIGURE ES-14 .-"-"'~ . '-' AGENDA REQUEST .."I ITEM NO. 7A DATE: December 18, 2001 REGULAR [XX] PUSLlC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED SY (DEPT,): County Attorney SUBJECT: Pepper Park Addition / FCT Project 99-001-P9A Option Agreem ent for Sale and Purchase Parcel F - Jackson et al Tax I.D. No, 1423-802-0003-000/5 Daniel S. Mcintyre County Attorney FCT $69,669.20 SLC $6,330.80 BACKGROUND: Please see attached memorandum FUNDS AVAilABLE: Funds are available in 145201-6230-561000-465015 (Land - FCT - Pepper Park Addition) and 145201-6230-561002-465015 (Land - Abstract & Title - FCT - Pepper Park Addition) PREVIOUS ACTION: August 24, 1999 - Received Board of County Commission authorization to submit Grant Application to Florida Communities Trust for the purchase of the Pepper Park Addition Project. October 12, 1999 - Received BDard of County Commission approval of the Conceptual Approval Agreement with Florida Com munities Trust to purchase the Pepper Park Addition Project and authoriz ation to purchase Parcel G. September 12,2000 - Soard of County Commission approved the Pepper Park Addition Grant Award Agreement. September 18, 2001 - Soard of County Commission approved the Option Agreement for Sale and Purchase for Parcels 1, 2, 5, 8,10 and 12. September 25,2001 - Mosquito Control District approved the Option Agreement for Sale and Purchase for Parcels 1,2,5,8,10 and 12. November 13, 2001 - Board of County Commission and Mosquito Control District approved the Option Agreement for Sale and Purchase f or Parcels 3, 4 and 9. RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Sale and Purchase of Parcel F highlighted in orange on the attached map, authorize the Chair to execute the Agreement and direct staff to close the transaction and record the docum ents in the Public Records of St. Lucie County, Florida. [ ) Originating D ept. Finance: (Check for Copy only, if applicable) E: COMMISSION ACTION: [Z APPROVED [ ] DENIED [ ] OTHER: 4-0 [XX) County Attorney: ~/' Review and APDrov a!s ¡XX) Mosquito controJ:~ [ ] County Engineer: /YJ~ Elf 5/96 G:IACQ\WP\YVONNEIMOSQUITOIPEPPERF'AlAgenda 121801,w pd '-' ...." MEMORANDUM TO: Soard of County Commissioners FROM: Daniel S. Mcintyre, County Attorney DATE: December 18, 2001 SUSJECT: Pepper Park Addition / FCT Project 99-001-P9A Option Agreement for Sale and Purchase Parcel F - Jackson et al Tax I.D. No. 1423-802-0003-000/5 FCT $69,669,20 SLC $6,330.80 On August 24, 1999, the Soard of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for tne purchase of the Pepper Park Addition Project. On October 12, 1999, the Soard of County Commissioners approved the Conceptual Approval Agreement with Florida Communities Trust (FCT) for the purchase of twelve (12) parcels within the Pepper Park Addition Project. This project will receive 91.67% or $550,000 from FCT and 8.33% will be provided from the Mosquito Control Land Acquisition Fund at a cost of $50,000.00. September 12, 2000 - Soard of County Commission approved the Pepper Park Addition Grant Award Agreement. September 18, 2001 - Soard of County Commission approved the Option Agreem ent for Sale and Purchase for Parcels 1,2,5,8,10 and 12. September 25,2001 - Mosquito Control District approved the Option Agreement for Sale and Purchase for Parcels 1,2,5,8,10 and 12. November 13, 2001 - Soard of County Commission and Mosquito Control District approved the Option Agreement for Sale and Purchase for Parcels 3, 4 and 9. The above referenced parcel IS highlighted in orange on the attached map and is the subject of this Agenda Request. The shared costs specific to this parcel will be approximately $69,669.20 (FCT) and $6,330.80 plus closing costs (SLC). Also attached are two memorandums prepared by Jim David, Mosquito Control Director, outlining the public benefits of the Pepper Park Addition and supporting the purchase of this parcel. Purchase of the remaining parcel is quite possible, however as of this date we do not have a signed Option Agreem ent. The Option Agreement for Sale and Purchase of Parcel F is available for your review in the Property Acquisitions Office. '-' ..".¡ RECOMMENDATION: Staff recommends that the Board approve the Option Agreem ent for Sale and Purchase of Parcel F highlighted in orange on the attached map, authorize the Chair to execute the Agreement and direct staff to close the transaction and record the docum ents in the Public Records of St. Lucie County. G:IACQIWPIYVONNEIMOSQUITOIPEPPERPAIM,mo 121 B01.wpd ,"-- --y", , un un ----.- ']---\J ~"E'E[.:::'.~TP'ErG-crp::-~~~:7:I"---:j~ 1423-440-0011-<J00~, ÓV-\r.,]r'-c;:~ ~?J¡"TI~iTLJfjt,-;-I::iL' '--~'a.:,,~~ 1.74 Ac _____ I _LL I ,,_I~,-:::,e_t:'='-t::".L ::;"-1 ~ b)!l /~~~~ - l~~- L:;~:SRA" ¿¿~ .. Closed Transaction County Owned 10.0 Ac ___ ~/~J ~-S ~o ~-- \.t ''''-'' PepJ)er Park Addition F(~T 99-001-P9A Property owner: Florida Institute of Technology ~ e? f.... ej o ~ CORAL C(Jv~ WAlERWAY k "(' ú Æ-"{.g~[J...KjQ~l[J (;6'''' ~djª5J~[ªjQ0 .- lir.rmN WllrEl~WM c.3QiSicf:rnrsÞi ~ orÞD' 1If¡~1 \0~Õ:\S.1trlÍ.l~L,~C'J llr5 ~ K/Nc;nSH[J~ WAT[RWI\Y ~~:'!~j-:®~ifDl:-jCJÇ?~]r~r '/!!!,Z.:'" CJ 'CD W u. -- /51- T & (§>ø@~~--- - , .J )!-.- --. £ i~~j~5brdJfuÐ -_.------_._.--=-=-=~~' ''::-:::=--=::- o ~ ~ l--LJ ..-------- . .. .. Option Agreement Approved by 80CC Subject Parcels -.- Project site boundary A - 1423-440-0012-o0QII 0.26 Ac Property Owner: St. Lucie County 8 - 1423-440-0016-0009 0.26 Ac Property Owner: SI. Lucie County C - 1423-440-0015-0002 0.26 Ac Property Owner; L. E. Wallace D - 1423-440-0014-<JOO-S 0,21 Ac Property Owner: E.M. Newmark E - 1423-440-0013-000'8 0.21 Ac Property Owner: St. lucie County F - 1423-802-o003-<JOO-S 0.45 Ac Property Owners: K.L. Jackson F.N. Moates 8A Foreman G - 1423-802-ü003-<J1 (}13 1,24 Ac Property Owner: SI. Lucie County 5Ir-.L..".~ ~, GiS- ~~::..,.- Community De,elopment Oepartment ! Map prepared DecømbÐt 7. 2001 1N.""","-'-'~Io<II'N'''~anj'''''''''_...,. 'oINDOI/II)Ic6'art__nwmlOpI<Mdoh>_...-..orro 0<:CUda WœWdbl pa......1& naltIIndId tr_... ~ bfIdIno --. Scale: 1" - 600' '-' ....J DIVISION OF MOSQUITO CONTROL MEMORANDUM TO: BClard of County Commissioners VIA: Dcmald Cole, Property Acquisitions Manager . J James R. David, Mosquito Control Director tr' - FROM: DATE: De!cember 18, 2001 SUBJECT: Pepper Park Addition - Proiect Acauisition District staff supports proceeding with the acquisition of the subject properties at Pepper Park Addition" in any order, and as soon as possible. Our understanding is that the Florida Communities Trust Program funding is time-limited, while the properties continue tCI merit our consideration because oftheir ecological value and their public health importance. Public Access is also available via the Mosquito Control Dikes and dirl~ctly via water. Please let me know if you require anything further. cc: file '-' '.,J DIVISION OF MOSQUITO CONTROL MEMORANDUM To: From: Date: RE: Board of County Commissioners . / James R. David, Mosquito Control Director ~ December 18, 2001 Pepper Park Addition Public BenHfits Background Pepper Park Addition is a 114 acre coastal wetland, and mosquito impoundment, located approximately 1.5 miles north of the Ft. Pierce Inlet. It is an important Indian River Lagoon-fringing component of the Saint Lucie County, "South Indian River Lagoon Greenway". A portion of the project area, 111 acres, has been permitted, in association with 40 acres of private lands at Jack Island, as mitigation for Phase I (Berths 1 and 4) of the Port Development Plan. The protection and restoration plan proposed for the site was developed as the mitigation plan for the Port Phase I project. FDEP required high ratios of mitigation area to impact area (approximately 40:1) for the Port project, and felt that the probability for success associated with wetland impoundment restoration was greater than that associated with attempting to meet both restorative seagrass planting success guarantees, combined with high ratios of mitigation. . Over time, additional public benefit objectives were combined with the FDEP permitting goals to create the Pepper Park Addition project scope. The following project deliverables are now being proposed: 1) to protect. preserve, restore and publicly manage 111 acres of privately-owned mangrove swamp in mosquito impoundment no. 17 A; 2) to provide public access, parking and boater access to the wetlands and the Indian River Lagoon, through the plJfchase of approximately 14 acres of adjacent uplands (consisting of dikes and proposed access/parking facilities). The public ownership of the site will also ensure the continuation of Mosquito Control Best Management Practices at the site, which are designed to reduce/eliminate pesticide use in this environmentally sensitive barrier island area. The St. Lucie County Mosquito Control Division proposes to be primary manager of the wetlands of the site, with the Saint Lucie County Leisure Services managing the uplands of the site. The site is contiguous with a State Park managed by the County (Pepper Beach Park), which contains both beaches and wetlands. Acquisition ofthe site would add 2.29 miles (3.68 kilometers) of Indian River shoreline to the existing park lagoon frontage. It would also provide a buffer for the existing Park from residential development. The site's acquisition would contribute additional public open space to a rapidly growing urban area and would result in increased public passive recreational use of a natural conservation area. The site contributes to the well-being of seagrass-dependent fish communities. Restoration and implementation of best management practices for thl3 site will improve its function as a fish and macrocrustacean nursery, and may '-' ..., result in significant benefits to the health of the seagrass bed itself, These seagrass beds provide habitat for many marine and estuarine organisms, including the endangered West Indian Manatee. The site is also an important component of a "County line" to "County line" integrated management strategy for foraging enhancement for over seventeen (17) species of wading birds. The purchase price of the property as proposed under the current plan is estimated to cost Six Hundred Thousand and 00/100 Dollars ($600,000,00). The Port is eligible for a match from the Florida Communities Trust Program (FCT). Local match, in the amount of $50,000.00, has been budgeted in the Mosquito Control Budget to provide the 10call1latch requirement. cc: file - ", Ì!' V 'w AGENDA REQUEST ITE~O. 7B DATE: December 18, 2001 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Count~( Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-248 - Economic Development Ad Valorem Tax Exemption BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff ¡recommends that the Board adopt Resolution No. 01-248 as drafted. COMMISSION ACTION: ouglas Anderson County Administrator [x] APPROVED [ ] DENIED [ ] OTHER: 4-0 County Attorney: ~¥ Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 '..... ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: BOllrd of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2778 DATE: December 11, 2001 SUBJECT: Re~;olution No. 01-248 - Economic Development Ad Valorem Tax EXE~mption ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Resolution No. 92-264 which established a property tax exemption phase out schedule and property tax exemption eligibility rate schedule for new or expo.nding businesses. Attached is a copy of draft Resolution No. 01-24 which, if adopted, would amend Resolution No. 92-264 to provide incentives for businesses employing St. Lucie County contractors. Also attached is a copy of a memorandum dated December 3,2001 from Patricia Tobin identifying the anticipated effect of the proposed amendment. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 01-248 as drafted. Respectfully submitted, DSM/caf Attachment '-" ...., RESOLUTION NO. 01-248 A RESOLUTION AMENDING RESOLUTION NO. 92-264 EST ABUSHING A REVISED PROPERTY TAX EXEMPTION EUGIBIUTY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On September 8, 1992, this Board adopted Resolution 92-175 which implemented the provisions of Section 196.1995, Florida Statutes, which authorized the Board of County Commissioners the authority to call a referendum on the issue of granting a Local Option Economic Ad Valorem Tax Exemption. 2, On October 6,1992, this Board adopted Ordinance No. 92-24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. On November 3. 1992. the voters approved the proposition calling for economic development ad valorem tax exemptions in St. Lucie County. El'lðctmt:l'lt of Ordil'lol'lce: No. 92 21 is cOl'ltil'lge:l'lt 01'1 ð majority vote il'l the November rde:re:l'ldum electiol'l. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. $trtld( tnraugn passages are deleted. Underlined passages are added. 1 '-' ..",¡ 4. On October 20. 1992. this Board adopted Resolution No. 92-264 establishing a property tax exemption phase out schedule and property tax exemption eli9ibilitv rate schedule for new or expanding business which this Board now desires to amend. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached hereto and referred to collectively as Exhibit "A", for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ St. Lucie County residents and St. Lucie County contractors. These incentives shall be the following: a) If a business can verify after the first year of exemption that sixty percent (60'Yo) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A". b) If a business can verify after the first year of exemption that eighty percent (80'Yo) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A". Struck througn passages are deleted. Underlined passages are added. 2 '-" '....1 9 If a business can verify that it used a licensed general contractor whose principal place of business is located in St. Lucie County to construct the improvements which are the sub iect of the application for exemption then the business shall be entitled to one additional year from the standard exemption as set forth on Exhibit "A". 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expa~ding business; b) The unemployment and underemployment of the available local labor force and the types and wages of jobs created therein; c) The amount of capital investment purchased by the new or expanding business; d) The ability of the County to otherwise meet its total fiscal needs should the requested exemption be granted; e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. Struck through passages are deleted. Underlined passages are added. 3 ~ '-..I After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner Paula Lewis xx Commissioner John Bruhn xx Commissioner Cliff Barnes xx PASSED AND DULY ADOPTED this 6th day of November, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Strl;Jd< through passages are deleted. Underlined passages are added. 4 '-' '...,¡ PROPERTY TAX EXEMPTION ELIGIBILITY ELIGIBILITY (number of years) NUMBER OF STANDARD ST. LUCIE 60~o SLC 80'ro SLC EMPLOYEES EXEMPTION COUNTY RESIDENTS RESIDENTS CONTRACTOR 10 - 24 5 6 6 7 25 - 49 6 7 7 8 50 - 99 7 8 8 9 100 - 199 8 9 9 10 200 + (DISCRETION OF COM MISSION) Less than five (5) years is left to the discretion of the Board. EXHIBIT "A" ...... iii Z 6 o II) ~ E~'t ~ßt. x:I:~ w ~ S X f- s:: ~Õ~ ~w!:1 ~II)H w~œ &~tt; ~ @ '-" 'wi 0 a-.e a-.e a-.e a-.e a-.e a-.e a-.e a-.e a-.e a-.e ..... 8 0 0 R 0 0 0 0 0 0 0\ <XI -D 10 ~ (\" N ..... ..... a-.e a-.e a-.e a-.e a-.e a-.e a-.e a-.e a-.e a-.e 0\ 8 0 0 R 0 0 0 0 0 0 0\ <XI -D 10 ~ (\" N ..... a-.e a-.e a-.e a-.e a-.e a-.e a-.e a-.e a-.e <XI 8 0 0 R 0 0 0 0 0 0\ <XI -D 10 ~ N ..... a-.e a-.e a-.e a-.e a-.e a-.e a-.e a-.e " 8 0 0 R 0 ~ 0 0 0\ <XI -D N ..... a-.e a-.e a-.e a-.e a-.e a-.e a-.e -D 8 0 0 0 ~ 0 0 0\ <XI -D N ..... a-.e a-.e a-.e a-.e a-.e a-.e 10 8 0 0 0 0 0 <XI -D ~ N ..... a-.e a-.e a-.e a-.e a-.e ~ 8 10 0 10 0 " 10 N ..... a-.e a-.e a-.e a-.e (\" 8 " (\" 0 -D (\" ..... a-.e a-.e a-.e N 8 0 0 10 ..... a-.e a-.e ..... 8 0 ..... I 0 ..... Q.. ..... N (\" ~ 10 -D " <XI 0\ ..... ..... CL. ~ Z t. t. t. t. t. t. t. t. t. t. t. ~ W 0 C C C C C C C C C C C w u.x :! " " " " " " " " " " " >- Ow >- >- >- >- >- >- >- >- >- >- >- " III " " C III t. o VI III 0'1 o VI VI o c.. " III s:: t. III " s:: :::> " " III 0I- l\) III " III t. o VI III 0'1 o VI VI o c.. '-' 'wtI TO: Dan MCfutyre, COunty A. ttorn ey Patrida Tob;", Econo"'io DevoioP"'en, Managerm December 3,2001 FROM: DATE: L EXe~tiOlJ As GralJted Exel1.!QtiolJ w!Local COlJtractor BOlJus l'ercelJt Year AmoUlJt 100 PercelJt Year AmoUot I $40,376.68 100 1 $40,376.68 90 2 $36,339.01 80 90 2 $36,339.01 3 $32,301.34 80 3 $32,301.34 60 4 $24,226.01 70 4 $28,263.68 40 5 $16,150.67 20 60 5 $24,226j)/ 6 $8,075.34 40 6 $16 ' Total Over 6 Years 20 7 $157,469.05 Total Over 7 Years ~ DifferelJce Exe~iOlJ As GralJted Exell!PtiOlJ w/Local COlJtractor BolJus l'erceIJt Year AmOUOt 100 l'ercelJt Year A.1noUIJt I $4,269.28 80 100 I $4,269.28 2 $3,415.42 90 2 60 3 $2,561.57 $3,842.35 40 80 3 $3,415.42 4 $1,707.71 20 60 4 $2,561.57 5 $853.86 40 5 $1,707.71 Total Over 5 Years 20 6 $853.86 $12,807,84 Total Over 6 Years $1~650.19 Di{ferelJce $3,842.35 SUBJECT, Anlidpa'ed Effoots of the ÞroP"ed An""'<Imen " to the Eoononûo Developn"'nt Ad V aio_ Tax Exemphon (Prop"ed Reso/ulion No. 01-248) 1 have Worked O.U, the e{feo', of the ProPO'ed "n""<Im"", to the ad vaiore", tax e'em lion tha, wO~ld Pro"'de add'honai "'o""tives for oo"'Panies that hire 100al oontraclo",. 1 :'vo ':::;,i<'am oo"'pan,es that have been 8Du>ted "empli"", and as_ed th. two ~eref~re 7~~/d be¡,nlitled to an addilional)'ear of "emplion ~o;;:'~=:i~;;:;;;':'::;''':~~~d "b~:~::: ;::::,:' a '" as"",,,, the as",,"<1 vaiue -ains OODslant throughoul the "";'Plion'; TWilJ "ee Matt StOlJe '~ \ \ '-' ""'" Memo to D. Mclntyre Page 2 December 3,2001 It is my belief that this new provision will provide an additional incentive to hire local contractors and benefits both new and expanding companies. Any questions, please contact me at ext. 1564. cc: Commissioner Coward Doug Anderson, County Administrator Dennis Murphy, Interim Community Development Director ~/ ~GENDA REQUEST ITE~O. 7c DATE: December 18, 2001 REGULAR [XX] PUBLIC HEARING [] CONsENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 01-316 - North Hutchinson Island Water and Sewer System Revenue Bonds - Authorizing the Issuance of Bonds BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-316 as drafted. COMMISSION ACTION: D uglas Anderson ounty Administrator ~] APPROVED [ ] DENIED [ ] OTHER: 4-0 County Attorney: w Review and Approvals Management & Budget , Purchasing: Originating Dept, Public Works Dir; County Eng,; Finance; (Check for Copy only, if applicable) Eft, 5/96 '-" ...., S SQUIRE ~DER5 LEGAL COUNSEL WORLDWIDE SQUIRE, SANDERS & DEMPSEY L.L.P. MEMORANDUM To: Chairman and Members ofthe Board of County Commissioners of St. Lucie County, Florida From: Robert Freeman Date: December 12,2001 Re: North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2001 The attached resolution authorizes the issuance of not exceeding $1,900,000 North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2001 (the "Bonds"), to finance the cost of (1) paying a portion of the cost of the acquisition and construction of additions, improvements and extensions to the County's North Hutchinson Island water and sewer system (the "System"), (2) paying Futures, and (3) paying expenses related to the issuance and sale ofthe Bonds, and all purposes incidental thereto. The resolution also provides for the fixing of additional details of the Bonds, provides for the sale of the Bonds at negotiated sale, and delegates to the County Administrator the authority to sign a bond purchase agreement with Hanifen, Imhoff Inc., as underwriter, provided that the terms and conditions set forth in the resolution have been satisfied. The resolution also approves the purchase from Ambac Assurance Corporation of a policy insuring the payment of the principal and interest on the Bonds; establishes the book-entry system provisions for the Bonds; appoints the registrar and paying agent for the Bonds; provides for the application of the proceeds of the Bonds; and authorizes the taking of all other necessary action in order to deliver the Bonds to the underwriter. 8340V1I28902-00083iM·BOARD AUTH '-" ..., RESOLUTION NO. 01- 3/& A RESOLUTION SUPPLEMENTING RESOLUTION NO. 92-167, OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTED ON JUNE 11, 1992, AS SUPPLEMENTED; AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, IMPROVEMENTS AND EXTENSIONS TO THE COUNTY'S NORTH HUTCHINSON ISLAND WATER AND SEWER SYSTEM AND THE SATISFACTION OF CERTAIN OBLIGATIONS INCURRED IN CONNECTION WITH THE ACQUISTION OF THE SYSTEM; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,900,000 NORTH HUTCHINSON ISLAND WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 2001, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE PLEDGED REVENUES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE APPROPRIATE OFFICERS OF THE COUNTY TO PROCEED TO DEVELOP NECESSARY DOCUMENTS TO SELL THE BONDS AT NEGOTIATED SALE; AUTHORIZING THE COUNTY ADMINISTRATOR TO MAKE CERTAIN CERTIFICATIONS ON BEHALF OF THE COUNTY REGARDING THE PRELIMINARY OFFICIAL STATEMENT FOR THE BONDS AND TO DETERMINE THE DATE OF SALE OF, AND THE DETAILS OF, THE BONDS, AND TO EXECUTE A BOND PURCHASE AGREEMENT; PROVIDING FOR THE MAKING OF CONTINUING DISCLOSURE WITH RESPECT TO THE BONDS; AUTHORIZING THE OFFICERS AND OFFICIALS OF THE COUNTY TO EXECUTE AND DELNER THE BONDS AND SUCH AGREEMENTS AND CERTIFICATES AS ARE NECESSARY AND DESIRABLE IN CONNECTION WITH THE SALE, ISSUANCE AND DELNERY OF THE BONDS; AND PROVIDING AN EFFECTNE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I AUTHORITY, DEFINITIONS AND FINDINGS Section 1.01 Authority for this Resolution. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, County Ordinance No. 87-77, and other applicable provisions oflaw (the "Act"), and pursuant to Resolution No. 92-167, duly adopted by the Board of County Commissioners (the "Board") on June 11, 1992, as supplemented (the "Original Resolution"), and is supplemental to the Original Resolution. Section 1.02 Definitions. Unless the context otherwise requires, capitalized terms used in '- -...I this resolution shall have the meanings specified in this Section. Tenns not otherwise defined in this Section shall have the meanings specified in the Original Resolution. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include finns and corporations. "Act" means Chapter 125, Part I, Florida Statutes, County Ordinance No. 87-77, and other applicable provisions of law. "Award Certificate" means a certificate of the County Administrator executed in connection with the execution of the Purchase Contract and evidencing compliance with the conditions set forth on Exhibit B hereto. "Bond Insurer" has the meaning specified on Exhibit C hereto. "Bond Resolution" means, collectively, the Original Resolution and this Series 2001 Bond Resolution. "Bond Registrar and Paying Agent Agreement" means an agreement between the County and the Paying Agent providing for the authentication of, and payment of the principal of, premium, if any, and interest on, the Series 2001 Bonds, in such fonn as shall be approved by the Chainnan upon the recommendation of the County Administrator with the advice of the County Attorney. "Book-Entry Fonn" or "Book-Entry Consolidated System" means a fonn or system, as applicable, under which (i) Series 2001 Bonds are issued to a Depository or to its nominee, as Registered Owner, (ii) Series 2001 Bonds are held by and "immobilized" in the custody of such Depository, and (iii) records are maintained by the Depository and/or other persons to identifY and record the transfer of beneficial interests in the Series 2001 Bonds. "Cede" means Cede & Co., as nominee for DTC. "Commitment" has the meaning specified on Exhibit C hereto, "Consulting Engineers" with respect to the 2001 Project means LBFH, Inc., Palm City, Florida. "Credit Facility" means, with respect to the Series 2001 Bonds, the Policy. "Credit Facility Issuer" means, with respect to the Series 2001 Bonds, the Bond Insurer. "DTC" means The Depository Trust Company, New York, New York, a securities depository. "Depository" means any securities depository that is operating and maintaining, with its participants or otherwise, a Book-Entry Consolidated System to record ownership of beneficial 2 7972V2128902-00083IR.AUTH PARITY '-' """" interests in Series 2001 Bonds or debt service on Series 2001 Bonds and to effect transfers of Series 2001 Bonds in Book-Entry Fonn, including, but not limited to, DTC. "Futures" has the meaning specified in the Original Resolution. "Letter of Representations" means the blanket letter agreement between the County and DTC, dated March 2,1999, with respect to Bonds issued in book-entry only fonn. "Original Resolution" means Resolution No. 92-167, duly adopted by the Board on June 11, 1992, as amended and supplemented from time to time. "Outstanding Parity Bonds" means the County's North Hutchinson Island Water and Sewer System Revenue Refunding Bonds, Series 1997, dated February 1,1997, Outstanding from time to time under the provisions of the Original Resolution. "Paying Agent" and "Registrar" has the meaning set forth on Exhibit C hereto. "Policy" means the Financial Guaranty Insurance Policy issued by the Bond Insurer pursuant to the Commitment. "Purchase Contract" means a contract between the County and the Underwriters setting forth the conditions upon which the Series 2001 Bonds will be sold by the County and purchased by the Underwriters and the details of the Series 2001 Bonds, in fonn and substance acceptable to the Chainnan, upon the recommendation of the County Administrator, with the advice of the County Attorney and Bond Counsel. "Series 2001 Bond Resolution" means, collectively, this resolution and all resolutions amendatory hereof or supplemental hereto. "Series 2001 Bonds" mean the County's North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2001, originally issued pursuant to this resolution and the Bond Resolution. "2001 Project" means the acquisition and construction of additions, improvements and extensions to the System, including an air quality control system, a new operations building and renovations to the existing operations building, influent screening, and a reuse pumping facility, together with such additions thereto, modifications thereof, or deletions therefrom as may be approved by the Board from time to time, subject to the opinion of Bond Counsel that such additions, modifications, or deletions will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Series 2001 Bonds. "2001 Project Costs" means, but shall not necessarily be limited to: the cost of the acquisition and construction of the 2001 Project; the acquisition of any lands or interests therein or any other properties deemed necessary or convenient therefor; engineering, accounting, and legal fees and expenses; expenses for plans, specifications and surveys; expenses for estimates of costs 3 7972V2/28902-00083/R-AUTH PARITY 'w ...,¡ and of revenues; the fees of fiscal agents, financial advisors and consultants; administrative expenses; the capitalization of interest on the Series 2001 Bonds authorized hereby for a reasonable period of time after the date of issuance and delivery thereof; the establishment of reasonable reserves for the payment of debt service on the Series 2001 Bonds, including purchase of a Reserve Account Credit Facility; discount upon the sale of the Series 2001 Bonds; the expenses and costs of issuance of the Series 2001 Bonds; the cost of purchasing any Credit Facility with respect to the Series 2001 Bonds; such other expenses as may be necessary or incidental to the financing authorized by this Resolution, to the 2001 Project, and to the placing of the same in operation; and reimbursement to the County for any sums expended for the foregoing purposes. "Underwriters" mean Stifel Nicolaus & Co., Hanifen, Imhoff Division, as the initial purchasers of the Series 2001 Bonds. Section 1.03 Findings. It is hereby ascertained, determined and declared by the Board that: A. It is necessary and desirable and in the best interests of the health, safety, and welfare ofthe County and its inhabitants that the County undertake the 2001 Project. The County is without currently available moneys to pay the 2001 Project Costs, and it is necessary, desirable, and in the best interests of the health, safety, and welfare of the County and its inhabitants that the County borrow the moneys necessary to pay the 2001 Proj ect Costs in order that the 2001 Proj ect may be constructed as expeditiously as possible. B. The Utility and Feasibility Consultant has recommended to the County that it can achieve a positive financial benefit by paying off its remaining obligation to any Futures with a portion of the proceeds of the Series 2001 Bonds. C. The County currently receives the Pledged Revenues, and the Pledged Revenues are not pledged or encumbered to pay any debts or obligations ofthe County other than the Outstanding Parity Bonds. The County is authorized pursuant to the provisions of the Act and the Bond Resolution to pledge the Pledged Revenues to secure the payment of debt issued to finance the 2001 Project Costs. D. The Pledged Revenues are estimated to be sufficient to pay as the same become due and payable the Debt Service Requirement on the Outstanding Parity Bonds and the Series 2001 Bonds and to make all other payments required to be made by the provisions ofthe Bond Resolution. E. Section 5.01(H) of the Original Resolution provides for the issuance of Additional Parity Bonds under the terms, limitations and conditions provided therein. The County will comply with the terms, limitations and conditions contained in the Original Resolution to the extent required therein and will, therefore, be legally entitled to issue the Series 2001 Bonds as Additional Parity Bonds under the provisions of the Original Resolution. F, After the issuance of the Series 2001 Bonds, the Series 2001 Bonds and the Outstanding Parity Bonds will be on a parity and rank equally as to lien on and source and security 4 7972V2/28902·00083/R-AUTH PARITY '-' ,.." for payment rrom the Pledged Revenues, and all of the covenants and provisions of the Original Resolution will apply fully to the Series 2001 Bonds to the same extent as to the Outstanding Parity Bonds. G. The County has received the Commitment rrom the Bond Insurer for issuance ofthe Policy, and it is in the best interests of the County (1) to purchase the Policy in order to reduce the present value of the Debt Service Requirements with respect to the Series 2001 Bonds. H. Based upon the Commitment, the County expects to receive rrom one or more Rating Agencies, at or prior to the issuance of the Series 2001 Bonds, bond ratings in the highest classification. 1. In order to enable the Underwriters to comply with Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (the "Rule"), in connection with the offering and sale of the Series 2001 Bonds, it is necessary that a preliminary official statement be prepared in connection with the Series 2001 Bonds and that such preliminary official statement be "deemed final" (except for pennitted omissions) by the County Administrator. J. It is necessary, desirable, and in the best interest ofthe health, safety, and welfare of the County and its inhabitants that the Series 2001 Bonds be offered and sold at negotiated sale in order that the County may achieve optimum timing of the sale of the Series 2001 Bonds and maximum benefit rrom pre-marketing ofthe Series 2001 Bonds and thereby minimize the likelihood of paying a higher interest rate on the Series 2001 Bonds which could result rrom a sale of the Series 2001 Bonds through advertisement. K. It is in the best interests of the County to authorize the County Administrator to execute a Purchase Contract for the sale of the Series 2001 Bonds on behalf ofthe County, subject to certain conditions, in order to enable the timely sale and award of the Series 2001 Bonds. 1. It is necessary and desirable in connection with the issuance and delivery ofthe Series 2001 Bonds to the Underwriters (1) to authorize the execution and delivery to the Underwriters, upon payment therefor in accordance with the provisions of the Purchase Contract, of the Series 2001 Bonds in definitive fonn; (2) to authorize the execution and delivery on behalf of the County of the Bond Registrar and Paying Agent Agreement, in the usual and customary fonn; (3) to authorize the execution and delivery of a tax compliance certificate, a continuing disclosure undertaking, and such other closing agreements, documents, and certificates as are usual and customary in connection with the delivery of Bonds, all upon the recommendation of the County Administrator, with the advice of the County Attorney and Bond Counsel; and (4) to authorize the taking of such further action by the Chainnan, County Administrator, Clerk, and others employed by or acting on behalf of the County as is necessary to effect the issuance and delivery of the Series 2001 Bonds and the application ofthe proceeds thereofto the payment of the 2001 Project Costs and the completion of the 2001 Project. 5 7972V2/28902·00083/R·AUTH PARITY '-' ....., ARTICLE II AUTHORIZATION OF ISSUANCE OF SERIES 2001 BONDS; 2001 PROJECT; DESCRIPTION, DETAILS AND FORM OF SERIES 2001 BONDS Section 2.01 Authorization of2001 Project. The Board hereby specifically authorizes the 2001 Project. The Board hereby specifically ratifies and affirms all actions previously taken in furtherance of the undertaking of the 2001 Project. Section 2.02 Authorization of Series 2001 Bonds. Subject and pursuant to the provisions of this Series 2001 Bond Resolution and the Original Resolution, special, limited obligations of the County, designated "North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2001 ", shall be offered and sold in an aggregate principal amount not to exceed $1,900,000 (exclusive of original issue discount and/or premium), for the purpose offinancing the 2001 Project Costs and payment of Futures. Section 2.03 Description of Series 2001 Bonds. The Series 2001 Bonds shall be numbered; shall be dated; shall bear interest at the rates, not exceeding the maximum pennitted rate, payable on the dates; shall mature as to principal on the dates and in the amounts; shall be subject to redemption prior to maturity; and shall have such other characteristics, not inconsistent with the requirements of the Bond Resolution and of Exhibit B hereto, as shall be specified in the Purchase Contract. Section 2.04 Book-Entry System. The Series 2001 Bonds shall be issued in book-entry only form in the name of Cede. The County Administrator is authorized to execute on behalf of the County a Letter of Representations in the form furnished by the DTC, and make such other provision and perform such further acts as are necessary to provide for the issuance ofthe Series 2001 Bonds in book-entry only form. All payments for the principal of, and interest and redemption premiums, if any, on, the Series 2001 Bonds shall be paid by check, draft or wire transfer by the Paying Agent to Cede, without prior presentation or surrender of any Series 2001 Bonds (except for final payment thereot); and such payment to Cede shall constitute payment thereof pursuant to, and for all purposes, ofthis Resolution. To the extent permitted by the provisions ofthe Letter of Representations, the County shall issue Series 2001 Bonds directIyto beneficial owners of the Series 2001 Bonds other than DTC, or its nominee, in the event that: (a) 2001 Bonds; or DTC detennines not to continue to act as securities depository for the Series (b) the County has advised DTC of its determination that DTC is incapable of 6 7972V2!28902-00083!R-AUTH PARITY '-' """"" discharging its duties; or ( c) the County determines that it is in the best interest of the County not to continue the book-entry system or that the interests of the beneficial owners of the Series 2001 Bonds might be adversely affected if the book-entry system is continued. Upon occurrence of the events described in (a) or (b) above, the County shall attempt to locate another qualified securities depository, and shall notify beneficial owners of the Series 2001 Bonds through DIC if successful. If the County fails to locate another qualified securities depository to replace DIC, the County shall cause the Bond Registrar to authenticate and deliver replacement Series 2001 Bonds in certificated form to the beneficial owners of the Series 2001 Bonds. In the event the County makes the determination noted in I above (the County undertakes no obligation to make any investigation to determine the occurrence of any events that would permit the County to make any such determination), or if the County fails to locate another qualified securities depository to replace DIC upon occurrence of the events described in (a) or (b) above, the County shall mail a notice to DIC for distribution to the beneficial owners ofthe Series 2001 Bonds stating that DIC will no longer serve as securities depository, the procedures for obtaining such Series 2001 Bonds in certificated form, and the provisions which govern the Series 2001 Bonds including, but not limited to, provisions regarding authorized denominations, provisions for transfer and exchange, provisions for principal and interest payments, and provisions as to other related matters. Section 2.05 Form of Series 2001 Bonds. Ihe text of the Series 2001 Bonds shall be in substantially the form of Exhibit A hereto, with such omissions, insertions, and variations as may be necessary and desirable, and as may be authorized or permitted by the Bond Resolution and approved by Bond Counsel and the County Attorney. ARTICLE III APPLICATION OF SERIES 2001 BOND PROCEEDS; Section 3.01 Application of Series 2001 Bond Proceeds, The proceeds, including accrued interest and premium, if any, received from the sale of any or all of the Series 2001 Bonds shall be applied by the County in the following manner and order of priority, simultaneously with their delivery to the Underwriters', as follows: A. The accrued interest shall be deposited into the Sinking Fund, created and established by the Original Resolution, and shall be used only for the purpose of paying interest becoming due on the Series 2001 Bonds on the first Interest Payment Date following their issuance, B. Such additional moneys or Reserve Account Credit Facility Coverage as is necessary to make the amount on deposit in the Reserve Account equal to the Reserve Account Requirement 7 7972V2/28902-00083/R-AUTH PARITY '-" ....I shall be deposited into the Reserve Account. C. To the extent not paid or reimbursed therefor by the Underwriters, the County shall pay all costs and expenses in connection with the preparation, issuance and sale ofthe Series 2001 Bonds, including the premium for the Policy. D. The amount necessary to discharge the County's obligation to pay the remaining Futures shall be paid to North Hutchinson Services or its successors. E. The remaining proceeds ofthe Series 2001 Bonds shall be deposited into the "2001 Proj ect Account", hereby created and established in the Project Fund created pursuant to the Original Resolution. Section 3.02 Use of Moneys on Deposit in Project Fund. Moneys deposited into the 2001 Project Account in the Project Fund shall be withdrawn, used and applied by the County solely for the payment of200 1 Proj ect Costs and purposes incidental thereto; provided, that moneys on deposit in the 2001 Project Account shall be used first to supplement the other Pledged Revenues to the extent necessary to pay the Debt Service Requirement on Bonds. All expenditures or disbursements from the 2001 Proj ect Account to pay 200 1 Project Costs shall be made only after such expenditures or disbursements shall have been approved by the County. All funds on deposit in the 2001 Project Account, which in the opinion of the County, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized Investments, maturing at such time or times as such moneys will be needed for the purposes of such 2001 Project Account. All Investment Earnings thereon shall be retained in the 2001 Project Account and used to pay 2001 Project Costs, unless otherwise required by the tenns of the tax compliance certificate delivered in connection with any the Series 2001 Bonds. Any moneys remaining in the 2001 Project Account after the completion of the 2001 Project may be used and applied, subject to the opinion of Bond Counsel that such use will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds, (a) to pay the cost of additions, extensions and improvements to the System or (b) for such other purpose related to the System as shall be provided in a resolution of the Board. ARTICLE IV APPLICATION OF PROVISIONS OF ORIGINAL RESOLUTION Section 4.01 Application of Provisions of the Original Resolution. The Series 2001 Bonds shall for all purposes be considered to be Additional Parity Bonds issued under the authority ofthe Original Resolution and shall be entitled to all the protection and security provided therein for the Outstanding Parity Bonds. The covenants and pledges contained in the Original Resolution shalJ be applicable to the Series 2001 Bonds herein authorized in like manner as applicable to the 8 7972V2/289D2-00083/R-AUTH PARITY '-" """ Outstanding Parity Bonds. Section 4.02 Remedies. Any Registered Owner of, or any Credit Facility Issuer for, Series 2001 Bonds shall have available the remedies specified in the Original Resolution. ARTICLE V MISCELLANEOUS PROVISIONS Section 5.01 Delegation of Authority to Determine Date of Sale and Details of Series 2001 Bonds and to Execute Purchase Contract; Conditions to Exercise of Authority; Award Certificate. The County Administrator is hereby, subject to the conditions set forth on Exhibit B hereto, authorized and empowered to detennine the date of sale, amount, maturity dates, interest rates, dated date, redemption provisions and other details of the Series 2001 Bonds, and to execute the Purchase Contract on behalf of the County and to deliver an executed copy thereof to the Underwriters. This delegation of authority is expressly made subject to the conditions set forth on Exhibit B, the failure of any of which shall render the Purchase Contract voidable at the option of the County. In conjunction with the execution of the Purchase Contract, the County Administrator shall execute and file with the Clerk an Award Certificate demonstrating compliance with the conditions set forth on Exhibit B. Section 5.02. Approval of Preliminary Official Statement; Delegation of Authority to Deem Preliminary Official Statement Final. The Board hereby approves the fonn of Preliminary Official Statement presented to the Board in connection with the consideration of this resolution. The County Administrator, upon the advice ofthe County's Bond Counsel and County Attorney, is hereby authorized to certify or otherwise represent when such Preliminary Official Statement shall be "deemed final" by the County as of its date (except for pennitted omissions), in accordance with the Rule. Section 5.03 Continuing Disclosure Certificate. The County will execute and deliver a Continuing Disclosure Certificate satisfying the requirements ofSEC Rule l5c2-l2 at or prior to the time of sale of the Series 2001 Bonds. Section 5.04 Approval of Official Statement; Further Action to Deliver Series 2001 Bonds Authorized. The execution and delivery to the Undenvriters, upon payment therefor in accordance with the provisions ofthe Purchase Contract, ofthe Series 2001 Bonds in definitive fonn is hereby approved. The execution and delivery on behalf ofthe County of (1) a Bond Registrar and Paying Agent Agreement, (2) a tax compliance certificate, (3) a continuing disclosure undertaking, and (4) such other closing agreements, documents, and certificates as are usual and customary in connection with the delivery of Series 2001 Bonds, all upon the recommendation of the County Administrator, with the advice ofthe County Attorney and Bond Counsel, are hereby approved. The taking of such further action by the Chainnan, County Administrator, Clerk, County Attorney, Finance Director, and others employed by or acting on behalf of the County, as is necessary to effect 9 7972V2/28902-00083!R-AUTH PARITY '-' "-' the sale, issuance and delivery of the Series 2001 Bonds and the application ofthe proceeds thereof to the payment of Futures and of2001 Project Costs and the consummation of the 2001 Project is hereby authorized and approved. Section 5.05 Credit Facility Provisions. A. Commitment. The acceptance of the Commitment by the County Administrator is hereby ratified and confinned. The provisions ofthe Commitment shall be deemed to be incorporated herein and the County agrees that it win comply with the requirements of the Commitment with respect to the Series 2001 Bonds. B. Policv and Pavrnent. There shall be printed on the back of each Series 2001 Bond a statement to the effect that payment of the principal of and interest thereon is insured by the Bond Insurer under the Policy, and the proper officers of the County are hereby authorized and directed to payor cause to be paid to the Bond Insurer the premium stated in the Commitments upon the delivery ofthe Policy [and the Surety Bond]. Section 5.06 Severability of Invalid Provisions. If anyone or more of the covenants, agreements or provisions of this Resolution should be held to be contrary to any express provision oflaw or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of the Bond Resolution, this Series 2001 Bond Resolution, or the Series 2001 Bonds. Section 5.07 Repealing Clause. All resolutions of the County in conflict with the provisions of this Series 2001 Bond Resolution are, but only to the extent of such conflict, hereby superseded and repealed. Section 5.08 Effective Date. This Resolution shall become effective immediately upon its adoption. 10 7972V2I289D2-00D83/R-AUTH PARITY '-" 'wi Passed and Adopted by the Board of County Commissioners of St. Lucie County, Florida, at a regular meeting duly called and held this 18th day of December 2001. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chainnan ATTEST: By: Clerk of the Circuit Court, ex officio Clerk to the Board of County Commissioners APPROVED AS TO FORM: County Attorney 11 7972V2!28902-00083/R-AUTH P ARJTY 'w ....., EXHIBIT A FORM OF SERIES 2001 BOND No. R-_ $ -------- UNITED STATES OF AMERICA STATE OF FLORIDA ST. LUCIE COUNTY NORTH HUTCHINSON ISLAND WATER AND SEWER SYSTEM REVENUE BOND, SERIES 2001 RATE OF INTEREST MATURITY DATE DATE OF ISSUE CUSIP % October 1, 1, 2001 REGISTERED OWNER: Cede & Co. PRINCIP AL AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely rrom the special funds hereinafter mentioned, on the Maturity Date specified above, the Principal Amount shown above, upon presentation and surrender hereof at the corporate trust office of , Florida, as Registrar and Paying Agent, and to pay solely rrom such funds, interest thereon rrom the date ofthis Bond or rrom the most recent Interest Payment Date to which interest has been paid, whichever is applicable, until payment of such Principal Amount, at the Rate of Interest per annum set forth above, such interest to the maturity or prior redemption hereofbeing payable on April 1 ,2002, and thereafter on October 1 and April 1 each year by check or draft mailed on or before the Interest Payment Date, to the Registered Owner at his address as it appears, at 5:00 P.M. Eastern Time on the fifteenth day of the month preceding the applicable Interest Payment Date, on the Register ofthe County kept by the Registrar; provided, that for any Registered Owner of One Million Dollars ($1,000,000) or more in principal amount of Series 2001 Bonds, such payment shall, at the written request of such Registered Owner, be by wire transfer or other medium acceptable to the County and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America, A-I 7972Y2I289D2-DOD83iR-AUTH PARITY '-' ....., This Bond is one of an authorized issue of Series 2001 Bonds, originally issued in the aggregate principal amount of$ , oflike date, tenor and effect, except as to number, interest rate, and date of maturity, issued for the purpose of financing the cost of (i) the acquisition and construction of additions, extensions and improvements (the "2001 Project") to the County's North Hutchinson water and sewer system (the "System") (ii) payment of Futures, (iii) funding the Reserve Account, and (iv) paying certain expenses related to the issuance and sale ofthe Series 2001 Bonds, and all purposes incidental thereto, under the authority of and in full compliance with the Constitution and Statutes ofthe State of Florida, including particularly Chapter 125, Part I, Florida Statutes, County Ordinance No. 87-77, and other applicable provisions of law (the "Act"), and Resolution No. 92-167, duly adopted by the Board of County Commissioners (the "Board") on June 11,1992, as supplemented, as supplemented by Resolution No. 01-_, adopted on , 2001 (collectively, the "Bond Resolution"), and is subject to all the terms and conditions of the Bond Resolution. Capitalized terms used herein shall have the meaning specified in the Bond Resolution. The Series 2001 Bonds are limited, special obligations of the County, payable from and secured solely by a lien upon and pledge ofthe Net Revenues to be derived from the operation ofthe System and certain Capital Facilities Charges, all in the manner provided in and subject to the terms and conditions ofthe Bond Resolution (herein referred to collectively, as the "Pledged Revenues"). The Series 2001 Bonds are secured on a parity as to the Pledged Revenues with the County's North Hutchinson Island Water and Sewer System Revenue Refunding Bonds, Series 1997, dated February 1, 1997 (the "Outstanding Parity Bonds"). The Series 2001 Bonds do not constitute a general obligation or indebtedness of the County, and it is expressly agreed by the Registered Owner of this Bond that such Registered Owner shall never have the right to require or compel the exercise of the ad valorem taxing power of the County, or the taxation of any property of or in the County, for the payment of the principal of and interest on this Bond or for the making of any sinking fund, reserve or other payments provided for in the Bond Resolution. It is further agreed between the County and the Registered Owner of this Bond, that this Bond and the obligation evidenced hereby shall not constitute a lien upon the 2001 Project or any part thereof, or on any other property of or in the County, but shall constitute a lien only on the Pledged Revenues, in the manner provided in the Bond Resolution. The County has entered into certain covenants with the Registered Owners of the Series 2001 Bonds for the terms of which reference is made to the Bond Resolution, In particular, the County has reserved the right to issue additional obligations payable from and secured by a lien upon and pledge of the Pledged Revenues on a parity with the Series 2001 Bonds and the Outstanding Parity Bonds, upon compliance with certain conditions set forth in the Bond Resolution. The County has also reserved the right to defease the lien of the Series 2001 Bonds upon the Pledged Revenues upon making provision for payment of the Series 2001 Bonds as provided in the Bond Resolution. [INSERT REDEMPTION PROVISIONS] Notice of such redemption shall be given in the manner provided in the Bond Resolution, A-2 7972V2/28902-00083/R-AUTH PARITY '--' ....", This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code-Investment Securities Laws of the State of Florida, and the Registered Owner and each successive Registered Owner of this Bond, shall be conclusively deemed by his acceptance hereof to have agreed that this Bond shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of this Bond, and ofthe issue of Series 2001 Bonds of which this Bond is one, does not violate any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar. A-3 7972V2I28902-0008J/R-AUTH PARlTY '-' ...., IN WITNESS WHEREOF, the St. Lucie County, Florida has issued this Bond and has caused the same to be executed by the Chainnan or Vice-Chainnan of the County, either manually or with his facsimile signature, and the corporate seal of said County, or a facsimile thereof to be affixed hereto or imprinted or reproduced hereon, and the foregoing attested by the manual or facsimile signature of the Clerk of the Circuit Court, ex officio Clerk of the Board, all as ofthe Date ofIssue above, ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chainnan ATTEST: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners A-4 7972V2/28902-00083/R-AUTH PARITY '-" 'wi BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within-mentioned Bond Resolution. Bond Registrar By Authorized Signatory Date of Authentication: A-5 7972V2!28902-00083/R-AUTH P ARlTY "" ..." The following abbreviations, when used in the inscription on the face of the within bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIF MIN ACT - TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right (Cust.) Custodian for of survivorship and not of tenants in common (Minor) Additional abbreviations may also be used although not listed above. A-6 7972V2I28902-000831R-AUTH PARITY '-' ....", ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers to (Please insert Social Security or other Identifying Number of Assignee) the within Bond and does hereby irrevocably constitute and appoint the Bond Trustee as his agent to transfer the Bond on the books kept for registration thereof, with full power of substitution in the premlses. Dated: NonCE: The signature to this Signature guaranteed: assignment must correspond with the name of the Registered Owner as it appears upon the face of the within note in every particular, without alteration or enlargement or change whatever. NonCE: Signature must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. (Authorized Officer) A-7 7972V2/28902.()0083IR·AUTH PARITY ~ ,.." EXHIBIT B CONDITIONS TO EXERCISE AUTHORITY TO EXECUTE PURCHASE CONTRACT A. The Purchase Contract shall' be executed on behalf of the County by the County Administrator on or before January 30,2002, and shall be in such fonn and with such provisions as shall be reasonable and customary for purchase contracts, with the advice of the County Attorney and Bond Counsel. B. The aggregate principal amount of the Series 2001 Bonds to be sold shall (exclusive of any original issue discount on the sale of the Series 200 1 Bonds) not exceed $1,900,000. C. The purchase price for the Series 2001 Bonds shall be equal to not less than ninety- nine percent (99%) of the aggregate principal amount of the Series 2001 Bonds (without regard to original issue discount, if any), plus accrued interest from their dated date to their date of delivery. D. The true interest cost rate on the Series 2001 Bonds shall not exceed six percent (6.00%) per annum. E. The Series 2001 Bonds shall be subject to redemption at the option ofthe County no later than October 1, 2012, and at a redemption price not greater than 102% of the principal amount redeemed. F. The Series 2001 Bonds shall mature not later than October 1, 2032. G. The underwriters shall have delivered to the County a good faith check in an amount not less than one percent (1 %) of the par amount of the Series 2001 Bonds, calculated without reference to original issue discount. B-1 7972V2f28902-0008J/R·AUTH PARITY "" "Bond Insurer" means [to come] "Commitment" means [to come] ...., EXHIBIT C DEFINITIONS "Paying Agent" or "Bond Registrar" means agent and registrar for the Series 2001 Bonds. 7972V2/289D2-DDD83/R-AVTH PARITY c-l , as paying ~\ ~/' ~GENDA REQUEST ITEM"ftO. 7d DATE: December 18, 2001 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 01-317 - North Hutchinson Island Water and Sewer System Revenue Bonds - Amending Covenants of Bond Resolution BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-317 as drafted. COMMISSION ACTION: D glas Anderson ounty Administrator [x] APPROVED [ ] DENIED [ ] OTHER: 4-0 County Attorney: JJ Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng.: Finance: (Check for Capy only, if applicable) Eft, 5/96 SSQVlRE ~DERS LEGAL COUNSEL WORLDWIDE SQUIRE, DERS & DEMPSEY L.L.P. MEMORANDUM To: Board of County Commissioners of St. Lucie County, Florida From: Robert O. Freeman Date: December 12, 2001 Re: North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2001 In connection with the application for bond insurance from AMBAC Indemnity Company for the County's proposed North Hutchinson Island utility system improvements and Futures payoff, AMBAC has requested that certain amendments be made to the bond resolution pursuant to which the existing and future revenue bonds will be outstanding. The attached resolution would amend the covenants in the North Hutchinson Island Utilities System bond resolution relating to (1) the setting of rates, and (2) the issuance of additional debt. The amendment would provide that, in no event, will the County adopt a rate structure that would not raise sufficient operating revenues to pay the costs of operating and maintaining the system, paying current annual debt service on the system, and making required deposits under the bond resolution. The County's utility and rate feasibility consultants, Howard Osterman and Tony Elia, have reviewed ,the proposed amendments and advised that they do nothing more than reflect the operational philosophy underlying the current rates for the system. 8341vl/28902-00083/M-BOARD AMEND '-' >wi RESOLUTION NO. Ol-31'''} A RESOLUTION AMENDING RESOLUTION NO. 92-167 ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ON JUNE 11, 1992, AND ENTITLED: "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ACQUISITION AND ESTABLISHMENT OF A SEPARATE WATER AND SEWER SYSTEM ON NORTH HUTCHINSON ISLAND AND THE CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS THERETO; PROVIDING FOR THE ISSUANCE OF NORTH HUTCHINSON ISLAND SYSTEM WATER AND SEWER REVENUE BONDS FROM TIME TO TIME TO FINANCE THE FUNDING AND REFUNDING OF CAPITAL PROJECTS WITH RESPECT TO SUCH SYSTEM; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $5,205,000 SERIES 1992 BONDS TO FINANCE THE COST OF ACQUISITION OF THE SYSTEM AND OF THE 1992 PROJECT; PROVIDING FOR THE PAYMENT THEREFOR; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; FIXING THE INITIAL SCHEDULE OF RATES, FEES AND CHARGES FOR THE SYSTEM; AND PROVIDING AN EFFECTNE DATE." BY MODIFYING THE RATE COVENANT AND COVENANT FOR THE ISSUANCE OF ADDITIONAL BONDS, AS MORE PAR TICULARL Y DESCRIBED HEREIN; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the Board of County Commissioners (the "Board") of S1. Lucie County (the "County") has previously adopted Resolution No. 92-167 (the "Original Resolution") referred to by title in the title above; and WHEREAS, it is necessary and desirable and in the best interest ofthe citizens of the County and ratepayers ofthe North Hutchinson Water and Sewer System (the "System") to amend certain provisions of the Original Resolution to provide for the requests of Ambac Assurance Corporation with respect to the insuring of the proposed Series 2002 Bonds of the System; and WHEREAS, Section 6.06 of the Original Resolution provides for the modification or amendment of the Original Resolution without the approval of the Owners of the Bonds or Credit Facility Issuer (as defined in the Original Resolution) in certain respects; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows: Section 1. Amendments To Original Resolution. The Original Resolution be and the same hereby is amended in the following respects: '-' ...." A. Subsections (A) and (H), respectively, of Section 5,01 ofthe Original Resolution is amended to read as follows: "SECTION 5.01, COVENANTS OF THE COUNTY. So long as any of the Bonds shall be Outstanding, or until (a) there shall have been set apart in the Sinking Fund and the accounts therein, a sum sufficient to pay, when due, the entire principal amount of the Bonds remaining unpaid, together with the premium, if any, with respect thereto and the interest accrued and to accrue thereon, and all amounts due and owing to the Credit Facility Issuer, or (b) until all Bonds have been defeased in accordance with Section 6.04 hereof, the County covenants with the Registered Owners of any and all of the Bonds issued pursuant to this Resolution and with all Credit Facility Issuers as follows: (A) RATE COVENANT. The County will fix, establish and maintain such rates and collect such fees, rentals, or other charges for the services and Facilities of the System, and will revise the same from time to time whenever necessary, so as to provide Net Revenues in each Fiscal Year commencing with the Fiscal Year beginning October 1, 1991, equal to: (i) Net Revenues (exclusive of Guaranteed Revenue Fees) equal to (a) one hundred ten percent (110%) ofthe Debt Service Requirement on the Bonds for such Fiscal Year, plus (b) one hundred percent (100%) ofthe required deposits into (1) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, (2) the Renewal and Replacement Fund in such Fiscal Year, and (3) the Subordinate Debt Service Fund in such Fiscal Year, or (ii) (A) Net Revenues (induding Guaranteed Revenue Fees), together with Capital Facilities Charges available in such Fiscal Year, equal to (a) one hundred twenty percent (120%) of the Debt Service Requirement on the Bonds for such Fiscal Year, plus (b) one hundred percent (1 00%) ofthe required deposits into (1) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, (2) the Renewal and Replacement Fund in such Fiscal Year, and (3) the Subordinate Debt Service Fund in such Fiscal Year; and, xcIusive of Guaranteed Revenue Fees) equal to (a) one hundred percent (100%) of the Debt Service Requirement on the Bonds for such Fiscal Year, plus (b) one hundred percent (100%) ofthe required deposits into (1) the Reserve Account (less any portion thereof to be deposited rrom proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, (2) the Renewal and Replacement Fund in such Fiscal Year, and (3) the Subordinate Debt Service Fund in such Fiscal Year. The County further covenants that, from time to time and as often as shall be necessary, it will revise rates, fees and charges of the System or the Operating Expenses and methods of operations of the System as may be necessary or proper so that Net Revenues in each Fiscal Year will, subject to applicable requirements and restrictions imposed by law, not be less than the amount required for such Fiscal Year under this Section 6.01 (A). The County further covenants and agrees that it will annually, within thirty (30) 2 R339V 1/28902-00083/R-AMEND '-" 'wi days after adoption of the annual budget, revise its rates, fees and charges to the extent necessary to cause the estimated Net Revenues during the Fiscal Year to which such budget pertains to be not less than the amount required by this Section 6.0l(A), In furtherance of this rate covenant, the County does hereby fix the initial schedule of rates, fees and charges for the use of and for the services furnished or to be furnished by the facilities of the System, as such rates, fees and charges are more fully set out in Resolution No. 92-143 of the County. * * * (H) ISSUANCE OF ADDITIONAL PARITY BONDS. No Additional Parity Bonds shall be issued after the issuance of any Bonds pursuant to this Resolution, except upon the following terms and conditions: Additional Parity Bonds payable from the Pledged Revenues may be issued by the County for the purpose of financing the construction and acquisition of additions, extensions and improvements to the System, including Project Costs only if the requirement of either (1) or (2) below have been met, as evidenced by the certificate of an Independent Consultant or Independent Certified Public Accountant, as appropriate: (1) The Adjusted Net Revenues (excluding Guaranteed Revenue Fees) for the Computation Period, hereinafter defined, shall have at least equalled the sum of: (i) one hundred ten percent (1 10%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as ofthe date of such issuance, plus (ii) one hundred percent (100%) of the Maximum Debt Service Requirement on all Subordinate Debt to be Outstanding as of the date of such issuance, plus (iii) amounts, if any, required to be deposited in the Reserve Account during such Fiscal Years (less any portion thereof which is to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Years, plus (iv) amounts required to be deposited in the Renewal and Replacement Fund during such period, OR (2) (a) The Adjusted Net Revenues (including Guaranteed Revenue Fees) together with the Capital Facilities Charges for the Computation Period shall have equalled at least the sum of: (i) one hundred twenty percent (120%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as of the date of such issuance, plus 3 83J9V 1128902-00083IR-AMEND '-" 'wi (ii) one hundred percent (100%) of the Maximum Debt Service Requirement on all Subordinate Debt to be Outstanding as of the date of such issuance, plus (iii) amounts, if any, required to be deposited in the Reserve Account during such Fiscal Years (less any portion thereof which is to be deposited from proceeds of Bonds) together with any amount of Reserve Account Credit Facility Costs payable in such Fiscal Years; plus (iv) amounts required to be deposited in the Renewal and Replacement Fund during such period; AND (b) The Adjusted Net Revenues (excluding Guaranteed Revenue Fees) for the Computation Period, hereinafter defined, shall have at least equaled the sum of: (i) one hundred percent (100%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as ofthe date of such issuance, plus (ii) one hundred percent (100%) of the Maximum Debt Service Requirement on all Subordinate Debt to be Outstanding as of the date of such issuance, plus (iii) amounts, if any, required to be deposited in the Reserve Account during such Fiscal Years (less any portion thereof which is to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Years, plus (iv) amounts required to be deposited in the Renewal and Replacement Fund during such period. Additional Parity Bonds may be issued without any financial tests for completion of any Project, provided that such completion Bonds may be issued only in a principal amount not greater than fifteen percent (15%) ofthe principal amount ofBonds initially issued to fund the applicable Project, or may be issued without regard to the fifteen percent (15%) limitation upon the approval of the Credit Facility Issuer and delivery to the County of a certificate of an Independent Consultant stating that the proceeds of such completion Bonds will be sufficient to complete the acquisition, construction and installation of such Project substantially in accordance with the plans and specifications therefor in effect at the time of issuance of the Bonds originally issued for such Project. Additional Parity Bonds payable from the Pledged Revenues may be issued by the County for Refunding purposes without regard to the foregoing tests, provided that the Maximum Debt Service Requirement is not increased. Additional Parity Bonds may be issued in the form of Variable Rate Bonds only upon the prior written consent of the Credit Facility Issuer. For purposes ofthis Section 6.01(H): 4 8339V l/28902-0008JIR-AMEND '-" ...",J (1) the tenn "Adjusted Net Revenues" shall mean the Net Revenues certified by the Independent Certified Public Accountant, giving effect to the following adjustments, (provided each such adjustment shall be certified by an Independent Consultant or Independent Certified Public Accountant in a certificate or report which shall set forth the assumptions upon which it is based and shall state that such assumptions, in the opinion ofthe Independent Consultant or Independent Certified Public Accountant, as the case may be, fonn a reasonable basis for the conclusions expressed therein). (a) If the County, prior to the issuance of the proposed Series of Bonds, as applicable (the "Applicable Bonds"), shall have put into effect an increase in the rates, fees, rentals or other charges for the services ofthe System, then Net Revenues shall be adjusted to include the additional Net Revenues which would have been received during the Computation Period if such increased rates, fees, rentals or other charges had been in effect during all of such period, (b) If the number of connections as of the first day of the month preceding the month in which the proposed Applicable Bonds are to be issued exceeds the average number of such connections during the most recent full Fiscal Year, then the Net Revenues shall be adjusted to include the Net Revenues which would have been received during the Computation Period if those additional connections had also been connected to the System during all of such period. (c) If the County shall acquire by the issuance of the Applicable Bonds any privately or publicly owned existing water system, sewer system or water and sewer system then the Net Revenues during the Computation Period shall be increased by adding to the Net Revenues during the Computation Period the additional Net Revenues (to the extent such amounts were not reflected in such Net Revenues) which, on the basis of operating data pertaining to the acquired system during the Computation Periods, would have been derived from such existing water system, sewer system, or other utility system as if such existing water system, sewer system or other utility system had been operated by the County as a part ofthe System during the Computation Period. (d) If the County shall have entered into a contract, which contract shall be for a duration of not less than the final maturity of the proposed Applicable Bonds, with any public body whereby the County shall have agreed to furnish services for the collection, treatment or disposal of sewage or agreed to furnish services in connection with any water system or other utility system, then the Net Revenues during the Computation Period shall be increased (to the extent such amounts were not reflected in such Net Revenues) by the minimum amount which such public body shall guarantee, under a legally enforceable agreement with the County, to pay in any Fiscal Year for the furnishing of such services by the County, after deducting from such payment the estimated additional Operating Expenses attributable in such Fiscal Year to such services. (e) The Net Revenues shall be increased (to the extent the following amounts are not otherwise reflected in Net Revenues) by the amount of additional Net Revenues which would have been received during the Computation Period from any existing occupied structures 5 8339V ¡i28902-00083IR·AMEND '-" ~ which are to be connected to the System within the following eighteen (18) months of the issuance of the Applicable Bonds. (f) Net Revenues shall reflect any adjustments necessary for any period during the Computation Period in the opinion of an Independent Consultant or Independent Certified Public Accountant to reflect government ownership ofthe System or any Facilities constituting a part thereof. (2) "Computation Period" means (a) any twelve (12) consecutive of the eighteen (18) complete calendar months or (b) the most recent complete Fiscal Year, in either case immediately preceding the date of issuance of Additional Parity Bonds. No Additional Parity Bonds for the purpose of constructing additions, extensions or improvements to the System including Project Costs, shall be issued at any time, however, unless all ofthe payments into the respective funds and accounts provided for in this Resolution, shall have been made in full to the date of issuance of such Additional Parity Bonds, and the County shall be in substantial compliance with the covenants, agreements and tenns of this Resolution. Each resolution authorizing the issuance of Additional Parity Bonds shall recite that all of the covenants herein contained will be applicable to such Additional Parity Bonds." * * * Section 2. Remaining Provisions Unaffected. The remaining provisions ofthe Original Resolution shall remain in full force and effect. Section 3. Severability. If any one or more of the provisions of this amending resolution should be held to be contrary to any express provisions of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provisions shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions ofthe Original Resolution. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. 6 8339V 1/28902-00083/R.AMEND """ ,..", held. Passed and Adopted this 18th day of December 2001, at a regular meeting duly called and ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chainnan, Board of County Commissioners ATTEST: By: Clerk ofthe Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 7 8JJ9V 1I28902-00083JR-AMEND ~ \ '-"AGENDA REQUEST ITE~O. 7e DATE: December 18, 2001 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 01-318 - Solid Waste System Revenue Bonds - Amending Provisions of the "Flow of Funds" BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-318 as drafted. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: 4-0 County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only. if applicable) Eft. 5/96 SSQUlRE ~DERS LEGAL COUNSEL WORLDWIDE SQUIRE, DERS & DEMPSEY L.L.P. MEMORANDUM To: Board of County Commissioners of St. Lucie County, Florida From: Robert O. Freeman Date: December 12, 2001 Re: Resolution for Solid Waste Bonds The attached resolution would amend the provisions ofthe "flow offunds" in Resolution No. 92-167 (Solid Waste System Revenue Bonds) in order to allow the County to withdraw revenues from the Biomass contract, which, under the existing resolution, would be required to be retained in the Solid Waste enterprise fund, and use those moneys for any lawful purpose of the County. The bond insurer, FGIC, has consented to this proposed amendment, and all that is required is that the Board adopt the attached resolution and approve payment for FGIC of their fee. We will obtain the required consent from FGIC. 8342v1/28902-00 1 06/M-BOARD '-' ....,¡ RESOLUTION NO. 01-5)8 A RESOLUTION AMENDING RESOLUTION NO. 93-216 ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ON SEPTEMBER 21, 1993, AND ENTITLED: "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF SOLID WASTE SYSTEM REVENUE BONDS OF THE COUNTY; PROVIDING FOR THE PAYMENT OF SUCH BONDS; PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE ISSUANCE OF SOLID WASTE SYSTEM REFUNDING REVENUE BONDS, SERIES 1993; AND PROVIDING AN EFFECTIVE DATE." BY MODIFYING THE PROVISIONS FOR THE APPLICATION OF REVENUES, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board") of St. Lucie County (the "County") has previously adopted Resolution No. 93-216 (the "Original Resolution") referred to by title in the title above, and pursuant thereto issued the County's outstanding Solid Waste System Refunding Revenue Bonds, Series 1993 (the "Outstanding Bonds"); and WHEREAS, the County has entered into a contract for "The Supply and Purchasing of Landfill Gas" dated May 22, 2001 ( the "Landfill Gas Contract"), with Biomass Processing Technology, Inc.; WHEREAS, it is deemed necessary and in the best interest ofSt. Lucie County, Florida (the "County"), that revenues received pursuant to the Landfill Gas Contract (the "Contract Revenues")be available for general purposes of the; and WHEREAS, it is necessary, therefore, to amend certain provisions of the Original Resolution; and WHEREAS, Section 6.06 of the Original Resolution provides that the Original Resolution may be amended with the approval of the Credit Facility Issuer (as defined in the Original Resolution) with respect to the Outstanding Bonds, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows: Section 1. Amendments To Original Resolution. The Original Resolution be and the same hereby is amended in the following respects: '-' '..",¡ A. The definitions contained in Section 1.02 of the Original Resolution No. 93-216 are hereby amended by adding thereto a definition of "Biomass Contract" to read as follows: "SECTION 1.02. DEFINITIONS. Capitalized terms used in this Resolution shall have the following meanings, unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, words of one gender shall be deemed to include the other gender, and words importing persons shall include firms and corporations. In this Resolution: * * * "Biomass Contract Revenues" means the amounts paid to the County pursuant to that certain contract between the County and Biomass Processing Technology, Inc., entitled "The Supply and Purchasing of Landfill Gas" and dated as May 22,2001, as amended from time to time, together with any supplements thereto. * * * B. The provisions of Section 3.03 (C)(14) are amended to read as follows: SECTION 3.03 FUNDS AND ACCOUNTS; PLEDGED MONEYS. * * * (C) APPLICATION OF REVENlÆS. * * * (14) At such time as the foregoing payments and deposits shall have been made in full for the then current Bond Year, remaining moneys in the Revenue Fund may thereafter (a) be withdrawn in an amount not to exceed the Biomass Contract Revenues for the immediately preceding 12-month period and used for any lawful purpose of the County and (b) be used by the County only for purposes of the System, including deposits to the Redemption Account. * * * Section 2. Remaining Provisions Unaffected. The remaining provisions of the Original Resolution shall remain in full force and effect. Section 3. Severability. If anyone or more of the provisions of this amending resolution should be held to be contrary to any express provisions of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provisions shall be null and void and shall be deemed separate 2 77I6vl/28902-0000I!R-AMEND GROSS REV '-' AGENDA REQUEST ITE~O. 7F DATE: December 18. 2001 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Proposed purchase of 12.32 +/- acre parcel from Atlantic Gulf Communities along the North Fork of the St. Lucie River, BACKGROUND: The parcel shown on the attached tax map and aerial is within the North Fork of the St. Lucie River (NFSLR), the Conservation and Recreational Lands (CARL) and the Save Our Rivers (SOR) program boundaries. The contract purchase price of $19,000.00 is below the Property Appraiser's assessed value of $29,100,00 which according to Daniel Fuller, MAI, Fuller-Armfield-Wagner Appraisal & Research, Inc. is within the range of the Market Value of this property. According to the terms of the Contract the County will pay for the Title Policy, Ad Valorem taxes, assessments and any other charges for the years 1998 through and including 2001. In addition the County will pay a Real Estate Commission of lO'Yo of the sale price. With the additional costs, totaling approximately $5,000.00, the County's total cost to acquire this property would be about $24,000.00 plus closing costs. At this time there is no grant funding for this property. Copies of a memorandum concerning the status of the County's North Fork Acquisition efforts is attached, A copy of a memorandum also from Mr. Fousek is attached. Community Development staff is addressing the funding issue under separate cover. FUNDS AVAILABLE: Funding will be made available in the Environmentally Significant Lands (ESL) Bond Fund (382-3915-561000-310026). PREVIOUS ACTION: September 26, 2000 the Board Authorized staff to negotiate with AGC for the purchase of this 12.32 acre parcel. RECOMMEND A TION: Staff recommends that the Board approve the attached Parcel Purchase Contract and authorize the Chairman to sign the Contract and the Addendums and direct staff to proceed with closing upon the County Attorney's approval of the due diligence of this property. [ ] APPROVED [ ] DENIED [XI OTHER: Pulled prior to meeting. Moved to January 8, 2002. COMMISSION ACTION: [X] County Attorney: [ ] Originating Dept: #~ Review and Approvals [ ] Management & Budget: [ ] Community Development: [ ] Purchasi ng: [ ] Other: G:\ACQ\ WP\DON\AGC PARCEL \Agenda 12180Lwpd ORAL REPRESENT A ~S CANNv, BE RELIED UPON AS CORRECTL Y ~ING THE REPRESENT A nONS OF SELLER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE LEGAL DOCUMENTS REFERRED TO HEREIN, PARCEL PURCHASE CONTRACT This CONTRACT is made between ATLANTIC GULF COMMUNITIES CORPORATION, a Delaware corporation authonzed to transact business in the State of Florida, and having its principal place of business ut 4800 North Federal Highwuy, Suite 105-E, Boca Raton, Florida 33431 (the "Seller"), and the below-named Buyer(s) (collectively tl1e "Buyer"), upon the following tenns and conditions. CONTRACT INFORMA nON: Date October 1. 2001 St. Lucie COlmty, a Political subdivision of the State of Florida (First) (Middle illt.) (Last) Marital Status Buyer's Name (.as i1 will appear on Deed) 2300 Virginia Avenue, Third Floor Admin, Annex Ft. Pierce S~ct Dty Social Security #(s) Home Phone Fl Stute Conntry 34982 Zip Code 561-462-1711 Bnsiness Phone (First) (Middle Inl) (Last) Buy«'s Name (as it will appear on Deed) Marital Status Social Security #(s) Home Phone Street City S iu te Country Zip Code Business Phone PROPERTY; TRACT: .. SEE EXHfßIT A" ,BLOCK: ,LOT(S); of PLAT UNIT/SECTION: according to the Plat thereof recorded or to be recorded in SI Lucie County, Floridu, PURCHASE PRICE: PAYMENT TERMS: A Parcel Price $19,000 A Deposit received this date $ 0 B. Amount of Mortgage Loan $ N/A C. Balance of Purchase Price due at $ 19,000 Closing (By Cashier's Check or CertiFied Check drawn on a U. S, Bank or S&L) TOTAL PURCHASE PRICE $19,000. TOTAL PURCHASE PRICE $ 19,000. N/ A / If initialed here, Buyer acknowledges there is a Property Owners' Association membership associuted with this purchase. Accordingly, at closing, Bnyer must pay an assessment to such Association equal to the prorated portion of the then existing periodic assessment, currently in the amount of $ N/ A per year/quarter/month, ESCROW OF DEPOSITS, Buyer's deposits will be placed in escrow with Treasure Coast Abstract & Title Insurance Co" whose address is 401 B, South. Indian River Dr. Ft. Pierce, FI 34950, and will be held und disbursed pursuant to this Contract without interesl This contract shall be binding upon both parties, the Seller and Buyer, their Heirs, Executors, Successors or Assigns, when accepted by Seller. WITNESSES: BUYER: Accepted this_day of_~ 200 I by Seller. Signed by Buyer on .2001 WITNESSES: SELLER: Atlantic Gulf Communities Corporation a Delaware corporation, By: Its: Sales Representati ve: Sherra B. Camemci THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACr. IF YOU DO NOT FULLY UNDERSTAND IT, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. '-' ..." PARCEL PURCHASE CONTRACT STANDARv PROVISIONS I, AGREEMENT TO SELL, Buyer agrees to buy the parcel described on Page I of this Contract (the "Property") ffom Seller upon the tenns and conditions set forth herein, which will survive the closing. 2, 2.3 The parties acknowledge and agree that in electing to proceed to,close this transaction, Buyer shall have detennined that the Property is satisfactory in all respects, Buyer has and will rely solely on Buyer's own independent investigation and inspections (including but not limited to the economic value of the Property and IS topography, soil, sub- SOIl and drainage conditions), Buyer acknowledges that Seller has not made any representations as to the economic value of the Property and Buyer. in electing to proceed with this transaction, is not relying upon any such representation by Seller. Buyer further ackuowledges and agrees that it may be necessary for Buyer to obtain permits, zoning and/or comprehensive plan changes in order for Buyer to develop the Property for Buyer's intended use and it may be necessary for Buyer to bring utility service to the Property, 3, MORTGAGE PROVISIONS This Contract is a cash sale and IS not contingent on Buyer obtaining a mortgage loan to finance Buyer's purchase. 4. CLOSING. 4 I Date and Place of Closing Seller shall notifY Buyer of the tin,e, place and date of closing, which will be no later than , If Buyer (and any other persons required to execute the closing documents) fails to appear and close on the date and time Seller sets, or any extension Seller agrees to in writing, Buyer will be in default. If it will be inconvenient for Buyer to attend the closing as required by Seller's notice, then at Buyer's request, Seller may pennit the closing (including where applicable the closing of Buyer's mortgage) to be effected by mail, in which event Buyer shall pay Seller's cost of sending the closing documents bo Buyer, with appropriate instructions, In the event Buyer fails to comply with Seller's instructions to close by mail, Buyer shall be deemed in default. TIME IS OF THE ESSENCE OF THIS CONTRACT 4,2 Title, At the closing Seller will convey good and marketable title to the Property by General Warranty Deed, subject only to the following: conditions, restrictions, limitations, reservations, agreements, declarations, dedications and easements of record, any plat which includes the Property, and existing zoning, as of the date of closing; taxes for the year in which the closing occurs and all future years and pending governmental hens; facts that an accurate surveyor personal inspection would disclose; any mortgage executed by Buyer at closing; and, all standard printed exceptions contained in an ALT A Owner ~ Tille Insurance CD 2 I. '-ø; Policy cu~tOlllllrily insured in the còunty where the Property IS located ' 4.3 Closing !:IocuJna¡ts and Costs. At the closing Buyer shall provide and execute any docwnents reasonablý reqUIred by Seller or BUyer's lender. Seller will pay the documentary stamps and recording COsts for Buyer's deed, At ~e closmg, Buyer shaH pay Ibe fOllowing in cash or by cashier's check: , 4:3,1 The balance of the Total Purchase Price, as It may be adjusted pursuant to this Con- trACt. 4,3,2 &.al estate property taxcs and All olber proratable items $hall be prorAted as of the date of closing, In the øvent the reel estate tllXes for the yeAI' of closing are unknown, the tAX prOrAtion WIll be based upon the taxes for the prior year and at the request of either party, the taxes for the'ycar of clo~UIg shall be reprorated and adjusIM whcn the tax bill for such year is received Alld the ,",tuel Amount of !axes is known, The provisions of this paragraph shall survive the closing. . 4.3.3 Public Improvement liens. if any, wluch Mve been certified, confirmed or ratified as of the clœing, will be paid by Seller. All other liens for govonunentallmprovements shall be assumed by Buyer. However, to the e"tent any cerofied, confurned or ratified liens are payable in inatall. ments, Buyer shall aeçept title subJcct 10 such liens shall asswne the balance of installment payments due from and after the date of dosing, 4.4 Title msurance, Not less than fifteen (15) days prior to the closing, Buyer shaH obl4În a written !'OffiIt1itment (the "Commitment') issued by A reputable title lIIS':'lan~ cOI~pany licensed in Florida, agreeing to issue a policy IIISurmg Buyer's title (Amer/con Land T/I/e Assoc/ation OWner ~ Policy Stondard Form 0) upon the satisfaction of aJl requirements set forth in the Conunitment and the closing of this Contract, and sbowing Seller to be vested with good and marketable title to the Property., subject only to liens, encumbr¡¡nces, exceptions and qualifications set fortlJ in this CootIllC!, those which shall be discharged by Seller at or before closing. and the standard cxeeptions contained in such a policy, Buyer shaJl. within ten (10) days after receipt of the title insurance commitment. notify Seller in writing speci. fying any title defect which renders IiUe W1IIlArketable. Seller shall have sixty (60) days from m:eipt of any such notice within which to remove such defect(s), and the closing ~te will be adjusted IICCOI'dinçly, If Scller is un-successful in removing such defects wIthin said time. then Buyer shall have the option of either (a) accepting the title and elosing hereunder with no a4Îustment in the TotAl Pun:hase Price. in which event Buyer shall waive any clahu against Seller with respect to such defect, or (b) terminating this Contract Md receiving a rel\Jnd of ell deposits and the parties shall be released from any further rights or obligatio1l8 hereunder, Seller agrees that if tille is found to be w1I1llll'ketable, it will use diligent effort to correct the defect(s) in title within the time provided herein, but Seller shall not be required to expend any lIroOunt of money or to bring any lawswl to cure any title defect. 4.5 Survey. Buyer may elect to obtain a survey of the Property at Buyer's sole cost and expense, 5, DEFAULT, 5,1 By Buyer. If Buyer defaillts. Buyer under- stands Seller's damages will be incapable of being determined, and Buyer agrees Seller may taminate this Conlract anQ keep Buyer's deposits (up to ten (10%) perCCllt oftbe Total Purchase Price) as liquidatcddamages, which the parties a¡¡roe is fair and reasonable compMSation to Seller for removing the Properly from the market and MVing to resell it. If Buyer's deposits arc held in escrow, Buyer also agrees that upon Buyer's default Seller IIIS¥ notify the Escrow Agent that Buyer has defaulted, in which event the Escrow Agent moy pay Buyer's deposit to Seller, and the Escrow Agent may rely on Seller's notice and shall be under no obligation to make any independcnt investigation or confinnation of Buyer's default. 5.2 By Seller. In the event of a default by Seller, ..." B1;er may request a ,refund of Buyer's deposits and Upon ~c refund, Seller ~ have tlO liability to Buyer and this th on(ract will be tcnrunated, Alternatively, Buyer shall have e flghl to sue for sp~lfic performanCð or for actual damages. In no event wIll Buyer be entitled to incidental consequenbal or pwútive damages due to Seller's default. ' 6 . DEED RESTRICTIONS AND DECLARATIONS If mdicated on P~ge I ~ereof, Buyer understands Ibat tit¡~ 10 the ProPerty IS SU?J"?t to o~ Or mOre declarations of cov~n,ants and restrictions, Or SlOwar deciMations, and all exlublts thereto, By. execution hereof, Buyer acknowledges receipt of any appl1cable declarations and IIII\CndmOl1ts. Buye~ ,",knowledges that any applicable declaration II11IY contain vanous llIe and maintenance restrictions wbich Buyer will ~ requtred to comply with, and may require Buyer 10 obtain approval from Seller or from the applicable homeowners 01 properly owners association prior tD building On the Property Pursuant to such declaration(s). Buyer may be rcqUlred to be a member of and pay Assessments to a homcov.:ners association, and Buyer or any such homcownen¡ associebon may also be required 10 be a momber of and pay assessmcnts to one or lIIore additional homeowners or prop«ly. owner~ Msociation, anQ if Buyer of the homeowners assOC!At!On f~¡s to pay, assessments, the applicable assocIatIOn will have the fight to file a lien a.!amst tlle Property, Buyer acknowledges that any information Seller h.1s glY"" Buyer regarding the amount of any such assessments is merely an asthnatc. and that the amollnt of assessments may be changed to refleçt the .ctual expenses to be mCUlTed br. the assoclafion, in accordance with the .~plicable doc aration(s). Buyer acknowledges that Seller will ha~e the, fight to re<:ord.or ilII1Cnd any applicable decllU'ation pflor to the clO5mg, if not nOw recorded (copies of whicb will be provided to Buyer if not previously delivered). 7, BROKERS, Other tllan real estate brokers Scller has acknowledged h, writing, Bnyer represents that Buyer bas not employed, any reol estate broker cloiming the right to any f~ as a result of having represented Buyer. Buyer understands that the person procuring this sale on Seller's behalf is Seller's agent and will be paid by Seller upon completion of the sale, 8. RISK OF LOSS, In the event that the Property or any portion thereof is taken by eminent domain prior to closin~, Buyer shall have the option of either: (I) canceling this Contract Md receiving a refund of the deposits, whereupon both parties shall be relieved of alllùrther obligalions under this Conlract, or (ii) proceeding with closing wilhout reduction of the Purchase Price, in which case Buyer shall be entitled to all condC11U1ation aWlU'ds and settlements, if any, 9 INSPECTIONS. From and after the Effective Date, Buyer. its agents and representatives. sl1all be entitlcd 10 enlðr upon the Property for inspeclion, soil tests, tes~ borings, and engineering and feasibility studies. Buyer shall reasonabl¥ restore the Properly to substantially the same condition It was in prior to the performance of such tests; and Buyer shall not interfere with oog0Ì118 construction aclivlties, in performing such teslS I\IId studies, To the e"tent allowed by law, Buyer hereby agrees 10 indemnify IU1d bold Seller bennless from allY damages or liabilitics msing or resulw\g from injuries or property damag¢ caused by the activ;ties of Buyer, Its agents or representatives, in pursuing the activities permitted herein. 10, MISCELLANEOUs, 10.1 In the event of IIDY litigation msing oul of this Contract, the prevai1ing party shall be eutitled to recover all costs incurred, including reasonable attorney's fees at all trial and appeHate levcJs, 10.2 This Contract is binding upou the parties, their respective heirs, legal represClltatives. successors And ""signs, Howcver, Buyer msy not ""sign this Con¡rac! without SeHer's wrilU:n consent, which SeHer CM withhold lit Seller's discretion, 10,3 THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES AND NO REPRESENTATIONS OR INDUCEMENTS MADE BY 3 '-' SALESPERSONS OR OTHERWISE" filCH ARE NOT CONTAINED IN THIS CONTRACT ARE BINDING ON SELLER This Contract may not be amended or mo<lified except by an instrument in writing signed by the parties, Brochures and advertising representations and iIlustrntions constitute general concepts onJy, and Seller will not be bOlU1d by any statements or matters referred to or depicted thereon except as expressly set forth in this Contract. 10.4 Buyer shall not record tlus Contract or any notice or memorandum thereof in any public records, and at the option of Seller any recording by Buyer shall be a default 10.5 All notices and demands shall be in "Titing at the addresses of the parties as indicated in tllis Contract, unless either party notifies the other in writing of another address. However, Buyer agrees that any notice to Buyer of the closing or any extension of the closing may be given orally, by telephone, telegram, or any other means, Seller will not be responsible for an notice properly sent to Buyer which is not received due to Buyer's absence from the place where notices are to be sent or which is refused deliveJY or not picked up by Buyer. 10,6 Any lawsuits between tile parties may OlÙy be started in a colu1 in the COWlty where the Property is located. 10,7 Buyer agrees time is of the essence as regards Buyer's perfonnance and Buyer's obligation to close, 10.8 If after the closing it shall appear that dlere is an error in mlY closing docwnent, including where applicable any mortgage loan closing documcnt, the parties agree to execute any further docwnents at the request of either party or at the request of the mortgage lender where applicable, and to pay any mllOWll required, in order to correct dIe error. 10.9 Buyer acknowledges dIal, except as set forth in the docW1lents received by Buyer, Seller has made no representation or warranty as to the manner in which Seller or any other builder or developer may develop any lots or other acreage near dIe Property. Except as expressly set forth in the docwllents, Seller shall have no obligation to complete dIe development in which the Property is located or construct mlY other homes or improvcments in any particular mmmer. Buyer acknowledges that tile primary inducement for this Contract is the Property, which is a vacant lot, and not the completion of uny other improvements or any common or recreutionu] facilities. 10,10 Buyer acknowledges that the Contract was negotiated in the English language, 10. I I Buyer acknowledges and agrees dlat, for the purpose of completing the sale and construction of all the homes witllin the development in which tile Property is located, Seller shall have the full right mId authority to muintain or establish witllin such development models, sules and construction offices, advertising signs mId bmmers, lighting, and all other activities nonnally associated with the sale, development and construction of a residentiul reul estute development 10.12 The provisions and disclaimers in this Contract which are intended to have effect after closing will survive the closing, and tile delivery of the deed from Seller to Buyer, ] 0, 13 The use of any gender in this Contract shall include all other genders, and dIe use of the plural shall include the singular and the singular shall include the plural, wherever appropriate, ]0,14 In the event any tcnn or provision of this Contract shall be held to be invalid by any court of competent jurisdiction, then Seller shall have thc right to tenninate this Contract upon "Titten notice to Bnyer, in which event all deposits shall be refunded to Buyer, mId thereafter the parties shall have no further rights or obligations hercunder, If Seller does not exercise such election than such dctem1Ìnation shall not affect the validity or enforceability of the remainder of this Contract Buyer's Initials """ 4 '-" ""'" EXHIBIT "A": COUNTY OF ST. LUCIE St. Lucie County Tax I. D. Number 3416-132-0001-000/9 South ~ of the North ~ of the Southwest 1/4 of the Northeast 1/4 lying west of the easterly channel of the St. Lucie River and the Southwest 1/4 of the Southwest 1/4 of the Northeast 1/4, Section 16, Township 36, Range 40, according to the plat thereof, recorded in Plat Book 788, Page 3] 1, Public Records of St. Lucie County, Florida. Buyer's initials 'w' '-II ADDENDUM TO PARCEL PURCHASE CONTRACT This Addendum is made as of this ~day of AUl!ust , 20~ by and between Atlantic Gulf Communities, as "Seller" and St r IIcie c.onnty a politic"1 ~lIhdivision of State of Florida, as "Buyer" in connection with the Parcel Purchase Contract between said parties dated on even date herewith covering the property located in St. Lucie County and described therein (the "Property"). The following is made a part of the Contract: Notwithstanding anything to the contrary in the Contract. Buyer shall be solely responsible for Payment, at closing, of the following: I. The cost of examing title insurance commitment, policy, update or report on tbe Property, and the premiums and other related fees and costs for any owner's title insurance policies, updates and / or report, and 2, Ad valorem property taxes and assessments for the years 1998, 1999, 2000 and 200 I due and owing on the Property, including any and all penalties, interest and other charges due, and J. Real Estate conunission in the amount of 10 % of the sale price of$19,000 WITNESSES AS TO SELLER(S): SELLER(S) Atlantic Gnlf Commuuities Corporation, A Delaware COI'poration By: By: Printed: Printed: Date: WITNESSES AS TO BUYER(S) BUYER(S): St. Lncie County By: By: Printed: Printed: Date: '-" ...", PURCHASE CONTRACT FORM "A" NOTICE OF CLOSING EXPENSES Buyer: St. Lucie County Buyer's Address: 2300 Virginia Avenue Third Floor Admin. Annex Ft. Pierce FI Seller: Atlantic Gulf Communities Corp.. 13790 NW 4'" Avenue, Suite 113, Sunrise, Fl33325 Property: Legal Description: St. Lucie County Tax ill # 3416-132-0001-000/9 Street Address: Pursuant to Rule 2-13,03(1) of the Department of Legal Afiàirs, Buyer is hereby notified that upon closing on the sale of the above referenced Property, additional costs may be demanded from Buyer in the form of closing costs which may include the following: 1. The balance of the Total Purchase Price, subject to any increases or adjustments per contract addenda or unpaid extras. 2 A prorated portion of current real property taxes. 3. Any deposits, installation charges, or hookup fees for utilities. 4. A prorated portion of any applicable homeowner's or property owner's association assessments and a working capital contribution to any applicable association equal to two (2) month's assessments. 5. Buyer's own insurance. 6. Attorney's fees for Buyer's attorney, if any. 7. Other SEE ADDENDUM TO PARCEL PURCHASE CONTRACT In addition, if Buyer obtains a mortgage additional costs may be demanded from the Buyer by the lender, which may include the following: I. Intangible tax of. 002 of the principal mortgage amount. 2. Stamp tax equal to 0.37 per $100.00 or some fraction of the principal mortgage amount. 3. Recording fees of$6.00 for the first page recorded, plus $4.50 for each page after the first page recorded, and indexing fees, if applicable. 4, Application fee(s). 5. Abstract charge(s). 6. Title insurance. 7. Appraisal fee(s), 8, Credit report(s). 9. Lender's title insurance policy. 10, Escrow for taxes andlor insurance. 11. Tax service fee(s). 12. Mortgage insurance. 13. Origination fee(s), 14. Discount points. 15. Prepaid interest. 16. Document preparation fee. 17. Survey fee(s). 18. Attorney's fee(s) 19 Any other charges imposed by Buyer's lender. The Buyer hereby acknowledges receipt of a copy of the foregoing Notice of Closing Expenses this day of , 200 I. WITNESS BUYER; ...., ..." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: DATE: Board of County Commissioners Dan;el S. McIntyre, County Attorney '9r December 12, 2001 FROM: SUBJECT: North Fork of the St. Lucie River ESL Project - Status Update ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- County staff is in the process of performing the initial due diligence (i.e.. title work and appraisals) on twelve (12) parcels located on the North fork of the St. Lucie River. A list of the twelve (12) parcels along with a map showing the parcels is attached. The commitments for title insurance have been ordered and are due this month. Appraisals have also been ordered and are due in february, 2002. County staff intends to being negotiating the acquisition of the parcels after the appraisals are received. DSM/jmr cc: Community Development Director Planning Manager Diana Waite Steve Fousek Œ/ ,--~~ I~ v' r rß.Í } ~ --;- " ~ \\~, t- t::::J t - r I (~-\) \' . (f') #50 rL-~ 11. IJ i r-' \ ,-\ ~ -- -~ -~ - ,~ r-- #53 'T '\^'),'-t"h.-b1Fi \ _ 4,,' ~ vvt: rl er ,6b1 -Rd '"\ ..(1) - ,g - r I ¡ IT? Mi~jway Rd qs -= 0Y$ LJ ~ ~'_~ T1- ~ ,_yV II; i # 82 85 ::::r=c: I 1 1= Ii-'- __ -. f.-- I #842:, . _ - h . ¡ r '-J r.r.. - ~à.q..; <CLS - - ~ Lr"' ~/#;- --j 1<:( ~ _I ;j ~ Subject parcels '~~#96 '-:=: f-"3":-:: <fl #98 -ê ~ 'Z- #99 ':in~ I g I1T ~ If--L~ ~ c¡¡, ~ :~pnr P' ..J_' r.¡ r-1..- Q ~ Rð - -1 1::3 ::;.. ~ R=J C~ ~ ¡tterm, m ~ c;~ -Rd ç;;: ::: ,L..~, c- ,,: f- · · T , _..[9 [') I· ' Ïf! ~ ./ j -!~ V 1 .:.;;~ ~\) J --\\ .;~ r · ~~ ~' ~¿. ':is\\ prr2I,ß. ~.\~/ ~ = VoI~" «- ~j _ Blvd~ '\ ~1 ~.~ !~~~ i ~\ ~ ~ -4 - Z . ' · \\\"'~~. .rr"" ~ <!}. I T ~ ~ \. Jþ)~~ok\1::~' ~ I =M __ \'~>: ~' '§avanlj\q, ''l'X { f II i-[[ Þ . .\ 1\ Club BlIÍä' \.. · 11 I j tJ 1=3' . '\ \. ·w 1 I' s-" ~ ~l.[ =-(j:lið :1J$PlY(I /~' ~ ,.. \'Ha~e ~ _ I ~'-- T =--\ ""\ \.\\1)'1'< VlP\.,/' /' ./':: = IL~~----?AV~ ~ ~ t ~::=U\~:\ \ IUê= f--.--j - ~ W· ~ -< ,-iT!TTi i:=- ! I' , , '::0\ v ~ I m altan ; Rd '..L..$~c?~' Co... ., '-" 'J P , ,\ \,~ \' \ \'rc-¡ l' ;::-ljj ,>c ç i-' I ~ ~~ ,\,\~Árr'. '::: /1/:::--';' 4-'. :::r .--t <i> Ç{\':VC é\ ' :%011 '1 HI< y , I j I ~ ~ B ':6 \\,v:-.::, \ \;:%:}fT[ ,J¡ ngat - ¡ I rl I;>"/. '--- d'f¡o.'-~' "T' -, l-d , , I nrl ~~ I North Fork of the 81. Lucie River Phase 1 N t 5lr.L~~~ Scale: 1" = 4000' ~ 19 . o ,\ ~'> \- - '-" AGENDA REQUEST IT"-'" NO. SA DATE: December 18, 2001 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: St. Lucie County Drug Court Program BACKGROUND: See attached memorandum FUNDS AVAILABLE: Drug Abuse Fund 109-629-534000-6000 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the criteria for funding programs out of the Drug Abuse Fund (Fund 109) and approve an amount not to exceed $5,000 based upon a direct bill for services, to fund the St. Lucie County Adult Drug Court Program from Fund 109 for the 2001-2002 Fiscal Year. COMMISSION ACTION: ~ [ x] APPROVED [ ] DENIED [ ] OTHER: 4-0 Review and Approvals County A:torney: Management & Budget Purchasing: Originating Dept. Other, Other: Finance, (Check for Copy only, if applicable) Eff. 5/96 " '-" ...",,¡ COUNTY ADMINISTRATION DATE: Board of County Com is iy; r. Douglas M. Andersont unty Administrator December 13, 2001 ANDUM 1-187 TO: FROM: RE: St. Lucie County Adult Drug Court Program I have attended meetings with Circuit Judge Steven Levin, and also met with Chief Judge Marc Cianca, and Peggy Cioffi of the CORE Program, discussing the implementation of an Adult Drug Court in St. Lucie County. An Adult Drug Court has been successfully operating in Martin County since early this year. Attached is a November 15th letter from Judge Cianca summarizing the meeting that we held. In that letter, Judge Cianca is requesting that funds be provided to the St. Lucie County program from the Drug Abuse Fund (Fund NO.1 09). Article 11, Section 1-7-23 of the St. Lucie County Code of Ordinances, states "the selection criteria for education and treatment programs to receive these funds, shall be developed by the County Administrator. These procedures shall include as a basis for selection of funding recipients, the success of the program." The Drug Abuse Fund has been established from the collected fines imposed on individuals adjudicated of drug related charges. These funds are to be used to assist drug education and treatment programs. The criteria that I am recommending to the Board of County Commissioners, for selection offunding recipients, shall include the success of the program as basis of selection. Also, all selections shall be made annually, during the budget process. I am recommending that the definitions for the criteria to be selected shall include one or more of the following: . Drug Court/Assessment of Need - Individuals should be tested and evaluated to determine appropriateness for Drug Court. . Drug Abuse Treatment - InpatienUoutpatient substance abuse treatment, which includes group and individual counseling sessions as well as family/significant other sessions. Followed by aftercare/relapse prevention counseling. " "'" 'WI Page 2 December 13, 2001 St. Lucie County Adult Drug Court Program · Education Programs - Intervention/prevention sessions for those individuals determined to be at-risk for substance abuse. Treatment/Education Providers - Area treatment providers licensed by the State Department of Children and Families as treatmenUeducation resources which demonstrate successful program operation. Program Recipients- Targeted St. Lucie County residents determined to be in need of identified substance abuse treatmenUeducation services. · · Also attached is a history of Fund 109. The current balance available in this fund is $2,391. This fund generates approximately $8,000 annually in new revenue. In some of the previous years, this money went to New Horizons. However, in 2001-2002 Fiscal Year, New Horizons received funding from the Fine & Forfeiture Fund. In conversations with Judge Cianca and Peggy Cioffi, St. Lucie County would be billed quarterly by CORE. I am recommending that the Board of County Commissioners approve the above referenced criteria for funding programs out of the Drug Abuse Fund (Fund 109) and approve an amount not to exceed $5,000.00, to fund the St. Lucie County Adult Drug Court Program from Fund 109 for the 2001-2002 Fiscal Year. DMAlam c: Robert Bradshaw, Assistant County Administrator Dan Mcintyre, County Attorney Marie Gouin, Management & Budget Director Attachments , . St. Lucie County Courthouse 315 Courthouse Addition 218 South Second Street Fort Pierce, Florida 34950 (561) 462-1461 Fax (561) 462-2783 ¥ ..., Martin County Courthouse 100 East Ocean Boulevard Post Office Box 2100 Stuart, Florida 34995 MARC A. ClANCA CHIEF JUDGE STATE OF FLORIDA NINETEENTH JUDICIAL CIRCUIT INDIAN RIVER, MARTIN. OKEECHOBEE, AND ST. LUCIE COUNTIES November 15, 2001 Doug Anderson, County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34950 RE: Accessibility of County Drug Court Trust Funds Indigent Substance Abuse Offenders Dear Mr. Anderson: This year Martin County implemented the first official Adult "Drug Court" in the Nineteenth Circuit. Martin County's Drug Court has had the benefit of funding under a Edward Byrne Memorial State and Local Law Enforcement Grant. Additionally, the Adult Drug Court has had access to the County Drug Trust Fund. These funds have greatly enabled offenders who qualify for the Drug Court to receive initial substance abuse/psycho-social assessments and on- going treatment while continuing to participate in the program. In October, St. Lucie County implemented Adult Drug Court, in cooperation with the State Attorney and Public Defender Offices and the Drug Court Administrator, Cathy Buzzolani. St. Lucie County's Drug Court Program now is without the benefit of grant monies or access to the St. Lucie County "Alcohol and Other Drug Abuse Trust Fund." I am respectfully requesting your assistance in defining selection criteria to include the St. Lucie County Adult Drug Court in accessing much needed monies from the Drug Trust Fund. According to Article 11, Section 1-7-23 of the St. Lucie County, Code of Ordinances, the selection criteria for education and treatment programs to receive these funds, shall be developed by the County Administrator. These procedures shall include as a basis for selection offunding recipients, the success of the program. The Drug Court has a national history of success. The recidivism rate for drug offenders who participate in Drug Court is a remarkable 11 %. Conversely, this reflects a success rate of approximately 88% for those who participate in the program. ~ The Drug Court applicants are frequently indigent, as documented by the Office of the Public Defender. In order to provide equal services to those who can afford services, as well as to those who can not, funds from the County Drug Trust Fund would be designated specifically '" ......... "-' Page Two Letter to Doug Anderson, County Administrator RE: County Drug Trust Fund November 15,2001 for evaluation and participation in an education and/or treatment program designated by the Court. A requirement of participation in Drug Court is to be gainfully employed within 90 days of acceptance in the Drug Court Program. Participants would be required to reimburse the Drug Trust Fund for fees utilized for evaluation and/or treatment. Programs providing evaluation and/or treatment to indigent offenders would invoice the St. Lucie County Drug Trust Fund quarterly, indicating the number of participants served and specifically what services were provided. Other methods of distribution may be more practical for the County. Drug Court participant reimbursement may be paid through the Department of Corrections or directly through Drug Court Administration. At present, funds collected and deposited into the County Drug Trust Fund are those funds assessed the substance abuse population by the Courts. The offender/participants will reimburse the Trust Fund. To facilitate funding for St. Lucie Drug Court, an Administrative Order will be entered accessing funds in accordance with the St. Lucie County Code of Ordinances requirements. In conclusion, St. Lucie County's community stands to benefit tremendously by the provision of Drug Court Services. This is truly a "win-win" for both the offenders, the Court and the Community. 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"" ::: - "" 'õ cu 0 ~-g .- ..0 '';:: ~ cu t 0 ~ l....; ::: (Ij ...... U 0:... 0. "'0 ~ ,..... (Ij CU d) Õ ~ a.>(:),.....:nC ;.... CU - '- > (lj0..C:::?'c::: ::: ;< ::: a3 t¡) o CU·- c.."'S2 >-. CU,_ "0 CU ~ [/) Æ æ Q) - [/) ~ ::. CU E-< 2: r=:¡ ¿ ~ o ....J 0.. ¿ i::J. '- Z o - E-< -< U ;::) o ~ :: 0 o 2 :>-,cu "'-< o CU ~ ro [/) C1) ü) ;.... 0 :: - ,.... ,.... 6-0 ::: CU U CU ~<~ - Q).~ e -= ,..... oJ)......t-< o 0 ;.... ...... c.. "0 -.. (]) := ~ :õ ~ ~ cd ~ o >--........, _ U (Ij [/) co 0.. 2 On~ 2 r- !"""\°cu --"'¡O;!2 CU V) ..... "::::N...o t-<"'7<t; OJ) ;:: ð "0 c::: 0.. t.o- "0 CU ::;¡ t::: ~ u: c::: '-" .S :: o :>-, o o o 02 &7t: ~ ·5 ;:: CU U ::: ~ ~ c::: ~ ~S;'õ .~ (\: ~ '§.~ ê3 4:~U 22 § ~ """f-~ .9 [/) -::: ...... ~ .:2:-g ~ ~.;!2 c::: U ?' 0....... - - tl) == :: CU...o __ t.;::. a.. 0 .5 ~ ..8 u "0 ,.... CU ~~ o ë3 ~ :: o ::: :>-'0 u ,0 ,_cu _ - .2 >-.-;: ~ ~ ü - ~ § ~ CVt.rJ ~ e ~ ...... 0 '- "0 ::: c::: cr~ CU"O ;.... 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[/) CU ...... . ..........,., .........~ Dec-Q6-01.03:33P Core Stuart 01/19¡1~34 ~~:~9 l-~288-5/¡;¡(; 661 223 0903 f.1ÞRTm CNT\' D-<U\".,I P.07 "A~ ~~ DEPARTMENTAL POLICY rBOCEDURE _~ TNatment.leduoation provideu win be ¡¡olir:it.t>d annually via the request fot' pt'Gpoiai (RFP) prooess, T1'ee.tn\ent provider selection ¡:riteria shall conform to e!risting laws and. regulatiolUl. The )bJ'tin County Drue- & Ab.;nol Abule A~LU'ene¡¡e Commit~ shall ar.nually outline treatment/education !!ervÎCeø required and detemíne a 8tandard¡~Qd fee. Comn:1itt!!t¡! nœmbers will farm a lIIelection committee to iduntlÍ'ji 1f10st approprÌlote provider(l) aed make recolIU:tUilnds,tion to the C,)Unty Adminigtrator for award of fund~. RuslS Blackburn, County Administrator :i.uDP-....--. lIt.ton! None ....Q...,.,I. "Pag. t on Dec-Q6-01,03:33P Core Stuart 111/ 19/2 ':iS4 :1f:1: iJg ~ -'-'288-578to 561 223 0903 P.06 'it.lRnr- C'Jrv D~':......I F'AG~ ¡)4 DEPARTMENTAL POLICY To; CWD Staff Sub""'; D~1I8 Ttl1llt FUDd Pob.". ,: cwdOlo.OOe EtreCltlve 1)&1411 1/9101 Fl'ODlJ R1.IiIó1 131Q~&j)urJ;\. C"untl' Adminlatrat<lT SUJMk'8ede~, l\Tonu Cl"ea1ed by: Anita. P"tlold Coccvea /PURPOSE 1 A Drug TruL'lt Fuud has be~lI ellltablÚihed ÍTQm the COllGctel:1 fin~.. Unposed On iI'Idividualø IIdju<!i¡;!atÐd of drug related charges. The ordinance e.ll1ablishil'l,g the funds state¡¡ th.at: "Monies deposited into the Dru.¡ Trust Fund shall be used to aniu drug tmatment and educa.tion progr.ms. Wheu rnakìng assistauce gr;mtll from the Drug AbulI8 Trust Fund, drug abu.1iI tNa'bnønt "r educatiQn program5 shaH be s@leeted as prorram recipj,8Iltl'! on. the balis of ,jelectio~ criteria which shaH be é$tablillhlld "by the coUl'ltyadministrator. Such criteria .hall íDclude the tluccesE; Qf the: prograxn a$ a buis for selèc:tigl1, l"jual approTalsha!l b. mad", by the Doard upon r~mmQndat1on by the countyadmínistralor, All selections shall be ruadé ánnual1y". ~OLICY :~J Dnlg 'l'I"Jat. .P1mds shall be uøed for alcohol and drug abullt tnJ..tm.lóint and/or prevention/education. .en-ices which have been identified as fa need fo1' Martiu CQunty reeidents by thè Martin County Dru¡ &; Alcohol Abuse Advi!:ioI'JI Committee. bEFINITIO~9 _:- Drug Abwe Trlillltmeut . Inpatient/Qu.tpatient $\¡b.taI1œ abuse treatrnent, which includu grou.p And individual ~C'ìW18eHJ\8' rBlHiIsiQnø a;¡¡ "I"ell ds familyhngnificllnt other sesaions. Followed by afìercareJrelapaø preTl'lntion counseling. Ecl~ation Prosrama . Intl!lJ'VentionJ prevention ilcu¡lIions for those ir.dividuali) determin"d to be at·risk for subl!tance abiJae Treatment /Education Provide!'" - Arel;l. tn:!1tmt'ut pro\'idl1!:t"9 licenæd by the Stat¡¡ DeþlJTtment of Children IInd FamUies as trcatl'l1gntJeducation resources which d@monstraUi auccelSful prograUl operation. (,,'. --, , ." .' .' ¡ l .. ..... Proeram Recipients· Target@d Martin CúwJ.ty residll!nts det~rmined to b~ in need af íd~ntified lIubltancP. Bm.SI;! ueatœt:ntleducatioß services. ~lo,IiKIi¡ilor P.-l ¢2 Oac-OG-Ol .03:32P Core Stuart 561 223 0903 P.02 '-" -....I AIJMINISTRATlVI<: OFFICE OF THE COURTS NINETEENTH Jl1n.ICIAL CIRCUIT Li.m ,ÇalQK(~ Sr. Deputy Cllur' Admml.~'ru'"r Thoma,f H. Willis Trial C'ozm Adminisfr'(#QI' Phil Redstone .'II', L)eputy Courl Admini~tr(/1()r Novemher 29, 200 I Ms P~ggy Ciollì Hxecutive Director The C.O.R.F Program ')05 ]ohnSl}n Avenue PO Bux 864 Sluat'l, FL 34994 Dl"ar Peggy: I::.ndosed plt~as!! 1¡lId the inlbrmalion that you requested regarding the Martin County Drug Abuse Trust Fund expenditures. This information was prepared by Ani1a Cocoves. Is this Ihe inlhnl1ation that you requested in relation to the St, I.ucie County Drug Abuse Trust I"und? If it is. please fecI free 10 share this inlormation with the County Adnùnistrator. Ifthis is not what you ;!Ire looking for, please advise. (I~ -' Callly BlI~ Drug Court Coordinator 200 S. Second .street fit IJierçe, FL 34')50 21R¡;"ulh~.·wl1dSlfL'Cl,22~Ci'mlh[)usc^ddition . h1T(Picrcc,Flot'i~.~495()" (56 I) 4f12-147ì. .. FAX (5('1¡4h2-2135 Dec-Q6-01.03:32P Core Stuart ~1/1~/1994 2~:e~ 1-~::e8-579e; 661 223 0903 MA~'r 1 N Cr,T'! Ii;;<JG..".,I P.03 PA<i:: dl BOARD OF COUNTY COMMISSIONERS REGULAR AGENDA ITEM SUMMARY 4 - j í __··_...U . I !TIIM: ~O 111.,010 --+---!L4CBllUlNr, C('IU,o:<.1¡ L:..;.- ...l~ rl.::~~:=h;=~VAL F:;:::::: :~:: EXPEND¡1'UKØJ rÞQD1I&1ID aYI C',OMItfItJ:I\"ITY SEamES' \ PNlPAMD IJ\'. , Ar.it£ Petwld ~YI!S, Dril8 DUI Hudson, ¡¡eputy C'ol.:¡¡,ty A1Ùtn Patl.otc1 C~ijve&, Drug i .....1:oIlie Strategy CoorQ.in.t~r AdminUitrator I AÞ.U.~è 8t:!'ahgy Coord' m(tor ~ - -_..._---~---_...__.__. I DOC~II) Uquœo;c A.CTION, nlme -~ I I OF mn¡l~ ABUSE TRUST FUND i I I ~ I .............-.--- PIlE9J:T .._..__._....---..T""'W'"TTM_~-_'"'-____.....---......._·_·,··_·· rnrr,ctrrm !i111IIII1W.. RY 7'11.e BoIP'fI ",Count,. Com.:wt..'oll",.. adoI~ an or<Jin,œnoll _fabll./lir... 'tllll Dr!Jg ,tbllloll! Tru.t Fund. S.l«ticm proclHl,"'" orul.,rieeriø are 1o bel d.IJ.14pEd /!:¡ t"-' Comity J\dIninístN~. UACKGROmm The Dr~g Abuse Trust FUlJd ha~ been in plMe sinO\' ,Tllntl 8. 1992 and f-.Jncl. Mill! b#..n accru,n¡ slnœ it'~ ¡).c~J1.i1JD fO,' a çwreD,t t¡t.r.! of t1.pprol,j1:~'W¡Y S~2,OOO, Fund. lire coiledI'd through finj& iWFOHd (1) i.ndividual. a<J.ju4icated M! drug rellloed cl1U¡Ji8, The I)rdin&n~e ~t&':C~ Ih!lt: "MoQies Q..pc~ited Into th.. Drug AbWle Trult Fund o!ÀjJl b. \It"<! to UIiIjloil: druø treatment and ed1}.~B.tion1?Tugra¡p,~. When mllk.iul UIlÍIltø.ØQ8 pll!J.tø ff<1m tn. Dru; AbUlIa Trw~ Fund. dNI abu~e i:t'eatmont or wducaticn pro~am' Khall br selected u proifam recipients on th. buú of Ml.cüon C1"!te1'iA whích shan be n'Utblish.d by th~ C()UT\ty Aclmini.¡trll.t(rr. Sueh ~riterìa shall inclù4e tbe auece.. of the prosram os a bNit fcor uler:tí<ln. Fina! appwvl.l ¡bill! be maGe by the :e.ø.rd U!ion re~ollLDlendàtion by tho Qou¡¡ty Admini.8ttaUlI', AlL s..!~ion¡ ¡¡h(l] be m..da ann\Ulll)'''. FrQ1JI OC'ober gl, 1996 wouøà SeJJtemb.r 30. 2000 the Ji;(!.wlC'd BYTIUI Memorial Grant WII.8 ll~ed to I'r(l'liàe (ontractlld. .ubstul:e abuæ trC!lll.tmlllt s..rvice~ witi'. W"''' GUb.taz¡:B abuse treatIDl!lnt providers for teuivLI!d J1,I,venìles ac""pt~ W.to th. Marlin Coux,t,. JUVQDU. Dn~ Court, A[1 I. demolllltrntÍQn 8I'Q.\~t, fands ~.n ÌIQ .;wcada<! !'or a aing)e iJ:Iiti.tlvl for tour y~ars lIud thttn m;¡,t bê changnd. It iQ anticipet!id bJl th. grant £Uøder ~hat UtI!! L<ttal c~mmun1ty win upl!)... vv"y. to çDnt¡nuo¡> to fund the ir'¡1;iaLed prQ¡-caIIl onee gl'l.nt f'urodø tew¡e, Aß of October 1. 2000. gr/Uit f,,~a. In eurrently pmvldinljl far cmltract.ò!d !iu.bIlLa.llce abU!!e tcea$tI1tnt iet~ice5 ...ltJ~ a.rea su¡;"tu.~ ab\l.e treatment fll'ClVidøn for the¡ ~brtjll COWlt;' Adult Dt'\lJ ççlU't AJ1n~a) grant. in.itÍil.tive rt'COUltG.tll.4atiOUII aN tt>.IU'I.. tð th~ ~œn1 of Cowtty CQŒlmÌJI10!1el'5 by the Martin Cotln!.}' DrI,1i '" Aloobol Abu.. AWllt9ßHJ! CommIiwe (MCDMC). '['upLed indMduaLs IIccepted int.o .'l.duJt D/y&, Cr¡..,t are reqll.Íred to pay Ii $600 fine tÐ The Drw AbWie '1'rWlt Fund. !t is antídpu"',d. Ih-.t Ib~1!II! fund.s will eMble tT'Catmllßt ..rvice. fUT t~ mdivi4ua1s to I!(mt!nue after graJt lundf iOCIaøe tI;¡ be .....ðilElbJe. The Q,.tnty Adminiatrll1;(¡r is IIIQu..ting that the JI.J.ct¡OD pl'o(.e<I\J'·~:; ,,~ çrittria r.qull'ed by OrdinlUl£e 411 b~ developøù by t1I.e MÇUAAÇ, The r.oonulleudatio:m of MCDA..&,.C ",ill œ brought to the Board for finAl approvaL ThereaftfilT., !;be MODAAC: will m.t with the Cuunty Adtl¡,\ni~t.~IÜor annUlÙly t·o de.tirm(!l& tund!n¡¡: prioritiu for 4IaQb year. ISSU!tS No fU1UÙI hlllv(\ ben. withdraw!! "'om the Drug; Tru~'¡ ~'uDd sino. It':,; ir.e",pti.=. ¡¡utl'timj! \'1m :not. œ ÎI> eoofHc.t with p'ant funàir'l! priorities. Jl.ECOM:JKRNDJiI ACTl0t'I '::Jllð1.....\",_ p~l!lo)n Mar"h 2'1, 200. Dec-q6-01.03:33P Core Stuart Ølllg/199~ 2~:~3 1-~lea-57f:/G 661 223 0903 r',:AR r lH CN Y ¡'¡RI.IV P.04 PAGE: ô2 BOARD OF COtJN1Y COMMISSIONERS REGULAR AGENDA ITEM SUMMARY 4 - J!l.eoomm...MØ.oD II Staff recommemda the :&ani approve tha! SU"er¡t~ imple=;¡nta.ion plaß for ØIIP8n11iture of Ùrug 1'I"UAt Funds for a1cobol IIJtd clnc abule treatmlUl.t ('r preventi(In/education P~ør~ ",bich have been Íliealif1Ðè. tbrolJlh i;hè Martin County Drug A Alcoh()1 Abu8Q À4""Í50ry Committee (MCDAACl Alt8l'lUlÜ". n a. tlo nDt approve tne relõOmW.eød.6d policy .for Drug TfUÞt FUII6 eXF6D.dttUN'. "SCAt. IVPACT No Filcal Impact 01\ the Budpt, neept for Staffs tlJue. VPROVA!, CO!JNTY COI,.1N'!'V ADMINIIlTllIlTOR lI'M'OftNrt ASD CSD ::ICA ATl'ACIDtœN1'& a. Letter f'rœD Cin:'I.¡it 19 Chief J 1.>~l1e b. D."..!'t.1n~ P<llicy, ldaiwçv;dlpoi,ieylOlo.o04l.aw s\rOOEI!ITIm KE'IT.1IIll'IIoI'rE MATEIlIAL B.elaie4 ..... n~me Prevk»u A¡enù Ic-.. 05·2~92 ACA-1I2-()$O oII.~1.,r.I¡o..,.. Pap20t2 MU'ch 27, :11)01 Dec-Q6-01. 03:33P Core Stuart 11J1.I19/133~ 2B:2I~.. :~-Y8B-57¡¡,E:,___." 561 223 0903 ~1ARTIN ÇN1Y j)'i1-'\",' J:'I~~~ i~...... P.05 lô>AIòE ~3 ;-' ':J ..,'.... - ~ \~7 to' '.; ~J.' -. ,......,,~ O-f,' ~1I..t ,.... il!ta.c..,f., .......r.,...".. NINU'11101'tN U Nçll,l CIII,CUI't qIIol,Q",.,. ·"«It. '.,." """'" ""'" "I.I~'T', v.. Y'U 1-.., "'-"'... _ cUI. ....._..,. r.itfM,lÞ'~lu p..,. 9. 200 1 Nra. ~.. '_W c.-.,.. NtnIft C...." ~ "buM TFCIa¡¡cnt Awn... I':opl!,!!. 400'" o..la"*, s.a,.1't. UMII Ie: Polic, for 1.1.. tf DNI TNll Funds 0.. WIt, PetzDtd CCIItO"... r - II1I'I" llllMoWM' or I:åt ,~...._ pcJict' bti:oIRi IrI;IJ9i'" for th~ ....cpcll~ gf o..u. Trus( II..... 1'be ""* 1M at.... 1bIId, can prnwidl sutl.n=1iaI ....iN!-jçc 11' t.boIöe ~...<I ia MItti;g c....J. AI you .. a..... NaII'Þ Co\KI1)' i. ç~tly ~ÌIIC. Adult Drull Cawt ¡MiRv;. TIùs IbUo",. fiu YIM at'....,.... tor. JIWII4I' D¡,¡. (;P\Irt. It IS.In)' bope Il1al II)/' cabU'biq ~ C¡arfÞt fie ...... m. AJW1 DIal Cøwt, WI will be ute 1,0 tI&4 ,lòfficia:lt LnQJÙtI to -N Otu¡ TNII 'illld ao_II4InnICowlCy -WilJ,. .\lI~ to toalilwofofuD,i Ir:atmJlU 1117''/oa fOl Dna, COli" aza..... .. ~Inm 01&" Ø/l;1Æ- 01:: HaurùI. st.fven W'rin ~"'!'''- ...~ '-' .. ~ ,/7/ .' {,l/ V' ¿~ ¿; - /It:!!:-==-=-. '''-~ ~'=~~~ ;~--~---:::: ~. ._=~ -~ .,._!~~~' l/~///:~~/, /ý:X~ o ¡.jj¿i/f~ä· '/.;,If/., -~~~,--",_.. / ,,' -,. A "/¿" J', /'i< . ,fl,,'æ,~~~j, ~~~~:;; - - -=--.-.t / --c.;/ZZ¿ ::?"¿,/ ,.---/.- CONCERNED CITIZENS AND OFFICIALS NOVEMBER 1, 2001 COMMUNITY SERVICE REPORT: The monthly figures for community service hours worked provided by C.O.R.E. are as follows: Ft Pierce Public Works Ft. Pierce Police Dept. Treasure Coast Food Bank St. Lucie County Leisure Dept. PSL Parks Dept. PSL Public Works PSL Police Dept. St. Lucie Connty Schools PSL Nursing & Restorative Care Salvation Army Mustard Seed Thrift Shop Goodwill Industries Miscellaneous Agencies TOTAL 9/01 59 99 385 240 696 o o o o 125 25 266 1.607 3,502 8/01 326 108 1,031 590 1,056 35 o 169 84 176 375 187 2.513 6,580 7/01 249 108 1,122 297 564 o 24 71 50 185 69 628 2.059 5,426 5ffll 4ffll 3/01 2ffll 4,496 6,708 5,947 6,387 October community service hours were not available to report at the time of this meeting. The hours worked through the Sheriff's Department and the County program are in addition to the hours mentioned above. Miscellaneous Agencies include ARC, Boys & Girls Club, and religious affiliations. The workers are given the option of where they want to work their community service hours. ST. LUCIE COUNTY JAIL: Jail population today is 811. Options for jail expansion are being explored. The Public Safety Coordination Council meets every other month to disCQSS jail and other facility needs. FEDERAL COURTHOUSE: The House approved funding for the 3-4 sites above us. The Senate approved funding for everyone on the list. A resolution would provide funding for site purchase and design. Fort Pierce is one place above Jackson, Mississippi's site which is Trent Lott's district. Looks favorable. After 13-14 years, it looks like it may happen. FOURTH DISTRICT COURT OF APPEALS: The Governor has appointed Melanie May for the judgeship in Broward county. PSL POLICE DEPARTMENT: Town Meeting scheduled for November 5 at St. Lucie West Centennial High School from 6:00- 8:00 p.m. Hosted by PSL Police Department, FP&L, and Ken Pruitt. Handling of mail concerns '-' ..., and anxiety re power plant proximity will be discussed. Will be local answers to local questions. All are welcome to attend. DEPARTMENT OF JUVENll..E JUSTICE: Budget cut substantially. 100 beds between here and Okeechobee may not be funded. DRUG COURT - STEVE LEVIN: The Drug Court program started in 1989 in Miami for drug offenders. It is now mandated to have one in each circuit in the state of Florida utilizing the court system. In St. Lucie county the program started yesterday. The program involves first time felony drug offenders who enter an open plea for possession and purchase. They are told that it is a strict program where they are held accountable and will have to get their life in order to stay in the program. 15% say they don't want anything to do with Drug Court and they are sent to the other court system. They are evaluated by CORE to detrmine if they are an addict or not. They pay $80 for the evaluation. Within 60 days of entering the program they will be working and able to pay their own way, if not disabled. The ones that go into the program enter into a contract with the court to agree to do a minimum of 5 AA meetings a week, one family counseling session per week, one individual counseling session per week, and one substance analysis every week. The program takes a lot of time. They come back each week with an assignment sheet. If they miss a urinalysis or test positive for drugs, miss a meeting, etc., they are sanctioned in court that day and go to jail for a certain number of days or are assigned community service. The following week they appear in front of Drug Court again. A Drug Court team which includes law enforcement meets before each session. The program lasts 1-2 years. The charge is dropped after that time if they successfully complete the program. It takes a community to run Drug Court. The ones that are serious need help to change their lives. Job opportunities, housing, counseling, etc., is involved. Drug Court is about them getting their lives back together. , Martin County received a grant to subsidize their program. Area agencies have become involved. There was a problem not having day care available for participants to attend therapy and the YMCA donated services. Transportation to therapy was also provided for those that needed it. The Martin County landfill is often used as a work site for community service. Martin County has 75 people in Drug Court (60% male, 40% female). Recivitism rate is 20% Law enforcement involvement in the St. Lucie County Drug Court is needed. In Martin County Perry Ewell came on board for law enforcement 3-4 months after the program became. He goes to their homes and tests for drug levels with a portable machine so there is no delay in getting results. Cocaine leaves the system in 48 hours. The hair follicle test can determine drugs in your system 3-4 months. The drug kits cost $3 each. Immediate sanctions are given for bad conduct. Support is needed from both law enforcement and businesses. Retired police officers who believe in the cause may work well. The One Stop Career Center comes to Drug Court in Martin County. The Center in St. Lucie County is operated by IRCC and Sam Patterson is the contact person. , '-" ....., HR Association has a pool of jobs for participants. TCC in St. Lucie County may be able to provide this service. Florida Rural Legal Services came to Drug Court pro bono to give free legal advice. The program needs time, money, and community input. Drug Court in St. Lucie County will be Wednesday afternoon starting at 1:30 p.m. By month end 20-25 participants are expected. In Martin County it is held every Monday. Mayor Minsky will discuss the program at the Executive Roundtable. CORE doUars might be available from community service hours. Forfeiture doUars may also be a possibility. Chief Skinner will discuss with Chief Savage and SheritT Mascara. Federal funds might also be available. A grant writer could look into this. If you have names or suggestions for this program, please contact Linda at 462-5056 or e-mail atLinda.szabo@riversidenb.com. NEXT MEETING: If you know of anyone who would be interested in finding out more about Drug Court and how they can become involved, they are welcome to attend the next Concerned Citizens meeting. The next Concerned Citizens meeting will be held on Thursday, December 6, 2001, at the St. Lucie County Courthouse in Fort Pierce, Room 217, at 12 Noon. Lunch will be served. Please RSVP to Linda Szabo at 462-5056. /Is W' AGENDA REQUEST I"""'" NO. 8 B DATE: December 18, 2001 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Weed & Seed Funding Request ($61,848.85) BACKGROUND: See attachments FUNDS AVAILABLE: Law Enforcement Trust Fund 620-2110-591900-200 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that funding for this program in the amount of $61,848.85, if approved, be allocated from the Law Enforcement Trust Fund, to be used for crime prevention and drug prevention programs. [x ] APPROVED r 1 DENIED [ ] OTHER: 3-0 (Bruhn abstained) COMMISSION ACTION: CE: Review and Approvals County Attorney' Management & Budget Purchasing: Originating Dept. Other, Other: Finance, (Check for Copy only, if applicable) Eft. 5(96 '-" "'wI COUNTY ADMINISTRATION MEMORANDUM 01-189 TO: Board of County Com is ._..~.. FROM: Douglas M. Anderson, DATE: December 12, 2001 RE: Weed & Seed Funding Request On December 7, 2001, I distributed to you, a Weed & Seed funding request in the amount of $61,848.85, submitted by Rae Pike, Executive Director of NEIGHBORHOODS of St. Lucie County, Inc. I indicated in the attached memorandum, the City of Fort Pierce has approved funding for 50% of the program ($61,848.85), contingent upon the County providing a 50% match. Mrs. Pike will be appearing at the December 18, 2001 Board meeting, discussing her request. Staff recommends that if the funding request is approved, funding come from the Law Enforcement Trust Fund. DMA/am c: Robert Bradshaw, Assistant County Administrator Dan Mcintyre, County Attorney Marie Gouin, Management & Budget Director Beth Ryder, Community Services Director Pete Keough, Parks & Recreation Director Attachment '-' "wi ME M 0 RAN DUM #01-185 UNTY ADMINISTRATOR TO: BOARD OF COUNTY COM FROM: DOUGLAS M. ANDERSON, DECEMBER 7, 2001 DATE: SUBJECT: WEED AND SEED PROPOSAL You have received a copy of the Weed and Seed proposal submitted by Rae Pike. It should be noted that the requested local contribution is $123,697.70. The City of Fort Pierce has approved funding for 50% ($61,848.85) of this request contingent upon the County providing a 50% match. .DMA:ms01-185 C: Dan Mcln!J1'e, County Attorney Marie Gouin, Management and Budget Director Beth Ryjer, Community Services '-' ...." , Building a united community, which recognizes that our /Ýt:!¿ ~ /Z4¿ /l1d,/olfiJ ,4t-o",t:f:&:J 7)O1l> I!X:. /~:....M ç:..J Poi: -6LL Æ6p..144 /36-<"-<=- :;?1IJ¿ ¿..., ¿; ,,/ fH"'-Á-.· (' 11 (\ '~ ~/ 6l-~ t- j( J'~0·'r. (^'¿~ '- ~ ,~ fJ'~'~p, youth are our future. N£.GH13ORHOODS cf Sf btcie Cou»ñi. me. 127 South 7th Street. Fort Pierce, Florida 34950. Wednesday, December 05, 2001 " Mr. Doug Anderson County Administrator 2300 Virginia Ave Fort Pierce FL 34950 Subject: Weed and Seed funding request. Dear Mr. Anderson I am writing to you today to request start up seed funding for the Weed and Seed Project. Please find attached the budget request and the complete itemized budget. Also a copy of the Weed and Seed proposal sent to Washington D.C. for national recognition. We are asking the County to match the portion ofthe budget already committed to by the City of Fort Pierce. The remainder of the funds is in kind and has already been approved. As explained this strategy is a tool that can be used by the established Weed and Seed Coalition oflaw enforcement, social services as well as grass roots resident driven and faith initiatives programs to acquire funding set aside only for communities with the required designation. It is important to recognize that the County recreational department is part of the seeding for the proposed area. There will also be many other departments from the County who will wish to be represented on that seed committee. Currently Commissioner John Bruhn is on the executive steering comnúttee. (please review attached Weed and Seed package) '-' . , ..., As you know in this time of budget cuts this conduit will be a valuable asset to both County and City, to acquire funding for various programming and projects including economic redevelopment. It is also ÙTIportant to recognize that this designation can and will be expanded to be sure that we leave no neighborhoods behind countywide. I thank you for your time and undersœnding with this very important project. Due to time constraints, we will need to appear in rront of the County Commission board on the 18th of December. Mr. Tun McAdams of the US Attorneys Office and I will be available for any meetings you desire us to attend. Mr. Jim Mc Adams contact numbers are office 4660899 ce11561 3083055. Sincerely H. ~~ p~ H. Rae Pike Executive Director Phone 561 461 2390 Fax 561 461 2591 email hrae@bell south.net '-' 'wi Proposed Budget Summary: Budget Amount Cash/In-kind Grant Total Cateeorv Requested Match Personnel $42,000.00 $42,000.00 $84,000.00 Fringe Benefits $ 3,213.00 $3,213.00 $ 6,426.00 Travel $0 $0 $0 Equipment $0 S19,614.26 $19,614.26 Supplies $ 1,645.85 $2,245.85 $3,899.70 Construction $0 $0 $0 Consultants $0 $ 2,000.00 $4,000.00 Other $ 14,990.00 514,990.00 $29,980.00 Total Direct Costs $ 61,848.85 $75,139.61 $136,988.46 Indirect Costs 0 0 0 Total Project Costs $ 61,848.85 $75,139.61 $136,988.46 '10 (;) i I ~ ,{)~!:o \ .r ... """ 2 WEED AND SEED DETAILED BUDGET WORKSHEET A. Personnel NamelPosition Computation Costs Executive Director (50% $50,000.00) $25,000.00 (Responsible for the establishment of the Weed and Seed project to encourage community mobilization for the Comprehensive Three-Year Prevention Plan "St Lucie Neighborhoodsfor a brighter tomorrow" which Operation Town Watch, St Lucie County Court Watch and the Neighborhood Leadership program are part of Also responsible for the day-to-day operations, mar/œting and public relations for the Weed and Seed Executive Steering Committee.) Program and Event Coordinator (50%$26,000.00) $13,000.00 (Responsible for the implementation and coordination of programs and events for the Weed and Seed site, also fundraising efforts on behalf of the project.) Part time Administrative assistant TBA (50%$8,000.00) (Responsible for fiscal, clerical, and data files) $4,000.00 Total Personnel Cost: $84,000.00 B. Fringe Benefits NamelPositioD Executive Director FICA 50% ($50,000 .... 0765 $3825.00) $1,912.50 Program Coordinator FICA 50% ($26,000*.0765 $1,989.00) $ 994.50' Office Assistant FICA 50% ($8,000*.0765 $612.00) $ 306.00 Total Fringe Benefits: $6,426.00 '-' ~ C. Travel Description Computation Total Travel Costs: 0 D. Equipment 3 Cost Item Computation Cost In-Kind Copier 1 @ $1,656.28 $1,656.28 (Fa ma/œ copies of reports and materials) In-Kind Desktop computer 4 @ $1,000.00 $4,000.00 (For volunteers to enter data used to track habitual criminals and establish habitual records for court watch program) In-Kind Fax/Scanner/copy 1 @ $559.00 (Fo send out and copy materials and correspondence) $559.00 In-Kind H.P. Ink jet 750 Plotter l@ $4,000.00 $4,000.00 (Fo print presentation area maps with data overlay for educational and informational uses. Tracking crime trends in relation to demographics) In-kind Notebook computer 1 @ $1,500 $1,500.00 (Notebook computer will be utilized by program participants and Program Facilitator to document court watch hearings and association meetings. Notebook computer is needed because it is portable and can be used on location i.e. Court hearings, crime watch meetings) Office Furniture In-kind 2 mahogany desks with returns @ $895.00 2 office desks @ $450.00 1 four draw metal filling cabinets @ 2 two draw file cabinets @ $70.00 15 office chairs @ $55.00 2 four shelf book shelveS@ $85.00 two chair mats @ $49.99 4 body contour office chairs @ $150.00 I printer stand /utility stand @ $84.99 $1,790.00 $ 900.00 $ 159.00 $ 140.00 $ 825.00 $ 170.00 $ 99.99 $ 600.00 $ 84.99 Total $4,768.98 "'" Network Server Processor Installed Network Cards Cabling Network Hub UPS Shared Cognos seat for Database and reporting E. Supplies Items Postage Office supplies Office Jet G85 ink HP Printer 600 Paper Miscellaneous ~ In-kind (1 x Intel Pentium III 1000MHz 18 gig lID 256 Meg memory Wmdows 2000 or NT 4.0 Network Modem X $4,235.(0) In-kind (1 x $500.00) In-kind (Ix $375.00) Total Equipment Costs: $19,614.26 Computation 50% (300 x .33x12 $1,188.00) 50% ($64.98x6 $389.88) ($61.98x6 $371.88) ($24.99x6 $149.94) 50% ($100 x 12 $1,200.00) In-kind Yellow Court Watch Polo Shirts (30X$20 $600.00) (Volunteers uniform with logo for court appearances and meetings) Total Supply Costs: $3,899.70 4 $ 2,117.50 $ 500.00 $ 75.00 $ 100.00 $ 150.00 $ 187.50 Cost $594.00 $194.94 $185.94 $ 74.97 $600.00 $600.00 '-' "'wI 5 F. Construction Items Computation Cost Total Construction Costs: ÒO G. Consultants/Contracts Name of consultant Service provided Computation Cost TBD In-kind Technical Support ($2,000.00) (fRCC MIS for development of database for Court Watch.) $2,000.00 Total Consultants/Contracts Costs $2,000.00 H. Other Costs Description Computation Cost 50% Rent for building (12 x $850) $5,100.00 (Office site Old Presbyterian Church on Orange Ave.) 50% Equipment maintenance contract (1 x $995.00) $497.50 (Office equipment copier! printers covers all service calls and parts except for copier drum and natural disasters) Directors and Officers liability (Insurance required for Board.) 50% ($4,000.00) 2,000.00 50% Building Maintenance/Janitorial (12X$60.00) (Janitorial and lawn maintenance for location) $360.00 50% Utilities (electric) (12 x $600.00) (Calculations based upon 12-month average) $ 3,600.00 50% Telephone (estimated @ $425. x 12mo) (3x telephone lines, voiceJax, and Internet access, cell phone) $2,55.00 ~ ...., 6 50% Leadership training scholarships (30x $42,00) $630.00 (Enrollment fees for classes at Indian River community College developing the skills and tools to establish neighborhood associations and crime watch programs to mobilize the residents) 50% Volunteer Appreciation Event (estimated @ $15.00 per head.x100) $ 750.00 (Once a year dinner and awards ceremony to show appreciation for dedicated hours of assistance and support) Total Other Costs $ 30,975.00 I. Indirect Costs None '-' ..., Management Structure 1 Steering Committee 1. MANAGEMENT STRUCTURE A. Contact Person Name: Rae Pike¡ Executive Director Gigi Berry¡ Programs Coordinator Neighborhoods of St Lucie County¡ Inc. Office 127 S 7th Street Fort Pierce, FL. ~34950 (561) 461-2390 Fax: (561) 461-2591 hrae(a)bellsouth.net Address: Phone: Emall: Executive Steerina Committee Members Votina Members Chair 1st Vice-Chair 2nd Vice-Chair Secretary Treasurer Mayor Edward G. Enns City of Fort Pierce Chief Eugene Savage City of Fort Pierce Sheriff Ken Mascara St Lucie County Jim McAdams US Attorney's Office Dr. Edwin Massey President Indian River Community College Steerina Committee Members Votina Members Name Scott Kenney Bruce Colton Diamond Litty John Bruhn Reggie Sessions Gary Wilson Tony Cooper Dale Armstrong Edward A. Stubbs Mike Gifford Julia Iversen Dr. Gains Vera Harrell Sylvie Kramer Dianne Walgreen Rev. Dr. Joan'es Martin Linda Dusanek Oraanization Juvenile Justice Judge St Lucie County . State Attorney's Office Public Defenders office County Commissioner City Commissioner Chief Deputy Sheriff St Lucie County DEA (Drug Enforcement Administration) Alcohol Tobacco & Rrearrn US Marshals Office Southern District Chair Workforce Development Board Fort Pierce City Community Services Director St Lucie County School Board Chair Neighborhood Planning Advoæcy Team Kids Connected By Design Inc. St Lucie County Health Department Haitian Methodist Mission Director Fort Pierce Housing Authority Fort Pierce Police Department and St Lucie County Sheriff's Office. Florida EOWS FY2001 Solicitation · '-' Weed Policv Board Name Mike Graves Dianne Thompson Robert Sandifer Tammy Roan Dennis Mc Williams Charles Cangianelli Tom Bakedahl Benjamin Robinson Steve Barbarini Dorothy Belcher Michael Thompson Kenneth Goodman Seed Policv Board Name Jose L. Farinos Harriette Rowe Adriene Jefferson Julie Arnold Greg Vaday Reggan Ellis Mike Ednoff Beth Ryder Betty Robinson Helga Snur Keith Early Pete Keogh Dr. Joan'es Martin Rev Carlos Sean Boyle James Chambers Toby Philpart David Cleveland Douglas Glover Jacqueline Steele Willie Redden Jr. ....,; Management Structure 2 Steering Committee Oraanization Captain St Lucie County Sheriff's Office Lieutenant St Lucie County Sheriff's Office Commander Fort Pierce Police Department Sergeant Fort Pierce Police Department Lieutenant Fort Pierce Police Department Director of Building and Code State Attorney's Office Department of Juvenile Justice Alcohol Tobacco & Firearms Florida Department of Corrections US Probation Office AJcohol Beverage & Tobacco Oraanization Associate Dean Indian River Community College Director Victim Service State Attorney's Office Director NW Center (IRCe) Counseling and Recovery Center Treasure Coast Regional Panning Economic Dev. City Fort Pierce Ave D. Economic Development St Lucie County Economic Development Div St Lucie County Community Service Director Department of Children and Families Director St Lucie County Health Department City of Fort Pierce Park/Grounds St Lucie County Leisure Services Haitian Methodist Mission Hispanic Methodist Mission Children's Services Council Lincoln Park Business Association Sunrise City CDC Habitat for Humanity Director One Stop Jobs & Training Program Specialist School Board SLC SLC Recreation Coordinator Fort Pierce Police Department and St Lucie County Sheriff's Office. Florida EOWS FY200l Solicitation 12/14/01 F7:ABWARR FUND 001 001140 001143 001259 001261 001269 001809 101 101001 101002 101003 101006 102 102001 102104 105 107 107001 107002 107003 121 - ') )121 140307 145201 145815 160 183 183001 183002 183004 185002 242 301 310002 316 316001 389 401 418 421 441 448 451 461 471 478 -.'-' ...., ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #11- 08-DEC-2001 TO 14-DEC-2001 FUND SUMMARY TITLE General Fund Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 Emergency Mgmt. Prep & Asst. FY 001 South County Stadium FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Blakely subdivision Fund Port & Airport Fund FAA Taxiway A-3, Airfield Signage Const. Parking Apron#405823-1-94-01 FCT- Pepper Park Addition SFWMD IRL 2001 License Plate Grant Plan Maintenance RAD Fund n_ Administrator-19th Judicial Cir Ct Administrator-Arbitration/Meòiat Ct Admin.-County Arbitration/Mediat c~ Admin.- Teen Court SHIP Housing Assistance FY 01/02 Port I&S Fund So. County Regional Stadium Impact Fees-Parks County Capital Transportation Capital Rouse Road MSBU Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities Renewal & Replacement Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities EXPENSES 199,657.34 65.56 22.71 4,119.72 1,918.00 10.85 12.27 236,249.62 160.55 749.00 7,052.17 58,103.11 25,330.33 963.74 1.42 1,786.95 2,873,494.16 7.70 1,182.15 10,985.22 68.94 1,706.50 220,887.08 90,126.07 7,578.94 3,828.36 10,955.69 1,683.04 343.22 50.00 115.86 15,023.10 212,001.28 23,539.52 11,106.31 8,178.89 228,459.00 987.45 97,238.60 41,941.10 94.26 12,650.42 4,769.47 2,681.40 26,079.00 24,710.34 392.70 3,789.76 PAGE 1 PAYROLL 24,110.00 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 0.00 0.00 0.00 12/14/01 F7.ABWARR FUND 491 505 505001 606 611 625 c _ ""w ...." ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #11- 08-DEC-2001 TO 14-DEC-2001 FUND SUMMARY TITLE EXPENSES Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Law Library 502.54 201,576.67 25,121.42 100,000.00 3,238.94 12,081. 63 GRAND TOTAL: 4,815,380.07 PAGE 2 PAYROLL 0.00 7,424.78 0.00 0.00 0.00 0.00 31,534.78 ,'w ....., 12/14/01 F7.ABWARR r vl'JD : 10 1 CHECK INVOICE VENDOR 00277534 12200896 Public Works Academy FUND TOTAL: ST. LUCIE COUNTY - BOARD DATA PAGE J VOID LIST# 11- 08-DEC-2001 TO 14-DEC-2001 - Transportation Trust Fund TOTAL 270.00 270.00 "-'" AGENDA REQUEST ...., ITEM NO. C-2 fI" DATE: December 18, 2001 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] PRESENTED BY: þ.~~~,~ 110nald B. Wesj, P.E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: Smallwood M.S.B,U. Potable Water Improvements - FPUA Request Permission to Advertise for the Initial Public Hearing BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends acceptance of the petition and that permission be granted to advertise for the Initial Public Hearing. In the opinion of staff, this public hearing is recommended to be held on February 5, 2002 which is a "night" Board meeting. COMMISSION ACTION: ENCE: [XJ APPROVED [] DENIED [ ] OTHER: D s M. Anderson County Administrator Coordination'S la natures [x]County Attorney [x]Public Works Dir ,(~/ [ ]Finance fJl [ ]Mgt. & Budget [x ]Co. Eng 1y'Ñ . ( [ ]Purchasing ~:p I\C1MSBU Coor '" . IIW' .-' COMMISSION REVIEW: December 18, 2001 ENGINEERING MEMORANDUM 01-341 TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald B. West, County Engineer December 5, 2001 Smallwood MSBU Potable Water Improvements - FPUA BACKGROUND Property owners along a portion of Smallwood Avenue in the White City area have submitted a petition to St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.) to fund the costs necessary in bringing potable water and fire protection improvements to their area. Seven of the thirteen owners signed the petition, representing fifty-four (54%) in support of the Project. An informal meeting was held on November 29, 2001, with the residents to discuss Fort Pierce Utilities Authority as the utility service provider, the conceptual design, MSBU process, and to provide the residents with a rough estimate of the cost. Based upon the consensus of opinion of those present at the meeting, it was determined that the County should proceed with the MSBU project. RECOMMENDATION Staff recommends acceptance of the petition and that permission be granted to advertise for the Initial Public Hearing. In the opinion of staff, this public hearing is recommended to be held on February 5, 2002 which is a "night" Board meeting. BP cc: Staff Concurring Finance Director OMB Manager :J aJ<, (/):J(/) :Ea..z W LL 0.... --0 zo:::l-o W W ¡:::N ~I-WD:: .... è:( a.. ~ C3:W::E o W ~~ ~..JCW ;>aJ-C ..J......J ..Jj::<C <CO> :Ea.. (/) I/) 1/)1/) ::::I W I- II:: iiig « w ~ !;¡;I- ul/) I/) ~ff ::::¡ II:: õ( c ::E ~ II:: w Z ~ Ow ~~ W 11. o II:: 11. 11. 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SMALLWOOD AVENUE MSBU - 4 - '-' AGENDA REQUEST 'wJI ITEM NO. C-2B DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: »~&~.~~ {Donald B. Wes , P.E. County Engineer SUBJECT: River Branch Estates M.S.B.U. Potable Water Improvements - PSL Request Permission to Advertise for the Second Public Hearing BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: May 5; 1998 - Board accepted the petition and granted permission to advertise the Initial Public Hearing. June 2, 1998 - Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project. March 14,2000 - Board approved the Interlocal Agreement with the City of Port St. Lucie RECOMMENDATION: Staff recommends that permission be granted to advertise for the Second Public Hearing. In the opinion of staff, this public hearing is recommended to be held on January 15, 2002 which is a night Board meeting. COMMISSION ACTION: bd APPROVED [ ] OTHER: [ ] DENIED [x]County Attomey ~1J, ~ Coord! nation/Signatures [x]Public Works Dir [ ]Mgt. & Budget [X]Co.Eng ~~, ( [ ]Purchasin9 [X ]MSBU coor§p [ ]Finance WIi\ '- ~ COMMISSION REVIEW: December 18, 2001 ENGINEERING MEMORANDUM NO. 01-342 TO: Board of County Commissioners FROM: Donald B. West, County Engineer DATE: December 6, 2001 SUBJECT: River Branch Estates MSBU - Potable Water Improvements - PSL Request Permission to Advertise for the Second Public Hearing BACKGROUND: The property owners of the River Branch Estates Subdivision petitioned St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.) to fund the costs necessary in bringing potable water improvements to their subdivision. The petition represented seventy three (73%) percent of the property owners in support of the project. The water system would be provided by Port St. Lucie Utilities. On November 29, 2001, the property owners were notified by mail of their tentative assessment and that an informational meeting would be held on December 13, 2001 to discuss the key issues of the project. The notification also stated that the County Engineer would proceed soon thereafter to the Second Public Hearing, recommending adoption of the assessment roll and to commence construction of the project. RECOMMENDATION: Staff recommends that permission be granted to advertise for the Second Public Hearing. In the opinion of staff, this public hearing is recommended to be held on January 15, 2002 which is a night Board meeting. cc: Staff Concurring OMB Manager Finance Director Tax Collector Property Appraiser it-- REESE, I.H. (3-0<)3-5).- 0096 -000/6 J 2. 47 AC. N(rto.. C, C. (3<03-5)2 -0095-00019 ..:iII AC. DORAN, 0.0. (312-0001-000/.) 9. 43 AC. i' IS ~ _liJLD I V I S JON ~ca:.¡vISI"" N~ ~I[, - :M<"'~ PLAT 51!) - T(¡... Of ""!TE CITy ~I[, i'~ ;jl[. 1;)1< ¡ ~¡..¡T~ )lD INDEX I.D. PB 1 ORB ].403-5ù2 1 )404-5ù1 1 "0" -80~ .. 3<0.-801 5 34v. -&)2 5 }40.. -8004 9 )404-603 9 "U114._AtJF. .8 PC. 2J 21&20' 10. n [,(¡ 40 6. 6 9 ClHOf. CREEK 10 ORIFTWOOO.......œ - SECTI~ 1'00 II RI\'t:R HAW)(X 12 RI\'t:R HAW)(X AOO!TI~ 13 ORIFTWOOQ"""'¡¡¡ - SECTI()o 1'"'1:£ I. Rlv£R I'I\ANCH £S1A1ES 15 SOOTHERN OM ES1A1ES 3404-701 340. -607 3404 -702 3404-)13 340. -aœ :J404 -809 :J40.-710 ..... G5~ 'Ins. I.P. (Ta) (~"~I-GIOI.oQQOJO) I." At. ST lllClf m..wrr (~·S)l-ot07-OC:017) 1.66...C. ..... ¿ATISCH, ILL (J403-::D2-IOð-<XJ0/4) 5.51 AC. CEROI. J. (3403..m~IOII-o:o.rI) l.03'" UC'CMTT J." o. 51 lot.. HAlI'T ,C. (3403-::Ðl-ilIIO-<XJO/I) ..06 AC. .s. 18 9 20 20 2J 2 LròR£ COfIO£O 2) 35 28 2 )0 18 EXHIBIT B ''--- '-' AGENDA REQUEST "'wI ITEM NO. C-2c DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: (~~~et,·~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Consultant Agreement with Houston Cuozzo Gr9up,lnc.- S. ~5th Street Landscaping ,"--- -'-.., // ....., BACKGROUND: / '\ The attached consultant agreement with Houston Cuozzo Group, Ing.,Æ's to provide landscaping services on S. 25th St. Phase II. The scope ~_will-iflctuâê public presentations, construction management, and construction observation for a total not to exceed $10,600.00. FUNDS AVAIL.: Funds will be made available in 101006-4116-563005-4109 and 101006-4116-563012-4109 Transportation Trust-Impact Fees PREVIOUS ACTION: Staff recommends approval of the consultant agreement with Houston Cuozzo Group, Inc. for landscaping services on S. 25th Street, and signature by the Chairman. RECOMMENDATION: COMMISSION ACTION: CE: [xJ APPROVED [ I OTHER: [ ] DENIED [x]County Attorne / Coordination/Sianatures m L1 [x]Mgt. & Budget tþf!) 1"\.. V / [x]Co. EnQ Vß'µ [x]Revenue Coord.~ [x]Originating Dept. Public Works []Other [ ]Finance (check for copy only, if applicable) houston cuozzo agmt.ag ~ ~ ...J CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of November, 2001, by and between ST. LUCIE COUNTY. a political subdivision of the State of florida, hereinafter referred to as the "County", and HOUSTON CUOZZO GROUP. INC.. hereinafter referred to as the "Consultant", WITNESSETH: WHEREAS. the County desires to retain the professional services of the Consultant to provide landscape services on the South 25th Street project; and, WHEREAS. the Consultant desires to provide the County with such services. NOW. THEREFORE. in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is as follows: G;\atty\agreemnt\houston cuozzo - 25'" st -1- PART I PART II PART III '-' ....." PUBLIC PRESENTATIONS ., / ' j \' 1. 2. 3. 4. 5. Prepare for and attend second BCC Presentation- Prepare for and attend homeowners community meeting Prepare for and attend City of Port St. Lucie City Council Meeting ..- Prepare for and attend joint City/County public meeting _ Prepare for and attend third BCC presentation (January 15, 2002) -- 4.~§/1 . .4»J,~ CONSTRUCTION MANAGEMENT ~-Ý 1. 2. 3. 4. 5, 6. Prepare approved bidder contractor list in conjunction with coûñtystaff Prepare special contract conditions as directed by Client Meet with contractors in pre-bid meeting to review plans & specifications Answer contractor questions during bid process Review bids with Client & prepare recommendation's letter Assist Client with contract preparation utilizing A.1.A. or County approval format Coordinate with selected contractor (landscape & irrigation) regarding schedule, bonds, site conditions, and inspections Prepare and submit SfWMD irrigation withdrawal permit. Application fee to be paid by Client 7, 8, CONSTRUCTION OBSERVATION 1. Review samples of all plant material to be utilized for approval prior to shipping (photos acceptable with appropriate tagging) Site visits during installation to inspect material, installation techniques and site conditions (three visits auto-updated) Site visit to confirm appropriate irrigation coverage (one separate visit anticipated) Preparation of field observation memos as needed Review contractor payment requests and forward to Client with written recommendations final project sign off at acceptable completion of work and preparation of final plan revisions, if necessary Inspection of plant material at end of guarantee period (six months & one year) and prepare written report and recommendations 2. 3. 4. 5. 6. 7. G: \atty\agreemnt\houston cuozzo - 25'" st -2- · . '-' 'WI 3. PROJECT MANAGER The Project Manager for the County is Donald B. West at (561) 462-1707. The Project Manager for the Consultant is Michael Houston at (561) 221-2128. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 4. TIME OF PERFORMANCE The Consultant shall complete the work in accordance with the schedule attached as Exhibit· A". 5. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement in a lump sum amount of $10,600.00 broken down as follows: PART I Public Presentations Lump Sum $2,600.00* *Presentation Services *Final BCC $1,750,00 $ 850.00 PART II Construction Management Lump Sum $4,500.00 PART III Construction Observation Lump Sum $3,500.00 All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. G:\atty\agreemnt\houston cuozzo - 25" st -3- \w "-' 6. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Consultant, the following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. 7. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its G:\atty\agreemnt\houston cuozzo - 25th st -4 - ~ ....., reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 8. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 9. SUBCONSULTANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. G:\Qtty\Qgreemnt\hQuston cuozzo - 25" st -5- "" ....,.; 10, AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBUC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 12. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits, The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. G:\atty\agreemnt\haustan cuozzo - 25" st -6- \w .-..,.1 Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. 13. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, and Agents, and indemnify the County, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are determined by a final, non-appealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the County, but only to the extent of negligence of the County or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms 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, attorney, paralegal and legal G:\atty\agreemnt\houston cuozzo - 25" st -7- \.f 'wi 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. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents,and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce" Pierce, FL 34982 With A Copy To: St, Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 As To The Consultant: Houston Cuozzo Group, Inc. 735 Colorado Avenue, Suite 1 Stuart, FL 34994 G;\atty\agreemnt\houston cuozzo - 25" st -8- '-' -..I or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPUANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CONFUCT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the G:\otty\ogreemnt\houston cuozzo - 25" st -9- '-" "'" Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement 23. UTIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 24. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 25. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the G:\atty\agreemnt\nouston cuozzo - 25" st -10- .' '-' \wi mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26. 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 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 accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: HOUSTON CUOZZO GROUP. INC. BY: Print Name: Title: G:\atty\agrumnt\houston cuozzo - 25'" st -11- '-' '-' EXHIBIT "A" S, 25TH STREET LANDSCAPING PROJECT SCHEDULE December 15 Final construction documents submitted to Engineering staff for review and approval December 31 Plan and specification additions and/or revisions as necessary January 15 BCC presentation by consultant February 1 Advertisements for project bids February 15 Pre-bid meeting with contractors March 1 Bids due to County March 31 BOCC review and approval of selected contractor April 28 Construction mobilization and commencement G:\otty\ogreemnt\houstan cuozzo - 25" st -12- '" "" AGENDA REQUEST >..",I ITEM NO. C-2d DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: ,~~ Donald B. We t, P.E. County Engineer SUBJECT: Consultant Agreement with Warner Global Consulting, Inc. for Professional Engineering Services BACKGROUND: The attached consultant agreement with Warner Global Consulting, Inc., is to provide civil engineering and project management services from January 1, through December 31, 2002. The terms of the agreement are for 20 hours per week at an hourly rate of $37.87, for a total not to exceed $39,384.80. FUNDS AVAIL.: Funds will be made available in Trans Trust/Local Option 101003-4113-563005-4108. PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends approval of the consultant agreement with Warner Global Consulting Services, Inc., for civil engineering and project management and authorization for the Chairman to sign, COMMISSION ACTION: ~X] APPROVED [ ] DENIED [ ] OTHER: I Anderson y Administrator coordination/Sianature~ [x]Mgt. & Budget 'b?fi [x]Co. EnQ ß¥ ~ . r [x]Revnue Coord ~A t1 [x]County Attorney [x]Originating Dept. Public Works ¿~ ,. #r []Other [ ]Finance (check for copy only, if applicable) warnerglobal2.ag '-' ....., CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of December, 2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and WARNER GLOBAL CONSULTING, INC. hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the County desires to retain the professional services of the Consultant to provide general civil engineering and project management services; and, WHEREAS, the Consultant desires to provide the County with such services. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2, SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is to provide the County with general civil engineering and project management services twenty (20) hours per week during the term of this Agreement. The County agrees to allow the g: \atty\agrutnnt\warner global-02 -1- \w -...J Consultant to use office facilities in the County Administration building as determined by the County during the term of this Agreement. 3. PROJECT MANAGER The Project Manager for the County is Donald West, P.E., at (561) 462-1707. The Project Manager for the Consultant is Mark E. Warner, P.E., at (561) 219-4433. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 4. TERM The term of this Agreement shall be from January 1, 2002 to December 31, 2002. The parties reserve the right to extend the term upon mutual agreement. 5. TIME OF PERFORMANCE During the term of this Agreement, the Consultant shall provide the County with services for twenty (20) hours per week. 6. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement as follows: Consultant shall be paid biweekly based on twenty (20) hours per week at an hourly rate of $37.87, with a not to exceed amount of $39,384.80. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 7. DEFAULT; TERMINATION A. FOR CAUSE g:\atty\agreemnt\warner glabal-02 -2- .... ...., If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Consultant, the following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. 8. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and g:\atty\agreemnt\warner global-02 -3- '-' ..., County shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party, 9. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 10. SUBCONSUL T ANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. 11. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts g:\atty\agreemnt\warner gloOOI-02 -4- , \w 'wi charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 12. PUBLIC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 13. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, and Agents, and indemnify the County, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are determined by a final, non-appealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the County, but only to the extent of negligence of the County or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms 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 g:\atty\agreemnt\warner global-02 -5- '-' .." 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, attorney, 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. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. NOTICE All notices, requests, consents,and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 As To The Consultant: Mark E. Warner, P.E. Warner Global Consulting, Inc. 287 S.W. Salerno Circle Stuart, Florida 34997 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by g:\atty\agreemnt\warner global-OZ -6- \...; -...J 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. 18. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 19. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 20. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 21. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the g:\atty\agreemnt\warner glabal-02 -7- '-' ....., nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement 22. UTIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 23. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneouS as to necessarily imply bad faith, or not be supported by substantial evidence. 24. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. g:\atty\agreemnt\warner global-02 -8- ~ ...,; 25. 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 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 accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: WARNER GLOBAL CONSULTING, INC. BY: Print Name: Title: g: \atty\agreemnt\warner global-02 -9- 11' ............. '-' AGENDA REQUEST ""'" ITEM NO. C-3Ç\, DATE: Dec. 18,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Approval of Amendment to the City of Pt. St. Lucie Interlocal Agreement (Traffic Control and Security-St. Lucie County Sports Complex). BACKGROUND: On November 28th, the County received the attached notification that the City of pt. St. Lucie Police Department was increasing the hourly rate for Off-Duty Details. An amendment to the originallnterlocal Agreement is required. FUNDS AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve amendment to Interlocal Agreement (Traffic Control and Security-St. Lucie County Sports Complex) with the City of pt. St. Lucie as drafted by the County Attorney and authorize the Chairman to sign. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Originating Dept: 11r /2~ Coordination/Siqnatures County Attorney: Mgt. & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\PSL Police Interlocal Amendment agenda.wpd ÚM~y OF PORT ST. LUCIE '..",I POLICE DEPARTMENT 121 S.W. Port SI. Lucie Blvd. . Port St. Lucie, Florida 34984 John M. Skinner Chief of Police (561) 871-5000 340-2013 (FAX) November 28, 2001 Mr. Michael Leeds Leisure Services Director 2300 Virginia Avenue Fort Pierce, Florida 34950 Dear Mr. Leeds: Please be advised that the hourly rate for Off-Duty Details provided by the Port St. Lucie Police Department has increased effective January 1, 2002. The new rates are as follows: Officer Hourly Fee Plus 5% Administrative Fee $25.00 1.25 Total Officer Hourlv Fee $26.25 Supervisor Hourly Fee Plus 5% Administrative Fee $27.00 1.35 Total Supervisor Hourlv Fee $28.35 If you have any uestions in this regard, please do not hesitate to contact me at 871- 033., '1 ' fL I /ÿ' "~~~ " t. John Gojkåvich District Support Services Port St. Lucie Police Department {I JG/fi Cc: Mets Stadium Coordinator An Intcnw.ionall)" A~,(,rNjlCd La.. enrDf'CCmen1 ~gcncy An Equal Opportunity Employer '-" ~ FIFTH AMENDMENT TO INTERLOCAL AGREEMENT (TRAFFIC CONTROL AND SECURITY - ST. LUCIE COUNTY SPORTS COMPLEX) THIS FIFTH AMENDMENT TO INTERLOCAL AGREEMENT by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the CITY OF PORT ST. LUCIE, a Florida municipal corporation, hereinafter referred to as "City". WIT N ESSE T H: WHEREAS, on June 21, 1988, the parties entered into an Interlocal Agreement, hereinafter referred to as the "Agreement", which was recorded in Official Records Book 593, pages 1800 through 1802, of the public records of St. Lucie County, Florida, which provided for the City to furnish off-duty City police officers to the County to perform traffic control and security during scheduled events at the St. Lucie County Sports Complex. WHEREAS, the parties subsequently amended the Agreement on June 20, 1989, May 19, 1998, and March 24, 2000, and May 10, 2000, to reflect increases in the hourly wages paid to the City's police officers and supervisors, which amendments were recorded in Official Records Book 644 at page 321, Official Records Book 1155 at page 2201, Official Records Book 1287 at page 2865, and Official Records Book 1301 at page 1179 of the public records of St. Lucie County, Florida, respectively; and, WHEREAS, the City intends to further increase the hourly wage paid to its police supervisors effective January 1, 2002; and, WHEREAS, the parties desire to further amend the Agreement to reflect the planned g: lagreem n tlin terloe\5 a - ps I-see. wpd 1 '-' ....., increase in the hourly wage for the City's police officers and supervisors. NOW, THEREFORE, in consideration of the premises and undertakings contained herein, the parties hereto agree to amend the Agreement as follows: 1. Paragraph 3 shall be amended to read as follows: 3. In return for the faithful perfonnance of the services provided in accordance with the tenns and conditions of this Agreement, the County agrees to pay to the City twenty-six and 25/1 00 ($26.25) dollars for each hour of service provided to the County by a police officer and twenty-eight and 35/1 00 ($28.35) dollars for each hour of service provided to the County by a police supervisor. The rates set forth herein include a five percent (5%) administrative fee. 2. The rate increase provided herein shall be effective January 1,2002. 3. All other tenns and conditions of the Agreement, as amended, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment on the dates below written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g: lagreemn tlinter! oel5 a- ps I-see. wpd 2 ATTEST: '-' Deputy Clerk g: \agreemnt\in ter lae\5 a -ps I-see. wpd ..." CITY OF PORT ST. LUCIE BY: Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney '> J ~ ~ AGENDA REQUEST ...., ITEM NO. C-3b DATE: December 18.2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Parks & Recreation/Golf Course PRESENTED BY: Peter Keogh, Parks & Recreation Director SUBJECT: St. Lucie County Fairwinds Golf Course parking lot and cart paths sealcoating and asphalt repairs. BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds are available in Golf Course Grounds Maintenance Account 418-7250-546300-700. PREVIOUS ACTION: During the budget process for Fiscal Year 2001-2002 the Board approved funds for this project in the amount of $23,300. RECOMMENDATION: The Parks & Recreation/Golf Course staff recommends the Board of County Commission: 1. Approve for chairman signature the Amendment for Clay's Asphalt Contract No. 01-10-074 for additional repairs to cart paths due to additional deterioration. 2. Approve expending of additional funds in the amount of $2,328 (total contract cost $22,054) Ix] APPROVED [] DENIED [] OTHER: COMMISSION ACTION: X) """" AO",."t X) Parks & Rec/Golf: -ç..--~ I/' Review and Approvals X)Management & BUdgel~ X) Purchasing: Eft. 11/4193 , '-' ...,,¡ MEMORANDUM TO: Board of County Commissioners FROM: Peter Keogh, Parks & Recreation Director VIA: Timothy Coolican, Golf Course Manager DATE: December 18, 2001 RE: Fairwinds Golf Course Amendment to Contract 01-10-074 During the budget process for Fiscal Year 2001-2002 the Board of County Commission approved $23,300 for the repair, sealcoating, and removal of asphalt at Fairwinds Golf Course parking lot and cart path areas, as well as the restriping of the parking lot. Quotes were received and accepted totaling $19,726 from Clay's Asphalt (contract no. 01-10-074) Since the original quote, the cart paths have suffered additional deterioration; therefore, I am requesting the attached amendment be approved in the amount of $2,328 for the required additional work, making the total project cost of $22,054. Approved budgeted funds are available in Golf Course Maintenance Account 418-7250-546300-700 (Grounds Maintenance). RECOMMENDATION: The Parks & Recreation/Golf Course staff recommends the Board of County Commission: 1. Approve for chairman signature the Amendment for Clay's Asphalt Contract No. 01-10-074 for additional repairs to cart paths due to additional deterioration. 2. Approve expending of additional funds in the amount of $2,328 (total contract cost $22,054) attachment Proposal in the amount of $2,328 4 original First Amendments to contract 01-10-074 · '-' .....,¡ FIRST AMENDMENT TO CONTRACT THIS FIRST AMENDMENT, is made this _ day of 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY," and CLAY'S ASPHALT, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WHEREAS, on October 23, 2001, the parties entered into a Contract (the "Original Contract") whereby the Contractor agreed to repair and sealcoat the parking lot and golf cart paths at the Fairwinds Golf Course; and WHEREAS, based on a more recent investigation, it has been determined that it is necessary to do additional work not contemplated by the Original Contract and, therefore, it is necessary to amend the Original Contract to provide for the additional work. NOW THEREFORE, in consideration of the benefits accruing to each party, the parties agree to amend the Original Contract as follows: 1. following: Paragraph 2 of the Original Contract is hereby amended by the addition of the In addition to the Work described above, it is agreed that the work to be done under this Contract shall also include the additional work described in Exhibit "A-1" to this First Amendment. 2. Paragraph 6 of the Original Contract is hereby amended to read as follows: 6. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, subject to adjustment by change order, the total estimated amount in current funds being: twenty-two thousand fifty- four and 00/100 dollars ($22,054.00). 3. Except as specifically amended herein, the remaining terms and conditions of the Original Contract shall remain in full force and effect. -1- " '-' '-' IN WITNESS WHEREOF. the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CLAY'S ASPHALT WITNESSES: BY: Print Name: Title: c:\WrNDOWS\ TEMP\Clays Asphalt lA.wpd -2- '-' ,.., 11/11/2eel 23:19 '5614658&11 a../I'I'S /lSPHALT P/IGE al 0''''''. ~.-~"'·£r I 331 t 0Iø.œr Av.nta. Fort PIIwœ. FL )f882 E"""" ~L.· ~""bIiIIIaUIf'I.nIt Fort ~ (ee1) ~11S4 V.ro 8e8ch (611) 2:31-8711 stu.11 (!le1) 283-1713 F.. (1181) ....." !. I,· i' .~ IJIØl/H~1( I J:Gn .~.At c To: F8IrwlndI 00Iøf CoutM Job ....; CM P8th PIIIIDhIn¡. ..... 0IIeI: November 12, 2Q01 4400 FWmindt OItIe F1 p~ F1arIåI Phorw se1 ~1773 Aatn: Cfv'- ~ F..: 5fJ1~.188' PATCHING: ~ 1IppIOKm.tety fi4 8If Of QIrMged æphaIt ~ Sll\¥'Çut and/or ~ert.y ~ S4 høt p&ent mix ...... RaIl WId -..,..d Tile 11M elF """" up d ( 11) 3' X 3' ell' wmII '*'_ ( 1 ) r X air. ( 1 )". X.. (1)3'Xea (1)300SlFT~. ... .......... ................. ............'..." '" ...... ...... ................... . u.. ..... ............. .... .......... . 2,328.00 we ~~1D1\mlll1ICØ lid ~ -~ In _41._....1'- eø..~., IUrhun ~. 2.328.00 CIIr'. ~...- . ~_. _.A,,"" IIId rr*1II fIr . ~ tI_ ~fn:Im U. c.- d _, J f '\. 11IiI _ .. .... -IIIIINO& IaInICI by ...... _A. .....d~arllPlY~,.".-, ...~ÌI.........IÞÞI........ MWCI'IfIl__......,........I I~ ~ ICICII:IIGI"O III..... II1I:IIœa. It __,_.. .. _6.-. UIQ'\....-. eddlnllIr d-.,. ~ aut orMIL Nell IW., ,... f\:r -,. 4 ~ ... CIIIItItII: w.IW, .......... r ... "'t). ""......., ~........ -'" ACCæn'ANt:. 0' 1'INJ/I'Ø8AL ~ 'I'IMNT TO _.ADI! AS I"OU.OWS: II" C&"OStrfJ1. ''''(IØJ; 8AJ.NICE (t1,1N.OO} O«Æ UMJN COfI~ OF.IOA The ûM pt\oM, ~Ia IDI coodICIonl ani htnC¡y ~. IIIITIIhe IeQII owner Of IM'I'In ~ You_ .u'IhcIrtud 10 liD 1M WOÑ _ spCfi_, p~ d be made.. QUdlnecl aÞcM. DepoIillllII1I noII·refundIItM. Nrt eIq* -, 191 ()I DfhIr 1... "* .,.,~ œ-ID I:dIKSIng!hlt CIIÞt.... De 81 the QIIIøm".""". Nrt ........ or ...~O'I rrom --- ~ irMIMne .,. cøa. wII be -- Oftt uøon'ill'l1tMl1 orWw. .m will ~. .. eatra chirp ow- - IbcM IN 8Itim". Thll ll'DXllMl1l1UlUKt1D ..-~._wIIP\IrIm~Md Ie void ~_... opIIOfI otCWy'.~. 'T\'U...~ ~._ . I8gIIIlIIndfnv CJDnfrwd ~ eltnecr. o.a ~ ~. Asphlllt. now ofteta ~ eonctWfe cumlngl C.II 1'0'. "'" ..ø",... .. TO ¡¿¡ l~¡V¡¡ S(]~I\\M¡\'.:I IS6T Z9t t9Ç T XV.:! 90 Ot to'CI/Tt \....- '-' AGENDA REQUEST 'WI ITEM NO. C-3c DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Approval of Ramey Rug-Carpet One contract and Budget Amendment # BA02-109. BACKGROUND: Endura rubber tile matting and 5' curbing to hold back water in shower doorway is being placed in the player's shower area at the Thomas J. White Stadium for safety reasons. Six foot curbing (6') to hold back water in Coach's personal shower is also being installed. Ramey Rug was the only company that responded with a quote ($7,909) and could complete the job by the January 2, 2002 deadline. The other companies contacted were either non-responsive or were unable to do the work. FUNDS AVAILABLE IN: 461-75201-563000-700 (Sports Complex Maint.-Improvements Other Than Buildings) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve the contract with Ramey Rug-Carpet One as drafted by the Attorney's Office, authorize the Chairman to sign and approve Budget Amendment # BA02-109. [ ] APPROVED [] DENIED [X] OTHER: Pulled prior to meeting. NCE: COMMISSION ACTION: County Attorney: Coordination/Siqnatures Mgt. & Budget: "'1 '--fì1fY\{' S)- Other: Purchasing Mgr.: ~ Originating Dept: Other: Eff.1/97 H:\Agenda Mets Endura Tile Showers.wpd lJl:.L.-...,:Þ-t::I... v.,;;:};;) Hl"l ~rU"I~ '--......" .....L..,-" . ...... J'O\l "r, ( U! U::!: uup 7 ~ r~ul\e~ I"UC \wi 5613349441 ....., 7f-;;¡Y--L,\ (Ut-\ ~- G,,{.p,ct Ó-j..JL- - r- \ ç I "6 6~ l). .) U J 'ÇL '3LlC¡"52-. 'TI5V~ -;ì , LLl LV I '.' Nov\!mber27,2001 St. Lucie County Sports Complex Attention: Thoma.5 Row!:! 52S NW P~CQck Dlvd. 1\)11 St. LudIC, Jõ\. 34986 Prllf)o"l: IIIIILalUng ElId\lr8 Tile ¡a Playcr'. Main Shower Area ",¡th II S' C.rbIQ~ al tll. Shower dQor way It the Spor1'l Comph:x, Prep ~11d t1L1At tloor, in~tlllI Ëndura tiles. install An S' curbing to hold blu:k water in the Shower doorway C:(1I\~tnrct~ as follows: Concrete brick structur~ Socur¢d with V. " ~ 0/. T:\p cons 'fhm tI\e structure will be formod with Ii mi¡¡ture of ~upcr mallOnar)', portland cemcnt to a~c~pt 6 x. 6 quarry tile;¡ The qUIIIT)' tilc~ will be grouted with a quarT)' WI)'1r grollt. Total 56,864.00 Noll! : No lalell TiIX ¡"cluded sct}:~J~ Dee 01 01 05: 51p rame>'1 rug '-" 5613349441 p.2 ...." November 27. 200 I St. Lucie County Sports Complex Attenlìcm· Thomas BoweH 525 NW Peacock Blvd. Port St. Lucie, Fl. 34986 Pl"Oposal: Install a 6' curbing to hold back shower water in the Coach's personal shower. No sales t'ax included Total $1,045,00 Thank you . ()~[..-f- .. '-' ...." BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: PARKS AND RECREATION 12/07/01 12/18/01 TO: 461-75201-563000-700 IMPROVEMENTS orr BUILDINGS $7,909 FROM: 461-75201-546300-700 GROUNDS MAINTENANCE $7,909 REASON FOR BUDGET AMENDMENT: TO COVER EXPENSES FOR THE INSTALLATION OF RUBBER TILE MATTING AND CURBING AT THE SPORTS COMPLEX. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: IV( n11 ~ BA02-109 G:\BUDGET\QUA TTRO\G ENERAL \FORMS\AMEN DM02. wb3 ).....-- ~ AGENDA REQUEST ...., ITEM NO. C-3d DATE: 12-18-01 REGULAR [ ] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh SUBMITTED BY (DEPT) : Parks and Recreation SUBJECT: Marine Center staffing BACKGROUND: When the FY01-02 budget was prepared for the Saint Lucie County Marine Center, funds were budgeted for part time temporary staff in the amount of $20,000. However, employees needed to adequately staff this facility work on a regular schedule and exceed the definition of part time temporary workers. Staff has discussed this discrepancy with the County Administrator and he has approved establishing two part time/with limited benefits positions using the funds now budgeted for the part time temporaries and other available funds. These employees work on the admission desk, assist Smithsonian staff in scheduling tours and events, and serve as back-up for Gift Shop personnel. FUNDS AVAILABLE: Total salary/benefits amount to Funds will be made available by transferring funds from Marine Center Salaries-temporary employees(001-3730-513100-300) and Other Contractual Services (001-3730- 534000-300) to Marine Center Salaries-part time employees (001-3730- 513000-300) . RECOMMENDATION: Staff recommends approval of reclassifications RC02-023 and RC02-024 converting two part time temporary employee positions into two part time permanent positions/with limited benefits at the Marine Center. [x ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: County Attorney: ,)' \ / ''7li'I1 p~ Review and Approvals Management & BUdget"; ~0 ather: ~(~ Other: if applicable)___ Purchasing: Originating Dept. 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IJ) m- e" :Þ0 ([) ;;UZ ~ m J\);;U Q) °en e" 0 Q) ...... tD I ~ C J\) Q) c <: 0 (") 0 0 f" G) -§ m J\) -I 13' s: .... G) " » ;:¡; I} (') §7 -I .g , ::0 I» 111 I> :s ~ ~ IJ) ..... ..... ~ ~ Ìo.I (() 01 Q) 0 ~ 0 Co ~ ..... ~ ..",.,.. '-' "WI C:,3¿ PARKS & RECREATION BOARD OF COUNTY COMMISSIONERS To: From: Through: Date: Subject: Board of County Commissioners Linda Brown, Administrative Manager ø Pete Keogh, Director December 18, 2001 Community Parks System Master Plan Update The following is a chronologicallistJng of the Community Parks System Master Plan/Lawnwood Recreation Complex Master Plan progress to date: 'IS<I~'I"- Ii" "011: . ",wi' 1'1' '''''''~\7$;¡>IB'.' '''I'?II~",~r'>10.11111;;~~;.;,;i';''¥"YI **'*'* .. il'P t" w;;;¡Y;:as' ""lIrê""p~,- kl'11:1I'tallUn;;' lit II?Willilli..rJlig!J. ,g11: e4.trge"'S,, ;,;,}C,;d ;il1'f!'Wn1ilo-....~~,,",; &k:I~ August 8, 2001- Proposed "Community Parks System Master Plan" presentation by staff to the SLC Property & Homeowners Association August 14, 2001- Proposed "Community Parks System Master Plan" presentation by staff to the Cultural Affairs Council September 18,2001 - Contracts with Glatting Jackson approved. September 18,2001- Steering Committee invitations mailed. October 9, 2001- Executed copies of Glatting Jackson contracts received from County Attorneys office, October 9, 2001- Work Authorization forwarded to Glatting Jackson. October 12, 2001- Request to Community Development/GIS to prepare a Base Map as outlined in Part I Existing Conditions Analysis 2.4 (Please see attachment). 1 JOHN D. DRUHN. District No 1 , DOUG COWARD. Disrrict No.2' PAULA A. LEWIS. District No. J . FRANNIE HUTCHINSON. District NO.4' CLIFF DARNES. DlsrriC' NO.5 Counry Admifiisrroror - Douglas M. Anderson 2JOOVirginioAvenue. Phone (561) 462,1515 · TDD(561) 462-1428 ~ "-' ....., October 23, 2001- "Steering Committee" ratification request (Agenda # C-4). October 24, 2001- Kick Off Meeting scheduled with Glatting Jackson & staff (Staff has completed or is in the process of completing Part I Existing Conditions Analysis 2.3 -Review of Existing Documents/Client Responsibilities) (Please see attached status update) Kick Off Meetinf!; with staff and Glattinf!; Jackson was held to discuss plan. Information requested by Glatting Jackson was provided (Status Meeting Minutes Attached). November 2,2001- A follow-up conference call was held with David Kutner and Victoria Zinser Johnson, project managers representing Glatting Jackson and staff to begin finalizing the Community Parks System Master Plan Schedule. November 5, 2001- Staff rovided Glattin Jackson with the attached finalized schedule. November 9, 2001- Site visits to St. Lucie County's park and recreation areas were completed by staff and Glatting Jackson. 2 -. I" '-' """" cc: Doug Anderson, County Administrator Robert Bradshaw, Assistant County Administrator Dan McIntyre, County Attorney Millie Delgado, Recording Secretary Chron File 3 Q) - = "0 Q) .c: CJ 00 = co: ¡ '- Q) ... V} co: ~ e Q) ... V} » 'Jl V} .::a:: '- co: ~ » ... .. c = e e Q u c .:: õi '" o ...¡ - '" '" 'E " rr; '" S ¡: ;... " ¡:¡ .:.: .. .. ~ .. .... " ¡:¡ M S o o i:>::: ..... c o U U) ::J o '¡: ,; > c o ';¡:; '~ o U ~ ï:: ::J o U '- o '1::J .... ,; o c::¡ U ....:¡ rr; '" " OÛß '1::J > ¡:r¡<>::....:¡ ~ .~ t.l. b ~ ... '0- ";Ù ~ .... .... ~.~ IU ....>0: ~8 t OM 0 i:>:::N"-< i:: ,; VJ i:>::: o( D-. "0 C ¡o; C o U) ... U ¡o; ....., '1::J C ¡o; OJ) ,,3 '" 6 .::; '~ a- ~ v; ... .... o ~ " ~ 's E o u tJj c .:: " " VJ J!J ';¡:; >= .o:¡ i:íj ~ a- o o ..;;: , å oj o <;1 '" å P- o '? 00 , å P- o '? '" >. ... :-s! .... 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"0 ,S ,,¡ ~ e.n ~ 0'- OJ ¡:¡:¡>o: U8t ""¡""o UJN"-< c. ;:: v; ..:.:: .... o ~ ÒìJ :: <:í ~~ - ü õ '" .V) ~ .~_ ,G := .= E:ë o ::J uê '" .. '" .0 S os -= U = C) .¡;:; '" ïª s C) U è" = ::I ::I C C) ~ U<...¡ "; .~ ¡¡" "'CI .5 .. ; ~ ~ o -- ~ =>~ uo... ...¡o" <J)~~ . Q, C) -= ~ .. ~ .9 - '" .. ~ = Q .¡;:; '" ïª s Q U ,..., t>.O .5 ... '" '" ~ ,~ :E " ¡:.., '-' , ¡oj P- o <;1 <'1 ¡oj P- o "" - ~ ,; "0 U) '" ::: f- >. os "'CI '" '" ::I ¡... , N ° 10 N N o o N . ~ Ñ - 1! ...., N .¡: Q, -<I: >, .... ¡o; " .... .J:) OJ t.:.. '" .. '" .0 S os -= U = C) .¡;:; '" ïª s C) U ;...'" :: ê " .. C) ... u<...¡ "; .~ ¡¡" "'CI C .. J. .- c,.¡ ~ ~ a.. - .- '" =>Ä: Uo- ...¡~~ (/JM'" ..; ~ .::: '" ... ... ~ ~ " ~ ~ § '" '" ~ :: ð "<:I § §- .::: -E ~ ~ '" 2; ~ .::: ~ ... ~ Q, Q -= ~ .. C) ~ 0.0 ~ ",..., .. 0.0 ~ ,5 = a; Q .. .~ ::; 'ë s Q U " " ~ ::: ;; ð ~ ::: ;:: " " ... o'J ~ .::: ... ... ~ ~ ~ ": .~ :E ::I ¡:.., '-' Š Q. ° ..., .;.; I Š Q. o ~ ..... Š Q. <:> ...., .;.; I Š Q. <:> ~ ..... ¡:; ~ ;. '" ... ~ ~ l ::: :::: '3: ;... " 'C '" '" ::I ¡... ~ '" ~ .!; "<:I ::: '" ~ .~ ~ N o o N ~ ~ ,s ..... ..... .; C ::I .... ~ ¡..., ~ .. '-' '-' S1. Lucie County Parks Svstem Master Plan Steerin~ Committee Meetine November 28. 2001 Attendees: Chuck Proulx, Larry Jennings, Jay Stewart, Robert Taylor, Paul Williams, John Picchiarini, Harold Phillips, Gayle Delman, Glen Rains, Doug Skidmore. Staff: Peter Keogh, Sonya Smith, Linda Brown, and Elaine W oociker. Glatting Jackson staff, David Barth, David Kutner and Victoria Zinser-Johnson. The meeting was brought to order at 5: 10 p.m. by David Kutner from Glatting Jackson, et al. David introduced the Glatting and Jackson staff to the committee. David suggested that the committee members go around the room and introduced themselves. INTRODUCTION: David Kutner addressed the objectives for the meeting in detail. The main object is to discuss and identify the County needs and priorities for the Park System, so the committee can create and develop a Vision Plan. David also indicated that there are several workshops scheduled in the future which will allow the committee to get together at key junctures throughout the project. Mr. Kutner began his Power Point presentation to show the committee Glatting and Jackson's Planning Process Time-line and their progress update. David stated that another reason for the meeting is to have the committee review and discuss the information presented by Glatting Jackson and contributing their ideas for the project, discuss developing a vision for the Parks System Plan, and delve into the needs assessment and analysis that Glatting Jackson have completed. The presentation also illustrated potential opportunities for developing new parks, potential deficits in parks today, examination of future needs (from demands that will occur within the next 10-15 years), and opportunities available to develop a system plan. OVERVIEW OF PROCESS: Mr. Kutner, explained that their process unfolds in four steps, they are: a) Existing conditions, B) Needs Assessments, C) Future System and D) Implement- ation and Action Plan. A) Identifyin~ Existin~ Conditions: The first is to assess the existing conditions, which they are in the process of. David stated that they are in the process of developing two base map, with the assistance of the county GIS staff, that show locations of all the parks and future land use information. David mentioned that they took site visits throughout the county to look at the parks. B) Needs Assessment: To identify needs and priorities and comparing that to state and local standards to begin to get a sense of how your Parks Systems compares to those standards and following it up with a series of consensus workshops to what the needs really. '-' ''''''; C) Future System: Develop a vision of what the existing needs are and what the vision is to be, as opposed to the future, And again, we will have a series of meetings about that and then begin to identify what the costs are related to developing the future vision. If you are in the future system you identify five million dollars worth of parks that you need to build and you recognize that you have 1 million capital budget to send. Then you will need to set your priorities and take a look at various options for funding, and various opportunities that also exist to partner with various recreation providers throughout the county to try and defray the costs perhaps. The first one to look at is the county municipal partnership opportunities that might exist. One of the procedures that Glatting and Jackson will be conducting is a telephone survey essentially trying to provide a wider net for input by combining the infonnation received from the public meetings and their assessment ofthe needs and asking in a representative sampling people fonn throughout the community what they think about what needs might exist in the community for additional new parks and recreational opportunities. Then develop a preliminary a community parks system plan or the vision and the preliminary implementation program throughout March and April with a final Community Parks System Master Plan presentation scheduled for the end of June. Mr. Kutner indicated that the Needs Assessment occurs in two stages, 1) Qualitative Analysis which is talking with the public, and; 2) Quantitative Analysis where a comparison is done of the County current conditions with the State standards by reviewing the population and demographics of the areas. David reported that all this infonnation gathered would be developed into a consensus model. He stated that the way to build a consensus model is to share infonnation back and forth among the county staff, steering committee, residents and stakeholders and the commission and that is an iteractive process where we continue to get a feedback loop where they continue to talk with you and ask for your feedback and we find our understanding of what your system and what your needs are at the time. The ultimate outcome of that will be a colored Executive Summary and a display poster (a couple of examples were available for the committee to review) the illustrated poster can be appended everywhere for the public to view our long tenn vision. In addition, Glatting Jackson will develop a Needs Assessment Analysis, which will accompany the detailed Executive Summary, as well as, the narrative and the map and then identify the costs and funding opportunities. D) Developine and Implementation and Action Prol!ram: David Kutner indicated that this is really what Glatting and Jackson's focus is. "We really believe that no plan is effective if it doesn't end with a clear and concise gains plan that strategy for the community to actually undertake the various projects that are identified in the vision plan". So not only do we identify what the different park systems or new program, but we also -2- '-' ...., identify who is responsible to undertake them and who will take ownership of them overtime and also what your funding is and what your phasing to implement those project over time. VISION OF PARK SYSTEM Mr. Kutner introduced a slide of a model version for an Ideal Park System. When we look at a park system it is made up of a set of integrated parks, (i.e. community parks, neighborhood parks, special use facilities, regional parks, linkages - sidewalks, bikeways and trails, conservation lands and beach and water access) all of these elements inter-relate to create your park system. The primary focus however, is on the community parks and the regional parks. David Barth asked the committee if they felt that the system is accurate to them, if this is the ideal system. He asked the committee to think about what need they feel are important for each of their regions. Mr. Phillips asked ifboth cities established facilities in the county would be included in the surveyor are they going to be excluded and are you consider their needs as part of the County's needs: David Barth responded by saying the county should focus on larger parks facilities and that cities are a better venue for the neighborhood park business for their local residents. In terms of local municipality needs, larger facilities are what we are considering because of the importance of the locations to avoid any overlapping of areas. Glatting and Jackson feels it is important to include all county residents, including municipal residents, in the larger parks facilities as a basis of understanding what is going on. Peter Keogh stated that certain issues have been addressed by the County. The County has acquired a substantial amount of acreage for Environmental lands ( i.e. Beach and water access). In respect to the neighborhood parks, several years ago, the County joined with the City of Fort Pierce in a series of Park Swaps, where it was decided that the City of Fort Pierce was better equipped to take care of the neighborhood parks and the County was better equipped to handle the sports facility maintenance and the district parks. Mr. Keogh also stated that County agrees that the linkages (i.e. trails and greenways) are very important for all of us to be connected so all of our facilities, whether they are individual jurisdictions or within the county, be accessible to everyone. Mr. Phillips asked if Port St. Lucie linkages plan would be included. Mr. Barth said they are not going to do any planning of them, unless the county wishes them to include linkage plans on the map, they would do that. However, the goal is to give the county a product that can be processed and updated with the flexibility to incorporate future material. Mr. Keogh mentioned that the county is installing a number of bikeways along the Hutchinson Island corridor and another is being addressed connecting the Savannas Campground area to Midway to a bike trail that it is in existence and extend it to US Highway One and all the way up through Fort Pierce. The county does believe in linkages. -3- '- ..., David Kutner presented an illustration of pictures of some of the county parks, as compared to other county park areas, such as Urban Open Spaces that are attractive and inviting to people such as, shopping plazas and parks that are within walking distance of downtown shops and residences. David remarked that there aren't any school parks, but several neighborhood parks. The ideal vision is to put neighborhood or school parks withinlO minute walk and/or Yz mile radius for every resident. Committee agreed that the neighborhood parks are important. DEMOGRAPHICS: (City vs. State) Community Parks/Centers NRP A standards for community parks and centers should be located within 3 miles where as the County standards are within 10 mile radius of every resident with 40% - 50% undeveloped for preserve areas and multi-purpose open space areas and size of that park would 30 -50 acres (NRP AlCounty standard). Due to the rapid growth ofthe area the County is playing "catch up "with the facilities and that is a big concern for the committee at this time. District/Re~ional Parks According to county standards 100 acres within a 60 mile service area radius. NRP A standards 50 - 75 acres in size. Larger scale than community with similar users. Natural and Passive Areas Natural and Passive areas (i.e. Savannas) and linkages such as, sidewalks, bikeways and trails would be linked to all of the parks and communities that are adjacent to them along with special use facilities such as, sports complexes, golf courses, skate parks, pools and special event areas (i.e. Lawnwood and South County Stadium). David Barth stated that one of the state wide trends is people are taking community parks and converting them to sports complexes. Due to the cost ofland, the communities are taking community parks and filling them with organized league sports facilities, including sports complexes. Mr. Barth pointed out that the committee would then need to distinguish where they want sport complexes versus where they want community parks. One would be for civic use (i.e. art shows, 4th of July activities) and the other for team sports organized play, tournaments, etc. Pete Keogh mentioned that the County is "land rich" sighting the Lawnwood area. Mr. Keogh mentioned that staffhas determined that there is approximately 15 - 20 acres of unused area that if not incorporated in our plan, we could possibly add passive and active recreation facilities (i.e. walking or bike paths, jogging trails, etc.). Mr. Keogh also mentioned that part of the initial discussion was for the county to buy and bank land and put it away until such time for development. -4- '\¡¡W ...., Chuck Proulx noted that Port St. Lucie is certainly not "land rich" and does not have any large parcels available for district parks. Chuck pointed out that 90% of the parcels have been platted out for single family homes. Most of the parks now are small with very large population. He believed that the smaller community parks would be a better option for the city. David Barth mentioned that the partnership linkages would be a benefit to the city and would help out the situation. David Kutner noted that a lot of the county's waterway and beach access areas are being developed from south to north along the coastline and putting a park in any of those areas are slim due to the fast development of the properties. Pete Keogh mentioned that the County is developing a Sports Policy to recognize and grandfather in specific groups that have been in the County for years and insure that they are recognized as the users. The County would like to be in the position of providing the stewardship of the facilities where we are maintaining, operating, expanding, making any changes that need to be done and then turning them over to the user groups. Glatting and Jackson handed out a survey for the committee to fill out and eXplained a few of the questions and gave each committee member 5 or 10 minutes to complete the survey. Before completing the survey, the committee suggested separating out categories and adding some new categories on the survey. Such as, BMX, Camping, Ice skating, Softball, Community Centers/Gymnasiums, Beach ftont parking, Ice hockey. It was noted also that shuffleboard should be added but is a low priority. Once the committee completed the survey, a tally was done on their answers to determine what they recommended as an immediate priority, what could be done in the future, and what would not be needed after completion of the immediate priorities and future needs, Glatting and Jackson mentioned that they would compile the information and convey the results to the committee with the Minutes ftom the meeting. After a roundtable vote and much discussion, it was noted that the committee recommended the following as the top ten priority needs: I) Aquatic Centers 2) Ball fields/community centers 3) Special Use facilities (sports complexes, skate board, park, etc.) 4) Transit (bus, van, etc.) (to get user to facilities) right now we don't have any in Port St. Lucie 5) Multi-purpose fields - open space green fields - for casual games of soccer. 6) Softball 7) Soccer 8) Gymnasium/community centers were tied. 9) Football 10) Bike paths -5- '-' ...., Discussion: After reviewing the Priority needs, Mr. Keogh requested that all the categories of the survey be completed and tallied. Future needs included heaIth/wellness programs based upon growth of county, skate parks, roller skate/hockey rinks, social services, (as county grows), volleyball and amphitheaters. The committee agreed that the not needed column would be mostly zero as most of the needs were to be addressed and implemented in the prior stages. Gayle Delman expressed a concern regarding increasing security in the existing parks due to the recent problems in the park bathrooms. Pete Keogh mentioned that it is not only that type of problem that is evident, there are many other infractions occurring in various county parks. Pete mentioned that the department is trying to rectify the situation by proposing a Park Ranger, compliance officers/crew to increase security for the safety of the residents. Committee maintains that the age characteristics remain the same. The standards of St. Lucie County seem to have a significant larger amount of older residents to younger residents as compared to the State. County also has a fairly significant younger population, which does not appear to be way out of balance, but it is larger than the State as a whole. It was also noted that the Hispanic population has nearly tripled between 1990 and 2000 (iTom 5,952 to 15,801). David Kutner mentioned that this is important information for the committee in determining what the future facilities needs are going to be. David Kutner reviewed with the committee the SCORP/NRPA 2000 Report which compares the population versus acreage. David indicated that if population continues to grow the county will have a deficit of land. Virtually all charts show some areas of deficits. Chuck Proulx noted that Port St. Lucie has stayed pretty constant for the last few years. The median average age of residents are approximately 34 years old. David Barth mentioned that this seems to be the trend throughout South Florida as the needs and demands are shifting and trends change. This trend will probably continue as the surge in population continues for the next 20 years. Committee suggested that the cities and schools continue to develop partnerships and utilize the facilities that are currently available. They would like to have the opportunity to utilize the existing gymnasiums with maintenance and security available for evening use of the facilities, It was also suggested that perhaps Indian River Community College would be key partnership role in providing aquatic facilities. Mr. Kutner announced to the committee that there will be another committee meeting on January 161\ 2002. Meeting adjourned at 8:03 p.m. Respectfully submitted by: Elaine M. Woociker -6- -. rei 222 Clematis Street Suite 200 West Palm Beach Florida 33401 P 561.659.6552 F 561.833,1790 GLA TTING JACKSON KERCHER ANGLIN LOPEZ RINEHART '-' """'" COMMUNITY PLANNING ST. LUCIE COUNTY COMMUNITY PARKS SYSTEM MASTER PLAN 11/28/01 Steering Committee/Staff Vision Workshop County Commission Conference Room 3 5:00-8:00 pm AGENDA 1. Presentation- Overview of Process 2. Discussion of Priority Needs 3. Presentation of Existing Conditions and Needs Assessment to Date 4. Discussion of Future Park and Recreation Opportunities 5. Conclusions and Next Steps p:\1G\16C90 sl.lucie needg...p;10r¡tle$\~et¡ngs\1 t·28 me€ti:1g agenda,doc: ",/28/2001 -. '-" ...,.¡ St. Lucie County Parks System Master Plan Survey / Discussion Points Question 1: The development of a vision and implementation strategy for the Parks system begins with an idealized, prototype model based on visions from other communities. This model (below) shows that an ideal system is comprised of a variety of parks, natural lands, urban open spaces and other greenspace "nodes", linked by a network of greenways, trails, bikeways and other connectors. In addition to the facilities shown in the model, an ideal system also includes recreation programs, social services programs, operations and maintenance to meet the community's needs. Is this consistent with your own ideas? NOTES St. Lucie County Parks System Master Plan page 1 Needs Assessment surveY ....,; . Question 2: Out of all of these facilities, linkages and programs [listed], which do you believe are needed now (priority need), will be needed (future need) or not needed at all? PRIORITY FUTURE NOT COMMENTS NEED NEED NEEDED '1!!!!Iil:··.:'!!!. liij'i¡',!:!·".",···"hi'·:,j.',.·..:."!!",n.···,:',mmmi !!!I!!:!:'!I!:!íl!I'I!"I:!!i!! 'h":'"",,,"'h' iii iii",·""n':l+1'h'.·' 1. Small Neighborhood (walk-to) Parks 2. Larger Community Parks (ball fields, community centers, etc.) 3. Special Use Facilities (sports complexes, aquatics complexes, skate- board park, etc.) 4. Natural Areas, passiv~íir Space _ Ii!I _"""!'i'!:'!!.!!!li!!) - 1. Sidewalks 2. Bike Lanes 3. Trails ~ "Fe iiiiI1!!ii:,:¡:¡i"W'. "'''ii,'''!''' ":Iilfi!!'!!!!i"· .,·i'·':':I!mli':i"I!iiI!I 1. Recreation Programs 2. Education Programs 3. Health Programs --- III ·'::.I¡'hX. fm:::::::::", '.')""". ::::::.:: I.".,.¡:¡,nlll hX,., 1. Tennis Courts 2. Baseball/Softball Fields 3. Football/Soccer 4. Handbal1/Racquetball Courts 5. Basketball Courts 6. Swimming Pools 7. Skate Facility/Skate Park 8. Volleyball Courts 9. JogginglHiking PathsITrails 10. Playgrounds 11. Multipurpose Fields 12. Multipurpose Courts 13. Bicycle Riding (paths, lanes) 14. Golf (9-hole/18-hole) 15. Roller Hockey Rink 16. Nature Trails 17. Large Special Events Area 18. Picnicking (picnic area) 19. Amphitheater 20. Fishing (non-boat: 800 ft. of pier catwalk or jetty) 21. Boat Ramps (power boating, water skiing, sailing) 22. Community Center 23. Aquatic Center 24. Dog Park 25. Other st. Lucie County ParKS System f¡1aster Plan page 2 Needs Assessment surve~ 'WI Question 3: Typically we find that most communities need millions of dollars to meet both current and future parks, recreation and social services needs. Significant funding sources are shown on the following chart. Which are the most feasible for St. Lucie County? Please circle those which apply. Property Taxes General Obligation Bonds - Limited or Unlimited Tax Land Development Codes Use Tax Revenue Bonds (or "rate- supported" bonds) Incentives Real Estate Transfer Tax Taxable Bonds Zoning Regulations Tax Increment Financing Tax Increment Financing Bonds Expedited Permitting processes Special Assessments District Lease Purchase and Certificates Community Reinvestment Act Business Improvement District Revolving Loans Mitigation Financing Benefit Assessment District Bond Banks Impact Fees User Charges Reserves (Ear-Marking/Set Asides) Municipal Services Taxing Unit (MSTU) Grants (State and Federal) St. Lucie County P3rks System Iv\astcr f:J!an p2[JO '-' ~ OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #02-14 TO: Linda Brown FROM: Gary Perdew, Principal Budget Analy~t/~ SUBJECT: Parks and Recreation Master Plan Funding DATE: November 21,2001 In response to your request I have looked at the various potential funding sources in the event the Board decides to implement a Parks and Recreation Master Plan. I have not been informed of the estimated cost of implementing the master plan, however have included two amortization tables to give you an idea of what the debt service requirement might be. The sources and a discussion of each follow: · Ad Valorem: Due to the political nature, this would probably be the most difficult source of funding to get approved. Three of the five members of the Board would have to either vote for an increase in the ad valorem tax rate for every property O\vner in the county or agree to reduce other programs currently being funded with ad valorem taxes in order to divert the funding to the P&R Master Plan. This would be subject to the State mandated IO mill cap. · V oted Debt: If you can gamer overwhelming countywide support for the program, this would be the best way to fund the improvements. It would require Board approval through an ordinance, as well as voter approval via referendum. If approved, the item would be included in every taxpayer's bill for the duration of the debt service. Unlike ad valorem taxes, this is not subject to the 10 mill cap. · Note: Currently, I mill (1$ imposed on every $1,000 assessed value) generates an estimated $8,671,495 · User Fees: Although you will not fully fund the program by imposing user fees, this source of revenue can be used in conjunction with others to do so. The major advantage of incorporating this revenue stream into the equation is that it is a 'new' source. Additionally, it confom1s to the 'pay as you use' principal. Those who benefit from the program(s) pay. This will require some 'number crunching' to determine the life-cycle costing of the services and facilities you intend to provide and charge fees for, but it is not an insurmountable task. Obviously you will not be able to charge entrance to the park, but you can incorporate pay-as-you-use tennis courts, racquet ball courts, pavilions, skate parks, community center activities and rental etc. G:IBUDGETI WPIMEMOSIMemo02102-14Parks Ref.wpd 'W' -...I · Impact Fees: Although this may not be a bondable source of revenue, to the extent that the improvements expand capacity they would be a proper use of impact fee revenue. Assuming growth in St. Lucie County continues at the projected pace, an estimate of $490,000 per year in impact fees revenue (both zones) is a reasonable expectation. · Telecommunications Tax Fees (Cable Franchise Fees or Investment for the Future): The Board has currently allocated $579,700 to partially fund Public Works Operations. There is nothing which would prevent them from reallocating all or part of this toward the P&R Master Plan. In the past, the Board has managed the franchise fee program. Beginning this year, the State of Florida has assumed this responsibility. There is a 'hold-harmless' clause which should ensure the county receives no less than the amount collected in FY2000. · Electric Franchise Fees: Since FY98, the Board has allocated a net of $500,000 each year to be used for parks and recreation facilities improvements, Thus far, the funds have been used to upgrade numerous beach accesses, boat ramps and neighborhood parks, These may be reallocated to partially fund this program. · Half-Cent Sales Tax: The Half-Cent Sales Tax generates approximately $5,000,000 am1Ually. Of this amount, $2,886,810 is pledged to cover the debt service of the 544,775,000 Sales Tax Refunding Revenue Bonds, 1994. The remaining amount is used to fund operations in the General Fund. Revenues received from this source may be used on a countywide basis. · State Shared Revenue: Although not pledged for the purpose, State Shared Revenue is budgeted in the Sales Tax Refunding Revenue Bonds, 1994 debt service fund. There are no restrictions on the use of these funds, however, there are statutory limitations regarding using the funds as a pledge for indebtedness. · First Guaranteed Entitlement: Counties are allowed to bond the guaranteed entitlement (currently $187,010 per year). This would yield $2.3 million in available funds assuming 20-years and 5.2% interest. · Second Guaranteed Entitlement: currently $618,973 per year. Assuming the same terms as above, this would yield $7,6 million. · Local Government Infrastructure Surtax (.5 or I-Cent per dollar available): This is a source of revenue available to all counties within the State. A major advantage of this source is that St. Lucie County has not yet accessed this source of revenue - it is a 'new' source meaning it will not compete with existing programs. The intended use is to fund the financing, planning and constructing of infrastructure. This includes fixed capital expenditure/outlay associated with the construction, reconstruction or improvement of public facilities which have a life expectancy of five years. It also includes land acquisition, improvement, design and engineering costs related to the aforementioned. G:\BUDGET\ WP\MEMOS\Memo02\02-14Parks Ref. wpd '-' ....¡ · The Board may levy this surtax pursuant to an ordinance enacted by a majority of the members and approved by voters in a countywide referendum. · In the absence of an interlocal agreement with the municipalities, proceeds from this surtax will be distributed according to the same formula as the Half-Cent Sales Tax. · Notes: · In addition to the Sales Tax Refunding, Series 1994 issue, the county has pledged non-ad valorem revenue to pay the following debt: · Energy Efficiency Program (Performance Contracting) Approximately $346,000 per year through FY2012 · Master Lease Agreement (Howard Computer) 5180,000 per year through FY2004 · Public Safety Computer Equipment 5129,000 per year through FY2004 · With the exception of the 'new' sources, using most of the non-ad valorem sources of revenue described above would require the board to 1) Reallocate another source of revenue to fund existing programs; 2) Increase ad valorem taxes; 3) Reduce or eliminate existing programs. 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'" " b -~ 8 ':i '" '" 0 '" ~ '" " 0 '" '" ... 0 ~ '"' ~ 0 0 ! ;; ~ 11/26/2001 Page 1 Parks $78,000,000 Bond - 20 Yeà.w ...., Compound Period ......: Continuous Nominal Annual Rate ..: 5.500 % Effective Annual Rate.: 5.654 % Periodic Rate ............... : Undefined Daily Rate ......,.............. : 0.01507% CASH FLOW DATA _···________n____ _ -- --- ----.-----------.-----... -. --_.__._--~--- Event Start Date Amount Number Period End Date -- - --- ------ -- -- ---- ----- ----..-- 1 Loan 01/01/2002 22,425,000.00 1 2 Loan 01/01/2003 24,375,000.00 1 3 Payment 01/01/2003 5,750,000.00 2 Annual 01/01/2004 4 Loan 01/01/2004 21,450,000.00 1 5 Payment 01/01/2004 5,750,000,00 2 Annual 01/01/2005 6 Loan 01/01/2005 9,750,000.00 1 7 Payment 01/01/2006 5,750,000.00 16 Annual 01/01/2021 8 Payment 01/01/2022 5,755,634.94 1 AMORTIZATION SCHEDULE - Normal Amortization Date Loan Payment Interest Princi~al_ Balance - --..--.----- Loan 01/01/2002 22,425,000.00 22,425,000,00 2002 Totals 22,425,000.00 0.00 0.00 0.00 Loan 01/01/2003 24,375,000.00 1,267,923.28 1,267,923.28- 48,067,923.28 1 01/01/2003 5,750,000.00 0.00 5,750,000.00 42,317,923.28 2003 Totals 24,375,000.00 5,750,000.00 1,267,923.28 4,482,076.72 2 01/01/2004 5,750,000.00 2,392,681.39 3,357,318.61 38,960,604.67 Loan 01/01/2004 21,450,000.00 0.00 0.00 60,410,604.67 3 01/01/2004 5,750,000.00 0.00 5,750,000,00 54,660,604.67 2004 Totals 21,450,000.00 11,500,000.00 2,392,681.39 9,107,318.61 4 01/01/2005 5,750,000.00 3,099,247.07 2,650,752.93 52,009,851.74 Loan 01/01/2005 9,750,000.00 0.00 0.00 61,759,851.74 2005 Totals 9,750,000.00 5,750,000.00 3,099,247.07 2,650,752.93 5 01/01/2006 5,750,000,00 3,491,939.98 2,258,060.02 59,501,791.72 2006 Totals 0.00 5,750,000.00 3,491,939.98 2,258,060.02 6 01/01/2007 5,750,000.00 3,364,267.88 2,385,732.12 57,116,059.60 2007 Totals 0.00 5,750,000.00 3,364,267.88 2,385,732.12 7 01/01/2008 5,750,000.00 3,229,377.12 2,520,622.88 54,595,436.72 2008 Totals 0.00 5,750,000.00 3,229,377.12 2,520,622.88 8 01/01/2009 5,750,000.00 3,095,552.06 2,654,447.94 51,940,988.78 2009 Totals 0.00 5,750,000.00 3,095,552.06 2,654,447.94 9 01/01/2010 5,750,000.00 2,936,775.43 2,813,224.57 49,127,764.21 2010 Totals 0,00 5,750,000.00 2,936,775.43 2,813,224.57 10 01/01/2011 5,750,000.00 2,777,713.99 2,972,286.01 46,155,478.20 2011 Totals 0.00 5,750,000.00 2,777,713.99 2,972,286.01 11/26/2001 Page 2 ~arks $78,000,000 Bond - 20 Yea-..... ...,.¡ - _.'_.. - ~ - ----- Date Loan PaYment Interest prJncipéJJ Balance ... -----.-..---- 11 01/01/2012 5,750,000.00 2,609,659.11 3,140,340.89 43,015,137.31 2012 Totals 0.00 5,750,000,00 2,609,659.11 3,140,340.89 12 01101/2013 5,750,000.00 2,438,951.03 3,311,048.97 39,704,088.34 2013 Totals 0.00 5,750,000.00 2,438,951.03 3,311,048.97 13 01/01/2014 5,750,000,00 2,244,893.56 3,505,106.44 36,198,981.90 2014 Totals 0.00 5,750,000.00 2,244,893.56 3,505,106.44 14 01101/2015 5,750,000.00 2,046,712.69 3,703,287.31 32,495,694.59 2015 Totals 0.00 5,750,000.00 2,046,712.69 3,703,287.31 15 01/01/2016 5,750,000.00 1,837,326.55 3,912,673.45 28,583,021.14 2016 Totals 0.00 5,750,000.00 1,837,326.55 3,912,673.45 16 01/01/2017 5,750,000.00 1,620,652.48 4,129,347.52 24,453,673.62 2017 Totals 0.00 5,750,000.00 1,620,652.48 4,129,347.52 17 01/01/2018 5,750,000.00 1,382,625.74 4,367,374.26 20,086,299.36 2018 Totals 0.00 5,750,000.00 1,382,625.74 4,367,374.26 18 01/01/2019 5,750,000,00 1,135,691.71 4,614,308.29 15,4 71,991.07 2019 Totals 0.00 5,750,000,00 1,135,691.71 4,614,308.29 19 01/01/2020 5,750,000,00 874,795.89 4,875,204,11 10,596,786.96 2020 Totals 0,00 5,750,000.00 874,795.89 4,875,204.11 20 01101/2021 5,750,000.00 600,836.03 5,149,163.97 5,447,622.99 2021 Totals 0.00 5,750,000.00 600,836.03 5,149,163.97 21 01101/2022 5,755,634.94 308,011.95 5,447,622.99 0.00 2022 Totals 0.00 5,755,634.94 308,011.95 5,447,622.99 Grand Totals 78,000,000.00 120,755,634.94 42,755,634.94 78,000,000.00 Parks $35,000,000 Bond - 20 Year,-, Compound Period ......: Continuous Nominal Annual Rate ..: 5.500 % Effective Annual Rate.: 5.654 % Periodic Rate ...............: Undefined Daily Rate ..................... : 0.01507 % CASH FLOW DATA - ----,-----. ._~ - _~~ _____n_ _ 11/26/2001 Page 1 -..",¡I Start Date .._ __ ________ ._.___ _~.._ .._. __._ .n____.___ -- --------- Amount Number Period ._---,----- -- --...--. ... ------'-_. 2,710,000.00 1,651,919.25 1,058,080.75 28,076,384.17 0.00 2,710,000.00 1,651,919.25 1,058,080.75 2,710,000,00 1,587,456.02 1,122,543.98 26,953,840.19 0,00 2,710,000.00 1,587,456.02 1,122,543.98 2,710,000.00 1,523,986.69 1,186,013.31 25,767,826.88 0.00 2,710,000.00 1,523,986,69 1,186,013.31 2,710,000.00 1,456,928.77 1,253,071.23 24,514,755.65 0,00 2,710,000.00 1,456,928.77 1,253,071.23 2,710,000.00 1,389,982.51 1,320,017.49 23,194,738.16 0.00 2,710,000.00 1,389,982.51 1,320,017.49 2,710,000.00 1,311,444.75 1,398,555.25 21,796,182.91 0.00 2,710,000,00 1,311,444.75 1,398,555.25 2,710,000.00 1,232,369.58 1,477,630.42 20,318,552.49 0.00 2,710,000.00 1,232,369.58 1,4 77,630.42 2,710,000.00 1,148,823.45 1,561,176.55 18,757,375.94 0.00 2,710,000.00 1,148,823.45 1,561,176.55 Event 1 Loan 2 Loan 3 Payment 4 Loan 5 Payment 6 Payment _ _~_,._ ____u 01/01/2002 01/01/2003 01/01/2003 01/01/2004 01/01/2004 01/01/2021 11,000,000.00 12,500,000.00 2,500,000.00 11,500,000.00 2,710,000.00 2,789,622.46 AMORTIZATION SCHEDULE - Normal Amortization Date Loan Payment Loan 01/01/2002 11,000,000.00 2002 Totals 11,000,000.00 Loan 01/01/2003 12,500,000.00 1 01/01/2003 2003 Totals 12,500,000.00 0.00 2,500,000.00 2,500,000.00 2 01/01/2004 2,500,000.00 Loan 01/01/2004 11,500,000.00 3 01/01/2004 2,710,000.00 2004 Totals 11,500,000.00 5,210,000.00 4 01/01/2005 2005 Totals 5 01/01/2006 2006 Totals 6 01/01/2007 2007 Totals 7 01/01/2008 2008 Totals 8 01/01/2009 2009 Totals 9 01/01/2010 2010 Totals 10 01/01/2011 2011 Totals 11 01/01/2012 2012 Totals 1 1 2 Annual 1 17 Annual 1 Interest 0,00 621,946.76 0.00 621,946.76 1,222,518.16 0.00 0,00 1,222,518.16 .._-_._---~~ End Date 01/01/2004 01/01/2020 P ri n c;i 1)_(31 Balance --- ---------- - - ---- 11,000,000.00 0.00 621,946.76- 24,121,946.76 2,500,000.00 21,621,946,76 1,878,053.24 1,277,481.84 20,344,464,92 0.00 31,844,464.92 2,710,000,00 29,134,464.92 3,987,481.84 11/26/2001 Page 2 Parks_ ~_35,000,000 Bond - 20 Yea,-, ...,; n Date Loan P é3Y_r1]~~~ Interest Prin~iE>é11 .. Balance --_.__..._~-_. ._-- 12 01/01/2013 2,710,000.00 1,063,540.05 1,646,459.95 17,110,915.99 2013 Totals 0.00 2,710,000.00 1,063,540.05 1,646,459.95 13 01/01/2014 2,710,000.00 967,461.71 1,742,538.29 15,368,377.70 2014 Totals 0.00 2,710,000.00 967,461.71 1,742,538.29 14 01/01/2015 2,710,000.00 868,937.52 1,841,062.48 13,527,315.22 2015 Totals 0.00 2,710,000,00 868,937.52 1,841,062.48 15 01/01/2016 2,710,000.00 764,842,72 1,945,157.28 11,582,157.94 2016 Totals 0.00 2,710,000.00 764,842.72 1,945,157,28 16 01/01/2017 2,710,000.00 656,706.40 2,053,293.60 9,528,864.34 2017 Totals 0.00 2,710,000.00 656,706.40 2,053,293.60 17 01/01/2018 2,710,000.00 538,767.85 2,171,232.15 7,357,632.19 2018 Totals 0.00 2,710,000.00 538,767.85 2,171,232.15 18 01/01/2019 2,710,000.00 416,005,05 2,293,994.95 5,063,637,24 2019 Totals 0.00 2,710,000.00 416,005.05 2,293,994.95 19 01/01/2020 2,710,000.00 286,301.16 2,423,698.84 2,639,938.40 2020 Totals 0.00 2,710,000.00 286,301.16 2,423,698.84 20 01/01/2021 2,789,622.46 149,684.06 2,639,938.40 0.00 2021 Totals 0.00 2,789,622.46 149,684.06 2,639,938.40 Grand Totals 35,000,000.00 53,859,622.46 18,859,622.46 35,000,000.00 '-' ....,¡ '-" ~ '-' 'wi '-" ....", '-' ...., The Planning Process Irnpiemcntation and Action Plan County Municipalities School Board Developers Improvement District MPO H'owners Associations . Non-profits, Volunteers . Youth Leagues . State {V.S ..S ·~S s<; ò'i'¡\ 'i'¡\{'- v.S ~{¡\\ cce <x>0{'r<00 1)(\\'I.i f'o¡\\ 'i'¡\{ I'{e¡\S ,¡¡\is\ ~¡\'I.e{ þI ~è\I}'r< (,0<"<" v-eq\o ~¡\'I.I){¡\\ G{eef'o\?oe¡\c'r<' · .. .. .. . . · . · . · · · · . · . . . · . . Federal Government . '-'" """'" ......... """" """ ...",¡ '-" "wII "'" ...,¡ '-' ...., '-" '-' ~ ...., Needs Assessment Interviews Commissioner Interviews June, 2001 Summary of Discussion 1. Objectives for Project Include: - Determine Priorities for Local Governments - Maximize Partnerships - Identify Potential New Parcels, Facilities - Identify Grants, Funding Opportunities - Inform Public what County is Going to Build, Renovate 2. Estimate Need for $50-60 Million for New Parks 3. Focus on Active Sports/Recreation Possibly Including: - New Park in North County - Renovation of Lawnwood Park - Mid-County Park, Possibly Duke Energy Site - One to Two Parks in Port St. Lucie 4. Need Detailed, Specific Plan for Lawnwood Park 5. Provide Generic Plans for Other Sites (Prototypes) 6. Renovation of Lawnwood is a High Priority '-' ~ ~ ...., '-" -...I '-' -...I Needs Assessment Demographics · County population continues to grow steadily- more than doubling in the last 20 years · Hispanic population nearly tripled between 1990 and 2000 (from 5,952 to 15,801) · County has a larger percentage of Senior Citizens (age 60-84) than State average -26.1% of St. Lucie County population -20.1% of Florida population '- -....I Needs Assessment SCORp Standards Unincorporated County -- 2000 II 2005 2010 2015 2020 Unincorporated Population 67, 165~, 72,764 77,400 83,205 89,445 ~ ~-~ Acreage of Community Parks 252 252 252 252 252 (2000) __ Acres Needed for Unincorporated . County (according to NRPA 136 146 155 166 179 standa rds) Surplus (Deficit) 116 106 97 86 73 Acres Needed for Unincorporated i , County (according to 339 364 387 416. 447 Comprehensive Plan standards) H_ Surplus! '-' "'-'" '-' ....., ~ ...." Needs Assessment Summary · Most areas of County are served by Community Parks according to service area analysis- the northern County and west of 1-95 area areas that are not as well served · State standards of community parks by population levels show a significant deficiency in community park acreage · State standards also show a deficiency in most recreation facilities assessed- with the exception of baseball/softball fields, shuffleboard courts, beach access, picnic areas and fishing piers · Partnerships with schools, municipalities and private recreation providers are limited '-' ...., Issues! Discussion Summary · Do you agree with the Needs Assessment to date? · Are there opportunities that should be considered to meet needs? · What is the role of the County, Municipalities? · Community vs. District Parks · County District Park (60 miles) and Community Park (10 miles) service area standard · Percentage of open space in parks? (Sports Complex vs. Community Parks ....... 'wi [C GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART '-' -...I 222 Clematis Street Suite 200 West Palm Beach Florida 33401 P 561.6596552 F 561.833.1790 COMMUNITY PLANNING ST. LUCIE COUNTY LA WNWOOD PARK MASTER PLAN 12/10/01 Lawnwood Park Programming Meeting Board of County Commissioners Council Chambers 6:00-8:00 pm AGENDA I. Introductions 2. Presentation of Existing Conditions Analysis, Opportunities and Constraints 3. Typical District Park Program 4. Discussion: Lawnwood District Park Program 5. Next Steps 6. Adjourn t:'(>;rr;('\! i -28 rne;.;-t,,-.;.I ~igepda~.Cvc 12:~J:2(;O~ , , St. L~e County Lawnwood Park Master ~ Meetin!! Minutes December 10, 2001 Attendees: Larry Jennings, Glen Rains, Ted Cutler, Win Chesley, Franklin Harris, Guy McCuen and Maurice Levesque. Staff: Peter Keogh, Linda Brown, and Elaine Woociker, Patti Raffensberger, Eric Jackson and Bryce Archer. Glatting Jackson Staff, David Barth, and Chad Atkins. The meeting was brought to order at 6:25 p.m. by David Barth from Glatting Jackson, et al. David Barth introduced the Glatting and Jackson staff to the committee. David suggested that the committee members go around the room and introduced themselves. INTRODUCTION: David Kutner introduced Chad Atkins to the group and explained that Chad will review his analysis of the Lawnwood facility and make sure that there is nothing that they are missing and then talks about their conclusions from the study conducted and answer any questions that the group would have about the results. And then they want to talk about what a district park program looks like, which is out of the SCORP Plan and talks about what elements you might typically find in different types of parks and we will talk about what you typically find in a district park, and see if you have any questions about that infonnation. Then we will make a list of the uses that you would like Glatting Jackson to design into Lawnwood Plan. If we can build a consensus on that we will have successfully completed the objective for tonight's meeting. PRESENTATION OF EXISTING CONDITIONS ANALYSIS Chad Atkins gave a brief description of the location of the park and where it sits within the county with a site aerial of the park. Chad explained the color-coding of the illustration; the yellow line represents the Lawnwood Recreation Area, the red line represents the public lands (Administrative Bldg., Elementary School, Playground another Middle School and Elementary School to the east and to the west). The park sits between some residential areas as well. After visiting the site, just noticing that we have four baseball fields, a football field and two softball fields, there is a couple of pick up areas with some back-stops and some general open space. There is also another little baseball field and a warm up area along with a tennis facility in the southeast corner. He noticed that there are some existing trees along Virginia Avenue, the 19th Street Canal that bisects the property, and the 13th Street Canal that is on the east side of the park. Chad explained that it was originally estimated at 120 acres, but after visiting the site he noted that the Lawnwood Elementary School has about 10 acres, the Playground sits on 5Y2 acres, the Chamber of Commerce sits on 2 Y:z acres and then the Church site to the east is about 5 acres. All totaled it makes the park a little smaller totaling about 98.9 acres, which is a good size for the park. Quincy Avenue to the north dips down and cuts off this northern portion of the park on Virginia Avenue to the south. Chad also noticed that there are some good opportunities for connections to the adjacent neighborhoods. We have residential neighborhoods to the north and south. There is a real opportunity to connect to the Civic Center, Administration Building and the Elementary Schools to the 1 parks for real pedestri~onnections. Chad also mentione~at there is a real opportunity for parking along these areas to access the park, when school is vacant, etc. Chad pointed out that there is a few constraints to the property one are the football field and the tennis courts, which are two fixed items. Therefore, we need to consider those when Glatting Jackson is designing the park because they are pennanent sites, but the remaining sites can be changed around (condense or realign them), based upon the group's feedback. Another issue is the stonn water on the site. He spoke with a county engineer and the engineer said that most of the water draining into the 19th Street Canal and 13th Street Canal and they are being conveyed along Virginia Avenue off to and off-site retention area, the water is then treated and into the Indian River Lagoon. Chad mentioned that this is something that needs to be taken into consideration when designing the park. David Barth mentioned that in this Phase of the project, they do not have a Civil engineer working on the job, so they are using a rule of thumb that approximately 10 to 1S% of the site needs to be used for retention and for treatment of stonn water, which is one of the constraints we have with developing the site under current code, as opposed to how parks have been traditionally done over time. Therefore, in order to build new facilities and get stonn water pennits, etc. typically, we would have to have some type of stonn water runoff treatment before it runs off into the canal. Glatting Jackson will need to consult with a county engineer to verify the infonnation. Pete Keogh asked David about the trench that runs in the middle of one of the "sports wheels". Is there any way we can avoid losing land to a retention pond by possibly doing the same thing that we did to our Civic Center, which constructed of a penneab1e base that the water sits on and slowly percolates into the ground water but is also good parking David asked if we could get interpretation rrom the County engineers in Public Works, because the water needs to be treated before you pop it off. We understand that we can pipe the ditch but it is not environmentally jurisdictional, so it is just a matter of money. Mr. Jennings mentioned that if the drainage is not done, we would have a IS-acre lake. David Barth showed an illustration of a park with a lake on site. David stated that in some parks it is a real amenity. So one of the questions is, do you try use the treatment requirement and turn it into some type of lake feature that people can walk around, roller blade around, etc. Pete Keogh mentioned that the Parks and Recreation Staff would look in to the situation. David mentioned that the reality is if you want to build decent field you are going to elevate the infields, you will have run-off and you will run-off with fertilizers, etc. and it will need to be treated somehow. Therefore it is important to obtain the stonn water treatment requirements rrom the County. Pete Keogh mentioned the need for more sports facilities and that we would like to find a way to look into moving the water to another spot on the field or somehow treating it. David had a question regarding Quincy Avenue. It appears Quincy Avenue was re- located for the purpose of putting this field in? Eric Jackson rrom the Recreation Division office confinned that is the way it was. Quincy Avenue use to run straight. They put the ball fields in. David Barth interjected by saying that it appears that the right of way is still there. When you look at the map the right of way looks like it is still there and they couldn't figure out why that was a good idea. 2 '-' .."" Glen Rains mentioned that there was some talk about shutting the whole street down and making that use able area for the park. David Barth asked the group if it would be okay to dink around with Quincy. The group suggested that they abandon it on the north side and new route, but keep the entrance to the school there. David mentioned that if you look at the area map if you follow the red line you could see an incredible public use complex between Lawnwood, Civic Center, etc. And we are assuming that you could use those other areas for parking. He asked the group what they thought about that, because that would save the county a lot ofland. Not just daily parking, it would be for special events and you need 500 cars, county could utilize schools, medical center and civic center as opposed to thinking you have to build all the parking you need on the Lawnwood site. Pete Keogh addressed one concern, how do you allow access for the coaches and the teams that want to bring in concessionaires, ball bags, etc. David intetjected by saying that I am not talking about all the parking, You could do restrictive parking; drop off areas, handicapped, etc. We are just talking about major event parking only for larger events. Another alternative is to get joint use agreements. Group agreed that the recommendation for the parking would be to consider using adjacent user for overflow parking. TYPICAL DISTRICT PARK PROGRAM The Lawnwood Park is unique in that the way Port St. Lucie was planned without adequate parks open space facilities. We have an urbanizing county and the City of Fort Pierce, which is a traditional city that has grown like most cities of Florida. David spoke about the states ideal park system. The following definitions are by the state of ideal parks are: A) Neie:hborbood Park: "Every resident has a park that they can walk to near the house, which is defined as a neighborhood park, (play structure, court games to play pick up ball, basketball courts, and playground). B) Community Park: "Every resident has a community park within 2 - 3 miles from their home that serves several neighborhoods and they will have ball fields, swimming pool, archery ranges, etc. C) Multi-Purpose Open Space Lare:er This is where you go for Little League, practice fields, etc. Traditionally your child could ride their bike to it. It would be 2-3 miles from your home, 20 - SO acres size. 3 · . """ 'WI D) District Park A district park is 50 - 75 acres. Play structures, restrooms, trails, nature center, boating, swimming pool, picnic area, and sport fields. This is combination of something for everything type of park. E) Ree:ional Parks It is a much more natural type park. Nature based along the river like the Savannas, i.e. camping, picnic areas, etc. F) Sports Complexes A facility that has one use, which active organized recreation, such as, ball fields, soccer fields, football fields, tennis courts, play structures, volleyball, internal trails, picnic areas, etc. Summary: In summary, David mentioned that what the County is trying to do is make Lawnwood a Sports Complex. The committee and people need to decide if they want it to be a district park or sports complex. Lawnwood can be designed to fall within the sports complex definition. Consensus is that everyone at the meeting would like a sports complex and if we use Lawnwood as a Sports Complex, it would come off likely as the district park and the county would need to purchase more land. Pete Keogh mentioned that a prime emphasis is on sports facility, more softball fields, and soccer field. A unanimous decision was made by the group to recommend to the board to design Lawnwood as a Sports Complex. The group is recommending that the park should be designed to accommodate the following: 1) Four (4) Wheel Softball Field - 325 ft. down the line with 350 ft center field from back-stop to home plate. - Two (2)-story scorekeeper/concession (the following list is based upon following FHSAA guidelines) 2) Equipment Storage Under Stadium - multi-use sports training offices, tape room 3) Track and Field Complex Discus, shot put, high jump, broad jump and resurface track. 4) Four (4)-wheel Baseball field - 365 ft. center field and 325 ft down the line. Scoreboard/concession (following FHSAA guidelines) 4 · . ""'" ...., 5) Four (4) Rugby/Soccer fields - 100 meters x 70 meters. This will accommodate the standard dimensions to have soccer games as well as rugby. Should have concession area and rest rooms with meeting space. 6) Lighting for all fields. 7) Basketball/Aquatics - Five (5) Court Gymnasium to provide Basketball, volleyball and health center. Aquatic Center - 50- meter x 25- meter pool and diving facility. 8) Maintenance/Administration Bldg. - for storage of equipment and office space facility. 9) Fenced playground on wooded hill 10) Multi-purpose path 11) Maintain current amount of parking spaces and rely on adj acent parking areas for overflow. Pete Keogh mentioned that the survey would determine the outcome from the public as to what they want. Next step will be Glatting Jackson will prepare a concept plan after staf£lcommission workshops. An announcement was made during the meeting that the first public workshop will be held on January 9th, at The White City Home Improvement Club, from 5:00 -7:00 p.m. The meeting was adjourned at 8:01 p.m. Respectfully submitted, Elaine M. W oociker 5 '-" ..., ßOARD OF COUNTY COMMISSIONERS PARKS & RECREATION MEMORANDUM To: From: Through: Date: Subject: Board of County Commissioners Linda Brown, Admi~"v. e Manager&:- Pete Keogh, Director flC December 28, 2001 Community Parks System Master Plan Special Mailing During the early planning stages of the Community Parks System Master Plan, it was suggested that in addition to the regular public notice procedures, a separate mailing be sent to the County's homeowners groups and sports groups inviting them to attend the Community Parks Systems Public Workshops. Staff has compiled the attached listings. If you would like us to add any group to the lists, please let us know. cc: Robert Bradshaw, Assistant County Administrator JOHN D OflUHN. D,sr"cr No 1 . DOUG COWAflD. D,,,,,Cf No.2' PAULA A LEWIS D,,,"cr No J . FflANNIE HUTCHINSON D,S'"" No 4 . CUfF OAflNES D,,,,,cr No 5 (ounry Admllìlsrroror - Douglas M_ Anderson 2300 Virginio Avenue . Phone (561) 462-1515 · TDD (561) 462-1425 · F1. Pierce Little League Dawn Caspar 5312 Palmetto Dr. Fort Pierce, FL 34982 American Little League Kemp Krueger 8007 Roberts Road Fort Pierce, FL 34951 Pop Warner - Youth Football Derrick Fox 3408 Ave. R Fort Pierce, FL 34947 Pop Warner - Youth Football Sam Pruitt 2569 SW Galiano Rd. Pt. St. Lucie, FL 34987 AAU Baseball Tom Mastroianni 1449 SE Larkwood Circle P1. St. Lucie, FL 34952 Youth Soccer Larry Jennings 368 NE Camelot Dr. Pt. S1. Lucie, FL 34983 Youth Soccer Kathy Thomason 7201 Paso Robles Fort Pierce, FL 34951 Senior Softball Ed Malvaney 24 Montoya Fort Pierce, FL 34951 Hurricanes A.A.U Coach Norm Spooner 910 Southern Avenue Fort Pierce, FL 34950 'w """" SPORTS GROUP LISTING Ft. Pierce Babe Ruth Jimmy Kemp 2907 Forrest Terr. Fort Pierce, FL 34951 Pt. St. Lucie Little League Pat Obrian 141 SW Castana Ct. Pt. St. Lucie, FL 34983 Pop Warner - Youth Football Mike Weiss 515 NW Marion Ave. Pt. St. Lucie, FL 34983 AAU Baseball Mike Rees 1362 Mohave St. Pt. St. Lucie, FL 34952 AAU Baseball Frank Schauffer 570 SW Butler Ave. Pt. St. Lucie, FL 34983 Youth Soccer Jack DiGorgio 1907 SE Mandrake Circle Pt. St. Lucie, FL 34952 A Senior Softball Win Chesley 1227 D NW Sun Terrace Circle Pt. St. Lucie, FL 34986 Senior Softball Richard Readdy 15 Lavilla Fort Pierce, FL 34951 Storm A.A.U. Coach Gary Lee 1302 Ibis Avenue Fort Pierce, FL 34952 · '-' -..,.; St. Lucie Bombers Lincoln Park Track Club Coach Ralph Litton Coach Tolbert 3550 S. US. Highway One PO Box 1322 Fort Pierce, FL 34982 Fort Pierce, FL 34954 Phathons Ultimate Frisbee Coach Hentz Dave Yarn 2549 S.W. Carpenter St. 2817 B Stone Way Lane Port St. Lucie, FL 34984 Fort Pierce, FL 34982 Adult Soccer League Curtis Randolph Lorenzo Aguillar 850 South 21st Street 2510 South U.S. 1 Fort Pierce, FL 34950 Fort Pierce, FL 34982 Lakewood Park Youth Soccer Lakewood Park Youth Soccer Melanie Bullers Bud Wilson 5501 Winter Garden Pkwy 8604 Deland Ave. Fort Pierce, FL 34951 Fort Pierce, FL 34951 Junior Olympic Team Treasure Coast Cheetahs Chuck Olson Franklin Harris 205 NE Olive Ave. 1749 Blockton Ave. Pt. St. Lucie, FL 34952 Pt. St. Lucie, FL 34952 Ms. Elaine Harmons Show Case Baseball Swimming Coach Guy McCuen 612 S.W. Curry Street 2481 SE Dogwood Ave. Port St. Lucie, FL 34983 Pt. St. Lucie, FL 34952 Youth Rugby Development of Florida Adult Shuffleboard Mr. Maurice Levesque Ted Cutler 526 S.W. College Park Road 3150 N. AlA Port St. Lucie, FL 34953 Fort Pierce, FL 34949 H:Isportsgroup.wpd 2 Revised 11/26/01 Robert Bangert Holiday Pines HOA 5608 Eagle Dr. Ft. Pierce, Fla 34951 Zelia Brown Nettles Island HOA 987 Nettles Boulevard Jensen Bch, Fla 34957-3381 Iris Concannon Riverside Marina 2350 Old Dixie Hwy. Ft. Pierce, Fla 34946 Ed Daly Golden Ponds 1735 Walden Pond Dr. Ft. Pierce, Fla 34945 William J. Gesner Coral Cove HOA 253 Marina Dr. Ft. Pierce, Fla 34949 Charles Grande Pres. Council/Hutchinson Is. 9950 So. Ocean Dr. Unit 705 Jensen Beach, Fla 34957 Charles Hendley Harmony Heights HOA 2201 San Diego Ave. Ft. Pierce, Fla 34946 Claire Iglauer Lakewood Park HOA 8206 Ft. Pierce Blvd. Ft. Pierce, Fla 34951 Edward McKay Pres. Council/Hutchinson Isl. 9550 S. Ocean Dr. Unit 1007 Jensen Beach, Fla 34957 John Nicholas 7204 Marsh Terr. Port St. Lucie, Fla 34986 '-' HOMEOWNERS GROUPS Don Barlowe High Point HOA, Section 1 204 Manatee Lane Ft. Pierce, Fla 34982 Shirley Burlingham No. Beach HOA 5312 Loggerhead Place Ft. Pierce, Fla 34949 Frank Mauthe, President Spanish Lakes Fairways HOA 13990 Codorno Court Ft. Pierce, Fla 34951 Tommy Effend Harmony Heights HOA 4804 Evergreen Ave. Ft. Pierce, Fla 34947 Douglas Giel Harbour Cove POA 2410 Harbour Cove Dr. Ft. Pierce, Fla 34949 Frank Guarascio Villas of Sandpiper Bay 3301 SE Sandpiper Cir. Port St. Lucie, Fla 34952 High Point III, HOA 724 High Point Blvd. Ft. Pierce, Fla 34982 Calvin Johnson Timberlake Estates 1650 Timberlake Dr. Ft. Pierce, Fla 34945 JoAnn Molinia Oakland Park N. Association 802 Florida Avenue Fort Pierce, FL 34950 Charles W. Parsons Lakewood Park HOA 6902 Bayard Rd. Ft. Pierce, Fla 34951 ..., Herbert Beach White City Improvement Club 1012 Saeger Ave. Ft. Pierce, Fla 34982 Fred Cook PSL HOA 1552 SE Ladner St. Port St. Lucie, Fla 34983 Deputy Gary Gonsalves St. Lucie Co. Sheriff's Dept. 4700 W. Midway Rd. Ft. Pierce, Fla 34981 Pat Ferrick North Fork Citizen 4802 South 25th Street Ft. Pierce, Fla 34981 Grayson Gilbert St. Lucie Truck and Classic 3340 North US 1 Ft. Pierce, Fla 34946 Jeanne Hearn 5051 Tozour Rd. Ft. Pierce, Fla 34946 Raymond Bishop, President River Place II, HOA 4844 River Place Drive Ft. Pierce, Fla 34982 Veronica Jubinsky Ocean Village POA 2400 Ocean Village Dr. Unit 7123 Ft. Pierce, Fla 34949 Frank Monteleone Spanish Lakes Country Club 9 Ecuador Way Ft. Pierce, Fla 34951 Ms. Lee Primerano River Park HOA 323 NE Holly Ave. Port St. Lucie, Fla 34952 Valliere Saks President's Council 9960 S. Ocean Dr. Unit 505 Jensen Beach, Fla 34957 Walter Scott Venture III, HOA 10701 So. Ocean Dr. unit 681 Jensen Beach, Fla 34957 Sandi Simmons Tiara Towers 3150 North A-1-A Unit 1002 Ft. Pierce, Fla 34949 Nancy Spalding Coral Cove HOA 211 Marina Dr. Ft. Pierce, Fla 34949 Butch Terpenin9 Charleston Oaks HOA 106 NE Charleston Port St. Lucie, Fla 34983 Betty Lou Wells 1124 Jasmine Ave. Ft. Pierce, Fla 34982 T.A. Wyner Sunnier Palms HOA 8800 Okeechobee Rd. #36 Ft. Pierce, Fla 34945 County Attorney Commissioner Bruhn Commissioner Coward '-' Frank Lomio Sandpiper HOA PO Box 7111 Port St. Lucie, Fla 34985 Joe Anne Severino Spanish Lakes Fairways 13971 Encantardo Circle Ft. Pierce, Fla 34951 Jim Simpson Parks Edge HOA 449 SW Belmont Circle Port St. Lucie, Fla 34953 Jeanne Stone Spanish Lakes Riverfront 75 Camino Del Rio Port St. Lucie, Fla 34952 Bud Toepfer Sands/North Beach Assoc. 3221 S. Lakeview Circle #105 Ft. Pierce, Fla 34949 White City Club PO Box 13145 Ft. Pierce, Fla 34979 Community Dev. Director Press Box Commissioner Hutchinson Mark A. Boston Nettles island PAC 579 Nettles Boulevard Jensen Beach, FL 34957 2 "wi Buster & Val Scorse River Park HOA 616 NE Beach Avenue Port St. Lucie, Fla 34952 Roger Sharp Indian River Drive Freeholder 8205 S Indian River Dr. Ft. Pierce, Fla 34982 Dorothy Smith Sunland Gardens HOA 1701 N 35th Street Ft. Pierce, Fla 34950 Robert Gooseman Tiara Towers Condo Assoc, 3150 W A1A Unit 1005 Ft. Pierce, Fla 34949 Emil Viola Sandpiper Bay HOA 2631 Mornin9side Blvd. Port St. Lucie, Fla 34952 Windmill Point POA 490 SW Kentwood Rd. Port St. Lucie, Fla 34953 County Administrator Commissioner Lewis Commissioner Barnes Mr. Carl Rivasi, Property Owners of the Reserve 7389 Reserve Creek Drive Fort Pierce, FL 34986 Mr. Charlie Brown, Pres. Indian River Estates HOA 5206 Pinetree Drive Fort Pierce, FL 34982 Mr. Jeff L. Mack Southbend Lakes Res. Assoc 3316 SE East Snow Road Port St. Lucie, FL 34984 Mr.Steve Castelli Tarpon Bay Villas HOA 1100 SE Mitchell Avenue-#601 Port St. Lucie, FL 34952 Ms. Martha Clement St. Lucie Gardens HOA 4311 SE Brittney Circle Port St. Lucie, FL 34952 Ms. Rita Marguilies Isle of Lombardy @ Kings Isle 1203 NW Lombardy Drive Port St. Lucie, FL 34986 Ms. Dorothy Janin Isle of San Marino @ Kings Is 568 NW Cortina Lane Port St. Lucie, FL 34986 Mr. Cecile LeBlanc, President Westbrook Isles Condo Asso. 1126 SW Swan Circle Port St. Lucie, FL 34986 Janice McGriff, President Sheraton Plaza HOA 2905 Langston Drive Fort Pierce, FL 34946 Mr. Nick Pepe 7314 Mystic Way Port St. Lucie, FL 34986 Carol Heintz Savanna Club HOA 3492 Crabapple Drive Port St. Lucie, FL 34952 '-' Mr. AI Lagerstrom 148 Vindale Avenue Bel Air Estates Fort Pierce, FL 34951 Mr. Jack Clouser Bedford Homeowners Assoc 245 NW Bentley Circle Port St. Lucie, FL 34986 Mr. Frank Duci Walton Court POA 2290 SE Breckinridge Circle Port St. Lucie, FL 34983 Mr. James Ringo Midport Place Condo Assoc. P.O. Box 35 Jensen Beach, FL 34958 Mr. Ronald Nickel Sun Terrace @ the Lakes 1208 NW Sun Terrace Circle-D Port St. Lucie, FL 34986 Wes Crawford, Director Lake Charles HOA 1582 SW Harbor Isles Circle Port St. Lucie, FL 34986 Mr. Charles E. Ray St. Lucie N. Homeowners 8000 S. U.S. #1, Suite 400 Port St. Lucie, FL 34952 Michael Neary Harbor Ridge POA 12600 Harbor Ridge Blvd. Palm City, FL 34990 Mr. Jim Dunne Ballantrae HOA 1617 SE Shelburnie Way Port St. Lucie, FL 34952 Mr. James Griffin, III Moby Marine 3630 NW North River Drive Miami, FL 33142 3 'wi Mr. Ed Bailey St. Lucie Golf Villas 142 West Caribbean Port St. Lucie, FL 34952 Villages at St. Lucie West a.k.a. Heatherwood HOA 411 Juniper Circle Port St. Lucie, FL 34986 Mr. Dick Durand Sand Crane Village HOA 1596 SE Collette Circle Port St. Lucie, FL 34983 Mr. Bill Bresnahan Isle of Tuscany @ Kings Isle 416 NW Marsala Terrace Port St. Lucie, FL 34986 Mel Yarish Isle of Venice @ Kings Isle 614 NW San Remo Circle Port St. Lucie, FL 34986 Mr. Jim Moran Isle of Capri & Medeira Kings Isle - 627 NW Veneto Ct Port St. Lucie, FL 34986 Ms. Patti Tobin Walden Woods HOA 1816 SE Hideaway Circle Port St. Lucie, FL 34952 Mr. John Nierlich Golf Villas II Condo Assoc. 9801 Perfect Drive Port St. Lucie, FL 34986 ATTN: Gretchen Ludicke Panther Woods Master Assoc 9402 Meadowood Drive Fort Pierce, FL 34951 Ridgecrest Mobile Home Park 2251 N. U.S. Highway 1 Fort Pierce, FL 34946 Thomas Robb Sand Dollar Condo Assoc. 7430 S. Ocean Dr. 318-B Jensen Beach, FL 34957 Mr. Trevor Banks, President Citrus Heights HOA 2316 Jo Haywood Drive Fort Pierce, FL 34946 Mrs. Ion is Jefferson-Swoope Paradise Park HOA 2402 Valencia Avenue Fort Pierce, FL 34946 ....... Kit Linberger Palm Grove HOA 6202 Alexandria Circle Fort Pierce, FL 34982 Mrs. Rejeanne Perrotta Ocean Resorts, Inc. HOA 854 Pirate Cove Lane Fort Pierce, FL 34949 4 'wi Mr. Gary Bond Oleander Pines HOA 6808 Thoreau Terrace Port St. Lucie, FL 34952 Mrs. Claire P. Twombly Tropical Isle HOA 216 Old Key West Place Fort Pierce, FL 34982 ~ '-' .... AGENDA REQUEST 't.I ITEM NO. C-4-A DATE: December 18,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING MICHAEL RATH SUBJECT: Award of Bid No. 02-007, Re-use/Recycle/Disposal of End-of-Life Electronics BACKGROUND: On November 28, 2001 bids were opened for Re-use/Recycle/Disposal of End-of-Life Electronics for the Solid Waste Baling and Recycling Facility. Eight hundred ninety-seven (897) vendors were notified, nineteen (19) bid documents were distributed and four (4) bids were received (tabulation attached). The Solid Waste Division has reviewed the bids received and recommends that the bid be awarded to the low bidder, Recycling Concepts, L.L.C. (see attached memo). FUNDS AVAILABLE: Account No.: 401-3410-534000-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-007 for Re-use/Recycle/Disposal of End- of-Life Electronics to the low bidder, Recycling Concepts, L.L.C. at the unit prices bid, and authorization for the Chairman to sign the contract as prepared by the County Attorney. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attomey.(X) (li coordination/~atures Mg!. & Budget ()Q1J/ ~ Other: Purchasing Mgr.:(X) J2- Originating Dept: Finance: (Check Dr Copy only, if Applicable) Other: Eff.1/97 \ '-" .".¡ PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 01-209 ~..,""'..........-- ",.£ - ,. ~ ".".. FROM: Mike Rath, Purchasing Manager ~) Leo J. Cordeiro, Solid Waste Manager ~ TO: DATE: December 4, 2001 RE: Bid #02-007 End-Of-Life Electronics I have reviewed the bids received for the aforementioned and recommend award to the low bidder, Recycling Concept. LJC:dls cc: Ray Wazny, Public Works Director - '" N:\MEMOS\01 memos\01208.wpd .. z z Z 't c: c: c: . CD ., 3: 3: 3: c. m m m CD m m m 3 ::u ::u ::u I» 0 0 0 = ." ." ." 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N 0 wCCI en N :Þ 0 r 0 0 ,.o, " (§ m ~ Z 0 0 I 0 0 ." " s: I !: DJ " 0 m ~:Þ m DJ::tI r c:O m n ro -I :Þ"en ::tI ::!n:-l 0 OOr Z zc:c: Õ enzn en :J:~¡;; mnn ~OO .s:C: DJS:Z 6Cñ~ oen N- ,0 Oz om .....::tI en "" \.f AGENDA REQUEST ......,¡ ITEM NO. C-4-B DATE: December18,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING MICHAEL RATH SUBJECT: Extension of Agreement with Gee-Jenson Engineers-Architects-Planners, Inc. BACKGROUND: On December 16,1997, the Board of County Commissioners approved, pursuant to RFP No. 97-78, a three (3) year Continuing Architectural and Engineering Services Agreement with Gee- Jenson Engineers-Architects-Planners, Inc. The agreement allowed for an extension of two additional terms of one year each at the same terms and conditions. On August 22, 2000, the Board approved the first one-year option and extended the term of the agreement through September 30, 2001. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the final one (1) year option for an extension to the agreement with Gee-Jenson Engineers-Architects-Planners, Inc., and authorize the Chairman to sign the extension as prepared by the County Attorney. COMMISSION ACTION: CE: [xl APPROVED [] DENIED [ ] OTHER: County Attomey.(X) Jt. Coordination/Signatures Mgt. & Budget (~ P1,n167 Other: Purchasing Mgr.:(X) ~ Originating Dept: other: Finance: (Check Dr Copy only, if Applicable) Eff.1/97 '-' '-tI C97-12-263 EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS EXTENSION, is made and entered into this day of ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and GEE AND JENSEN, Engineers-Architects- Planners, INC. (the "Engineer"). WHEREAS, on December 16, 1997, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term until September 30, 2000 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter: and WHEREAS, on August 22, 2000, the County exercised the first one-year option and extend the term of the Agreement through and including September 30, 2001. WHEREAS, the County has notified the Engineer that it intends to exercise the second one year option and extend the term of the Agreement through and including September 30, 2002. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including September 30, 2002 on the same terms and conditions including but not limited to the Engineer's fees. 1 '-" ..,., IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: GEE AND JENSEN, Engineers- Architects-Planners, INC. Print Name: Title: 2 '-' AGENDA REQUEST ...,¡ ITEM NO. C-4-C ... DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING MICHAEL RATH SUBJECT: Award of Bid #02-009, Traffic Barrier and Guardrails at Box Culvert for Shinn Road Canal No. 58. BACKGROUND: On December 5, 2001 bids were opened for the construction of Traffic Barrier and Guardrails at Box Culvert for Shinn Road Canal No. 58. Eight hundred fifty-four (854) vendors were notified, five (5) bid documents were distributed and two (2) bids were received. The Engineering Department has reviewed the bids received and recommends that the bid be awarded to the low bidder, CEM Enterprises, Inc. (see attached memo). FUNDS AVAILABLE: Transportation Trust/Local Option Account NO.101003-41135-563000-49001. PREVIOUS ACTION: N/A RECOMMENDATION: Based on the bids received, staff recommends approval of additional project funding in the amount of $15,234 for a total project budget of $60, 134. A transfer of funds in the amount of $15,234 will be transferred into the project from Transportation Trust/Local Option Account NO.1 01003-41135-599330-400. Staff also recommends award of Bid #02-009 for the construction of Traffic Barrier and Guardrails at Box Culvert for Shinn Road Canal No. 58 to the low bidder, CEM Enterprises, Inc., in the amount of $52,395. COMMISSION ACTION: nderson ty Administrator [2{ APPROVED [] DENIED [ ] OTHER: County Attomey.(X) Originating Dept: (X) Finance: (Check Dr Copy only, if Applicable) Q¡ 'v{f- , Purchasing Mgr.:(X) J;I!-. Other: Other: ~~ EIf,1/97 , '-' ""'" ENGINEERING DIVISION MEMORANDUM 01-343 TO: Mike Rath - Purchasing Director Via: Don West - County Enginee~ ~ ~ Via: Barbara Meinhardt· Department Revenue Coordinator '611 \) FROM: Scott Isbemer - Engineering Intern ~ December 11, 2001 ~' DATE: SUBJECT: Traffic Barrier and Guardrails at Box Culvert for Shinn Road at Canal No. 58 This project will provide guardrail over the NSLRWCD Canal No. 58 for Shinn Road. On December 5, 2001 bids for this project were opened in the Purchasing office. We have reviewed the two bids received. The bids were checked using unit prices that were provided. Based on our review of the bids, we recommend award of the contract to the low bidder, CEM Enterprises, Inc., in the amount of $52,395.00. The following budget is established for the project: Construction: Testing: Reserves: TOTAL: $52,395.00 $ 2,500.00 .$ 5.239.00 $60,134.00 Funds will be made available in account 101003-41135-563000-49001 Transportation Trust/Local Option. A transfer of funds in the amount of $15,234 will be transferred into the project from 101003-41135-599330-400 Transportation Trust/Local Option - Guardrail Reserves. J .. ~ z Z Î CD C C ., s: s: s: Q. tD tD tD CD m m m 3 :;a :;a :;a I» 0 0 0 := Q. ." ." ." !II tD !;!! (") ... I» 6 c 0 ., n en c s: 0 :;a 0 "'tI 3 m (") » (") c z m s: ¡;¡ < m en m z z ~ -I 0 en -I c :¡; ëñ ¡;¡ -I C :;a .~ æ c -I m c .~ 01) UI N UI .þ. 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V>C"0 OCDI)] 0"'11) 11)0'1., «. ., UI I\) -. cCD c., ....11) ::J Co G) C 11) ., c. ., 11) -. ¡¡¡ 11) r+ D:I o >< o c <" CD ;:¡ õ' ., en ::r ::J ::J :;0 o 11) c.. 11) r+ o 11) ::J C)11) ;- ~ e: z ~ rÈ ~ ¡:;. go en IJIIJI co . c -en ~::r . :t o (Q o m 3: m ::I - (II .. "CI .. iiï (II .en S' !' " ... \"".I AGENDA REQUEST ..."I ITEM NO. C-4-D DATE: December18,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING MICHAEL RATH SUBJECT: Extension of Agreement with Hazen & Sawyer, P.C. BACKGROUND: On December 16,1997, the Board of County Commissioners approved, pursuant to RFP No. 97-78, a three (3) year Continuing Architectural and Engineering Services Agreement with Hazen & Sawyer, P .C. The agreement allowed for an extension of two additional terms of one year each at the same terms and conditions. On August 15, 2000, the Board approved the first one-year option and extended the term of the agreement through September 30, 2001. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval ofthe final one (1) year option for an extension to the agreement with Hazen & Sawyer, P.C., and authorize the Chairman to sign the extension as prepared by the County Attorney. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Mgt. & Budget Other: Purchasing Dir.:(X) J- County Attomey.(X) ~ Coordination/Signatures Ortginating Oept: Other: Finance: (Check 1br Copy only, if Applicable) Eft. 1/97 '-' -...I C97 -12-268 EXTENSION OF AGREEMENT BETWEEN COUNTY AND ENGINEER FOR CONTINUING PROFEssIONAL ENGINEERING SERVICES THIS EXTENSION, is made and entered into this day of , 2001, by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida, (the "County") and HAZEN AND SAWYER, P.C., (the "Engineer"). WHEREAS, on December 16, 1997, the County and the Engineer entered into an Agreement (the' Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis for an initial term of three years, with the County's option to extend the term of the Agreement for two additional terms of one year each; and WHEREAS, the County exercised the one year option and extended the term of the Agreement through and including September 30, 2001; and WHEREAS, the County desires to exercise the second extension option and extend the term through September 30, 2002. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended though and including September 30, 2002 on the same terms and conditions including but not limited to the Engineer's fees. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: HAZEN & SAWYER, P.C. BY: Print Name: Title: To: Submitted By: SUBJECT: SACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ~ ....., Agenda Request Item Number Date: csA Dec. 18,2001 Consent Regular Public Hearing Leg. [ I [X] [ ] [ ] Quasi-JD [ Soard of County Commissioners Community Development A-1 Trusses, Ltd., Inc. is expanding their wood truss operations in Florida to a 19 acre site on the south side of St. Lucie Boulevard. The operation will employee over 75 people and pay wages that exceed the county's average annual wages. The company is expected to make a $4.5 million capital investment in the 100,000 sq. ft. plant. The company is applying for a Qualified Target Industry (QTI) Tax Refund. The State application's requirements include a resolution in support of the company's plans and a 20% local financial support match. The company can receive $3,000 per employee through the QTI program and that would amount to $225,000. The 20% local financial support from St. Lucie County would be $45,000. This resolution supports A-1 's application and commits to a $45,000 match through the Job Growth Investment Grant (JGIG) program. Based on the criteria of the JGIG, the company would be permitted to apply for $1000 per employee for a total of $75,000. Funds are available through the County's Job Growth Investment Grant. The company will be required to submit an application for Job Growth Investment Grant, receive a recommendation from the JGIG committee and receive Board approval prior to actual disbursement of funds. NA Staff recommends approval of Resolution 01-309 tå COMMISSION ACTION: [KJ APPROVED 0 DENIED D OTHER County Attorney Originating Dept.: Finance: Coordinationl Signatures Mgt. & Budget: Other: Purchasing: Other: (AGENDencOOO) '-" --..I COMMISSION REVIEW: December 18, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Economic Development MEMORANDUM TO: County Commissioners FROM: Dennis Murphy, Assistant Community Development Director DATE: December 11, 2001 SUBJECT: Resolution 01-309 Supporting A-1 Trusses, Ltd., Inc.'s Application to the Office of Tourism, Trade and Economic Development (OTTED) for Qualified Target Industry Tax Refund Program Including Local Financial Support through a Job Growth Investment Grant in the Amount of $45,000 A-1 Trusses, Ltd., Inc. is expanding their wood truss operations in Florida to a 19 acre site on the south side of St. Lucie Boulevard. The operation will employee over 75 people and pay wages that exceed the county's average annual wages. The company is expected to make a $4.5 million capital investment in the 100,000 sq. ft. plant. The company is applying for a Qualified Target Industry (QTI) Tax Refund. The State application's requirements include a resolution in support of the company's plans and a 20% local financial support match. The company can receive $3,000 per employee through the QTI program and that would amount to $225,000. The 20% local financial support from St. Lucie County would be $45,000. This resolution supports A-1 's application and commits to a $45,000 match through the Job Growth Investment Grant (JGIG) program. Based on the criteria of the JGlG, the company would be permitted to apply for $1000 per employee for a total of $75,000. Funds are available through the County's Job Growth Investment Grant. The company will be required to submit an application for Job Growth Investment Grant, receive a recommendation from the JGIG committee and receive Board approval prior to actual disbursement of funds. cc: County Administrator County Attorney Economic Development Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '--' --..J 1. QUALIFIED TARGE TAX REFUND P A RESOLUTION BY THE COMMISSIONERS OF ST. LUCI RECOMMENDING THAT A-1 TR APPROVED AS A QUALIFIED AP 5.288.106, FLORIDA STATUT APPROPRIATION OF $45,00 IN THE QUALIFIED TAR PROGRAM FOR FISCAL Y PROVIDING FOR AN EFF WHEREAS, the Board of County testimony and evidence, includin determinations: xpansion of an existing Florida truss ses, Ltd., Inc.; and 2. ses to I in St. Lucie County on St. Lucie Boulevard just nternational Airport; and 3. ce the County's economic development efforts and iIIion in St. Lucie County; and 4. A-1 T enhance the . County's higher will cr te 75 jobs with wages that exceed average local wages, conomic development efforts and assist in alleviating the ge unemployment rate; and 5. oard of County Commissioners has committed to granting A-1 russes, Ltd., Inc. a Öb Growth Investment Grant of up to $45,000 based on $600 per job for the seventyLfive (75) new jobs created; N BE IT RESOLVED BY THE GOVERNING BOARD OF ST. LUCIE C HAT: A. d hereby recommends A-1 Trusses, Ltd., Inc., be approved as a Qualified Industry Business pursuant to Section 288.106, Florida Statutes; December 18, 2001 Resolution 01-309 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 '--' '--' Commissioner Paul B. The necessary commitment of local financial suppo Business for the Qualified Target Industry Tax R the Job Growth Investment Grant funds in the a C. This amount will be available in accordance Office of Tourism, Trade and Economic Dev represent the "local participation" required by S D. The County Administrator is directed to forward Florida, Inc. and A-1 Trusses, Ltd., Inc. After motion and second, the vote on this Resolution Chairman Doug Coward Vice-Chairman Cliff Barnes Commissioner John Bruhn Commissioner Frannie PASSED AND DULY ADOPTEP is 18th OF COUNTY COMMISSIONERS . LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY December 18, 2001 Resolution 01-309 Page 2 ¡ .....,.... To: Submitted Sy: SUBJECT: SACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: '-' ....., Agenda Request ~ j' 8 Dec 18, 2001 Item Number Date: Consent Regular Public Presentation Leg. [ ] [ x ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development Consider Draft Resolution 01-235 granting approval t ajar Adjustment #2 to t ed Site Plan for the PGA Learning Center @ PGA Villages at the Reserve (PGA Historical Center) On February 16, 1999, this Board, through Resolution 99-009, approved the petition of PGA Golf Development, Inc., for a change in zoning for a portion of Parcel 37B at the Reserve from AR-1 (Agricultural Residential - 1) to PNRD (Planned Nonresidential Development), the purpose of which was to grant Final Planned Nonresidential Development approval for the PGA Learning Center @ PGA Villages at the Reserve. On June 7, 1999, this Board, through Resolution 99-137. approved the petition of PGA Golf Development, Inc., for a for a Major Adjustment to a portion of the approved site plan for the PGA Learning Center @ PGA Villages at the Reserve. The PGA of America. Inc" is now seeking approval for a 2nd Major Adjustment to a portion of the approved site plan for the PGA Learning Center @ PGA Villages at the Reserve that provides for the following: . A reconfiguration of the lot lines associated with the PGA Learning Center, which will result in the ability of the property owners to submit a first Rep/at of PGA Commerce Center at the Reserve. . The addition of a 9,000 square foot "Historical Center" at the PGA Learning Center complex that will be used by the PGA to house memorabilia, artifacts and other items of historical interest related to the professional golfers association. The project site plan has been reviewed for consistency with the original development plans for this area and for compliance with the current County Land Development Regulations. N/A Consistent with the requirements of Section 11.02.04(D), of the St. Lucie County Development Code, staff recommends that the Board approve Draft Resolution 01-235 and that the Board authorize the final processing of the first Rep/at of PGA Commerce Center at the Reserve. COMMISSION ACTION: ~ APPROVED c==J D OTHER DENIED County Attorney Originating Dept.: Finance: Douglas M. Anderson County Administrator (k'f Coordination/ Signatures Mgl. & Budget: Other: Purchasing: c:fi . Other: ) ¡..), (AGEND606a) ;, '-' 'wi COMMISSION REVIEW: December 18, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: FROM: County Commission Dennis Murphy, Asst. Community Development Director DATE: December 11, 2001 SUBJECT: Major Adjustment #2 to the Approved Site Plan for the PGA Learning Center @ PGA Villages at the Reserve (PGA Historical Center) Attached is a copy of a Major Adjustment to the approved site plan for the PGA at the Reserve Learning Center. The purpose of this adjustment is to provide for the following: . A reconfiguration of the lot lines associated with the PGA Learning Center, which will result in the ability of the property owners to submit a replat for a portion of the Reserve Commerce center subdivision. . The addition of a 9,000 square foot "Historical Center" at the PGA Learning Center complex that will be used by the PGA to house memorabilia, artifacts and other items of historical interest related to the professional golfers association. The attached site plan has been reviewed for consistency with the original development plans for this area and for compliance with the current County Land Development Regulations. Consistent with the requirements of Section 11.02.04(D), of the St. Lucie County Development Code, staff recommends that the Board approve Draft Resolution 01-235 and that the Board authorize the final processing of the first Rep/at of PGA Commerce Center at the Reserve. If you have any questions, please let me know. P unity Development DJMI PGAlearncenter2(h) cc: County Administrtaor County Attorney County Engineer Fire Marshal Greg Boggs '-" -....I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION 01-235 A RESOLUTION AMENDING RESOLUTION 99-009 WHICH GRANTED A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND GRANTED FINAL DEVELOPMENT PLAN/MAJORSITE PLAN APPROVAL FOR A PROJECT KNOWN AS PGA LEARNING CENTER @ PGA VILLAGES (AIKIA THE RESERVE) TO PROVIDE FOR MAJOR ADJUSTMENT #2 TO THE APPROVED SITE PLAN FOR THE PGA LEARNING CENTER @ PGA VILLAGES AT THE RESERVE (PGA HISTORICAL CENTER) WHEREAS, the Board of County Com/'TlÌssioners 0[81. Lucie County, Florida, based on the testimony and evidence, includin~Jbut notlimite.d to the staff report, has made the following determinations: 1. On February 16, 1999, this Board, through Besolution 99-009, approved the petition of PGA Golf [)evelopment, Inc., <for a change in zoning for a portion of Parcel 378 atthe Res~rve from AR-1 (Agricultural Residential - 1) to PNRD (Planned Nonresidehtial pevelopment), the purpose of which was to grant Final Planned Nonresid~ntial Development approval for the PGA Learning Cente(@ PGA Víllagesåt the Reserve. 2. On Jung7, 1999, tþisBÒélrd, through Resolution 99-137, approved the petitionqtPGA Golf Development, Inc., for a for a Major Adjustment to a portion of the approved site plan for the PGA Learning Center @ PGA Víllagesat the Reserve, 3. The PGA of America, Inc., is now seeking approval for a 2nd Major Adjustment to a portion of the approved site plan for the PGA Learning Center @ PGA Villages at the Reserve that provides for the following: . A reconfiguration of the lot lines associated with the PGA Learning Center, which will result in the ability of the property owners to submit a first Replat of PGA Commerce Center at the ReseNe. . The addition of a 9,000 square foot "Historical Center" at the PGA Learning Center complex that will be used by the PGA to house memorabilia, artifacts and other items of historical interest related to the professional golfers association. December 18, 2001 Resolution 01-235 Page 1 1 3. 2 3 4 5 6 7 4. 8 9 10 11 12 5. 13 14 15 16 17 6. 18 19 20 21 22 7. 23 24 25 26 27 8. 28 29 30 31 9. 32 33 34 35 10. 36 37 38 11. 39 40 41 42 12. 43 44 45 '-" ...., The Development Review Committee has reviewed the. proposed Major Adjustment and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. The Development Review Committee has reviewed the proposed Måjor Adjustment and found it to be consistentrwith the Preliminary Plaruì8d Development Plans for the area known as PUD /J/ @ the Reserve, subject to the conditions set forth in Part A of this Resolution. The Development Review Committee hasreviewedthe...Proposed Major Adjustment and found it to be consistent with the previo~~ly approved site plan for the PGA Learning Center @ PGAVíllages at the ßeserve, subject to the conditions set forth in Part A of this Resolution. The proposed project remains consistentWìth the general purpose, goals, objectives, and standards of .t.he St. UúCie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie Coun!y. The proposed project will not havEfan undue adverse effect on adjacent property, the characte~n8f the nEl.ighborhopd, traffic conditions, parking, utility facilities, or other: matters affecting the public health, safety and general welfare. AI.Lfšélsonable stepS2élye beentå.ken to minimize any adverse effect of thepE9Pp§ed projectonlre immediate vicinity through building design, site design, landscaping, and screening. " The proposed project wi.Hbeconstructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance With applicable district regulations. The proposed project will be served by adequate public facilities and services. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. A Certificate of Capacity, a copy of which is attached to Resolution 99- 009, was granted by the Community Development Director on February 16, 1999, and shall remain in effect for the duration of this Resolution as described in Part C below, Resolution 01-235 Page 2 December 18, 2001 '-" ....." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St. Lucie County, Florida: A. Pursuant to Section 11,02.04 of the St. Lucie County Land Dey~lopment Code, the Major Adjustment #2 to the approved Final Site Plarrfor}tbe project known as PGA Learning Center @ PGA Villages/PGAH/storical Center, at the Reserve, be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Thomas Lucida & Associates dated and date stamped received by the St. Lucie County Community Development Director on subject to the special conditions as described in Resolution 99-009, B. The property on which this Major Adjustment to the approyE;¡p site plan for the PGA LEARNING CENTER @ PGA VILLAGES at thecHeserve PUD, approval is being granted is described as foIlQyv's: DESCRIPTION: PGA LEARNING CENTER @ pGA VILLAGES (at theJleserve PUD) BEING ALL OF POD 37B ACCORDING TO THE PLAT OF PGA COMMERCE CENTRE AT THE RESERVE AS RECORDED IN PLAT BOOK 37, PAGES 6, 6A AND6B, PUBLiC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING A PART OF THE FOLLOWING DESCRIBED PARCEL; BEING ALL OF COMMERCIAL PARCELS 3 AND 4 AND ALL OF POD 37B, ALL ACCORDING TO THE PLAT OF PGA COMMERCE CENTRE AT THE RESERVE AS RECORDED IN PLAT BOOK 37, PAGES 6,6A AND 6B, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THE FOLLOWING DESCRIBED PROPERTY, A PARCEL OF LAND BEING A PORTION OF POD 37B AND COMMERCIAL PARCEL 4, AS SHOWN ON THE PLAT OF PGA COMMERCE CENTER AT THE RESERVE, AS RECORDED IN PLAT BOOK 37, PAGES 6, 6A AND 6E, PUBLIC RECORDS OF ST, LUCIE COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BE~INAT THP SOUTHEAST CORNER OF SAID POD 37B; THENCE TRAVERSING THE BOUNDARY OF SAID POD 37B. THE FOLLOWING SEVEN COURSES: 1.) NORTH 89° 59' 49" WEST, A DISTANCE OF 652,88 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TOTHE NORTi-iEAST AND HAVING A RADIUS OF 100.00 FEET; 2.) NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 79° 12' 18', AN ARC DISTANCE OF 138.24 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 312.00 FEET; 3.) NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 40° 09' 47' AN ARC DISTANCE OF 218.70 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 521.00 FEET; 4.) NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 42° 28' 44', AN ARC DISTANCE OF 386,27 FEET TO A POINT OF TANGENCY WITH FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 528.00 FEET; 5.) NORTHERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 26° 35' 37, AN ARC DISTANCE OF 245,07 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 300.00 FEET; 6.) NORTHERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 18° 12' 47", AN ARC DISTANCE OF 95.36 FEET TO A POINT OF NON·RADIAL INTERSECTION 'WITH A LINE (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 89° 54' 16' WEST FROM THIS POINT), SAID LINE BEING THE SOUTH LINE OF RESERVE P.U.D SECTION III, COMMERCIAL TRACT B SOUTH; December 18, 2001 Resolution 01-235 Page 3 '-" """ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 7.) THENCE, DEPARTING THE BOUNDARY OF SAID POD 37B, SOUTH 66~51~34' EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 958.00 FEET TO A POINT ON THESOUTHWESTERL Y LINE OF SAID COMMERCIAL PARCEL 4; THENCE, CONTINUE SOUTH 66D 51' 34'EAST,ALONG SAID SOUTH LINE, A DISTANCE OF 76.78 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 663,47FEET(THS RADIUS POINT OF SAID CURVE BEARS SOUTH 84D 47' 22" WEST FROM TI1ISPOINT), SAIDeplNT OF INTERSECTION BEING ON THE EASTERLY LINE OF SAID COMMERCIAL PARCEL 4;rHENCE, DEPARTING SAID SOUTH LINE, SOUTHERLY, ALONG THE ARC OF SAID CURVE AND SAID EASTERLY LINE OF COMMERCIAL PARCEL 4, THRUA CENTRAL ANGLE OF 00056'12', AN ARC DISTANCE OF 11.23 FEET TO THE SOUTHEAST CORNER OF SAID COMMERCIAL PARCEL 4; THENCE CONTINUE SOUTHERLY, ALONG THE. EAST LINE OF POD 37B ANQ THE ARC OF SAID CURVE, HAVING A RADIUS OF 663.47. FEET,rI1RU A CENTRAL ANGLE OF 040 14' 37", AN ARC DISTANCE OF 49.14 FEET TO A POINTOFTANGENCY WITH A LINE; THENCE SOUTH 000 35' 18" EAST, ALONG SAID LINE AND SAIDEASTtlNE OF POD 37B, A DISTANCE OF 1440.37 FEET TO THE POINT OF BEGINNING. CONTAINING 24.0209 ACRES, MORE OR LESS. C. The approvals and authorizations granted by this~i~8I~tion, for the purpose of obtaining building perrJ"\its.on~.Qis propertY'1~hall expire on December 18, 2003. In the eventp.t any cqn.tlipt betw~en Resolution 99- 009 and this Resolution, the provisions o.t Reso.lution 01'"235 shall apply. D. The amended Final Planned Nonresidelltíª' Development Site Plan/General Site Plan approval granted.l.JI1(:1er this resolution is speci.tically conditioned to the requirement that the petitioner, PGA of America, inc., including any suçcessors .in interest, shall obtain all necessary development permits é!-9d construction authorizations from the appropriate State and Federal rggulatory authorities, including but not limited. to; the United States.Arrrîy Corps of Engineers, the Florida Dep~rtment of Enyironmental Brotection, and the South Florida Water Man~gement District, prior to theis..suance of any local building permits of authorizations to>commence development activities on the property described in Part B. E. The conditions referenced. in Part A are an integral nonseverable part of the site/plan approval granted by this resolution. If any condition set forth in Section C is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this Resolution was as follows: Chairman Doug Coward xxx Vice-Chairman Cliff Barnes xxx December 18, 2001 Resolution 01-235 Page 4 '-' <.."J 1 2 Commissioner John Bruhn 3 4 Commissioner Frannie Hutchinson 5 6 Commissioner Paula A. Lewis 7 8 9 PASSED AND DULY ADOPTED this 18th day of 10 11 12 13 14 15 16 17 18 19 20 BY 21 Chairman 22 23 24 25 APPROVED AS TO FORM AND 26 CORRECTNESS: 27 28 29 30 31 32 COUNTY ATTORNEY 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DJM/ December 18, 2001 Resolution 01-235 Page 5 0CD® CD E N 1 ~. I f; I ~¡Ii !;I ~I 1- ! f ..~ .~ I' , I l ~r il II~ i= Iii !;i!I~1 ,. I~I ! j i' i ~ if · ¡ .! . I' d ~ ¡I! .1 I r 3 .~. 'Ii æ~!~ ~I I Jil~ ¡ i~~ ~ -I · I I Iq ~i . h . J h~" .' !i~i ~nl~ r ì ~=il ø i I U , ¡i,lir li~ I! '" !r I nn ! h .' , i ~ft , .. . " - . w > Jt ([ til I illi I ¡ Uø il w .,S If Ii I i1,~~ g I! I (/) I~~ I~I" 'il i I I, >g ~I I~~ I W illS Î~I !( hn ~' II Ii II Ii :I'~ ~ I;;~ Ii êB ~ III!~ II' 1ft ¡II' I 51 <g ~i~ ftl ~ II~ ~ , Ig > i Ig ft. !'II il 'ft " ¡;rhl I. g . I !. a.. J: till ~ t í - . e ll,~ i,; l . l' LL .... !i~ m I' III I! g Ir' I! I !! Iii I! 1m o .... i I~ I. if ,~ I~' " " ì ; .' 5 .... < A;~ .~ ¡i :11 ¡í ëï ~ I ~iI æi :~g h :!H < W I~j! ....1([ I a...... I~I- w z tl;i~ .1 ([W~!li III · il" .... 0 !lill (/) W~!I 18 II. I , ~ ~III I! ([ 0 ~"i 1'1 LL ([ i~ IE , ìI ~I M: II J . ¡ W elj" III ,i. ¡ = II . ' i¡hl IIi I!~ bl!! ; i ~ II~ r~1 I I ~ ", III ~ !IUg iI¡ ~h!~ .\ ~ od ; o A; 1'" I ii n; ~h Ifill! I ~ f .Ii II! I I ,r' ·t I Ilr¡ ··1 if! rli ¡I! ' hi I II: In II~' ~f~ ~ I" I il ';1 · Iii ul · ~~. I b" II r" ~"í~ d~! 5 .fl I!II ¡ Ie" lib I Ui If' I . . . ii, i ~ ¡¡ " . I!i . "iÎ Iii·' :Ii ¡ ! i i '-' ! ~l!I~~ I~~~! i,i~~ i~¡~ti ~nl~ '" i . ¡Ii ~ II' I g~ ~ ~~i ø . , . !I . .... 0..' ...:tIiI~~ " _ Hf~~~~".··~" u< .;~ w > ¿ .r<> ([ ;; ~ 1m W -i~t ~~ en ~~rð i! W Q. ~ IS <C c: ~¡gi ,¡ CJ w ~§~~ --J a. I ftl!!~g U. I- ~~~§ N i.l Þ III o I- ~t~~ ~ I,!. /' « ~~~~ ;¡ ----- - " - - - ~~ I- ~ ~..I;; :J: II II! ì'""""~c=,,=':::';;'!;"-" :s ~ Ii¡~ ¡ i , .=------ · fb !z ~I~i ~ I :~ c: w ~ tiÊ ~ ~ '-- ' I- () ~ ~g 8 '\ ~ w ~~II:g I~ !:::!:: () ... ~ t) ~~ u. ffi i~3g ¡¡ ~ '0:::: ~ ~ ~ ~ .::: !i~ l ~ ~uS o ~~ I () Q. : ¡ · · · ~IZ IiI I I I i I ! I I ~!~ I ~:g I ~i~ I I - '--. '-"'AGENDA REOUEST "wJI ITEM NO. C-6 DATE: December 18,2001 REGULAR PUBLIC HEARING [ CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration PRESENTED BY: Robert Bradshaw SUBJECT: Florida Grapefruit League Association Dues BACKGROUND: In May of 2000, St. Lucie County became a Charter Member of the Florida Grapefruit League Association (FGLA). The purpose of the association is "...to retain, strengthen and promote the spring training industry." (See attached story) St. Lucie County is hosting the January 2002 FGLA meeting. Annual dues in the amount of $2,000 are now due, however, this amount was not budgeted in the Board's fiscal year 2002 budget. There are unallocated reserves set aside in the Sports Complex Fund (461) which, with the Board's approval, can be used for this purpose. The Sports Complex Budget Coordinator will ensure this expense is budgeted in future years. FUNDS AVAILABLE: Funds will be made available in 461-7520-554000-700 Sports Complex Fund - Dues and Memberships PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve moving funds from available reserves in the Sports Complex Fund and using them to pay annual dues for membership in the Florida Grapefruit League Associaion. 1 attachment: Business News story COMMISSION ACTION: [~APPROVED [] DENIED [ 1 OTHER: Coordination/Signatures County Attorney: XX Management & Budget: XX Purchasing: Originating Dept: Public Works: Other: Parks & Rec/Sports Comp: XX Finance: (Check for Copy only, if applicable) XX Grapefruit League organization to promote spring training '-' Page 1 of3 ~ naplesnews.com I Flont P<lge I Loul news I \'¡eathel I Enœltainnlent I U<lssified I r ommunity I GoShopNaples Naples Bonita MarçQ I Florida I Sports B_llslDess I Real Estate I Neapolitan I Relioion Homes Business news E-mail this stOry to a friend,.. Grapefruit League organization to promote spring training Thursday, January 13, 2000 By CLAY W. CONE, Staff Writer The Florida cities and counties that host Major League Baseball teams each spring have fonned an organization which will serve as an advocacy group for the state's multi-million dollar spring training industry. Known as the Florida Grapefruit League Association, the organization will work to retain, strengthen and promote the spring training industry. The coalition consists of representatives from the 19 public and private venues in Florida that house the spring training operations of some 20 professional baseball teams. The group is headed by David E. Cardwell, an attorney with the law finn of Holland & Knight in Orlando. Emily Kauffman, left, and her sister Laurel, hold up two baseballs in the hope of getting a few autographs from certain Boston Red Sox players last spring at City of Palms Park in Fort Myers. The Red Sox is one of 20 Major League Baseball teams training in the Sunshine State. In an effort to promote statewide recognition of the industry, organizers have formed the Florida Grapefruit League Association. Daily News file photo "The Florida Grapefruit League Association recognizes that Major League Baseball spring training in Florida and minor league baseball http://www.naplesnews.com/today/business/d353889a.htm 12/11/2001 Grapefruit League organization tl) promote spring training '-' Page 2 of3 ....I represent a major industry for the state of Florida which provides both substantial revenue and entertainment for our residents and visitors alike," Cardwell said. In addition to promoting statewide recognition of spring training, the group will serve as a clearinghouse for information on the industry, Cardwell said. According to the most recent authoritative statewide study of spring training conducted in 1991 by Van Horn & Associates, the industry generated $305 million in total revenues. There were a total of 18 teams training in Florida at that time, equating to $16.9 million per team. Those figures closely parallel the findings of a recently completed study conducted by the Tampa Bay Regional Planning Council, which documents the economic impact of nine professional baseball teams training in five Central Florida counties. That study found that these teams alone pump an estimated $224 million into the state's economy and $195 million into the economy of West Central Florida. The average team generates $17 million in direct expenditures and creates more than 350 jobs, the study found. "Using these latest figures, the statewide impact of the 20 teams that currently train in Florida would be in the neighborhood of around $340 million, making spring training a very significant industry for the Sunshine State," Cardwell said. The Florida Grapefruit League Association held its organization meeting in November in Kissimmee, and will hold monthly scheduled meetings, said Kurt Luttermoser, director of sales for Polk County Sports Marketing, a sports commission that operates under the Central Florida Development Council. Among the upcoming meetings is a Baseball Summit on Feb. 24 in Lakeland. The meeting will bring together general managers and other representatives ofthe 20 teams that train in Florida to discuss a wide variety of issues facing the industry. "It's the first of its kind in a long while," Luttermoser said. Ii Ii Ii The Major League Baseball teams that currently conduct spring training in the Sunshine State and their respective host communities (those in Southwest Florida are highlighted) are: Atlanta Braves, Lake Buena Vista; Baltimore Orioles, Fort Lauderdale; Boston Red Sox, Fort Myers; Cincinnati Reds, Sarasota; Cleveland Indians, Winter Haven; Detroit Tigers, Lakeland; Florida Marlins, Melbourne; Houston Astros, http://www.naplesnews.com/today/business/d353889a.htm 1211 112001 Grapefruit League organization tQ promote spring training '-'" Page 3 on -...J Kissimmee; Kansas City Royals, Haines City; Los Angeles Dodgers, Vero Beach; Minnesota Twins, Fort Myers; Montreal Expos, Jupiter; New York Mets, Port St. Lucie; New York Yankees, Tampa; Philadelphia Phillies, Clearwater; Pittsburgh Pirates, Bradenton; St. Louis Cardinals, Jupiter; Tampa Bay Devil Rays, St. Petersburg; Texas Rangers, Port Charlotte; Toronto Blue Jays, Dunedin http://www.naplesnews.com/today/business/d353889a.htm 12/11/2001 ß..Æ-TO-LlNE TRANSFER REQUE~ DEPARTMENT: OMB for Administration DATE: December 11, 2001 TO: 461-7520-5-700 Dues & Membershi s $2,000 $0 FROM: 461-9910-599000-800 Reserves $2,000 $37,749 REASON FOR TRANSFER: CONTACT PERSON: DEPARTMENT APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: Gary Perdew PHONE #: 462-1670 OMB NOTES: APPROVAL DATE: INPUT BY: LlNE-TO-LlNE TRANSFER #: DOCUMENT #: """/ '-' AGENDA REQUEST ITE~O. ~ DATE: December 18, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-01 - Revised Guidelines - Industrial Development Revenue Bonds - Permission to Advertise BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise a public hearing on January 15, 2002 at 7:00 p.m. to consider whether to adopt Resolution No. 02-01. [2g APPROVED [ ] DENIED [ ] OTHER: D glas Anderson County Administrator COMMISSION ACTION: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff, 5/96 '-' ..,.¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2774 DATE: December 10, 2001 SUBJECT: Resolution No. 02-01 - Revised Guidelines - Industrial Development Revenue Bonds - Permission to Advertise ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: At a recent meeting, the Board requested that County staff, along with the County's bond counsel and financial advisor, review the county's existing guidelines for issuing industrial development revenue bonds (IDRBs) and recommend any suggested revisions. Attached to this memorandum is a copy of draft Resolution No. 02-01 which incorporates a revised set of guidelines and procedures in blackline for issuance of IDRBs. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise a public hearing on January 15, 2002 at 7:00 p.m. to consider whether to adopt Resolution No. 02-01. Daniel S. McInty County Attorne DSM/caf Attachment \w .~ RESOLUTION NO. 02-01 A RESOLUTION ADOPTING A REVISED SET OF GUIDELINES AND PROCEDURES FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners has made the following determinations: 1. Part II of Chapter 159, Florida Statutes (the IDRB Act, authorizes this Board to Issue Industrial Development Revenue Bonds (IDRB for projects to be used by private sector entities ( Projects) . 2. Section 159.29, Florida Statutes, directs this Board to determine whether a proposed Project complies with specified criteria and requirements. 3. The Internal Revenue Code of 1986, as amended (the "Code") , imposes certain requirements which must be satisfied in connection with the issuance of IDRB . 4. On January 15, 1985, after publishing notice in the Fort Pierce News Tribune on December 20,1984, and January 4,1985, this Board held a public hearing on a proposal to establish guidelines and procedures for the issuance of IDRBs in St. Lucie County. 5. By Resolution 85-28, this Board approved "Guidelines and Procedures for the Issuance of Industrial Revenue Bonds in St. Lucie County" (the "Guidelines"). 6. It is necessary and desirable in light of the responsibilities imposed by the IDRB Act and the complexity of the requirements imposed by the Code that the County provide explicitly for review of proposed Projects and IDRBs by bond counsel and financial advisor retained by the County in order to fully and adequately provide for protection of the interests of the County in connection with the issuance by the County of IDRBs and for the payment of fees associated with such review by the applicant for such financing. 7. The attached Guidelines contain revisions to Sections II.C. and IILC.1. intended to address such matters, [8. On. January , 2002, and Guidelines, as so revised.] _, 2002, after publishing notice in The Tribune on , 2002, this Board held a public hearing on the '-' ""'" NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: A. The Guidelines and Procedures for the Issuance of Industrial Development Revenue Bonds in St. Lucie County, as revised and as attached to this resolution be, and they are hereby, adopted. B. hereof. This resolution and the Guidelines shall be effective on the date of adoption PASSED AND DULY ADOPTED, this _ day of ,2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman ATTEST: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney '-' '...I GUIDELINES AND PROCEDURES FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN ST. LUCIE COUNTY I. BACKGROUND Industrial development revenue bonds (IDRBs) are securities issued by a local governmental agency (here, St. Lucie County) for the purpose of financing capital facilities for use by private business and industry. Usually, the facilities are leased or sold by the agency to qualifying industries for lease or installment purchase payments necessary to retire the bonds. The debt service on the bonds is paid solely from revenues or payments received from the company; there is no undertaking on the part of the County or any other governmental unit to make such payments other than from the least or installment payments received. IDRB financing often is comparable to ordinary note and mortgage financing in that a private lender (the bond purchaser) agrees to lend funds to a private company (by buying the bonds). The facilities (the capital project) that the lender's funds (the bond proceeds) are used to finance are mortgaged to secure repayment of the loan (the bonds). In the case of IDRBs, the local issuing agency (St. Lucie County) serves as a pass- through medium. The loan is made to (the bonds are issued by) the County, and the County in turn lends the funds (the bond proceeds) to the private company (the project proponent) to pay the cost of the capital project. For federal income tax purposes, the action of passing the loan through the County qualifies the loan as a special obligation of a local governmental agency. Because IDRBs are considered a special obligation of a local governmental unit, and providing the project meets all qualifying conditions, the interest on the bonds is not subject to federal income tax. The lender (the bond purchaser), therefore, need not charge the same interest rate in order to receive the same net (after tax) rate of return as if the loan were made on a conventional basis. The resulting savings is passed on to the borrower (the project proponent) in the form of an interest rate that is lower than that obtainable through conventional financing. II. GUIDELINES A. Use of Bond Proceeds. Library: JacksonvilJe; Document #: 8285v2 '-' """ The use of proceeds realized from the sale of IDRBs issued by the Board of County Commissioners of St. Lucie County shall be governed by the regulations and laws of the State of Florida and the United States Internal Revenue Code. B. Financial Structure. 1. The legal structure of the proposed financing may take any form that is permitted by the applicable federal and state statutes in effect at the time of the bond issue closing. 2. The Board of County Commissioners generally will require that the assets financed with the proceeds of IDRBs be pledged as security for repayment of the bonds. 3. The Board of County Commissioners generally will require that the term of the bonds be no longer than the useful life of the project financed. 4. If the project is for a corporate subsidiary, the Board of County Commissioners generally will require that the parent company guarantee the bonds. 5. The Board of County Commissioners generally will require that prospective bond issues not considered of investment-grade quality be sold only by private placement or limited public offering. 6. The user of facilities financed by IDRBs shall pay, as they become due, all taxes, fees, and other assessments levied by all state and local governmental agencies having jurisdiction over the facilities. 7. The IDRBs generally will be required to be redeemed if interest on the bonds becomes taxable or if construction or operation of the project is halted. 8. At least 10 days notice shall be provided to the Board of County Commissioners prior to any sale or other disposition of a project financed with IDRBs. C. Fees and Expenses. 1. An applicant for IDRBs will remit with the application a [nonrefundable fee of $1,500.] f~~ in ðCCðl"dðl'lC~ wit'" t"'~ fOIlO...il'lg sc"'edule: ð. Räul'ldil'lg al'l ~xistil'lg issl:le $300.00. 6. Issu~s for ol'lgðil'lg ðgel"ðtil'lg bl:l3il'less~s for w"'ic'" at least t"'ree 'fears of Library: Jacksonville; Document #: 8285v2 '-' '-' fil'lal'lcial 3tatelT\el'lt3 are 3ublT\itted for al'lalY3i3, al'ld for l'Ie', ,el'lture projects for ",kick il'lstitutiol'lal guaral'ltees are available sufficiel'lt to rel'lder tke bot'lds il'l\.'estmel'lt grade quality $500.00. c. All otker issues $700.00.} 2. The County AttorneyL the County's bond counsel, and the County's financial advisor] shall represent St, Lucie County (for 011 IDRBs i33I:Jed by tke Boord of COI:Jl'lty Commissiot'lers, al'ld tke }[in connection with the review of the proposed IDRB issue, the financial feasibility thereof, the documents and procedures relative thereto, and the fiscal soundness of the applicant. The] applicant shall pay all [fees and] expenses incurred by the County {Attol"l'Ie'( il'l þro,tiding sl:Jck reþl"esentatiol'l.} [in connection with such representation: provided that, in the absence of extraordinary circumstances, such fees and expenses shall be deemed included in the administrative fee paid by the applicant as provided in paragraph 4 of this Section II.C.] (3. Tke aþþlical'lt 3kall) [3. The applicant may] designate bond counsel for the issue, subject to acceptability to the (Board of Coul'ltr COI1'1missiol'lel"s, al'ld skall þOr tke cost of suck services.} [County Attorney, or may request that the County's bond counsel serve as bond counsel on the issue. If the applicant chooses to have the County's bond counsel serve as bond counsel for the issue, the applicant shall negotiate the fee for such services with such bond counsel, who will represent the County as bond counsel, and shall pay the fees and expenses associated with such services: provided that, in such event. the applicant shall be entitled to a credit against such negotiated fee one-third (1/3) of the amount of the administrative fee payable to the County pursuant to paragraph 4 below.] {4. AI'I admil'listrati'¢e fee of 0.1 þercet'lt of tke first $1,000,000 al'ld 0.05 þercet'lt of tke remainit'lg amount of IDRBs will be ckarged at tke closil'lg for botk it'litial and rdunding (I'IOte ol'ld bal'ld) iSSI:JE:s but suck adlTlil'li3trative fee skalll'lOt exceed $15,000 for 01'1'( sil'lgle isstJe.) [4. In addition to the application fee payable as provided in paragraph 1 above, the applicant shall pay, at or before the date of issuance of the IDRB's in immediately available funds, an administrative fee equal to one-half of one percent (0.5"0) of the aggregate principal amount of IDRB's issued, provided that such fee will be not less than $10,500 and, in the absence of extraordinary circumstances, Library: Jacksonville; Document #: 8285v2 '-' """ not greater than $30,000, regardless of the principal amount of IDRB's issues. Extraordinary circumstances may include, but not necessarily be limited to, bonds issued in multiple series, bonds secured by complex collateral mechanisms, bonds having complex financial structures (variable rate, multi-modal, etc.), and other factors affecting the process of review and approval of the documents and structure of the bonds.] 5. The applicant shall be responsible for paying all fees charged by any ("arty to} [participant in] the bond issue, must pay all County fees at or prior to closing [in immediately available funds]. and shall make arrangements [satisfactory to the County] for payment of all other fees [and expenses]. III. PROCEDURES A. Preapplication Review. Representatives for a potential applicant for the issuance of IDRBs may appear at a work session of the Board of County Commissioners to outline the proposed capital project and to request a preliminary, informal, and nonbonding indication of whether the proposal might receive favorable consideration. No further review or analysis will be performed by the Board of County Commissioners or County staff until an application is filed. B. Application. An application for the issuance of IDRBs shall be made to the Board of County Commissioners. The original and 10 copies of the application shall be submitted with the appropriate application fee to the County Attorney. The application shall be on the company letterhead and shall include the following information about the applicant and the project: 1. Applicant's name, parent company name or names of principals with 10 percent or more interest in the applicant, names of applicant's principal operating officers, names of principals with 10 percent or more interest in the project, and the applicant's business address and telephone number. 2. Specific amount in U.S. dollars being requested to be raised by the issuance of IDRBs. 3. A statement describing the applicant, its history, and its operations. 4. A statement describing the sources and uses of funds for the project, as follows: a. Sources of funds i. IDRB proceeds Library: Jacksonville; Document #: 8285v2 ~ '-" ii. Equity (cash, letter of credit, etc.) iii. Other (fixed assets, etc.) b. Uses of funds i. Land acquisition, including location and size ii. Building construction, including type and size III. Equipment, listed by type and cost iv. Other costs, itemized 5. A statement indicating the applicant's estimate of its financial performance as a result of new investment made possible by IDRBs. 6. A statement indicating the proposed security for and guarantors of the bonds, 7. A statement describing the proposed method of selling the bonds. 8. Audited financial statements (including balance sheet, income statement, statement of changes in financial condition, and all accompanying notes) of the applicant, parent company (if any), and bond guarantors for the preceding three years. If personal guarantees are required, include a current balance sheet for each individual guarantor, 9. If the applicant has been in business for less than three years, pro-forma statements covering the three years following the commencement of operation of the project. 10. If the application is for a new venture project and institutional guarantees are not available sufficient to render the bonds investment-grade quality, an independently prepared feasibility report on the project. The form, content, and author of the report must be acceptable to the Board of County Commissioners. 11. A statement describing the expected economic impact of the project, including existing employment preserved, new jobs created, approximate annual wages to be paid for new jobs created, and new capital investment. 12. A statement describing the zoning, land use, and other laws, ordinances, rules, and regulations affecting development of the project. 13. A statement indicating the availability or method of providing water, sewer, and other necessary services for the project. 14, A statement describing the effect of the project on the local community, and in particular the environmental impact of the project. Library: Jacksonville; Document #: 8285v2 "-' ...., 15, A notarized certificate executed by a principal or the chief executive or operating officer of the applicant, as follows: I hereby certify (a) that I am authorized to submit to the Board of County Commissioners of St. Lucie County, Florida, this application for the issuance of industrial development revenue bonds; (b) that I have reviewed the guidelines and Procedures for the Issuance of Industrial Development Revenue Bonds in St. Lucie County and have determined that this application and the project contemplated hereby meets the requirements set forth in such Guidelines and procedures; and (c) that the information contained in this application is true, correct, and complete to the best of my knowledge and belief. C. Application Review. Florida Statutes require that agencies issuing IDRBs determine that projects financed are appropriate to the needs and circumstances of and will make a significant contribution to the economic growth of the community in which located, and that affected local communities will be able to copy satisfactorily with the impact of the project. In addition, issuing agencies must also determine that the applicants for such projects are financially responsible and fully capable and willing to operate and maintain the project and to make payments as required to pay principal and interest on the bonds. 1. Financial sufficiency factors, In determining financial responsibility and ability and willingness to make required payments of principal and interest, the Board of County Commissioners will consider financial sufficiency information for both the project and the applicant, a. History of financial performance. An examination of audited financial statements submitted by the applicant must lead to the conclusion that the company will be able to generate revenues sufficient to operate and maintain the project and to make all required payments of principal and interest on the bonds. Should audited financial statements not be available, the Board may agree to accept statements in unaudited form supported by corporate income tax returns in order to commence processing of the application. Prior to the closing of the bonds, however, statements for the most recently completed period of operations must be submitted with an audit opinion from a Certified Public Accountant. b. Collateral value of pro iect, Except in the case of il'WEstlTlEnt grad€. quality bonds} [bonds rated "investment grade" by a major bond rating agency]. the Board will require that any bond issued b€. 3€.cur€.d }[, and any obligation to make payments to the County or to any third party in connection with the bonds or security therefore, be secured at a minimum] by a first mortgage or first lien on the project financed. Tn€. Beard will} [In determining the Library: JacksonvilJe; Document #: 8285v2 '-" """" sufficiency of such collateral, the Board may] consider the ratio of market value of the project to the size of the proposed financing [and such other factors as it deems appropriate]. c. Additional security or guaranty. The Board may require the guaranty of the principals or of third parties, or may require letters of credit or debt service insurance [as a condition to the issuance of bonds]. In determining the need for [such] additional security or guaranty, the Board wt+ij [may] consider the ratio of the applicant's net worth to the size of the financing, the value of the assets being acquired, and other factors as may be appropriate. 2. Staff report. The application for IDRBs will be reviewed by the County Administrator, County Finance Director, County Development Coordinator, and County Attorney. The designated County staff shall report to the Board of County Commissioners on the following matters: a. The accuracy and completeness of the application. b. The financial soundness of the proposed project, the applicant, and any guarantor. c. Conformance of the project and the proposed financing with applicable federal, state, and local statutes, policies, and guidelines. d. Potential impact of the project on the St. Lucie County economy. e. Potential impact of the project on the St. Lucie County environment. 3. Board action. a. When the County staff report is complete, the report and the application will be presented to the Board of County Commissioners for consideration at a regular meeting. i. If the Board accepts the application, it will authorize publishing notice of a public hearing to be scheduled in accordance with the provisions of the federal Tax Equity and Fiscal Responsibility Act of 1982. ii. The Board may decide, however, that it requires additional information, or it may decline to consider the application further and suggest that the applicant seek alternative sources of financing. Library: Jacksonville; Document # 8285v2 '-' ''wI b, If the application is scheduled for a public hearing, the applicant, through bond counsel, shall be responsible for preparing the required notice of public hearing and submitting the notice to the County Attorney for review and publication. In addition, the applicant, again through bond counsel, shall be responsible for preparing the draft of an inducement resolution as described below and for submitting the draft to the County Attorney for review and circulation to the Board of County Commissioners. Following the public hearing, the Board will decide whether the project is financially sound, will inure to the benefit of the residents of St. Lucie County, and will meet all other criteria and requirements of Section 159.29, Florida Statutes. I. If the Board so decides, it may adopt a resolution authorizing execution of a memorandum of agreement between the Board and the applicant specifying the terms under which the Board will issue IDRBs and inducing the applicant to proceed with the project. ii. Again, however, the Board may decide that it requires more information, or it may decline to consider the application further. c. If a project is approved for IDRB financing, the applicant, through bond counsel, shall be responsible for preparing the Application for Notice of Intent to Issue Bonds and Request for Written Confirmation required by Executive Order Number 84-141 of the Governor of Florida. 4. Extension and subsequent allocation. Generally, the term of the memorandum of agreement authorized by the inducement resolution shall be limited to one year, and shall be subject to the continuing availability of a confirmed allocation and continuing financial responsibility. Any request for an extension shall be accompanied by copies of the latest financial statements for the applicant and the project, a written explanation for the delay in completing the financing, and a report on the status of the project. However, in the case of carryforward allocation for a "priority project" as defined by Governor's Executive Order 85-20 such request shall not be required. Moreover, an IDRB issued receiving a confirmed allocation for one calendar year shall not be entitled any priority for an allocation for the next calendar year. Therefore, if bonds are not sold in the year for which a confirmed allocation is received, Board of County Commissioner approval must be obtained for any allocation for a subsequent calendar year. D. Preparation of Bond Documents. Library: Jacksonville; Document #: 8285v2 '-' ...., After review and approval of the application, adoption of an inducement resolution, and execution of a memorandum of agreement, the applicant, in consultation with bond counsel, the County Attorney, and the bond purchaser, may initiate appropriate steps leading to the final preparation of the bond documents, E, Bond Validation. If deemed necessary or desirable by the County Attorney or the parties to the bond issue, the bonds may be validated in the manner prescribed in Chapter 75, Florida Statutes. F. Sale of Bonds. 1. The action of the Board of Country Commissioners in approving the issuance of IDRBs following a public hearing and entering a memorandum of agreement with the applicant for such issuance should not be construed as indicating the marketability of the bonds. Rather, those actions simply represent an agreement by the Board to issue its bonds only if a willing purchaser can be found and upon the execution of bond sale documents mutually agreeable to all parties. 2. The obligation for the repayment of IDRBs rests solely with the applicant, and neither the Country, the State, nor any political subdivision of the State is responsible for their repayment or for any associated expense. Thus, subject to the conditions contained in these Guidelines and Procedures and subsequent amendments, the manner in which the bonds are sold, as long as complying with all applicable federal and state statutes, shall be the prerogative of the applicant. The Board reserves the right to review the credentials of any investor, financial institution, or investment bankers chosen, and to reject the same for good cause shown. 3. The Board of County Commissioners generally will require that prospective bond issue not considered of investment-grade quality be sold only by private placement or by limited public offering. Prospective issues of investment-grade quality may be sold by public offering or private placement. Investment-grade quality shall be determined as meeting one of the following tests: a. A rating of the issue equal to or better than Mood's Baa or Standard and Poor's BBB. b. A rating of recently issued debt instruments of the company of similar term and security as that of the prospective bond issue equivalent to or better than Moody's Baa or Standard and Poor's BBB. For purpose of this paragraph, the term "limited public offering" shall mean an offering made only to institutional investors of not more than 35 in number who Library: Jacksonville; Document #: 82B5v2 '-' ....,.1 agree to purchase for investment for their own accounts and who do not purchase with a view toward distribution, This limitation is applicable not only to the initial sale of the bonds, but to resales, if any, in secondary markets, and shall be incorporated in the bond sale documents. 4. The Board of County Commissioners will not recommend nor suggest to the applicant any investor, financial institution, or investment banker to be used in the sale of bonds. If requested by the applicant, however, the County staff may provide the applicant with a list of investors, financial institutions, and investment bankers who may from time to time advise the County of their interest in purchasing or placing the County's IDRBs. G. Disposition of Proceeds of Bond Sale. Following the sale of the bonds, the proceeds will be deposited with the Trustee for the bond holders or in a trust account, to be disbursed for the acquisition and/or construction of the project according to a schedule provided in one or more of the bond documents. The County will be concerned that the proceeds are used for items allowed by governing laws and portions of the project as authorized in the memorandum of agreement and bond sale documents. To this end the County requires that the Trustee for the bond holders be furnished with copies of all requisitions for the expenditure of bond proceeds. The Board of County Commissioners reserves the right, upon good cause shown, to waive any of these Guidelines and Procedures except the provision requiring a public hearing. ---------------------- REVISION LIST ---------------------- The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both the old and the new documents. [2:11 2:11] Changed "fee in accordance ... schedule:" to "nonrefundable fee of $1,500." [2:122:11] Del Paras "a. Refunding an ... issues -- $700.00," [3:12:12] Changed "Attorney shall" to "Attorney, ... advisor shall" [3:12:12] Changed "for all IDRBs ... Commissioners, and the" to "in c~>nnection .., applicant. The Library: Jacksonyj]e; Document #: 8285v2 " [3:1 2:12] Changed [3:1 2:12] Changed [3:2 3:1] Changed [3:2 3:1] Changed [3:3 3:2] Changed [3:4 3:3] Changed [3:4 3:3] Changed [3:43:3] Changed [3:4 3:3] Changed [6:16:4] Changed [6:16:4] Changed [6:16:4] Changed [6:16:4] Changed [6:2 6:5] Changed [6:2 6:5] Changed [6:2 6:5] Changed '-' '...,I "all expenses" to "all fees and expenses" "Attorney in ... representation." to "in connection ... Section II.C." "3. The applicant shall" to "3. The applicant may" "Board of County... services." to "County Attorney, ... paragraph 4 below," "4. An administrative ... single issue." to "4. In addition ,.. the bonds." "party to " to "participant in " "closing," to "closing in ... available funds," "arrangements for" to "arrangements ... County for" "fees." to "fees and expenses." "investment-grade quality bonds" to "bonds rated ... rating agency" "be secured" to ", and any... a minimum" "The Board will" to "In determining ... Board may" "financing." to "financing ... appropriate." "insurance." to "insurance ... of bonds." "for additional" to "for such additional" "will" to "may" . Library: Jacksonville; Document #: 8285v2 '. " ,,~. ~ AGENDA REQUEST ITEWNO. C.7.B DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Weekend Work Program - Second Amendment to March 4,1997 lnterlocal Agreement with the Sheriff BACKGROUND: See attached memorandum CA 01-2792 FUNDS AVAILABLE: As needed, the departments using these services transfer the appropriate funds to Other Contractual Services. RECOMMENDATION: Staffrecommends that the Board of County Commissioners approve the proposed Second Amendment to the March 4, 1997 interlocal agreement with the Sheriff, and authorize the chainnan to sign the amendment. IX] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: j/ Review and Approvals Management & 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 CA. NO: 01-2792 DATE: December 12,2001 SUBJECT: Weekend Work Program - Second Amendment to March 4, 1997 Interlocal Agreement with the Sheriff BACKGROUND: On March 4, 1997, the County entered into an interlocal agreement with the sheriff to implement a weekend work program for County public works projects utilizing the services of County inmates in the custody of the Sheriff. The agreement provided for the County to pay the off duty detail rate of eighteen and 00/100 dollars ($18.00) per hour paid to deputies assigned to supervise the inmates. On April 4, 2000, the agreement was amended to reflect an increase in the hourly rate paid to deputies and supervisors. The amendment provided for deputies to be paid twenty and 0011 00 dollars ($20.00) per hour and supervisors to be paid twenty-two and 0011 00 dollars ($22.00) per hour. The Sheriffhas notified the Public Works Director that effective January 1,2002, the rate for deputies will increase to twenty-five and 0011 00 dollars and the rate for supervisors will increase to twenty-seven and 001100 dollars ($27.00). A copy of a second amendment to the interlocal agreement which reflects these rate increases is attached to this memorandum. Sufficient funds are available in the 2001-2002 budget to cover the cost of this increase. CONCLUSION/RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the proposed Second Amendment to the March 4, 1997 interlocal agreement with the Sheriff, and authorize the chairman to sign the amendment. Respectfully submitted, ~~ Heather Young Assistant County Attorney -' Attachment HY/ Copies to: '-' ....., County Administrator Finance Director Public Works Director Environmental Resources Manager Management and Budget Manager Contracts Coordinator 2 '-" ..." SECOND AMENDMENT TO MARCH 4, 1997 INTERLOCAL AGREEMENT THIS SECOND AMENDMENT is dated this day of ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and the ST. LUCIE COUNTY SHERIFF, hereinafter referred to as "Sheriff". WHEREAS, on March 4, 1997, the parties entered into an Interlocal Agreement, hereinafter referred to as the "Agreement", which was recorded in Official Records Book 1068 at page 752, of the public records of St. Lucie County, Florida, wherein the parties agreed to implement a weekend work program for County public works projects utilizing the services of County inmates in the custody of the Sheriff; and, WHEREAS, effective March 1, 2000, the parties entered into a First Amendment to the Agreement which reflected an increase in the hourly rate paid to deputies and supervisor for off duty detail, which was recorded in Official Records Book 1293 t page 2457 of the public records ofSt. Lucie County, Florida; and, WHEREAS, the Sheriff has notified the County that the overtime rate paid to deputies and supervisors will increase effective January 1, 2002; and, WHEREAS, the parties desire to further amend the Agreement to reflect the increase in the overtime rate paid for off duty detail services. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 2 of the Agreement shall be amended to read as follows: 1. County Responsibilities. The County shall provide work assignment( s) to be utilized by the Sherifffor the weekend work program and 1 '-" ....., shall directly forward payment to the two (2) deputy sheriffs supervising the inmates in an mount equal to twenty-five and 00/100 dollars ($25.00) per hour per deputy with a three (3) hour minimum per day. In the event a supervisor is required to be on site, the rate shall be twenty-seven and 00/1 00 dollars ($27.00) per hour with a three (3) hour minimum per day. The County shall directly forward payment to the supervisor for such services. 2. This Amendment shall take effect January 1, 2002. 3. All other tenns and conditions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY SHERIFF BY: KEN J. MASCARA g: \agreemnt\interloc\2a-sher. trust.wpd 2 \- """ AGENDA REOUEST I~ No( 7-C DATE: December 18,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie County Agape Senior Center, Inc. - Third Amendment to December 16, 1975 Lease Agreement BACKGROUND: See attached memorandum CA 01-2798 FUNDS AVAILABLE: N/ A RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the proposed Third Amendment to the December 16, 1975 Lease Agreement with St. Lucie County Agape Senior Center, Inc., and authorize the chainnan to sign the amendment. COMMISSION ACTION: E: [xJ APPROVED [] DENIED [ ] OTHER: - gl Anderson ty Administrator Review and ADProvals County Attomey: Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applkable): _ · '-" ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 01-2798 DATE: December 12, 2001 SUBJECT: St. Lucie County Agape Senior Center, Inc. - Third Amendment to December 16,1975 Lease Agreement BACKGROUND: Attached to this memorandum is a copy of a proposed Third Amendment to the December 16, 1975 Lease Agreement between the County and St. Lucie County Agape Senior Center, Inc., f/k/a St. Lucie County Helping Hands Neighbors, Inc. The subject property is located at 1020 South 8th Street in Fort Pierce and provides adult day care services to senior area residents. The proposed amendment will clarify the pennitted uses of the facility and Agape's maintenance responsibilities as well as update the insurance requirements and change the anniversary date ofthe lease to October 1 sl in order to run concurrently with the County's fiscal year. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Third Amendment to the December 16, 1975 Lease Agreement with St. Lucie County Agape Senior Center, Inc., and authorize the chainnan to sign the amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachment BY! Copies to: County Administrator Finance Director Contracts Coordinator '-' ...,.¡ THIRD AMENDMENT TO DECEMBER 16, 1975 LEASE AGREEMENT THIS THIRD AMENDMENT is dated this _ day of ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Lessor", and ST. LUCIE COUNTY AGAPE SENIOR CENTER, INC., a Florida not- for-profit corporation, hereinafter referred to as the "Lessee". WHEREAS, the Lessor and St. Lucie County Helping Hands Neighbors, Inc. entered into a Lease Agreement on December 16, 1975, hereinafter referred as the "Lease Agreement", wherein the Lessor agreed to lease to the Lessee certain property and the improvements thereon to be used as a recreation center for residents of the area; and, WHEREAS, on March 15, 1994, the parties entered int a First Amendment to the Lease Agreement which provided for the Lessee to construct an addition to the existing improvements on the leased premises; and, WHEREAS, on March 5, 1996, the parties entered into a Second Amendment to the Lease Agreement to permit S1. Lucie County Helping Hands Neighbors, Inc. to assign the Lease Agreement to another non-profit corporation; and, WHEREAS, S1. Lucie County Helping Hands Neighbors, Inc. subsequently assigned the Lease Agreement to St. Lucie County Agape Senior Center, Inc., a non-profit corporation; and, WHEREAS, the Lessor desires to amend the agreement to require the Lessee to clarify the permitted uses ofthe Facility and the maintenance and repair responsibilities for the Facility, update the Lessee's insurance requirements, and provide for an October 1st anniversary date to run concurrently with the Lessor's fiscal year. -1- '-' "'-" NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Lease Agreement, as amended, as follows: 1. Paragraph 1 is hereby amended to read as follows: 1. Said premises shall be used as a recreation center for the aged residents of the County. Such services hall be provided on a non-discriminatory basis. The premises shall not be used for religious purposes. No overnight lodging shall be permitted on the premises. 1. Paragraph 2 is hereby amended to read as follows: 2. The Lessee agrees at its expense to keep and maintain the Facility, including grounds, furnishing, fixtures, and personal property in a good state of repair and condition. The Lessee agrees at its expense to make all routine repairs to the Facility, including electrical, plumbing, air conditioning, roof, sewer conditions, and all other repairs that may be required to be made, excluding structural repairs. Routine repairs shall generally be those repairs associated with normal wear and tear of the Facility that are associated with use thereof, and shall not be considered to be repairs occasioned by the break down of a component of the structure associated with the expiration of the component's normal life. The Lessee shall at its own expense keep the building interior, exterior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Upon the termination of this Lease Agreement, the Lessee shall convey the Facility to the Lessee in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. The Lessee shall keep the Facility at all times in a clean and orderly condition and appearance and all of the Lessee's fixtures, equipment and personal property which are located on any part of the Facility which are open or visible to the general public shall likewise be so kept and maintained. The Lessee shall be responsible for the maintenance and routine repair (as defined above) of all utilities service lines that the Lessee is using (except common utilities, if any), including, but not limited to, service lines for the supply of water (from the meter), gas (from the meter), electricity and telephone (from the connection at the outside of the building) service, sanitary sewers and storm sewers. The Lessee shall, at all times during the terms of this agreement take appropriate anti -erosion measures to prevent or restore erosion caused by the Lessee, its agents or employees. In the event the Lessee fails in any material respect to so maintain, clean, or provide routine repairs (as defined above), the Facility as required under this Lease Agreement within a period of thirty (30) days after notice from the Lessor to do so, or fails in any material respect diligently to pursue to completion such maintenance, cleaning or repairs, then the Lessor may at its option, and in addition to any other -2- '-" ..." remedies which may be available to it, provide the maintenance, cleaning or repair included in such notice, and the cost shall be payable by the Lessee immediately upon demand of the Lessor. 2. Paragraph 4 is hereby amended to read as follows: 4. (a) PropertvInsurance: DuringthetermofthisLease Agreement, Lessee shall procure and pay for and at all times maintain insurance coverage on the Premises for fire, windstorm and other occurrence, including vandalism, malicious mischief and other hazards, with replacement cost coverage limits of not less than the replacement cost of the Premises as a result of a single occurrence. Lessee shall obtain a waiver of subrogation against Lessor. Lessor shall be named as an additional insured under said policy. In the event of damage or destruction of the Premises, the monies received in respect of this insurance shall be expended in rebuilding or repairing the same, and in the case such money shall be insufficient for such purpose, the deficiency shall be made good by the Lessee. (b) Liabilitv Insurance: Lessee shall, during the term of this Lease Agreement and any renewals or extensions thereof, and at Lessee's cost and expense, carry public liability insurance in the limits commonly known as $100,000 and $300,000 personal injury and $10,000 property damage. (c) Certificate(s) of Insurance: Said policy(ies) of insurance shall identify the Lessor as an additional named insured and a certificate thereof shall be delivered to the Lessor certifying that such insurance is in effect and will not be canceled without thirty (30) days written notice to Lessor. 5. Paragraph 6 shall be amended to read as follows: 6. The commencement date of this Lease Agreement shall be December 16, 1975 and shall be renewed automatically each year on October 1 st of each year, unless otherwise terminated as herein provided. Either party may terminate this Lease Agreement with or without cause upon thirty (30) days prior written notice to the other party. In the event the Lessor terminates the Lease Agreement without cause prior to October 1, 2002, the Lessor shall reimburse the Lessee for the actual cost to the Lessee of any approved improvements to the Leased Premises completed prior to the termination date. In the event the Lessor terminates the Lease Agreement without cause between October 1,2002 and September 30,2003, the Lessor shall reimburse the Lessee for fifty percent (50%) of the actual cost to the Lessee of any approved improvements to the Leased Premises completed prior to October 1, 2002 and the actual cost to the Lessee of any approved improvements to -3- '" ....,.¡ the Leased Premises completed between October 1,2002 and the termination date. 6. Except as amended herein, the remaining terms and conditions of the December 16, 1975 Lease Agreement, as previously amended, shall remain in full force and. effect. IN WITNESS WHEREOF, the Lessor has hereunto subscribed and the Lessee has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ST. LUCIE COUNTY AGAPE SENIOR CENTER, INC. BY: J /'L..J~ L3 a-.-.4~ PRESIDENT Wl~~ SECRETARY (SEAL) g:1alty\agreemn/IJa ·agape. wpd -4- /'.' ~. ~GENDA REQUEST ITE~O. 01d DATE: December 18, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: County-Owned Beach Property BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board not sell the property and direct the County Administrator to notify Mr. Cowles of the Board's position. &] APPROVED [ ] DENIED [ ] OTHER: ouglas Anderson County Administrator COMMISSION ACTION: County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff, 5/96 '-' "wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2789 DATE: December 12, 2001 SUBJECT: County-Owned Beach Property ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached is a letter dated October 31, 2001 from Cliff Cowles indicating that he has a client who is interested in purchasing some County-owned property. The property is located on the east side of AlA on South Hutchinson Island in Fort Pierce. A copy of the tax map and property information summary is attached. The property is currently vacant. Also attached is a copy of a memorandum dated November 21, 2001 from Coastal Engineer Richard Bouchard. RECOMMENDATION/CONCLUSION: Staff recommends that the Board not sell the property and direct the County Administrator to notify Mr. Cowles of the Board's position. Respectfully submitted, Daniel S. McIntyre County Attorney DSM/caf Attachment '-' -..I . HOYT. C. MURPlfY:n.' <: '.;' T~altors 0411 North U.S, 1. . FL P\ercè, FL34950 (561) 461'3250 FAX (561)489-2316 -¡(South Be~ch 221 SoutH Ocean Drive FI.Piercei FL 34949-3255 (561) 46H324 FAX (561) 461-1576 o 7202 South U.S, 1 Port St. Lucie, FL 34952-1479 (561 )878·3200 FAX (561) 876-4031 October 31, 2001 Mr. Doh Cole Land Acquisitions Manager Saint Lw;ie County G~..--. f (0' rë r' \'~ f, ~ \ ., 1 I _1 I . \ , ". ì'-- .... . .- .- "..\', \ \ ,\ , ,-- I . ~ìDI _ \.~~~~' j ...-.. ..-' 'IS'T10'J E~-;': : \,.>J.J , I PROP ~I\ ~ - " , FAX 4.62-1440 Dear Mr. Cole: . Re: Od:anfumt lot 'D1ank you for your courtesies extended on 'oUT recent phone visit. Pet yoUr instructions, following is the infQn!nation you suggested I submit. I Inight'mention my clients do manifests: sdious interest in this property. I feel they wou14 entertain amaxket price that would J:je in line with some of tþe recent and past . coxnparables. . ~ you in advance fur,your profussional!courtesies. Sincerely, I· See our webþage 'f www.hoytcmurphy.com. Member: State-N8tiónaJlnt~m8tianE!lI Real Estate Federation . . . HOMES . RENTALS, RANCHES, FARM LAND· CONDOS· aUII.!.DING LOTS, CITRUS GROVES, HOTELS & MOTELS. APPRAISALS 'ì 'V0 ~' .ì .Xy' 0) '/ò a':? \,{ \/ l' m ~£~\.. TOA-!I 'CC:bw NOTE, THIS OFFERING SU&JeCT TO ERAORS. OI!ISsIo~S,.PRIOR SALES OR IIII'rnCAJo.WAL WJTI.<OU1' NOTICE '-' ""'" DIVISION OF ENGINEERING MEMORANDUM 01-332 TO: Don Cole, Property Acquisitions Manager Ray Wazny, Public Works Director ~ Don West, County Enginee~ . Richard Bouchard, Coastal Engineer ~ November 21,2001 r~1 rJL~~.R~J~ \0 ~ ~'11 : \ ,.~ I : ¡ II: NOV 2 6 2001 ~ Iw~, i ¡ L__.·..···· . ...-, ~ ' " ;.~ ~ , ~~: . ~ . .. ; :~:., T :"". . J ~ :.- .. -- _ .-- -- - --~ - .- VIA: VIA: FROM: DATE: SUBJECT: County Owned Beach Property I have reviewed the information which you have forwarded to me from an outside party interested in purchasing County Beach Property and offer the following comments. 1) The subject property is located immediately south ofthe Fort Pierce Inlet, in an area of critical beach erosion. We have completed a study in this area and are presently working with the U.S. Army Corps of Engineers (USACOE) to address the severe erosion which includes the installation of structures. In order to facilitate the installation and maintenance of these structures, public beachfront property such as this particular parcel may play an important role. 2) One of the more important criteria in determining how much state and federal funding is assigned to a project is the availability of public beachfront property. This parcel is part of a federally and state authorized project. Losing public ownership of this property will most likely lead to a reduction in state and federal funding, resulting in increased local funding. 3) Several years ago, I believe there was a referendum which was approved establishing a beach bond to purchase beachfront property. You may want to check to see if this property was purchased under that referendum. If so, there maybe certain restrictions prohibiting the resale of this property. Based upon my review, I feel this parcel of property provides several benefits to the County and would recommend not selling this parcel at this particular time. Should you have any further questions please feel free to contact me (Ext-1710). cc: Dan Mcintyre, County Attorney '-' "'" PROPERTY ACQUISITION DIVISION MEMORANDUM œ~ ~ ß W ~ 001 I fIW I 3 2001 --.---........- ENGINEERING i --... -. TO: Richard Bouchard, Civil Engineer/Erosion Donal~~~e: Property Acquisition Manager FROM: DATE: November 9, 2001 SUBJECT: County owned beach property ----------------------------------------------------------------- ----------------------------------------------------------------- I received the attached correspondence from Hoyt C. Murphy Realtors regarding an interest to buy County owned Beach property. Please review the attached and advise me regarding their request. I do not know who their client is however according to Property Appraisers information that I attached, Cheri Surloff owns two ocean front parcels on the north and south sides of the County parcel. Thank you. attachment cc: County Attorney G,\ACQ\WP\DON\BOUCHARD MEMO BEACH PROPERTY SALE.wpd ~ '-" 'wtI BOYTC. MURPøy:0 .' .' '. f~altors o 411 North u.s. 1 . Fl Pierce, FL34950 , . . (561}.4e1~3250 FAX ($61)489-2;316 -¡(SOUth Be~ch 221 Soutti Ocean Drive' Ft .pierce! FL 34949·3255 (561) 461;1324 . FAX (561) 461-1578 o .7202 South U.S. 1 Port St. LucJe. FL 34952-1479 (561)878-3200 FAX (561) 878-4D31 Oçtobet 31, 2001 Mr. D01l Cole Land . Acquisitions Manager . SlÛnt Lucie County ..,- r- n nO 17 -n1 r ~ì \, r'" , _ i "', : \ 1, 1 -- I \ ,. I r ~- \ ~ \ ' \ I , \ _ I '2001 ') _.~ ~ k----- ,..,,' '\ . E-;:-¡-\: '....:-'vIS,TJO,J H\OY ¡. r .". ';FAX 462-1440 Dear M:i:. Cole: ! . R.e: Oc~nfront lot Tbank you for yOut courtesies extended on our recent phone visit. Petyorir instructions, following is the infunination you suggested I submit. I Inigbt:inention my clients do manifest a s~tious interest.in this prQperty. I feel they wou14 enterta,in aro.arket price that would i:]e in line with some of tþ.e recent and past . coropambles. . 'fbanl.; you in advance for.your profussioMlfcourtesies. Sincerely, r-¡ \)V...' ~~ol€.~Oì. ,~~ ' O)1.jJ ~~!' \rr\~ V-"; ~, See our "webþag8. 0/ www.hoytG~urþhy.com. [8 Member: State-Nationallntttrnational Real Estate Federation ~£;'L TOR" . HOMES . RENTALS· RANCHES, FARM LAND· CONDOS.· eUllLDING LOTS, CITRUS GROVES, HOTeLS & MOTELS, APPRAISALS CC:bw NO";' THIS OFFERING SU8.J\!C'1" TO .RRO~&. OMI&&IONS,I'RIi)R 9At.æ OR WITHDRAWAl.. WITHOUT NOTICE ~ '-' -...J : ~ :. 4.:ãd.ß~E.; ~ ~?¡:5 -------------------------~-----------~~~--------~--------~-~------------------~ ** St Luèi~ Coµnty, FL ** ?rop Adqr:: 322 S OCEAN Parcel ~D: 240150100250006 Owner: ST LUCIE COUNTY ~-~----~------------------~----------~-~-------~---------------------~---~--~-- ?rc:ip Addi :Hy!stë\:te : !:ip' 322 SOCEAN FORT PIERCE 34949-3214 ST LUCIE CQUNTY . «< P~OPERTY iNFORMATION »> Absent OWner: Corp Owner FL ~wl!et ¡. :;o.,.Owner· '. ~a.reof ' . ~ai.l: Addr :;i ty 1St/Zip: 2300 VIRGINIA AVE FT PIERCE , ; FL 34982-5632 rw~/Rng)Sec : 3S /40 101 Municipality: FORT PIERCE ~erisus 1ract: 1302.00 Latìtu~e :27.467340 :~h~u~ aiock: ~ -Longit~de 80.291235 . : . . . ~~-~--~~-------~----------------~-----~--------~---------------------~--~---~-- «< SITE: DATA »> L~ndUse. : 86 COUNTY~NONEDU/Hd,SP propértý:Type: EXEMPT Building/Block: 3 ,Lot/Unit 11 , . Subdivì~ìon/Còndo: FT PIERCE BEACH. Legal D~$cription: FT PIERCE BEAÇH S/D.SLK 3 LOT 11 (OR 168-701) ~-~----~--~------------~-~------~-----------------------------~---------------~. .«< 2000 TAXES ;AND 2000AS~ESSMENTS »> ,. ¡;.':5sdVatues Amount Exemptions ..:..._-_......~--.--- ------ ---------- Land·,. Bu.i-lding TQtal $40,.900 $ $40,900 .Taxes : Tax V~l $3.60 $40,900 Tax Area/Map: 24/01A · . . ~-~~-~---~~---~--~-----------.~--~----~;--------~-----~~~~---------------------- «< TRANSF~R HISTORY»> -~-----~~--~-~~-----------------------~-----------~~~~~-~~~~-------------~~-~-- S'eller . . Ve$ting Sale Date Sale Pride Book Page D~CType !TransactType $/SF Mult Part FµID Owner Type Tax . . .' ¡ '.' ,', . ~-~-----~---~----------------------------------~-~--------------------------~-- «< MO~TGAGE HISTORY»> Lender Recorq Date LOçn Amount aook Page Mortg~ge Type Purch/Refi LTV ARM . FHA/VA Const Seller Fin _______~_______________~~--____~______J_~____~________---------~--------------- .. .. . .' · . · . . . . ~~-----:---------------------------~~-~---------.-~----------------------------- .' ~a.J by: R~ ~iddDn onOctclber 30, 2001 '-' Æ. ~#' tL-£ '-'~ .3 Is see Ita:, 14101;; -.. ,. If" T ! : = ê .....OI"J .~. ¡L~ i ir'1::>.1 'Jíl· : I ~t: , , --~-- .. \. . , ~..... ~...'r--.,.... \ \ \ \ \'\\' .........".....;...-- i· ~ ~ ~ \ \ L.....- -.. 'e ~~.~,,~, ,t " ~ ~ ¡ \ t........ ! . : \ J ,__-~.- If '. ",,:..1 1 I 1....."J ¡ ~j . " . \ ' J...-)....... I :i ~ c,.,lþ· \ ~...J.....J.... . fi ~I . cni~ O.¡~ fNI .~ ... ! it f I :- . ~ 11 ~ : ,. r .&J I ~ ~ !. 1 ~~ ¡ :\ ~ ! ~ ¡ ~ . .' ~ ~ s~. Lucie County Property Reco'--' Card '-' Page 1 of2 '-' St. Lucie County Property Appraiser Geographic ¡,,¡ormation Services Real Property Record for Parcel Number: 240150100250006 Record Number: 1 of 1 Location: 322 S OCEAN DR FP ### Section: 01 Township: 35S Range: 40E Show Location Mag Owner, Legal Description, Deed & Total Assessment Name: ST LUCIE COUNTY Address: 2300 Virginia Ave Fort Pierce,FL 34982-5632 Legal: FT PIERCE BEACH SID BLK 3 L (OR 168-701) IBook: IInsp. Date: ¡Land: 50000 IIPage: IIBy: IIImprove.: 0 IISale Date: 1900-01-01 00:00:00 IIDate Valued: II Class: 0 Neighborhood & Use IINeighborhood: IIMap-ID: General Building Data IISale Amt: 0 II Permits: IITotal: 50000 IISaleIFT: O.OO/SqFt. ¡IExempt.: 50000 IITaxable: 0 ISubdiv Name: IIDOR Use: 8600 lImp. Type: I¡Class: II~t . Year Built: Baths: IIBedrms: IEJEJEJ Efl': ones: Living Area: Sq Ft. IIWall: I Building Perimeter Sketch and Photograph 1° ~w. -. - ~ 0 I I I I I I Improvements Improvements / Extra Features IINO. IICode/Cat IISize ¡IIINO. IICode/Cat IISize IIYR 1 I Land Valuation ¡No IITYP IIFront or Unit IIDepth IIMktVal IIAgrV:¡1 I DI8600-COUNTTES-FRFT 1155.0 11107.5 1150040.0 I THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED ~-...-,~~._--- http://199.227.78.10/webmap/scripts/prc.pl? I 0 157685,240 150 1 00250006 I 1/6/200 I 81. Lucie County Property RecC'·--1 Card . '"' "-" Page 2 0[2 You may email John_F. Bausola for further inCormation regarding Geographic Information Services at the St. Lucie CountyProperty Appraiser's Office. St. Lucie County Property Appraiser http://199.227.78.10/webmap/scripts/prc.pl?1 0157685,2401501 00250006 11/6/2001 S.t. Lucie County Property Reco' , Card "" .....I Page 1 0£2 St. Lucie COUlIty Property Appraiser Geographic IlIformatioll Services Real Property Record for Parcel Number: 240150100260003 Record Number: 1 or 1 Location: 324 S OCEAN DR FP ### Section: 01 Township: 35S Range: 40E Show Location Mall , I , en ~ Name: SURLOFF, CHERI G Legal: FT PIERCE BEACH SID BLK 3 ~~) Address: 501 Palm Dr -LESS THAT PART Lye E OF LI INPL Hallandale, FL 33009-6533 BK 14-48- (OR 245-2059:1165-299 5) Book: 1165 IIPage:2995 lis a Ie Date: 1998-08-]200:00:00 ISale Amt: 100 IISalelFf: O.OO/SqFt. I IInsp. Date: IIBy: ¡IDate Valued: IIPermits: IIExempt.: 0 I ILand: 48200 IIImprove.: 0 IIClass: 0 IITotal: 48200 IITaxable: 48200 I Owner Legal Descripfon Deed & Total Assessm t !Subdiv Name: Neighborhood & Use IINeighborhood: IIMap-ID: General Building Data IIDOR Use: 0 lImp. Type: 18 No. . "Year Built: I¡Baths: IIBedrms: IEJEJEJ Stones: Erf: ¡Living Area: SqFt. IIWall: 1 Building Perimeter Sketch and Photograph I~ - - l 10 I I I I I i i , Improvements Improvements / Extra Features I¡NO. IIc,Jde/cat IISize ¡IINO, IICode/Cat ISize IIYR I Land Valuation ¡No 11ill! IIFront or Unit Ill!wth MktVal IIAgrYll! I DIOOOO-Vac Res-FRFT 1155.0 11101.0 1148220.0 I THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://199.227.78.10/webmap/scripts/prc.pl?1 0157693 111712001 S,t. Lucie County Property Recor ' Card '-' ....,,; Page 2 of2 You may email John F. Baus~ror further information regarding Gcoguphic Information Services at the St. Lucie CountyProperty Appraiser's Office. Sf. Lucie County Property Appraiser http://199.227.78.10/webmap/scripts/prc.pl? 10157693 11/7/2001 St. Lucie County Property Recr-d Card '-' '-" Page 1 of2 St. Lucie County Property Appraiser Geographic Information Services Real Property Record for Parcel Number: 240150100240009 Record Number: 1 of I Location: 320 S OCEAN DR FP ### Section: 01 Township: 35S Range: 40E Show Location Mall ~ Name: SURLOFF, CHERI G Legal:FT I>IERCE BEACH SID BLK 3 L0\2.V Address: 501 Palm Dr -LESS THAT PART LYG E OF LI INPL Hallandale, FL 33009-6533 BK 14-48- (OR 245-2059:1165-299 5) IBook: 1165 Page: 2995 IISale Date: 1998-08-1200:00:00 IISale Amt: 100 IISale/FT: O.OO/SqFt. I Insp. Date: IIBy: I¡Date Valued: IIPermits: IIExempt.: 0 I Land: 51900 /lImprove.: 0 IIClass: 0 - IITotal: 51900 I¡Taxable: 51900 I Owner, Legal Description, Deed & Total Assessment ISubdiv Name: Neighborhood & Use /lNeighborhood: IIMap-ill: General Building Data IIDOR Use: 0 lImp. Type: 18 No. I/rear Built: ¡Baths: IIBedrms: IEJ~EJ Stories: Eff: ¡Living Area: SqFt. /lWall: I Building Perimeter Sketch and Photograph - [0 -l 0 I I I Improvements Improvements I Extra Features niNo. IICode/Cat I¡Size I INo. IICode/Cat IISize IIYR ¡ Land Valuation ¡No IIIyp Front or Unit IllliHth IIMktVal IIAgrVal I Dloooo-vac Res-FRFT 1155,0 11115.0 1151890.0 I THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://199.227.78.10/webmap/scripts/prc.pl? I 0157677 11/7/2001 St. Lucie County Property Recor,.l Card '-' Page 2 of2 ...".¡ You may em ail John F. Bausola for furlher iaformalion regarding Geographic laformalion Services allhe St. Lucie CountyProperty Appraiser's Office. St. Lucie County Property Appraiser http://199.227.78.10/webmap/scripts/prc.pl?1 0 157677 11/7/2001 St. Lucie County Property Recr--1 Card \....- -.J Page 1 of2 St. Lucie County Property Appraiser Geographic Information Services Real Property Record for Parcel Number: 240150100240009 Record Number: 1 of I Location: 320 S OCEAN DR FP ### Section: 01 Township: 35S Range: 40E Show Location Mall Name: SURLOFF, CHERI G Legal: FT PIERCE REACH SID BLK 3 LOT 10 Address: 501 Palm Dr -LESS THAT PART L YG E OF LI INPL HalIandale, FL 33009-6533 BK 14-48- (OR 245-2059:1165-299 5) ¡Book: 1165 IIpage:2995 IISale Date: 1998-08-1200:00:00 IISale Amt: 100 IISale/FT: O.OO/SqFt. Insp. Date: ¡By: Date Valued: Ilpermits: IIExempt.: 0 I ¡Land: 51900 ¡IImprove.: 0 IIClass: 0 Total: 51900 IITaxable: 51900 I Owner, Legal Description, Deed & Total Assessment ISubdiv Name: Neighborhood & Use I¡Neighborhood: IIMap-ID: General Building Data IIDOR Use: 0 lImp. Type: ¡IClass: II~t . "¡ear Built: /Baths: IIBedrms: IEJEJEJ Eff: ones: ¡Living Area: SqFt. Wall: I Building Perimeter Sketch and Photograph 10 10 , I , I ¡ , , I I I I I I J I I I ~ ¡ I I Improvements Improvements / Extra Features ¡¡NO. I!CodelCat IISize IIIINO. IICode/Cat ISize IIYR I I Land Valuation INo III)]! IIFront or Unit Illlimth IIMktVal IIAgrVal I DIOOOO-Vac Res-FRFT 1155.0 11115.0 1151890.0 I THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://199.227.78.10/webmap/scripts/prc.pl?1 0157677 11/7/2001 < , ~t. Lucie County Property Reco\..--::ard ..., Page 2 of2 You may email John F. Bausola for (urtber information regarding Geographic InformatIon Services at the St. Lucie CountyProperty Appraiserls Office. SL Lucie County Property Appraiser http://199.227.78.10/webmap/scripts/prc.pl?1 0157677 11/7/2001 v '-' AGENDA REQUEST ITE~NO. C- ?e/ DATE: December 18, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: BellSouth Business Services Master Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Master Agreement and authorize the Chairman to sign the Agreement subject to final review and approval by the County Attorney. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Do las Anderson County Administrator County Attorney: & Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2790 DATE: December 13, 2001 SUBJECT: BellSouth Business Services Master Agreement =================================================================================== BACKGROUND: Attached is a copy of a memorandum dated December 11, 2001 from Information Technology Director Dennis Wetzel. Also attached is a draft Master Agreement with Bel/South. Under the terms of the Agreement, Bel/South wil/ provide internet services for a total monthly recurring change of $3,875.00. The proposed contract term is 36 months. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Mater Agreement and authorize the Chairman to sign the Agreement subject to final review and approval by the County Attorney. DSM/caf Attachment ~ .....I BOARD OF COUNTY COMMISSIONERS INFORMATION TECHNOLOGY MEMORANDUM To: From: Daniel Mcintyre, County ~.Attor Dennis Wetzel, Directoré~ /--W December 11, 2001 L-?' 6" Date: RE: Bell South Business Services Master Agreement Please review the attached agreement with Bell South that the county requires to upgrade the access line speed to the Internet from T1 to a DS3 connection. This was a budgeted upgrade for FY02. However we held off on any new orders pending the delivery of the consultants report from Presidio Corp. which was delivered last month. The county had anticipated a need to increase the line speed after October due to the current usage being over 80% at this time, Typically when the line hits 90% utilization it will be saturated and all the traffic will slow down. This will then create bottlenecks on the line causing customer complaints, Bell South has cut off this reduced pricing as of December 31sl, 2001, The county would need to submit the attached signed agreement and/or a Purchase Order to honor the reduced pricing reflected in this agreement. The county will be able to reduce the overall costs associated with the budgeted communication line cost if we can take advantage of the reduced pricing offered at this time. Please let me know if there are any issues with having this completed in December. Your attention to this matter is appreciated. cc: Douglas Anderson, County Administrator Phill Brodeur, Assistant Director JOHN D. ßRUHN, District No.1' DOUG COWARD, Disrricr NO.2' PAULA A. LEWIS, District No.:\ . FRANNIE HUTCHINSON, Disrricr NO.4' CLIFF ßARNES, District NO.5 County Administrator· Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 · Phone (561) 462-1748 . Fox (561) 462-1443 @ SELLSOUTH 'w ""'" BellSouth ® Business Services Master Agreement This BellSouth® Business Services Master Agreement (this "Contract") is made and entered into as of December ,2001, by and between the undersigned BellSouth Company ("Bell South"), located at 2180 Lake Boulevard, ¡th Floor, Atlanta, Georgia 30319, Attention: John Stuhrenberg (the "BellSouth Contact"); and the undersigned company (hereinafter, "Customer") located at 2300 Virginia Avenue, Ft. Pierce, FL 34950, Attention: Dennis Wetzel (the "Customer Contact"). TERMS AND CONDITIONS The terms and conditions applicable to this Contract shall be those stated within this Contract or its Attachment(s). SERVICES AND PRICE "Services" as used herein shall be those Internet or managed business services ordered by Customer from BellSouth under service orders ("Orders") submitted by Customer and accepted by BellSouth pursuant to this Contract. If this Contract provides for specific pricing, including any applicable discount schedules, for any such Services, such pricing or discounts shall be set forth in the Attachment(s) to this Contract. In any event, the specific pricing applicable to any particular Services shall be as set forth in the applicable Order(s) for such Services, which are intended to be consistent with any pricing or discount schedules attached hereto unless agreed between the parties with respect to a particular Order. TERMS OF PAYMENT The terms of payment for the Services are as set forth in the Terms and Conditions or in the applicable Order(s). NOTICES All notices under this Contract will be in writing and will be deemed to have been duly given if delivered personally or by courier service, faxed or mailed by registered or certified mail, return receipt requested, postage prepaid, to the parties at the addresses set forth herein. All notices under this Contract that are addressed as provided herein (a) if delivered personally or by courier service, will be deemed given upon delivery, (b) if delivered by facsimile, will be deemed given when confirmed and (c) if delivered by certified mail in the manner described above, will be deemed given on the fifth (5th) business day after the day it is deposited in a regular depository of the United States mail. Either party may change its address or respective contact for notification purposes by giving notice to the other of the new address or designee and the date upon which such change will become effective. INCORPORATION BY REFERENCE The Terms and Conditions and all Attachments hereto and thereto, are integral parts of this Contract and are fully incorporated herein by this reference. ENTIRE AGREEMENT This Contract, and any Orders placed hereunder, shall constitute the entire agreement between BellSouth and the Customer relating to this Contract and the Services performed hereunder and may not be modified or amended other than by a written instrument executed by both parties. IN WITNESS WHEREOF, BellSouth and Customer have caused this Contract to be executed and delivered by their duly authorized representatives, effective upon execution by Customer and acceptance by BellSouth. Customer: St. Lucie County Accepted by BellSouth Business Systems on behalf of BellSouth Telecommunications, Inc. or BellSouth MNS, Inc. By: Name: By: Name: (Print or Type) (Print or Type) Title: Date: Title: Date: Rev. 6/2001 Customer Initials:_ Date: 1 of 10 @ BELLSOUTH ~ ...., Bel/South ® Business Services Terms and Conditions These terms and conditions ("Terms") govern the provision by BellSouth Telecommunications Inc. or BellSouth MNS, Inc. ("BeIlSouth") and the use by the customer ("Customer") of the BellSouth® Business Services family of Internet-related and managed services, including but not limited to, all dedicated Internet access services, web hosting, managed equipment services, managed network services, managed security services, and eBusiness Center services, including any BellSouth-provided equipment and/or software (sometimes referred to separately herein as the "Equipment" and the "Software", respectively) located on Customer's premises or at Customer's location(s) for use in connection with such services and including any network consulting, design, monitoring, management, maintenance or other services that may be provided in connection with Customer-supplied networks or equipment as part of the BellSouth Business t Services. BellSouth Business Services, including any Equipment and Software used in conjunction therewith, are referred to collectively herein as the "Services". References in these Terms to "Customer" include individuals authorized by Customer to use the Services, except where the context clearly requires otherwise. By ordering and using the Services or any portion thereof, Customer agrees as follows: 1. The Services. The Services consist of various forms of dial-up and/or dedicated Internet protocol routing, terminal server services, Internet access, gateway, network consulting, design, monitoring, management, maintenance, Web site design, development and/or hosting, managed equipment services, managed network services, managed security services, and eBusiness Center services and other internet or Intranet-related services designated by BellSouth from time to time as included in its BellSouth Business Services offerings, The Services may also involve the use of Equipment and/or Software located at one or more Customer sites, and/or the location of certain Customer equipment in space provided by BellSouth. These services and their features or operation, as well as the specific types and quantities of the Services purchased or obtainable by Customer, will be described in further detail in the ordering document(s) used by Customer to place orders for the Services, including without limitation any service orders ("Orders") to be submitted by Customer and accepted by BellSouth and the related Service Descriptions issued by BellSouth which are attached to or referenced in such Orders. Additional features and services may be made available as announced by and under terms and conditions established by BellSouth, including without limitation any changes to these Terms made by BellSouth from time to time hereafter and provided to Customer in writing. The Services and all features or aspects thereof, whether described herein or in any such additional materials, shall continue to be governed by and provided subject to these Terms unless or except to the extent that a separate agreement has been signed by Customer and BellSouth specifically relating to such additional features or services which expressly makes exception to these Terms. 2. Term, Customer's agreernent for the use of the Services will be in effect from the date provided for in Customer's Order IS accepted by BellSouth as provided below, and, unless terminated earlier as set forth herein, shall continue thereafter for the minimum term (if any) set forth in such Order. 3. Rates and Charges. The rates and charges payable by Customer for the Services shall be as set forth in the Customer's Order(s) which have been accepted by BellSouth as provided herein, and shall be computed in accordance with BellSouth's rate schedules. Rates and charges are subject to change by BellSouth on thirty (30) days notice, except that if Customer has elected a minimum term for the Services in its Order then the rates for the Services in effect at the time of the Order shall remain in effect for the duration of such minimum term (unless otherwise provided in such Order). If no minimum term is specified in such Order, or if the Services continue beyond such minimum term without execution by both parties of an extension to such Order, the Services will be provided on a month-to-month basis at the then prevailing month-to-month rates for the Services until either party gives the other at least thirty (30) days written notice of termination of the Services. Customer will be invoiced monthly for usage of the Services, Payment must be received by BellSouth by the date stated on the invoice. Customer will payor reimburse BellSouth for any and all sales and use taxes, duties, or levies imposed by any authority, government, or government agency (other than taxes levied on BellSouth's net income) in connection with Customer's usage of the Services. If any payment due hereunder is not made by the date stated on the invoice, any late paymenVinterest charges will be computed in accordance with standard telephone company billing practices and procedures using those rates applicable to tariffed local service if the charges for the Services are billed on Customer's local telephone bill. If such billing option is available and Customer has chosen to have the Services billed to Customer's credit card, the terms of the applicable credit card agreement will apply and any late paymenVinterest charges will be computed in accordance with Customer's credit card agreement. Otherwise, late charges of one and one-half percent (1 1/2%) per month, or the highest amount permitted by applicable law, whichever is less, shall be due and payable with respect to such payment. 4. Equipment. If provision of the Services requires the placement by BellSouth of Equipment at Customer's location, Customer shall provide (or make arrangements with the landlord or other appropriate party to provide) adequate space and a reasonable installation and operating environment for such Equipment, including electrical power, at no charge to BellSouth. Customer shall provide access to such Equipment by BellSouth and its representatives for the purpose of repairing, replacing, maintaining or otherwise using or servicing the Equipment and for removing the Equipment upon termination of the Services, All such Equipment shall remain the property of BellSouth or its suppliers, and no right, title or interest in the Equipment shall pass to Customer. Customer agrees that the Equipment is and shall remain personal property even though it may become attached to realty. Customer shall not and shall not attempt to sell, assign, sublet or otherwise encumber or claim or allow a lien upon or against the Equipment by any action of Customer or any party claiming by, through or under Customer. Also, Customer shall not move the Equipment from its place of installation or make or permit any other party to make any repairs or alterations to any Equipment without BellSouth's prior written consent. Customer shall be responsible for the cost of repairing or replacing any Equipment lost, stolen or damaged while at Customer's premises, and for returning (i.e., permitting BellSouth to recover possession of) all Equipment in the same condition as when installed at Customer's premises (reasonable wear and tear excepted) upon any termination of the Services for any reason. 5. Customer-Supplied Networks and/or Equipment. (a) The Services may include certain consulting, network design, monitoring, management, maintenance or other similar functions or services relating to communications local network transport facilities, routing and terminating equipment or other elements of Customer's network that may be obtained separately from the Services by Customer from other BellSouth companies or product offerings or from third parties (collectively, "Customer's Network"). Customer shall be responsible for obtaining all necessary equipment or other portions of Customer's Network that are not included as part of the Services, and for all costs and charges relating thereto, and for selecting, arranging and paying for all interLATA communications services deemed necessary or desirable by Customer for the operation of or connection with Customer's Network. (b) So long as Customer is not in default hereunder, Customer may request and BellSouth may agree to add additional items of equipment or other expansions of Customer's Network to any existing Orders for these Services. Customer may from time to time request additional Services from BellSouth in connection with the activities described in an applicable Order. All changes to the scope of the Services to be performed by BellSouth hereunder must be requested in writing and require mutual agreement. Evaluation and/or implementation of requested changes may result in an 6/2001 Customer Initials Date: 2 of 2 @) BELLSOUTH '-' ....I BellSouth ® Business Services Terms and Conditions adjustment to the costs or schedule for delivery of the Services or other terms of the Order. Changes to the scope of the Services will be incorporated into an Order through written amendment. (c) BellSouth will, if set forth in the applicable Order, assist Customer in the coordination of the implementation and installation of equipment or services for use with Customer's Network. BellSouth will make reasonable efforts to ensure that all relevant vendors or service providers meet the scheduled dates for installation, but BellSouth shall not be liable for any delays. . (d) If Customer requests and BellSouth agrees to perform equipment maintenance services in an applicable Order (for equipment not provided by BellSouth as part of the Services), BellSouth shall have the right to inspect and make such repairs to such equipment as may be necessary to place It In good working order and acceptable condition for inclusion in BellSouth's equipment maintenance service, and may charge Customer for any such work required at BellSouth's standard rates then in effect. Customer agrees to provide a suitable installation environment, access and power and telecommunications connections for the equipment. If problems with any equipment covered by maintenance Services hereunder occur during the term of the applicable Order and Customer reports them to BellSouth in accordance with BellSouth's standard procedures, BellSouth will provide commercially reasonable maintenance and repair service to restore the equipment to good working order (or, at BellSouth's option, replace the equipment) within a reasonable time, Replacement parts or equipment may be new or used/refurbished but reasonably consistent with the age and condition of the equipment being serviced. Any equipment or parts thereof replaced by BellSouth in the performance of its maintenance service hereunder shall become the property of BellSouth. BellSouth may also perform such preventive maintenance as BellSouth deems reasonably necessary. If the repair or maintenance was the result of normal wear and tear or a defect in materials or workmanship only, there will be no additional charge to Customer for this maintenance and repair service (over and above the charges for maintenance service set forth in the applicable Order). Customer will be charged, at BellSouth's then prevailing rates, for the repair or replacement of any equipment, including parts and labor and any increase in service time required, resulting from any other cause, including but not limited to misuse or negligent operation of the equipment, accident, unauthorized repairs or modifications, failure to maintain a proper operating environment, relocation or alteration of the equipment by anyone other than BellSouth or BellSouth's designated agents, etc. Unless BellSouth is providing space for Customer's equipment as part of the Services, Customer must provide a suitable operating environment for the equipment and provide BellSouth or BellSouth's contractors with appropriate access to perform such maintenance services. All reports of problems and requests for equipment maintenance must be reported to BellSouth at such telephone number or e- mail address as BellSouth may notify Customer in writing. Customer agrees not to move any equipment covered by maintenance services hereunder from its place of installation without BellSouth's prior written consent. (e) BellSouth shall provide its Services in accordance with the same first class standards applied by BellSouth to its similar projects for its affiliated companies and other clients, in a good faith effort to support Customer in developing, implementing and/or managing Customer's Network or its other intended system(s), network designs or other projects or services as described in applicable Orders ('Customer's Project"). However, as the successful implementation or operation of Customer's Network or Project ultimately depends upon many factors beyond the control of BellSouth (including the efforts and performance of Customer and other vendors selected by Customer), BellSouth does not warrant the completion or success of such Project nor, except as provided in the preceding sentence, make any other warranty as to the Services. BellSouth shall have no liability or obligation to Customer for any defect or failure of such Network or Project, beyond the Services downtime credits (if any) set forth in these Terms or in the applicable service descriptions or Orders. 6. Software and Gateway Services. (a) The Services may include dedicated or dial-up Internet Protocol connectivity to BellSouth's local Internet networks and (through applicable GSP service as described elsewhere herein) to the global Internet, as well as access or connectivity to any of the information sources or services which may be provided by BellSouth or be available from other service providers participating in, connected to or accessible through BellSouth's Services or the global Internet. Some of these additional services may be provided without charge to users of BellSouth's Services, but separate charges may be applicable to some of these other services. These charges may appear on your bill from BellSouth, or they may be billed to you separately by the providers of such services. Some other providers may also have additional registration or eligibility requirements in order to use their services. (b) Use by Customer and any individual authorized users of Customer of BellSouth's Internet Services and any associated browser or other Software provided by BellSouth in connection therewith shall be subject to BellSouth's standard terms and conditions for such Internet service as well as the applicable software license terms which are provided with such Software. 7. Things Not Included in the Services. The Services may include transport components which are incorporated by BellSouth and sold to Customer as part of the Services, as will be reflected on Customer's Order(s) for the Services. However, Customer may instead or in addition purchase similar components as tariffed transport services from BellSouth's (or its affiliates') regulated telephone operations, in which event any regulated transport network services purchased by Customer to connect to the Services shall be provided pursuant to applicable tariffs and are not part of the Services nor subject to these Terms. In addition, because of current legal restrictions, BellSouth's Services includes direct connectivity only to addresses, information sources or service providers within specified calling areas known as LATAs. In order to connect to Internet-based services or other parties, networks or sites located outside of the local LATA (including the world-wide Internet) through BellSouth's Services, Customer will need to obtain interLATA service (including gioballnternet service where desired) from a Global Service Provider ("GSP") or other party of Customer's choice who is connected to BellSouth's Services. Information about which GSPs are connected to the Services from time to time may be obtained on-line on the Services or by contacting BellSouth. Customer is responsible for selecting such a provider and for paying all applicable charges for such InterLATA service, as well as all charges for any purchases made through the Services and any charges incurred while using any supplemental networks or services other than the Services. BellSouth will facilitate the process of registering Customer's account with the GSP or other available provider of Customer's choice, and BellSouth may include that provider's charges on Customer's bill from BellSouth. Any computer system, database access, Internet connection or other services which may be provided or made available to Customer by its GSP or any other party are the sole responsibility of and at the sole discretion of such party, and are not included in or a part of BellSouth's Services. BellSouth makes no selection, endorsement or recommendation with respect to any GSP or other interLATA long distance service provider, global Internet access provider or other aspect of any service provided by the GSP or other party, and BellSouth shall have no responsibility, obligation or liability of any nature with respect thereto. The reliability, availability and performance of resources accessed through the Internet or other services connected to BellSouth's Services are beyond BellSouth's control and are not in any way warranted or supported by BellSouth. Customer acknowledges that safeguards relative to copyright, ownership, decency, reliability and integrity of content may be entirely lacking with respect to the Internet or other services or content accessible through BellSouth's Services. Customer may also elect to obtain network design, Web site development or promotion, or other services from participants in 6/2001 Customer Initials_ Date: 3 of 3 @) BELLSOUTH '-' .."" BellSouth ® Business Services Terms and Conditions BellSouth's various Marketing Programs or from other third parties. Customer acknowledges that all such additional or reiated services are being provided by third parties and not by BellSouth, and are not part of BellSouth's Services hereunder. While Customer may take advantage of any applicable remedy mechanisms that may be available under BellSouth's Marketing Programs to assist Customer in dealing with participating vendors for such services, Customer assumes all risk and liability of its use of the Internet or other services or content accessible through BellSouth's Services or used by Customer in connection therewith, including Customer's continuous compliance with these Terms. 8. Customer's Responsibilities, (a) As between Customer and BellSouth, Customer is responsible for: (i) assuring that its authorized users comply with the provisions of these Terms and that unauthorized persons do not gain access to or use the Services through user names, passwords, or other identifiers assigned to Customer pursuant to these Terms; (ii) providing any equipment and software which may be necessary for the use of the Services by Customer (in addition to any Equipment and Software which may be placed at Customer's location(s) or otherwise provided or used by BellSouth for its provision of the Services); (iii) timely payment of all charges for usage of the Services applicable to its account whether or not by authorized users or for authorized purposes; (iv) providing space and related activities with respect to any Equipment located at Customer sites as described below; and (v) performing its other obligations under these Terms. Customer shall not use the Services in any way which would be or would assist any third party to be in violation of any law, these Terms or any Acceptable Use Policy applicable to the Services. Customer shall not transmit or publish on or over the Services any information, software or other content which violates or infringes upon the rights of any others or use the facilities and capabilities of the Services to conduct any business or activity or solicit the performance of any activity which is prohibited by law. Customer shall comply with all applicabie laws, rules and regulations in connection with the Services. (b) Customer shall provide, at no cost to BellSouth, such access. space, facilities, and other services at Customer's location as are reasonably requested by BellSouth for purposes of facilitating BellSouth's provision of Services to Customer. (c) If Customer is obtaining Web Site or Application Hosting or related Services hereunder, Customer shall provide all relevant Customer- specific or other graphics, text and other information or other content desired by Customer to be incorporated into Customer's Web Site or hosted application in a timely manner, and such other related information or documentation as is reasonably requested by BellSouth for purposes of facilitating BellSouth's provision of Services to Customer. (d) Delay or failure by Customer to fulfill its responsibilities may result in an adjustment to the costs or the schedule for delivery of the Services, and shall release BellSouth from its obligations hereunder to the extent that BellSouth is adversely affected by such Customer delay or failure. 9. BellSouth's Responsibilities. BellSouth agrees to the following responsibilities (subject to the limitations set forth in these Terms): (a) BeliSouth will operate the Services in accordance with its standard policies and procedures and will use commercially reasonable efforts to make the Services available to Customer as described in these Terms. BellSouth will give Customer reasonable notice of scheduied downtimes for maintenance. (b) BellSouth will notify Customer of any changes in the in the features of the Services or in BellSouth's policies in the operation of the Services that are reasonably expected to materially affect Customer's use thereof. (c) BellSouth will use a reasonable degree of care to maintain the secrecy of any of Customer's passwords which are in its possession, but BellSouth shall not be liable for any unauthorized access to or use of the Services or Customer's Network by third parties. (d) Upon notification from Customer of any interruption or malfunction in the Services or a need for reconfiguration of Customer's Services, BellSouth will use reasonable efforts to cause the same to be repaired or reconfigured. BellSouth shall have the right to access Customer's Services for the purpose of performing such repairs or reconfiguration or confirming Customer's compliance with its obligations with respect to the Services. 10. Limitation of Warranties and Liability; Disclaimer of Warranties. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER BELLSOUTH NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BELLSOUTH OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED, NEITHER BELLSOUTH NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY CUSTOMER OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE. CUSTOMER AGREES THAT CUSTOMER WILL NOT IN ANY WAY HOLD BELLSOUTH RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM BELLSOUTH MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE), 11. Remedies of Customer. Customer's sole remedy for any failure or non-performance of the Services (including any associated Equipment, Software or other materials supplied in connection with the Services) shall be (i) for BeliSouth to use commercially reasonable efforts to effectuate an adjustment or repair of the Services and, in the event such failure or non-performance results in Service downtime which exceeds the period of time specified in the applicable service level agreement portion (if any) of any applicabie Order or Service Description, to receive a refund or credit of or against any charges otherwise payable for the Services for the period of service downtime as provided for in the applicable service level agreement portion (if any) of any applicabie Order or Service Description, or (ii) if such failure or non-performance results in Service downtime or 6/2001 Customer Initials_ Date: 4 of 4 @ BELLSOUTH '-' -...I BellSouth ® Business Services Terms and Conditions degradation so substantial as to render the Service essentially unavailable to or unusable by Customer for normal use, to terminate the Services for default by BellSouth in the manner provided in these Terms. Unless specified to the contrary in any applicable service level agreement portion of any applicable Order or Service Description, the maximum credit for service downtime or otl1er failure shall not exceed the total monthly bill to the Customer for the Services for the month in which such downtime or failure occurs. 12. Disclaimer of Liability. BellSouth shall not be responsible for the use made of the Services by Customer, its authorized users, or any other customer or third party. Without limiting the generality of the foregoing, BellSouth shall not be liable to Customer or any of Customer's users for any lost profits or other consequential damages, even if BellSouth has been advised of the possibility of such damages; any claim or other action against Customer by any third party (except as set forth in the section below on infringement); any act or omission of any other entity furnishing products and services which are used by Customer in connection with the Services or for failure of any products or services provided by Customer; or any damages or losses caused by the fault or negligence of Customer or Customer's failure to perform Customer's responsibilities. 13. Limitation of Liability. In the event that a court should hold that the limitations of liabilities or remedies available as set forth in these Terms, or any portions thereof, are unenforceable for any reason, or that any of Customer's remedies under these Terms fail of their essential purpose, Customer expressly agrees that under no circumstances shall BellSouth's total liability to Customer or any party claiming by, through or under Customer for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by Customer for use of the Services during the twelve-month period preceding the date such claim first arose. 14, Indemnification. (a) If promptly notified in writing of any action brought against Customer based on a claim that the Services infringe a United States patent, copyright, trademark, or other intellectual property right, BellSouth will defend that action at its expense and will pay any and all fees, costs or damages that may be finally awarded in that action and/or a settlement resulting from it (provided that Customer shall permit BellSouth to control the defense of such action and shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without BellSouth's prior written approval). If a final injunction is obtained against Customer prohibiting usage of the Services by reason of infringement of a United States patent, copyright, trademark, or other intellectual property right, BellSouth will, at its option, either: (1) at its expense procure the right for Customer to continue usin,g the $ervices or (2) direct Customer to cease using the Services. In the latter event, the Services shall terminate immediately, 70 -f~e. e¥lerrt QI/r;",,~d /1t;; liÀ..J (b~Customer will indemnify anö save harmless BellSouth from and against all loss, liability, damage, and expense, including all reasonable counsel fees, due to claims for infringement of patents, copyright, trademark, or other intellectual property rights, or due to any other claims or causes of action by third parties of any nature whatsoever, arising from the use in connection with the Services of equipment, software or information not provided by BellSouth, or otherwise relating to or arising out of Customer's use of the Services. 15, Force Majeure. BellSouth shall not be responsible for any delay or failure in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any regulated telephone network or any other occurrence commonly known as force majeure, including war, riots, embargoes, strikes, or other concerted acts of workers (whether of BellSouth or others), casualties or accidents, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services. BellSouth may cancel or delay performance hereunder for so long as such performance is deiayed by such occurrence or occurrences, and in such event BellSouth shall have no liability to Customer. 16. Termination and Default. (a) BellSouth may, at its sole discretion, terminate any Customer Order and discontinue Customer's access to and use of the Services, if: (i) Customer fails to pay any amount within 10 days after written notice that the same is delinquent; or (ii) Customer breaches any of the terms, conditions, obligations, or representations contained in these Terms; or (iii) Customer becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization, or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due, or (IV) Customer's equipment or use of the Services interferes with the Services or any other user. In the event of a default by Customer as specified in this section, BellSouth shall also be authorized to retain all payments made hereunder and to recover the full unpaid balance of the charges applicable to the remainder of the then current minimum term of Customer's Order for the Services. In addition, if BellSouth reasonably determines that the continuation of the Services has become impractical or unfeasible for any technical, legal, regulatory or other reason, BellSouth may terminate the Services at any time. BellSouth will, in such event, provide Customer with at least thirty (30) days prior notice of such termination if reasonably practical. (b) If Customer has elected a minimum term for the Services and then cancels its Services or any portion thereof (or has its Services or any portion thereof terminated for default as provided above) prior to the expiration of such minimum term, Customer shall be obligated to pay BellSouth a termination charge equal to the amount (if any) specified in the applicable Order; otherwise the termination charge shall be equal to 100% of the total monthly charges (other than variable usage charges) which would have become due for the remainder of the scheduled minimum term if such cancellation had not occurred. Such termination charge shall be paid to BellSouth within thirty (30) days after such cancellation by Customer. (c) If BellSouth breaches any of these Terms and fails to cure such breach within thirty (30) days after writlen notice of such breach, Customer may (as its sole remedy except for any credits that may be payable for downtime as provided elsewhere herein) terminate its Services by written notice to BellSouth, without obligation for any early termination charges otherwise payable hereunder. (d) ~f¡'e(' pr¡1J 0r:J, +e(~¡~a-le ¡hIS ~Netnenf w//Áou-f {3q/{s; t()/fis;(-¡? --t/lir~ (.3D) cIJ5 prior ùJf'iWen (Joice -h f/e ø1h!¿.(' par+~ j pf'DI/'cI e-cf +hcl-f pq.jr'lle(\'-f fY\u"sf Ix moie -Por- oU serVices p'foulr1ecP 6/2001 Customer Initials_ Date: 5 of 5 .. @ BELLSOUTH '-" ...",; BellSouth ® Business Services Terms and Conditions 17. Use of Materials, Marks and Information, (a) Customer may use, copy and distribute the materials found on the Services for internal, noncommercial, informational purposes only. Except as authorized in this paragraph, Customer is not being granled a license under any copyright, trademark, patent or olher intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by BellSouth, its affiliates and/or any third party owner of such rights. Customer shall have no ownership or property rights in the Services or in any documentallon provided in connection with the Services, Customer may make copies of such documentation solely for use in connection with its authorized use of the Services, and all such copies shall include all copyright, trademark and other proprietary notices appearing in the original documentation. Upon the termination of the Services 10 Customer, Customer shall return all copies of the documentation to BellSouth or certify destruction of such documentation. (b) The BellSouth company names and logos and all related product and service names, design marks and slogans are the property of BellSouth or its affiliates. Customer is not authorized to and shall not use any BellSouth name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of BellSouth. (c) Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Customer sends to BellSouth relating to the Services and which have not been identified as confidential will be treated as being nonconfidenllal and nonproprietary. BellSouth assumes no obligation to protect such informalion from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. BellSouth will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. BellSouth may also use Customer's status as a subscriber to the Services for the purpose of marketing to Customer other BellSouth products and services. (d) All product and service marks contained on or associated with the Services that are not BellSouth marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply BellSouth's endorsement, sponsorship or recommendation of the third party, information, product or service. 18. Service Level Agreement for Certain Dedicated Internet Access Customers. The fOllowing Service Level Agreement ("SLA") is made by BellSouth and UUNET Technologies, Inc ("GSP"), each with regard to its respective service, to customers who have ordered any of the following BellSouth.net Dedicated Internet Access Services from BellSouth, and the related Global Service Provider (GSP) service from UUNET, on or after the Effective Date set forth above, for a minimum service term of one year or greater: Asynchronous Transfer Mode ("ATM"), Frame Relay (excluding customers with zero committed information rate) , Private Line, or Frame Relay NxT1 service (collectively, BellSouth's services and the GSP's services are referred to herein as the "Services"), Service Levels General. BellSouth and the GSP will use commercially reasonable efforts to provide their respective services such that the combination of the Services will perform in a manner consistent with the objectives set forth in this document. If either BellSouth or the GSP fail to perform their respective services such that any of the following SLAs are not met, the sole obligation of BellSouth and the GSP and the Customer's sole remedy shall be for BellSouth and the GSP to use commercially reasonable efforts to effectuate a repair of the Services and for BellSouth or the GSP (whichever caused such SLA to be missed) to provide the credits, if any, specified below. As billing agent for the GSP, BellSouth will administer any credits due for any such missed SLAs, such that the Customer will receive the full credit due (if any) whether it was BellSouth or the GSP which caused the SLA to be missed. Network Availabilitv. (a) "Network Availability" is the percentage of total minutes during a calendar month that the Services are available to the Customer, Network Availability is calculated as follows: Network Availability = [(Minutes in a month) - (Total outaae minutes)]! (Minutes in a month) The Services shall be deemed to be "unavailable" whenever an outage is recorded on trouble tickets classified as "major" or "critical" by BellSouth's Network Operations Center, and 'Total Outage Minutes" shall be deemed to be the length of time during which the Services are unavailable to the Customer, as reflected on such trouble tickets. "Total outage minutes" shall not include any outages (i) occurring during scheduled maintenance activities; (ii) attributable to any act or omission of Customer; (iii) attributable to Customer's applications, equipment or facilities; (iv) by reasons of Force Majeure or other causes beyond the reasonable control of BellSouth or the GSP; or (iv) lasting ten minutes or less. (b) The objective for Network Availability is 99.9%. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 1/30th of the monthly recurring charges for the Services for each cumulallve hour or fraction thereof during which the Services are unavailable to the Customer (subject to the limitations set forth herein). Mean Time to Repair. "Mean Time to Repair" is the monthly average lime over any calendar month it takes for BellSouth and the GSP to resolve any outage problem classified as "major" or "critica'" by BellSouth's Network Operations Center. Mean Time to Repair is calculated as foliows: Mean Time to Repair = Total outaae minutes Total outage occurrences The objective for Mean Time to Repair is not to exceed four (4) hours. This objective will be measured and reported but the Customer will not receive a credit if the objective is not met. Installation Date. 6/2001 Customer Initials Date: 60f6 @ BELLSOUTH '-' 'wi BellSouth ® Business Services Terms and Conditions (a) "Installation Date" is the actual date that the Services are made available to the Customer, The Installation Date shall not be deemed missed due to installation delays attributable to (i) by reasons of Force Majeure or other causes beyond the reasonable control of BellSouth or the GSP; or (Ii) Customer's applications, equipment or facilities. All expedited installation requests do not qualify for this installation SLA. (b) The objective for the Installation Date is to be on or before the target date agreed to between BellSouth and the Customer, as reflected on BellSouth's servl.ce management records. For any installation for which the objective is not met (other than for the reasons set forth above) Customer ~III receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the installation charges (if any) otherwise payable by the Customer for the Services. Latency. . . . (a) "Average Latency" is the. monthly average latency of the portions of the network connecting the primary BellSouth Managed FacIlities to each other, determined by measuring round-trip ping responses over such portions of the network as determined by BellSouth and the GSP. (b) The objective for Average Latency is 85 milliseconds. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Services. Other Terms and Conditions for SLAs Customer should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA objective was missed, If Customer believes a credit should have been applied but was not, Customer must request credits within 120 days after the date of the report from BellSouth giving notice that an SLA objective was missed and that a credit is being issued. If Customer's request for a disputed credit was in error, Customer may be charged for the costs associated with researching the disputed credit request. The total credits payable for SLA objectives (other than the Installation Date SLA) missed during anyone month period shall not exceed the total monthly recurring charges for the Services in that month. 19. Terms and Conditions for GSP Service. (a) UUNET Technologies, Inc. ("UUNET") exercises no control over, and accepts no responsibility for, the content of the information passing through UUNET's host computers. network hubs and points of presence (the "UUNET Network"). UUNET (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR iMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, (b) DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, NON-iNFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, and (c) WILL NOT BE RESPONSIBLE FOR ANY DAMAGE CUSTOMER SUFFERS, INCLUDING ANY DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, OR SERVICE INTERRUPTIONS. Use of any information obtained via the UUNET Network is at Customer's own risk. UUNET specifically denies any responsibility for the accuracy or quality of information obtained through its services. UUNET shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, lire, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, or other occurrences which are beyond UUNET's reasonable control. (b) All use of the UUNET Network and the service must comply with the then-current version of the UUNET Acceptable Use Policy ("Policy") available at the following URL: www.uu.neVusepolicy. UUNET reserves the right to amend the Policy from time to time, effective upon posting of the revised Policy at the URL. UUNET reserves the right to suspend the service or terminate this Agreement effective upon notice if UUNET determines that there has been a violation of the Policy. Customer agrees to indemnify and hold harmless UUNET from any losses, damages, costs or expenses resulting from any third party claim or allegation ("Claim") arising out of or reiating to use of the service, including any Claim which, if true, would constitute a violation of the Policy. (c) Network (IP) addresses assigned from a UUNET net-block are non-portable. Network (lP) address space allocated by UUNET must be returned to UUNET in the event Customer discontinues service. (d) Payment is due 30 days after date of invoice. Accounts are in default if payment is not received within 30 days after date of invoice. If payment is returned to UUNET unpaid Customer is immediately in default and subject to a returned check charge of $25 from UUNET. Accounts unpaid 60 days after date of invoice may have service interrupted. Such interruption does not relieve Customer of the obligation to pay the Monthly Fee. Only a written request to terminate Customer's service relieves Customer of the obligation to pay the Monthly Fee. Accounts in default are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay UUNET its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Prices are exclusive of any taxes which may be levied or assessed upon the Equipment or services provided hereunder. Any such taxes shall be paid by Customer. If Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate at the same time it submits this Agreement. (e) Billing for UUNET service will commence when billing for the corresponding BellSouth.netSM service commences. The Start-up Charge (if any) may be invoiced upon acceptance of this Agreement by UUNET. Charges for Equipment shall be invoiced upon shipment. Service is invoiced monthly in advance. After the end of any applicable Term Commitment, UUNET reserves the right to change the rates by notifying Customer 60 days in advance of the effective date of the change. (f) If UUNET determines in its reasonable commercial judgment that UUNET's network was unavailable to Customer, the following will apply (for dedicated business access services at 128Kbps or higher and dedicated web hosting services only); If UUNET so determines that UUNET's GSP service was unavailable for fewer than four consecutive hours during such calendar month, UUNET, upon Customer's request will credit Customer's account for such month the prorated charges for one day's GSP service. Or if UUNET so determines that UUNET's GSP service was unavailable for four or more consecutive hours during such calendar month, UUNET, upon Customer's request, will credit Customer's account for such month the prorated charges for one week's service Schedule maintenance shall not be deemed to be unavailability of UUNET's GSP service Unless agreed to in writing otherwise, this paragraph sets forth Customer's exclusive remedies for unavailability of UUNET's GSP service. 6/2001 Customer initials Date; 7 of 7 @ BELLSOUTH '-" 'wi BellSouth ® Business Services Terms and Conditions The remedies set forth in this paragraph shall not apply if unavailability of UUNET's GSP service is due to Customer's equipment or servers, Customer's access connections, network unavailability outside of UUNET's network, or events of force majeure. Credits will not apply to charges for Customer access or any charges for services other than UUNET's GSP service. Customers with multiple connections at the same location will not receive credits pursuant to this paragraph if at least one connection continues with service available. Customer's account shall not be credited more than the prorated charges for one week's service in any calendar month. (g). These. Terms and Conditi,ons supersede all previous representations, understandings or agreements and shall prevail notwithstanding any vanance With te;ms and conditions of any order submitted unless and except to the extent such variance is expressly set forth in a Special Exceptions section of the Order. Acceptance of this Agreement by UUNET may be subject, in UUNET's absolute discretion, to satisfactory completion of a credit check. Activation of service shall indicate UUNET's acceptance of this Agreement. Use of the UUNET Network constitutes acceptance of these Terms and Conditions 20. Confidential Information I CIS CI/lOW'l.cJ bj lc¡¡ù [;loot (a) Except as set forth in this Section, or as otherwise expressly provided in this AgreemenJ\ each Party agrees that (i) all information communicated to it by the other and identified and marked as "confidential," whether before or after the date hereof, (Ii) ali information identified as confidential to which it has access in connection with the Services and Equipment, and (iii) this Agreement and the Parties' rights and obligations hereunder (collectively, "Confidential Information"), will be, and will be deemed to have been, received in confidence and will be used only for purposes of this Agreement. Each Party agrees to use the same means it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and protect the confidentiality of Confidential Information. No Confidential Information will be disclosed by the recipient Party without the prior written consent of the disclosing Party; provided, however, that each Party may disclose this Agreement and any disclosing Party's Confidential Information to those who are employed or engaged by the recipient Party, its agents or those of its affiliates who have a need to have access to such information in connection with their employment or engagement, provided the recipienl Party notifies such persons of the obligations set forth in this Section and such persons agree to abide by such obligations. (b) The obligations set forth in subsection 18 (a) above will not prevent any Party from disclosing information that belongs to such Party or (i) is already known by the recipient Party without an obligation of confidentiality other than under this Agreement, (ii) is publicly known or becomes publicly known through no unauthorized act of the recipient Party, (iii) is rightfuliy received from a third party, (iv) is independently developed without use of the disclosing Party's Confidential Information or (v) is disclosed without similar restrictions to a third party by the Party owning the Confidential Information. If Confidential Information is required to be disclosed pursuant to law, regulation, tariff or a requirement of a governmental authority, or in connection with an arbitration or mediation, such Confidential Information may be disclosed pursuant to such requirement so long as the Party required to disclose the Confidential Information, to the extent possible, provides the disclosing Party with timely prior notice of such requirement and coordinates with the disclosing Party in an effort to limit the nature and scope of such required disclosure. Upon written request at the expiration or termination of an Attachment or Order, all documented Confidential Information (and all copies thereof) owned by the requesting Party (if previously received by the terminating Party) will be returned to the requesting Party or will be destroyed, with written certification thereof being given to the requesting Party. The provisions of this Section will survive the expiration or termination of any Order, Attachment and this Agreement for any reason. (c) Confidential Information will not include any feedback, data, answers, questions, comments, suggestions, ideas or the like, that Customer sends to any BellSouth Company relating to the Services or Equipment, unless Customer Identifies it as Confidential Information. BellSouth assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. BellSouth will also be free to use any ideas, concepts, know-how or techniques contained in such information or developed by them, for any purpose whatsoever including but not limited to developing, manufacturing and marketing Services and Equipment incorporating such information. Nothing contained in this Section restricts the right and ability of BBS and BeliSouth to use information concerning the execution of this Agreement and the provision of the Services and Equipment to Customer in internal publications. 21. General, (a) Customer may permit its customers or other authorized users to utilize the Services as part of business operations or services provided by Customer, subject to these Terms, However, Customer's Services may not be assigned or transferred by Customer without the prior written consent of BellSouth. Any attempt by Customer to assign or transfer any of the rights, duties, or obligations of Customer with respect to the Services without BellSouth's written consent shall be void, and no assignment or transfer shall release Customer from any of its obligations with respect 10 the Services. BeliSouth may assign, delegate or otherwise transfer its rights or obligations hereunder, in whole or in part, at any time, but no such assignment shall release BellSouth from ultimate responsibility for the Services hereunder. (b) No action, regardless of form, arising out of the Services or these Terms may be brought by either party more than two years after the cause of action has arisen, (c) These Terms, including any Orders for the Services from Customer which have been accepted by BellSouth, set forth the entire agreement between Customer and BellSouth respecting the Services, and supersede any prior written or verbal proposals, agreements, understandings or other discussions respecting the same. BellSouth will not be bound by any provision contained in any purchase order, confirmation, correspondence or other communication from Customer which is at variance with, in addition to or conflicts with any provision of these Terms, unless such variance, addition or conflict is specificaliy identified in a written agreement signed by Customer and an authorized representative of BellSouth which expressly references the appropriate provision of these Terms. No agent, employee, or representative of BellSouth has any authority to bind BeliSouth to any affirmation, representation, or warranty unless the same is specifically set forth in these Terms or In a written agreement as provided above. ,{ . n F/or!cJec... (d) These Terms and the Services shall be governed by the laws of the State of~, without regard to its conflicts of laws provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. 6/2001 Customer Initials Date: 8 of 8 @ SELLSOUTH '-' ..." BellSouth ® Business Services Terms and Conditions (e) The remedies of the parties set forth herein are not exclusive unless expressly so stated herein. Terms and Conditions Order Summary The undersigned Customer hereby orders from BellSouth Telecommunications, Inc, ("BeIlSouth") and UUNET Technologies, Inc. ("GSP") BellSouth Business Service and the associated GSP service, respectively, Df the type, at the location and for the prices and term specified in this Order Summary Form and its related Order Detail Form(s) (collectively, this "Order"). BellSouth Business Service and the associated GSP service are provided, and this Order is submitted, subject to and in accDrdance with the BellSouth® Business Services Terms and Conditions, and GSP Service terms and conditions, and all applicable acceptable use policies. This Order is valid only when accepted by an authorized representative of BellSouth. The term of the Service begins upon completion of installation by BellSouth or acceptance of this Order by BellSouth, whichever is later. Order Summary Form 6/2001 Customer Initials_ Date: 90f9 @ SELLSOUTH ~ 'WI BellSouth ® Business Services Terms and Conditions $0.00 $3875.00 ~ IMPORTANT · CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ORDER, INCLUDING THE APPLICABLE ORDER DETAIL FORM(S) AND THE BELLSOUTH® BUSINESS SERVICES TERMS AND CONDITIONS AND RATE SCHEDULES AND GSP SERVICE TERMS AND CONDITIONS, AND ALL APPLICABLE ACCEPTABLE USE POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ORDER AND SHALL PREVAIL OVER ANY ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ORDER, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. NOTE · The rates for this Service include the annual Domain Name registration fee (for first two years) with the InterNIC if the customer purchases Domain Name Registration. After the initial two years, the customer will be responsible for paying these fees directly to the InterNIC. Any amounts for GSP charges shown in this Order are rates established by the participating GSP chosen by the Customer for service provided by the GSP. · If Customer selects this option, BellSouth will attempt to meet the expedited installation date and Customer will be charged the additional one-time installation fee if and only if BellSouth meets such date or would have done so but for delays caused or requested by Customer. 6/2001 Customer Initials Date: 10 of 10 .... " iì \.-,;,f '-' '...I AGENDA REQUEST ITEM NO. C- g DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Community Services Beth Ryder, Director SUBJECT: Approval of Resolution 01- 315 and the 2001/02 application for the U. S. C. 5307 Federal Transit AdministratIon Grant. BACKGROUND: Each year since FY 1992/93, St. Lucie County has applied for grant funding from the Federal Transit Administration to fund operating and capital costs for the contracted transportation provider for St. Lucie County, Council on Aging/Community Transit. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A. RECOMMENDATION: Approval of Resolution No. 01· 315, approval of the grant application, approval of the 10 % match of $11,500 for rolling stock (funding will be appropriated in FY02/03), acceptance and authorization for the Chairman to sign all documents necessary after award of the grant. COMMISSION ACTION,;, [x] APPROVED [] DENIED [ ] OTHER: Review and ADDrovals County Attorney :x Purchasing: Originating Dept. Other: Finance: (Check for Copy only, If applicable!.. Management & Budget:X Other: ;, I '-' ...., RESOLUTION NO. 01-315 A RESOLUTION DESIGNATING THE COMMUNITY SERVICES DIRECTOR/COMMUNITY TRANSPORTATION COORDINATOR AS THE AUTHORIZED STAFF PERSON FOR ST. LUCIE COUNTY AUTHORIZED TO ELECTRONICALLY FILE THE 49 U.S.C. SECTION 5307 FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board is authorized to file applications for transit related grants to the Federal Transit Administration and the Florida Department of Transportation. 2. This Board is authorized to provide public transit services for St. Lucie County under State and Federal Law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 1. This Board hereby authorizes the submission of a 49 U.S. C. Section 5307 Grant Application with the Federal Transit Administration for Fiscal Year 01102. 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. 3. This Board further designates the St. Lucie County Community Services Director/Community Transit Coordinator to electronically execute any and all docwnents necessary including the application. agreements, assurances, reimbursement invoices, warranties and other docwnents on behalf of the Board and its Chairman which may be required by the Federal Transit Administration and/or the Florida Department of Transportation. " , '-' ,."., ;-,\. -' 4. This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward XXX Vice Chairman Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED this 18th day of December 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney " '-' -..",I , SERVICE TO ST. LUCIE COUNTY Federal Transit Administration 49 U.S.C. SECTION 5307 (formerly Section 9) GRANT APPLICATION Capital and Operating Assistance Fiscal Year 2001-2002 07-01-01 through 06-30-02 ,_" .. \wi ....", .. Project Description and Project Budget Worksheet Prepared by M. Arbore and D. Ginns for Council on Aging of St. Lucie, IDe. COMMUNITY TRANSIT 49 U.S.C. Section 5307 Fiscal Year 2001-2002 07-01-01 through 06-30-02 TABLE OF CONTENTS Transnúttal Lptter Incorporating the Commitment of Local Share. . . . . . . . . . 1 Application for Federal Assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Intergovernmental Review Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 3 P· D .. rOJect escnptlon.........................····················· 4 Project Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . 5 Pr~ectBudgetVVorksh~ ......................................... 6 Certification and Assurances for Fiscal Year 2001 . . . . . . . . . . . . . . . . . . . . . .. 7 Project Implementation Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Project Justification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 49 USC Section 5307 Funding Certifications Letter ... . . . . . . . . . . . . . . . . . .. 11 Copy of Public Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 ;. . , '-' 'wi December 6, 2001 I Jerry Franklin Regional Administrator Federal Transit Administration Region Four 61 Forsyth Street, SW. Suite 17T50 Atlanta,<Jeoqpa 30303·8917 RE: Fiscal Year 2001-200249 U.S.C. Section 5307 Grant Application - Transmittal Letter Incorporating the Commitment of Local Share Dear Mr. Franklin: Enclosed please find the St. Lucie County Board of County Commissioners' Fiscal Year 2001·200249 U.S.C Section 5307 application and submissions for assistance for capital and operating costs on behalf of the Council on Aging of St. Lucie Inc.'s Community Transit. The Council on Aging's Community Transit continues to be an invaluable community resource. The tremendous growth of this program has been recognized by the Board of County Commissioners in authorizing the annual submittal of this grant on behalf of the program. St. Lucie County's five year Transit Development Plan and Transportation Improvement Plan further recognize Community Transit as a public transit provider. In Fiscal Year 2001-2002, local resources will support Community Transit's operation with a total oU 713,732. In addition, the Council on Aging's Community Transit is a recipient of the State of Florida's Public Transit Block Grant and Section 5311 funding. In recognition of the significant contribution Community Transit makes toward meeting transit needs in the county, the Board of County Commissioners has designated the Council on Aging's Community Transit as a recipient for Fiscal Year 2001·200249 U.S.C Section 5307 assistance. Therefore, on behalf of the Council on Aging of St. Lucie, Inc.'s Community Transit, the Board of County Commissioners respectfully submits the enclosed application for federal operating and capital assistance in the amount of$ 1,176,174. Sincerely, Doug Coward Chainnan Enclosure 1 .., ... !I&Ðt.....As.rUHC! '-' '...I 1, Typo of lubm_: 2. DIn IUIml_ AppI_kM_ -- p---llø"'laø 1....."-111'- -Appl-- I:] c:œwuouon CJ COIIo1NG11on I" 1111'1 c::J ..-II/Uatlon C Non- F.......Id._ _Ion L AppI_lnlO...-n Logl! N_ COUncil on Aging of at. 018"_ Unit: COUnoII on AglnflComlllunlty T...... LUC'" I... Add...., III.. city cou"", _.. ... D_') __ ond telepho.. nu.._of _ to be _ on _Involving - II>II- 1108 Orono A...... Both Rydor\HI)__I172 FofI ..-.. Flortda _ .......,~............. 7. TYPE OF APP\.ICANT:(_r _",prtoIo _r In box) D 10-1.7.012 L Typo of AppI_n: ..- No .......................... -J._ COntlnHtlon _ --- L_ L ........................~ N R""'on, ._ "",",,_I_C') In box (..~ 0._ ..-- - A. 1...... A_ S. Doo...._ C.1IIe_ DtI_ ...- ...-- D. Doo.... DurIIIon DI/IOrl_1Iy) L_ L_ ,.- ..-- .. U.s.c. _on N07 L__ ..__~:..1&.11 - ., _. of FEDEIIAL AGENCY: FocI.... T,..'" Ad..ln_ 10. CIIaIO of F_'" 00_ ___ Nu..bor: 11. 00-1...... T1Ito of AppUconœ Pro~ I Tltl. F_ T_Ad..ln_ _n 13OT.......... ... U. S. C. _1307 CapItIIond Oponang ....1- 12. _ _III' Prooc1 1_ coun1lø, - -.) at. L_COUnlyU_ """ Is' PropoMd Prooc:t 1.. Cong__of: -- Ending _ L AppI..... Þ. Prooc:t 7/1101 - DIoIrIct 12-at. Lucie COU_ DIo1rIct 12 . at. LucI. Counlv EoII....... ~.......... IL IS APPLICATION SUBJECT TO REVIEW IV STATE EXECUTIVE ORDER 12372 PROCESS? ..F_ ·1....._00 Þ. AppI..... I_on N1 II ~ooo.oo L YES Thla Prwppllcatlon. AppIIatIon wa l'fIiMi. Rallllble to the sag EncutlYe Order 123n ProcntI ..- -72&.00 fQr revIM on... DATE d.L..... . J71Uft.00 [J Þ. NO PrO'" I. not covorod III' EO 12372 L oth.r If..box) .... 000.00 C Or"""'... _ not _n 001_ bY _ for...... f. Prog_I_ 17. .. III. ApplI_ Dollnq...'" of _ FocI.... DEBT? II- TOTAL 0<>1"'12.00 C .,.. ..,........ -......... Q 1.. TO THE lEST OF MY KNOWLEDGE ANO BELIEF ALL DATA IN THIS APPLICATION PREAPPUCATION AlII! TRUE AND CORRECT. THE DOCUMENT HAS BEEN DUL V AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLVWlTH THE ATTACHED ASMIItAHCEa IF 'fIlE _'AlICE IS AWARDED. ..TypodN...of_~ Þ. TIll. e. T."phane number Chairman Board of County Doug Coward Commissioners IHI) 0112-1_ d. Slgllllun of_bpi &£..... DolO Sign'" --..- ---- .-.........-¡ ;,. , , - "-' ...., INTERGOVERNMENTAL REVIEW CERTIFICATION UMTA Circular 95000.1 Re: Project No. USC 49 Section 5301 Fiscal Year 2001-2002 01-01-01 through 06-30-02 Certification is given by the recipient named herein, BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, respect to its application for assistance pursuant to USC 49 Section 5301 of the Urban Mass Transportation Act of 1964, as amended, filed with the Federal Transit Administration (FTA), that the recipient has complied with the provisions of 49 CFR 11, Intergovernmental Review of Department of Transportation Programs and Activities. ArrEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECl'NESS: COUNTY A TIORNEY ;. . ... J ""' ..." -- FfA 49 U.S.C. Section 5307 Fiscal Year 2001-2002 07-01-01 throulh 06-30-02 PROJECf DESCRIPTION CAPITAL Activity Line Item 11.12.40 - Purchase AssociatedCanital Sunnort Eauinment . Purchase on an as needed basis of capital support equipment, including batteries and tires, to maintain the vehicle fleet Activity Line Item 11.13.04 - Purchase less than 30 feet vehicles Purchase of one expansion less than 30 foot vehicle to include farebox and ADA accessibility Activity Line Item 11.42.07 Acauire ADP Hardware Update/expand computer hardware and office/training equipment Activity Line Item 11.62.03 - Acauire radios Acquire 2 radios, 1 voice and 1 data, for the expansion vehicle to be purchased under Activity Line Item 11.13.04 Activity Line Item 11.62.20 - Acauire oúsceUaneous communication eauinment Acquire 1 Mobile Data Terminal for the expansion vehicle to be purchased under Activity Line Item 11.13.04 Activity Line Item 11.79.00 - Project Administr~tion St. Lucie County's Administrat\øn Fee for bi1lÏ1\~ and reporting activities OPERATING Fisoal YeatZOOI-2002 net operating budget is e~ted at $ 2,008,912. Section 5307 request for Qpera~ assistance is in the amount ofSl,004,456. 4 ~ Project Budget Grantee: St Lucie CountylCouncll on Aging of St Lucie, Inc. ~ ~ Grant No. Budget No. FEDERAL AMOUNT TOTAL AMOUNT SCOPE 111-01 Bus Roiling Stock $125,450 $115,000 ActIvity 11.12.40 Associated Capital Maintenance 11.13.04 1 expansion < 30 FT bus ADA (83%117%) Alternative Fuel Code Type: DF - Diesel Fuel "Budgeted vehicles amounts include farebox $30,000 $95,450 $37,500 $115,000 SCOPE 114-00 Bus Support EqulpJFacll1tles Total Capital: $33,038 $41,295 $33,036 $41,295 $3,232 $4,040 $832 $1,040 $2,400 $3,000 $10,000 $12,500 $10,000 $12,500 $171,718 $169,835 $1,004,456 $2,008,912 $1,004,456 $2,008,912 $1,004,456 $2,008,912 $1,178,174 $2,178,747 ActIvity 11.42.07 Acquire ADP Hardware SCOPE 116-00 Bus Signal and Communication Equipment ActIvJtv 11.62.03 Acquire 2 Radios 11.62.20 Acquire Mobile Data Terminal SCOPE 117-00 Bus Other Capital Items ActivitY 11.79.00 Project Administration SCOPE 300-00 Operating Assistance ActivitY 30.09.80 Operating Assistance - 50% 7/1/00 -.6130101 Total Operating: Total Combined: 5 ... ... '-" UMTAC 9030.1C October I, 1998 ;' ...." FI'A 49 U.S.C. Section 5307 Fiscal Year 2001-2002 07-01-01 throulh 06-30-02 PROJECT BUDGET WORKSHEET For the Period of: Transit Operator: Applicant: July 1, 2001 - June 30,2002 . COA Community Transit COA Community Transit wI St. Lucie County, FL (1) ;, . , Total Operating Expenses Adm.lOperlLaborlFringe Services Materials/Supplies Utilities Insurance Miscellaneous Expenses (travel, training, marketing) Lease & Rentals Taxes TOTAL OPERATING EXPENSE: (2) Less Eliminations: TOTAL ELIMINATIONS (3) (4) Eligible Operating Expenses Less Farebox and Other Revenues not Includable as Local Share $50,000 Section 5311 $42,000 (5) Net Project Cost: (6) Local Share $713,732 FDOT BG $290,724 TOTAL LOCAL AND STATE REVENUES 7) Net Expenses Before Ff A (8) FfA Funds Available (9) Ff A Funds Requested 6 $1,248,982 $ 417,380 $ 155,200 $ 24,000 $ 130,000 $ 21,650 $ 103,200 $ 500 $2,100,912 None $ -0- $2,100,912 $2,008,912 $1.004.456 $1,004,456 $1,004,456 $1,004,456 , '-' 'wi Appendix A FEDERAL FY 200% CERTIFICATIONS AND ASSURANCES FOR ITA ASSISTANCE (Alternative to Electronic Filing) Name of AppUcant: St. Lucie County The AppUcant agrees to comply with appUcable requirements of Categories 1 - 16. .lL- (The Applicant may make this selection in lieu of individual selections below.) OR The AppUcant agrees to comply with the applicable requirements of the foUowing Categories it has selected: 1. Certifications and Assurances Required of Each Applicant 2. Lobbying Certification 3. Certification Pertaining to Effects on Private Mass Transportation Companies 4. Public Hearing Certification for a Project with Substantial Impacts 5. Certific~tion for the Purchase of Rolling Stock 6. Bus Testing Certification. 7. Charter Service Agreement 8. School Transportation Agreement 9. Certification for Demand Responsive Service 10 Prevention of Alcohol Misuse and Prohibited Drug Use Certification 11 Certification Required for Interest and Other Financing Costs 12. Intelligent Transportation Systems Program Assurance 13. Certifications and Assurances for the Urbanized Area Formula Program, the Job Access and Reverse Commute Program. and the Clean Fuels Formula Program 14. Certifications and Assurances for the Elderly and Persons with Disabilities Program 15. Certifications and Assurances for the Nonurbanized Area Formula Program 16. Certifications and Assurances for the State Infrasttucture Bank (Sm) Program (Both sides of this Signature Page must be appropriately completed and signed as indicated.) ;,. , 7 , , '-' ~ Appendix A FEDERAL FISCAL YEAR 2002 ITA CERTIFICA nONS AND ASSURANCES (Required of all Applicants for PI' A assistance and all PI' A Grantees with an active capital or formula project) Name of Applicant: St. Lucie County Name and Relationship of Authorized Representative: BY SIGNING BELOW I, (name), on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Feden.! statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (F1' A) in Federal FISCal Year 2002. FI A intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix. A. should apply, as required, to each project for which the Applicant seeks now, or may later, seek FI'A assistance during Feden.! Fiscal Year 2002. The Applicant afflrlDS the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FI' A. and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U,S.C. 3801 et seq., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FIA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.c. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FIA. In signing this document, I declare under penalties of petjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature Name Authorized Representative of Applicant Date: AFFIRMATION OF APPUCANTS ATTORNEY for St. Lucie County (Name of Applicant) As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Date: Signature Name Applicant's Attorney Each ApplicaDt for FfAfmancial assistance (exœpt49 U.S.C. S312(b) assistance) and each FfA Gnmtee with an active capital or formula project IIII1St proWIe an Allcmey's affirmation of1be App1K:ant's1epl capacity. The Applicant may enter its PIN in lieu of1be elec1roDic signature of its AItcmey, provided the Applicant bas on fill: this Affumatioo of its Aøaney ÌD writing doled this FedeIa1 fiscal year. ;" , g .' '-' ....,,¡ Fl'A 49 U,S.C. Section 5307 FiICa! Year 1001-1001 07-01-01 tb.,.... 06-30-01 PROJECT IMPLEMENTATION SCIII!:DULI!: The following is an estimated implementation schedule prepared by the Council on Aging of St. Lucie, Inc. These dates are based on time allotments from previous submittals and contingent upon coordinating with St. Lucie County's Board of County Commissioners. Matter ~ 11/0 I 01/02 03/01 04/0 1 Submission of application to SLC for Review Submission of application to FOOT Submission ofapplication to FI' A Application Approval Received SCOPE 111-00 Bus RollinS!: Stock Activity Line Item 11.12.40 Activity Line Item 11.13.04 FebIMarch April June September Purchase on an as needed basis Prepare bid specifications for rolling stock Advertise Award contract Take delivery of vehicles SCOPE 114-00 Bus SUDDOrt Eauip,/Facilities Activity Line Item 11.42.07 FeblMarch April May Cost Analysis Procurement of computer hardware Take delivery of computer hardware SCOPE 116-00 Bus Sil>1lal and Communication Eauipment 11.62.03 July August September 11.62.20 July August September Cost Analysis Procurement of radios Take delivery of radios Cost Analysis Procurement of mobile data terminal Take delivery of mobile data terminal SCOPE 117-00 Bus Other CaDital Items Activity Line Item 11.79.00 Draw as needed in correlation to progress of program of projects SCOPE 300-00 OPeratine: Assistance Activity Line Item 30.09.80 Draw as needed - operating assistance 7/1/01-6130/02 ~. , 9 '-' 'wi / FfA 49 U.S.C. Section 5307 Fiscal Year 2.001-2.002. 07-01-01 throu'" 06-30-02. PROJECf JUSTIFICATION Activity Line Item 11.12.40 - Acauire Associated Caoital Suooort Eauioment Community Transit will acquire associated capital support equipment. including batteries and tires. to maintain its vehicle fleet. Activity Line Item 11.13.04 - ACQuire 1 exoansion less than 30 feet vehicles Community Transit proposes to expand its current vehicle fleet by purchasing one less than 30 foot vehicle. This expansion vehicle will include a farebox and ADA accessibility. and will operate on diesel fuel. Activity Line Item 11.42.07 - Acauire ADP Hardware Community Transit will require the update and expansion of computer hardware and office/training equipment for operations at the Ft. Pierce Administrative Facility. Activity Line Item 11.62.03 - Acquire 2 radios Community Transit proposes to acquire 1 data radio and 1 voice radios for the expansion vehicle to be purchased under Activity Line Item 11.13.04. Activity Line Item 11.62.03 - Acquire 1 Mobile Data Temúnal Community Transit proposes to acquire 1 mobile data temúnal for the expansion vehicle to be purchased under Activity Line Item 11.13.04. Activity Line Item 11.79.00 - Proiect Administration St. Lucie County will utilize project administration funds for billing and reporting activities related to the program of projects. 10 ,. , '-' ...., December 6, 2001 " Jerry Franklin Regional Administrator Federal Transit Administration Region Four 61 Forsyth Street, S.W. Suite 17T50 Atlanta, Georgia 30303-8917 Dear Mr. Franklin: RE: Fiscal Year 2001-2002 49 U. S. C. Section 5307 Funding Certification Letter Dear Mr. Franklin: The St. Lucie County Board of County Commissioners hereby certifies that it will comply with all Federal statutes, re8"'la$.ions, executive orders and administrative requirements applicable to applications made to and giants received from the Federal Transit Administration under Sections 3, 3(a)(C), 6, 8,9, 9B, 10, 16(b)(2), IS-or for human resource assistance under Section 20 of the Urban Mass Transportation Act of 1964, as amended, as well as for transit related projects under the Federal Aid Urban Systems and Interstate Transfer Programs, SectioIlS' 152 and 1 03( e)( 4)t respectively, of Title 23 of the United States Code. The provisions of Section 1001 of Title 18, U. S. C. , apply to all certifications and submissions in connection with applications made to any grants received from the Federal Transit Administration. . .' The St. Lucie County Board of County Commissioners certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands thatthe provisions 001 U. S. C. 3801 et. seq. are applicable thereto. Sincerely, Doug Coward Chairman 11 ,. , '-' """" The undersigned legal counsel for the St. Lucie County Board of County Commissioners hereby certifies that the Board of County Commissioners has authority under state and 10ca1law to comply with the subject assurances and that the certification above has been legally made. . / Heather Young Assistant County Attorney ;,. ... ¡:z """ .....,¡ LEGAL NOTICE PROGRAM OF PROJECTS AND BUDGET .. COASL hereby notifies the general public and other transportation operators of its intent to apply for 49 U. S. C. Section 5307 funding for Fiscal Year 2001-2002 in the amount of$1,176,174. Funds are to be utilized in the following proposed program of projects: Operating assistance in the amount of $1,004,456 for the operation of public transit service to St. Lucie County; Capital funding for bus rolling stock, bus support equipment and facilities, bus signal and communication equipment, and project administrative expenses in the amount of $171,718. A more complete description of projects and budgets is on file for review with the Council on Aging ofSt. Lucie, Inc., Office of the PresidentlChiefExecutive Officer, 1505 Orange Avenue. A hearing has been scheduled at this address at 9:00 A.M Wednesday, December 26,2001. The hearing will be conducted oJÛY ifa written request is received by Monday, December 17, 2001. If no public hearing is requested, the proposed program of projects shall be considered final. *To be published in the Tribune on December 10, 2001. 13 '" .., \ 'r~ "" ~ AGENDA REQUEST ITEM NO. C.-Cj DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jack Southard, Director SUBMITTED BY(DEPT): Public Safety SUBJECT: Upgrade ofthe existing AS400 Hardware/Software to expand the disk storage space required for retention of the CAD & Crimes data. The current system storage space has reached over 80% and is rapidly approaching a critical level of 90% at which time the system will automatically overwrite existing data. Information Technology recommends that an upgrade is mandatory at the earliest possible time. Information Technology can expedite to purchase the hardware upgrade at cost of $37,581.50. The price quoted is only valid through December 28, 2001. BACKGROUND: The current system is capable of being upgraded to meet the existing needs of the Public Safety department and agencies served by the 911 computer system. Information Technology will coordinate the order and installation of the upgrade through HTE. Due to the potential for loss of service the county can not wait any longer to purchase an upgrade. FUNDS AVAIL: Funds will be available in Emergency Management Capital Software account #001- 2510-568000-200. PREVIOUS ACTION: The Board of County Commission previously approved the HTE AS400 CAD & Crimes Computer System. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the hardware upgrade Equipment Request #EQ02-174 in the amount of $37,581.50 and Budget Amendment #BA02-115. f>(J APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: Review and ADDrovals . ,!l / í\\~ purChasing:~ Other: County Attorney: Originating Dept: Other: '-t BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB FOR PUBLIC SAFETY 12/13/01 12/18/01 Software $18,000 $19,582 TO: 001-2510-568000-200 001267-2510-568000-200 Software Pro'ect Reserve $18,000 $19.582 FROM: 001-9910-599100-800 001267-2510-599330-200 Contin en REASON FOR BUDGET AMENDMENT: To rovide funds for AS400 hardware and software u re uired for retention of the CAD and Crimes Data. EQ02-174 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $822,572 $18,000 $804,572 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 02-115 G:\BU DGET\QUA TTRO\G ENERAL \FORMS\AMENDM02.wb3 DEPARTMENT Approved Budget Proposed action: '-f ....." FISCAL YEAR 2001-2002 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $804,572 ITEM ACCOUNT # Contingency 001-9910-599100-800 Reserved for Supervisor of Elections Supervisor of Elect. Loan Payoff to Suntrust Bank Tourism Recovery Plan in Partnership with FLAUSA Total used: Balance Available Weed and Seed Proposal AS400 Public Safety Software Upgrade Balance Available After Proposed Action: G:\BUDGET\QUA TTRO\G ENERAL \FORMS\AMENDM02.wb3 AMOUNT 1,107,452 $107,452 $5,648 $109,931 223,031 884,421 61,849 18,000 804,572 DATE 10/01 1 0/09 11/20 12/18 12/18 m c::: WN Zc o~ (ij~ mc :æ:~ :æ:c::: 0« ow..... ~~~ z«:!: :::JON om..... oï:Lw u.œ:.... 00« cu.C œ:........ «mm QWW m:::J8 )-Ow I-WC::: zC::: :::JI-« ozc owz w:æ:~ _0.« 0- :::J:::J ..JO .w .... m ë w o z w :!: :!: o u w a: ë w > o a: 0.. 0.. < >- I- LU ll. ;;j ü :J en ::J Q.. I- <:: LU ¿ LU (9 ~ ~ >- ü ~ (9 ct LU ~ ¡:.: z w :ï: Ž ~ 0 < iñ 0.. :> ~ ë '-r LU Q c¿ (9 Q.. ::J LU ct ~ l- ll. o ~ ct ~ Q ct ~ o o "I' C/) « ¡:.: z w :!: 0.. 5 o w 'WI o o C'-I , o o o IX> CD L() 6 '"' L() C'-I ~ CD C'-I '"' :5 -0 t:: m o o C'-I 6 o o IX> <D L() , o '"' L() C'-I , '"' o o ....~ -E!2 -00... @~~ '5 ,~ {!J 0- -0 OJ ~ t:: t:: Q)rn:.::: () ",a ,!!¡ m a' >< Q. 0 () II) ~ CD Q)W:s' OJ:>'() ~o~ .E-O~ II) () c: ~13~ ,II) m 0 "6 Q) Q)~~ .r::lI)èõ _ CO () -o.r:::::, c:: Q) m CO () E 0.. CO 0 ~ ~"5 O CD m oN O>:=:::: ~ ~ §: co.EE S: II) Q) "EE- coQ)~ .r::-CIJ o ~ CD OCIJ.r:: "1'-- C/)t::Q) «!!:E 10; '- OJ=:¡- ,Su.r:: "¡;;; Q) ,~ '-'¡:: .r:: ~ -:: S: (l) .ã; :S ~ ,0 't.... CO 0...... 0-00 CDClJO) -oQ)..... !liE':: -'- CD OJü :>. Q. CD ~<>ð- t::",èõ m ~ () ....~'€ -E'-'u ,~l m 1i5 ~ t» CD 0 ,S &t::13 Q).Q m ~ ê: e ,CIJ Q) Q. f:1i)0.. .-"'co ~ W In :!: :J Z .... Z :J o o u 0( ~ '"' c{¡ o o LU ð w a: .... z w :!: 0.. 5 a w z o ¡:: < u ¡¡: ¡:: rJ) :J -, '-t' .., '.-, ",-_..._,,,,,,.,, -"- j , ".,~,., f f' t, , .> t , '0 ~ ~ ,. ~..,. AS400 System Proposal aTE VAA .JfltWiWfr:j;{t:iJ,~~,> Proposal For: St. Lucie County, FL Date: December 12,2001 Prepared by: HTE VAR, L.L.c. Systems Marketing Services 1000 Business Center Drive Lake Mary, Florida (407)304-3235 Warranty HTE will assist Customer in determining the hardware configuration required to run HTE's Liœnsed Programs. However, HTE cannot provide assurances as to hardware performance and uscfullife because the variables which determine a Customer's utilizatioo and requirements for hardware are numerous, not predictable within reliable certainty, and may not be finally known until the hardware is being utilized. Confidentiality This hardware configuration was developed by HTE for St. Lucie County's use in evaluating HTE as a potential provider of hardware under this proposal. HTE has expended substantial effort and invested material sums in personnel and systems to develop the methodology used to generate this document and to produce this customized document for this document is proprietary to lITE. may not disclose this document to any third party and is expressly prohibited from providing this document to HTE's competitors or other hardware providers. '"r' ..." 12/12/2001 HTE System Hardware / Software Investment Summary St. Lucie County, FL IfÆVAR .. J.,'Ø(IIt'1'r"11.1':HI""" Description Price Annual Maintenance Hardware & Software AS/400 System Hardware 720 to 820 $35,465.00 $3,396.00 HTE V AR Senices Migration Services 720 to 820 $5,600.00 System SubTotal Hardware Discount Applied Grand Total $41,065.00 ($3,546.50) $37,518.50 $3,396.00 Ootional Education and Training Offerings IBM Education Card IBM AS/400 Starter Kit IBM AS/400 Training Library $5,995.00 $3,345.00 $1,995.00 1 Installation and tnining costs do not include travel and living expenses. Tbese costs will be billed to you as incurred. 2 To receive rebate on hardware. tebate form must be subitted no later than three months after purchase date of eligible hardware. Allow up to eight weeks for your rebate check to arrive Documentation attached to proposal. Other than the HTE Support Fees, the Maintenance Fees shown are for infonnational pUlposes only, Maintenance fees are payable directly to the Manufacturer or other party providing the maintenance services. Please do not include these maintenance fees i Note: System ronfigurntioos and sizing are based on infonnation contained in the RFP. HTE reserves the right to make cbanges to the final configuration based on further discussion and/or an on-site analysis. Prices stated are valid for 90 days from the p Customer will be charged for rcal and actual shipping charges. Should the customer request expedited shipping, additional charges may apply, St. Lucie County, FL Upgrade 720 to 820 H.T.E., Inc. CONFIDENTIAL Summary '-r' ....., Date: 12/12/2001 HTE System Hardware I Software St. Lucie County, FL Qty Price Annual Maintenance Svstem Hardware UDerade 9406-720 9406-820 iSeries 400 2395 Process on 9406-820 (375 from 240CPW) Replace Interactive Capcity Card 1501 70CPW with 1500 70 CPW Additiona134.32Gb RAID-5 Disk CD ROM Drive Twinax Controller for Operations Console PCI RAID Disk Unit Controller Base PCI 2-Line WAN Modem HSL Cables Migration Tower Migrate Current Hardware 768 Mb Memory Current DASD Current Tape Unit Curmt Controllers including communication and Ethernet, Twinaxal Integrated Expansion Unit $35,465.00 $3,396.00 SubTotal Hardware Price Total AS/400 Hardware Annual Maintenance HW Discount Total Hardware Price 35,465.00 3,396.00 (3,546.50) 31,918.50 Services RISC to RISC Migration' $5,600.00 Migration of all hardware and assures migration of all HTE application to new system with realignment afRAID am and system resources. I Installation and training costs do not include travel and living expenses. These costs will be billed to you as incurred. SL Lude County, FL Upgrade 720 to 820 H.T.E., Inc. Confidential As400 720 to 820 '-t' ....., Date 12/12/2001 HTE System Hardware I Software Financing Summary St. Lucie County, FL AS/400 System Hardware 720 to 820 $31,918.50 $960.11 $616.35 RIse to RIse Migration Services $5,600,00 $168.45 $108.14 ',' ¡,."\;~n:"Fl't~Tlo')1t.:œJ ': ',,, ". ";'" ~":' ~"~ ·;~·::IB3i1!511æ!1i)~·"'Ç~~~·.7_.F":,i';;',·=-" Note: This is a preliminary Financing Analysis to be used for planning purposes only, The fina¡¡cing estimates utilize rates provided by I'cw Century Finance and in no way should be construed as an actual contract for same. An actuaJ quote can be provided based on the City's credit rating and preferences for repayment structure. St. Lucie County, FL Upgrade 720 to 820 H.T.E., Inc. CONFIDENTIAL Rnancing '-( ..",¡ To: Infonnation Technology From: Peter J. Cotter, Analyst Supervisor Re: Upgrading the St. Lucie County's IBM AS/400 model 9406-720 located at the Emergency Operations Center. The AS/400 CAD/Records system is the computer running the CAD program for the 911 Emergency System. Nonnal usage has reduced the available hard drive space on this machine to a near critical number. This necessitates immediate increase of hard drive space. IBM has announced the models 720 will not be a supported path, as of Jan. 2,2002. This means that the production iSeries model 820 will replace the model 720. Further, ffiM is making the model 820 path available as an upgrade to all model 720 owners. Requests for this must be submitted to our IBM Partner, HTE Var, by Dec. 28,2001. The cost of this upgrade is approximately 66% below the cost of a new model 820 after Jan.2, 2002. The attached quote reflects the proposed upgrade to this system. , j"./ " 'w' "wi AGENDA REQUEST ITEM NO. C - 10 - A DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENl [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul Phillips SUBJECT: Accept the Florida Department ofTransportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JP A and resolution 01-319 authorizing the Chairman to sign the agreement, for the design and construction of .-\irport Industrial Park West at St. Lucie County International Airport. This JP A provides for $1,100.000 over two years of the $3,000,000 necessary for the project. This is a 50% matching fund JPA with the Florida Department of Transportation, BACKGROUND: On March 28, 2000, the Board approved the submittal of the St. Lucie County International Airport Joint Automated Capital Improwment Program to the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA). One of the projects submitted for consideration for future year's funding from the agencies was the Airport Industrial Park West. This project consists of construction of a 150 acre Industrial Park on the west side of the Airport that will ultimately create 2,000 jobs for the region, FUNDS AVAILABLE IN ACCT#: Matching funds of S 1,105,079 are available in the Airport Project Reserve account (140-9910-599330-800). PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (IP A), and authorize the Chairman to execute the JP A and resolution 01-319 authorizing the Chairman to sign the agreement, for the design and construction of Airport Industrial Park West at St. Lucie County International Airport. This JPA provides for $1,100,000 over two years of the $3,000,000 necessary for the project. This is a 50% matching fund JP A with the Florida Department of Transportation. Reviews & Approvals County AttorneY:~OMB Originating Dept: . Other: Finance:(Check fo py only, if applicable) COMMISSION ACTION: [;APPROVED [ ]DENIED [ ]OTHER: Pur asi· Other: '-' ..., St Lucie County INTERNATIONAL AI. õñ"!:f/ôFl8;irfTÎeåstiFiii··ê& Staff Report from St. Lucie County International Airport To: Board of County Commissioners From: Paul A. Phillips, Airport Director Re: Airport Industrial Park West On March 28,2000, the Board approved the submittal of the St. Lucie County International Airport Joint Automated Capital Improvement Program to the Florida Department of Transportation (FDOT) and the F ederal Aviation Administration (FAA). One of the proj ects submitted for consideration for future year's funding from the agencies was the Airport Industrial Park West. This project consists of construction of a 150 acre Industrial Park on the west side of the Airport. The construction of this Industrial Park will allow for the creation of2000 additional jobs in the region. The project is eligible for 50 percent funding from the Florida Department of Transportation (FDOT) over fiscal years 2002 and 2003. Funds for this project has been approved by the Board for fiscal year 2002. The following chart depicts the funding available for this project. Funding Source FY 2001/2002 FY 2002/2003 Total Costs Local Funds $1,105,079 $794,921($1) $1,900,000 FDOT Funds $550,000 $550,000 $1,100,000 TOTALS $1,657,080 $1,346,923 $3,000,000 (1) The $794,921 funding request to the Board of County Commissioners for fiscal year 2002/2003 will be made during the next Board budgeting cycle. Dee 13 01 10:38ð r ~PORT '-' 561 -162 1718 'WI p.1 RESOLUTION NO. 01-319 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 407382-}-94-0 1) FOR THE INDUSTRIAL PARK DEVELOPME~"T AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT A~ AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATIORNEY TO EXECUTE THE AGREEl\-Œ~T BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following dctcmninations: 1. The Florida Department 0 fTransportation has awarded the County funding for Industrial Park Development at the St. Lucie County International Airport (Fin, Proj. No. 407382-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florid... Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie Coun1y, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin, Proj. Ko. 407382- 1 -94-0 I) to provide funding for the Industrial Park Development at the St. Lueie County International Airport. 2. The Board horeby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to exo::u:e the: agreement by approving it as to form and correctness. After motion and second, the vote on this resolution was as follows: Chairman Douglas Coward Vice-Chainnan Cliff Barnes Commissioner John Bruhn Commissioner Frannie Hutchinson Commissioner Paula Lewis , . Dee 13 01 10: 3Ðð FI-"PORT ~ 561 462 1718 'wi p.2 PASSED AND DULY ADOPTED this 18th day of December, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 '-' ...,.¡ FORM 725-030-06 PUBLIC TRANS? ADMIN 07/01 Page 1 of 12 STATE OF FLORIDA DEPARThtENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: Fund: DS FLAIR Approp: 088719 407382-1-94-01 FLAIR Obj.: 750004 (Item-segment-phase-sequence) Function: 637 Org. Code: 55042010428 Contract No: Federal No: Vendor No: VF 596000835030 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie Countv Board of Countv Commissioners hereinafter referred to as the AGENCY. WIT N ESE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6), Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: - 1.00 Purpose of Agreement The purpose of this Agreement is for Industrial Park Development and as further described in Extlibit(s) A. 8, C & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. '-' """'" FORM 72S-O;»œ PUBLIC TRANSP ADMIN 07/01 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "N attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, pennit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 2,200,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 1,100.000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work. program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (i&His not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage ti&1 (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in confonnity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. '-' ...., FORM 725-O:J(}.Q6 PIJ6LIC mANSP ADMIN 07/01 Page 3 of 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in confonnity with requirements established by Departmenfs program guidelines/procedures and "Principles for State and Local Govemments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been apPfOved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency wi1h respect to any item 'M'¡ich is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn, All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits, The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance wi1h the provisions or OMS Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the '-' ...., FORM 72&-030-06 PUBLIC TRANSP AOMIN 07/01 Page 4 of 12 requirements of 31 U.S.C.7501 et seq. Pursuant to OMS circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMS Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Govemor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. Ifthe Agency expends less than $300,000, this audit is not required and if the Agency 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. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal yea¡;, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency 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. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in intemal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agr.eement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department '-' "'wI FORM 725-030-06 PUBLIC TRANSP ADMIN 07101 Page 5 of 12 of Transportation, District Four, Public Transportation Office 3400 W. Commercial Slvd. Ft. Lauderdale, Florida, 33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real propeåy. 8.20 The Departmenfs Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out ofthe project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project: 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participatiOfl agreement which it has with the Agency aMng '-' -...I FORM 725-{)30-Q6 PUBLIC TRANSP ADMIN 07101 Page 6 of 12 such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department 9.00 Termination or Suspension of Project: 9.1 0 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to call)' out the actions required therein which may include any or all of the following: (1) nece!>sary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously. received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis ofterms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency orthe closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. '-' ""'" FORM 72s.œG-06 PUBLIC TRANSP ADMIN 07101 Page 7 of 12 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the canying out of any project, the Agency shalf not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or r;m materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Ad of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal govemment issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: '-' .....,¡ FORM 725-030.00 PUBLIC TRANSP ADMIN 07101 Page 8 of 12 "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Govemmental agency. 13.60 Interest of Members of. or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits. and will reimburse the Department for any loss incurred in connection therewith. 14.20 Deparbnent Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees thatthe project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the . useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment Ifthe Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. '-' 'wi FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 9 of 12 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the perlorrrnmce of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year, Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendeœd or agreed to be paid for in succeeding fiscal years. Section 339,135(6)(a). Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations cOl}ceming any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislafure. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a tenn for a period of more than one year, the provisions of Chapter 339. 135(6)(a}, Florida Statutes, are hereby incorporated: "(a) The \w "wIÎ FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 10 of 12 Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before October 31.2003 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted atter the 120 day time period will not be paid. 19.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. . 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of tv.to counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of. any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any 'funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agœement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,· in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency . 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. '-' -.."j FORM 725-OJC.œ PUBUC TRANSP ADMIN 07101 Page 11 of 12 If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792, 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in.excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, aná may not transact business with any public entity. '-' '-' FORM 725-03().{)6 PUBLIC TRANSP ADMIN 07/01 Page 12or12 Financial Project No. 407382-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT St. Lucie County Board of County Commissioners COMPTROLLER FUNDING APPROVAL DATE: BY: ATTORNEY DEPARTMENT OF TRANSPORTATION TITLE: DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) \wf ...,,¡ Fin. Proj. No.: 407382-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and PROJECT LOCATION: st. Lucie County Intemational Airport PROJECT DESCRIPTION: Industrial Park Development SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS SY DEPARTMENT: N/A "'" ...; Fin. Proj. No.: 407382-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners I. TOTAL PROJECT COST: $2,200,000 II. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In-Kind 0.00% $0 Cash 50.00% $0 $1,100,000 $0 Other Maximum Department Participation:** Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) 50.00% $1,100,000 $0 $0 III. TOTAL PROJECT COST: $2,200,000 **Funding Years: Fiscal Year 2001/2002 200212003 Committed $ $550,000 $550,000 Note: Per paragraph 17.10, The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature '-' ....." Exhibit C Page 1 of 2 Fin. Proj. No.: 407382-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners Documents required to be submitted to the department by the Agency in accordance with the terms of this agreement. SUBMITTAUCERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Agency Attomey's Certification Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Engineer Certification** Construction/Procurement Department Letter Safety Compliance (a) Department Review (b) Agency Certification Release for Notice to Proceed Department Letter Annual Audit Reports Agency Certification Completion Per Specifications Agency Certification * Plans, Specifications, Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 ** Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. '-' '-.I Exhib~ C Page 2 of 2 Fin. Proj. No.: 407382-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as ·plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation Projects · State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Uniform Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. '-' ....,.¡ FP No.: 407382-1-94-01 Contract No.: Agreement Date: EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners I. GENERAL a. These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. b. Upon acceptance of this Joint Participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project. but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. III. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: a. It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. b. It holds good title, satisfactory to the Department. to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. '-' ....., d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. e. It will make its airport available as an airport for public use on fair and reasonable terms. f. It will permit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. . g. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. h. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the spQnsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and \3) the location of all existing improvements thereon. ~ / ./ '-" ....., St. Luc'e Ccue~, INTERNATioNAL A" 'on FIorida's TreasiJreCo AGENDA REQù'LST ITEM NO. C- 10 - B TO: BOARD OF COUNTY COMMISSIONERS DATE: December 18,2001 REGULAR [ ] PUBLIC HEARING [ CONSENT [X ] PRESENTED BY: SUB\HTTED BY: Airport Paul Phillips SUBJECT: Approve the Williams Hatfield Stoner Work ,-\uthorization #17 for $350,610 for soil tests. sUl"\"eying, platting, wetland delineation, site design, access road, stormwater design, water & sewer design, permitting, signage, landscaping, lighting, and irrigation associated with the Industrial Park \Vest project at St. Lucie County International Airport. BACKGROUND: On March 28, 2000, the Board approwd the submittal of the St. Lucie County International Airport Joint Automated Capitallmprovernent Program to the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA), One of the projects submined for consideration for future year's funding from the agencies was the Airport Industrial Park \\'est. This project consists of construction of a 150 acre Industrial Park on the west side of the Airport that will ultimately create 2,000 additional jobs for the region. FUKDS A V AILABLE IN ACCT#: Funds will be made available in Airport Improvements other than Buildings account. (140-4220-563000) PREVIOUS ACTION: In March 2000, the Board approwd the funding request to the FDOT. In October 2001, the Board approved the funding for the project. RECOi\fi\fENDATION: Staff recommends that the Board of County Commissioners approve the Williams Hatfield Stoner Work Authorization #17 for 5350,610 for soil tests, surveying, platting, wetland delineation, site design, access road, stormwater design, water & sewer design, permitting, signage.landscaping, lighting, and irrigation associated \\ith the Industrial Park West project at St. Lucie County International Airport. CO.\lMISSION ACTION: [}ÌAPPROVED [ ]DENIED [ ]OTHER: ~ Reyiews & Approvals County AUOm'y~ OMB Originating Dept· Other: Finance:(Check ropy only, If apphcable) Purchasing Other: '-" """" Engineers' Planners· Surveyors· Enwonmenta! S<::entists ~ks t SISé,- "õô Williams, Hatfield & Stone~ Inc. 1826 Southeast Port St. Lucie Boulevard Port St. Lucie, Florida 34952 Telephone (561) 335-0300 Fax (561) 335-Œ:" Vv'VvW.whs~¡nc.com WORK AUTHORIZATION NO. 17 St. Lucie County Board of County Commissioners St. Lucie County International Airport Agreement No. C-98-06-592 INDUSTRIAL PARK WEST SOIL TESTS, SURVEYING, PLATTING, WETLAND DELINEATION, SITE DESIGN, ACCESS ROAD, STORMWATER SYSTEM DESIGN, WATER & SEWER DESIGN, PERMITTING, SIGNAGE, LANDSCAPING, LIGHTING, AND IRRIGATION WHS PROJECT #5135.17 Pursuant to that certain Agreement between County and Engineer for planning and development services at the St. Lucie County International Airport dated June 25, 1998, the Engineer agrees to provide the Scope of Services described in Exhibit "A" for the Compensation and Schedule described in Exhibit "8", IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ST. LUCIE COUNTY INTERNATIONAL AIRPORT ST. LUCIE COUNTY, FLORIDA BY: Print Name: Paul A. Phillips Airport Director DATE: APPROVED AS TO FORM AND CORRECTNESS County Attorney Witnesses: Engineer: Print Name: Stephen M. Harty, P.E. Williams, Hatfield & Stoner, Inc. Date: '-" '-' EXHIBIT "An St. Lucie County Board of County Commissioners St. Lucie County International Airport Agreement No. C-98-06-592 INDUSTRIAL PARK WEST SOIL TESTS, SURVEYING, PLATTING, WETLAND DELINEATION, SITE DESIGN, ACCESS ROAD, STORMWATER SYSTEM DESIGN, WATER & SEWER DESIGN, PERMITTING, SIGNAGE, LANDSCAPING, LIGHTING, AND IRRIGATION WHS PROJECT #5135.17 SCOPE OF WORK General Project Description: Williams, Hatfield & Stoner, Inc. (WHS) (herein referred to as ENGINEER), will provide (or sub-contract for) services for soil tests, surveying, platting, design and permitting services for Site Plan/geometric layout, paving & grading, access drive, wetland delineation, culvert crossings, stormwater management, water and sewer, landscaping, irrigation, lighting, and signage to St. Lucie County International Airport, (hereinafter referred to as COUNTY), for the proposed "Industrial Park West", (hereinafter referred to as IPW). Task No.1: Project Initiation and Data Collection 1.1 ENGINEER shall hold a "Kick-off' meeting with the COUNTY's representatives to discuss: · Conceptual Site Plan (by others) for the project · Soil Tests · Aerial Photographs (by others) · Surveying & Platting · Site Access · Site Design · Stormwater Management Design · COUNTY Design review process · Fort Pierce Farms Water Control District Permitting · State Wetland Permitting -, Florida Department of Environmental Protection (FDEP) · Federal Permitting - U. S. Army Corps of Engineers (USACOE), Environmental Protection Agency (EPA) · Water & Sewer · Landscaping & Irrigation · Lighting · Signage · Project Schedule S:\PROJECTS\5135\5135.17\westindpkWA.doc Williams, Hatfield & Stoner, Inc. ~ ....., 1.2 COUNTY shall provide, to ENGINEER, aerial photographs with elevations, existing plats, boundary surveys & deeds, right-of-way maps, utility as-builts and recent title-work for properties contiguous to, and within, the proposed industrial park boundaries, COUNTY shall provide easement descriptions for all encumbrances within the proposed park boundary (as available). COUNTY shall provide applicable right-of-way (ROW) information for Indrio Road, Kings Highway, Taylor Dairy Road and St. Lucie Boulevard (as applicable). 1.3 The COUNTY shall provide all locations of underground utilities in the corridor of the proposed water and force mains and necessary details about the water main connection to the Holiday Pines Water Treatment Plat and the force main connection to the system which services the airport terminal. 1.4 ENGINEER shall contract for and coordinate soil testing to provide standard penetration, hand auger and hydraulic conductivity tests, as specified by the ENGINEER. The tests shall consist of the following: · Twelve (12) Standard Penetration Tests (SPT's) (between 10 and 20 feet below grade) · Five (5) Falling Head Exfiltration Tests · Twenty five (25) hand auger borings to 6 feet in depth · Written report and recommendations Task No 2: Topographic and Right-of-Way Survey 2.1 ENGINEER shall prepare a boundary survey of the IPW (155 Acres Approx.). The survey shall meet the minimum technical standards of the State. Survey will reflect easements and encumbrances based on documentation provided by COUNTY. ENGINEER shall retrace and confirm boundary and Monumentation as previously established by the St. Lucie County Survey Department. ENGINEER shall utilize Global Positioned network established by COUNTY for vertical and horizontal (state plane coordinate conversion) control. 2.2 ENGINEER shall perform a topographic survey, consisting of: · Ground elevations as needed to confirm the aerial topographic survey provided by the County and at supplemental locations to determine the surface water gradient on the IPW site. · Significant grade breaks. · Above ground improvements (ie: FPL Line, wells, structures, etc). · Below ground improvements will not be located unless marked on the ground by the Utility or "No-Cuts". · The outline of large groups of trees shall be delineated throughout the IPW site. Individual trees will not be identified. · COUNTY tree protection standards are not needed for the water and force main routes. · Four (4) cross sections of the Fort Pierce Farms Water Control District (FPFWCD) ditch (west of site along west side of Taylor Dairy Road). · Upstream and downstream culvert sizes and inverts. · Taylor Dairy Road ROW from centerline of roadway at the intersection of the proposed access drive at three (3) locations. · Ground elevations, significant grade breaks and large individual trees for the proposed entrance road area from Kings Highway to the proposed IPW area. Identification of the S:\PROJECTS\5135\5135.17\westindpkWA.doc Williams, Hatfield & Stoner, Inc. '-" -...I Kings Highway ad Tayllor DairylSt. Lucie Blvd. ROW in the vicinity of the proposed access drive. · Below ground improvements will be field located where marked on the ground by the Utility or "No-Cuts". · As-built or design information of the subject ROW, provided by the COUNTY, will be included on the survey base drawings. · Elevations and above-ground improvements from the apparent edge of right-of-way every 100 feet adjacent to road ROW . · Elevations, (alignment as directed by the COUNTY) and aboveground improvements for the force main route between the IPW north entrance and the airport terminal (approx. 3/4 miles). · Identify a preliminary utility corridor and relocate utilities as needed to avoid tree/wetland impacts as is practical. Task No.3: Protected Species Survey, Wetland Delineation, and Environmental Impact Report 3.1 ENGINEER shall inspect the site for the presence or signs of any wildlife listed as protected by state or federal agencies and update the Threatened or Endangered Species survey performed by Greiner in 1996. If listed wildlife species are found, an additional scope of services will be provided to address relocation, mitigation, or management. 3.2 ENGINEER shall prepare a brief report discussing any proposed impacts to protected natural resources, in accordance with the St. Lucie County Land Development Code. 3.3 ENGINEER shall review soils mapping, wetlands (approximations from National Wetlands Inventory (NWI) maps) and cover types from the available COUNTY maps to determine approximate wetland limits. 3.4 ENGINEER shall coordinate with United States Fish and Wildlife Service (USFWS) and Florida Game and Freshwater Fish Commission (FGFFC) to request letter regarding documented occurrence or likelihood of occurrence of protected wildlife. 3.5 ENGINEER shall mark limits of wetlands on site (assume one wetland area based on preliminary map review) using uniquely numbered "Wetland Delineation" surveyor tape to meet requirements of Florida Department of Environmental Protection (FDEP) and/or South Florida Water Management District (SFWMD). ENGINEER shall map approximate flagged limits on County 1 "=200' scale blueline aerials. 3.6 ENGINEER shall submit written requests to FDEP to meet on site to review marked wetland limits (if needed). Request will include location map, aerial photos with approximate wetland limits, soils maps, and brief description of project area. ENGINEER shall meet on site simultaneously with U.S. Army Corps of Engineers (USACE) and FDEP or SFWMD representatives to review wetland lines and adjust flags as needed in field. 3.7 ENGINEER shall survey the agency approved wetland limits and provide a signed and sealed copy of the survey to the regulatory agencies for their confirmation. S:\PROJECTS\5135\5135.17\westindpkWA.doc Williams, Hatfield & Stoner, Inc. -' ~ ...., Task No.4: Site Plan Design and COUNTY Review 4.1 ENGINEER shall augment the COUNTY's Conceptual IPW Site Plan (by others) based upon the approximate property boundaries, wetland avoidance or minimization of impact, access, existing easements, approximate taxi-way locations (if any), conceptual water and sewer utilities, conceptual stormwater management design, and minimum 5 acre lot sizes. The Site Plan will be prepared to meet the requirements of the St. Lucie County Land Development Code. 4.2 ENGINEER shall hold pre-application meetings with Ft. Pierce Farms Water Control District (FPFWCD) and South Florida Water Management District (SFWMD) to discuss and review the preliminary Site Plan. One meeting with FPFWCD and SFWMD are included for this task. 4.3 ENGINEER shall finalize the Site Plan (based upon regulatory and COUNTY comments) and provide COUNTY with ten (10) copies and a reproducible for the COUNTY's use. Task No.5: IPW: Platting, Paving, Grading & Drainage Plans, Water & Sewer Plans 5.1 ENGINEER shall prepare preliminary and final plat per requirements found in Chapter 177 of the Florida statutes for the IPW Master Site Plan. Each individual tract will be responsible for their own Site Plan and Modification to the Master Site Plan, ENGINEER will monument the IPW and provide permanent control points and permanent reference monuments where necessary. 5.2 ENGINEER shall prepare 30% and 60% Paving, Grading, and Drainage (PG&D) plans for COUNTY review prior to submitting the 90% Plans for review and permit purposes. The Final 100% plans (IPW master drainage system) will be provided to COUNTY for bid purposes after one review by the regulatory agencies. The plans will include the canal crossings, roadway drainage and entire IPW stormwater conveyance and attenuation system(s). This "IPW Master Drainage System" will be based upon an assumed ratio of pervious to impervious area. Requirements established by SFWMD (attenuate runoff from the 25 year, 3 day storm event) and/or FPFWCD will apply. Note: Each individual tract will be responsible for its own site-specific on-site drainage connections into the IPW Master Drainage System as a part of, and at the time of, their site development. Each individual tract will provide (for regulatory review) on-site grading and water quality treatment (retention of approximately one (1) inch of runoff) and tie into the IPW Master Drainage System to provide flood control. 5.3 ENGINEER shall prepare 30% and 90% on and off site water and sewer plans for COUNTY review. ENGINEER shall submit the 90% plans for permit purposes. The Final 100% plans will be provided to COUNTY for bid purposes after one review by the regulatory agencies. The plans will include water and sewer piping, lift station and force main within the IPW. The connection of the IPW water and sewer facilities to the proposed water and sewer lines are to be installed along the north boundary of the IPW. Note: Each individual tract will be responsible for its own site-specific on-site water and sewer connection into the IPW water and sewer system (in IPW road ROW) as a part of, and at the time of, their site development. S:\PROJECTS\5135\5135.17\westindpkWA.dac Williams, Hatfield & Stoner, Inc. '-' ...,.¡ Task No.6: IPW: Regulatory Review by St. Lucie County (SLC) 6.1 ENGINEER shall provide COUNTY with application for St. Lucie County Development Review. Included are two (2) responses to COUNTY's "Request for Additional Information" (RFI). Application fees are not included. 6.2 ENGINEER shall provide FPFWCD with application for drainage connection. Included are two (2) responses to FPFWCD "Request for Additional Information" (RFI). Application fees are included. 6.3 ENGINEER shall prepare Environmental Resource Permit (ERP) application for the Army Corps of Engineers (ACOE) and South Florida Water Management District (SFWMD) as a part of other on-site projects. The ERP is not included in this scope of services. Task No.7: Department of Health and Florida Department of Environmental Protection (FDEP) Permitting of Water & Sewer Plans 7.1 ENGINEER shall design for and prepare permit application to COUNTY, Health Department and FDEP for the design of the water and sewer plans, and lift station. No plant work is included. The design will be submitted to St. Lucie County Utilities for review of 30%, 60%, and 90% plans. Final plans (100%) will be provided in a reproducible format. Permitting will commence at the 90% stage. Two (2) responses to a Request for Information (RFI) are included. Application fees are included. Task No.8: IPWand Roadway Access Landscaping, Irrigation, and Signage 8.1 Preparation of conceptual plans indicating landscape treatment, signage, lighting, and special treatment areas (entry, berming, lakes, etc.) to provide general overview of improvement proposed. Meetings with client and County staff to review initial concept, with additions or modifications made to plans for final conceptual plan approval. 8.2 Preparation of the following preliminary construction drawings: · Landscape plan for entrances, streetscape and common areas · Irrigation plan for all landscape areas · Lighting plan indicating fixture specifications, and locations. · Major identification signage for project. · Preliminary Construction Cost Estimates for Proposed Improvements. · Meetings with client and County staff to review preliminary drawings and budget. 8.3 Preparation of final drawings and specifications for landscape, irrigation, lighting and signage. Drawings will be prepared for bidding and installation by licensed contractors. Task No.9: Bid Documents, and As-Built Certifications 9.1 ENGINEER shall prepare one hard copy of bid and technical specifications and one electronic and sets of construction plans for the COUNTY's use in bidding the project. 9.2 ENGINEER shall provide certifications of water and sewer installations based upon site inspections and Certified As-Built SurveyslTests, witnessed by the ENGINEER and provided by S:\PROJECTS\5135\5135.17\westindpkWA.doc Williams, Hatfield & Stone~ Inc. '-" ..., the CONTRACTOR 9.3 COUNTY Surveyor shall provide easement descriptions and sketches for dedication of water and sewer facilities to the COUNTY Utility (as needed). 9.4 An electronic copy of the as-built plans (in Autocad 14) and specifications (MSWORD) will be provided to the COUNTY. 9,5 ENGINEER shall provide certifications of stormwater management system, and water and sewer installations based upon site inspections (under separate scope of work) and Certified As-Built SurveyslTests, witnessed by the ENGINEER and provided by the CONTRACTOR. Assumptions/Additional Services: 1. Amending or updating the Airport's Master is not included. 2 Water and wastewater connection locations (Holiday Pines & Airport Terminal) will be made available by St. Lucie County Utilities. 3, The traffic study prepared by Greiner in 1996 will be adequate to obtain Site Plan approval. 4. Mitigation plans/permitting will not be needed (and are not expected). 5. Permit fees are estimated for the water and sewer main extensions, based upon a per foot cost. For this reason, they are subject to a potential increase or decrease. 6, Permitting and regulatory agency coordination not specifically noted herein is not included, 7. Survey of wetlands includes only one wetland area as depicted on COUNTY maps and each canal crossing proposed in the Conceptual Site Plan. 8. Coordinates will be based on State Plane grid coordinate system, English units. 9. Since the COUNTY owns the property, right-of-way dedication will not be required. 10. The survey will be limited to the access drive, 155 acre IPW site (Approx.) and the taxiway extension. 11, Base mapping will be done to scale of 1 :50. 12. Intersection improvements will be limited to a deceleration lane and right turn lane off of St. Lucie Boulevard and Kings Highway. No additional roadway improvements outside of IPW are included. 13. Re-zoning is not needed, 14. Survey of soil test locations not included. 15. Structure (manhole) invert elevations will be obtained, no confined space entry included. 16. St. Lucie County Master Plan Approval has been completed (by others). 17. Well permit for irrigation will be obtained by irrigation contractor. 18. ENGINEER shall prepare Environmental Resource Permit (ERP) application for the Army Corps of Engineers (ACOE) and South Florida Water Management District (SFWMD) as a part of other on-site projects. The ERP is not included in this scope of services. 19. ENGINEER shall not provide construction observation services under this scope of work. 20. Title Searches will be supplied by COUNTY. S:\PROJECTS\5135\5135.17\westindpkWA.doc Williams, Hatfield & Stoneç Inc. \w ...¡ EXHIBIT "B" WORK AUTHORIZATION NO. 17 St. Lucie County Board of County Commissioners St. Lucie County International Airport Agreement No. C-98-06-592 INDUSTRIAL PARK WESt SOIL TESTS, SURVEYING, PLATTING, WETLAND DELINEATION, SITE DESIGN, ACCESS ROAD, STORMWATER SYSTEM DESIGN, WATER & SEWER DESIGN, PERMITTING, SIGNAGE, LANDSCAPING, LIGHTING, AND IRRIGATION WHS PROJECT #5135.17 COMPENSATION & SCHEDULE Task No. Description Lump Sum Cost Schedule (weeks from NTP) 1. Project Initiation and Data Collection ...................... $ 14,210........................2 weeks . (Kickoff Mtg, Utility & Survey Info" Soil Tests-Dunk. Eng. & Testing) 2. Topographic, Right-of-Way & Base Map Survey..... $ 56,860......................10 weeks 3. Protected Species Survey, Wetland Delineation, and Environmental Impact Report ....... $ 8,420........................6 weeks 4. Site Plan Design and County Review...................... $ 14,280......................10 weeks 5, IPW: Paving, Grading & Drainage $ 28,940 23 weeks Water & Sewer Design & Permitting ....................... $ 42.400......................23 weeks Platting..,................................................................. $ 16.500......................15 weeks 6, IPW Stormwater Regulatory Review by St. Lucie County (SLC): ...................................................,...... ...... ............... $ 6,200......................32 weeks 7. Department of Health and Florida Department of Environmental Protection (FDEP) Permitting of Water & Sewer..... $ 111,100......................32 weeks 8. IPW and Roadway Access Landscaping, Lighting, Irrigation and Signage $ 37,500 32 weeks S:\PROJECTS\5135\5135.17\westindpkWA.doc Williams, Hatfield & Stone~ Inc. '-'" -...I 9. Bid Documents and As-Built Certifications.,......... $ 8,200 ..............................TBD Direct Expenses: FDEP Permit Application Fees SFWMD ERP Application Fee $2,000 $2,000 ......................................,...........................,. TOTAL LUMP SUM $ 348,610 Reimbursable Expenses: ie: Document Reproduction, etc. (COUNTY to pay only for expenses incurred) * Soil tests during construction (density tests, etc,) to be paid for by the Contractor. COUNTY will select an independent soil testing firm that is directed by the Resident Project Representative (RPR). An "Allowance" for the costs for the tests will be included in the "Bid Form" and will be based upon the assumption that each test will pass. All tests that do not pass will be the responsibility of the CONTRACTOR and will not be applied toward the "Allowance". Included in the Bid Documents) S:\PROJECTS\5135\5135.17\westindpkWA.doc Williams, Hatfield & Stoner, Inc. .,,,,/" '-" ...,.¡ St. Lucie County INTERNATIONAL AIR ôn Florida 'sTreåsûriicôiJst' AGENDA REQUEST ITEM NO. C - 10 - C DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] PRESENTED BY: Paul Phillips TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Authorize the Airport staff to upgrade the Airport Noise Program Intern from an on-going temporary, position at pay grade 9 for $9.47 per hour to a part-time position with limited benefits to assist in the implementation of the noise abatement procedures at St. Lucie County International Airport. BACKGROUND: As the airport continues to grow, noise generated by aircraft using the airport becomes a growing concern. Continuous education about the measures outlined in the attached Noise Abatement Procedures and Limitations brochure developed for the airport is necessary for the successful implementation ofthese procedures. The airport is currently being used for training by over 700 students on the Treasure Coast. As these students graduate, they become the flight instructors for the next influx of students until they log enough flight time to become pilots for airlines. Without continuous education and reminder, the noise abatement training becomes lost over a very short period of time, This agenda item is to upgrade the Airport Noise Program Intern from an on-going temporary position to a pennanent part-time position with benefits position. As you know, Al Finster, the Airport Noise Cop has been doing an admirable job dealing with the complex issues dealing with noise abatement. Since:tv1r. Finster has been employed as the Airport Noise Cop for almost six months, Federal regulations require the Airport to establish the position as a pennanent part-time with benefits. FUNDS AVAILABLE IN ACCT#: Funds are available in the Airport salary account. (140-4210-512000- 400) due to current vacancies at the Airport. PREVIOUS ACTION: nJa RECOMMENDATION: Staff recommends that the Board authorize the Airport staff upgrade the Airport Noise Program Intern from an on-going temporary, position at pay grade 9 for $9.4 7 per hour to a part-time position with limited benefits to assist in the implementation ofthe noise abatement procedures at St. Lucie County International Airport and Position Reclassification RC02-025. Reviews & A rov s County Attorney: Originating Dept: Finance:(Check fì OMB f¡¿iJ'1rJr;f~purchaSing Other: Other: Copy only, if applicable) COMMISSION ACTION: fc]APPROVED [ ]DENIED [ ]OTHER: - f N e e N I .... ene a::~ Wa:: Z<c Qw en> en..! -<C :Eo :Een 0- OLL..... >o::q I-Oeo ZLL.,,";" ::JI-N oen.... OW.· LL.::JW oO!;;( eWe 0:: a:: <CZ<C OO~ a:q: W >-<Cc:I I-O<C z- ::J!:!:: Oen O~ w..! -0 Ow 30:: 'z ~o I- en o 0.. I- U « c.. ~ I- UJ C> c ::> rn ~ U) ~ c UJ C Z UJ :E :E o U UJ It: c UJ l- I/) UJ ::> " UJ It: c UJ > o It: c.. c.. « f- a:: o Q a:: q: ¡:.: z UJ :E ~ « c.. UJ c ü.i ...I I- ¡:: Z o ¡:: ¡;,¡ o '-' ~ ffi 8 r5 ~ a:: IX) 0) Q a ~ ~<:t!: æ õ~~O)~ <: r-:::¡ C'I tt~§: 6 ~ ~ ~ a:: <: c) - ¡::: "'""' .q: f- ~ a:: a: (!) "- o C'I 2: ~ ~ ~ <: t!: ~- õa::~O)~ <:t!:¡:: f- ~ f- ~ a:: Q a: a:: q: Q 0) C!) ~ C'I N ..... ~ 't-" ,.... ~ ... <0 <0 N ~ ~ ~ C'I" £i ~. ..... V7 ~ ~ ... <0 "- t") C") It) C!) C") Q t") C\Ì .....- co) ..... ~ ~ ~ ... C'I C") c:) Q ..... 0' .... ~ ü.i UJ ü.i c C> cii c « Z >- I- Olt:«~ü:.:.¡ UC>It:«UJ« ~ ~ ~ ~ ffi b ...., c.. c.. I/) rn I- '" C) 0>:S ·s ø è5 .E: C) ::! 1:) tr CI) ~ ~ CI) CI) c:: CI) .Q '~ ~ .92 ::! .c:: 0.. 0> ~ § ~ I:: 0 ~ .Q C) ~ :t: :S Q) ¡g .c:: lJ.. 0.."'" C) ~ CI)" E: 0>:S :¡:; .S § -t: (¡j E: en () 0.. 1:) .~ _ .Q CI) ~ .~ (;) c:: () 0 en :Q .§ E ~ en , "- "- ~E:02 en "g 0.. o c:: 0 ...... en Ü c:: 0> () .Q c:: CI) ~ "- "õ ¡g .g <: 0.. c:: 1::: ç C) 0 ~ .8.§- . o CI) 0;( .:2 g. en () t;::: '" .c:: .c:: () () ~ ...... c:: ...... 0 CIJ Q) o>üen.Q .S () 1:) :§ &.~ ~ ;;: I 0 0 () §<:"Q.E: 1::: E: :¡:; 15 0 () --t: "" e- c:: en '" '- () 0.. e 0;( () .... "" () .Q c:: E:SCI)¡g () ~ ~ en 'EQ) E -(¡j(sl...; E: .c:: Ìij ~ ~ II: .c:: en 0> - ü: '^ O 0;( v, a: ~- ~ ~ Q) 0 Q) .Q .~ ~ (,) :¡¡¡ ~5~2. 1::: :>... . Q) OCl)c::S e-o;(()~ '- E:- z 0;( t:: () .!!2 o.,¡g:.Q(¡j:Q I--;:;::..a-S ~ () ¡g en ~ U 1:) 0.. Cb ü: ~ CI) .~ -E -1-0>i!::!21::: Q..Q)-O ~ ~ á5 :§ .§- .,~.Q;;: Q Q '<I' I Q Q Q C") ..... LO I Q ..... C'I '<I' I Q '<I' ..... ~ f- <: :::;¡ o ü ü .q: LO C'I Q , C'I Q ü a:: :it " UJ It: I/) I/) « ...I U UJ It: ." '-' """ AGENDA REQUEST ITEM NO. C - 11 DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department william R. Blazak SUBJECT: North Hutchinson Services Agreement of Purchase and Sale Closeout Agreement. Staff requests that the Board authorize the payment of $575,257.00 to Dodi Development, LLC. In advance of available public financing. FUNDS AVAIL: 449-3600-549930-300 PREVIOUS ACTION: BOCC Approved the Closeout Agreement and the amount of the payment at a regular meeting on August 14, 2001 RECOMMENDATION: Staff recommends that the Board authorize the advance payment to Dodi Development LLC'f in the amount of $575,257.00 consistent with the Agreement as previously prepared by the County Attorney. County Attorney:X Coordination/Siqnatures 4'.;1 f'Îli V /7 Mgt. & BUdget:v/l¡/IJ0j I CE: COMMISSION ACTION: [X ] [ ] APPROVED OTHER: DENIED nderson y Administrator Purchasing Other: if applicable)____ Other: Eff. 5/96 '-' ""'" BOARD OF COUNTY COMNUSSJON€RS UT¡UT~ES . DEPARTMENT WilLIAM ßLAZA,f\ DIP-EGOr. MEMORANDUM TO: Board of County Commissioners I ".(...j William Blazak, Utility Director '\;\10' (; FROM: DATE: December 18, 2001 RE: North Hutchinson Services - Agreement of Purchase and Sale Closeout Agreement BACKGROUND: Staff is currently working with our consultants and bond counsel to finalize the necessary financing to accommodate capital improvements at North Hutchinson Island WWTP and payment of the Closeout Agreement with Dodi Development LLC, The financing is expected to be complete the last week of December or possibly the first week of January 2002 which may cause some difficulty to distribute funds to Dodi Development LLC by December 31, 2001, as stated in the Agreement. Staff and our utility consultants recommend that Dodi Development LLC be paid out of cash reserves of the District and when the public financing is completed the reserve fund be replenished by the amount that was paid to Dodi Development LLC. There is no reason to expect that the financing will not be completed but a timing issue with the end of the year and the holiday season. RECOMMENDA nON: Staff recommends that the Board approve the payment of$ 575,257,00, from cash reserves of the District, in advance of public financing to Dodi Development LLC,. JOHN D. ß~UHN, District NO.1' DOUG COWARD, DIStrict No.2' PAULA A LEWIS, DIStrict No. :) . FRANNIE HUTCHINSON, District No.4' CLIFF ßA~NES, DiStrict No 5 County Admhîlstrator - Douglas M. Anderson . 2300 Virginia Avenue ~ Fort Pierce, Fl 34982 ~ Phone (561) 462-1150 · FAX (561) 462-1153 '-" '....I NORTH HUTCHINSON SERVlCES AGREEMENT OF PURCHASE Ai'fD SALE CLOSEOUT AGREEMENT (' ..f--. THIS CLOSEOUT AGREEMENT is entered into as of this j,: day of ¡-1r<..',,~~, 2001, J between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter called the "County") and DODI DEVELOPMENTS, LLC., an Illinoislimited liability company, the successor and assign to North Hutchinson Services, a Florida General Partnership (hereinafter called "DDL"). Recitals The County and North Hutchinson Services entered into an Agreement for Purchase and Sale dated May 19, 1992 to acquire certain utility systems, and an Addendum No.1 to Agreement of Purchase and Sale, dated May 19, 1992 (hereinafter collectively referred to as the Purchase Agreement"). The County approved the Purchase Agreement at a public hearing pursuant to the requirements of Section 125.3401, Florida Statutes. The Purchase Agreement imposed certain post-closing obligations on both parties, which the parties desire to reconcile and resolve in this Closeout Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the County and DDL agree as follows: 1. Recitals. All the foregoing Recitals are true and correct and are incorporated as part of these Terms and Conditions. 1 '-" """" 2. Satisfaction of County and DDL Obli~ations. The County shall pay DDL the net sum of $575,257.00 (the "Net Payment") at the Closing of this Closeout Agreement. The Net Payment by the County shall be in full and complete satisfaction of the County's obligations to DDL under and arising out of the Purchase Agreement and in full and complete satisfaction of DDL's obligations to the County under and arising out of the Purchase Agreement. An allocation of the Net Payment to the various obligations of the County and DDL is set forth on Exhibit "A" to this Agreement. 3. No further payments or benefits. Both the County and DDL acknowledge and agrees that, other than the Net Payment set forth in paragraph 2 above, no further compensation or benefits or other monies are owed by the County to DDL or by DDL to the County under or arising out of the Purchase Agreement 4. Release of the County.. DDL, its successors and assigns, first party, hereby releases, discharges and covenants not to sue the County, its County Commissioners, officers, employees, and agents, and affiliated entities, second party, from and for any and all claims, demands, damages, lawsuits, obligations, promises, administrative actions, charges and causes of action, both known or unknown, in law or in equity, of any kind whatsoever, which first party ever had, now has, or may have against second party, for, upon or by reason of any matter, cause or thing whatsoever, up to and including the date of this Closeout Agreement, including but not limited to any and all claims and causes of action related to or arising out of the Purchase Agreement, and any lawsuit founded in, contract (oral, written or implied) or any other common law or equitable basis of action. 5. Release ofDDL. The County, its successors and assigns, second party, hereby releases, discharges and covenants not to sue DDL, its successors and assigns, first party, from 2 '-' ""'" and for any and all claims, demands, damages, lawsuits, obligations, promises, administrative actions, charges and causes of action, both known or unknown, in law or in equity, of any kind whatsoever, which second party ever had, now has, or may have against first party, for, upon or by reason of any matter, cause or thing whatsoever, up to and including the date of this Closeout Agreement, including but not limited to any and all' claims and causes of action related to or arising out of the Purchase Agreement, and any lawsuit founded in, contract (oral, written or implied) or any other common law or equitable basis of action. 6, Invaliditv. If any provision of this Closeout Agreement is invalidated by a Court of competent jurisdiction, then all of the remaining provisions of this Closeout Agreement shall remain in full force and effect, provided that both parties may still effectively realize the complete benefit of the promises and considerations conferred hereby. 7. Construction. The parties acknowledge that each party has reviewed and revised this Closeout Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Closeout Agreement. 8. Entire A~reement. This Closeout Agreement constitutes the entire agreement between the parties hereto with respect to the matters set forth herein and supersedes in its entirety any and all agreements or communications, whether written or oral, previously made in connection with the matter herein. This Closeout Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. All interpretations shall be governed by the laws of the State of Florida. This Closeout Agreement shall be interpreted as a whole unit and section headings are for convenience only. 3 '-" """ 9. DDL Re1;)resentation and Warranty. DDL represents and warrants to the County that DDL is the successor and assign of North Hutchinson Services to the Purchase Agreement and that DDL has full power and authority to enter into this Closeout Agreement as successor and assign of North Hutchinson Services. 10. Closine: Date and Closinl! Continl!ency. The County anticipates funding the Net Payment by issuance ofa public financing. Accordingly, the County's obligations under this Closeout Agreement are contingent upon the County successfully completing the cont,emplated public financing. In the event that the County does not complete the contemplated public financing by December 31, 2001, then this Closeout Agreement shall be terminated, in which event the parties shall be relieved of all further obligations hereunder, and the Purchase Agreement shall remain effective. In the event that the County sucçessfully completes its contemplated public financing, or waives the public financing contingency in writing, then Closing on this Closeout Agreement shall take place on ,2001, (the "Closing Date") at the offices of the County Attorney, or such other location as agreed to between the parties. 11. Mediation. Prior to initiating any litigation concerning this Closeout Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County, Florida. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. Each party shall bear its own attorneys fees and costs. 4 '-' -...I 12. Venue. In the event it is necessary for either party to initiate legal action regarding this Closeout Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in Federal Court. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year set forth above: SIGNATURE PAGE TO FOLLOW 5 \.r' ATTEST: County Clerk APPROVED AS TO FOR1\1 AND CORRECTNESS County Attorney A TrEST: I (7/ í":-J / "/ By. / I,-L'-I" lI0-'0<.V~", 0-.- tv ~ "7 Its: /;:.,( f1Li!j uJ.fJ(JT ~.! ~D U'</1', -v Go ..., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY By: Chairman Dom DEVELOPMENTS, LLC, an Illinois Limited Liability Company, J 11 By: 'L... -~ '~I J,- Its: /~ tJ:JtíillÌ I//<. (? ¡J'/1£/i) f::,'v r 6 Exhibit "A" -S\.,.o.UCE COUNT"! UTJLJTJES 'wi SUJlJlililARJZAT]ON OF AhlOUNTS DUE BASED ON THE SETTLEMENT AGREEllilEj\IT EETNEEj\j DODj DEVELOP~J1ENT LLC (NO. HUTCHJNS:ON UTJL1T1ES) AND ST. LUCŒ UT]UT]ES No. Hutchinson utilities present value of futures contract ( per attached schedule) $571 ,406 Hibscus force main connections, 81 ERG's at $275 per ERG currently due 22,275 Land purchase for plant expansion per purchase and sale agreement settlement price 40,000 Sub-Total $633,681 Less: Queens Cove Development prepaid connection fees 64 lots at $741 $47,424 Agreed consultant fees , , ,j , 11,000 Sub-Total Net due Dodi Development LLC $58,424 $575.257 -7- 12/14/01 P'7~WARR FUND TITLE 145 Mosquito Fund '-" ''WI ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #11- 08-DEC-2001 TO 14-DEC-2001 FUND SUMMARY- MOSQUITO EXPENSES 3,891.31 GRAND TOTAL: 3,891.31 PAGE 1 PAYROLL 0.00 0.00 '-ršT. LUCIE COUNTY 'wi 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 December 11, 2001 1. MINUTES Approve the minutes of the meeting held November 20, 2001. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1 , WARRANTS LISTS Approve Warrants List NO.8 through No. 11 2. COUNTY ATTORNEY Pepper Park Addition / Option Agreement for Sale and Purchase - Consider staff recommendation to approve the agreement for Parcel F, authorize the Chairman to execute the agreements, and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. 3. MOSQUITO CONTROL Acceptance of Contribution from Angler's Cove to Perform Environmental Mitigation Requirement - Consider staff recommendation to accept the $3,800 contribution to fund installation of a corrugated aluminum culvert pipe in Impoundment 9, approve Budget Resolution No, 01-05, and authorize the Chairman to execute the budget resolution. J\OTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken b;y the Board at these meetings will need a reL'urd ufthe proceedings and for such purpose ffillY need to ensure thata verbatim record of the proceedings is made. Upon the request ohoy party to 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 testif)'ing during a hearing upon requesl. Anyone with a disability I'"cquiring accommodation to attend this meeting sbould contact tbe St. Lucie County Community Services Manager at (56!) 462·1777 or TDD (561) 462-1428 at least forty-eight(48) houn prior to the meeting. '-' -...I 11/21/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR WARRANT LIST #8 - 17-NOV-2001 TO 21-NOV-2001 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 5,970.35 GRAND TOTAL: 5,970.35 PAGE 1 PAYROLL 24,453.35 24,453.35 ........ ...".¡ 11/30/01 ST. LUCIE COUNTY - BOARD DATA P"'DJ3WARR WARRANT LIST # 9- 22-NOV-2001 TO 30-NOV-2001 FUND SUMMARY - MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 11,211.04 GRAND TOTAL: 11,211.04 PAGE 1 PAYROLL 0.00 0.00 '-' '-' 12/07/01 ST. LUCIE COUNTY - BOARD DATA FZZl.BWARR WARRANT LIST #10- 01-DEC-2001 TO 07-DEC-2001 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 5,358.70 GRAND TOTAL: 5,358.70 PAGE 1 PAYROLL 26,483.20 26,483.20 '-' AGENDA REQUEST ....,¡ ITEM NO. C-2 DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: MOSQUITO CONTROL DISTRICT PRESENTED SY: SUBMITTED SY (DEPT.): County Attorney Daniel S. Mcintyre County Attorney SUBJECT: Pepper Park Addition / FCT Project 99-001-P9A Option Agreem ent for Sale and Purchase Parcel F - Jackson et al Tax 1.0. No. 1423-802-0003-000/5 FCT $69,669.20 SLC $6,330.80 BACKGROUND: Please see attached mernorandum FUNDS AVAilABLE: Funds are available in 145201-6230-561000-465015 (Land - FCT - Pepper Park Addition) and 145201-6230-561002-465015 (Land - Abstract & Title - FCT - Pepper Park Addition) PREVIOUS ACTION: August 24, 1999 - Received Soard of County Commission authorization to submit Grant Application to Florida Communities Trust for the purchase of the Pepper Park Addition Project. October 12, 1999 - Received Board of County Commission approval of the Conceptual Approval Agreement with Florida Com munities Trust to purchase the Pepper Park Addition Project and authoriz ation to purchase Parcel G. September 12,2000 - Board of County Commission approved the Pepper Park Addition Grant Award Agreement. September 18, 2001 - Board of County Commission approved the Option Agreement for Sale and Purchase for Parcels 1, 2, 5, 8, 10 and 12. September 25,2001 - Mosquito Control District approved the Option Agreement for Sale and Purchase for Parcels 1,2,5,8,10 and 12. November 13, 2001 - Board of County Commission and Mosquito Control District approved the Option Agreement for Sale and Purchase for Parcels 3, 4 and 9, RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Sale and Purchase of Parcel F highlighted in orange on the attached map, authorize the Chair to execute the Agreement and direct staff to close the transaction and record the docum ents in the Public Records of St. Lucie County, Florida. Review and AODr~ [XX] Mosquito Control:~ [ ] County Engineer: glas nderson nty dministrator (XXI OMS: rJ!i ~rv&t [ ]Road&B ge: COMMISSION ACTION: ~] APPROVED [ ] OTHER: 4-0 [ ] DENIED IXX] County Attorney: ~.. ( ] Originating D epL Finance: (Check for Copy only, if applicable) Elf. 5/96 G:IACQ\WP\YVONNEIMOSQUITOIPEPPERPAlAgenda 121801 Mos quito Control.wpd '-'" "-" MEMORANDUM TO: Mosquito Control District FROM: Daniel S. Mcintyre, County Attorney DATE: December 18,2001 SUBJECT: Pepper Park Addition 1 FCT Project 99-001-P9A Option Agreem ent for Sale and Purchase Parcel F - Jackson et al Tax 1.0, No. 1423-802-0003-000/5 FCT $69,669.20 SLC $6,330.80 On August 24, 1999, the Soard of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for the purchase of the Pepper Park Addition Project. On October 12,1999, the Soard of County Commissioners approved the Conceptual Approval Agreement with Florida Communities Trust (FCT) for the purchase of twelve (12) parcels within the Pepper Park Addition Project. This project will receive 91.67% or $550,000 from FCT and 8.33% will be provided from the Mosquito Control Land Acquisition Fund at a cost of $50,000.00. September 12, 2000 - Soard of County Commission approved the Pepper Park Addition Grant Award Agreement. September 18, 2001 - Soard of County Commission approved the Option Agreem ent for Sale and Purchase for Parcels 1, 2, 5, 8,10 and 12. September 25,2001 - Mosquito Control District approved the Option Agreement for Sale and Purchase for Parcels 1,2,5,8,10 and 12. November 13, 2001 - Board of County Commission and Mosquito Control District approved the Option Agreement for Sale and Purchase for Parcels 3, 4 and 9, The above referenced parcel is highlighted in orange on the attached map and is the subject of this Agenda Request. The shared costs specific to this parcel will be approximately $69,669.20 (FCT) and $6,330,80 plus closing costs (SLC). Also attached are two memorandums prepared by Jim David, Mosquito Control Director, outlining the public benefits of the Pepper Park Addition and supporting the purchase of this parcel. Purchase of the remaining parcel is quite possible, however as of this date we do not have a signed Option Agreem ent. The Option Agreement for Sale and Purchase of Parcel F is available for your review in the Property Acquisitions Office. '-' 'wi RECOM MENDA TION: Staff recommends that the Board approve the Option Agreem ent for Sale and Purchase of Parcel F highlighted in orange on the attached map, authorize the Chair to execute the Agreement and direct staff to close the transaction and record the docum ents in the Public Records of St. Lucie County. G:\ACQIWPIYVONNEIMOSOUITOIPEPPERPAIMerrn 121801 Mosquito Control.wpd '-' Pepper Park Addition FCT 99-001-P9A "-I-'--142~-4-::-QOQlY~¡I" ·~~J~"~~~E·~~rl:!~~r~~~~~;~~-~-.~"~~~~ 1.74 Ac ______ I .L_ = ~t-'E J::cJL:\~ /" 1:'> ) . - _ Y Access via SR A1A () u3'~:::'~ I .. Þ Legend ¿¿~ .. Closed Transaction 1426-120-0002-00014 í- County Owned Property ~~~e~c ----- _ Option Agreement Florida Institute of Technology ~ Approved by SOCC ~~ 1{" Subject Parcels "_.L1 .------ .-- ~ c? '-- '( lJ C) i! COi"/¡\L COVE W^TE~w^'r :,./q (] '-- '(" lJ C) ~ ~ _ . _ Project site boundary A - 1423-440-0012-00011 0.26 Ac Property Owner: St. Lucie County S - 1423-440-001 f3-{)OOO 0.26 Ac Property Owner: SI. Lucie County c - 1423-440-0015-Q002 0.26 Ac Property Owner: L.E. Wallace D - 1423-440-0014-000'5 0.21 Ac Property Owner: E.M. Newmark E - 1423-440-0013-Q0(}8 0.21 Ac Property Owner: 51. Lucie County F - 1423-802-0003-000'5 0.45 Ac Property Owners: K.L. Jackson F"N" Moates SA Foreman G - 1423-802-{)003-01(}8 1,24 Ac Property Owner: 51. Lucie County 5l::-/.~.~&...~ GJ,S; 7' -~b.. community Oevelopmen1 Oepenment ! Map prepared 0ecen'IbeI'7,2OO1 1hI._IIMbMr1Ci01'1Ø1odb'Ot/dÞllnt*lo.....,..__..~. \\NOv.wyelllllt...._'"*"'~ 1IoI1I"ICIII__MI:I1œ&'U lrfImWIarIlIO"''.'''I'CIII~IIIr_...,......~_ Scale: 1" - 60(]' '-" '..,.I DIVISION OF MOSQUITO CONTROL MEMORANDUM TO: Mosquito Control District VIA: FROM: Donald Cole, Property Acquisitions Manager James R. David, Mosquito Control Director ~ December 18, 2001 DATE: SUBJECT: Pepper Park Addition - Proiect ACQuisition District staff supports proceeding with the acquisition of the subject properties at Pepper Park Addition, in any order, and as soon as possible. Our understanding is that the Florida Communities Trust Program funding is time-limited, while the properties continue to merit our consideration because of their ecological value and their public health importance. Public Access is also available via the Mosquito Control Dikes and directly via water. Please let me know if you require anything further. cc: file ~ ...., DIVISION OF MOSQUITO CONTROL MEMORANDUM To: Mosquito Control District From: James R. David, Mosquito Control Director ~ Date: December 18,2001 RE: Pepper Park Addition Public Benefits Background Pepper Park Addition is a 114 acre coastal wetland, and mosquito impoundment, located approximately 1.5 miles north of the Ft. Pierce Inlet. It is an important Indian River Lagoon-fringing component of the Saint Lucie County, "South Indian River Lagoon Greenway". A portion of the project area, 111 acres, has been permitted, in association with 40 acres of private lands at Jack Island, as mitigation for Phase I (Berths 1 and 4) of the Port Development Plan. The protection and restoration plan proposed for the site was developed as the mitigation plan for the Port Phase I project. FDEP required high ratios of mitigation area to impact area (approximately 40:1) for the Port project, and felt that the probability for success associated with wetland impoundment restoration was greater than that associated with attempting to meet both restorative seagrass planting success guarantees, combined with high ratios of mitigation. Over time, additional public benefit objectives were combined with the FDEP permitting goals to create the Pepper Park Addition project scope. The following project deliverables are now being proposed: 1) to protect, preserve, restore and publicly manage 111 acres of privately-owned mangrove swamp in mosquito impoundment no. 17 A; 2) to provide public access, parking and boater access to the wetlands and the Indian River Lagoon, through the purchase of approximately 14 acres of adjacent uplands (consisting of dikes and proposed access/parking facilities). The public ownership of the site will also ensure the continuation of Mosquito Control Best Management Practices at the site, which are designed to reduce/eliminate pesticide use in this environmentally sensitive barrier island area. The St. Lucie County Mosquito Control Division proposes to be primary manager of the wetlands of the site, with the Saint Lucie County Leisure Services managing the uplands of the site. The site is contiguous with a State Park managed by the County (Pepper Beach Park), which contains both beaches and wetlands, Acquisition of the site would add 2.29 miles (3,68 kilometers) of Indian River shoreline to the existing park lagoon frontage. It would also provide a buffer for the existing Park from residential development. The site's acquisition would contribute additional public open space to a rapidly growing urban area and would result in increased public passive recreational use of a natural conservation area, The site contributes to the well-being of seagrass-dependent fish communities. Restoration and implementation of best management practices for the site will improve its function as a fish and macrocrustacean nursery, and may "" ..",; result in significant benefits to the health of the seagrass bed itself, These seagrass beds provide habitat for many marine and estuarine organisms, including the endangered West Indian Manatee. The site is also an important component of a "County line" to "County line" integrated management strategy for foraging enhancement for over seventeen (17) species of wading birds. The purchase price of the property as proposed under the current plan is estimated to cost Six Hundred Thousand and 00/100 Dollars ($600,000.00), The Port is eligible for a match from the Florida Communities Trust Program (FCT). Local match, in the amount of $50,000.00, has been budgeted in the Mosquito Control Budget to provide the local match requirement. cc: file '-' ..,.; AGENDA REQUEST ITEM NO. C· .Þ DATE: December 18, 2001 REGULAR [ ] PUBLIC HEARING CONSENT [ X ] TO: Mosquito Control District Board PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control James R David SUBJECT: Acceptance of Contribution from Angler's Cove to Perform Environmental Mitigation Requirement BACKGROUND: A contribution in the amount of $3,80000 has been received from Mr. Donald Wisdom, representing Angler's Cove, which will cover all costs related to the purchase and installation of one corrugated aluminum culvert pipe, in Impoundment NO.9. The culvert serves as a partial mitigation requirement for their Federal Permit requirements, which has been issued to Mr. Wisdom, The culvert provides improved hydrological, nutrient and organismal exchange between the wetlands of Impoundment 9 and the Indian River Lagoon. Due to budget constraints, no other public funding is available for these improvements. Budget Resolution No. 01-05 has been prepared, in order to appropriate the contributed funds. FUNDS AVAIL.: Funds to be made available in 145-6230-563000-600 Improvements OfT Buildings PREVIOUS ACTION: NIA RECOMMENDATION: Stall recommends that the Board accept a private mitigation contribution in the amount of $3,80000, to fund the installation of one corrugated aluminum culvert pipe in Impoundment 9. Stall also recommends adoption of Budget Resolution No. 01-05, and authorization for the chairman to execute the Budget Resolution, which provides budgetary authority necessary to purchase and install the culvert. COMMISSION ACTION: tJ APPROVED [] DENIED [ ] OTHER 4-0 Review and Approvals li'ounty Attorney: ~nagement & Budget L.elriginating Dept.~ Other: Finance: (Check for C~Ý only, if applicableL Purchasing: Other: Ell. 5/96 · '-' ,..." RESOLUTION NO. 01-05 WHEREAS, subsequent to the adoption of the SI. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of adoption of the budget have become available in a form of a $3,800.00 contribution from Angler's Cove. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Mosquito Control District Board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this 181h day of December, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-2002, and the District's budget IS hereby amended as follows: REVENUES 145-6230-366930-600 Contributions $3,800 APPROPRIATIONS 145-6230-563000 -600 Imp OfT Bldg $3,800 After motion and second the vote on this resolution was as follows: Commissioner Cliff Barnes Commissioner Frannie Hutchinson Commissioner John D, Bruhn Commissioner Doug Coward Commissioner Paula A. Lewis xxx xxx XXX XXX xxx PASSED AND DULY ADOPTED THIS 18TH DAY OF DECEMBER, 2001. ATTEST: MOSQUITO CONTROL DISTRICT SOARD ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 1-1:\ WP\I~l JI)(ì ET\2002\hudgt:\_I"c:->() Ull(Hl..,\ Ilgl-:r's ('l)\'(;. wpd ; '-'" ..., MEMORANDUM TO: Mosquito Control District Board FROM: James R. David, Mosquito Control Director DATE: December 12, 2001 SUBJECT: Acceptance of Contribution to Perform Environmental Requirement Mitigation BACKGROUND: A contribution in the amount of $3,800.00 has been received from Mr, Donald Wisdom, representing Angler's Cove, which will cover all costs related to the purchase and installation of one corrugated aluminum culvert pipe, in Impoundment NO.9. The culvert serves as a partial mitigation requirement for their Federal Permit requirements, which has been issued to Mr. Wisdom. The culvert provides improved hydrological, nutrient and organismal exchange between the wetlands of Impoundment 9 and the Indian River Lagoon. Due to budget constraints, no other public funding is available for these improvements, Budget Resolution No. 01-05 has been prepared, in order to appropriate the contributed funds. RECOMMENDATION Staff recommends that the Board accept a private mitigation contribution in the amount of $3,800.00, to fund the installation of one corrugated aluminum culvert pipe in Impoundment 9. Staff also recommends adoption of Budget Resolution No. 01-05. and authorization for the chairman to execute the Budget Resolution, which provides budgetary authority necessary to purchase and install the culvert. , .,. _ ... u._ ...., .ow. .__... .._.._._......_ _.___.~_ _..___..._,_,,_ .. -..--.---... --.-._,.~_.".. "'" ..." W¡sdcrn PlEiscc'a1es" ~nc. 517 Camden Ave, Stuart, Florida 34994 561·288·1227 10 December 2001 Mr. Jim David St. Lude County Mosquito Control 3150 Will Fee Road Fort Pierce, Florida 34982 , Re: Mitigation Dear Jim: Reference our conversation last October regarding Impoundment No, 9 culvert installation to satisfy U, S, Army Corps of Engineers permit requiremcnu, The Corps has issued the permit No. 199341812 for An¡ler's tove C0!1dominÜ1m Association. Permit special condition in paragraph 3 requires the installation of a 30" culvert in Impoundment No.9, Attached is a check for thìrty- eight hundred dollars ($3,800) for the culvert and its installation. Request that you notify the undersi¡ned when construction has been completed. The Corps requires that the mitigation be accompHshed within sixty days from issuance of the perone (Nov. ::JO. 2001), Thank you ever so much for your assistance and responsiveness. DAWlbaa.r WI Attachment cc; T. Agramontc R, Baber p,Guin F.u: !S1·2.88·1886, MOl!llr: 66\,2."·7777 .. Tol.l. FRt'!: 817·600·0871 , .j 'j; 8 I ' Û i,1 SItI.4/II!v*,,, '" !nvf1DmtIIIW P!aMllII·!'em1t ÀCC!1IlIIlIol\· GOVIrnmtIIItaJ ~rdJlllt01I i"ld; I :! I (I 0 7 ': i ' H G