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Home My WebLink AboutAgenda Packet 09-18-01 ,/# ...... wi " SEPTEMBER 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 will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies 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 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. ¿, '-" 'wi www.stlucieco.gov John D. Bruhn Doug Coward Paula A, Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA September 18, 2001 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES ..~. Approve the minutes of the meeting held September 11, 2001. tÆ'. Approve the minutes of the Tentative Budget Public Hearing held September 6, 2001. 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS A. Announcement / The Board of County Commissioners will hold a Budget Workshop to discuss Capital Projects and other budget issues on September 25, 2001, immediately following the Board of County Commissioners Meeting in Conference Room 3. This meeting was rescheduled from September 11, 2001. B, Announcement / The Board of County Commissioners workshop with the Department of Environmental Protection that was previously scheduled for September 11, 2001 at 3:00 pm in Conference Room 3 to discuss Watershed Management and its relationship to developing and implementing Total Maximum Daily Loads (TMDL) in the St. Lucie and Loxahatchee River Basins, will be rescheduled. At this time, a new date has not been determined. C. Announcement / The Board of County Commissioners will hold a workshop to discuss Airport Noise on September 28, 2001 at 10:00am in the Commission Chambers. NOTICE' All Proceedings before this Board are electronically recorded. Any p'erson who decides to app.eal any action taken by' the Board at tnese meetings will need a record of the proceedings and for such purpos!! may ne.eÇi to ensur!! tpat a verbatim record of the proceedings is made. Upon the rec;¡uest of any party to the proceedl!1gs. mdlvlduals te.stlfymg during a hearing will be sworn in. Any party to the proceedmg! will b.e gr.a,nted th~ 9Pportunlty to cross-examme any indivlBuat testifYing during a hearinicupon request, Anyone wIth a disability reRUlrlnlt accommodation to attend this meeting should contact the S!. LucieTounty.Community Services Manager at (561) 462=1777 orTDD (561) 462-1428 at least forty-eight(48) hours prior to the meetmg. ~, '-" ....,¡ , REGULAR AGENDA SEPTEMBER 11,2001 _ PAGE TWO 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS (CONTINUED) D. Announcement / The St. Lucie County Legislative Delegation will meet Thursday, October 18, 2001 from 9:00 am to 5:00 pm in the County Commission Chambers. E. Announcement / The St. Lucie County Board of County Commissioners will hold a workshop with the Tourist Development Council on October 1, 2001 at 2:00 pm in Conference Room 3. F. Announcement / The Official Opening of the South County Regional Sports Stadium will be on September 28, 2001 at 6:45 pm. G. Announcement / The Oxbow Eco-Center will be open to the public, featuring the "Florida Your Backyard" Exhibit on October 27, and October 28, 2001. H. Announcement / The November 20, 2001 Board of County Commissioners Meeting has been rescheduled to 9:00 am. The November 27, 2001, December 25, 2001 and January I, 2002 Board of County Commissioners Meetings have been cancelled. . I. (j)tliulo r&c.£.lJ- - í2-~ IYb 0~ ~~~<..L 1\-(' V\Â-Cv\A.. ~ <", LD a:. -\..,......../ j) .-. 11:6' c. Z GENERAL PUBLIC COMMENT / "C ~ . ~ U I ~ 3, CONSENT AGENDA ~f(~ '<Jj McLt-~ 4. PUBliC HEARINGS PUBLIC WORKS SA. Resolution No, 01-203 / Academy Drive MSBU - Consider staff recommendation to 'l~ adopt the resolution to levy a non-ad valorem special assessment on the Academy rl 5 D Drive MSBU, approve the preliminary assessment roll, authorize the County - Engineer to proceed with construction of the project, and approve funding the (1\)0 pu.1ol.C ¡," proj.ect using ~e MSBU In-hpuse R~volving Loan Program. (2nd Public Hearing) (ßVV\_N~~) eQ'-VCvL di - ULv-u+' \\>U.-ct. (l.Q.~ lJ\.'-. 1rb '-lIì'\ s ßLl -+D s Loh 5B. Resolution No. 01-204/ Grey Twig Lane MSBU - Consider staff recommendation to adopt the resolution creating the Grey Twig Lane MSBU, authorize the County Engineer to proceed with the engineering and design ofthe project pursuant to the procedures set forth in Chapter 1-13.5, St, Lucie County Code of Ordinances, authorizing the County Engineer to advertise for bids for construction, and prepare an interlocal agreement with the City of Port St. Lucie. (Initial Public \)~ ~n~::J}~g) \:Öìm ~Jo.-tU/ - Qv.u,+,~ Cod ~lN- .; ~b"'- ~~ ~~_ ~:>+-'t5\'..J.oCA-:\-"\I"" '\ ?,~ ,I ~~o.-" -D( r'LD.~~ -b À..t.A\J.'~ ~ ~-O \) \, I 'f"_ ~ ~~~- ~~ ~~\J;c.. _~c.. ~~- -'~I'CtL~~-~'»C)\..-h-"!.o...Sa.u..c.... ~\.;, ~p~cl:, ~ ~\o~. --vnCM..\.L 1 .. \hcl-CQI~ la...w ~ Stu..v ~- .. '\\ ~ ).D..v...:ð4Î ~..JYU!.-~ 4, ~ôls-oJ! bu- ~~ ~ - \)eJh..~~ ~UfPL- er.ro~; ~ ðh Œ..9 mfk:~ ~- ~ ~ CÜ--o...-.c:¿ 1..0/0 &.c.~d-.~ L.~. ð~ '¥--L-I.\hS - LL.~. ~ - \.0\Lo ~ ~ ~ ~ C-é-u..~~ ~ HEARINGS (CONTINUED)~~&l.t. ~_ u:>."'-c, Q..(. ~o.k ~ *-.u-' LM.~ðb~' L ~~~-~~~~\..~ ~v,.;.ó~ ~- P,3c....v:><>,1s/o- 5C Ordinance o. 01-0 Consider staff recommendation to adopt the ordinance í'. _ ~, creating the nVlfonmental Lqndscª,pe.Manageme!lt ("ELM") P:t:ogram~ . " ? l,.._y,L,lJ,>-"H'\.)-...o, _ ~- -*t. Ob~~v.>- ~ J.0/<;"'-'"Y"y-J, \o..r ~d-t~ - 1J '- COMl\IUNITY DEVELOPMENT ~~ ~lAU -k~ 1-kre.r~7 ~l~D~ ~-~~~~d-4? \AA..V ~~ .i;~.~. rp~ 5D. - Resolution No. 01-13 5/0uasi- Tudici ~ co~cOmmendatiOn 5-0 to approve the resolution granting the petition of John and Cindy McMillin to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the ~ ~~~~-5(Agriculturall du/5 acre) Zoning District. Location: approximately 3880 feet ~~~o~t~?& ~ton Road and Glades Cut-Off Road. _ ~ Resolution No. 01-136 /Ouasi-Tudicial/ Liberty Baptist Church - Consider staff 1<J: :J~ë'2ommendation to approve the resolution, subject to cited conditions, for a 14:id ... a.¡OI onditional Use Permit to allow for educational services as an accessory use to a ligious facility. Location: 3660 West Midway Road, northeast corner of Midway - Road and Dunn Road. \ -l ~().. v..Il-\--'l>Y-O-~-~~~-~'~'4-Q ~~. r~~(.":'\. ~nd of Public Hearings '-f - ~(ò(<<..hn J "\ ~e.uJ·1S /, '-' 6. COUNTY ATTORNEY ~ A. Resolution No. 01-208 - Consider staff recommendation to adopt the . ~ \A.e. ~resolution establishing Application Fee for Certification under the ~ ~/ se-~ Environmental Landscape Management ("ELM") Program. B. Prima Vista Shopping Center - Memorandum of Agreement - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. ""V~v 5-0 c. Prima Vista Shopping Center / Road Contribution and Construction Agreement - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement ~ ~s.-..~-~~ ~r~~ ~\I'ILD-~) ~o'Ád._ ~ "-' -..; REGULAR AGENDA SEPTEMBER 11, 2001 PAGE FOUR ~ 5=-0 p~ 5-0 p~ 5-0 -rCG~ 6~O 6. COUNTY ATTORNEY (CONTINUED) D. Prima Vista Shopping Center - Permission to Advertise - Consider staff recommendation to grant permission to advertise the initial public hearing t::\ on Tuesday, October 9, 2001 at 9:00 am, or as soon thereafter as possible. ~-f,~-~Iß~ E. Pepper Park Addition / Option Agreement for Sale and Purchase - Consider staff recommendation to approve the agreement for Parcels 1,2,5,8,10 and 12, authorize the Chairman to e.xecute the agreements, and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County Florida. F. Resolution No. 01-211 - Consider staff recommendation to approve the resolution for the Bank of America MSBU Loan. 7. ADMINISTRATION County Legislative Issues - Consider staff recommendation to grant permission to submit county issues identified to the Treasure Coast Council of Local Governments for lobbying efforts and grant permission for lobbying efforts for local issues identified. ~\»LD - Cbw~ CONSENT AGENDA September 18. 2001 ~I jY~ ~J-J _JJ' scY' ~(DV\,.\.}ir ~\)1 \« ~ðY. ~ / '-" . 1. WARRANTS LIST Approve warrants list No. 50 2. PUBLIC WORKS '----------.- ---,-,..,-'. A. Budget Amendment No. 01-184 - Consider staff recommendation to pay $16,500 to L.E.B. Demolition, Inc. for work completed. B. Engineering / Intersection of Edwards Road and Selvitz Road - Consider staff recommendation to approve Work Authorization NO.4 with Kimley- Horn and Associates, Inc., in the amount of $4,400 for engineering services associated with additional survey needs and authorize the Chairman to sign the work authorization. C. Engineering / St. Lucie River Issues Team Grant - Consider staff recommendation to approve submission of a grant application in the requested amount of $1.5 million for the Indian River Estates/Savannas Ecosystem Management Project, and authorize the Chairman to sign the application. D. Road & Bridge / Equipment Request No. 01-300 - Consider staff recommendation to approve the equipment request for the purchase of a computer tower and software, to replace a stolen unit for the Drainage Operations Supervisor. E. Road & Bridge / Signal Maintenance & Master Construction Contract - Consider staff recommendation to award the bid to the Signal Group, Inc., and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Engineering /Water Control Structure Construction at NSLRWCD Canal Nos. 23 and 28, and Culvert Replacement at Canal No. 23 and Oleander Avenue- Consider staff recommendation to accept the project, approve the release of retainage in the amount of $31,031.30 minus failed lab tests in the amount of $75, and approve the final payment to Johnson-Davis, Inc. in the amount of $32,306.30 3. PARKS AND RECREATION A. Glatting Jackson Contract for LaWllwood Recreation Complex Master Plan and St. Lucie County/Community Parks System Master Plan - Consider staff recommendation to approve the contracts and work authorizations, and authorize the Chairman to sign all documents. B. Budget Amendment No. 01-188 - Consider staff recommendation to approve the budget amendment, and the use of $16,365 from General Fund Contingency, and authorize staff to enter into a contract with Native Technologies, Inc. for the removal of Brazilian Pepper and Australian Pine trees at Pepper Park. > . ~ ...., CONSENT AGENDA SEPTEMBER 18, 2001 PAGE TWO 4. COUNTY ATTORNEY A. Interlocal Agreement / Purchase of Computers for the Clerk of Court - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. B. Interlocal Agreement / Purchase of Computers for the State Attorney - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. C. A-I Roof Trusses Ltd., Company TEFRA Hearing Request - Consider staff recommendation to grant permission to advertise a TEFRA hearing on October 9, 2001 at 9:00 am, or as soon thereafter as possible. 5. MANAGEMENT AND BUDGET A. Pine Hollow Street Lighting District! Budget Resolution No. 01-209 - Consider staff recommendation to approve the budget resolution establishing the budget for the project. B. Performance Contract Financing RFP's - Consider staff recommendation to accept the contract with First Union, and authorize staff to proceed with executing the commitment. C. Tourist Development 4th Cent Paydown for Stadium Debt - Consider staff recommendation to authorize staff to pay an additional $200,000 toward the principal of the loan by the end of this fiscal year in order to avoid any arbitrage penalty. D. Early Redemption of Special Assessment Improvement Bonds, Series 1996 - Consider staff recommendation to approve the early redemption of the $1,860,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1996 (Becker Road MSBU), at par, as recommended by Mr. Leedy, resulting in a savings to the property owners within the MSBU. E. Early Redemption of Special Assessment Improvement Bonds, Series 1997 - Consider staff recommendation to approve the early redemption of $10,500 of the outstanding principal remaining on the $132,000 St, Lucie County, Florida Special Assessment Improvement Bonds, Series 1997 (Driftwood Manor MSBU), at par, as recommended by Mr. Leedy, resulting in a savings to the property owners within the MSBU. 6. SHERIFF'S OFFICE Law Enforcement Trust Fund - Consider staff recommendation to approve the request for distribution in the amount of $495,156.94 for computer enhancements, supplies, furniture, training and other equipment, '-'" "wi BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA September 18. 2001 REGULAR AGENDA Agenda Item C6 has been moved to the Regular Agenda SHERIFF'S OFFICE r-p~ R-A.6 Law Enforcement Trust Fund- Consider staff recommendation to approve the 5-0 request for distribution in the amount of $371,449.30 for computer A enh~ncements, supplies, furniture, training and other equipment. -:J_ \, ~~oìU)- Co.wo.A..ct - ~J'" L ~ ~C&-..u..-a:hÌN-~' ~pó~~'"ù' ~- ··-~~·ef· <:!¡'- S\....ur~ ~~~ CONSENT NDA C\.v~ ~--._~ COUNlY A TIORNEY VC-A.1 First Addendum to August 8,2001 Contract between the County and Howard Industries, Inc, - Clerk: Staff recommends that the Board approve the First Addendum and authorize the Chairman to sign the First Addendum, ¡,.;C-A.2 Second Addendum to August 8, 2001 Contract between the County and Howard Industries, Inc. - State Attorney: Staff recommends that the Board approve the Second Addendum and authorize the Chairman to sign the Second Addendum. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the Sl Lucie County Community Services Manager at (561) 462-1777 orTDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ '-" AGENDA REOUEST I'WM NO. R-A.6 DATE: September 18, 2001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMIlTED BY(DEPT): St. Lucie County Sheriff's Office Ken Mascara Sheriff of St, Lucie County SUBJECT: Request for distribution from the Law Enforcement Trust Fund in the amount of $371,449,30. BACKGROUND: The monies will be used for various computer enhancements, training for the school resource deputies, supplies for the school resource deputies, furniture for the crime prevention unit, and other equipment. FUNDS WILL BE AVAILABLE: Law Enforcement Trust (L.E.T.) Fund PREVIOUS ACTION: RECOMMENDATION: Staff recommends considering the Sheriff's request for distribution in the amount of $371,449.30 for computer enhancements, supplies, furniture, training and other equipment. [x] APPROVED [ ] DENIED [ ] OTHER: 5-0 COMMISSION ACTION: u sAnderson County Administrator Review and Approvals County Attorney: Management &. Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) EU. 5/96 .. '- --' ,A ?:b"";\' ..~~~.,~~, r1' -·~':';;:;:'···'f·~·' .~:-¡. r't..,~""JI·' ,o>t~1 ~ N ~ "'.' ~ ~1, ~bertff KEN J. MASCARA Telephone: (561) 462-3200 . Fax: (561) 489-5851 4700 West Midway Road· Fort Pierce, Florida 34981 September 13, 200I The Honorable Frannie Hutchinson, Chairwoman S1. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Chairwoman Hutchinson: The 51. Lucie County Sheriffs Office requests an appropriation of$371,449,30 from the Law Enforcement Trust Fund, A separate list is attached detailing the items and associated costs, I certify that this request is in compliance with Section 932,7055 (4) (a) of the Florida Statutes. Thank you for your consideration of this request. Sincerely, ts Attached ., '-" -...I 2000/2001 Purchase Requests Designated as lET Line # 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 Amount 15% Emend. Match for Drua Court Costs 5 000.00 5 000,00 I Two (2) HP Laseriet 5000N Printers - Transition eXDense 3099,98 Four /41 PC's - Transition eXDense 3,674.00 Four (4) 17" monitors - Transition exoense 553.00 Shelvina/Brackets/Materials for New Bookino Area Comouter Tower 108.10 Four (4) File Cabinets for New Bookino Area 411 ,38 Four (4) SCSI Drives for New Finance Primarv & BackuD Servers 2,800.00 Racks/Cabllna/Eauio for SOF & REX servers /New comouter room) 4 799,87 Printer for Chief Deoutv 499.90 New Evidence Pronram Ihardware, software and suooliesl 10 464.00 Additional license for Beast software (new evidence Drooram) 500.00 Two (2) Barcode Printers wi Labels for New Evidence Proaram 1 667.00 Sonv Mavica Diaital Camera for use In Evidence 379.00 Canon BJC 85 Portable Printer for Evidence Prooram 299.99 Solo 5300 XL Deluze Laotoo ComDuter for Evidence Prooram 1 786.00 Material for Comnuter Work Bench (new comouter room) . 400,00 Electrical Material for Com outer Work Bench (new comouter room) 400.00 Acoustical Panel Petitions for Crime Prevention Unit 3 322.00 3 322.00 Thlrtv-one (31) 800 Mahz Scanners for COP vehicles 2.635.00 2.635,00 Uniform shirts natches and accessories for Citizen's Obser. Patrol 5197.00 5197.00 288 Ball CaDs for Citizen's Observation Patrol 1,008.00 1.008.00 Six (6) Motorola Ni-Cad Batteries for Crime Prevention 156.00 156.00 Two /21 Sonv Mavica Diaitat Cameras for Crime Prevention 878.00 878.00 Wireless Svstem for Crime Prevention 2 980,00 2 980.00 Two l21TVNCR combos for Crime Prevention 658.00 658.00 ComDuter SUDDlies for SRD 70.09 70.09 Hiah School/Middle School Yearbooks for SRD 470.00 470.00 Table too displav w/case IfClht for SRD 1,505.00 1.505,00 Tuition and travel exoenses for Basic SRD School for 11 de Duties 4 268.00 4 268.00 Pre-printed oencils stickers and badQes for SRD 3.425.00 3.425,00 5000 Chiid 10 Packets for SRD 3 200.00 3.200.00 850 DARE orad. T -shlrts/15 Great Grad. Jackets for SRD . 5.337.50 5.337,50 100 Great Grad. Medallions for SRD 250,00 250,00 Zero Tolerance Posters for Schools 500,00 500.00 20 Dare Grad. "Too Student" Bicycles 2.000.00 2 000.00 Five (51 Packs of Gold Foil Certificate PaDer for SRD 750.00 750.00 5000 Colorlna Books for SRD 640.00 640,00 Twelve (12\ Olvmous Point and Shoot 35 mm cameras for SRD 600,00 600,00 label Maker and Refills for SRD 273,75 273.75 Videos for SRD 2,195,00 2.195,00 MS Office Professional for New Grant writer 527.36 Comnuter for New Grant writer 1.081.00 Fumlture for New Grant Writer 1489.76 Ten (10\ Code..3 Liahtbars 13.100,00 Additional memorv for TSU Photo Com outer 395,92 CoDler for Jail 3 870.00 Print Server & Color Inlet Printer for Crime Prevention 748.20 748.20 I Memorv Uoarade for Marie Detrick due to HTElCOGNOS rens. 41.39 Crime Prevention Trainina 2 330.00 2.330.00 I Dloital Camera for Bomb Disoosal Team 414,00 Office Furniture - Crime Prevention 4.687.04 4687.04 I Participation In Crime Prevention Campalan 5 000.00 5.000.00 I PC for New Facilities/Fleet Coordinator 878.00 Printer for FleeVFacilities Coordinator 499.00 Software for Safe Schools Proieet 2 329.02 Two (2) PC's with monitors for Safe School Proiect 3 066.00 Imprinted items for Crime Prevention 4810.00 4810.00 I Four (41 Ford Taurus' for SRD proQram 49.555.00 49.555,00 ITEMS H:IDocumentslLET RequestslLET 2000_2001 Requests Tally.wb3 09/13/0 -, '-" """ 2000/2001 Purchase Requests Designated as LET line # 59 60 61 62 63 64 65 66 67 68 69 70 71 moun o :XDen . Laptop for Sheriff 2 397.80 Ten (10) Code -3 LiQhtbars 13100.00 Reverse 911 SYStem for Crime Prevention 24 872.00 24.872.00 I Three (31 Ex Llaht Probe Meters for Crime Prevention 369.00 369.00 I Donation to Maples Center for Forensic Medicine 1 000,00 Donation to Commission for Florida Law Enforcement Accreditation 2 500,00 Match for COPS MORE Qrant 47500.00 Match for Local Law Enforcement Block Grant 11 144,00 Match for Edward Bvrne Memorial Grant 41.556.00 Twentv-three 1231 800 MHz radios for SRD vehicles 35512.00 35 512.00 I Fifteen (15) Tactical Vest Carriers 1 ,4 77.50 Six (6) Strobe Liaht Packaaes 1 590.00 Fleet Manaoement Packa~e Isoftware/hardwarellicense) 14498.75 ITEMS A t 15"1< E d TOTAL LET REQUESTS 371.499.30 TOTAL REQUESTS TOWARD 15% EXPENDITURE REQS: (Items designated for 15% indicated in BOLD print) 175.201,58 H:\Documents\LET Requests\LET 2000_2001 Requests Tally.wb3 09/13/01 '-' ....., BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA September 18. 2001 REGULAR AGENDA Agenda Item C6 has been moved to the Regular Agenda SHERIFF'S OFFICE R-A.6 Law Enforcement Trust Fund- Consider staff recommendation to approve the request for distribution in the amount of $371,449.30 for computer enhancements, supplies, furniture, training and other equipment. CONSENT AGENDA COUNlY A TIORNEY C-A. 1 First Addendum to August 8, 2001 Contract between the County and Howard Industries, Inc. - Clerk: Staff recommends that the Board approve the First Addendum and authorize the Chairman to sign the First Addendum, C-A.2 Second Addendum to August 8, 2001 Contract between the County and Howard Industries, Inc. - State Attorney: Staff recommends that the Board approve the Second Addendum and authorize the Chairman to sign the Second Addendum. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings. individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any Individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting, " '-" ......,; SEPTEMBER 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 \\ill 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 vvishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will 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 heId 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 John D, Bruhn Doug Coward Paula A, Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA September 18, 2001 7:00 P.M. INVOCATION PLEDGE OF ALLEGLANCE 1. MINUTES A. Approve the minutes of the meeting held September 11, 2001. B. Approve the minutes of the Tentative Budget Public Hearing held September 6, 2001. 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS A. Announcement / The Board of County Commissioners will hold a Budget Workshop to discuss Capital Projects and other budget issues on September 25, 2001, immediately following the Board of County Commissioners Meeting in Conference Room 3. This meeting was rescheduled from September 11, 2001. B. Announcement / The Board of County Commissioners workshop with the Department of Environmental Protection that was previously scheduled for September 11, 2001 at 3:00 pm in Conference Room 3 to discuss Watershed Management and its relationship to developing and implementing Total Maximum Daily Loads (TMDL) in the St. Lucie and Loxahatchee River Basins, .<Jill be rescheduled. At this time, a new date has not been determined. C. Announcement / The Board of County Commissioners will hold a workshop to discuss Airport Noise on September 28, 2001 at 10:00am in the Commission Chambers. NOTICE' All Proceedings before this Board are electronically recorded. Any p'erson who decides to apReal any action taken by'the Board at tlìese meetings will need a record of the pr.oceedings and for such purpos!! may ne.eÇi to ensur!! tpat a verbatim record of the proceedings is made. Upon .the rec;¡uest of any party to the proceedl!1gs. mdlvlduals te.stlfymg during a hearing will be sworn in. Any party to the proceedmg~ will b,e gr,a.nted th~ ppportumty to cross-examme any indivlaual testi!ying during a hearing_upon request. Anyone wIth a dlsaòlhty re~umng accommodation to attend thIs meeting should contact the S!. Lucie--County.Community Services Manager at (561) 462~777 or TDD (561) 462.1428 at least forty-eight(48) hours prior to the meeting. '-' '-' REGULAR AGENDA SEPTEMBER 11, 2001 PAGE TWO 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS (CONTINUED) D. Announcement / The St. Lucie County Legislative Delegation will meet Thursday, October 18, 2001 from 9:00 am to 5:00 pm in the County Commission Chambers. E. Announcement / The St. Lucie County Board of County Commissioners will hold a workshop with the Tourist Development Council on October I, 2001 at 2:00 pm in Conference Room 3. F. Announcement / The Official Opening of the South County Regional Sports Stadium will be on September 28, 2001 at 6:45 pm, G. Announcement / The Oxbow Eco-Center will be open to the public, featuring the "Florida Your Backyard" Exhibit on October 27, and October 28, 2001. H. Announcement / The November 20, 2001 Board of County Commissioners Meeting has been rescheduled to 9:00 am. The November 27, 2001, December 25, 2001 and January 1, 2002 Board of County Commissioners Meetings have been cancelled. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBliC HEARINGS PUBLIC WORKS SA. Resolution No. 01-203 / Academy Drive MSBU - Consider staff recommendation to adopt the resolution to levy a non-ad valorem special assessment on the Academy Drive MSBU, approve the preliminary assessment roll, authorize the County Engineer to proceed with construction of the project, and approve funding the project using the MSBU In-house Revolving Loan Program. (2~d Public Hearing) 5B. Resolution No. 01-204 / Grey Twig Lane MSBU - Consider staff recommendation to adopt the resolution creating the Grey Twig Lane MSBU, authorize the County Engineer to proceed with the engineering and design of the project pursuant to the procedures set forth in Chapter 1-13,5, St. Lucie County Code of Ordinances, authorizing the County Engineer to advertise for bids for construction, and prepare an interlocal agreement with the City of Port St. Lucie. (Initial Public Hearing) '-' "-' REGULAR AGENDA SEPTEMBER 11, 2001 PAGE THREE 5C. / j 6{/~ÍY £ PUBliC HEARINGS (CONTINUED) Jf.7 ;ß ~I "IT' '~c;Y - I¡ÍJb /ÍfJ ¡;.~/ Ordinance No. 01-04 - Consider staff recommendation to adopt the ordinance creating the Environmental Landscape Management ("ELM") Program. COUNIT ATTORNEY COMMUNIIT DEVELOPMENT 5D. Resolution No. 01-13 5/0uasi- Judicial/McMillin - Consider staff recommendation to approve the resolution granting the petition of John and Cindy McMillin to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the / AG-5(Agriculturall dU/5 acre) Zoning District. Location: approximately 3880 feet /)/ / pJ //,hnorth of the intersection of Carlton Road and Glades Cut-Off Road. "1/ 5E, 0 Resolution No. 01-136 /Ouasi-Judicial! Uberty Baptist Church - Consider staff ¡] ~ recommendation to approve the resolution, subject to cited conditions, for a fJt'ßI Conditional Use Permit to allow for educational services as an accessory use to a ~/.,; religious facility. LO,cation: 36,60 West Midway Road, ,northe.?st cO,rner of Midway /U~~' Road and Dun,n Road. ¡;)..-' L .Æ /J J. ..- ?¿'L-itJ.--, , ¡r/ '/ ~ (of' '-' ¡~1JÞ' -- /J/Þ ~ J / .À,/vt-- I - A/1¡fltJ/;¡.- r ~ /IV End of Public Hearings ¡r F /,fI COUNIT ATTORNEY Resolution No. 01-208 - Consider staff recommendation to adopt the resolution establishing Application Fee for Certification under the Environmental Landscape Management ("ElM") Program. B. Prima Vista Shopping Center - Memorandum of Agreement - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. C. Prima Vista Shopping Center / Road Contribution and Construction Agreement - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement , \w ...,.; REGULAR AGENDA SEPTEMBER 11, 2001 PAGE FOUR 6. COUNIT ATTORNEY (CONTINUED) D. Prima Vista Shopping Center - Permission to Advertise - Consider staff recommendation to grant permission to advertise the initial public hearing on Tuesday, October 9,2001 at 9:00 am, or as soon thereafter as possible. E. Pepper Park Addition / Option Agreement for Sale and Purchase - Consider staff recommendation to approve the agreement for Parcels 1,2,5,8,10 and 12, 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. F. Resolution No. 01-211 - Consider staff recommendation to approve the resolution for the Bank of America MSBU Loan, 7. ADMINISTRATION County Legislative Issues - Consider staff recommendation to grant permission to submit county issues identified to the Treasure Coast Council of Local Governments for lobbying efforts and grant permission for lobbying efforts for local issues identified. '-' ....,¡ CONSENT AGENDA September 18. 2001 1. WARRANTS LIST Approve warrants list No. 50 2. PUBLIC WORKS A. Budget Amendment No. 01-184 - Consider staff recommendation to pay $16,500 to L.E,B. Demolition, Ine. for work completed. B. Engineering / Intersection of Edwards Road and Selvitz Road - Consider staff recommendation to approve Work Authorization NO.4 with Kimley- Horn and Associates, Ine., in the amount of $4,400 for engineering services associated with additional survey needs and authorize the Chairman to sign the work authorization. C. Engineering / St. Lucie River Issues Team Grant - Consider staff recommendation to approve submission of a grant application in the requested amount of $1.5 million for the Indian River Estates/Savannas Ecosystem Management Project, and authorize the Chairman to sign the application. D. Road & Bridge / Equipment Request No. 01-300 - Consider staff recommendation to approve the equipment request for the purchase of a computer tower and software, to replace a stolen unit for the Drainage Operations Supervisor. E. Road & Bridge / Signal Maintenance & Master Construction Contract - Consider staff recommendation to award the bid to the Signal Group, Inc., and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Engineering / Water Control Structure Construction at NSLRWCD Canal Nos. 23 and 28, and Culvert Replacement at Canal No. 23 and Oleander Avenue- Consider staff recommendation to accept the project, approve the release of retainage in the amount of $31,031.30 minus failed lab tests in the amount of $75, and approve the final payment to Johnson-Davis, Inc. in the amount of $32,306,30 3. PARKS AND RECREATION A. Glatting Jackson Contract for LaWllwood Recreation Complex Master Plan and St. Lucie County/Community Parks System Master Plan - Consider staff recommendation to approve the contracts and work authorizations, and authorize the Chairman to sign all documents. B. Budget Amendment No. 01-188 - Consider staffrecommendation to approve the budget amendment, and the use of $16,365 from General Fund Contingency, and authorize staff to enter into a contract with Native Technologies, Inc. for the removal of Brazilian Pepper and Australian Pine trees at Pepper Park. '-' ,...,¡ CONSENT AGENDA SEPTEMBER 18, 2001 PAGE nvo 4. COUNTY ATTORNEY A. Interlocal Agreement / Purchase of Computers for the Clerk of Court· Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. B. Interlocal Agreement / Purchase of Computers for the State Attorney - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. C. A-I Roof Trusses Ltd., Company TEFRA Hearing Request - Consider staff recommendation to grant permission to advertise a TEFRA hearing on October 9, 2001 at 9:00 am, or as soon thereafter as possible. 5. rvIANAGEMENT AND BUDGET A. Pine Hollow Street Lighting District/ Budget Resolution No. 01-209 - Consider staff recommendation to approve the budget resolution establishing the budget for the project. B. Performance Contract Financing RFP's - Consider staff recommendation to accept the contract with First Union, and authorize staff to proceed with executing the commitment. C. Tourist Development 4th Cent Paydown for Stadium Debt - Consider staff recommendation to authorize staff to pay an additional $200,000 toward the principal of the loan by the end of this fiscal year in order to avoid any arbitrage penalty. D. Early Redemption of Special Assessment Improvement Bonds, Series 1996- Consider staff recommendation to approve the early redemption of the $1,860,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1996 (Becker Road MSBU), at par, as recommended by Mr. Leedy, resulting in a savings to the property owners within the MSBU. E. Early Redemption of Special Assessment Improvement Bonds, Series 1997- Consider staff recommendation to approve the early redemption of $10, 500 of the outstanding principal remaining on the $132,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1997 (Driftwood Manor MSBU), at par, as recommended by Mr. Leedy, resulting in a savings to the property owners within the MSBU. 6. SHERIFF'S OFFICE Law Enforcement Trust Fund - Consider staff recommendation to approve the request for distribution in the amount of $495,156.94 for computer enhancements, supplies, furniture, training and other equipment. '- '-' CONSENT AGENDA . SEPTEMBER 18, 2001 PAGE THREE 7. COMMUNITY SERVICES Contract with Kids Connected by Design as the Administrator for the Delinquency Prevention Grant titled St, Lucie County Mental Health Collaborative - Consider staff recommendation to approve the contract and authorize the Chairman to sign all documents. '- AGENDA REQUEST IT~NO. e.-li.1 DATE: September 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: First Addendum to August 8, 2001 Contract between the County and Howard Industries, Inc, - Clerk BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the First Addendum and authorize the Chairman to sign the First Addendum, [X] APPROVED [ ] DENIED [ ] OTHER: ouglas Anderson County Administrator COMMISSION ACTION: County Attorney, fJ Review and Approvals Management & Budget Purchasing: Originating Dept. Info, Tech. Dir.: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 r '-' 'WI INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2182 DATE: September 13, 2001 SUBJECT: First Addendum to August 8, 2001 Contract between the County and Howard Industries, Inc. - Clerk ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On August 8, 2001, the County and Howard Industries, Inc. ("Howard") entered into a contract wherein the County agreed to purchase computers from Howard. The August 8 Contract provided that the County, in conjunction with other governmental entities may order additional computers from Howard to be paid for by the other governmental entities. In this regard, attached is a proposed First Addendum to the August 8, 2001 Contract that would allow the County, on behalf of the Clerk, to purchase 184 computers from Howard. The Clerk would agree to pay the County for all costs associated with the purchase of the computers. The Clerk's purchase would be funded through the County's Master Lease Agreement with SunTrust. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the First Addendum and authorize the Chairman to sign the First Addendum. DSM/ caf Attachment ; ~ '-" FIRST ADDENDUM TO AUGUST 8, 2001 CONTRACT BETWEEN ST, LUCIE COUNiY AND HOWARD INDUSTRIES, INC, (CLERK) THIS ADDENDUM is dated this day of , 2001, by and between ST, LUcrE COUNiY, hereinafter called the "COUNTY", and HOWARD INDUSTRIES, INC. hereinafter referred to as the "CONTRACTOR"; and JOANNE HOLMAN, Clerk of the Circuit Court for St. Lucie County, Florida hereinafter referred to as the "CLERK". WITNESSETH: WHEREAS, the County and the Contractor entered into a Contract (the "Contract") on August 8, 2001, wherein the County agreed to purchase personal computers {"Product") from the Contractor; and WHEREAS, the August 8,2001 Contract provided that the County, in conjunction with other governmental entities within the County may order additional Product from the Contractor to be paid for and used by the other governmental entities; and WHEREAS, the Clerk is desirous of purchasing Product from the Contractor in accordance with the August 8, 2001 Contract; and WHEREAS, the parties desire to amend the August 8, 2001 Contract to allow the Clerk to purchase Product in accordance with the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under the Addendum is providing installed 184 personal computers {"Product") with Windows Operating Systems and Microsoft Office Suite in accordance with Quote #KT224431 dated July 13, 2001 which is attached to and g: \atty\agreem nt\Haward-addendum -1- " ........ ....., incorporated into the August 8, 2001 Contract as Exhibit "A". Refresh of CPU and OS will occur after 24 months with the then current CPU and OS, 2. PROJECT MANAGER FOR CLERK The Project Manager for the Clerk is Tanya Green at (561) 462-6901. 3. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Addendum in accordance with the Contract Documents, subject to adjustment by change order the total amount in current funds of two hundred seventy-one thousand two hundred sixteen and 0/100 ($271,216,00) dollars. The Clerk agrees to pay the county for all payments related to the purchase of Product for the Clerk in accordance with the September 18, 2001 Interlocal Agreement between the County and the Clerk. The remaining terms and conditions of the August 8,2001 Contract shall apply to the Addendum and shall remain in full force and effect, IN WITNESS WHEREOF. the parties hereto have accepted, made and executed this Addendum 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: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g: \otty \ogreemnt\Howord-oddendum -2- ;; WITNESSES: '-'" ......, CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA BY: JOANNE HOLMAN, CLERK HOWARD INDUSTRIES, INC. BY: Print Name g: \atty\agreemnt \Howard-ad dendum Title: -3- ~GENDA REQUEST ITE~O. C'A ~ DATE: September 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: Second Addendum to August 8, 2001 Contract between the County and Howard Industries, Inc. - State Attorney BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA nON: Staff recommends that the Board approve the Second Addendum and authorize the Chairman to sign the Second Addendum k] APPROVED [ ] DENIED [ ] OTHER: E: COMMISSION ACTION: ouglas Anderson County Administrator County Attorney: :Jl. Review and Approvals Management & Budget Purchasing: Originating Dept, Info. Tech. 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 . . I C.A. NO. 01-2183 DATE: September 13, 2001 SUBJECT: Second Addendum to August 8, 2001 Contract between the County and Howard Industries, Inc. - State Attorney ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On August 8, 2001, the County and Howard Industries, Inc. ("Howard") entered into a contract wherein the County agreed to purchase computers from Howard. The August 8 Contract provided that the County, in conjunction with other governmental entities may order additional computers from Howard to be paid for by the other governmental entities. In this regard, attached is a proposed Second Addendum to the August 8, 2001 Contract that would allow the County, on behalf of the State Attorney, to purchase 50 computers from Howard. The State Attorney would agree to pay the County for all costs associated with the purchase of the computers. The State Attorney's purchase would be funded through the County's Master Lease Agreement with SunTrust, RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Second Addendum and authorize the Chairman to sign the Second Addendum. DSM/caf Attachment .; '-" ......, SECOND ADDENDUM TO AUGUST 8, 2001 CONTRACT BETWEEN ST, LUCIE COUNTY AND HOWARD INDUSTRIES, INC. (STATE ATTORNEY) day of ,2001, . I , THIS SECOND ADDENDUM is dated this by and between ST. LUCIE COUNTY, hereinafter called the "COUNTY", and HOWARD INDUSTRIES, INC. hereinafter referred to as the ·CONTRACTOR"; and BRUCE COLTON, State Attorney for the Nineteenth Judicial Circuit hereinafter referred to as the "STATE ATTORNEY" . WITNESSETH: WHEREAS, the County and the Contractor entered into a Contract (the "Contract") on August 8, 2001, wherein the County agreed to purchase personal computers ("Product") from the Contractor; and WHEREAS, the August 8,2001 Contract provided that the County, in conjunction with other governmental entities within the County may order additional Product from the Contractor to be paid for and used by the other governmental entities; and WHEREAS, the State Attorney is desirous of purchasing Product from the Contractor in accordance with the August 8, 2001 Contract; and WHEREAS, the parties desire to amend the August 8, 2001 Contract to allow the State Attorney to purchase Product in accordance with the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: g: \atty\agreemnt\Howard-Zaddendum -1- , '-" '-' 1. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under the Addendum is providing installed 50 personal computers ("Product") with Windows Operating Systems and Microsoft Office Suite in accordance with Quote #KT224431 dated July 13, 2001 which is attached to and incorporated into the August 8, 2001 Contract as Exhibit· A". Refresh of CPU and OS will occur after 24 months with the then current CPU and OS. . J 2. PROJECT MANAGER FOR STATE ATTORNEY The Project Manager for the State Attorney is Bob Franklin (561) 465-1326; Nextel #201-1258. 3. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Addendum in accordance with the Contract Documents, subject to adjustment by change order the total amount in current funds of sixty-four thousand two hundred and a/lOa ($64,200.00) dollars. The State Attorney agrees to pay the County for all payments related to the purchase of the Product for the State Attorney in accordance with the September 18, 2001 Interlocal Agreement between the County and the State Attorney, The remaining terms and conditions of the August 8, 2001 Contract shall apply to the Addendum and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Addendum 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: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g; \atty \agreemnt \Haward-2addendum -2- WITNESSES: .'-' "'" STATE ATTORNEY FOR THE NINETEENTH JUDICIAL CIRCUIT BY: . ~ ~ BRUCE COLTON, STATE ATTORNEY HOW ARD INDUSTRIES, INC. BY: Print Name ~ g: \atty\agreemnt\Howard-2oddendum Title: WI ~ 1 I . -3- '" '-" "'-" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING . Date: September 11,2001 Tape 1 Convened: 9:00 a,m, Adjourned:l0:30 a.m, Commissioners Present: Chairman, Frannie Hutchinson, Doug Coward, PauIa A. Lewis(late arrival), Cliff Barnes, John D. Bruhn 4 Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation Director, Bill Blazak, Utilities Director, Beth Ryder, Community Services Director, PauI Phillips, Airport Director, David Rodriguez, Human Resources Director, Ray Wazny, Public Works Director, Dennis Wetzel, IT Director, Gayla Barwick, Tourism Director, Jim David, Mosquito ControI Director, Roger Shinn, CentraI Services Director, Sheriff Mascara, Don Cole, Acquisitions Manager, Don West, County Engineer, David Kelly, Planning Manager, Leo Cordeiro, Solid Waste Manager, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-026) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the meeting held on September 4,2001; and, upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENTA TIONS/ ANNOUNCEMENTS A. Presidents Commendation 2001 Grounds Crew Awards- Pete Keogh, Parks and Recreation Director, presented a plaque to the grounds crew at Thomas J. White Sports Complex. This award is detennined by the League Field Managers and Pitching Coaches ofthe Florida State League, ß. Resolution No. 01-201- Proclaiming the Week of September 10,200] through September 16,2001 as "Florida Industry Appreciation Week" and designating September 13,2001 as "Business and Industry Appreciation Day" in S1. Lucie County, Florida, It was moved by Com, Coward, seconded by Com. Bruhn, to approve Resolution No. 01-201; and, upon roll call, motion carried unanimously. C. Announcement- The BCC will hold a workshop to discuss Capital Projects and other budget issues today September II 2001. D. Announcement- The BCC will hold a workshop with the DEP September 11,2001 at 3:00 p.m. in Conference Room 3 to discuss Watershed Management and its relationship to developing and implementing Total Maximum Daily Loads in the St. Lucie and Loxahatchee River Basins. E. Announcement- The BCC will hold a workshop to discuss Airport Noise on September 28,2001 at 10:00 a.m, in the Commission Chambers. .. '-' ""'" F. Announcement- The St. Lucie County Legislative Delegation will meet Thursday, October 18,2001 from 9:00 a.m. to 5:00 p,m. in the County Commission Chambers. G. Announcement- The Final Budget Public hearing will be held on September 13,2001 at 5:05 p.m. in the Commission Chambers. H. Announcement- The Official Opening ofthe South County Regional Sports Stadium will be on September 28,2001 at 6:45 p,m, I. Announcement The Oxbow Eco Center will be open to the pubIic featuring the "Florida Your Back Yard" Exhibit on October 27 and October 28,2001. 1. Announcement/The November 20, 2001 BCC meeting has been rescheduled to 9:00 a,m., the November 27,2001, and December 25,2001 and January 1,2002 BCC meetings have been cancelled. *** Due to the catastrophe which took place today in New York City at the World Trade Center, it was the consensus of the Board to cancel the two workshops scheduled for today. 3. GENERAL PUBLIC COMMENTS Mr. Bob Bangert addressed the Board regarding the radar system for the airport and suggested the Board wait until the report is received. Com. Coward commented on the Law Enforcement Trust Fund and asked the Sheriff to consider utilizing some of these funds to assist various non-profit agencies. The County Attorney advised the Board that 15% of these funds are utilized for such programs, Com, Barnes requested a written report showing the utilization of the 15% ofthese funds, 4. CONSENT AGENDA (1-400) It was moved by Com. Lewis, seconded by Com, Coward, to approve the Consent Agenda with items C-5A; C-8 and C-13, being pulled; and, upon roll call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No, 49. 2. PARKS AND RECREATION A. Equipment Request No. 01-285/ Budget Amendment No. 01-175- The Board approved the equipment request and budget amendment f{)r the replacement of Motorola Radio PR 40-4786. B. Pepper Park Backstop- The Board approved the use of Park "A" Impact Fees in the amount of$6,000 to construct a softball field with backstop. C. Revised /Equipment Request No. OI-301 and No. 01-303- Budget Amendment No. 01- 185- The Board approved the equipment request and budget amendment to purchase a computcr and printer (or thc Savannas Rccrcation Area. D. Revised Equipment Request No. 01-105/Budget Amendment No. 01-181- The Board approved the equipment request and budget amendment for the additional funds needed to purchase a replacement computer for the Recreation Division Office. '" '-' ....,I 3. COUNTY ATTORNEY A. Permission to FiIe Suit- The Board approved peimission to allow the County Attorney to file suit against Richard and Angela Spikes to require the removaI of unserviceable vehicles and the termination of their operation pf an auto repair business in a residential neighborhood for property located at 110 1 Ha~an Road Ft. Pierce, Fla. 4 B. Allstate Litigation Expense- The Board approved transferring funds to cover litigation expenses. C. Resolution No. 01-202- The Board approved the resolution approving a financing lease with Sun Trust Leasing Corporation for the Purchase of Computers from Howard Computers. D. Non-Exclusive Agreement Extensions with Treasure Coast Refuse Corp, Choice Sanitation, Reelstone Development Corp. d/b/a Whispering Creek Village" Freedom Waste Removal, Overland Services, Inc., Waste Management, Florida Recycling Services and Ocean Resorts Co-Op- The Board approved the extensions and authorized the Chairman to sign the extensions. E. 2001 Economic Development Ad Valorem Tax Exemption Application- Liberty Medical Supply- The Board approved accepting the report from the Property Appraiser and granted permission to advertise Ordinance No. 01-16 for a public hearing on September 25,2001 at 9:00 a.m. or as soon thereafter as possible. 4. HUMAN RESOURCES Lincoln Reinsurance/John AIden Reinsurance Policy 10/01/01-10/01-02- The Board approved the renewal contract effective October 1, 2001 as set forth in the documentation and the implementation of the Beechstreet Wrap around network. 5. UTILITIES A. Equipment Request No. 01-295/Budget Amendment No.OI-180 - This item was pulled. B. Bid No, 01-035/Force Main Interconnect and Lift Station Renovations/South Hutchinson Island Utility District- The Board approved awarding the bid, consistent with Camp Dresser & McKee's recommendation to Hutchinson Island Utilities Service Corp., low bidder in the amount of $295,453 and authorized the Chairman to execute the contract as approved by the County Attorney. C. Work Authorization/South Hutchinson Island Utility District/Camp, Dresser & McKee- The Board approved the work authorization in an amount not to exceed $25,000. D. Legislative Project 0201 Grant Agreement- The Board authorized the Chairman to sign the grant agreement in the amount of $ 100,000 to complete Phase I of the Airport Industrial Park Wastewater Improvement Project LP0201. G. PUBLIC WORKS A. Engineering /South 25th St. Widening Project Midway Road to Edwards Road- The Board approved the agreement with Inwood Consulting Engineers in the amount of $1,219,258.94 for the design permitting and land acquisition and authorized the Chairman to sign the agreement. ß. Oxbow Eco-Center/Equipment Request No. 01-29ú/ßudget Amcndmcnt No. 01-182- The Board approved the equipment request and budget mllcndmcnt for thepurchasc of a counter for the gi fl store in the amount of $1 ,300, "" '-" >wi / C. Oxbow Eco-Center/Equipment Request No, OI'-297/Budget Amendment No. 01-183 The Board approved the equipment request and the budget amendment for the purchase of a SCGA Multi Media Projector for Powerpoint Presentations in the amount of$3,942. D. Oxbow Eco Center/Equipment Request No. 01-302/Budget Amendment No. 01-186- The Board approved the equipment request and the budget amendment for the purchase of a 4100 NT Printer in the amount of $1,650. . E. Solid WastelEquipment Request No, 01-298- The Board approved the equipment request for the purchase of a used trailer and tractor in the amount of $16,000 for use at the Baling Facility at the Glades Road Landfill. 7. ADMINISTRATION Lobbyist Services- The Board approved entering into an agreement with Ronald L. Book, P.A. and the Rubin Group, Inc., for Lobbyist Services ITom October 1,2001 through October 1, 2002 in an amount not to exceed $87,500 including out 'ofpocket expenses, 8. SHERlFF'S OFFICE Law Enforcement Trust Fund- This item Was pulled, 9. MANAGEMENT AND BUDGET DUI Specialist Grant Application on Behalf ofthe St. Lucie County Sheriffs Office- The Board approved the grant application and authorized the County Administrator to sign the appIication. 10, INVESTMENT FOR THE FUTURE Recreation Design and Construction/Third Amendment to Contract No. C-99-12-I13- The Board approved the Third Amendment and authorized the Chairman to sign the amendment thereby allowing the contractor ample time to complete the new parking lot and entrance at Ocean Bay Preserve, REGULAR AGENDA 5. COUNTY ATTORNEY (1-505) A. ResoIution No. 01-1 98/Right of Way Abandonment/Holm Road- Consider staff recommendation to approve the resolution, instruct staff to publish the final Notice of Abandonment, and record the resolution, Proof of Publication of the Notice of Public Hearing and Notice of Abandonment, in the Public Records of St. Lucie County, Florida It was moved by Com. Bruhn, seconded by Com, Coward, to approve Resolution No. 01-198; and, upon roll call, motion carried unanimously, B. 2001 Economic Development Ad Valorem Tax Exemption AppIication/TJ Truss Corp, Consider staIr recommendation to adopt Ordinance No. 01-14 as drafled, It was moved by Com, Coward, seconded by Com. Bruhn, to adopt Ordinance No. 01-14; and, upon roll call, motion carried unanimously. C. 2001 Economic Development Ad Valorem Tax Exemption Application/Twin Vee Powercats, Inc.,- Consider staff recommendation to adopt Ordinance No. 0 I -15 as drafted. "' '-' ...., It was moved by Com. Barnes, seconded by Com. Bruhn, to adopt Ordinance No. OI-IS; and, upon roll caB, motion carried unanimously. D. 200I Economic Development Þ..c!Vl'-lorem Tax Exemption ApplicationlMatt Stone East, Inc,- Consider staff recommendation to adopt Ordinanc(;; No. 01-17- , It was moved by Com. Coward, seconded by Com. Bruhn, to adopt Ordinance No. 01-17; and, upon roll call, motion carried unanimously. . E. 2001 Economic Development Ad Valorem Tax Exemption Application / County Electric Supply Co. Ud d/b/a TamIite Lighting- Consider staff recommendation to adopt Ordinance No, 01- I 9 as drafted. It was moved by Com. Barnes, seconded by Com. Bruhn, to adopt Ordinance No. 01-19; and, upon roll call, motion carried unanimoudy. 4 F. 2001 Economic Development Ad Valorem Ta-x Exemption Application/Convergys Customer Management Group Inc.,- Consider staff recommendation to adopt Ordinance No. 01-20 as drafted, It was moved by Com, Bruhn, seconded by Com. Coward, to adopt Ordinance No. OI-20; and, upon roll call, motion carried unanimously, G. 2001 Economic Development Ad Valorem Tax Exemption Application/Florida Marble Industries Inc.,= Consider staff recommendation to adopt Ordinance No. 01-18 s drafted. It was moved by Com. Lewis, seconded by Com. Bruhn, to adopt Ordinance No. 01-18; and, upon roll call, motion carried unanimously. COMMUNITY DEVELOPMENT H. Development Agreement DV A 01-001- Consider staff recommendation to approve the development agreement between the BCC of St. Lucie County Florida and the Westchester Development Company respecting the project to be known as the Westchester Development of Regional Impact. (2nd public hearing). It was moved by Com, Bruhn, secortded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously, 6. PUBLIC WORKS (1-1478) A. Resolution No. 0 1-162/South Hutchinson Island Regional Wastewater Management System/South District MSBU Construction of Regional Wastewater Treatment, Collection and Re-use Water System- Consider staff recommendation to adopt the resolution approving the Final Assessment Roll. . It was moved by Com. Bruhn, seconded by Com, L~wis, to approve Resolution No. 01-162; and, upon roll call, motion carried unanimousIy. B. Resolution No. 01-163- South Hutr-hinson I::;laµd RegionaI Wastewater Management System! North District MSBU/Construction of a Regior..al Wastewater Treatment Plant Facility/Reservation of Plant Capacity- Consider staff recommendation to adopt the resoIution approving the FinaI Assessment Roll. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. OI-I63; and, upon roll call, motion carried unanimously. C. Resolution No. 01-164/South Hutchinson Island Regional Wastewater Management System /North District MSBU/Collection, Transmission and Disposal Facilities - ""' '-'" ....,,¡ Consider stafTrecommcndation to adopt the resolution approving the Final Assessment Roll. It was moved by Com, Bruhn, seconded by Com, Lewis, to approve Resolution No. 01-164; and, upon roll call, motion carried unanimously. 7. COMMUNITY DEVELOPMENT (1-1786) ResoIution No. 0 1-133/Pine Summit Apartn1ents~ Consider staff recommendation to approve the resolution granting a Major Site Plan Approval' for the project to be known as Pine Summit Apartments with the stated conditions. . Staff advised the Board that condition # 4 has been modified. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No,Ol-133 as modified; and, upon roll call, motion carried unanimously. t 9. COUNTY ATTORNEY (1-1933) ResoIution No. 0l-I02/Purchasing Manual Revision- Consider staff recommendation to adopt the resolution and authorized the Chainnan to sign the resolution, It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 01-102 as amended; and, upon roll call, motion cai'ried unanimously. 8. AIRPORT (1-2136) Proposed Airport Radar System- Consider staff recommendation to approve the use of $25,000 from Airport reserves for HNTB to analyze the proposed radar system options at St. Lucie County International Airport. This report will provide guidance as to the most appropriate action to provide low level radar coverage at the Airport, The report will be presented to the Board in December. Mr. Randy Jones, pilot addressed the Board regarding the need for this radar system and the close encounters planes have had at the airport. It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. 10. Bi-Weekly Committee Reports- 'i'heBoard gave updat~<; on the various committees and advisory boards that they serve 011. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court '-' ""wtII -#1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA t TENTATIVE BUDGET PUBLIC HEARING . Date: September 6,2001 Tape: I Convened: 5:05 p.m. Adjoumed: 5:55 p.m. . Commissioners Present Chairman, Frannie Hutchinson, Doug Coward, John, D, Bruhn, Cliff Barnes, Paula A. Lewis Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, Management and Budget Director Pete Keogh, Parks and Recreation Director, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Jack Southard, Public Safety Director, Dennis Murphy, Interim Community Development Director, Jim David, Mosquito ControI Director, Dennis Wetzel, Information Technology Director, David Rodriguez, Human Resources Director, Susan Kilmer, Library Director, Roger Shinn, CentraI Services Director, Paul Hiott, Veterans Services Director, JoAnne Holman, CIerk of Courts, Chris Hartley, Finance Director, Bill Blazak, Utilities Director, JoAnn Baker, Human Resources Manager Clerk, Leo Corderio, Solid Waste Manager, Joe Finnegan, Risk Manager, A. Millie Delgado, Deputy Clerk 1. The Management and Budget Director made opening remarks and reviewed the agenda. 2. Rolled Back Millage Rate: The Managemcnt and Budgct Dircctor addressed the Rolled Back Millage Rate. 3. Errata and Substantive Changes The Management and Budget Director addressed these changes { attached). 4. Public Hearing Mr. AI Rivett, Chamber of Commerce, addressed the Board in opposition to utilizing TDC dollars for the Marine facility. Mr. Rivctt distributed a letter from Ms. Vickie Spencer, FPL and also a member of the St. Lucie County Chamber of Commerce Tourism Committee, stating her opposition to the use ofTDC funds for the Marine center. -1- '-' -.I t Erratta and Substantive Changes: Memorandum 01-52 - October 1 payroll increase (3%) OMS internal memo dated September 4. 2001 1. Mosquito Control FSF increase due to anticipated encumbrance carried forward. 4 Impact: Increase of $32,000 in the Mosquito District budget 2. County Extension payroll increase Impact: Increase of $4,020 in County Extension budget 3. Adjustments to grants due to amendments/extensions and adding two new grants we recently received. Impact: Increase in the various budgets totaling $1,321,920. There are no requirements for additional matching funds from the Board. While reviewing the additional approved capital projects approved by the Board, the Office of Management & Budget identified a need to increase the anticipated transfer into the Arts In Public Places by $36,507. . Impact: Increase the Arts In Public Plac~s Trust Fund by $36.507 The Board approved adding an Electrician to be used and funded by Parks, Utilities and the Sports Complex. To simplify payroll, OMB recommends transferring the amounts funded by the Sports Complex and the Utilities Department into the General Fund, The position will then be funded in the General Fund. Impact: Increase the General Fund by $41,372 \ \ '-' 'WI The Environmental Lands Debt Service Fund is accruing a significant amount of cash which is in excess of what is needed to service the debt. OMS recommends the following: 1) Reducing the FY 2002 millage from .2500 to .1864 to bring the amount of Ad Valorem taxes collected closer to what is actually needed to pay the debt. 2) Transfer $3.0 million from the ESL debt service fund into the ESL project fund. This would leave a reserve of $431 ,562is sufficient to satisfy the bond covenant. Impact: The Environmental Land Debt Service Fund will decrease by $720.201 to $5,047,204, 4 Impact: The Environmental Land Capital Fund will increase by $3.0 million to $9,750,610. Total Impact: $4,390,427 $ 720,201 $3.670,226 Total Increase: Total Decrease: . '-' """'" HUMAN RESOURCES MEMORANDUM 01-52 TO: Marie Gouin Management & Budget Director FROM: Patricia Clute Employee & labor Relations Manager ~ DATE: Sept. 4, 2001 SUBJECT: October 1 Increase 4 Each year the Board of County Commissioners decides as part of the budget process the increase slated for the new year. For the budget year 2001-2002 which will begin Oct. 1, 2001, staff recommends a three percent (3%) across-the-board increase for all full time and part time employees (with benefits). For payroll purposes, the increase will be effective Sept. 30, 2001. As recommended in the salary survey and approved by the Board of County Commissioners, the pay ranges will be adjusted by 3% across the board. If an employee is at the top of their pay range for his/her position or the increase will exceed the top of the pay range, they will receive the full amount of the increase. Newly hired employees who are in their initial evaluation period shall not be eligible for the 3% increase (unless they fall below the bottom of the pay grade.) Employees in a promotion evaluation period will be eligible for the 3% increase. \ \ \ .' . '-' '-' OFFICE OF MANAGEMENT & BUDGET TO: Gary Perdew, Principal Budget Analyst FROM: Mika Gorniewicz, Budget Analyst DATE: Se~ember4,2001 SUBJECT: FY02 Budget Adjustments for the 9/6/01 BOCC public hearing . Gary, In addition to the grant adjustments, I would like to get Board's OK on the following FY02 budget increases: 1. $32,000 Mosquito Control - request to increase Fund Balance Forward and Encumbrances Carried Forward due to the fact that a contractual payment scheduled for September of 2001 will take place in FY02. Accounts: 145-0000-389902-000 and 145-9910-599900-800. 2. $4,020 County Extension Office - request to increase payroll budgets to provide County matching funds for state salary increases granted to Anita Neal and Jack Hebb. Account: 001-3715-512000-300 Thank you! H:\MIKA\MEMO,wpd , , 1..:..:~1~"::1'::::'-'':::'::':1111'''''''\,J"" 1..<11""'1'"'11.,1'1"""-4 .....~Utl....~ I \Ja.. " '. -' ---- '-" '-' From: To: Date: Subject: Jim David Maria Gorniewicz 8/8/01 4:51PM approved Budget FY'02 Please note the following needs that should be taken care of once the approved budget is set: 1) $32,000.00 will be encumbered past Sep 30, 2001 and into the new fiscal year (In 145-6230-531000-695016) if the MCD Board takes the action requested concerning the Bear Point Mitbank permit - Hazen and Sawyer Work Authorization. Therefore. the approved budget would need to reflect the 32 k increase in the projected FBF on the revenue side, and 32 k in additional encumbrance carried forward monies on the expense side. 2) Payoff of the lift truck needs to be appropriately budgeted, as well. Thanks. 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I- LU C> a :::¡ co N o >- U. \ \ L.-'_"___"._ ....... ...,; From: To: Date: Subject: Maria Gorniewicz Gary Perdew 8/28/01 1 :37PM FY02 Budget Adjustments Gary, I have three major budget Increases thÐt the Board should be informed of and hopefully approve during the tentative budget hearings in September of 2001: .1. $4,020 additional payroll budget is needed in Agriculture 001-3715 to provide county matches for state raises granted to Anita Neal and Jack Hebb. 2, $32,000 increase Mosquito FBF and Encum. Carried Fwd. Jim David is not going to be åble to finalize a Bear Point contract in FY01 and is asking us to carry the budget item line and the matching cash into the FY02. 3. $1,321,920 in grants adjustments including newly received grants and extended or amended grants. The matches required for 2 grants are already budgeted and no additional County money will be needed for these projects. . I have a ,full back up for the above changes. Please let me know if you need any additional paperwork related to these changes. Thank you! cc: Marie Gouin GR~ ADJUSTEMENTS FOR I Ht: FY02 BUDGET "wtI 28,Aug·01 CURRENTLY BUOGETED FY02 SHOULD 8E NeT CHANGE LOCAL MATCH REASON OEPT FUND GRANT NAME REvENue EXPENSES REVENUE EXPENses REVENUE EXPENses IMPACT Central Srvcs 001006 FBIP 2001 70.000 70.000 110.000 110.000 40.000 40,000 0 H¡':;-her allocation Comm. Srvcs 001129 Section 5307 390.998 413.998 253.897 278.897 ~137 101 1137,101 0 Funds eX;;-ended in FY01 Ccnlrnl Srvcs 001133 Cons.I.. Plants 22.200 22.200 3.000 3.000 119200 '19.200\ 0 Funds oxoended in FY01 Comm. Dev 001140 MPO 426.496 452.077 250,000 275.552 /176496 1176.525\ 129 lower allocation Central SNCS . 001229 FBIP 1997 160,000 1130.000 125,000 125.000 135,000 135.0001 0 Funds exnended in FY01 Comm. SrlCS 001266 TOC TRIP 200.000 221.101 169,912 211,013 /10.088 /10.088\ 0 Lower allocation Public Safely 001268 HazM<Jt 20,000 20,000 7,7ü9 7,769 112231 /12.2311 0 Lawor illloc¡)tjon Comm. Srvcs 001270 Juvenile Grant 0 0 100.000 100,000 100,000 100,000 0 New Grant Parks & Rec 001271 Museum Grant 0 0 10.768 10.768 10.768 10,768 0 New Granl Public Works 101210 New Health 43.688 43.686 19.967 19.967 Bldg 123.721 123,721' 0 New Grant Public Works 101211 Canal Retrofit 112.361 303.332 292.214 530.066 179.653 226,734 46881 Exnansion of Ihe nreiect Public Works 101212 25th Slreet 0 0 600.000 600,000 600.000 600.000 0 New Granl Shelln 107124 Vesls 5.668 5,668 2.271 2.271 13,397' (3.397 0 New Granl Airpor1 140316 Fire Equipment 0 100.000 400.000 500.000 400.000 400.000 0 New Grant Airport 140317 Taxiway "A" 0 55.000 220.000 275.000 220 000 220.000 0 New Grant Airport 140318 Security Fence 0 8.333 8.333 16.666 8333 8.333 0 New Grant Court 183106 DRO Officer 97,552 122,680 85,358 112,333 (12194 (10,347 1647 Granl amonded Court 163211 Tralfic Officer 0 0 1.000 2.000 1000 1,000 0 Extension Granted Court 183214 Traffic Officer 15.000 15.000 10.746 10.746 /4.254 /4254\ 0 Lower allocation Public Works 184803 Erosion 4.3~2 4.352 0 0 /4.352 r4,352' Prolect com"leted In FY01 Modeling 0 Central Srvcs 316201 eKUAt' 0 0 200.000 200.000 200,000 200,000 0 New Grant Savannas TOTALS' 1321.920 1.370.619 48.699 G:\8UDGEnOUA TTROI02 budgellGeneral\GranlsBudget wb3 08/26101 ..... ....,,; OFFICE OF MANAGEMENT & BUDGET TO: Marie Gouin, Director FROM: Gary Perdew, Principal Budget Analyst SUBJECT: Adjustment to the Tentative Budget DATE: September 4, 2001 . While reviewing the Transfer-In/Out amounts I noticed there was a disparity between the County Capital Fund and the Árts in Public Places Trust Fund. It appears that we budgeted a transfer to the trust fund to cover the additional projects approved by the board, but did not budget an equal amount in the trust fund, Please advise the Board and the public of this during the Public Hearing on the 6th of September and ask them to approve the increase in the Arts in Public Places Trust fund by $36,507 G:\BUDG En WP\MEMOS\FORMGMP. wpd '-' -....,¡I ESL I & S FUND - FY 2002 BUDGET REVENUES: TAXES INTEREST FUND BALANCE LESS 5 PERCENT 0.1864 1,618,121.00 50,000.00 3,462,489.00 (83.406.00) 5,047,204.00 EXPENSES: TAX COLLECTOR. PROPERTY APPRAISER P & I TRANSFER TO FUND 382 RESERVES 32,362.00 35,170.00 1,548,110.00 . '. Se~-06-~' "~:53P ener~v encounter 407 467 6575 P.Ol '-" '..,I FPL Energy Encounter. 6501 S, DCllan Drive. Jensen Boach. FL 34951 G FPL '- September 6,2001 Frannie Hutchinson, Chairperson St. Lucie County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Ms, Hutchinson: As a member of the St. Lucie County Chamber of Commerce Tourism Committee, I would like to voice my opposition of plans to use $20,000 in tourist taxes to fund operations at the St. Lucie County Marine Center. Currently the TOC receives 1 of the 4 cents of resort tax levied to market St. Lucie County for the purpose of Increasing tourism. The other 3 cents is used to rotire dobt and pay for operational and maintenance expenses of the Mets stadium. Taking additional funds from the TDC's budget to assist one specific educational center sets quite a precedent. Although the Commission's proposal was created with good intent, the total effects of using these taxes in this way are short-term, and negative '~ repercussions can result. Funding the 51. Lucie County Marine Center would open the door for other requests for tourism dollars. . 4 The TDC stimulates economic activity across 51. Lucie County. generating an indirect contribution equal, I believe, to 100% of direct output. However, when money is removed from the TDC, the effectiveness of their efforts is reduced. On the other hand, if tax revenues generated by tourism taxes are used to directly develop and promote travel and tourism in 51. Lucie County, the multiplier effect can actually be enhanced. . Tourists bring dollars to 51. Lucie County, but we must spend MORE advertising and marketing dollars to bring in those tourists, not LESS. If we continue to cut into those dollars, it will mean fewer dollars in the long run. I urge you and the Commission to rethink this proposal to take $20,000 trom the TOC budget. Sincerely, Kdu: ~. Vicki Spencer Director - an FPl Group componv '-' ...., 5. Board Discussion Com, Coward concurred with Mr. Rivett and Ms, Spencer and stated that these funds should be placed back into the TDC funds and $20,000 should come from the unanticipated extra dollars the county has this year. When he agreed to the $20,000 allocation from the TDC funds, he county at that time had a different budget outlook. Com. Barnes stated he felt the TDC funds should be allocated for this center since it was a tourist attraction and felt that these funds should be for good projects which promote the county and not just for marketing purposes, Com. Bruhn stated the visited Monroe County and found that H"~y used the same type of funds to enhance their county and felt this was not any different than the Sports Commission being allocated $25,000 from this fund. . Com. Hutchinson commented on what the TDC could do with these funds according to statute. The County Attorney advised the Board that the TDC makes recommendations to the Board regarding the use of the funds, however, the Board has the authority to state where these funds can be used, Com. Lewis stated she felt this was an appropriate use of the funds. It was moved by Com. Coward to provide the $20,000 from the unanticipated funds and return the $20,000 back to the TDC budget; Motion died for lack of second. . 6. Reading of Millage Ratcs and BudgGts The Management and Budget Directm' read the Millage Rates into the record, A, Rolled Back Rate: The rolled back rate is 8. I207. B, MILLAGE AND FUND BUD"GETS OPERATING FUNDS WITH MILLAGES: MILLAGE BUDGET General Fund Fine and Forfeiture Fund 2.9639 4.6155 63,133,732 49,276,743 DEBT SERVICE FUNDS: Beach Bond I & S Port I & S Environmental Land I & S South County RegionaI Stadium Communication System I & S 5 Year Building Bond I & S Jail Bond I & S Becker Road I & S Tourism Dev. 4th Cent I & S 0.1284 0,0377 0,1864 1,380,314 617,771 5,047,204 54,704 1,219,259 6,063,305 168,384 714,690 653,569 -¿- '-" ,..." / , OTHER FUNDS WITHOUT MILLAGES SPECIAL REVENUE FUNDS: Transportation Trust Fund 29,904,216 Grants and Donations 298,770 Library Special Grant Funds 346,589 Additional Court Costs 229,000 Arts Special Fund 5,461 Drug Abuse Trust Fund 9,140 Port and Airport Fund 10,373,171 Port MSBU 153,I15 Plan Maintenance RAD 225,000 Court Facilities Fund 641,322 . Court Facilities fund Court Costs 21,100 Court Administration 19th Circuit 1,511,458 Housing Finance Authority 57,095 4 Environmental Lands 0 Housing Assistance Ship Program 903,124 Recycling Operating Fund 294,000 CAPITAL OUTLAY FUNDS: South County Regional Stadium 37,000 Communication System 870,146 Beach Bond 252,017 Impact Fee Fund 3,878,677 5 Year Building Bond Fund 783,890 County & Transportation Capital 15,827,865 Port Development Capital 214,539 4 SRI Wastewater Treatment 369,550 Sports Complex Improvements 119,504 Environmental Land Capital 6,750,610 ENTERPRISE FUNDS Solid Waste Operations 23,441,700 Golf Course 2,794,215 Sports Complex 1,503,808 Building Code Fund 2,618,275 HEW Utilities 61,241 No. Hutchinson Utilities 3,049,800 No. Hutchinson Utilities Renewal/Repl 508,440 No. Hutchinson Utilities Capital 1,660,200 So. Hutchinson Utilities 2,600,525 Holiday Pines Operations I, I 64,330 Holiday Pines Renewal/Repl 327,750 Holiday Pines Capital 68,049 INTERNAL SERVICE FUNDS: Information Technology Fund 1,026,662 Insurance & Loss Fund 8,356,560 TRUST FUNDS: Two-Cent Tourist Development 928,560 One Cent Tourist Development 532,416 -3- '-r' Law Enforcement Trust Fund Law Library Arts in Public Places Trust Fund SLC Economic Dev. Trust Fund FFA Road MSBU Fund (Debt Service) South Hutchinson Fund (Debt Service) Driftwood Manor Fund (Debt Service) King Orange MSBU(Debt Service) Lost Tree Estates MSBU (Debt Service) Anita Street MSBU (Debt Service) Timberlake Estates MSBU (Debt Service) North AlA MSBU (Debt Service) Ideal Holding Road MSBU (Debt Service) Westglen MSBU (Debt Service) Raintree Forest MSBU (Debt Service) ......" 1,116,158 275,220 92,649 188,000 17,438 692,738 I5,785 9,750 2,754 2,056 14,805 9,889 10,594 16,773 7,127 . It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the mill ages for funds under the County Commission as amended in the tentative budget as listed and stated in the Eratta ; upon roll call, motion carried unanimously. 4 \ c. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the budgets for funds as amended under the County Commission as identified in the Eratta; and, upon roll call, motion carried unanimously. D. 7. MILLAGES OF THE SPECIAL DISTRICTS SPECIAL DISTRICTS: STREET LIGHTING DISTRICTS # 1 #2 #3 #4 #5 #6 #7 #8 #9 tflO #11 #I2 #13 #I6 #126 0.3803 0.6835 0.7248 0.4513 0.6129 0.5436 0.5673 1.3222 0.1946 0.1015 O.GL!·91 0.1234 0.0944 0.5095 0.5722 39,636 7,983 3,132 6,738 6,599 7,646 1,936 IO,855 11,287 2,335 861 13,368 3,932 10,276 1,706 t It was moved by Com, Coward, seconded by C~P-¡. Lewis, to approve the millage on the special districts as listed; and upon roll call, motion carried unanimously. It was moved by Com. Barnes, seconded by Com, Bruhn, to approve the proposed budget for the special districts; and, upon roll call, motion carried unanimously. 8. MILLAGES AND BUDGETS OF THE MUNICIPAL SERVICE TAXING DISTRICTS MSTU Unincorporated Area MSTU Storm Water MSTU Law Enforcement 0.3959 0.3500 0.3062 3,266,663 4,321,261 1,384,513 -~,- '-' .-..,,; Monte Carlo Lighting MSTU # 4 MSTU Palm Lakes Gardens Longwood Estates MSTU The Woods MSTU Pine Hollow Street Lighting MSTU Kings Highway Industrial Park Lighting Lakewood Park MSBU Twin Oaks Trail Fund Becker Road Briargate MSBU CapitaI Rouse Road MSBU Capital Treas Cove Ocean Harbor Fund Raintree Forest MSBU Capital Lennard Raod MSBU (Road)Capital Lennard Road MSBU (Water) Capital Lennard Road MSBU (Sewer)Capital 0.3125 0.2491 20,002 1,622 2,753 7,871 5,682 26,425 12,769 6,382 213,198 34,000 87,713 83,944 I8,640 412,604 78,189 36,497 t . It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the MSTU Millage Funds; and, upon roll call, motion carried unanimously, ¡ It was moved by Com. Coward, seconded by Com. Bruhn, to approve the proposed budgets covering the MSTU Funds; and, upon roll call, motion carried unanimously. RESOLUTION NO. 01-199- Fixing FY 2001-2002 Tentative Millage Rates: It was moved by Com. Coward, seconded by Com. Barnes, to approve Resolution No. 01-199; and, upon roll call, motion carried unanimously. RESOLUTION NO.. 01-200- Fixing Tentative FY 2001-200 I Budget: t It w~'s moved by Com. ßmncs, sccondcd by Com. Bruhn, to approve Resolution No. 01-200; 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 -5- ~ '-' AGENDA REQUEST '-" ITEM NO. ~ DATE: September 18, 2001 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Academy Drive MSBU - Second Public Hearing Potable Water Improvements - F.P.U.A. BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: June 13, 2000 - Board accepted petition and granted permission to advertise the Initial Public Hearing July 18, 2000 - Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project December 5, 2000 - Board stated it's intent to use the uniform method of collecting non-ad valorem special assessments August 21, 2001 - Board granted permission to advertise 2nd Public Hearing RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-203 to levy a non-ad valorem special assessment on the Academy Drive MSBU; approve the attached preliminary assessment roll; authorize the County Engineer to proceed with construction of the Project; and approve funding the project using the MSBU In-house Revolving Loan Program. COMMISSION ACTION: [2\l APPROVED [ ] OTHER: 5-0 [ ] DENIED 1/, v':'" (x]County Attorney ['1'"";0 w@,:.f,t, , [x ]Fmance ._~_ coordinatlon/~ ~ [x]Mgt. & Budget 1# M IX ¡Co. Eng [ JPurchasing []Other '- ..."., COMMISSION REVIEW: September 18, 2001 TO: Board of County Commissioners FROM: Donald B. West, County Engineer ~ DATE: September 7, 2001 SUBJECT: Academy Drive MSBU - Second Public Hearing BACKGROUND: The property owners of the Academy Drive MSBU 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 water system would be owned, constructed and maintained by the Fort Pierce Utilities Authority. The initial MSBU boundary consisted of eight (8) lots and the petition represented fifty . (50%) percent. ~ On March 8, 2001, the property owners were notified by mail of their tentative assessment and that a \ second informal meeting would be held on March 22, 2001 to further discuss the project. The notification I also stated that the County Engineer would proceed directly to the Second Public Hearing recommending adoption of the assessment roll and to commence construction of the project. The second informal meeting was held with County staff and FPUA representatives on hand to discuss the construction layout and design of the water system, the method of assessment, and the tentative assessment amount. One of the property owners who owns three (3) vacant lots within the MSBU, has stated his refusal to pay his property taxes and the special assessment if levied. The initial MSBU petitioners still fully support the project and requested County and FPUA staff to omit those parcels from the MSBU as necessary to proceed with the project. Staff agreed and the design has been revised to eliminate any benefit to those properties. The method of assessment is based upon the "Equivalent Residential Connection" (ERG) method, which means an equal charge per residential dwelling unit. The total assessment is $17,735.07 excluding interest. Since this project meets the criteria for In-house financing, staff recommends that the Project be financed through the County's In-house Loan Program for a period of ten (10) years, beginning November, 2001. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-203 to levy a non-ad valorem special assessment on the Academy Drive MSBU; approve the attached preliminary assessment roll; authorize the County Engineer to proceed with construction of the Project; and approve funding the project using the MSBU In-house Revolving Loan Program. DBW/bp cc: Staff Concurring Linda Smith, Tax Collector Supr/Data Base Adm Property Appraiser '-' ""-' RESOLUTION NO. 01-203 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA: DETERMINING THAT THE PROPOSED SPECIAL ASSESSMENTS FOR THE ACADEMY DRIVE MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COST OF A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE ACADEMY DRIVE MUNICIPAL SERVICES BENEFIT UNIT ARE JUST AND RIGHT; APPROVING AND CONFIRMING THE PRELIMINARY ASSESSMENT ROLL BASED ON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; LEVYING A NON-AD VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE ACADEMY DRIVE MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVED ROLL; AUTHORIZING COLLECTION OF THE SPECIAL ASSESSMENT BY THE UNIFORM METHOD OF COLLECTION; REVISING THE BOUNDARIES OF THE ACADEMY DRIVE MUNICIPAL SERVICES BENEFIT UNIT; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 18, 2000 based on the petition of fifty (50%) percent of the landowners pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 00-154 which created the Academy Drive Municipal Services Benefit Unit (the "Academy Drive MSBU") to levy non-ad valorem special assessments based on the equivalent residential connection method of assessment to fund the cost of a project to provide potable water improvements to properties within the boundaries of the Academy Drive MSBU in unincorporated St. Lucie County, Florida (the "Project"), and authorized the St. Lucie County Director of Engineering (the "County Engineer") to proceed with the Project pursuant to the procedures set forth in Section 1-13.5 of the Code; and WHEREAS, on December 5, 2000 pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 00-235 stating the Board's intent to use the uniform method of collecting non-ad valorem special assessments levied by a proposed Academy Drive Municipal Services Benefit Unit; and WHEREAS, on September 18, 2001 pursuant to Chapter 1-13.5 of the Code and Chapter 125 and Section 197.3632, Florida Statutes, the Board held a duly noticed and advertised second public hearing to consider propriety and advisability of the Project and to act as an equalizing board to consider the comments of affected land owners and other interested persons concerning the preliminary assessment roll for the Academy Drive MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and -1- '-' "wi WHEREAS, the limits of the Academy Drive MSBU, as previously described in Resolution No. 00-154, have been revised to exclude certain properties within the boundaries of the Academy Drive MSBU. The attached Exhibit "C" depicts the revised boundary; and WHEREAS, after considering the comments of all interested persons, the Board has determined that the special assessments as set forth on the preliminary assessment roll for the Academy Drive MSBU, attached hereto as Exhibit "B", are just and equitable. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: The revised boundaries of the Academy Drive MSBU which include the real property to be specially assessed to fund the cost of the Project are shown on the attached Exhibit "C". Section 2: The Project to be funded by a non-ad valorem special assessment levied by the Academy Drive MSBU is to provide potable water improvements to properties within the Academy Drive MSBU in unincorporated St. Lucie County, Florida. Section 3: The method of assessment for the potable water improvements shall be based on the equivalent residential connection method of assessment such that each property within the Academy Drive MSBU shall share equally in the cost of the potable water improvements and that the amount of the assessment does not exceed the benefit to the properties derived from the improvements. Section 4: The preliminary assessment roll (Exhibit "B") for the Academy Drive MSBU is hereby approved and confirmed and the assessment shall stand as a lien against the benefitted properties until satisfied. Section 5: A non-ad valorem special assessment (the "Special Assessment") in the total estimated amount of $25,250.75, which includes interest, to fund the Project as shown on the plans and specifications prepared by the County is hereby levied on the real property within the Academy Drive MSBU (Exhibit "C") in the amounts set forth on the preliminary assessment roll attached as Exhibit "B". Section 6: The Special Assessment shall be collected by the uniform method of collection pursuant to Sections 197.3632 and 197.3635, Florida Statutes, as authorized by Chapter 1-13.5 of the Code beginning in November 2001 for a period of ten (10) years. Section 7: The County Engineer is authorized to continue with the Project. Section 8: Upon the completion of Project, the County Engineer shall report the -2- '-' "'" actual cost to the Board, and the Board shall confirm a final assessment roll with such adjustments as may be necessary in accordance with the provisions of Chapter 1-13.5 of the Code. Section 9. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Cliff Barnes Commissioner Paula Lewis 4 Commissioner John Bruhn PASSED AND DULY ADOPTED this 18th day of September, 2001 . ATTEST: BOARD OF COUNTY COMMISSIONERS ST. 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'" '" '" '" '" § CD III Q ~ ~ ~ ~ ~ .. ¡; " '" .. 0 ... 0 0 0 0 0 3 !!. c: ¡" ¡" 0, 0, 0, 0, CD a '" w w w w w a ø :I> 1 :x- '" <fl <fl <fl <fl <fl -::; 3 Ù1 :J '" '" '" '" '" 0 3 :J '" 0 0 0 0 0 .9 c: c: '" '" '" '" '" '" CD '" '= '= '= '= '= a a !!!. .... €. :Þ ... .. N <fl <fl <fl <fl ffl .. '" '" '" '" '" '" -::; :r CD -; N a a a a a ¡¡;' .. 0 '" '" '" '" '" '" -= .. æ: 0 9 9 9 9 9 ;;; 3 :.., ~ ~ ~ !:l CD '" '" '" '" '" '" a . , '" ~ >.",I ITEM NO. 513 AGENDA REQUEST DATE: September 18, 2001 REGULAR [ ] PUBLIC HEARING [X ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: Grey Twig Lane M.S.B.U. Initial Public Hearing Potable Water Improvements - PSL Utilities BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: August 14, 2001 - Board accepted petition and granted permission to advertise the Initial Public Hearing RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-204 creating the Grey Twig Lane M.S.B.U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Port St. Lucie. COMMISSION ACTION: k] APPROVED [] DENIED [ ] OTHER: 5-0 [x]County Attorney ,."",,," W""'@ £¿v [x ]Finance LCP Coordi nation/Sianatu res [x ]Mgt. & Budget !It£J1n 1"6 [ ]Purchasing [x ]Co. Eng [JOther \w '-' COMMISSION REVIEW: September 11, 2001 TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald B. West, County Engineer September 10, 2001 Grey Twig Lane MSBU Initial Public Hearing Potable Water Improvements - PSL Utilities BACKGROUND The property owners on Grey Twig Lane have 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 water system would be provided by Port St. Lucie Utilities. The petition received represents that seventy four (74%) percent of the property owners support the project. An informal meeting was held on June 28, 2001 to explain the MSBU process and preliminary design, and to provide the residents with an rough estimate of the project cost. Based upon the consensus of opinion of those present at the meeting, it was determined that the County proceed with the project. Grey Twig Lane is located west of South 25th Street, just south of Midway Road, and lies within the unincorporated limits of the County. Therefore, in order to create the M.S.B.U, for potable water service provided by Port St. Lucie Utilities, the County must first enter into an interlocal agreement with the City of Port St. Lucie and Port St. Lucie Utilities. This agreement will establish parties responsibilities with respect to this specific project. Under this agreement, the County agrees to (1) assess the property owners for the municipal improvements, and (2) be responsible for the design, permitting, construction, and inspection of the project, and (3) administration of the MSBU. Upon completion, Port St. Lucie Utilities will accept the system for maintenance and ownership. . I The improvements will consist of an eight inch water main with fire hydrants to meet current fire protection requirements, The method of assessment for the potable water improvements shall be based upon the "Equivalent Residential Connection" (ERG) method, whereas each property owner is assessed equally for the improvements. The estimated project cost, including tax collector fees, is $154,000.00. RECOMMENDATION Staff recommends that the Board adopt Resolution No. 01-204 creating the Grey Twig Lane M.S.B.U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Port S1. Lucie. cc: Staff Concurring Linda Smith, Tax Collector Supr/Data Base Adm ....", '-' EXHIBIT "C" , "'8 g; --,.... I ~ " .... .... , ». HO.ts I o§ ... ~ " 60 I ~ .... .... 110 110.18 '" '- 0 '" I ... '" ... 110 , ....,.. .... ::: I ... '" .... " 110 0 , ... 110.18 ... I '" ~ ::: c,. <0 ... (/) <Jo :r: 110 '" 110.18 .....'" '" I 0 110 M a '" .. =<J , » 110 I ",,,, ~ '" -< , 0'" '" 0 '" '" 1-- 70 155 110 Z 0 , 75 85 110 I .... - .... g~ð = '" 58:5 '" I Õ <b õ.... o <0 0 ... I , 75 75 75 85 60 75 85 I '" DEVONSHIRE DRIVE '" '" I a 0 0 I lIS 75 75 75 75 75 75 75 co 5~ ='" =0. ð~ go; 5 g¡ .. <5 8: ~ II> 0- 0... ... .'. ~.:;-::.. ':.~':- .-¡< 85 75 75 75 75 75 75 75 lIS v~ ¡;; ¡:;... 0. ... ¡;; .... ~ è ¡:; ~ ~ ¡:;.... .... ~~ .. '" ~ .. ..... ~ .. co 0 8S 75 75 75 75 75 75 75 85 -". .. CAMELOT DRIVE '" ~ Ñ... 0 0 '" 0 0 '" ì8 co 85 75 75 75 75 75 75 T 125 QO ". ¡" ¡" co :;;: .... ~ ¡;¡ ~ ¡:; ¡:;... ¡:;t..< ¡:;.... ~:;: ;; ~ c:: (]) 1.J9,&< !D ~ ~ :s ~~ 0 .... .. .. "", .. .... .. ... 0 '" ~I 0 ~ '.. C .... 8 c r- 125 .... r- 85 75 75 75 75 75 75 75 85 M '" & 1<0.17 fT1 < 0 '" < 5j ... Q .... »- '2 '2 ¡:;I\> ~~ ~~ ¡:;'" ¡:;,.. ~~~ 125 .... .... =<J ¡¡¡ ¡;.¡ - ,.. 0 140.69 0 ... - ~ II> ...'" """ - <0 ... '" '" ~ '" ~ ". QO lIS 75 75 75 75 75 75 75 85 .. '" .. ... ~t29 ... '" 8£OFORD '" 0 f 0 0 '" t8 '" 65 75 75 25' QO '" .. ... ¡" .... 1~1.9 .... ¡;¡ - ;-" '2 C¡ '2 '" .. ... '" .... ... N .... <:> N( '" ... '" ¡:; 142.12 85 75 75 Þ ~ .... () .... .... '" '" ¡;¡ - '2 II> ~~ 2~ 142,56 .. ~ 125 ... .... 60 5 75 75 , '" '" ~i 70 1<2,67 ACADEMY -t>.. 60 1: 1: '" §:t: ¡ 419,27 . 107,A, 292.52 .... 0 ,81 ;;;- 0", TRACT 'A' 'J,TRKT '8' ¡:; ~~r .... ... . ~o "" 130 ACADEMY DRIVE MSBU -6- '-' '-wi WHEREAS, on August 14, 2001 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted the petition of 74 % of the land owners for potable water improvements within a proposed Grey Twig Lane Municipal Services Benefit Unit (the "Grey Twig Lane MSBU") requesting that the Board create the Grey Twig Lane MSBU to fund the cost of a project to provide potable water improvements to certain properties on Grey Twig Lane in unincorporated S1. Lucie County (the "Project"); and 1 WHEREAS, on September 18, 200I pursuant to the requirements of Section 1-13,5 of the Code, the Board heId a duly advertised initial hearing to consider the creation of the Grey Twig Lane MSBU, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the County Engineer has advised the Board that based on an analysis of the costs and benefits of the Project, the equivalent residentiaI connection method of assessment is appropriate because this method of assessment fairly and reasonabIy apportions the cost of the project among the benefitted properties; and . . WHEREAS, after hearing the comments of the County staff as well as interested persons, the Board has made the following determinations: (1) the Project and the creation of the proposed Grey Twig Lane MSBU is in the best interest of the health, safety and welfare of the County and will be of benefit to the properties within the limits of the proposed Grey Twig Lane MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Grey Twig Lane MSBU as shown on the map attached hereto as Exhibit "B" is 100%; (3) the method of assessment to be used in assessing the benefitted properties shall be the equivalent residential cOIUlection method; and (4) the cost of the project is not in excess of the benefit gained by each of the properties which would be subject to the proposed assessment. I t NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, as follows: Section 1: A municipal services benefit unit to be known as the Grey Twig Lane Municipal Services Benefit Unit is hereby created as shown on the attached Exhibit "B". Section 2: The entire cost of the Project shall be funded through non-ad valorem special assessments levied against real property within the limits of the Grey Twig Lane MSBU. Section 3: The method of assessment shall be based on the equivalent residential connection method of assessment such that each Iot owner within the Grey Twig Lane MSBU shall share proportionateIy in the cost of the Project in reIationship to the benefit received. Section 4: The County Director of Engineering is hereby authorized to proceed with the Project pursuant to the procedures set forth in Chapter I-13.5 of the Code. -2- '-" ....,; Section 5: In the event the Project is not ultimately approved and constructed, the cost of preparing the plans, specifications, and the cost estimates may be assessed against the real property within the Grey Twig Lane MSBU. Section 6. This ResoIution shall be effective upon adoption. PASSED AND DULY ADOPTED this 18th day of September, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman . Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-" EXHIBIT A PROOF OF PUBLICATION -4- ..." ¡ I ,. // '-' AGENDA REOUEST IT~ NO. 5.C DATE: September 1 8, 2001 REGULAR [ ] PUBLIC HEARING [ X ] CONSENT [ ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 01-04 - Creating Environmental Landscape Management ("ELM") Program BACKGROUND: See attached memorandum CA 01-2161 FUNDS AVAILABLE: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 01-04. COMMISSION ACTION: CE: [ ] APPROVED [] DENIED [X] OTHER: Tabled County Attorney: t?-¡// (it 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 C.A. NO: 01-2161 DATE: September 11,2001 SUBJECT: Ordinance No. OI-04 - Creating EnvironmentaI Landscape Management ("ELM") Program BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 01-04 which if adopted would amend Chapter 1-7,6, "Environmental Protection", of the St. Lucie County Code of Ordinances and Compiled Laws, to create Article III, "Environmental Landscape Maintenance ("ELM") Program. The ELM Program would establish training requirements for the irrigation, land clearing, and landscape maintenance industries in the County based upon the ELM guidelines established by the University of Florida, Each person providing these services in the County would be required to complete a minimum of Continuing Education Units prior to renewal of his occupational license, A "person" is defined in the ordinance to include "any individual, partnership, firm, organization, corporation, association or any other legal entity". If a person holds an occupational Iicense in one of the three industries as of October 1,2001, he would be required to complete four (4) CEU s each year, A person who receives his initial occupationaI license on or after October 1,2001 would be required to complete eight (8) CEUs prior to renewal of his occupational license. Thereafter, he would be required to complete four (4) CEUs each year. The training program will be administered by the Cooperative Extension Agent. The specific areas to be included in the training program for each industry are set forth in Section 1-7,6-48, Staff has met with representatives of the affected industries on several occasions to seek their input on the proposed ordinance. In addition to the published notice of the public hearing, a letter was also sent to each person holding a current occupational license in one ofthe affected industries to advise them of the proposed ordinance and the date of the public hearing. A sample copy of the letter is attached to this memorandum. Fees for the program will be established by resolution of the Board. A proposed fee structure is set forth in Resolution No, 01-208. The Board will consider adoption of Resolution No. 01-208 following the public hearing on the proposed ordinance. Notice ofthe September 18,2001 public hearing was published in The Tribune on September 7,2001. 1 '-" 'WI CONCLUSIONIRECOMMENDATION: 01-04. Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. Attachments HY/ Copies to: Respectfully submitted, ~Ô?r- Heather Young Assistant County Attorney County Administrator Cooperative Extension Agent Management and Budget Director Finance Director Tax Collector . 2 '-' ..,.¡ ORDINANCE NO. 01-04 AN ORDINANCE AMENDING CHAPTER 1-7.6 "ENVIRONMENTAL PROTECTION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE III, "ENVIRONMENTAL LANDSCAPE MANAGEMENT ("ELM") PROGRAM", TO ESTABLISH TRAINING REQUIREMENTS FOR THE IRRIGATION, LAND CLEARING AND LANDSCAPE MANAGEMENT INDUSTRIES IN HORTICUL TURALL Y AND ENVIRONMENTALLY SOUND LANDSCAPE PRACTICES; CREATING SECTION 1-7.6-45 ("SHORT TITLE") TO PROVIDE FOR THIS ORDINANCE TO BE KNOWN AS THE "ELM PROGRAM ORDINANCE"; CREATING SECTION 1- 7.6-46 ("PURPOSE"); CREATING SECTION 1-7.6-47 ("DEFINITIONS"); CREATING SECTION 1-7.6-48 ("ELM TRAINING PROGRAM") ESTABLISHING TRAINING PROGRAM CURRICULUM; CREATING SECTION 1-7.6-49 ("ELM TRAINING PROGRAM FEES") PROVIDING FOR FEES TO BE ESTABLISHED BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS; CREATING SECTION 1-7.6-50 ("ELM TRAINING REQUIRED") ESTABLISHING TRAINING REQUIREMENTS FOR IRRIGATION, LAND CLEARING AND LANDSCAPE MANAGEMENT INDUSTRIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. . WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. The University of Florida has developed horticulturally-sound guidelines for environmentally sound site preparation and landscape management for Florida communities, StldGk tll10dgh words are deleted, Underlined words are added. 1 . '-' '-' collectively referred to as "Environmental Landscape Management", hereinafter referred to as "ELM". 2. The use of inappropriate land clearing techniques may lead to the loss of St. Lucie County natural resources, 3. The use of inappropriate landscape management and irrigation practices may lead to the waste of water and energy resources as well as the misuse of fertilizers and pesticides which in turn becomes a source of non-point source pollution of local waterways. 4. The implementation of the ELM Program training requirements for members of the irrigation, land clearing and landscape management industries will lead to more appropriate management of the County's renewable and non-renewable natural resources through environmentally sound practices, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners ofSt. Lucie County, Florida: . PART A. CREATION OF CHAPTER 1-7.6, ARTICLE III, "ENVIRONMENTAL LANDSCAPE MANAGEMENT PROGRAM" OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Chapter 1-7.6, Article III, "Environmental Landscape Management Program", of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: ARTICLE III. ENVIRONMENTAL LANDSCAPE MANAGEMENT PROGRAM Section 1-7.6-45. Short title. This ordinance may be referred to as the "ELM Program Ordinance". Section 1-7.6-46. Purpose. The purpose of this ordinance is to establish training requirements for members of the irrigation. land clearing and landscape management industries in order to ensure the implementation of horticulturally and environmentally sound management guidelines and preserve the County's natural resources. Shuck through words are deleted. Underlined words are added. 2 '-" ...., Section 1-7.6-47. Definitions. For the pur:pose of this Article. the following words or terms are defined as follows: Board means the St. Lucie County Board of County Commissioners. Continuing Education Unit (CEU) means a unit of training equal to one hour of instruction. CoolJerative Extension means St. Lucie County Cooperative Extension. Environmental Landscave Management or "ELM" means the horticulturally sound guidelines for environmentallv sound Iandscape management established by the Universitv of Florida. Irri"!ation means the outside watering of ~Iants. shrubs. lawns. grass. ground cover. trees. and other such flora which are planted and are situated in such diverse locations including but not limited to homes. non-commercial household gardens. industrial buildings. commercial buildings. public buildings. parks. recreational areas. cemeteries. public rights-of-ways. and medians. f f Irrigation Services means those businesses which install. maintain. and/or repair systems which provide irrigation as defined herein, Land Gearin"! means the uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way. residential or industrial development, mineral operation or the clearing of vegetation to enhance property value and aesthetics. The removal and destruction of shade trees due to storm or insect damage is included under this definition. Land Clearing Services means those businesses which provide land clearing services as defined herein. LandscalJe Mana"!ement Services means those businesses identified under Standard Industrial Classification Manual (I 987) Code Nos. 0781. 0782 and 0783. excluding individuals providing such services on an occasional or sporadic basis. Person means anv individual. partnership. firm. organization. cor:poration. association or any other legal entity. whether singular or plural. masculine or feminine. as the context may require. OcculJationallicense means a St. Lucie County occupational license. Stwek tll10ugh words are deleted. Underlined words are added. 3 "'"" ,..." Tax Collector means the St. Lucie County Tax Collector. Section 1-7.6-48. Creatin~ ELM Trainin!! Pro!!ram. On or before October 1. 2001. Cooperative Extension shall develop an "ELM Training Program" based upon the ELM guidelines established by the University of Florida. Cooperative Extension shall update and revise the ELM Training Program as mav be necessary to incorporate revised ELM guidelines issued by the University of Florida. ( · ill topics: The ELM Training Program for the land clearing industry shall include the following ill Site Evaluation A. B. C. Existing plant inventory Endangered and threatened species Utility locations · · ill Plant Identification A. Native plant identification B, Exotic/omamentaI pIant identification C. Invasive þlant identification ill Site Preparation A. Protective barrier placement B. Location of site access C. StructuraI parameters ill Such other topics as the Cooperative Extension Agent or his designee may deem appropriate · (Ql The ELM Training Program for the irrigation and landscape management industries shall include the following topics: ill Irrigation efficiency ill Encouragement of wildlife habitats within the landscape ill Plant selection and placement ill Management of stormwater runoff Shuck ttnough words are deleted. Underlined words are added. 4 '-" 'w1I ill Landscape fertilization practices ® Waterfront property management techniques ill Safety procedures for equipment oµeration and pesticide use ill Such other topics as the Cooperative Extension Agent or his designee may deem appropriate. ill The ELM Training Program for the landscape management industrv shall include the following topics: ill ill ill ® ill ® ill ill Œ2 .ClQ} ill} Section 1-7.6-49. · Irrigation efficiencv Yard waste minimization Application of mulch Encouragement of wildlife habitats within the landscape Use of integrated pest management Plant selection and placement Management of stormwater runoff Landscape fertilization practices Waterfront property management techniques Safety procedures for equipment operation and pesticide use Such other topics as the Cooperative Extension Agent or his designee may deem appropriate. · · ELM Trainin!! Pro!!:ram Fees The fees for ELM Training Program classes shall be established bv resolution of the Board. Section 1-7.6-50. ELM Training Required @} Anv person providing irrigation. land clearing and/or landscape management services in the unincorporated areas of St. Lucie County after the effective date of this ordinance shall be required to successfullv complete continuing education credits (CEUs) under the ELM Training Program as set forth below: · ill Anv person holding a valid occupational license to provide irrigation. land clearing and/or landscape management services in the unincorporated areas of St. Lucie County as of October 1. 2001 shall successfully complete a minimum of four (4) CEUs on or before the renewal of his occupational license for 2001-2002. Thereafter. such persons shall successfullv complete a minimum of four (4) CEUs annually on or before any subsequent renewal of his Snuck through words are deleted. Underlined words are added. 5 v ....,¡ occupational license. Proof ofhavin¡¡: met such requirements shall be provided to the Tax Collector with the application for renewal of the license. ill Any person obtainin¡¡: his initial occupational license to provide irrigation. land clearing: and/or landscape mana¡¡:ement services in the unincorporated areas ofSt. Lucie County after October 1.2001 shall successfully complete a minimum ofeif?:ht (8) CEUs. includin¡¡: four (4) CEUs focusing on "Basic ELM Principles" prior to the initial renewal of his occupational license. Thereafter, such persons shall successfully complete a minimum of four (4) CEUs annually on or before any renewal of his occupational license. Proof of havin¡¡: met such requirements shall be provided to the Tax Collector with the application for renewal of the license. · · PART B. CONFLICTING PROVISIONS, Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St, Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. · · PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy ofthis ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. · PART E. EFFECTIVE DATE. This ordinance shall be effective on October 1,2001. StItlGk tluðtlgl. words are deleted, Underlined words are added, 6 '-' ......, PART F. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Cliff Barnes Commissioner Paula A. Lewis Commissioner John D. Bruhn xx XX XX XX XX « « PARTG. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections ofthis ordinance may be renumbered or reIettered to accomplish such intention; provided, however, that Parts B through G shall not be codified, . f PASSED AND DULY ADOPTED this XX day of XX, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: DEPUTY CLERK CHAIRMAN . APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g:\atty\ordnance\200 1 \0 1-04. wpd St. uGk tl:u.ough words are deleted. Underlined words are added. 7 _ 09/13/01 12: 13 FAX 561 462 1510 _ S~'TENS10" ~(\2 "'" ....,¡ Cooperative Extension Service Institute of Food ilnd Agricultural Sciences . September S, 200 1 I Dear Industry Professional. We would like you to be aware ofan ordinance proposed in St. Lucie County that ""ill a1Iect the landscape management. land clearing and irrigation industries, It is designed to increase knowledge of your profession which will in turn make you more credible to your clients and the cornmun.ity. This Environmental Landscape Managemcnt (ELM) Ordinance will require occupatiocal.li<:ense holders in these industries to obtain four (4) approved Continuing Educational Units (CEU' s) which equals just four hours 0 f instruction that can be obtained over the course of the year, . f Classes for obtaining tbese CEU's will be provided by the St. Lucie County Extension office throughout the year, and c1a..'ISeS you núght already be taking or have taken recently may qualify as approved instrUction. This ELM OrdinanCe will go before the Board of County Commissioners at a Public Hearing to be beld on Tuesday, September 18,2001 at 7:00 p.m. at the St. Lucie County AdmiDistration Annex located at 2300 Virginia Avenue, Fort Pierce. If you have any questions about the ELM OrdinanCe and its implementation. please contact me at 462-1660. c . Anita S. Neal. EAII Interim DirectorlEnvironmental Horticulture Agent ASN/ca The Instirut. 01 Food and Agricultur.t s.;....... iI." Equ,u Employmen' Op¡>o«ulÙry - ...m.......t\w ^<tlon Emp\Qy... .",1Kt<W>d to provide r<Oe<'rc¡" "¡"c'';'Jn'¡ '""'~."Dn .nd. <>on.. "",'O!O only '" ,ndíYOd..... .ad inslltutl0'" that t..ction w,U.oul ..gird 10 r.sœ. color, "". 'S'" ~..n<llØp or ..l1O<\Ãl or'.k~:n. coo~~1U T\V[ ~N~!Ort Il'IJIU'í It' ^",..,ç'-'L TUR£. ..0...." ECoNoMICS, ST An OF FLORIDA. IF AS.lJNIVEIIStn' OF FWIUDA L',s. DE? ARTMENT OF AGR!ClJl nJRE. AIJ~ I!DAm CWCOlJl11ì io'itrlM-"""'''''''' o-.ooPEIV. ;"L"'C JIÞ't: - To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-" ....." Agenda Request Item Number Date: 5D Sept. 18, 2001 Consent [ Regular [] Public Hearing [ X ] Leg. [ ] Quasi-JD [ X ] -CO -~'. ry,s'é{1ted By o '. r \ ", ì ,: \ Communjtý Development Director Consider Draft Resolution 01-135 which would grant the petition of John and Cindy McMillin to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural - 1 du/5acre) Zoning District. om missioners Community Development Director The Petitioners, John and Cindy McMillin, are requesting authorization to install a 30-foot x 76-foot mobile home meeting the definition of a Class "A" Mobile Home as set forth in Section 2.00,00 of the St. Lucie County land Development Code. The proposed unit is a 2002 model from Homes of Okeechobee. In 1999, the applicant's purchased a 5.79-acre parcel of land located at 11090 Carlton Road. approximately 3880 feet north of the intersection of Carlton Road and Glades Cut-Off Road, Currently, there is an existing mobile home on the property. This unit was permitted as an accessory use to an agricultural venture. The applicant's have indicated that the property will be used primarily as residential purposes and therefore, must obtain a Class "A" Mobile Home Permit in order to remove the existing mobile home and place a newer model on the subject property. Upon receiving Class "A" Mobile Home approval, the applicant will be required to submit an application for a building permit, and pay all applicable fees, in order to have this unit energized and made ready for occupancy. County staff has reviewed the application and determined the proposed mobile home complies with the Standards of Review as set forth in Section 11.05.02(0) of the County land Development Code. N/A None Staff recommends approval of Draft Resolution 01-135. COMMISSION ACTION: [J[J APPROVED U DENIED D OTHER 5-0 County Attorney Originating Dept.: Finance: Douglas M. Anderson County Administrator Coordination! Signatures Mgt. & Budget: ' Other: Purchasing: Other: 4 , '-' 'WI COMMISSION REVIEW: September 18. 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: September 11,2001 SUBJECT: Consider Draft Resolution 01-135 which would grant the petition of John and Cindy McMillin to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural - 1 du/5 acres) Zoning District. LOCATION: 11090 Carlton Road, approximately 3,880 feet north of the intersection of Carlton Road and Glades Cut-Off Road. ZONING DISTRICT: AG-5 (Agricultural - 1 du/5 acres) FUTURE LAND USE: AG-5 (Agricultural - 5) PARCEL SIZE: 5.79 acres SURROUNDING ZONING: The AG-5 (Agricultural - 1 du/5 acres) Zoning District is located to the north, south. east and west. SURROUNDING LAND USES: The existing uses are single-family residential and agricultural FIRElEMS PROTECTION: Station #11 (3501 Shinn Road), is located approximately 12 miles to the north of the subject property. UTILITY SERVICE: Water and sewer service is provided by an on-site well and septic system. TRANSPORTATION IMPACTS: RIGHT-OF-WAY ADEQUACY: Carlton Road is a county owned/maintained right-of way 100 feet in width. SCHEDULED IMPROVEMENTS: None at this time, TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity September 11, 2001 Page 2 '-" SUb~ McMillin Class "Au Mobile Home MH-01-005 . COMMENTS The petitioner. John and Cindy McMillin, is requesting authorization to install a 30-foot by 76- foot mobile home meeting the definition of a Class "A" Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development Code. The proposed unit is a 2002 model from Homes of Okeechobee. In 1999, the applicants purchased the 5.79-acre parcel of land located at 11090 Carlton Road. approximately 3,880 feet north of the intersection of Carlton Road and Glades Cut-Off Road. The subject property was purchased with an existing mobile home on the property, which will be removed upon approval for the requested Class "A" mobile home unit. This mobile home was permitted as an accessory use to an agricultural venture. The applicant's have indicated that the primary use of the property will be for residential purposes, therefore, in order to place a new unit on the property a Class "A" Mobile Home permit must be granted. Upon receiving Class "A" Mobile Home approval, the applicant will be required to submit an application for a building permit, and pay the applicable fees, in order to provide water and electricity to the unit. Section 11.05.02(D} of the Land Development Code identifies the minimum standards that are to be met before the Board may consider that the requested mobile home to meets the definition of a Class "A" Mobile Home, These standards are: 1, Minimum Width of Bodv The minimum horizontal dimension of the main body of the mobile home as assembled on the site is not less than twenty 20 feet, as measured across the narrowest portion, except that in the Agricultural Residential (AR-1), Agricultural-1 (AG-1), Agricultural- 2.5 (AG-2.5) and Agricultural-5 (AG-5) Zoning Districts, no minimum horizontal dimension shall apply. The applicant's detail of the proposed unit indicates that the Class "A" Mobile Home is 30' x 76' in size. The proposed unit may be determined to meet this minimum standard. 2. Minimum Roof Pitch. Minimum Distances. Eaves to Ridae The pitch of the main roof is not less than one (1) foot of rise for each four (4) feet of horizontal run and the minimum distance from eave to ridge is one-half (1/2) the minimum horizontal dimension. The applicant's detail of the proposed unit indicates that the Class "Au Mobile Home has a roof pitch of 3: 12, This means that there is to be a one three inch of rise for each inch of horizontal run. This slope is equivalent to a one foot rise for every four feet of run. The eave to ridge criteria is also satisfied with the pitch of the roof. The roof will be the same horizontal distance from the ridge along the length of the mobile home unit. The proposed unit may be determined to meet this minimum standard, 3. Roofina Materials The roof material used is similar in texture, color and appearance to that of detached single-famify units in the same zoning district in which it is to be located. J. . September 11. 2001 Page 3 """ SUb~: McMillin Class "A" Mobile Home MH-01-005 The applicant has indicated that the proposed Class "A" Mobile Home unit will have a shingled roof, which is consistent with the surrounding single-family residential homes, The proposed unit may be determined to meet this minimum standard. 4. Exterior Finish; Liaht Ref/ection The materials used for the exterior finish and skirting are similar in texture, color, and materials to detached single-family dwellíng units in the same zoning district in which it is to be located, and are applied in such a manner as to make the Class 'W'Mobile Home similar in appearance with surrounding detached single-family dwellíng units. Reflection from the exterior shall not be greater than siding coated with clear, white, gloss exterior enamel. The proposed Class "A" Mobile Home Unit will have white vinyl lap siding with gray trim. The unit has a dormer above the doorframe, which provides for a break in a single-line frontage along the unit. The mobile home unit has shutters around the front windows to provide additional single-family residential character to the unit. The skirting is made of vinyl locking siding, The attached plot plan and rendering provide the details of the proposed Class "A" Mobile Home. The proposed unit may be determined to meet this minimum standard. t c County staff has reviewed the application and determined the proposed mobile home complies with the objective standards of review as forth in Section 11.05.02(0) of the County Land Development Code, which allows the County to define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit. Staff recommends approval of Draft Resolution 01-130. SUBMITTED: p Development Director DJMlcs . H:\wp\mobile home petilions\mcmillin\bccmemo.fnl cc: County Administrator County Attorney John and Cindy McMillin File '-' 'wtI 1 RESOLUTION 01-135 2 FILE NO.: MH-01-005 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 A RESOLUTION DEFINING A CLASS "A" MOBILE HOME AS A DETACHED SINGLE-FAMILY DWELLING UNIT IN THE AG-S (AGRICUI,.TURj:\t;;,"- 5 - 1 DU/S ACRES) ZONING DISTR.ICT INt'$T.l:UCIE COUNTY, FLORIDA i WHEREAS. the Board of County Commissioners ofi$t. LucieiiCoun testimony and evidence, including but not limited toitl1e staff report, 11 determinations: John and Cindy McMillin presented a petition t i! a Detached Single-Family Dwelling Unit in ft'ie Zoning District for the property described On September 18, 2001, this Boar publishing a notice of such hearing 500 feet of the subject property. The Class "A" Mobile Home Lucie County Comprehen . forth in Section 11.05.0 1. ss "A"- Mobile Home as Itural 1 du/5 acres) . 2. on the petition, atter owners of property within 3. is co stent with all elements of the St. Isfied the standards of review set unty Land Development Code, Board of County Commissioners of St. Lucie A. ty Commissioners has determined that the request of to 0 a Class "A" Mobile Home as a Detached Single-Family n t at property described as follows: 37 South, Range 38 East; Lot3, Hennis Acres ng to the Plat thereof, as recorded in Plat Book 1252 at cords of St. Lucie County, Florida (5.79 AC) 11090 Carlton Road, approximately 3,880 feet north of the intersection of Carlton Road and Glades Cut-Off Road) is consistent with the requirements of Section 11.05.02(D) of the St. Lucie County Land Development Code. and is hereby approved. B. A copy of this resolution shall be placed on file with the St. Lucie County Community Development Director. File No.: MH-01-005 September 18. 2001 Resolution 01-135 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 C. The St. Lucie County Community Development Director is hereby authorized and directed to cause a notation to be made on the Official Zoning Map of St. Lucie County, Florida, and to make reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx Vice-Chairman Doug Coward Commissioner Paula A. Lewis Commissioner John D. Bruhn Commissioner Cliff Barnes . PASSED AND DULY ADOPTED This 18th d 4 OMMISSIONERS NTY, FLORIDA Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney File No.: MH-01-005 September 18, 2001 Resolution 01·135 Page 2 --~---------,-----_._,- - - ------ - --"-- ----------- '-' '-' c ~ 0 L{) ~ 0 >- 0 I D ..,- c 0 -- Ü I oð ~ c ....c: 0 J -z ... ~ 'O~·· t 1:>' ~ '~i0 ~ ~i õ ¡¡¡ ~ o · i ~ · ~ "- "- · " ~ Q . Q Ï ~ < " . \ C. , . w. ~; ~ , . ~ ! .. ., a: ~ Z ~ :::J 0 Z 0 :::J 0 ÐYOH ~ DY. 0 a: UJ I ! > i ã: w z w I' ¡::: ; i :II a: :II « I ~ QYOI OJ3NS a: ~ a: Z « ..', -. is ~ S K 1 S S' 1 w w ~ ... ., i 5 ... ., a: AlNn08 3380H833)O \ ~ . '-' Jonn & Cindy IVIcMjJI1Tf f . MH 01-005 r /7 / 7 ..A This, pattern indicates rLL/ ...L.d subject parcel x- /UOÙ> ~~~ GIS· 4___...- Map prepared September 50 2001 n.Io_____Ior~~_-......_'I'. N ...".....-----.............--....- ............. ____._. ....-....10<_ _.....,........-. I~--- Zoning '-' John & Cindy McMilln-f AG-5 . c) (:.) o ---------------- 2 . r--ì '___.J . 'tJ o ~ AG-5 c B ~ o (.) ~-..._-') . \-..--- ~/ -_/----~/~ (_//~- / ~..-- / --"," !\............... j MH 01-005 5ff.t~&~~~ 1 Map prepared September 5. 2001 f ~/~~ This, pattern indicates subject parcel :. -:.., --~ -::-' ....:-:-.......--:'.::::::.. "'= ..... N .--......................- ............ ~ -,-,-- -~--- Land Use '-"' John & Cindy McMiI/W AG-5 . () () o 2 . :---"1 \___.J , 1J o ci! AG-5 c: B ~ o U ~----ì t_~__..l TIlJ / /- --~ -- ~--- ~--_/ --~ /,I/' / / -- ./ (, Ir~--"" ,'-........ / MH 01-005 :4~~~ f ~//~ This. pattern indicates subject parcel ='"':.w ---.~:- "'::-:-.-.'*":: ==-.:::...wt. N -~''''''~b__.Iio¡¡¡oIJ''''''''__ -'---.,,---,.,- . A Petition of ~n & Cindy McMillin for a Cas~ Mobile Home. ------ () o z . r~-"', \_-_.....: 4 "Q a a a::: c .£ ~ u ')----·1 I , ,----.... ,,- _...--"'~---~ ,,- / ,- ( (. ~t' , \~,... / ...""'......-... ,-- .- ~--- MH 01-005 x- ~~~~ &~'='=- Map prepared August 29. 2001 f V/ ~~ ThiS. pattern indicates subJect parcel n.Io___~""""",,,,,,,,,,,,,,,~,,,,,. _.....__......_tDpooidIo.._..........__ _"'*""'IIINlAondood""__............--... N .-- II. '/:1,"d·~ X-Tt"(.L (J- tue.l/ .Ç,J-- tv.t.b hÞM - Sf:; b- 3P SoWs. - ,)0 .l)w \ tll~ \~\C i\ill \\V'\ \\OqO W\~i\..~· ~'(~ . S\-o \lLc1l1 F L ~ \-l\IJl\- \~rD Jo " -- .."",; ~ -...; , ìt,," ra>~~~ .JJI c - - ~L- - - , ~ ~ ~ ""i. --- i: ~ ...., AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, SEPTEMBER 18, 2001 7:00 P.M. John and CynthÚl McMillin, have petitioned St. Lucie County to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural - 1 du/ 5 acres) Zoning District for the following described property: . Location: 11090 Carlton Road, (approximately 0.75 mües north of the intersection of Carlton Road and Glades Cut-Off Road) . Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the .Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered, Prior to this public hearing, notice of the same was sent to all adjacent property owners September 5, 2001. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on September 4, 2001. File No. MH-OI-005 ~ "" :'1 IUCI[COUNfY ..., BOARD OF COMMISSIONERS; PUBLIC HEARING " AGENDA September 18, 2001 TO WHOM IT MAY CONCERN: I NOTICE is hereby given in accordance with Section I 1.00,03 of the St. Lucie County Land Development Code and the provisions of I the St. Lucie County Com- prehensive Plan, the follow- ing applicants have requcsted that the St. Lucie County Board of Commis- sioners consider their fOI-/' lowing request; i. John & Cynthia McMillin to Define a Class "A" Mobile Home as 0 Detached Single-Family Dwelling Unit in the AG-S' (Agricultural - 1 du/Sacres) I Zoning District for. the JOI-I" lowing described property: I Hennis Acres, Lot 3".. accord- I' ing to the Plat thereof, recorded in Plat Book 1252, Page 1049, of the Public Records of 51. Lucie County, Flo~ida. Location; 11090 Carlton Rood, (approximately 0.75 miles north of Ihe intersec- tion' of Carlton Rood and Glades Cut-Off Rood) . 2. Liberty Baplist Church, .Ine. of Fort Pierce for 0 Condi- lional Use permil to allow educotional services in the I (Instilulional) Zoning Dis- trict for the following described property: PARCEL 1: From the northwest corner of Lot 92, White City Subdivi- sion: according to the plot Ihèreof as recorded in Plot Book 1, Page 23, of Ihe Public Records of St. Lucie County, Florida; run thence east along the north line of said 101, 235 feet for the point of beginning; thence continue east, 21 0 feet; Thence south, parallel with the wesl lot line, 623,02 feel, more or less, to the north right-of-way line of Midway Rood; thence ,west, 210 feet; Thence north par- allel with the west lot line, 620.70 feet, more or less, to the paint of beginning; less 10 road righl-of-way as in Official Records Book 235, Page B 13 of the Pub- lic Record¡ of St. ,Lucie County, Florida, and Mt\ 01-00.5' PARCEL.2: Fro'11 the "?"hwe1t cOfn~r ~f lot 92, White City SUbdivi- sion; 'according to the plat thereof as recorded In Plat Book 1, Page 23, of Ih~ Public Records of St, Lucie Counly, Florida; run Ihence east, 15 feet; thence south, parallel with the west lot line, 409 feel far the point of beginning; thence run east, 220 feet; thence south, parallel with said west lot line, 21 1.70 feet, to the north right-of-way line of Midway Road; thence west; along said, north right-of-way line,' 220 feet, more or less, to the eost right-of-way of Dunn Rood; thence north, on said east right-of-way line, 209.26 feet, marc or. less. to the point of begin- I "ing; less to road right-of- way os in Official Records Book 235, Page 813, of the Public Records of St. Lucie County, Florida. . 4 Localion: 3660 West Mid- way Rood (Northeast çor- n~(' of the interseètion of West Midway Road & Dunn Road) PUBLIC HEARINGS will be held in .Gominission Cham'l bers, Roger Poitras Annex, 3rd Floor, St. Lucie County 1 Administraiian Building, 2300 Virginia Avenue, Fort Pierce, Florida on Septem- ber 18, 2001. beginning at 7:00 P,M, or as soon there- . after as possible. PURSUANT TO Section 286,0105, Florida Statutes, ,if a person decides to appeal any decision made I by a boord, agency, or commission with respect, to any, malter, considered at a meeting Or hearing, he will nèed o record of the pro- ceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made. which record includes theteslimony and evidence upon which the appeal is to be based. BOARD OF COMMISSIONERS SLLUcìE CQLJNTY; FLORIDA IS! Frannie Hutchinson, CHAIRWOMAN Publish: September 4, 2001 2226705 FPT 91t.f\OI --"----- '" ~ (j .¡> '"' ~ rI:J C o ... .... (': e '"' ~ c c - ... (j= :a~ 0.. (j £~ o ..... ø] J . U , .... I c <>(: II,' i~ 1- "'"":) I ~ r.. ,> 0 ~"'" ~Ir¡ .....0 ;::Q C I := .... e ~ § ~ U r.. ....~ o .... .... c '" ~ ~ e 0,() t: c ~:: ~ -æ ~~ s § ~ ~ ~ 8 ~II~ ~I,~ Q 0.. N M ° NOM 00 ",I t:!.- I t I I , I 0\ I II ~N~~~~&;~vR "'" 0\ 0\ 0\ 0\ 0\ ~ ["') I ~ I! QO ',,_, ~ ~ ~ ë.èl ~iLJ :.11 ~ ~~~~CI~1bl'~li , I,I~ 1111~11~11~!! 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' " ;...:1 0"10" 11'1': F1 ° IE ð V;;; 'il· ,,": ~', II' ~ ~ "Š .g ~li¡~lrl¡~í¡~:¡l1i' z ~ ~_~ n~ll::1J ì:; li:::;l¡ ~I¡ -1 . :---',---,"" '-", :¡ § § § § § § §I§ 1 #~~~~~D~~ 8 _ N _ -!i\O \O!I\C)J¡_! ia< \r')j V'),:\O,'\O:V') V). lI")-V') ~ - - - - - - - - ~~~r;j.~r;;r;;::;~ -..",J . t . . v i ~~- .- "'"'~~ !' ~ i I ì i f I I 'V . ~ · · · 4 · · · - ~ '" 'wi Agenda Request Item Number Date: 51= Sept. 18, 2001 Consent Regular Public Hearing Leg, [ ] [ [ ] [ X ] Quasi-JD [ X ] Interim Community Development Dir .~ _n \. rr~.ented By :~ {I' \ -- ,: '. Interímç6mmunity Development Dir Consider Draft Resolution 01-136 approving the request of Liberty Baptist Church, Inc, of Ft. Pierce, for a Conditional Use Permit to allow for educational services as an accessory use to a religious facility. (File No.: CU-01-005) To: Submitted By: Board of County Commissioners SUBJECT: BACKGROUND: Liberty Baptist Church, Inc. of Ft. Pierce. has applied for a Conditional Use Permit to allow for educational services as an accessory use to a religious facility for property located at 3660 West Midway Road. northeast corner of Midway Road and Dunn Road. The subject property is located in the I (Institutional) Zoning District. Under Section 3.01,03(X), educational services and facilities are permitted with Board of County Commissioner approval as a conditional use. The proposed facility is compatible with the surrounding areas and not expected to increase demands for public facilities. Liberty Baptist Church owns property on the' northeast and northwest side of Dunn Road at the intersection of Dunn Road and Midway Road. The proposed application is only for the 3.92-acres east of Dunn Road. FUNDS AVAILABLE: PREVIOUS ACTION: N/A The Planning and Zoning Commission. by a vote of 7 to 0, with two members absent (Mr. Merritt and Mr. Lounds), recommended approval of the Conditional Use Permit at its August 16, 2001 meeting. RECOMMENDATION: On June 19, 2001, the Board of County Commissioners approved a rezoning application for property located on the northwest corner of Dunn Road and Midway Road that is owned by Liberty Baptist Church Inc. of Ft. Pierce Staff recommends approval of Draft Resolution 01-136, subject to the cited conditions contained therein. COMMISSION ACTION: c=!J APPROVED D DENIED D OTHER 4-1 (Bruhn) Continued 10/2/01 Douglas M. Anderson County Administrator County Attorney Originating Depl.: Finance: Coordination! Signatures Mgl. & Budget: Other: Purchasing: Other: '-' ...., COMMISSION REVIEW: September 18, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM . TO: County Commission FROM: Interim Community Development Director DATE: September 11, 2001 SUBJECT: Consider Draft Resolution 01-136, which would grant the petition of Liberty Baptist Church, Inc. of Fort Pierce, for a Conditional Use Permit to allow educational services as an accessory use to a religious facility, in the I (Institutional) zoning district for property located in St. Lucie County, Florida, which project is to be known as Liberty Baptist Church. (File No,: CU-01-005) Liberty Baptist Church, Inc. of Fort Pierce, has applied for a Conditional Use Permit to allow for educational services as an accessory use to a religious facility, which is to be known as Liberty Baptist Church. Liberty Baptist Church owns a 3.92-acre parcel of land located at 3660 West Midway Road (the northeast corner of Midway Road an Dunn Road). The subject property is located in the I (Institutional) Zoning District. The Future Land Use designation on this property is P/F (Public Facilities), ' On June 19, 2001, this Board approved a petition of Liberty Baptist Church, Inc" of Ft. Pierce, a rezoning a 13,88-acre parcel of land from the AR-1 (Agricultural, Residential.,... 1 du/acre) Zoning District to the I (Institutional) Zoning District, located on the northwest corner of Dunn Road and Midway Road, of Ft. Pierce. This parcel of land was not incorporated into this petition. On February 29, 1996. St. Lucie County approved a site plan for a 20,974 square foot religious facility, to be known as Liberty Baptist Church. This facility was constructed with 9,274 square feet for religious facility and 11,700 square feet of gymnasium space. The applicant at this time would like to incorporate a school in addition. to the primary religious facility use. According to the applicant no additional buildings are needed to accommodate the school. The applicant has indicated that the hours of operation for the school facility will be from 8:00 a.m. to 3:00 p.m., Monday - Friday. The grades will range from Pre-Kindergarten to 12th grade. At this time. the facility is planning to start with only Pre-kindergarten and Kindergarten, The facility will then add additional grades over the next few years. At this time, a review of the requested Conditional Use Permit finds that the requested uses, will not adversely affect the surrounding areas. The properties to the immediate north and east of the development area are primarily residential and zoned for Agricultural and Residential uses. The property to the south is owned by the Hospice of the Treasure Coast and designated for Institutional uses, To the west of the petitioned property, is a parcel of land owned by Liberty Baptist Church for future expansion of the existirig facility, which is zoned for Institutional uses. September 11,2001 Page 2 '-" Subject: L~y Baptist Church - CU Permit CU-01-005 At the August 16, 2001, public hearing on this proposed Conditional Use, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0, with two members absent (Mr. Merritt and Mr. Lounds) recommended approval of this petition. Should this Board agree with this recommendation, staff recommends that any such approval authorization include the following special conditions: . 1. The approved Conditional Use Permit is for the proposed 3.92-acre parcel of land only, Upon development of the property, west of Dunn Road. owned by the Liberty Baptist Church, an additional Conditional Use Permit will be required to operate educational services. 2. Any expansion to the square footage for the Liberty Baptist Church facility that will be used for educational purposes will result in a modification to the existing site plan and the proposed conditional use permit. 3. The hours of operation for educational services will be limited to 8:00 a.m, until 3:00 p.m., Monday through Friday. The proposed Conditional Use Permit, subject to the recommended conditions, meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives and policies of the St. Lucie County Comprehensive Plan. Staff recommends approval of Resolution 01-136. SUBMITTED: ICP evelopment Director t CPS/ H:/conditional uses/Liberty Baptist Church/BCC/bccmemo.fnl. cc: County Administrator County Attorney Liberty Baptist Church '-' ....., 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 RESOLUTION 01-136 FILE NO.: CU-Oo-005 · A RESOLUTION FOR A CONDITIONAL USE PERMIT TO ALLOW EDUCATIONAL SERVICES AS AN ACCESSORY USE TO A RELIGIOUS FACILITY IN THE I (INSTITUTIONAL) ZONING DISTRIC] FOR PROPERTY LOCATED IN ST..x~UCIE¡¡¡¡COI.JNTY, FLORIDA. WHEREAS, the Board of County Commissioner~ the testimony and evidence presented, includin made the following determinations: · 1. Liberty Baptist Church presented a petit' allow for educational services as an (Institutional) Zoning District for t I Use Permit to us facility in the I n Part A below. 2. nd Zoning Commission shing nQtice at least 10 days wners of property within 500 nded that the Board of County escribed request for a Conditional g District for the property described in · 3. 01, oard held a public hearing on the petition, f such hearing and notifying by mail all owners of the subject property. 4. itional Use is consistent with the goals, objectives, and Lucie County Comprehensive Plan and has satisfied the Section 11.07.03 of the S1. Lucie County Land Development 5. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. File No,: CU-01-005 September 18, 2001 Resolution 01-136 . 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 '-' 'wi 6. The proposed project will be serviced water by FPUA (Fort Pierce Utilities Authority). Sewer services will be provided onsite through a septic system, . 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on September 18, 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie,:;~ountY Code, a Conditional Use Permit for Liberty Sflptist Chur¢ , to allow for educational services as an acc8,$$ory usßtb a fe I (Institutional) Zoning District is granted f ,t6perty des subject to the following conditions: Development 1. Pier.ce cílity in elow, 8, . 1. The approved Conditional Use Pe parcel of land onlv. Upon deve Road, owned Liberty Baptis Conditional Use Permit services. osed 3.92 - acre y, west of Dunn ce, an additional perate educational 2. r the Liberty Baptist Church nal purposes will result in a nd the proposed conditional use 3. r educational services will be limited to 8:00 ay through Friday. . his Conditional Use Permit is being granted is t corner of Lot 92, White City Subdivision, according to the plat ded in Plat Book 1, Page 23, of the Public Records of St. Lucie County, thence east along the north line of said lot, 235 feet for the point of beginning; thence continue east, 210 feet; Thence south, parallel with the west lot line, 623.02 feet, more or less, to the north right-of-way line of Midway Road; thence west, 210 feet; Thence north parallel with the west lot line, 620.70 feet, more or less, to the point of beginning; less to road right-of-way as in Official Records Book 235, Page 813 of the Public Records of St. Lucie County, Florida, and File No,: CU-01-005 September 18, 2001 Resolution 01-136 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 B, 20 21 22 23 24 25 26 C. 27 28 29 30 31 32 33 34 35 36 D. 37 38 39 40 41 42 E. 43 44 '-" ....,¡ PARCEL 2: From the northwest corner of Lot 92, White City Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 23, of the Public Records of St. Lucie County, Florida; run thence east, 15 feet; thence south, parallel with the west lot line, 409 feet for the point of beginning; thence run east, 220 feet; thence south, parallel with said west lot line, 211.70 feet, to the north right-of-way line of Midway Road; tþence west; along said north right-of-way line, 220 feet, more or less, to the east ht-of-way of Dunn Road; thence north, on said east right-of-way lipe, 209,26;!E!e re or less, to the point of beginning; less to road right-of-way as i,p:C)fficial Recor ook 235, Page 813, of the Public Records of St. Lucie County, Flqrida. . (Tax ID. No. 3403-502-0156-100/6). (Location: 3660 West Midway Road, north Dunn Road) The approvals and authorizations grante of obtaining site plan/building permi on September 18, 2002, unless building permit approval for t extension has been granted Lucie County Land Develo for the purpose erty, shall expire ined a site plan or art A above, or an ection 11.07.05(F), St. it a nted under this Resolution is e re that the petitioner, Liberty Baptist cludl ny successors in interest, shall obtain its and construction authorizations from the gulatory authorities, including but not limited rm ps of Engineers, the Florida Department of and the South Florida Water Management District, any local building permits of authorizations to t activities on the property described in Part A. . t Capacity, a copy of which is attached to this resolution, Id for the period of Conditional Use approval. Should the se approval granted by this resolution expire or an extension be s rsuant to Section 11,07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. The St. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of File No.: CU-01-005 September 18, 2001 Resolution 01-136 Page 3 '-' 'WI 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 3~ 32 33 34 35 36 reference to the date of adoption of this resolution, After motion and second, the vote on this resolution was as follows: · Chairman Fannie Hutchinson xxx Vice-Chairman Doug Coward xxx 4 Commissioner Paula Lewis Commissioner Cliff Barnes Commissioner John Bruhn · PASSED AND DULY ADOPTED this 18TH 4 MMISSIONERS ORIDA ATTEST: OVED AS TO FORM D CORRECTNESS: · t COUNTY ATTORNEY ChurchIBCC\resolution. wpd File No.: CU-01-005 September 18. 2001 Resolution 01-136 Page 4 ..'------,-~- -~._--~~---,._-- --- -- .. ~ ~ ~ ~ ~ · ... ~ '-' OKEECHOBEE COUN IY """" T '5 S T ,~ S · Z ~ "'. 0 I » z ?: .. Sfo((O ROoI.O 0 .. C"'~T()t.¡ RO'O :Þ .. z ~ .. :IJ .. a .. :::J ... < ;¡ ... Z ~ i i :IJ · ! <: m -:D (') R4NŒ U£ .-0.1.0 f 0 c (') z ::2 0 c z ::2 .. ~ ... ..l'iJ ...~. ~. r 0- CD ~ 0 ;::+ ') \ \ '< :' C .. f\ 0 OJ .. ') , ~l "1 ~ a .. . .. 0 .. I , " -0 .. I ~ "1 $" -.I.. n è I ..-+ .. .. (f) n 0 ! N ,. ..-+ N 0 0 0 !! .~ 01 J",J ~ (', . C (; --.¡ V 0 z ~~ - ~ t .. t '-' ...,.¡ A Petition of Liberty Baptist Church for a Conditional Use Permit to allow educational seNices. ----------------- ------~----"'-. · · ~ù' ®® ®® I I · I I I I ~ I ---------------- · -0 a a a: c: " ., c: ~ @11 .~ .c: @~ U · Conal West Midway Road No. 103 · · 11@11 1100 11@~ ------------ . . # ~. . . . CU 01-005 V / / /1 This pattern indicates subject parcel k< ~ /~' ~ ::< ~ :::'1 This pattern indicates City of Port St. Lucie ~.;Ç,~&~~ ~ ~>, ~- ~ ( N Map prepared July 27,2001 ~ maþ f\M been oo<1"Øled ior~"~.-d ~ ~ ontw". 'While -.y efto1tou ~ mMÓI!I kI P<~" ft'Io:J«c:unwc-=s-xu'_ ~ pouibl8.. Or no("ended Ior~ .. . Iegdf bft::I"'O c\I:Ic:I..meIt. '-' ...,.¡ Land Use Liberty Baptist Church ------------------ · · ~ù' @® ~~ RS f ---------------- · u c c f 0: <: " '" <: ~ e'íJ .~ "" e3\ u · OM Conal No. 103 '~~~~ '-. :6- -. ....:.. . .;..:..:.:. ,': #:-; ". '11©'11 :,-:- :: PIF 'íJOO ~ '11©~ . . .' .,.., ,.., .. " þ:: RS ._ ,0, J+ -:. ., :~ (:~ -- .- West Midway Road · R · indicates subject parcel 5};F.4~G';~ ~~ t ~¡ ~~.~ ~ Map prepared July 27, 2001 ...... ~ n.. t..n ~ lorger-.erWpIarri'Ig arid ,.....~ pur¡)OCð$ oAy. NT¡ ....,.. ~ 1IIfott..... ~ mMM to pn;MQe.... mo.fg",oqnanrj .::a.r... ~ pou.IM.IÌI noI~ 100"...- u. ieg-"t bÕnóng ~ '-' ""'" Zoning Liberty Baptist Church ----------------- · AR-1 · ~ù' ê® ~ê · ---------------- · " 0 0 · D:: c: .. " c: 2 ~'!J .~ .c: ~~ U CN · Conol West Midway Road No. 103 · · '!J©'!J '!J©© '!J©~ : : .~- .: A indicates subject parcel I~:;'·;~.<·~>·;·<'I This pattern indicates City of Port 81. Lucie 5l:T4~~~ t" GJ§) . <'>~-=- Map prepared July 27,2001 ¡ n.;.mapt\u~~bgwwlll~IIIld'ehIoØOOll~OtoJy 1\- ~ -r eIIoo1has t--IlI'WOde 10 proWM...... mostCUT..-.t..-.d .-.::oAI. ~1ion~,~.AJln.....deá b'~ u.legMtybrding~ : : '.. ~: '-' ....., Liberty Baptist Church ~------------ ~~-~---~--~--- - -~--~--------------~-------------~--- ---------------- 0.49 0.48 ®® ®O' ~~ 7.38 acres 3,28 acres <6____________ , : · · r------------- 2.88 ,12, ~3" . " o o <>: 8.75 acres c u .. c u õí .¡; .c U @iJ Conol West Midway Road No. 10.3 0.86 0.72 3.24 acres cres 1.04 acres acres iJ@iJ 0.50 '\100 3,07 acres O,18/Í , · iJ ©~ acres ------------------------ -- -------------------------- -~-- ----- ------- --------. ------------ CU 01-005 ____.m... 500' boundary V / /~ This pattern indicates subject parcel I: /> /': : /:; /1 This pattern indicates City of Port St. Lucie g¡-4Gff.~~ Map prepared July 27, 2001 ThóoI map hM~ CXJmP1«I b~pIerrlng C'd....~ ¡:vpoMII ootr ....".. -v eIIOI1 ha<6. bowIn meóe to ~ ..... moM osr" end -xu.. nam-.tíon poutN...1'IOI1r'fended tar....... ~ ~ ~ · · t · · · · t ~ j ì\ '-' wi Liberty Baptist Church « · · f · · · I . 5iFh~ d,~~ ! GIS, ç,--= 1 Map prepared July 27, 2001 CU 01-005 ThIS map ~ boon C(It'T'Io:)Le<: !or (O"IO)tôll¡)l;1{'n"O a.nd 'Oloreocc pU'po'" r:Jr"f N 'o'Vh4e ~ el\Qrt Ma ~ ~ 10 prQ¥IÒ<I ~"" "'O"Il;J.(''¥~ and OO<;OJ..!~ ¡"I<;1fIT01I"'" pon.u.,~" ~........'Ó:I<J too..- u.. ~ ~ ~ ..... -' AGENDA ITEM 3: LIBERTY BAPTIST CHURCH. FILE NO. CU-Ol-OOS Staff Planner. Cyndi Snay. stated that Agenda Item #3 was the petition of Liberty Baptist Church, Inc, of Fort Pierce, for a Conditional Use Permit to allow educational services as an accessory use to a religious facility. The facility is located at 3600 West Midway Road. Section 3.01.03(X) allows for educational facilities with a Conditional Use Permit approval. Ms, Snay stated that the applicant has indicated that their existing church facilities will be utilized and no new buildings will be required, She further stated that the proposed Conditional Use is not expected to adversely impact the surrounding properties. The property to the south and the west are both zoned I (Institutional), The properties to the north and east are zoned Residential. Staff is recommending that the petition be forwarded to the Board of County Commissioners with a recommendation of approval, subject to three conditions: 1. This permit is to allow educational services for Grades K-5 only. Any additional educational services would require a modification to the Proposed Conditional Use Permit. 4 2, The approved Conditional Use Permit is for the proposed 3.92-acre parcel of land only. Upon development of the property, west of Dunn road, owned by Liberty Baptist Church, an additional Conditional Use Permit will be required to operate educational services. t f 3. Any expansion to the square footage for the Liberty Baptist Church facility that will be used for educational purposes will result in modification of the existing site plan and the proposed Conditional Use Permit. Ms. Snay also stated that petitioner has requested to change the request to include Grades K-12 and not just K-5. Chairman Matthes questioned if the staff recommendation is for Grades K-12, Ms. Snay advised that staff did not feel that any more traffic would be generated at this time if the petition included Grades K- 12, Mr. Kelly confirmed that he was in agreement. . Chairman Matthes asked for comments from the petitioner. Pastor Wallace Cooley introduced himself and advised that the church's desire was to start educational services in the Fall 2002. He explained that there was a miscommunication and that they do wish to include Grades K-12. He advised that the facility would be starting with Grades K-5 and then adding several grades at a time each year. Pastor Cooley further stated that the existing facilities and classrooms used for Sunday school would be suitable for their Christian school. He then asked for the Planning & Zoning Commission's approval and stated he would be happy to answer any questions they may have. t Chairman Matthes asked for questions from the Board. Mr. Grande stated that he had three questions of the petitioner: What they foresaw as the maximum number of students? What the transportation (busing) impact on the roads would be and what would be the impact on the existing septic system? Pastor Cooley answered that over the first few years, they might only have 10-25 students. He also explained that it would be a number of years before those numbers may increase to the level that they have on Sunday's. He stated that they have no intention of busing any of their students so he feels there should be no impact in that area. He advised that their facility already has 3 existing septic systems that are sufficient for their maximum filled capacity, He does not feel that they will outgrow those facilities any time in the near future, P & Z Meeting August 16,2001 Page 5 ....... '-' Chairman Matthes questioned what the approximate hours of operation would be. Pastor Cooley said they do not have any set schedule at this point in time, but may be around 8:30 a,m. to 3:30 p.m, Chairman Matthes asked the Board if they had any further questions. f Hearing none. Chairman Matthes opened the Public Hearing. Seeing no one in the audience. Chairman Matthes closed the Public Hearing. Chairman Matthes asked if the Board had any other questions of Staff. Mr. McCurdy asked to see the aerial map and what kind of property is to the north and west. Ms. Snay advised that those areas are both single-family residential homes, Mr. Hearn questioned if condition #3 would be an administrative modification. Ms. Snay stated that if any expansion would need to be done to the building, the petitioner would have to come before the Board again, Mr. Kelly added that there is an administrative approval for small changes (he believes percentages of square footage etc) to the Conditional Use, Any major changes would have to come back before the Board. · · f Mr. Hearn stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.07.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval 10 the application of Liberty Baptist Church for a Conditional Use Permit to allow educational services as an Accessory Use to a religious facility in the I (Institutional) Zoning District with the 3 conditions stated (including the modified condition allowing Grades K-12 instead of K-5 only) because it seems to be a good additional use to their existing facility and it would blend in well with the neighborhood. · Motion seconded by Mr. Grande. · Upon a roll call vote the motion passed unanimously (with a vote of 7-0) and forwarded to the County Commissioners for approval. · P & Z Meeting August 16, 2001 Page 6 '-' ...., AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDA Y, SEPTEMBER 18, 2001 7:00 P.M. ( LIBERTY BAPTIST CHURCH, INC. OF FORT PIERCE, has petitioned St, Lucie County for a Conditional Use Permit to allow educational services in the I (Institutional) Zoning District for the following described property: Location: 3660 West Midway Road (Northeast corner of the intersection of West Midway Road & Dunn Road) . Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the ,Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered, Prior to this public hearing, notice of the same was sent to all adjacent property owners September 5, 2001. Legal notice was published in the Port St, Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on September 4 , 2001. File No. CU-01-005 '-') , ....,: BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR September 4, 200 I In accordance with the St. Lucie County Land Development Code, you are hereby advised that Liberty Baptist Church, Inc, of Fort Pierce has petitioned St. Lucie County for a Conditional Use Permit to allow educational services in the I (Institutional) Zoning District. Location: 3660 West Midway Road (Northeast corner of the intersection of Midway Road & Dunn Road) THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M" or as soon thereafter as possible, on Tuesday, September 18, 2001, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the County Planning Division at least 3 days prior to a scheduled hearing, . County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing( s). Y óu may speak at a public hearing, or providé written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose. he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in, Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428, If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1960 if you have any questions. and refer to: File Number CU-Ol-OOS. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 7JttMvnJ¿ 7~?L&-nL / J}/¿0 Frannie Hutchinson, Chairwoman 5 JOHN D ß~UHN, Dimic, No 1 . DOUG COWA~D. Disrrk, NO.2· PAULA A. LEWIS, DiSHier No J . mANNIE HUTCHINSON Dimicr No.4· CLIff ßA~NES. DIS'rier No County Adminisrroror - Douglm M_ Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 Administrotion: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnical Services: (561) 462-1553 Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourlsr/Convention: (561) 462-1529 . Fox (561) 462-21 J? '-' Sf. LUCIE COUNTY ..."" BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA September 1 B, 2001 TO WHOM IT MAY CONCERN, NOTICE is hereby given in accordance with Section 11.00.03 of the SI. Lucie I County Land Development, Code and the provisions of I the SI. Lucie County Corn-' prehensive Plan, the follow- ing applicants hove requested that the St. Lucie County Board of Commis- sioners consider their fal-I' lowing request: . ..,.,.-.... I. John & Cynthia McMillin to Define a Closs "A" Mobile Home os 0 Detached Single-Family Dwelling Unit in the AG-5, (Agriq,lturol -1 du/5acres) I Zoning District fpr thefol- i lowing described property: I Hennis Acres, Lot 3., accord-I' ing to the Plot thereof, recorded ,in Plot Book 1252, Page 1049, of thé Public Records of SI. Lucie County, Flo~ido, Location: 11090 Carlton Rood, (approximately 0.75 miles north of the intersec- tion' of Carlton Rood and Glades Cut-Off Rood)' . .. ~.... 2. liberty Baptist Church,lnc, of Fort Pierce for 0 Condie tional Use permit to c;lIow educational services in the I (Institutional) Zoning Dis- trict for the following described property, .' ~ PARCEL 1: From the northwest corner of Lot 92, White City Subdivi- sion; accord ing to the plat thereof os recorded in Plot Book 1, Page 23, of the Public Records of SI. Lucie County, Florida: run thence east along the north line of said lot, 235 feet for the point of beginning; thence continue east, 210 feet; Thence south, parallel with the west lot line, 623.02 feet, more or less, to the north right-of-way line' of Midway Rood: thence ,west, 210 feet; Thence north por- ollel with the west lot line, ·620.70, feet, more or less, to the point of beginning; less to rood right-of-way as in Official Records Book 235, PageB 1 3 of the Pub- lic Record~ of St. .Lucie County. Florida, and ...... ...... WO\-oos PARCEL 2: From the northwest corner of Lót 92, White é;ty Súbdlvi- sian, according 10 the plat thereof as recorded in Plat Book 1, Page 23, of thé Public Records of St. Lucie County, Florida; run thence east, I 5 feet; thence south, parallel with the west lot line, 409 feet for the point of beginning; thence run easl, 220 feet; thence south, parallel with said west lot line, 211.70 feet. to the north fight-of-way line of Midway Rood; thence west; along said north right-of·way line, 220 feet, more or less, to the east right· of-way of Dunn Road; thence north, on said east right-of-way line, 209.26 feet, more or less, to the point of begin-! IIing; less to road right-af- way os in Official Records Book 235, Page B 13, a( the Public Records of St, Lucie County, Florida. t . Location: 3660 West Mid- way Road (Northeast cor- ner of the interseétion of: West Midway Road & Ouim Road) PUBLIC HEARINGS will be held in Commission Chome bers, . Roger Poitras Annex, 3rd Floor, St. Lucie County 1 Administratio,n Building, 2300 Virginia Avenue, Fort Pierce, Florida on Septerri- ber 1 B, 2001, beginning at 7:00 P,M. or as soon there- , after as possible, PURSUANT TO Section 286.0105, Florida Statutes, ,if a person decides to appeal any decision made by 0 board, agency, or commission- with respect to any matter, considered at 0 meeting "or hearing, he will need 0 record of the pro- ceedings, and that, for such purposes, he may need to ensure that 0 verbatim record of the proceedings is mode, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COMMISSIONERS ST. LUCIE CQUNTY, FLORIDA /5/ Frannie Hutchinson, CHAIRWOMAN Publish: September 4, .2001 i 2226705 I FPT 1\'-t\ol TO: FROM: DATE: SUBJECT: LOCATION: ZONING DESIGNATION: '-" ...., PLANNING AND ZONJNG COMMISSION REVIEW: 08/16/01 File Number CO-OI-OOS MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager øL- August 7, 200 I Application of Liberty Baptist Church for a Conditional Use Permit to allow educational services (grades K - 5) as an accessory use to a religious facility in the I (Institutional) Zoning District. 3660 West Midway Road (Northeast comer of Midway Road & Dunn Road) I (Institutional) LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: PIP (Public Facilities) 3,92 acres Religious Facility (Liberty Baptist Church) with associated educational services (Grades K - 5). SURROUNDING ZONING: AR-l (Agricultural, Residential- Idu/acre) to the north and east, and I (Institutional) to the south and west. SURROUNDING LAND USES: The existing uses to the north and east are primarily residential uses with institutional uses to the south and west. The Future Land Use Classification to the north, east and west is RS (Residential Suburban) and to the south is PIP (Public Facilities). To the north and east are single-family residential units. To the west is additional property owned by Liberty Baptist Church was has an I (Institutional) zoning designation and is not included in this petition. To the south of the subject property is the Hospice of the Treasure Coast Facility. FlRE/EMS PROTECTION: Station #6 (350 E. Midway Road) is located approximately 3 miles to the east. '-' '-' August 7, 2001 Page 2 Petition: Liberty Baptist Church File No.: CD-OI-005 UTILITY SERVICE: Ft. Pierce Utility Authority will provide water to the subject property, Onsite sewer will be provided through a septic system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Midway Road is 95 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Capacity Deferral. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; . The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(X)(7), I (Institutional) Zoning District, allows educational services and facilities as a conditional use, subject to County Commission approval. The proposed educational facilities are to be operated within the existing Liberty Baptist Church facility, The approved site plan for the Liberty Baptist Church was approved on February 29, 1996. This plan indicates the approval of 20,974 square feet in building space (9,274 square feet- religious facility and 11,700 square feet in gymnasium space). Any expansion of this space for educational purposes would require a modification to the site plan and conditional use permit. Based upon this, the proposed conditional use permit is not in conflict with any applicable portion of the St. Lucie County Land Development Code, 2, Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. Liberty Baptist Church is requesting a Conditional Use Permit to operate educational services as an accessory use to the religious facility. The property directly south of the subject property, the Hospice of the Treasure Coast, is designated with a PIP (Public Facilities) land use designation and I (Institutional) zoning. The vacant property to the west of the subject parcel is designated with an RS (Residential Suburban) land use designation and I (Institutional) zoning. This property is owned by Liberty Baptist Church and has been designated as future growth area. Therefore, the proposed conditional use is '-" ....." August 7, 2001 Page 3 Petition: Liberty Baptist Church File No,: CU-OI-005 compatible with nearby properties and would not have an adverse impact on the surrounding properties, 3, Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. The applicant is proposing educational service at this time for grades K - 5. In order for any additional grades to be added to the existing conditional use a modification will be required with Board of County Commissioner Approval. Upon development of the property west of Dunn Road, the facility will also be required to modify the Conditional Use Permit to allow the use of the property as educational services, . 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; f f The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The proposed facility is existing. The religious facility would like to increase the services provided to the public by holding educational services for grades K - 5. COMMENTS . The applicant, Liberty Baptist Church, has applied for the requested conditional use in order to offer educational services as an accessory use to the religious facility. The subject property is a 3.92-acre tract of land located at the northeast comer of Midway Road and Dunn Road in the I (Institutional) Zoning District. Educational Services and Facilities are allowed as conditional uses in the I (Institutional) Zoning District upon approval of the Board of County Commissioners. Staff finds that this petition meets the standards of review as set forth in Section 11.07,03 of the St. Lucie County Land Development Code and is not in conflict with the goals. objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval with the following conditions: 1. This permit is to allow educational services for Grades K - 5 only. Any additional educational services will require a modification to the Proposed Conditional Use Permit. 2. The approved Conditional Use Permit is for the proposed 3.92-acre parcel of land only. Upon development of the property. west of Dunn Road, owned by the Liberty Baptist Church, an additional Conditional Use Permit will be required to operate educational services. 3, Any expansion to the square footage for the Liberty Baptist Church facility that will be used for educational purposes will result in a modification to the existing site plan and the proposed conditional use permit. Please contact this office if you have any questions on this matter. Attachment cs cc: Pastor Cooley, Liberty Baptist Church r I ) "'" ...".; Section 3.01.03 Zoning District Use Regula~ons x L INSTITUTIONAL 1. Purpose The purpose of this district is to provide and protect and environment suitable for institutional. public. and quasi-public uses, together with such other uses as may be compatible with institutional. public. and quasi-public surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3,01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code, 2. Permitted Uses a. b. c. . Community residential homes subject to the provisions of Section 7.10.07. (999) Family day care homes. (999) Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) Institutional residential homes, (999) Parks. (999) Police & fire protection (9221,9224) Recreational activities, (9991 Religious organizations (866) f · · d. e. f. g. h. 3, Lot Size Requirements · Lot size requirements shall be in accordance with Section 7.04,00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements · Off-street parking and loading requirements are subject to Section 7.06,00. 6, Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. b. c, d, e, f. ) g. Amphitheaters. (999) Cemeteries. (6553) Membership organizations (861 Correctional institutions. (9223) Cultural activities and nature exhibitions. (999) Educational services and facilities (82) Executive. legislative, and judicial functions, 191,92,93.9<.95.96.97) ~ Adopted August 1, 1990 132 Revised Through 08/01/00 '::,'J' ,'. . .~ ".. "" "wII Section 3.01,03 Zoning District Use Regulations h. L j. k. I. m. n. o. p. q, ( Fairgrounds. (999) Funeral and crematory services, (726) Theaters, (999) Medical and other health services. (80) Postal service. (43) Residential care facilities for serious or habitual juvenile offenders, (999) Social services (83) Sporting and recreational camps (7032) Stadiums, arenas. race tracks (794) Telecommunication towers - subject to the standards of Section 7.10,23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8,00.00. and include the following: a. b. c. d. e. f. ) Adopted August 1. 1990 Drinking places (alcoholic beverages related to civic. social, and fraternal uses), (999) Restaurants. (including the sale of alcoholic beverages for on-premises consumption only,) {UH'J; Funeral and crematory services. (726} Heliport landing/takeoff pads, (999) Detached single-family dwelling unit or mobile home, for on-site security purposes. (999) Residence halls or dormitories. (999) ( ~ t. 133 Revised Through 08101/00 ~~~'~ ~ ~I~ ~ d N ;;)oc;~~~ N V)0\0\('f') 0\ t::: ~ ~ ~ ~ - --- I ,~i : I Z¡'...1 ...1 ...1 ...1 ...1' U'J' lL. lL. lL. lL. L.L. 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('f') - .f""-¡-I "[0, '" . :-1 ' :8!~j~i¿i~~ ~ ;OiOOI-I'-OIV}loo S3 i~l~I~1~!g ~ 0 :r--:~.....:I-jC"'"i1~ M .....: . , . . ¡-¡ I , , 'I , : ' ro"'ItO\'oo "':o:....:.t~ V'1 ggg ª g:.§¡~II~il ~N ~.,.""-'OI'O õ 0\ V"¡ V)1V)¡V'1 a-.. 00 õ;õ ôlõl¡õ ÕI .N N f".I¡NNiN N N ~ ~ ~ll~i=~1 i i ¡ u.. . c::: .r: o ...., '" oj o U ~ " '" '" " ?: " .c ¡-. ... o " u '" 'õ. E ~ " o - :c.5 '" .... ". E 'ü .r: N :;;:' -¡;¡. c .§ v '-' AGENDA REOUEST IT~ NO. 6 Pr DATE: September 18,2001 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] . TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No, 01-208 - Establishing Application Fee for Certification under the Environmental Landscape Management ("ELM") Program BACKGROUND: See attached memorandum CA 01-2 I 72 FUNDS AVAILABLE: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed ResoIution No.OI-208, COMMISSION ACTION: E: [ ] APPROVED [] DENIED ~] OTHER: Tabled County Attorney: :ft- 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 C.A. NO: 01-2172 · DATE: September 1 I, 2001 SUBJECT: Resolution No, OI-208 - Establishing Application Fee for Certification under the Environmental Landscape Management ("ELM") Program · · BACKGROUND: Attached to this memorandum is a copy of proposed Resolution No. 01-208 which would establish the application fee for certification under the Environmental Landscape Maintenance ("ELM") Program. Pursuant to proposed Ordinance No. 01-04, the ELM Program will establish training requirements for the irrigation, land clearing, and landscape maintenance industries in the County based upon the ELM guidelines estabIished by the University of Florida, The Board will hold a public hearing on September 18, 2001 to consider adoption of proposed Ordinance No, 01- 04. The proposed application fee is twenty-five and 00/100 dollars ($25.00). This is intended to cover the administrative costs for the certification process, CONCLUSIONfRECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 01-208. Respectfully submitted, ~c1ö- Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Cooperative Extension Agent Management and Budget Director Finance Director Tax Collector . . '-" ....., RESOLUTION NO. 01-208 A RESOLUTION ESTABLISHING AN APPLICATION FEE FOR CERTIFICATION UNDER THE ENVIRONMENTAL LANDSCAPE MANAGEMENT ("ELM") PROGRAM AND PROVIDING AN EFFECTIVE DATE · WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"), has made the following determinations: 1. On September 18,2001, the Board adopted Ordinance No. 01-04 which amended Chapter 1-7.6, "Environmental Protection", of the St. Lucie County Code of Ordinances and Compiled Laws, to create Article III, "EnvironmentaI Landscape Maintenance ("ELM") Program. · 2. Section 1-7,6-49 provides that fees for the ELM Program shalI be established by resolution of the Board. · · 3. The application fee set forth in this resolution is appropriate and necessary for the administration of the ELM Program certification process. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: · 1. There is hereby established an application fee in the amount of twenty-five and 00/100 dollars ($25.00) for certification under the ELM Program pursuant to Ordinance No. 01-04. 2. This resolution shall take effect October 1, 2001. After motion and second, the vote on this resoIution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner John Bruhn Commissioner CliffBames Commissioner Paula Lewis xx XX XX XX XX Struck thlOtlgh words are deleted; underlined words are added. 1 '-' ....,,; PASSED AND DULY ADOPTED this day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK f APPROVED AS TO FORM AND CORRECTNESS: , COUNTY ATTORNEY . Stlt1ck tll10ugh words are deleted; underlined words are added. 2 ¡ L '-'AGENDA REQUEST ITE~O, ~ DATE: September 18, 2001 REGULAR [XX] PUBLIC HEARING [] f CONSENT [] f TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S, McIntyre County Attorney . SUBJECT: Prima Vista Crossings Shopping Center - Memorandum of Agreement . BACKGROUND: See attached memorandum . fUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Memorandum of Agreement and authorize the Chairman to sign the Agreement, COMMISSION ACTION: uglas Anderson County Administrator [x] APPROVED [ ] DENIED [ ] OTHER: 5-0 County Attorney' a- " Review and Approvals Originating Dept. Management & Budget ~'?/// Public Works Dir, _Ad / '".,., ..; "...~ Can, Dev. Dir, , ~ ~ -- Finance, (Check for Copy only, if applicable) Eff. 5/96 '-' '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners 4 FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2150 DATE: September 11, 2001 SUBJECT: Prima Vista Crossings Shopping Center - Memorandum of Agreement =================================================================================== . BACKGROUND: A ttached is a copy of a draft Memorandum of Agreement between the county and . C Crescent Resources, LLC. ("Crescent"). As part of the process of obtaining state and federal permits to develop the Prima Vista Crossings shopping center, Crescent will be required to . 4 perform offsite wetland mitigation activities. Crescent approached County staff with a proposal to perform the offsite mitigation on the County owned Bluefield Ranch property, 4 As proposed, Crescent would restore 1.10 acres of ditching on the Ranch that will enhance the . existing wetlands and restore wetland hydrology to approximately 80.03 acres of peripheral wetland habitat, The Developer would also conduct an annual monitoring program and submit annual reports to the South Florida Water Management District (" SFWMD") and the U.S. Army Corp of Engineers ("Corps") for a period of 5 years. Within 15 days after obtaining SFWMD and Corps permits, Crescent has agreed to pay the County $100,000:00 to be used by the County to manage the Ranch property. Commissioner Coward provided input in the negotiations leading to this Agreement, '-' ..., RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Memorandum of Agreement and 4 authorize the Chairman to sign the Agreement. .. DSM/caf Attachment . ~ ....,J MEMORANDUM OF AGREEMENT CRESCENT RESOURCES, LLC AND ST. LUCIE COUNTY, FLORIDA (PRIMA VISTA CROSSINGS) THIS AGREEMENT made and entered into 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 CREsCENT RESOURCES, LLC, a Georgia limited liability company, hereinafter referred to as the "Developer". ARTICLE 1. BACKGROUND AND OBJECTIVES WHEREAS, the Developer owns and controls certain Property in St, Lucie County, Florida, as shown and described in Exhibit" A", attached hereto and incorporated herein; and, t WHEREAS, the Developer requires use of lands for performance of wetland mitigation activities necessary to obtain Federal and State permits for the improvement of the above- referenced Property as a commercial development; and, WHEREAS, the County owns in fee title, certain lands containing 3,285 acres, more or less, in Section 15, 21-22, 25-27, 34-3ó (T37S&R37E), known as the Bluefield Ranch hereinafter referred to as the "Ranch", and acquired under the St. Lucie County Environmental Sensitive Lands Program. This property can only be used for conservation/recreation purposes; and, . . WHEREAS, past agricultural ranching and drainage activities have adversely affected the natural hydrology of certain wetlands on the Ranch; and, WHEREAS, the Developer has-the resources as well as the regulatory needs to perform wetland restoration and enhancement activities as mitigation for dredge and fill impacts on the above-referenced Property; and, WHEREAS, the Developer agrees to provide engineering services to the County and restore 1.10 acres of ditching on the Ranch that will enhance the natural hydrologic regime of existing wetlands end restore wetland hydrology to approximately 80.03 acres of peripheral wetland habitats in Section 34. g: \at ":y \agreemnt \Crescen t -NIl tiga1 Ion '-' ....,.¡ NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein, the parties hereto agree as follows: ARTICLE II. STATEMENT OF RESPONSIBILITIES A, DEVELOPER RESPONSIBILITIES 1. The Developer agrees to prepare an Environmental Resource Permit (ERP) application for the mitigation activities and payment of all fees for an individual application for the Ranch. This application and fees wiH be submitted by the Developer to the South Florida Water Management District (SFWMD) with a copy to the County. The permit must be approved by SFWMD. The mitigation plan must be acceptable to the County. A copy of the mitigation plan is attached hereto as Exhibit "B". 2. The Developer agrees to provide necessary technical information associated with the above-referenced ERP application including, but not limited to, survey and technical design of the ditch blocks. . 3, The Developer agrees to installUO acres of ditch blocking in accordance with the permitted design criteria. 4. The Developer agrees to conduct the annual monitoring program and - submit annual reports as required by conditions of the South Florida Water Management District ("SFWMD"). Application No. 991102-25 and U.S. Army Corps of Engineers ("USACOE") Permit No. 199702438 for the Property for a period of five (5) years. 5. Within 15 days after obtaining the SFWMD and USCOE permits, the Developer shall pay the County one hundred thousand and 00/100 ($100,000.00) dollars to be used by the County to manage the County's Ranch Property. t 6, The Developer agrees to maintain the restoration areas for a period of five (5) years as required by the Perm'¡'t. 8, COUNTY RESPONSIBILITIES The County agrees to permit the Developer to restore 80.03 acres on the Ranch in accordance with the mitigation plan. g: \0 ;ty \agrcemnt \Crescent ~Mi tlga tian 2 ""'" ..., ARTICLE III. TERM OF AGREEMENT; EXTENSION This Agreement shall be in effect for an initial term of five (5) years beginning on the date of execution. This Agreement may be extended upon the same terms and conditions by mutual written agreement of the parties. ARTICLE IV. TERMINATION A. This Agreement shall terminate automatically unless the term is extended pursuant to Article III by mutual written agreement prior to the expiration date of this Agreement. B. 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, the nondefaulting party may, at its option, either sue for damageš or terminate this Agreement at the expiration of the seven (7) calendar day time period. f ARTICLE V, NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by facsimile and hardcopy mailed to the parties as follows: As to the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 . With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 . As to the Developer: J. Brent Smith Crescent Resources, LLC Post Office Box 1003 Charlotte, NC 28201-1003 or to such other address as may hereafter be provided by the parties in writing. g: \atty\agre.emnt\Cr~sc~nt-Mitigati on 3 '-' 'wi ARTICLE VI. VENUE Any litigation hereunder shall be brought in the applicable state or federal court in St. Lucie County, Florida. ARTICLE VII. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and do not affect the meaning or interpretation of any provisions herein. ARTICLE VII, RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement, . ARTICLE IX. ATTORNEYS' FEES 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, 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, wether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. . ARTICLE X. WAIVER t There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement impair such right or be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 9: \a tty \cgreem nt \Cr~cent - Mi tigatio n 4 '-' .....I ARTICLE XI. INVALIDITY OF PROVISIONS The validity of one or more of the phases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement provided that the material purposes of this Agreement can be determined and effectuated. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year below noted. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: « Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: ' . BY: County Attorney WITNESSES: CRESCENT RESOURCES, LLC BY~~~ Name ~. ~~S~"\-1.4 Title )(~~ëc..\' ~p."-¿OI., Date 'b \. 'L'3, ì 0 4 . 9: \atty \agr~emnt \C rescent-M j t i ga tion 5 "'-JUL,lt "wl ll·l~HI'1 F' .:' 3 '-' ...." EXHIBIT A LEGAL DESCRIPTION' OF PRThIA VISTA CROSSING Lying and being in Section 22, Township 36 South Range 40 East, St. Lucie County, Florida, and more particularly described as follows: , Commence at the southeast corner of Section 22, Township 36 South, Range 40 East; thence, along th~ East line of said Section 22, N, 00- 15-04 W, 1609.45 feet to an iron rod with plastic cap, the point and place of BEGINNING; thence, continuing with and along the East line of said Section 22, N, 00-15-04 W. 776,33 feet to a found 3 x 3 concrete monument; thence S, 89-46-04 W. 1485,02 feet to a found iron rod ......i.th plastic cap in the eastern margin of the right-of-way of U.S. Highway No. 1 (State Road No, 5) (120' right-of,way); thence, with and along the eastern margin of the right-of-way of U,S, Highway No, 1, S. 27p55-21 E. 745.33 feet to a found iron rod with plastic cap; thence, leaving the eastern margín of the right-of-way of U.S. Highway No.1, N. 84-51-00 E. 309,09 feetto a point; thence S. 27-55-21 E. 272.48 feet to a found iron rod with plastic cap; thence N. 73-27-31 E. 260.06 feet to a point; thence S, 27-54-26 E. 80.41 feet to a point; thence N. 73-27-31 E, 311.59 feet to a found iron rod Vv"Îth plastic cap; thence S, 27-54.,26 E. 25.00 feet to a found iron rod with plastic cap; thence N, 73-27-31 E, 111,22 feet to a found iron rod \'vith plastic cap, the point and place of BEGI:N1'-t"ING, contaÏDing 22.75 acres, more or less, as shown on an ALTAJACSM survey prepared for A.G. Interests, Inc., (Job No. 22830a), dated February 17, 2000, last revised January 23, 2001, and prepared by Culpepper and Terpening, Inc., Michael T. Owen. PSM. . , . 4 4 . . C·,Q6,1J2vOJ_ 04~1.0t1:z' ,AlJ..JtOð NOT A SURVEY I~ ~~ ~~ ~8 ~~ ~! ~~ S~ c~ !~ gs ~i ~g h u~ h ë~ .~ g~ ..~ ~.. oS ~~ ~B ..~ ~; ~o ~~ ~~ ~~ ~~ ~~ ~~ .1' i~ ~~ .1' ~~ ~Ii zo ~E ~: ~~ .~ ~.. ZC 00 u~ ~~ ~o ~~ ~~ tS8 o. "0 ~-¡j ~~ !~ ~ LEGEND I· : . : . : . : ·1 - PROPOSED ENHANCED WETLANDS (±73.66 ACRES) - PROPOSED DITCH TO BE FILLED RLW JOB NO.: DATE: COUNTY: 01-030 29 AUGUST 2001 ST. LUCIE PRIMA VISTA APPROVED BY: SCALE: STATE: BLUEFIELD OFF-SITE 1 RL WEIGT 1" = 1000' 37E FLORIDA PLAN V ~ o North 0' 500' 1000' ~ 2000' I SCALE: 1" = 1000' 4000' I · · · . 4 SOURCE: USGS DIGITAL ORTHOPHOTO QIJADRANGLE, BLUE FIELD, NORTH OF BLt'EFlELD :ROSSING fITIGATION AREA EW R. L. WEIGT ENVIRONMENTAL CONSULTANTS, INC. 8985 S.E. BRIDGE ROAD, SUITE A, ROBE SOUND, FL 33.:155 H01\E: (561) 546-6255 FAX: (561) 546-2316 E-MA,JL l'iwl@adelphia.net DRA WI1'>G 1\AME: BLUE-MIT-llX17 FIGURE: 1 OF 1 . ....... 0' 5' 10' ~ ....... , SCALE: 1 ft = 10' 40' VOLUME OFFILL 2,667 C.YJL;F. 5,477.4 LF. 14,606 C.Y. NATURAL GRADE /EXlSTING DITCH 18' 18' LEGEND EXISTING BERM TO BE REMOVED TO NATURAL GRADE (:1.01 ACRES ) EXISTING DITCH TO BE FILLED TO NATURAL GRADE (:1.01 ACRES) FILE: 001 01-0SMIT1.DWG PROPOSED DITCH RESTORATION BLUEFIELD RANCH PRESERVE AREA ('lLCULPEPPER . -~==TERPEN ING.INC. CONSULTING ENGINEERS & LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 (561) 464-3537 PRIMA VISTA CROSSINGS PROPOSED OFF-SITE MITIGATION TYPICAL DITCH CROSS-SECTION ". . , ~/ '-AGENDA REQUEST ITE~O, &0 DATE: September 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: Prima Vista Crossings Shopping Center - Road Contribution and Construction Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA nON: Staff recommends that the Board approve the Road contribution and Construction Agreement and authorize the Chairman to sign the Agreement, COMMISSION ACTION: CONCURRENCE: If:] APPROVED [ ] DENIED [ ] OTHER: 5-0 County Attorney: ~. Review and Approvals /0 Public Works Dir: ~ Com. Dev. Dir: ~)õ\rl County Engr: (~~ Originating Dept. MSBU Coord: Finance: (Check for Copy only, if applicable) Eff. 5/96 · '-" -...I INTER-OFFICE MEMORANDUM ST, LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2165 DATE: September 11, 2001 SUBJECT: Prima Vista Crossings Shopping Center - Road Construction and Contribution Agreement ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached to this memorandum is a Road Contribution and Construction Agreement between the County and Crescent Resources, LLC (Crescent). Under the terms of the Agreement, Crescent agrees to design and construct improvements to Prima vista Boulevard. In addition, Crescent agrees to convey to the County right-of-way needed to construct the Prima Vista Boulevard improvements. In return, the County agrees to grant credits against County road impact fees for any costs associated with non-site related improvements. The agreement also provides for reimbursing Crescent for a "Credit Shortfa" (as defined in Paragraph 3 of the Agreement) over a 10 year period. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Road Contribution and Construction Agreement and authorize the Chairman to sign the Agreement. Respectfully submitted, DSM/caf Attachment , , '-' 'wi ROAD CONTRIBUTION AND CONSTRUCTION AGREEMENT (Prima Vista Crossings) This Agreement made and entered into this _ day of , 2001, by and among ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"),and CREsCENT RESOURCES, LLC, a Georgia limited liability company ("Developer), RECITALS .- WHEREAS, A, Developer is the owner of certain property located within St, Lucie County as more particularly described on Exhibit 1 attached hereto and made a part hereof ("Developer's Property"). B. Developer proposes to develop a portion of Developer's Property as a commercial retail shopping center ("project") as more particularly shown on the proposed site plan attached hereto as Exhibit 2 ("Site Plan"). C. In order to complete the Project, it is necessary to construct a portion of Prima Vista Boulevard by making certain roadway and intersection improvements as shown on the Site Plan ("Prima Vista Boulevard Improvements"). D, County is the legal entity responsible for the construction and maintenance of Prima Vista Boulevard and desires all parties to execute an agreement to insure the construction of the Prima Vista Boulevard Improvements and the compliance with the provisions of this agreement. NOW, THEREFORE, for and in consideration of these premises, the mutual undertaking and conditions contained and assumed herein, the receipt and sufficiency of which is hereby acknowledged, the Developer and the County hereby covenant and agree as follows: 1. Recitals, The recitals contained herein above are true and correct and are incorporated herein by reference, 2, Responsibilities, 2a. Improvements. The Prima Vista Boulevard Improvements shall include all component parts thereof, including the dedication and/or conveyance of the land underlying same, and all other appurtenances as shown upon the approved plans for the construction of the Prima Vista Boulevard Improvements. 9: \atty\agreemnt\crescent-road cont -1- '-' ......, 2b. Design. Developer shall cause its professional engineers, registered in the State of Florida, to design the Prima Vista Boulevard Improvements in accordance with all applicable regulations, standards and specifications. Such design shall be fully subject to the approval of the County Engineer and shall conform in all respects to the written criteria of the County governing road construction ultimately to be accepted by County for ownership, operation and maintenance. County reserves the right to charge reasonable fees commensurate with the costs to County of reviewing such engineering plans and furnishing to Developer's engineer information regarding Same. All such plans shall be subject to the approval of any agencies having jurisdiction over the design and construction of the Prima Vista Boulevard Improvements. (The plans, once approved, are hereinafter referred to as the "Approved Plans" .) .- 2c, Cônstruction. Developer will construct the Prima Vista Boulevard Improvements in accordance with the Approved Plans utilizing a licensed general contractor, The form of the contract for construction shall be a standard AIA form. The contract will provide that the Contractor shall provide a public construction bond in accordance with Section 255.05, Florida Statutes. County shall have the right to inspect all of the Prima Vista Boulevard Improvements, and to cause the Developer's engineer to conduct tests thereon, as construction progresses to assure County that the Prima Vista Boulevard Improvements are constructed in accordance with the Approved Plans and are further consistent with the criteria and specifications governing the quality and kind of construction. If requested by the County, the Developer's engineer of record and/or the County's engineer or authorized inspector shall be present at all tests pertaining to the Prima Vista Boulevard Improvements. County reserves the right to charge an inspection fee not to exceed 1 'Yo of the cost of the construction of Prima Vista Boulevard Improvements. County reserves the right to charge Developer the applicable permit fee for road construction and recording costs. 2d, Conveyance. The Developer shall, within thirty (30) days following completion of construction of the Prima Vista Boulevard Improvements, conveyor dedicate to the County the 130' right-of-way underlying the Prima Vista Boulevard Improvements. Such conveyance shall be by Special Warranty Deed in form reasonably satisfactory to the County Attorney of St, Lucie County ("County Attorney"), together with such evidence as may be reasonably requested by County Attorney that the right-of-way transferred to County are titled to County free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to County. To the extent that any portion of the Prima Vista Boulevard Improvements are personal property, Developer shall convey such personal property to County by Bill of Sale in form reasonably satisfactory to the County Attorney, together with such evidence as may be reasonably requested by County Attorney that the right-af-way transferred to County are titled to County free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to the County, 2e. Costs. Developer shall maintain accurate cost records of all professional fees (including legal, surveying, title, and engineering fees) and all construction and other costs reasonably relating to this Agreement and the Prima Vista Boulevard Improvements (collectively, the "Costs"). The Costs shall include reimbursements to the County for plan review fees, inspection fees, permit fees and similar g:\atty\agreemnt\crescent-road cant -2- '. . '-' -.,,¡I reimbursements under this Agreement. The Costs shall be furnished to the County contemporaneously with, and as prerequisite for, the acceptance by County of the Prima Vista Boulevard Improvements. 3. Road Impact Fee Credits Pursuant to the Code of Ordinances of St. Lucie County, Florida, the County shall provide to the Developer, credits against County road impact fees (collectively, "Road Impact Fee Credits") up to the Costs the Developer incurs in connection with the Prima Vista Boulevard Improvements, less an allowance for trips generated by the development. The Road Impact Fee Credit, shall include the value of the land contributed on the following basis: The greater of the fòllowing (if applicable): 3a, 120% of the value as assessed for ad valorem tax purposes by the Office of the Property Appraiser of St. Lucie County; or 3b. The value as determined by virtue of the Independent Property Appraisal, subject to the Required Property Review Appraisal, as provided by the applicable ordinances of St. Lucie County. If the Developer does not institute the valuation process as contemplated in (b) above, the value as provided in (a) above, shall establish the fair market value for the property to be dedicated. Any Road Impact Fee Credit authorized by the Board of County Commissioner for St. Lucie County shall be done consistent with the requirements of Section 1-17-33.1 of the Code of Ordinances for St. Lucie County. To the extent that there are sums not so credited because the Costs and land values exceed the amount of road impact fees payable by Developer ("Credit Shortfall"), the Credit Shortfall shall be subject to further reimbursement as set forth below. 4, Refundable Advances. To the extent that the Developer is entitled to Road Impact Fee Credits and the same are not credited, to the extent of the Credit Shortfall, the Developer shall be entitled to a contingent refund of such sums based upon the future utilization of the Prima Vista Boulevard Improvements by persons, firms or corporations owning and developing properties located between the intersection of Lennard Road and Prima Vista Boulevard and the eastern boundary of the Prima Vista Boulevard Improvements ("Future Users"). The County and the Developer shall execute a Credit Agreement providing that the Developer shall, to the extent of the Credit Shortfall, be paid the road impact fees paid by all Future Users. The term of this obligation shall be limited to ten (10) years after the date of conveyance of the Prima Vista Boulevard Improvements to the County. Notwithstanding the forgoing, if a Municipal Service Benefit Unit ("MSBU") is created which includes the Prima Vista Boulevard Improvements, the Developer's property shall be included in the MSBU and the MSBU shall immediately pay the Credit Shortfall. g:\atty\agreemnt\crescent-road cont -3- · , '-" ....., 5. Notice. Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail or by telefax and, if to the Developer, shall be mailed to Developer at: as to Developer: J. Brent Smith Crescent Resources LLC P. O. Box 1003 Charlotte, NC 28201-1003 .- and if to the County at: St. Lucie County c/o County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 6. Recordation of Agreement. f This Agreement shall be recorded at Developer's expense in the Public Records of St. Lucie County, Florida. 7. Remedies, In the event of a default hereunder, the non-defaulting party shall have all remedies at law or equity, including the remedy of specific performance. In the event of any litigation relating to this Agreement, the prevailing party shall be entitled to recover all expenses and costs incurred, including reasonable attorney's fees and paraprofessional fees, including, but not limited to, appeals, bankruptcy and collection. 8. Time of Essence. Time is of the essence with respect to each provision of this Agreement which requires that action be taken by either party within the stated time period, or upon a specified date. 9. Venue, The venue of any litigation arising out of this Agreement shall be St. Lucie County, Florida, All parties waive trial by jury, 10. Headings. The headings contained in this Agreement are for convenience of reference only, and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement, g:\atty\agreemnt\crescent-road cont -4- '-' ...." 11. Pronouns, In this Agreement, the use of any gender will be deemed to include all genders, and the use of the singular will include the plural, wherever it appears appropriate from the context. t 12. Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, will not affect the right of that party to require performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement should rrot be construed as waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement, No notice to or demand on any party in this case will, of itself, entitle a party to any other or further notice or demand in similar or other circumstances, 13. Binding Effect. . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns, 14, Counterparts. . This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 15. Construction. f This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. t 16. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings made in connection with the subject matter, No modification or amendment of this Agreement shall be binding upon the parties unless the same is in writing and signed by the party to be bound, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman g:\atty\agreemnt\crescent-road cont -5- ~ '-' APPROVED AS TO fORM AND CORRECTNESS: BY: County Attorney 4 WITNESSES: ~G'i1~ ,iá Print Name ~ >-j yt-µ , ~ ð~71f 1J{eJ{JHJA~ Print Name: I tJj¿;¡<:; CRESCENT RESOURCES. LLC BY' MfiuuAi::~ Print Name: /'4)1t--e.. íÃl'f'l Title: V"'~~/~ STATE OF NORTH CAROLINA COUN1Y OF \T\~I~b\¡~ . The foregoing instrument was acknowledged before me this It:'" day of AI><juS+ ,2001, by fÍÌi ~e. W;~gi(lS ,theVit..e.. ~re~¡Ø~rrt- ofCRESCENTRESOURCES,LLC,aGeorgia Limited Liability Company, who is ---.. personally known to me, or _ who has produced as identification and who did/ ~ not take an oath. ~4-~ . Notary Seal Notary Public, State of North Carolina Print Name: Qre.n ç-eJ.loU""'Q 1 My Commission Expires: Î Cl ~oo5 ",........." ,..", ~EN FE!)'''' ....' ~.......... ~~iI! ..'.. ..~- ~ ... , '" f ~! "'or~1\\. \ '\ :~:,o-.- : : \~\ beLae J(ji .. '.... . ; ~ ;: ~'\~ ... ~. ....." "''', (9~ ........... .. ~ ill""" í9G CO~ ~..~ """.......-' 4 . g:\atty\agreemnt\crescent-rood cant -6- ....... ,...... ...,,.' .......,...,.. F' ':>' ':t . -' -' ; . '-' ...., EXHIBIT 11/4 LEGAL DESCRIPTION' OF PRIi"WA VISTA CROSS1NG Lying and being in Section 22, Township 36 South Range 40 East, St. Lucie County, Florida, and more particularly described as follows: · Commence at the southeast comer of Section 22, Township 36 South, Range 40 East; thence, along the East line of said Section 22, N. 00- 15-04 W. 1609.45 feet to an iron rod with plastic cap, the point and place of BEGINNING; thence, continuing with and along the East line of said Section 22, N. 00-15-04 W. 776.33 feet to a found 3 x 3 concrete monument; thence S. 89-46-04 W. 1485.02 feet to a found iron rod with plastic cap in the eastern margin of the right-of-way ofU.S, Highway No.1 (State Road No.5) (120' right-of~way); thence, with and along the eastern margin of the right-of-way ofU,S, Highway No, 1, S. 27~55-21 £, 745.33 feet to a found iron rod with plastic cap; thence, lea:vmg the eastern margin of the right-of-way of U. S. Highway No.1, N. 84-51-00 E. 309,09 feet to a point; thence S, 27~55-21 E. 272.48 feet to a found iron rod with plastic cap; thence N. 73-27-31 E. 260.06 feet to a point; thence S, 27-54-26 E, 80.41 feet to a point; thence N. 73-27-31 E, 311.59 feet to a. found iron rod ",.rim plastic cap; thence S, 27-54.,26 E. 25,00 feet to a found iron rod with plastic cap; thence: N. 73-27-31 E. 111.22 feet to a found iron rod Viith plastic cap, the point and place of BEGINNING, containing 22.75 acres, more or less, as shovvn on an ALTNACSM survey prepared for A.G. Interests, Inc., (Job No. 22830a), dated February 17, 2000, last revised January 23,2001, and prepared by Culpepper and Terpening, Inc., Michael T. Owen. PSM, · . · · f C·706~2v01_ 04~1.otU\.AlJ..JlO& \ ...." ? ~GENDA REQUEST ITE~O, &D DATE: September 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: Prima Vista Crossings - Development Agreement - Permission to Advertise . BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise the initial public hearing on Tuesday, October 9, 2001 at 9:00 a.m. [x] APPROVED [ ] DENIED [ ] OTHER: 5-0 D 91as Anderson ounty Administrator COMMISSION ACTION: County Attorney: > Review and Approvals MSBU Coord. : ~ Public Works Dir: ' ; AJ Com. Dev. Dir.: .~~ ~~. 0j I Originating Dept. County Eng, : Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' "wII INTER-OFFICE MEMORANDUM ST, LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2166 DATE: September 11, 2001 SUBJECT: Prima Vista Crossings - Development Agreement - Permission to Advertise ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: f Attached to this memorandum is a copy of a draft Development Agreement between the County and Crescent Resources, LLC ("Crescent"). The main purpose of the Agreement is to formalize Crescent's commitment to pay t of the share of the cost of improvements attributable to the single family residential properties with the Lennard Road MSBU, not to exceed $18,000.00. State law requires that the Board hold 2 public hearings before determining whether to approve the Development Agreement, For the Board's information, Porta Oaks Holding, the other developer whose representatives verbally agreed at the Lennard Road MSBU hearing, has not yet agreed to negotiate a Development Agreement with the County, RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise the initial public hearing on Tuesday, October 9, 2001 at 9:00 a.m. Respectfully submitted, DSM/caf Attachment Daniel S. McIntyre County Attorney / . . \wi ...." DV A 01- DEVELOPMENT AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND CREsCENT RESOURCES, LLC THIS AGREEMENT is made and entered as of this day of 2001, by and between the BOARD OF COUNTY.·COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the ~Board"), and CRESCENT RESOURCES, LLC., a Georgia Limited Liability Company (the "Developer"), WHEREAS, the Board and the Developer recognize the following: . A. This Agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243, Florida Statutes (Act), and Section 11.08,00 (Development Agreements) of the St, Lucie County Land Development Code (LDC). B, The Developer owns certain real property (Property) located In St. Lucie County, Florida, and described in the attached Exhibit" A" (Property), C. On June 6, 2000, the Board held a series of public hearings to consider the creation of three municipal services benefit units to install road, water and wastewater improvements (the "Improvements"); the Lennard Road 1 Municipal Services Benefit Unit (road improvements); the Lennard Road 2 Municipal Services Benefit Unit (potable water improvements); and the Lennard Road 3 Municipal Services Benefit Unit (wastewater treatment improvements) (collectively hereinafter referred to as the "MSBUs"); and, D. The property is within the limits of the MSBUs and will derive a non-exclusive benefit from creation of the MSBUs because the installation of improvements will allow the Developer to develop the Property; and, E, The County and the Developer have previously entered into a Road Contribution and Construction Agreement wherein the Developer agreed to donate right-of-way and construct road improvements for a portion of Prima Vista Boulevard; and, F, In order to encourage the County to approve the creation of the MSBUs and in consideration of the benefits that the Developer will receive from construction of the g:\atty\agreemnt\Crescent - Dev Agmt Page 1 of 11 ~ .." improvements, representatives of the Developer voluntarily agreed to: (1) pay one-half of the share of the cost of the Improvements attributable to the single family residential properties within the MSBUs not to exceed $18,000; and, (2) provide a site plan to the County showing the proposed development of the Property as a commercial shopping center prior to the County's public hearing to consider the levy of assessments by the MSBUs; and, G, Based on testimony at the public hearings and in reliance on the commitments of the Developer, the County adopted Resolutions Nos, 00-103, 00-104, and 00-105 and created the MSBUs. 4 ..- H. Iif order to -foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, the Board and the Developer desire to establish by agreement the terms under which the Property may be developed, . I. On , 2001, the Board held the first public hearing on this Agreement, after publishing notice approximately seven days prior to the first hearing. Notice of intent to consider this Agreement was mailed by the Board at least 15 ddys prior to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet of the Property. J, On ,2001, the Board held the second public hearing on this Agreement, after publishing notice approximately seven days prior to the second public hearing and after announcing at the first public hearing the day, time, and place of such second public hearing, NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1. Accuracy of Recitals, The above recitals are true and correct, 2, Mandatory Provisions. a. Legal Description and Owner. g:\atty\agreemnt\Crescent - Dev Agmt Page 2 of 11 '-" -.",I The land that is the subject of this Agreement is described in the attached Exhibit' A". The owner of legal and equitable title to the Property is CRESCENT RESOURCES, LLC, a Georgia Limited Liability company. b, Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 11, unless earlier terminated as provided in Section 8. c. Uses. Densities. Intensities. He-ight. and Architectural Standards The development uses permitted on the Property, including densities, intensities, and height, shall be as follows: Uses Allowed: As identified in Section 3,01.03(5)(2) of the St. Lucie County Land Development Code (latest edition). . Density Allowed: The gross density allowed shall not exceed 50ïo of the gross site area, Intensity Allowed: The intensity of the site shall not exceed 134,855 s.f. as indicated on the Site Plan, Height Allowed: 60 ft. (maximum) Architectural Standards: See attached d. Future Land Use Map Designation. The land use designation of the Property under the future land use element of the St. Lucie County Comprehensive Plan is COM ("Commercial"), e. Zoning, The current zoning of the property is CG ("Commercial General"). g:\atty\agreemnt\Crescent - Dev Agmt Page 3 of 11 f. Site Plan. '-" .\wJ The Developer has previously submitted to the Board a final site plan for the Property consistent with the approved conceptual site plan and the provisions of Section 2c herein, This Agreement is contingent upon County approval of the final site plan. g. Public Facility Adequacy. . Development of the property is contingent upon completion of the improvements financed by the MSBUs. h, Local Development Permits. Property are: The local development permits required for the development of the t (1) (2) (3) (4) (5) (6) (7) (8) Comprehensive plan amendment - N/ A Rezoning - N/ A Submission to Treasure Coast Regional Planning Councilor Florida Department of Community Affairs - N/ A Regulatory permits - surface water management permit(s) from the South Florida Water Management District, The need for other regulatory agency permits shall be determined based upon final site construction plans, Subdivision plat approval - will be required prior to the sale of any lots or properties. Final development order - required prior to commencing construction. Site plan approval - required prior to commencing construction. Building permit - required prior to commencing construction, f I. Responsibility for Local Development Permits. All local development permits shall be obtained at the sole cost of the Developer and in the event site plan approval and/or a building permit is/are not received, no further development of the Property shall be allowed until such time as the Board has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the St, Lucie County Comprehensive Plan, g:\atty\agreemnt\Cr~sc~nt - Dev Agmt Page 4 of 11 "-'" .....J J. Consistency with Comprehensive Plan. The Board finds that the development of the Property as provided in this Agreement is consistent with the St, Lucie County Comprehensive Plan. k. Consistency with LDC. Provided that the Developer submits and obtains Board approval of a site plan in accordance with Section 2c of this Agreement that complies with the County's Land Development Code ("LDC"), the Board finds that the development of the Property as provided in this Agreemèñt is consistent with the LDC. . I. Compliance with Other Law. Failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction; and any matter or thing required to be done under existing ordinances of St. Lucie County shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived. . I m, Necessarv Conditions, The Board reserves the right to impose conditions and requirements on any development order as necessary to protect the health, safety, and welfare of the public and the citizens of St. Lucie County. . 3. Agreement to Pay Single Familv Residential Share. The Developer agrees to pay one-half of the share of the cost for the installation of the Improvements attributable to the single family residential properties within the MSBUs as described on Exhibit" B" (the "Single Family Cost") with Developer's share not to exceed $18,000,00, This cost is currently estimated to be $36,000.00. The Developer agrees to pay $18,000.00 as its one-half share of the Single Family Cost within 15 days of the receipt of an invoice from the Board setting forth the estimated amount due, If the final cost is less than the estimated cost, the Developer shall be entitled to receive one-half of the difference, This obligation shall survive the revocation or termination of this Developer Agreement. 4. Final Site Plan Submittal. The Developer has previously submitted a final site plan (the "Site Plan") to the Board in accordance with the provision of Section 2c of this g:\atty\agreemnt\Crescent - Dev Agmt Page 5 of 11 '-' .....; Agreement showing the proposed development of the Property. The Developer further agrees that the plan for development of the Property as shown on the Site Plan will not be changed unless approved by the Board in its discretion by action of the Board separate and apart from any regulatory approvals required for the development of the Property by the Board or any other regulatory agency. 5. Adequacy of Public Facilities; Continued Reservation of Capacity. The following items in regard to the adequacy of public facilities in this area are acknowledged: ... t a. Drainage: The Property is located in part within the identified 100 year flood plain. All construction activities will be in accordance with applicable St. Lucie County and South Florida Water Management District permitting standards and regulations. b. Potable Water: Subject to completion of Lennard Road 2 MSBU improvements, the Property will be serviced by Port St. Lucie Utilities (the "City of Port St, Lucie"), The Developer acknowledges that it is his responsibility to bear the cost of providing potable water to the Property from the nearest available service location in accordance with all applicable Port St. Lucie Utility Construction Standards and Specifications, . , c. Sanitary Sewer: Subject to completion of the Lennard Road 3 MSBU improvements, the Property will be serviced by the City of Port St. Lucie. The developer acknowledges that it is his responsibility to bear the cost of providing sanitary sewer to the Property from the nearest available service location, in accordance with all applicable Port St. Lucie Utility Construction Standards and Specifications. d, Solid Waste: Sufficient capacity exists in the St, Lucie County Landfill to service the anticipated demands of the Property, f e, Parks: Sufficient capacity exists within all required level of service categories for the proposed number of residential units, f. Mass Transit: Not applicable, g, Roads: Subject to completion of the Lennard Road 1 MSBU improvements, sufficient roadway capacity will exist to support the proposed development of this project. g:\otty\ogreemnt\Crescent - Dev Agmt Page 6 of 11 '-'" '.J 6. Amendment of Cancellation by Mutual Consent. This Agreement may be amended or cancelled by mutual consent of the parties, and shall terminate upon the issuance of the last Certificate of Occupancy for last residential building as shown on the approved Site Plan, Prior to amending this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. No further development permits that would result in the generation of any additional required Level of Service impacts will be issued until a new Final Development Order has been issued, Any application for a new Final Development Order, except for a modification to an existing building, structure, or site facility that does-not require a new concurrency review, will be subject tõ all applicable standards and regulations in effect at the time the application is filed, Any application for Final Development Order, for a modification to a building, structure, or site facility built or constructed in accord with the terms of this development agreement shall be subject to any applicable St, Lucie County construction standard or code in effect at the time the application is filed. . . 7. Involuntary Revocation of Development Agreement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with, Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement, The provisions of Paragraph 4 requiring Board approval of any change in the Site Plan shall survive the revocation of the Agreement. f f 8. Term. The term of this Agreement shall be ten (10) years from the effective date. This Agreement may be extended by mutual consent of the Board and the Developer, subject to public hearing in accordance with Section 11.08.02 of the LDC. g:\atty\agree.mnt\Crescent - Dev Agmt Page 7 of 11 '-' "'-wI 9, Recording; Submission to Florida Department of Community Affairs. Within 14 days after the Board enters this Agreement, the Clerk to the Board shall record the Agreement in the Public Records of St, Lucie County. A copy of the recorded Agreement shall be submitted to the Department of Community Affairs within 14 days after the Agreement is recorded, If this Agreement is amended, cancelled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. · 10, Effective Date. 4- This Agreement shall be effective 30 days after its receipt by the Florida Department of Community Affairs. Notice of the effective date of this Agreement shall be provided by the Board to all affected parties to the Agreement, 11. Annual Review, f In accordance with Section 11.08,08 of the LDC, the Board shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the effective date of this Agreement, The Board shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the effective date of this Agreement, to the Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: · a. An identification of any changes in the plan of development as contained in the Site Plan, or in any phasing for the reporting year and for the next year, b. If the Site Plan provided for phasing, a summary comparison of development activity proposed and actually conducted for the year, · c, Identification of undeveloped tracts of land that have been sold to a separate entity or Developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. g:\atty\agreemnt\Crescent - Dev Agmt Page 8 of 11 'w' ......, Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement, For each annual review conducted during years 6 through 10 of this Agreement, the Board shall prepare a written report in accordance with rules promulgated by the state land planning agency. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement in accordance with the procedures set forth in Paragraph 7. 12. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law, Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11,08.02 of the LDC. « 13. Enforcement. 4 Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC, In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees, 4 14. Notices. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the Board: County Administrator St, Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 g:\atty\agreemnt\Crescent . Dev Agmt Page 9 of 11 '-" -...J with a copy to: County Attorney St, Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 For the Developer: J. Brent Smith Crescent Resources, LLC Post Offic~ Box 1003 Charlotte, NC 28201-1003 ,,- 15. Successors ánd Assigns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 . County Attorney St, Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written, c Signed, sealed and delivered in the presence of: CRESCENT RESOURCES, LLC a Georgia Li{l1ited Liability Company i Jj¡j~kÁ" \ By: Wft/L¿ (-r- Wijness - - 1J'1-UJdJ10 ~~ Print Name: U qfrs Witness g:\atty\agreemnt\Crescent - Dev Agmt Page 10 of 11 '-" "'" ATTEsT: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND .- CORRECTNESS: · BY: County Attorney · STATE OF NORTH CAROLINA COUNTY OF ffiuk~bur.3 . The foregoing instrument was acknowledged before me this I L. #) day of ~L)~LJà ,2001, by mike Wi3~j()5 . the Vit.t..V~iJ~ of CRESCENT RESOURCES, LLC, a Georgia Limited Liability Company, who is ~ personally known to me, or _ who has produced as identification and who did/ ~ not take an oath. Notary Seal ~ t~Ja." Q Notary Public, State of North Carolina Print Name: ~4r-e.n ç~..QJ"q My Commission Expires:--=:!.W9.005 · ~"... ~,,~EN F.~ ., . ~ '" i",!~ em: 1/,)-- · - J \~\ ÜSL'C. /,~! -;'~" .' ~., ;ø;.'.... &~...........~~..,.~ "," ~G CO~\~""",,'Ii ',','......'" g:\atty\agreemnt\Crescent - Dev Agmt Page 11 of 11 .."'"" -...¡'" .. L·.L _(""'"II I F'. '3 '3 """ -....I EXHIBIT A LEGAL DESCRlPTION'OF:PRIMA VISTA CROSSING Lying and being in Section 22, Township 36 South Range 40 East, St. Lucie County, Florida, and more: particularly described as follows: Commence at the southeast comer of Section 22, Township 36 South, Range 40 East; thence, along the East line of said Section 22, N. 00- 15-04 W. 1609.45 feet to an iron rod with plastic cap, the point and place of BEGINNING~ thence, continuing with and along the East line of said Section 22, N. 00-15-04 W. 776.33 feet to a found 3 x 3 concrete monument; thence S. 89-46-04 W. 1485.02 feet to a found iron rod Vlith plastic cap in the eastern margin of the right-of-way of U.S, Highway No.1 (State Roa.d No.5) (120' right-of-way); thence, with and along the eastern margin of the right-of-wa.y of V,S, Highway No, 1, S. 27-55-21 £, 745,33 feet to a found iron rod with plasric cap; thence, leaving the eastern margin of the right-of-way ofU.S, Highway No.1, N. 84-51-00 E. 309.09 feetto a point; thence S, 27-55-21 E. 272.48 feet to a found iron rod vvith plastic ca.p; thence N. 73-27-31 E. 260.06 feet to a point; thence S, 27-54-26 E, 80.41 feet to a point; thence N. 73-27-31 E. 311.59 feet to a found iron rod ",-ith plastic cap; thence S. 27-54,26 E. 25,00 feet to a found iron rod with plastic cap; thence N. 73-27-31 E. 111.22 feet to a found iron rod \Vith plastic cap, the point and place of BEGJ::N1'.¡LNG, contaùring 22.75 acres, more or less, as shown on an ALTNACSM survey prepared for A.G, Interests, Inc., (Job No, 22830a), dated February 17, 2000, last revised January 23, 2001, and prepared by Culpepper and Terpening, Inc., Michael T. Owen, PSM, . f . C·71;1e.7J'2VòI_ 04~1.0U l\ J\1.J..W& '-' ...., AGENDA REQUEST 6E ITEM NO. DATE: September 18. 2001 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] · TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: · SUBMITTED BY (DEPT.): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Pepper Park Addition / FCT Project 99-001-P9A Option Agreement for Sale and Purchase Parcel 1 Dickson Tax I.D. No. 1423-440-0012-000/1 Parcel 2 Gibson Tax I.D. No. 1423-440-0016-000/9 Parcel 5 Speranza Tax I.D. No. 1423-440-0013-000/8 Parcel 8 Lovegren Tax I.D. No. 1423-440-0011-000/4 Parcel10 Stevens Tax I.D. No. 1426-120-0001-000/7 Parcel12 Moore Tax I.D. No. 1426-310-0000-000/3 FCT $31,167.80 $36,668.00 $49,501.80 $ 2,750.10 $29,334.40 $43,084,90 SLC $2,832.20 $3,332.00 $4,498.20 $ 249,90 $2,665,60 $3,915,10 4 . BACKGROUND: Please see attached memorandum 1 FUNDS AVAILABLE: Funds are available in 145201-6230-561000-465015 (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 Board of County Commission approval of the Conceptual Approval Agreement with Florida Communities Trust to purchase the Pepper Park Addition Project and authorization to purchase Parcel G, · September 12, 2000 - Board of County Commission approved the Pepper Park Addition Grant Award Agreement. · RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Sale and Purchase for Parcels 1, 2, 5, 8, 10 and 12 highlighted in pink on the attached map, authorize the Chair to execute the Agreements and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. [xJ APPROVED [ ] OTHER: 5-0 [ ] DENIED COMMISSION ACTION: fP: IXXI County Attorney: [XXI Originating Dept.:.7C Finance: (Check for Copy only, if applicable) Review and Approvals [XX] Mosquito control:~ [ ] County Engineer. ~- [XX} OMS: J , [ ] Road & Sridge: Eff.5/96 G:\ACQI WPI YVONN EIMOSQUITOIP EPPERP A \Agenda 91801. wpd '-' ...., PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G, Cole, Property Acquisition Manager DATE: September 18. 2001 . SUBJECT: Pepper Park Addition / FCT Project 99-001-P9A Option Agreement for Sale and Purchase Parcel 1 Dickson Tax LD. No. 1423-440-0012-000/1 Parcel 2 Gibson Tax LD. No, 1423-440-0016-000/9 Parcel 5 Speranza Tax LD. No. 1423-440-0013-000/8 Parcel 8 Lovegren Tax !.D. No. 1423-440-0011-000/4 Parcel10 Stevens Tax LD. No. 1426-120-0001-000/7 Parcel12 Moore Tax LD. No. 1426-310-0000-000/3 FCT $31,167.80 $36,668.00 $49,501.80 $ 2,750.10 $29,334.40 $43,084.90 SLC $2,832.20 $3,332.00 $4,498.20 $ 249.90 $2,665.60 $3,915.10 . On August 24, 1999, the Board 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 Board 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 $17,493.00 plus closing costs. The above referenced parcels are highlighted in pink on the attached map and are the subject of this Agenda Request. 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 these parcels. With the inclusion of Parcel 1 (aka Parcel "A") access will be provided to the remainder of the subject parcels. Parcel 1 has access through Tract F. As indicated in Mr. David's memorandum of August 30, "Public Access is available via Mosquito Control Dikes and directly by water." Access to the southernly most parcel is provided by easements across the Coastal Demolition parcel. Purchase of the remainder of the parcels is quite possible however as of this date we do not have signed Option Agreements. The Option Agreements for Sale and Purchase are available for your review in the Property Acquisitions Office. RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Sale and Purchase for Parcels 1, 2, 5, 8, 10 and 12 highlighted in pink on the attached map, authorize the Chair to execute the Agreements and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Respectfully submitted. c ~~4~ Donald G. Cole Property Acquisition Manager G:\ACQ\'NPIYVONNE\MOSQUITO\PEPPERPA\Memo 91801.wpd Pepper Park Addition FCT 99-001-P9A ~ 0° ¡:j/~ II 'I ì /~ / ~- ~ o /~ ,~ // 1/-. / 1426-130-0000-0001 36.5 At; Property owner: Coastal Demolition "- cJ I // / I % // / / ('\ \ ~ ~ --..~ /', ~- ~ / \ ,/\ ~" -- :( (~ \ (~," = II "~~' "-./,-/;0 t-in __ __~:/~ý <::'~\...-J \ ,.0, '--...:<:--. \ / /; ('--- '-- " ¡ I ¡., it I CI i LJ ---'----.,=, co.~,,,- CUVe NATEr(W"'~ , " il t \, ~ Æ:~g2.!. ¡~t.Ji~~ ( . Wc.19C1cid.J2Iº/Dì\5k~ '- _~_ß- --- ~ HlfiON WAiffõ('NAV ~~~íQ~lQþYj[cJ8gÇJlÇSJ /.0tr~-:~~~D~~~--i~-T~·Yn·- ~~~ _, i~ì:_"'-" \..ltt/\[>\CLt'£~J9[Jn_ i i-:---- - y - ¡(INGi-,9'rR WAT.1;RWAY "/~ccc~;c-tD ~fillëåI.Jf"TD~!1:~r ____/·~,L:;·-, A' . f. _.~ -,.", ~ /\r(f".,'f.:/ '!j" -',~---=:J""!IT,·\ì t T-'~I- 4'1'0 ""~'-"v-,', ¡ Ij "IS' j i "u1 : I f"AV Wf))~\<\,·(·" ~..-'~.'" T ,L.' ."" / V .y I;Y.) '-j " I "'11,.1 ''¡lr'"1 1/£ =-~-~--... . ./. '¡i[JILHuiCJI,íjl i (l ..r .." --"- ':::'[ _L~"'4)~ ~-:-~-,.L~~.,L_; -.-- -_._._--~~.. --""- .. - -,,'v (] "- o () ~ ~ Legend .. .. Closed Transaction County Owned Subject Parcels . -.- Project srte boundary A - 1423-44(H)()12...()()Qi1 0.26 At; Property Owner: M.W. Dickson I S - 1423-440-0016-0009 0.26 Ac Property Owner: S.J. Gibson C - 1423-440-0015-0002 0.26 Ac Property Owner: L.E. Wallace D - 1423-440-0014-00G5 0.21 At; Property Owner: E.M. Newmark E - 1423-440-0013-0006 0.21 Ac Property Owner: L. & M, Speranza F - 1423-802-«J03-0005 0,45 At; Property Owners: K.L. Jackson F.N. Moates SA. Foreman G - 1423-802-0003-0108 1,24 At; Property Owner: St. Lucie County *'~.-~ Community Development Department ! Map Prcø-od SøptJ¡mboJ1.2OO1 ........._""""Pkfw~.-.....gord__.n, ~__~_..........IIa....,..__ord_ _~.'iI___Þ__.""'IIo'IdIr4__ ScaJe 1" - 800' \wi ....; DIVISION OF MOSQUITO CONTROL MEMORANDUM VIA: Donald Cole, Property Acquisitions Manager TO: Board of County Commissioners FROM: James R. David, Mosquito Control Director DATE: August 30, 2001 SUBJECT: Pepper Park Addition - Project 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 "W "wi DIVISION OF MOSQUITO CONTROL MEMORANDUM To: From: Date: RE: Mosquito Control District Board ~ James R. David, Mosquito Control Director September 12, 2001 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 associr.ltion 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 ... ~GENDA REQUEST ITE~NO, & r- DATE: September 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. 01-211 - Line of Credit to Provide Initial Financing for MSBU Projects f BACKGROUND: See attached memorandum I FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No, 01-211 as drafted, ~] APPROVED [ ] DENIED [ ] OTHER: 5-0 ouglas Anderson County Administrator COMMISSION ACTION: [fr/ Review and Approvals County At torney: Management & Budget Purchasing: Originating Dept. Public Works oir: County Eng,: Finance: (Check for Copy only, if applicable) Eff, 5/96 '-" '...I S SQUIRE ~DERS LEGAL COUNSEL WORLDWIDE SQUIRE, SANDERS & DEMPSEY L.L.P. MEMORANDUM To: Board of County Commissioners ofSt. Lucie County, Florida From: Robert 0, Freeman Date: September 13,2001 Re: Line of Credit to Provide Initial Financing for MSBU Projects The County has used a bank line of credit to provide funding for the initial cost associated with the design and engineering of utility and other projects within Municipal Services Benefit Units ("MSBUs") in the County. The current facility was provided by NationsBank in West Palm Beach in 1999 and has expired. Bank of America, as successor in interest to NationsBank, has proposed a 60-month term loan facility to replace the existing facility, and the County's Financial Advisor, William R. Hough & Company, has recommended that the County accept this proposaI, refinance the remaining outstanding loans under the existing facility, and utilize the new facility for MSBU borrowings between now and September of 2006. The attached Resolution would authorize the execution of a Loan Agreement between the County and NationsBank evidencing this arrangement. The Loan Agreement is an attachment to the Resolution, and the Bank's proposal letter is an exhibit to the Loan Agreement. The security for repayment of the loan would be a covenant of the County to annually budget and appropriate from non-ad valorem revenues amounts sufficient to make the annual interest payments due on the Note and, to the extent the Note has not been either paid off or refinanced, to pay the final principal due on the Note in September of 2006. As a practical matter, it is anticipated that payments on the facility will ultimately be financed through 10-15 year loans with Bank of America, secured by assessments levied against the benefitted properties in the various MSBUs, subject to the qualification that cost incurred with respect to an MSBU project that is not finally undertaken would be borne by the County. cc: Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Marie Gouin, Management and Budget Manager Christann K. Hartley, Finance Director Loomis C. Leedy, III, William R. Hough & Co. 7723v \l28902-00096/M -BOARD '-' ....., RESOLUTION NO. 01-211 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ACQillSITION AND CONSTRUCTION OF llvIPROVEMENTS IN V ARlOUS MUNICIPAL BENEFIT UNITS IN THE COUNTY AS DESIGNATED FROM TIME TO TIME BY THE BOARD; PROVIDING FOR THE BORROWING OF NOT EXCEEDING $5,000,000 ON A TERM BASIS FROM BANK OF AMERICA, TO PAY THE INITIAL COSTS ASSOCIATED WITH SUCH llvIPROVEMENTS; PROVIDING FOR THE ISSUANCE OF A SPECIAL ASSESSMENT llvIPROVEMENT NOTE (MSBU LOAN - BANK OF AMERICA FACILITY) TO EVIDENCE THE COUNTY'S OBLIGATION TO REPAY SUCH AMOUNT; PROVIDING FOR THE PAYMENT OF THE NOTE AND THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT IN CONNECTION THEREWITH; COVENANTING TO BUDGET AND APPROPRIATE FROM NON-AD VALOREM REVENUES AMOUNTS NECESSARY TO PAY THE PRmCIPAL OF AND INTEREST ON SUCH NOTE; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority For This Resolution, This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as amended, and other applicable provisions of law (collectively, the "Act"), Section 2. Definitions. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular numbers shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defmed shall have the meaning set forth in the Loan Agreement. "Bank" means Bank of America "Bid" means the Bid for purchase of the Note submitted to the County by the Bank and accepted by the County. "Board" means the Board of County Commissioners, as the governing body of the County, '-' ....., "Bonds" means the permanent financing for an MSBU Project authorized and issued from time to time by the Board. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "CIerk" means the Clerk of the Circuit Court ofSt. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. "Code" means the Internal Revenue Code of 1986, as amended. "County" means St. Lucie County, Florida. "County Administrator" means the County AdmiIÙstrator of the County. "Covenant" means the covenant to budget and appropriate moneys to pay the MSBU Note contained in Section 1 I of the Agreement. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. . , "Loan Agreement" means the agreement between the Bank and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Attachment 1. "MSBU Note" means the Special Assessment Improvement Note (MSBU Loan - Bank of America Facility), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A. "MSBU Project Costs" means all or a portion of the cost of undertaking an MSBU Project including, but not limited to: engineering, Iegal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; admiIÙstrative expenses relating soIely to the MSBU Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes; and such other costs and expenses as may be necessary or incidental to the financing or refmancing of the MSBU Project. "MSBU Projects" means improvements to be constructed within an MSBU as authorized from time to time by the Board. "Resolution" means, collectively, this resolution and all resolutions amendatory hereof and supplemental hereto, Section 3. Findings, It is hereby found, declared, and determined by the Board: (A) The County has accepted the Bid ofthe Bank to provide the Loan, 2 7724v2/28902-00096/R.AUTH MSBU lOC (OI-2It) '-' "" (B) It is necessary and desirable to provide for the securing of the Loan and for the execution and delivery of the Loan Agreement and the issuance of the MSBU Note in connection therewith. (C) The County does not expect to Issue more than $10 million ill tax-exempt obligations during calendar year 2001. Section 4. Authorization Of Note; Designation Under Code, Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Bid, the issuance by the County of a Special Assessment Improvement Note (MSBU Loan - Bank of America FaciIity), in a principal amount not to exceed Five Million Dollars ($5,000,000) to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Bid, and to be secured soIely by the Covenant, is hereby authorized. The Note is hereby designated as a "qualified tax-exempt obligation" under Section 265(b)(3)(B) of the Code. Section 5. Approval Of Form Of Loan Agreement And MSBU Note. The Loan Agreement and the MSBU Note attached hereto and incorporated herein by this reference, in substantially the fonn attached hereto as Attachment I, are hereby approved, and the Chainnan and Clerk are hereby authorized to execute and deliver such documents and to take such other actions as shall be necessary to consummate the Loan. I Section 6. Delivery Of MSBU Note. The delivery of the MSBU Note to the Bank is hereby authorized, The Chairman, the Clerk, the County Administrator, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the MSBU Note and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirabIe in connection with the execution and delivery of the MSBU Note to the Bank, including, but not Iimited to, modifications to the Loan Agreement to confonn to the Bid, Section 7. Repeal OfInconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 8. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate ITom the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of this resolution or of the MSBU Note or Loan Agreement delivered hereunder. Section 9. Amendment. This resolution may not be amended or repealed except with the prior written consent of the Bank. 3 77Z4v2128902-00096iR-AUTH MSBU LOC (01-21 I) ......." ...", Section 10. Effective Date. This resolution shall take effect immediately upon its adoption. Passed And Adopted this 18th day of September 2001, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chainnan of the Board of County Commissioners ATTEST: By: Clerk ofthe Circuit Court, ex-officio Clerk ofthe Board I APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4 7724v2i28902,00096/R-AUTH MSBU LOC (01-211) '-' AGENDA REOUEST -';TEM NO. --L DATE: September 18, 2001 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] . TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: , SUBMITTED BY(DEPT): Administration Douglas M. Anderson County Administrator SUBJECT: County Legislative Issues BACKGROUND: NjA 4 FUNDS AVAILABLE: NjA . PREVIOUS ACTION: Nj A I RECOMMENDATION: Staff recommends that the Board of County Commissioners grant permission to submit the following issues to the Treasure Coast Council of Local Governments for Lobbying Effo rts : Issue Airoort Radar Everglades Restoration! Septic Tank Project Medicaid Reimbursement I Elimination or Stabilization of Rates Beach Restoration Funding SWIM Funding Public Safety Coordinating Council! Clerk of Courts Member .. 'II Staff further recommends that the Board of County Commissioners grant permission for County lobbying efforts for the following issues: Issue CRA Legislation Revisions Public Safety Coordinating Council! Clerk of Courts Member COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: 5-0 09/14/01 FZABWARR FUND 001 001130 001139 001140 001218 001255 001258 001259 001269 001809 101 101006 102 102001 104002 105 107 107001 107002 140 140800 1 - r¡ 183001 183002 183003 183004 184203 185001 186 186204 204 215 282 304 316 362 389 401 418 421 441 451 461 471 491 501 '-" ., ST, LUCIE COUNTY - BOARD DATA """" WARRANT LIST #50- 08-SEP-2001 TO 14-SEP-2001 FUND SUMMARY TITLE General Fund TC Community Action Agency FYOO/01 FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 96/97 Section 8 Planning Grant Fla Fish and Wildlife Conservation TDC Planning Grant FYOO/01 Emergency Mgmt, Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Port & Airport Fund IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin,-County Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin,- Teen Court Ft. Pierce Beach Restoration SHIP Housing Assistance FY 00/01 Recycling Operating Fund Recycling & Education Grant FYOO/01 Communication System I&S Fund 5-Yr Bldg Bond Anticipat,I&S Fund Environmental Land I&S Fund Communication System Fund County Capital Sports Complex Improv Fund Rouse Road MSBU Capital Sanitary Landfill Fund Golf Course Fund H.E,W, Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund EXPENSES 371,942,50 908.36 17,953.78 226.62 12,519.42 74,57 110.84 259.12 88.43 90.94 55,213.82 1,211.84 5,457.15 1,468.94 493.50 202.52 61,463.82 11,057.99 1,018.31 2,084,06 26,045.85 1,307.93 886.95 300.75 390.00 24,500.00 199.33 20,859.56 8.25 230.06 18.63 211,923.75 1,927,990.00 1,280,505.00 1,902.50 23,849,83 3,986.43 3,922.10 491,792.10 4,314.43 12.41 286,963.27 14,254.34 16,887.67 387.67 2,771.21 467,986.07 736,189,87 PAGE 1 PAYROLL 297,234.88 3,356.67 0.00 3,028.57 0.00 0,00 1,480.21 3,593.86 1,188.80 1,188.80 97,151. 67 0.00 46,861.21 3,979.77 0.00 1,511.42 74,089.00 766.67 13,643.86 6,610,55 0.00 2,295.20 3,577.04 1,088.18 0.00 0,00 2,673.73 0.00 0.00 779.21 259.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 35,722.79 19,435.88 169.84 3,464.95 586.11 11,533.53 3,880.48 22,176.16 71,004.95 3,055.55 09/14/01 FZABWARR FUND 505001 510 611 625 "",. --.I ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #50- 08-SEP-2001 TO 14-SEP-2001 FUND SUMMARY TITLE EXPENSES Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library 3,605.42 52,038.52 3,039,88 69,90 GRAND TOTAL: 6,152,986.21 PAGE :2 PAYROLL 1,707.53 8,498.46 3,127.62 0.00 750,722.89 ~ 09/14/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR VOID LIST# 50- 08-SEP-2001 TO 14-SEP-2001 . ~.ID: 001 - General Fund CHECK INVOICE VENDOR 00269958 12114086 Rodriquez, Jose A '-' PAGE 1 FUND TOTAL: TOTAL 150.00 150.00 ~ '-' 09/14/01 ST. LUCIE COUNTY - BOARD DATA PAGE 2 FZABWARR VOID LIST# 50- 08-SEP-2001 TO 14-SEP-2001 . ~....JD: 491 - Building Code Fund CHECK INVOICE VENDOR TOTAL 00275597 I2129956 Crouch, Todd I2129956 CHECK TOTAL: 25.00 2.00 27,00 FUND TOTAL: 27.00 \...-- , '-' '-' ITEM NO. C-2J'1 DATE: 9/18/01 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ¿J SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Payment to L.E.B. Demolition for removal of Junk and Debris com requested by the Soard of County Commissioners. BACKGROUND: Removal of miscellaneous trashl.iunk located at property located at 2102 Woodard Ave, right-of-way, and adjacent to property owned by Willie Reynolds. FUNDS AVAILABLE: Funds of $16,500 will be made available through Budget Amendment #BA01-184 in 102-2415-534000-200 (other contractual services/Bldg and Zoning). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends payment to L.E.B. Demolition, Inc. for work completed and approve Budget Amendment BAOl-184. CONCURRE COMMISSION ACTION: III APPROVED o OTHER: o DENIED I!!I County Attorney: tÅ Review and Approvals I!!I Management and Budget: $tO fJ1~ 0 Purchasing: o Other: ¡/£' , I!!I Originating Dept: (Pub. Wks.\ o Other: (Landfill) o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodation to attend this meeting should contact the St, Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Works - Buildinç¡ and Zoninç¡ PREPARED DATE: 09/05/01 AGENDA DATE: 09/18/01 '.... A(lCOUNT NUMBER .. ACCOUN:r;N~MÊ .. , ÄMÔIJNT TO: 102-2415-534000-200 Other Contractual Services $16,500 FROM: 102-9910-599100-800 Continaencv $16,500 REASON FOR BUDGET AMENDMENT: To cover eXDenses for demoliton work cerformed at Drocertv located at 2102 Woodard Avenue, ROWand adjacent to orooerty owned bv Willie Revnolds. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01-184 DOCUMENT # & INPUT BY: '-' ....., · · · 1 G :\B U DG ET\Quattro\GEN ERAL \F ORM SIAM EN DMO 1 . wb3 / \.fLE.R. DEMOLITION, INe. 12805 S. INDIAN RIVER DR. JENSEN BEACH, FL. 34957 Ph: (561)229-8575 Fax: (561)229-3036 ...; Invoice r-~~o --'-,._---"------------.~-,._-- I l Date ! I i Invoice # I _m----.J I St. Lucie Co. B.C.C. I Finance Department j 2300 Virginia Avenue i Ft. Pierce, Florida 34982-5652 I l 9/4/2001 I I n-1993l f P.O, No. Terms Due on receipt . -'-..---.-,---..-- Description Amount m_ Re: Emergency demolition work completed 16,500,00 Location: 2102 Woodard Ave. (rightaways) Scope of Work: Furnished all labor and equipment and landfill to remove all miscellaneous trash, junk trailer filled with debris and tires. Hand picked area within the St. Lucie County rightaway. Removed asbestos containing material from one of the trailers, according to all state regulations. Sent notification to D.E.P. , ! I I , I I I I I I I i ! -- 4 1 _u_'_,- .,__.__u ...__--_,0______,- r --Total $16,500,00 l.mm _______ __ . All work is complete! AUG-31-2001 10 :OOAM FROM-EEG UIAMI . ' .', ·l~r:.. .J' .1.,:. :. .: t, .: :~:..... :':,~.~; ::. . ." .',' j. I +3053749004 , , ". ;. .~..:.J,'. : '.: ~ ' ' '....."I, T-562 P.001/003 F-OIO .. E'EàG . " : ; ~'.;~'J':.'~':-: " ..'.. Envir~nmental Consuita'l1ts":.>, , EngitlC~ers ' , Contractors Evans Environmental & Geological Science and Management, Inc. , 14505 Commerce Way Suite 400 Miami Lakes, Florida 33016 T€'!ephone: (305) 374-8300 Fax: (305) 374-9004 DATE: Of/1 / / è) / FACSIMILE COVER PAGE TO:." ¿E£:Y L5Æ~~LJ ¿ ~ß ¿) Þ.Aþ'¿;JC-/ ?)O~ FAX NUMBER: S-,6 /.- ;)..;;;:J.....~_ .70.1 ( FROM: fflH~ COMPANY: PHONE NUMBER: SUBJECT: /éA1 COMMENTS: ( d Eages to Follow) Tfle information contained in this transmission may be confidential. It is intended only for the use of the ináNiclual or enUty to whom it Is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or copying of the material herein is prohibited. If you have reC(Jived this c(,mmunication in error. please notify us immediately by telephone. Your COoperation is appreciated. If there are any problems with this transmissIon, please phone our office Immediately. ./ MelboLlrne, FL· Jacksonville, FL Miami Lakes, FL ~ Tampa, FL ~ Orlando, FL - Decatur, AL POl.arized Light Micros~opy (PLM) with ~ispersion staining techniques according to the Urured Stares (US) EnvIronmental ProtectIon Agency (BPA) "Method for the Determination of Asbestos in Bulk Building Materials." EPA/600/R-93-116, July, 1993. '. AUG-31-2001 10:00AU FROIA-EEG UIAIAI '-' +30 53Tm04 ....¡ AAL A ",..kan Asbe:¡to. Labornlories REPORT SENT fa: LEB DEMOLITION 12805 8.INDIAN RIVER DR. JENSEN BEACH, FL 34957 LEROY BECKFORD 561-229-5875IFAX:561_229_3036 PREPARED BY; Thank YOU for 'YOUr busin¿ss. AIIalysis; Sample Type #0 i' Samples BULK 1 Date in Date out Wack Order# EE&G Project# Prqiec[ Collected by Delivery by MI08092 Received by 0801000054 2100 WOODAlID,ST. LUCIE COUNTY Analyzed By: Dom ¡nick M. Dercole ~d~ . KllaJldaker 1. Anam T-56Z P.OOZ/003 F-OIO August 31, 2001 09:53 . AAL Asbestos Department 14505 Commerce Way Suite 400 Miami Lakes, FL 33016 NVLAP Code 101775 (305) 374-8300 . f . August 31,2001 August 31, 2001 CLIENT FEDEX KIA 1 Michael A. Wacker ( -it'~¿.~--" AUtlÍoriz..:"d:ß,ig-!?a~·~~ ". J r~-----'--'-' ---. I 1 i)\UG 3 f ~ ~~_. OA/ ..... OF....·r -," rï Qt.. '!~'." . Due tll the small size of asbestos fibers associated with vinyl floor tI1"a"'S';ïEroIanalÿsis is recommended for all floor ti containing < 1 % Or no detectable asbestos by visual estimation, This r"pOrt may not be reproduced except in fuJi, without the wrinen approval of AAL. AAL will not be held n,'sponsible tor the use of its reports issued in part to third parties or authorized agents of the client. "' This n'port shall not be used by the client to claim prodUCt endorsement by NVLAP nor any agency of the United States Government. All NVLAP reports displaying NVLAP logo mUst have at leasT one signature to be valid. The fol/owing analytical results preSented in this report pertain only to the samples analyzed. American Asbestos Laborawries assumes no responsibility tor whether the samples accurately represent the material in qUestion, . AUG-31-2001 10:00AM ,1) r.<O ,~ "-. ~ < E-c ~ Q.; ~ 00 þoooj CIJ ~ ~ i r:J'). ~ ,Q:¡ ~ ~ s ;2 o ~ ~ ('I"} ~ 0\ o - o o N . - M -;:;; ~ ::0 ~ FROt.4-EEG "'I AUI o ...., N o .§Z. d)N Elf") ..... d)Õ -5;> aM .~~ ~~ coO ",t:I< ~ - 8ft ~tJ ,¡:¡~ 13 ,¡:¡ N-o ,.Qd) ê:8 ",I:; <1)\1 ... ~ d)"C ?;~ "'-0 ~o Ë"-S J'3~ >- ~ ~ o u w Ö S z¡;; o . §~ oA :::eO ~o Q~ COO WO ....;¡Ñ ~ ~ z ~ w ~ o ~ o ¡¡: ~ ~u §g ,....:¡'" Up., ~ ~ ¡q zJ¡ ~ ~ !~ o ~~ ~ u e>: '" Wo "" "" :¿ ;.. § u g¡ ! ¡t.1 ~ :j '" :z: o ¡:: '< u o ..¡ ~ o 00 o ...., ;:;E ;>; o f ¡;¡ ~ Q ...: ~ ~ +3053749004 '? "" ~ ¡:: ~ ~ '" ,., '" ¡,.¡ ~ g ¡;j ~ "" ¡g o ~ ~ w U >- ~ " ~ -< õ .....; T-562 P.003/003 F-OIO , ¡ [w- i EJI ëS I ; ~~1 ~ ¡¡ f-;:.,.,...I, ~ f,~ I to,; ,.,.:. ~. 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CJ ~ð~1- U J ~ .:. u i ,~" ~ ~.. ~ ~ u ~ -;¿ $ :''' eQ I Õ . 01, VI tii 2: ð lí '" ::: ~. .:: CD ~ c; ~ ~ ò3' i .ê V'I -= I ::J 0( CQ V '" J ~ ~ ......J ~ = v. CD ~ i" .:.,... V} c åD.:] ~ ~ ~ ~. -< ~ ~ e :z CQ '" - 00( I t .gj Q $ ~ ~ ô3 ~ ~ o ,,'" ~ ",,' ," < t.,. ~ Qj ~ i5 ~ .? ~ . I V'i ~ ~ '< ~ ..;{ co ~ 'J1 1 .s .9 ;>, "E o .S '" t' <I) 0- .'j 3 '" ~ -;;¡ u '';::: ;>, ç¡; ~ frnPò-ru¿¡ . -- L.I.B. DEMOllTION'K'CONSOITING CONTRAC'hrfIS, INC. 12805 S. IDdlaD RIver Drin JelUcn Buch, Florida 34957 PbOOt S611229.,<iS75 Fax 561/229-3036 FAX COVER SHEET . SEND TO: KAARLO KALERVO COMPANY NAME: DEPARIMENT of E~V,~RONMENTAL PRO'fECTION FAX NUMBER: 561/681-6790 TOTAL PAGES. INCLUDING COVER: 2 1 ATTEN'I'ION' kyq.(2...~lo ¡c ~I eR.-1J ð MESSAGE : NOT! CE ...~ .,,', " "'", IIVIIU"," UCtJ'-1l ~11It:Ut UI L:lr rlJl/'161·~51.900(11 EH\:¡;ti... " f'~lf I ~(}- '-' NOTICE OF ASBESTOS RENOVATION OR DEMOLITION Environmental Protection Di"hlon of Air Re10urcr Management '-wi TYPE OF NOTICE (CHECK ONE ONL V): )( ORIGINAL o REVISED o CANCELLATION o COURTESY TYPE OF PROJECT (CHECK ONE ONL V): 0 DEMOLITION 0 RENOVATION IF OEMðLITION. IS IT AN ORDERED DEMOLITION? 0 YES 0 NO IF RENOVA nON: IS IT AN EMERGENCY RENOVA TlON OPERATION? ~YES 0 NO IS IT A PLANNED RENOVATION OPERATION? aYES aNO f"dliyName >t AU0l:J.:::J~7 f<vr:¡¡j#-w~y Arldre,; ~ 10 ~- 0C/_~~ _ _ (liy r::c"-T Pi B<t.C-e.- . Sial. pi lip Counly 57 Á- L«:A Q.. Sol. Consullanilnspeciing Siie E:J:; t/- (Y ~t t"'A/c-e.- þL M 1%./1J9'e. IYI ,,;..;{- ~ 8u'¡d,n~ s,,;Tt<. t4-i ¡ ~ ¡Squat. Foel) , or FlootS Age in Y.all' rr,ol u,c' 0 S~hool/ColI.HelUnivarliIY 0 Residence 0 Small Business OOlhet p',·;.n, Us., 0 SChooVCulle~elUnivetlilY a Residence a Small BuslMSS OOlh", f,eddy OwnOl 51- "v..~ ¡ Ç>. -Wr uJt'j Phone (_) C~~d~ 00 PC~L~ ~ ~Iale ~I lip 3 '-f 98'cl. III (vN'JCIOr'SName L.E.B. j)EMOLlTION, INC. Phone(~ 229-8575 AdJre" 12805 S INDIAN RIVER DRIVE ('1\ JENSEN BEACH Slate FL. lip 34957 ¡"mdJ L,cens. No. RX 0062363 I. Ihe conltacior exempt from licensure undet lecHon 469.004(7). F.S./ 0 YES 0 NO 1 1\' 5eneJul,<i Dale;: (Nol'Ce mo;! b. pO;lmarked 10 working days b.fore Ihe ptojeClslarl dale) A,be,lo.Remo"llmmlcitilyy) Slarl:_ ~·-~I Finish: q_)¡_~ Oc:mo/RenOvJlion (rnm'dú/yy) Sl.W: Finish: P'ocedu'~, 10 bc' U,ed (Check ."-11 ThaI Apply): X I 5Ir'l) Jnd Remu,al I I Clove Hag Ix Bulldo/er I W,ccku'g O.d( X I Wet Method I , . Oty Method I Explode I 0 um Duwn OTHfR . MUS T DO T AIN PRIOR D(P APPROVAL BEFORE USING ^ DRY METHOD \1 Proe"du'., lur Un.xpeeled RACM: DOCUMENT AND PROCEED WITH WET MEDTHOD \ II ".b<.lo, Was'e T 'Jnsp0rl." Nome L. E. B DEMOLITION. INC. \'1:1 ,\dd,t'u 1 'HHìC; c:: l1'JT"!T,t,M 'RT\/;'R mn\!¡;" ('" JENSEN BEACH SlalO FL. .. ",I, O"rU,"' Silt-: NJn,. CHAMBERS WASTW SYSTEMS Add",,, 10800 N, E. 128ch AVE (',,, OKEECHOBEE $"Ie FL. Phone(~) 229-B575 Zip OF FL. INC. 34957 CIJH I-III Zip 34972 ;\¡~'~O~~'~IY~Ç/~S \JI Ì-'C¡ )quJr~ ft'1'/ ~uridcmg rT\JleriJI lineJr leel I"pe ,ob.. Ic" of RACM orr (acility componenll X. fee Invoice Will Be 5enllo Add'els in Block Below: ¡Pflnl Or TY(1e) __ )QuJre It,:tll cementlllOU) mJleriJ, \qudre t~e¡ te:oIÚ'nl flooring )qUJfe I('~r J\ph...11 fOU(jnC I c\ r(lI~ ¡hJI lhp Jbove informJI;()n j} correct Jnd Ih.\t an individualltained in the provi~ion~ of Ihh. r~l::ulJlÎon (40 CFR PJrt 61, ',,"r·.11I /vi) wdl b. on·;". dOlinr, Ihe demn' 'n renovalian and evidence Ihal Ihe rcquirro t(aining hJ; been accomplished by 1~1I) DC')CJ will ue d\'JI blc (IJr ormOlI hu)jncu huuts, (OJ I.) . -~I: --Î.~ '3 Ò . ~~.. DiP U\f ONLY )¡~lm.HklD.¡(· Kt.'Ctiv\",,( 11)1 -.J U 'MdH'IJ"""..I L-.E.B. DEMOllTIO~ CONSUlTING CONTßAChtflS, INC. i PboD,561f.!19-S575 F.. 5611129-3036 12805 S. Indian River Driv, JeDSCQ Beacb, Florida 34957 FAX COVER SHEET SEND TO' KAARLO KALERVO COMPANY NAMF.: DEPARIMENl' of E!iV,~RONMEN'IAL PROtECTION FAX NUMBEIL. 561/681-6790 f TOTAL PAGES. INCLUDING COVER: 2 , ATTENTION' k¡q.{G({..,lo 1C\4-eR-Vð . ME~SAGE : Rev¡&e;I NOnCE "~ ::,'t '" -, . 'r 'r "D .~' \:: -) - ' i nOR:!: : ...-~ WLlLrJo-;:(J'" '-" NOTICE OF ASBESTOS RENOVATION OR DEMOLITION Environmental Protectior DIYi,lon 01 Air R.-.ourco M""o¡ement ....., - -r-' .......... .....4 L:(P (\.II/lI,lt1.:!Si.9lJO(O (U~'IVC .. ,.~.' , ~f~"· TYPE OF NOTICE (CHECK ONE ONL V): ORIGINAL ~REVISED TYPE OF PROJECT (CHECK ONE ONL V): 0 DEMOLITION 0 RENOVATION IF DEMOLITION. IS IT AN ORDERED DEMOLITION? 0 YES IF RENOVA TiON: IS IT AN EMERGENCY RENOVA TION OPERATION? ì!\YES 0 NO IS IT A PLANNED RENOVATION OPERA TlON? 0 YES 0 NO f",llIyN.me >t /"U0':J ;:¡~7 P~9¡;fyfWJl.Y "ridr.,. ~ I 0 ~ - (Je; _ @__ _ ("y ççf\..o'T p~ ~'€.- ' St.He ;=::¡ Zip Counly $I Å-I+-CA e.. Sol' Consullant Inspecling Sile E:t:; Ii- C- 5'c.t ~c-~ þ(. Budd'flt ke'TR..o-; ~ (Square Fte~ * 01 Floorl . Age In Yem P',o, \j,o' 0 S'hUol/(ol/.~oIUniYcf\IIY 0 Residence 0 Small Ousintu OOlher Pr,""'" u,,,, 0 SCho"VCuilò~e/UniYef\ity 0 Ro;id.nce Q Small Buslneu 0 Other f ,eddy Own« :5'1- >-- u-<!. ¡? --c&rr uvÝy Phon!! {_I "ridl'" ~":>00 ~ ~Q..- _ ;; CIY ~ P~.L Stale J==I II: ("nIlJClo¡"N.m"~_ DEMOLITION. INC. "riJ,." 1~805 S., INDIAN RIVER DRIVE C", JENSEN BEACH Slate FL, Zip 34957 lio""J lr<en." No, RX 0062363 IIlh. COnlrOClor uempllrom lIçen.,,1O undot .eclion ~69,OO~(7), £,S'/ 0 ii' SCh.Jul,-d Oate;: (NUI¡~e mUit bo po'tmarked 10 working d~ys bolorc Ih. pro.çt lI~rl dale) ".oe,to,RemoYJllmnýdú/yy) Sla": c;;?- 31·-~1 finish: íl'-ôl,....~r Domo/Renov.l;on (,nnýdú/yy) St"l: finish: P'oc<dure, 10 u. Uied (Ch"" ,~/I Thai Apply): o CANCELLATION o COURTESY ONO = /o14i¿f99'e IYI Pr"f- :t:r:.e._ Zip 3lf 9g~ Phone (~) = 229-8575 I . YES o NO , ^ / Sill> .nd Remuy~ Glove B~g X Bul/dolOr Wr~cki"g Ball X I WelMelhod . Dry Method Explod e o "rn Down OTHfR . . ^\us I 00 I "IN PRIOR OcP APPROVAL 8 EfORE USING A DRy METHOD p,O( ('Uu'" fur Untxp"'ltd RACM: DOCUMENT AND PROCEED WITH WET MEDTHOD \',r ".0..10\ W"", T IJn'pol/er: Name L E B DEMOLITION _ IHC. "d~jlC'n 1 ".Q.n~ c:: HJnT HJ RTV¡;'R '01, JENSEN BEACH '." .nlC' O'1~U\')! ~(t": NJnu.' CHAMBERS ",J.:T'"II 10800 N. E. 128th '." OKEECHOBEE nT1TV1:" Slate FL. IJAS1\oI SYSTEMS AVE Phone (~) 229-8575 ~.- : ! ; Zip 34957 OF FL. INC. CIJH I -III S IJle FL. Zip 34972 1\'~'~_~~"f~M~ç,~S Id.,}.I'1 )qu.(~ It'd ~urr'Jcng rTlJletiJI l'IeJl r~fj ,Hne (ub". '''.1 of Rt\CM olf IJcilily Compon"nlS -_ ¡qUJre 11..'1"1 Cl?menlou) m.:JleriJJ \qU.1fe /t:t'1 ff>iJitnl fJoodns ,quat. "'01 Jlph,ll ",u{in~ X. f~e Inyoke Will Be Senllo Adures; in Block B<low: (Plinl 01 Type) I e ..r'd, 1"., Ih. .buye 'nlllm\Jllon ;, corrC<:1 ~nú Ih_1I "" individu~/lrained in I/u pruvisiun. ollhi> re~"'Jtion (40 CfR PJtl 6 I. r"",yalion and oYidence Ihallh. re~uir.d IrJining hJ) been acr.omplishr'() by ur¡n:J.J husiness huurs. ~\ -Î~3f -~~ }, (OJ I.) IJIPU)tOr-;lY 1"lhlfT'",{.JD,II· ~:<':('i\ll.."d IDi --- ---~ , . ,,,",, .,~..-:\r:\ ..., OKE~CÄ!~ILL. Inc. 1080.Q;NE;è1,28Ih Ave. Okee~()bee;FL 34972 . (863) 357-6111 j)~t0: 88/~~j,/200:1 'Y':¡' FIF 1 i~¡ ~ :!, ::~ :: ~~:.iP /¡. (:" ¡:~'¡ .. I I,::,i /~, ";.:-' i:~ f{ ~.,..I··:r:: .r UI. ;~::.~ ¡:'I:~UJ'[c'r\:; ....J .". l) .,. .' 1_ :~, (' :: o C"'"c'(" :i. pt:1. on C/il:I'::I··¡('1I,. ... (~J[:)nE~:nDb ~~;(:)t.t·f~(~~: (:JL.,··99····92 Ty!)e~ GVW IG2G0 'fW 14560 f·{:)·}':~!_. '1'(;X[~:~:~ t St.jF~(:~I·~t~RGf~S í i'ìmIU(¡..) T I I"IE UUT ~ :L A: Øí,:!. F!. ~ 0í,:.~ PI'l T :i, Ckf?·t;: f:!.t ';)6'i'7 T'('uckr. :J.(i)J (~u6m·I~:ì. ~~y r~i:,t;~~ "ß:::; TOI' ~:5~5" øø ()~:m :O:i.~¡t·I':i.c'l~:: OUT ~:,; i lil-! ;';\ t,U""c·.' " /' 'I ,;0-"'1 \~ - .- c.-" ¡-~¡;" '.'..... - " ./... ..,f··,·····;~~:·:~!::·ç·-:_(~'!:.~;;:·':::·1f:~~, WM 403,0046 T (:it.,\.I. ,r:- (.:¡l1mÚnt: 't6" '7::'; ..øø ~)'tC.. ?~.::j J, '-' ÅSBSSTOS DISPOSAL FOJU( '-' . . DATE ~ - 31 -::2..øo I OWNa OR oPERATOR OF J:..ANDP.ILL: N~ CHAMBERS WASTE SYSTEMS OF Ft INC. ADDR.ES.s: 10800 !i.E. ¡28th AVE \ CITY, STATE, ZIP: OKEECHO"BEF. FT. 14q7? PHONE: (1941) 357-0111 NAME OF LANDFILL: NAME: CHAMBERS \~ASTE SYSTEMS OF FL. INC. ADDRESS: 10800 N. E. ¡28th AVE CffY, STATE, ZIP: OKEECHOBEE FL. 34972 PHONE: (1941) 357':0111 HAULER: INDIAN RIVER ABATEMENT, INC. I 3 ~ b 9 IC* I~.$I Je.. S I oJ, v-q . APPROXIMATE VOLUME OF ASBESroS RECEIVED: A/QIv - J::'n..'fJ,bJ.p /J...(,b ~S"fo!g TYPE OF CONfAINBR ASBESTOS IN: WRAPPED IN TWO, LAYER.S OF6 PLY POLY. X ASBESTOS CONTAINERS LABBr FD7 YES ·NO I certify that the above statements are true and that the landfill has been approved by for the disposal of asbestos. The delivered material will be coverëd wiiliSlx~{I3 centimeters) of non-asbestos nwerial within 24 hours. LANDFILt OWNERiDPERATER Ii (¿,,¡ I , SF-I', . AUG 3 1 2UQ~ '.\, . " " .L. WVHA Zi.L".n:. &'4^r¡¡:, IU'iU .J 3 Od vf1 l}-ve... F ·~~(h~~~F··"""·'" . -- .. ~ --.... - '-' . -J . / J '-I C¡.J ~ " I OWNER'S NAI1E 8t' of U¡" OY""" OW' S-t.)...IA¿fe,., . . þ//Js/oVQg.s f n/"I S PHONE NO. . CDudv'lý.-.:Jj IQ ~ 3 ')0-04 8 j 2. OPERATO~IS NAME AND ADDREQS ItIDIAN RIVER ABATEMENT INC. .. 'I!'. OPERATOR I S PHONE NO. 12805 SOUTH INDIAN RIVER DRIVE,JENSEN BEACH FL ~ 561 '229-8575 3. ~ASTE DISPOSAL SITE (WDs~ln.me, mailing addre.a,and phyaicA ute locAtion) CHAMBERS WASTE SYSTEMS OF FL. INC. 10800 N. E. ,128th AVE OKEECHOBEE FL. 34972 ~. NAME AND ADDRESS OF. RESPONSIBLE AGENCY INDIAN RIVER ABATEMENT INC. 12805 SOUTH INDIAN RIVER DRIVE,JENSEN BEACH FL. 5. DESCRIPTION OF KA~ERIALS WDS PHONE NO. 1 561 . 229-8575 ~ Ó .CONTAINE~S e 'NO. 7. TOTAL QUANTIT~ /3-1- $9 Pf-. 1113. (yd3) APPROXIMATELY 8. SPECIAL HANDLING lNS~RUCTIONS AND ADDITIONAL INFORMATION . 't . . '. 9. OPERATOR S CERTIFICATE I I hereby deolare t At t · oontent. 0 thh c'oriaigl'llllent Are tully al\dAOOUratelY . ó..cribed Abov by. proper .hipping name and Are ola..U:ied, paoked, raark.d·,· and lab.led, and are in .11 r..poot. in prop.r condition to tun.port by hil¡hway aocoróiM,to ApplioAble intern;'tionä And 'fOvorlUD8nt rOl¡ul&tio'~" .,' . ,. ¡ f DAY ~ear 3) ;ttJo of tnAterial.1 « printed/typed narao , INDIAN RIVER ABATEKENT INC, LICENSE UALIFIER ' Þ10nth D.~ q 31 11. TRANSPORTER printe I.t~pcd name & t1t ~t receipt of ~atcrial.) SignAture' Month Day 'tcarl' INDICATION r. \',~ Add egB And telaphoÓe 1'10. 12. DISCREPANCY SPACE: 13. WASTE DISPOSAL sITE OWNER OR OFERhTORI . Cert tioation ot receipt of ..be¡¡.,toB matcria.1B 'oovered by thi. rnanifelt ~.08pt .. noted in item 12. .. .J?);,~J\tcQ,/~p.ijq f\~ _~ .t.JI.W , __ _.___ __0" . DEPARTMENT Approved Budget Proposed action: Building & Zoning '-' ..., FISCAL YEAR 2000-2001 FUNDS APPROVED FROM CONTINGENCY UNINCORPORA TED SERVICES FUND ITEM ACCOUNT # Contingency 102-9910-599100-800 Total used: Balance Available LEB Demolition 102-2415-534000 Balance Available After Proposed Action: G:IBU DGET\QuattroIGEN ERAL IFORM SIAMENDMO 1. wb3 C2-A AMOUNT DATE 37,909 o 37,909 16,500 9/18/01 21,409 . L- '"" AGENDA REQUEST ....." ITEM NO. c-2b DATE: September 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~~~t;,~~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Work Authorization NO.4 with Kimley-Horn and Associates. Inc., for Roadway and Intersection Design at the intersection of Edwards Road and Selvitz Road. L BACKGROUND: As part of the Capital Improvement Program, the Board approved an agreement with Kimley-Horn and Associates, Inc. for design of intersection improvements and signalization at the intersection of Edwards Road and Selvitz Road. Attached is Work Authorization No.4 in the amount of $4,400 for additional survey and engineering 1 services for the development of legal sketches and description associated with the improvements. The descriptions will be used for the acquisition of right of way along the project, FUNDS AVAIL.: Funds will be made available in 101002-4112-563003-4114 Trans Trust/Constitutional PREVIOUS ACTION: June 15, 1999 - Board approved a work authorization with Kimley-Horn for design of intersection and signalization improvements at Edwards and Selvitz, February 20, 2001 - Board approved work authorization 2 with Kimley-Horn for retention pond analysis. RECOMMENDATION: Board approve Work Authorization No, 4 with Kimley-Horn and Associates. Inc.. in the amount of $4,400 for engineering services associated with additional survey needs and authorize the Chairman to sign, COMMISSION ACTION: [x] APPROVED [ ] OTHER: [ ] DENIED [x]County Attorney ¿ì;( [x]Rev. Coord 'bfl \1 (]Other [x]Originating Dept. Public Works I A edselvitz2.ag '-' '-' WORK AUTHORIZA TJON NO.4 Engineering Services Roadway and Intersection Design C-00-10-112 for Edwards/Selvitz Additional Survey Needs Pursuant to that certain Agreement l;3etween County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc.(the "Engineer") dated October 1, 2000, the Engineer agrees to provide the services in accordance with the Additional Services Agreement. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: f COUNTY ATTORNEY WITNESSES: ENGINEER BY: Jis Print Name: Jt:fF M",Ltt<;. Kimley-Horn and Associates, Inc, Date: q / 7 J 0 I , '-' Mr. !Wrest, September 5.2001, Pg. 2 EXHIBIT" A" SCOPE OF SERVICES Task 1- Survey, Legal Descriptions and Sketches We will obtain survey information sufficient such that legal sketches and descriptions may be written for the acquisition of right of way. The descriptions will include the following properties along Edwards Road: 1, Brown Property: 2. Mcadie Property 3. Nicholson Property . A description will be written for the Brown property that will describe an area of 20 feet in depth along the Edwards Road frontage (629 ft.) and a 20 foot by 20 foot comer clip at the Edwards/ Sevitz intersection. 4 A description will be written for the Mcadie property that will describe an area of 20 feet in depth along the Edwards Road frontage (297 ft,) and a 20 foot by 20 foot comer clip at the Edwards/ Sevitz intersection. Three descriptions will be written for the Nicholson property. They will describe an area of 17 feet in depth along the Edwards Road frontage (663 ft.) of the property, a 300 feet easement extending from the Edwards Road right of way to the proposed retention pond location and an one acre pond location adjacent to the canal right of way. Topographic survey of the pond location has been accounted for in the original work order and is not included in this scope of work. '-" Mr. ~est, September 5, 2001, Pg. 3 Exhibit "B" FEE We will accomplish the service outlined in Task I for the lump sum fee of $4,400, inclusive of expenses. The fee per parcel is as follows: , I Parcel Brown Property: Mcadie Property Nicholson Property Fee $1,100 $1,100 $2,200 . Total Fee $4,400 1 C '-" Mr, D~est. September 5, 2001, Pg, 4 Exhibit "C" SCHEDULE The work as described in Task I will be completed within 45 days trom the time that notice to proceed is given. f '-' AGENDA REQUEST "'-' ITEM NO. C-2e, DATE: September 18,2001 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ¡,~~1·~.~ County Engineer . SUBJECT: Authorize the Engineering Division to submit a grant application to the St. Lucie River Issues Team for funds to assist in the Indian River Estates/Savannas Ecosystem Management Project. BACKGROUND: Since 1995, Engineering staff has been working to design a stormwater management system for the 1200 acre Indian River Estates subdivision. The extreme flooding that occurred in 1995 and 1997 resulted in a recognition that the existing drainage system is insufficient. The flooding that occurs in the neighborhood lasts for weeks because the adjacent Savannas water levels rise too high. The flood water in the neighborhood has no place to go because the existing drainage system outfalls directly to the Savannas State Reserve. Indian River Estates subdivision was designed in the late 1950's, prior to criteria being established for treatment and storage of stormwater runoff. · · · In 1997, the local FDEP office documented the impacts that were occurring to the Savannas Preserve because of the untreated stormwater runoff coming out of Indian River Estates. The entire subdivision (3600 lots) contains septic tank drainfields for sewage disposal. The slightest amount of nutrient loading in the stormwater runoff causes a large impact to the Savannas ecosystem. ~ At the request of the County, the Savannas Task Force was created to address these problems. The Task Force is comprised of representatives from the various regulatory agencies, including officials representing the Savannas State Reserve and Federal agencies. The goal ofthe Savannas Task Force was to reach a consensus on the design of a stormwater management system for Indian River Estates and to facilitate permitting of the project. To date, the conceptual design and final construction plans have been completed for the project. We are ready to submit for permit approvals. Currently, we are finalizing the land acquisiton issues and pursuing funding for contstruction of the project. We anticipate that we could be ready to advertise the project for construction by October, 2002. pending available funding. Based upon final design plans, the estimated cost for construction of the project is $5.5 million dollars, Several agencies have partnered with the County to fund the design work as listed below: Desian Costs: St. Lucie County SFWMD SJRWMD/NEP Total $259,700 $100.000 $ 95.000 $454,700 . ' i "'" '-I SFWMD, FDEPand SJRWMD/NEP have expressed a desire to contribute towards funding ofthe project construction. The County intends to provide matching funds using the Stormwater MSTU and the State Revolving Loan Fund as a source of money. The grant application is for the St. Lucie River Issues Team administered through FDEP in West Palm Beach. The grant request is in the amount of $1.5 million, approximately 25% of the total project cost. The Engineering Division has already met the matching funds requirement due to the value of the land and the funds previously expended for engineering costs. FUNDS AVAIL.: n/a 4 PREVIOUS ACTION: July 8, 1997. the BOee entered into an agreement with Hazen and Sawyer for preliminary engineering design in the amount of $118,500. j December 15. 1998, the BOee entered into an agreement with Hazen and Sawyer for a portion of the engineering design in the amount of $73,000. The remaining $152,00 to complete the design and permitting ($225,000 total) was to be authorized at a later date when the full grant funds were secured. (These grant funds were obtained in 2000.) f August 24, 1999, the BOee entered into an agreement with Hazen and Sawyer to develop a conceptual plan for the alternate stormwater retention site (Savannas Recreation Area) in the amount of $11 ,500. , October 17, 2000, the BOeC approved amendment to work authorization with Hazen and Sawyer for Phases III and IV of the Savannas Ecosystem Management Project in the amount of $242,200 and approval of the project budget. 4 June 25,2001 - BOCC approval of grant application to EPA 319 Program in the amount of $600,000. . RECOMMENDATION: Staff recommends the Board grant authorization to submit a grant application to St. Lucie River Issues 4 Team in the requested amount of $1.5 million for the Indian River Estates/Savannas Ecosystem Management Project and authorize signature by the Chairman. COMMISSION ACTION: [x] APPROVED [ ] OTHER: [ ] DENIED [x]County Attorney [x]Originating Dept, Public Works ~" ~. fiG¡ [x]Revenue COOrd~ [x]Co. Eng []Other [ ]Finance (check for copy only, if applicable) sava n nasecosystem. ag I I I I I I I I I I , I , f 1 I . . . 4 ~ ~ J legend Pump Station f Storm Sewer 1 Force Main Flow direction toward . Retention/Storage Area . ~j Exhibit 1 Savannas Task Force Savannas Ecosystem Restoration Project Storm Sewer/Force Main with County Park Storage A rea H4ZEi\f t~ND SAWYER h.,¡ull....hl 1II,¡aura . Sd..ltll, till f"' ;;. "<GENDA REQUEST ~ITEM NO. C-2d DATE: September 18. 2001 REGULAR ( ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV P~~ p, M. Bowers, Manager Road & Bridge Division SUBJECT: Approval of Equipment Request EQ01-300 to purchase a computer tower to replace stolen unit. ' BACKGROUND: This equipment request is for a computer tower only plus software to replace the one stolen (PR#40-3212) from the Drainage Operation Supervisor's office in January 2001. The monitor and keyboard were not taken. Funds are available in the capital equipment account. FUNDS AVAILABLE: 101-4110-564000-400 - Capital Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of equipment request EQ01-300 to purchase the computer tower and software for the Drainage Operations Supervisor. t] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Do la . Anderson County Administrator a:r. coordinÛÕSi01iìõ\4- [X] Mgt. & Budget , [ ] Co. Eng. [X] Purchasing /r ./ [ ] other [ ] County Attorney [ ] Originating Dept. Public Works -iM- [ ] Finance (check for copy only, if applicable) , n . . \.,(GENDA REQUEST JM NO. C-2e DATE: September 18, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV J. Scott Herrin Road & Bridge Manager SUBJECT: Award of Bid for the Signal Maintenance & Master Construction Contract. BACKGROUND: At the Board meeting of July 24th, 2001, the Board granted permission to advertise for the Signal Maintenance and Master Construction Contract. Bids were opened on September 5th, 2001. and The Signal Group Inc., was the low bidder. The Bid Tabulation sheet is attached. This contract will be for a term of two (2) years with an option for a third year. The Contract period will begin on Oct. 1, 2001. FUNDS AVAilABLE: 101-4109-5533110-400 - Signal Maintenance PREVIOUS ACTION: Permission to Advertise on July 24, 2001 RECOMMENDATION: Staff Recommends that the Board award the Bid to the Signal Group, Inc. for the Signal Maintenance & Master Construction Contract, and authorize the Chairman to sign the contract as prepared by the County Attorney. t] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [XI Mgt. & Budget Í4iJ ~ [ ] Co. Eng ~]p"-;", /~. [XI Road & Bridge~gr. . ~/ [X] County Attorney ~ [X] Originating Dept. Public Works il0/'- Coordi nation/Si gnatures [ ] Finance (check for copy only, if applicable) ~ c: "tJ s:: m z -I ;:c m o ~ rg <::> .... , (.v <::> <::> "" (J) ;! .£ - '" ",' <D <D S ..Q ",' c: o -So ;;;- :3 o ~ ~ ;:- <D CD :3' "ê c..... <D Q) ~ g ëi)' Q) Õ' ~ ..., . Q) ;! 8 <D ~ :3 c: g <D ~ ..., ~ õ g ~ Q. ..., :>:- 0 <D ::! '<:;~ g~ Q) c: a. '" '" ~ 2, ëì! ::¡: Q) i5 ëì! ..... Õ 6) @"~ ~ èi) (') <D s: <D o ::! <D '" Õ <õ ::! ] f <::> (.v I'\) ...... ~ ã' :3 s: <D Q Q¡ 5' Q) ~ ~ CD Q¡ ..... õ' ::! » n n o c: Z -I Z c: s:: ~ m ~ .... <::> ...... , .¡,.. ...... <::> 00 , 01 0) .¡,.. <::> <::> <::> , .¡,.. <::> <::> c.. c: '-"~ " Õ ~ Õ z ::tJ ~ o i -t o ~ c:: ~ ::tJ ~ ::tJ '" (J) ~ :j o <: è3 ~ ::tJ c m "tJ » ~ s:: m z :-:t 1) fÈ r- C) ~ ::tJ ~ ;:c m n o s:: s:: m z c m c en -I m;"" De: e:O "tJ- š::m mO zO -Ie: ;;tIz m-l D-< e:m mO en> -I;;tI "TIC 00 ;;tI"TI "TIO Cño oe: >z ,-I -<-< mo >0 ;;tIš:: 1\)3: 0- oen °en ,_ 1\)0 gz .....m ;;tI en , t ~ (J) I '-' ....., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BID TABULATION SHEET· BID #01-071 f SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT ROAD & BRIDGE OPENED: SEPTEMBER 5, 2001 @ 2:30 P.M. VENDOR TOTAL ESTIMATED AMOUNT THE SIGNAL GROUP INC. $ 232,883.85 JUPITER, FL DESIGNED TRAFFIC INST ALLA TION CO. $ 289,796.93 FT.LAUDERDALE,FL I . . f f NUMBER OF COMPANIES NOTIFIED": 793 NUMBER OF BID DOCUMENTS DISTRIBUTED": 9 f NUMBER OF BIDS RECEIVED: 2 " PER DEMANDSTAR.COM .' .. '-' AGENDA REQUEST ...,.¡ ITEM NO. C-2F DATE: September 18, 2001 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: (¿~f'~ County Engineer · SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 · SUBJECT: Water Control Structure Construction at NSLRWCD Canal Nos. 23 and 28, and Culvert Replacement at Canal No. 23 and Oleander Avenue - Project Acceptance, Release of Retainage. and Final Payment in the amount of $32,306.30. J BACKGROUND: This project was for the construction of water control structures on NSLRWCD Canal Nos. 23 and 28 adjacent to Oleander Avenue to improve the quality of water and reduce the quantity of water discharging to the North Fork of the S1. Lucie River. The control structures will also provide additional groundwater recharge within the drainage basin. Also, a deteriorated culvert crossing at Oleander Avenue (just south of Saeger Avenue) at Canal No, 23 was replaced. The contractor, Johnson-Davis Inc" has completed this project satisfactorily. · · · FUNDS AVAIL.: Account No, 101211-41134-563000-4310, FDEP Canal and Stormwater Retrofit, Local Option - Drainage Improvements PREVIOUS ACTION: June 27, 2000, the Board awarded the construction contract to Johnson-Davis Inc, in the amount of $310,313.00. RECOMMENDATION: Staff recommends the Board accept the project, approve the release of retainage in the amount of $30,881.30 minus failed lab tests in the amount of $75.00, and approve the final payment to Johnson- Davis Inc. in the amount of $32,306.30. COMMISSION ACTION: rx] APPROVED [ ] OTHER: [ ] DENIED IX ]County Attorney coordination/SiQnatures. fhÅ [X ]Mg!, & Budget IttJ &!!J./Iff I' \./) [X]CO,Eng~ IX ]Proj, Man'er p".~ [ ]Purchasing [X ]Revenue Coord. ßf't~ [X]Originating Dept. Public Works V [X ]Finance (check for copy only. if applicable) . APPLICATION ~ ~ AND FINAL ROJECT NAME: :-1GINEER'S PROJECT NO.: SLclloOOS OWNER: ;!; \ : ..... .._C:~~~~G :JNTRACTOR: JOHNSON-DAVTS TNC PPLICATION AMOUNT: 32,381.30 OR PERIOD ENDING: August 2, 2001 CONTRACT DATE: APPLICATION DATE: 8-02-01 INITIAL CONTRACT AMT. BASED ON EST. QUANTITIES ABnr,ATION OF AMOUNT DOR THIS APPLTCATION $ 310,313.00 RIGINAL CONTRACT AMOUNT COMPLETED TO DATE See Attached "Estimate of completed work") :HANGE ORDER NO. _@_% :SANGE ORDER NO. ~@_% :HANGE ORDER NO. '_@_% :HANGE ORDER NO. _@_% COMPLETE COMPLETE COMPLETE COMPLETE (+) (+) (+) (+) 'REVIOIJS 1 $ 2 $ 3 $ '4 $ ~OTAL $ PAYMENTS: 139,046.40 114 721 gO l~ fin gO R 4R2 'i0 277 q11 70 TOTAL WORK TO, DATE (+) LESS PREVIOUS PAY. (-) SUB-TOTAL LESS FAILED LAB. TESTS AS APPLIED FOR BY CONTRACTOR $ 310,313.00 $ $ $ $ $ $ $ 310.313.00 277,931.70 32,381. 30 AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY L'IQUIDATED DAMAGES ASSESSED BY BOARD (-) AS APPROVED BY ENGINEER $ 3,/(7 'J,I'J.OO $ $ $ $ $ 'J I CJ, ~I1,()O $ :;)77' q:JI 70 $ 'iå '4K110 $ I -rJ' 00 $ :sa U>h 14 , ~ONTRACTOR'S AFFIDAVIT f The undersigned Contractor hereby swears under penalty of perjury that ~ll obligations incurred by the Contractor under this Contract to date have ~een discharged in full, that no suits are pending in connection with the work Jnder the Contract¡ that the Contraotor agrees to the total final price of $ 310.313.00 final payment of $ ;2.381.10 as full settlement of his ~ccount under Contract and of all claims in connection therewith. TITLE President . BY Pálm Beach STATE OF Florida Before me this 2",1 day of AII~II"t ,x]dl..2!l!U.-, personally appeared Scott J. Johnson , known to me, who being duly sworn, did depose and say that he is the Prp~;,1pn" (Office) of the Contractor above mentioned, that he prepared attached ap lication for payment and exeouted above affidavit on behalf of said Contrac 1 and that all of the statements contained therein are true, correct and p e ",,...,'III",~.... Robert. K. Jones My commission expires: 0Q1" \Commllllon#008IS4SS !. kI'! EJpl,.. Apr. 9.2003 . . . 1Io....Thr. I AUI.U. londJnr 00., lno. TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLOR¡DA for payment by the Contractor has been reviewed final payment under this , less liquidated damages , ST. LUCIE COUNTY ENGINEERING DEPARTMENT BY DATE 1 Donald B. West, P.E~ County Engineer 'Ray Wazny, P. E. ' Public Works Director Contract Time Began:, Substantial Completion on: Aotual Construction Timel Contract Construction Time: Rainy D~YS Allowance: Other Overrun Allowances: Net Overrun: Cal. Cal. Cal. Cal. Cal. Days CHECKED BY D~S ,/ Days PREPARED BY ~ Æ <?;/41'?~ a/ih/ Days st. Lucie County ~g. Depart. Days .... ~,.. .' - .. þ , . -t ,_ . '-" ......, ENGINEERING DIVISION MEMORANDUM 01-212 · · DATE: Dan Mcintyre. County Attorney A:- Don West, County Engineer ¥-..Y IV August 8,2001 œ)L@_Œ_,~Jtl,m .II t II JlllAUG , 4 2001 \~I L- . .., ,___I I C.r_':,-'=."-·- ~L ! · TO: FROM: · SUBJECT: Canals 23 & 28 Water Control Structures · On June 27, 2000, the Board awarded Johnson-Davis, Inc. a contract for the construction of the Canals 23 & 28 Water Control Structures, f Please process the attached Releases of Lien for the above referenced project. If we can be of any assistance, please call Mike Wrock, Civil Engineer, at extension 1707. Barn Attachments (5) cc: Ray Wazny, Public Works Director, Mike Powley, Capital Projects Engineer Mike Wrack, Civil Engineer i)! ß i ",,-. ., I; .1 ¡" ---- . '~TTOi-" - - ' -,_...~ Cl \~ 0\ ¡, Or II \ Cf( ,. ~ Ai CIJ' C , ~~ " \ ~ '-" AGENDA REQUEST ..,¡ ITEM NO. C-3a DATE: Sept. 18, 2001 ReJ\SEt) REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] . TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh c Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Approval of contracts with Glatting Jackson for "Lawnwood Recreation Complex Master Plan" and "St. Lucie County/Community Parks System Master Plan" ~ BACKGROUND: As part of St. Lucie County's continuing effort to assess the parksl recreational neea~ and wants by its residents, the Board of County Commissioners have agreed to secure professional services to assist in the development of master plans for community parks and Lawnwood Recreation Complex. The total cost of the project is ninety-five thousand dollars ($95,000). Eighty-thousand dollars ($80,000) is budgeted in Park Impact Fees for regional park design in the FY 02 budget. Staff is requesting that we be allowed to utilize those dollars this year and are requesting an additional ($15,000) from current year park impact fees. The total cost of the project will be funded equally from Park "A" & Park "B" Impact Fees since this is a county- wide project. c . FUNDS WILL BE AVAILABLE IN: 310002-7210-531000-76017 (Park Impact Fees-Profess. Svcs) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the BOCC approve the contracts and Work Authorizations with Glatting Jackson for "Lawnwood Recreation Complex Master Plan" and St. Lucie County/Community Parks System Master Plan", and authorize the Chairman to sign. Staff requests that the BOCC approve to utilize $95,000 this year for the above mentioned project and that $15,000 will come from current year's Park Impact Fees. COMMISSION ACTION: þ(] APPROVED [] DENIED [ ] OTHER: ug nderson County Administrator Co""~ Mom"---li: Originating Dept: Finance: (Check fo opy only, if Applicable) Coordination/Siqnatures Mgt. & Budget: f#IJ ~ Other: Purchasing Mgr.: Other: Eft. 1/97 H, \Agenda::;\Glatt ing Jackson contract appro'Jal. ....pd GLATTING JACKSON '-' KERCHER ~ ANGLIN [C LOPEZ RINEHART William J Anglin,Jr. David L. Ruth Jay H. Exum Jack F. Glatting Carey S. Hayo Jay R. Hood Timmhy T. Jacbon William C. Kercher,Jr. Walter M. Kulash Sharon K. LammÜa S. Raymond Lopez John H. Percy John F. Rinehart Gregory A. Bryb. DavId R. Claus Ch,nles P. Cobble MlChad R. Cochran JeErey S. Collins Richard E. Dun,Jr. Bruce C. Hall DJxid M. KLltner Frank A, jaskie\....icz Gail D. Lacey Wil\iam D. Lites Edward J. McKinney Thomas J. ,\1cMacken,jr Douglas A, Me-tzger John J. Moore HI Timothy R. Palermo Troy P. Russ Jodi L. Rurmann Kelley J. Samuels Pt:tt:r C. Sechler Nathan P. Silva Laura K. Turner Ronald L Urbaniak G, W.lde Walker Gary E. Warner Community Planning :!n. Clenu[is Sueet Suite 200 WeH Palm Beach Florida. 33401 P: 56 ( 659 6552 F, 56! 833 !790 www.glatttng.com Lict:me tt EB OOOSR12 lC C000049 Uist Palm Brach . Orlando June 22, 200 I Mr. Peter Keogh St. Lucie County Parks & Recreation Department Administration Annex 2300 Virginia Avenue Fort Pierce. Florida 34982 Re: Lawnwood Recreation Complex Master Plan GJ #15720.00 Dear Pete, Glatting Jackson is pleased to submit this proposal to prepare a Conceptual Master Plan for the Lawnwood Recreation Complex in St. Lucie County, in accordance with the tenns and conditions of our Agreement for Landscape Architect & Planning Services, Following is our proposed Scope of Services, Schedule and Fee. SCOPE OF SER\1CES Glatting Jackson will complete the followmg tasks: 1. Prcpare Basc Map! Analyzc Existing Conditions - Glatting Jackson will prepare a base map for the park, based on maps and data provided by the County (aerial photos, surveys, property maps. etc). and visit the site to observe existing conditions. 2, Conduct Public Meeting - Glatting Jackson will facilitate a 12 day public meeting to discuss the overall vision, public needs and concerns. and provide a forum for public input into the master planning process. Glatting Jackson will provide workshop materials such as base maps, flip charts, markers. etc; County staff will coordinate the logistics for the workshop. including stakeholder invitations, site reservation, snacks and beverages. etc, 3. Conduct Programming Workshop - Glatting Jackson will facilitate a 12 day, on-site workshop with County staff. Commissioners. Department Heads and/or other stakeholders (as detern1ined by County staff) to develop an overalJ Vision and Development Program for Lam1wood, Glatting Jackson will provide workshop materials sllch as base maps. flip charts, markers, etc; County staff will coordinate the logistics for the workshop, including stakeholder invitations, site reservation, snacks and beverages, etc. 4. Dcvelop Concept Plan/Memorandum - Glatting Jackson will prepare a Concept Plan for Lawnwood. based on the direction received at the workshop. Glatting Jackson will also preparc up to three (3) perspective sketches to illustrate key elements of the Plan, an estimate of probable construction costs, and a proposed phasing strategy. The information will be summarized in a memorandum and submitted to County staff for review. 5. Make Presentation - Glatting Jackson will make one (1) presentation to County staff and the County Commission to review and discuss the Concept Plan. [C """ ...., 6. Prepare Revised Plan ~ Based on written review comments provided by County staff, Glatting Jackson will revise the Plan and Report one (1) time, if necessary, and resubmit one (I) rendered copy of the Plan and Report for staff review and approval. ADDITIONAL SERVICES I. Additional meetings and revisions will be considered as additional services and will be billed at an hourly rate. 2. This scope of services does not include constructionlbiddmg plans or specifications for any of the improvements. Once the County detennines which improvements will be made within the available budget(s) - and detennines the level of plans. details and specifications needed to bid and construct the improvements (If any) - we will submit a separate proposal for this work if needed and requested. 3. This scope of services does not include any environmental, stormwater or utilities permitting or cost analysis, Once the County determines which improvements will be made within the available budget(s), we will submit a separate proposal for this work if needed and requested. SCHED1JLE We will proceed with the project immediately upon receipt of a signed Work Order from the County, and estimate that the project will be completed within ninety (90) days from authorization to proceed (assuming that County reviews and presentations can be schedu1edl completed in a timely manner). CO.\IPENSA nON We will complete the Scope of Services outlined above for a fixed fee of twenty-eight thousand dollars ($28,000), including direct expenses. SUBMITTAL AND PAYMENT OF INVOICES Invoices for services shall be submitted on a monthly basis. Payment shall be due upon receipt. The Client agrees to pay interest of 1.5% per month to be calculated from the next day after receipt of each invoice. on invoice balances outstanding more than thirty (30) days. Glatting Jackson reserves the right to withhold work products or to stop work until payment is received, The Client assures Glatting Jackson that financial arrangements have been made to fulfill the Client's obligations under this Letter of Agreement. '-" 'WI [C 6.0 CLIENT RESPONSIBILITIES 6.1 Client shall designate a Project Representative immediately upon execution of this Letter of Agreement. who shall be Glatting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the O'Wller (if a separate person or entity from the Client as shown in Article 1) and any separate consultants. 6.2 Client shall provide full information to Glatting Jackson regarding project requirements and constraints including. without limitation, a program setting forth the Client's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project as stated in the Scope of Services. 6.3 Client shall comply with any schedule requirements made known to the Client by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 6.4 Client shall be responsible for all other aspects of the project not specifically assIgned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. We look forward to working with you on this project. If you tÌnd these terms acceptable please sign where indicated below and return one signed original to Glatting Jackson for our files. Please call me if you have any questions. Sincerely, _ø"-" David L. Barth. ASLA, AICP Principal in Charge [C """ AGREED TO AND ACCEPTED BY: By: St. Lucie County Its: Date: Name Title By: Its: and by: Its: Date: Initials ""'" 4 President Ó h, 1 t( . 0\ ~/- . SKL ! PM '-" Project Name: Project Number: ...., St. Lucie County! Lawnwood Recreation Complex Master Plan 15720.0 SUPPLEMENTAL TERMS OF AGREEMENT I. Acceptance of Agreement - This letter of Agreement shall be valid for Client acceptance for a period of flneen (15) days from the date of execution byGlatting Jackson. This letter of Agreement may be temlinated by either party with tìtieen (15) days written notice In the event of tenninatlon, Glatting Ja~kson shall be compensated through the date oftennmatlo~ for ail fees and direct e,'{penses im:uITed, 2, Submittal and Pa\1llent of InvoÎces - Invoices for ser\iices shall be submitted on appro,imately a monthly basis, Payment shall be due upon receipt The Client agrees to pay interest of ¡ j% per month to be caku!ated from the next day after receipt of each invoice, on invoice balances outstanding more than thirty (30) days. Glatting Jackson reserves the right to withhold work products or to stop work until payment is received, The CHent assures Glatting Jackson that tinancia! arTangements have been made to fultill the Clienfs obligations unde(this letter ofAgreemenL The Client agrees that Glatting Jackson shall not be reqUired to provide detailed backup, in the foml of hourly detail of any krnd, rn support 01' invoicing for ti,ed lee or lump sum lee projects, Jfbaekup is required the Client agrees to pay Gtat:mg Jackson, on an hour1y basis. t"lx the cost of pro\îJing such additional information. -' Actions of Agencies Not Guaranteed - Glattine: Jackson will exercise professional skill in executmg its servic"ës, however, it cannot and does not guarantee the action of any go.....ernmental onicia!. agency or judicial proceeding, The Client shall pay all invoices for professional services and for expcl1 witness se....ices submitted in accordance \vith this Letter of Agreement regard:ess of the results of any such governmcntal or judicial actions. 4. 5, OwnershiD of Documents .. AI! documents. work product and information contained therein prepared by Glatting Jackson or its SubconsL1ltants are instruments of serv'ice for us!: by the Client~ with respect to this Project Glatting Jackson shall be doemed the author of these documents, work product and information an,Q...J!....!lI...~äirl äl11Ìg'i"1tG tRl3reto. ~J fJ2~ I ., -\6 Retention of RecoIc!> - All original documents, work product , :' _ i __MI¡jjll£oan.a1Ì.QQcontained therein shall be retamed byGlalting . _-r- Jackson for up ~) ye.rs following completIOn of the Project Aner that time, Glatting Jackson reserves the right to dispose of the documents, work product and infonnation in its sole discretion. The Client shall be provided with reproducible copies of all origiOJI documents at its expense upon request Î Contìdentialitv - Such documen:s. work product and all mformation contained therein ar~ propnetary to Glatting Jackson. but shall not be shared '., i¡h third party without the mutual prior consent of Glatting Jackson and Chent. When documents. work product ar.d information contained therein ha\'e been submitted to a public or similar organization subject to the Sunshine or other public documents laws, such documents, \\iork product and information arc agreed to be within the public realm and Glatting Jackson may distribute, sell or otherwise disburse an\' information contained therein [0 thIrd parties at its sole discr~tion 8 limllatlOn of Liability - Glatt:n" Jackson WII! not be responsible for any cirCllmstanœs, ~cts errors, omissions or events, of any t).1Jè, beyond its reasonJble control induding. \-¡¡ithout limitation, construction costs, the acts or failures to act of any governmental or judicial agency and the existence of hazardous waste of any type associated with the Project Glattmg Jackson shall not be responSible for the acts or omissions of any' contractor, Subconsultant or supplier. or of any of the agents or employees or any other persons (except Glatting Jackson's o\\."n cmp1oyees) at the project site or other\vise furnishing or perfonr,jng any of their work; or for any decision made on interpretations or claritications of any contract dOí.:uments given bv the Clierr \\¡thout consultation and advice of Glattin-g Jackson, 9 Assignment of A!!reement - i\cltha the Client nor G\attine Jackson shan have any right to asslgn tilis Letter afAgreement to any other person or enlity, absent prior wntten consent from the other party. 10. Disnute Resolution In the unl:kel)' event of any dispute, difference, claim or counterclaim between Glatting Jackson and the Client arising out of or in connection \vith this Letter of Agreement, which cannot be amicably resolved by the parties through good faith negotiations, any such mattçu.hall be submitted to the Circuit court in and for.QrangéCourity:'" Sf" '~c.::... Florida, for trial and detennination by the court sitting without jury. The parties hereby consent to the jurisdiction of such court and to the service of process outside the State of Flonda (if applicable) pursuant to the requirements of such court in any matter so to be submitted to it, and they expressly waive the right to ajury trial. TÞrc C¡;...lIl ...t'..... . tg pa:, ill! vr ClattiHg ~I ::; It:a::¡ullaDI.. Btt8FfllBL'¡:; fa¿" ~¡IJ C:O.1B ;I,¿;t:\,Ic:e! in ~gil"lg 61"1:' (ìW9h <;:,,;1 in th,> P\'Fnt that Glatting bClk~1ì ,. p~--:-'I.~ C,-'/~!,r', ~éI1" "':IJI1>¡~" "1" 1 . .., ,-,' ¡ , ..J ..:,:1 ¡ , ' Entire Agreen;ent / Govcmimz LíJW ~ Regarding the subject -t"f/' matter he.rear, this Agreement contain::; the !:nlirc agrct:mcnt of -::.µ,) , rhe partIes and their representatives and agents. and - ' r supersedes al! prior understandings, wh~thcr oral or written ,.".; This Agreement sholl be gO\emed by the laws of the State of Florida II r;'-:,,~'~'. ( )~r~:;; Client Initials Glatting Jackson Initials~ Clau¡lIg Jackson Kercher :lllg/j,¡ Lope: Rinchart. Inc. rev. JUlie /999 '-' Project Name: Project Number: "wi St. Lucie County! Lawnwood Recreational Complex Master Plan 15720.0 GLA TTING JACKSON KERCHER ANGLIN LOPEZ RI:'I1EHART, INC. HOURL Y RATE SCHEDULE Principal 3 Principal 2 Pnncipal 1 Planner 4 PJ2.!1ner 3 Planner 2 Plallner I Transportation Engineer 4 Transponation Planner 4 Transportation Planner 3 Transportation Planner 2 Transportation Planner 1 Ecologist 4 $200 $175 $150 $125 $105 $85 $65 $150 $125 $105 $85 $65 $125 Ecologist 3 Ecologist 2 Ecologist I Landscape Architect 4 Landscape Architect 3 Landscape Architect 2 Landscape Designer GIS Specialist 2 GIS Specialist I Graphic Artist 2 Graphic Artist I Administrative Assistant Technician S105 585 565 5125 SI05 585 565 585 565 585 565 550 550 Increase In Hourly Rates - Glatting Jackson shall conduct a review of hourly rates on an annual basis and may. upon notification to the Client, increase such rates in our sole discretion. Other Direct Costs - Other direct costs incurred in completing the scope of services shall be billed to the Client at a multiple of 1.15 times cost. These costs are in addition to the fees for each part of the Scope of Services detailed in the Agreement. Other direct costs may include, but are not limited to, costs for reproduction. printing, photocopying, photography, courier services, automobile mileage and other expenses. Personal automobile mileage shall be charged at a rate of $0.315 per mile. Field vehicle mileage shall be charged at a rate of SO.50 per mile. Application Fees - All application. filing, and permit fees, including, without limitation, all fees to local, regional and state governments and agencies. shall be paid by the Client directly to the appropriate agency at the required time. Client Imtials Glatting Jackson Initials11lv GlatiÙ¡g Jacksoll Kercher Anglin Lope: Rinehart. Inc. rer. Febr!lary 2001 cail~, ¿~~l 1¿:43 5514621348 ::,LC P;::;RKS & REC PAGE 03 '-' --.I IS7W WORK AUTHORIZATION P rofe.isional Services ReltJted to Landscape Architect and Planning Services f"r LawnwooC Recreational Complex Master Plan Pursuant to that certajn Agreement for Landscaping Architect & Planning Services (the "A9/'eetnent") between St, Lucie County (the "County") and G/atting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. (the "Landsc~je Architecf') dated May 5, 2001 agrees to perform and successfully complete the scope of work as set forth in the June 22, 2001 letter concerning the Conceptual Master Plan for the i.awnwood Recreation Complex, attached hereto and made Q part hereof as Exhibit "A." COI:'pensotion to the Landscape Architect along with the schedule for completion of the wari.; shaH be as described in June 22, 2001 letter concerning the Conceptual Master Pian for th.. LCJwnwood Recreation Comþlex. . IN WITNESS WHEREOF. tr.e pcrtíe:i have cTsed this Work Authorization to be executed and delivered, effective "his dJ S t-' day of'J;JC J...¡""~,f . 200l. t,. \....,....' ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FL.ORIDA BY: CHAIRMAN bEPUTY CL.ERK APPROVED AS TO FORM AND CORRECTNESS: 4 COUNTY ATTORNEY QhWNl) k ~ 'rI~' GLATTING, JACKSON, KERCHER, ANGLIN, LOPEZ, RI~r.HART, INC. - , ; j_ l~/ ,('L/ BY: c . -- I .' ! \ f\ l f:,\ í;.J,.., Print Name:-Ldß r) I C t;.P(r n -r;--. I {' . I. "I J ,,- . .j r¡ i- Title:-----y I (i" '( f-t\ 1(/'" 0 I 9: \otty \ogreemnt \work.ouf\Glatti ng-1.4wnwood /, \ø~ter PiQn GLA TTING JACKSON KERCHER '-' '-' ANGLIN [C LOPEZ RINEHART WilhamJAnglm,Jr David L. Barth Jay H. Exum Jack F. Glattmg Carey S. Hayo Jay R. Hood Timothy T.Jackson Willi;¡m C. Kacher, Jr Walrer M. Kulash Sharon K. Lamantia S, R.J.ymond Lopez John H. Percy Jobn F. Rinehart Gregory A. Hry!a David R. Chus Ch.u!es P' Cobble .Vli..:hael Ro, Cochran Jeffrey S. Collins R..:d'lJ.rd E. Durr,Jr. Br:.l.cc C. Hall David M. Kutner Frank }\,jJ.skiewicz Gail D. Lacey '\\'ll!lJIn D. Lites Edward 1- McKinney Thoma;;J- .\1c!\:hckcn,]r. Douglas A. Metzger John). Moore III T¡mothy R. Palermo Troy P. ítuss Jodi L R.utmann Kdley J. Samuels Peœr C. Sechler Na,han P Silva t,wn K. Turner Ronald L Urbaniak G, Wadt.' Walker GJrV E. Warner Community P¡,utfing 22.2 CI~matis Street SuÜe 200 West PaJm Beach Florida, 33401 P: 561 659 6552 L 56\ 833 1790 www.gJauing.com License # EB 0005812 lC C000049 Wet Pal". &ach . OrlQndo LETTER OF AGREEMENT June 21, 2001 Revised August 2, 2001 Revised September 5, 2001 Revised September 12,2001 . Mr. Peter Keogh St. Lucie County Parks & Recreation Department ?300 Virginia Avenue Fort Pierce, FL 34982 « Hereinafter referred to as Client. . AND Glatting Jackson Kercher Anglin Lopez Rinehart. Inc. 222 Clematls Street. Suite 200 West Palm Beach. FL 33401 Hereinafter referred to as Glatting Jackson, Re: "St. Lucie County / Community Parks System Master Plan" Glatting Jackson Project # 15946,0 Dear Pete: 4 Glatting Jackson is pleased to provide this Agreement to prepare a Community Parks System Master Plan for St. Lucie County. Following is our proposed Scope of Services, Schedule and Fee. in accordance with the tems and conditions detalled in the our Agreement for Landscape Architect and Plannmg Services. 1.0 PROJECT DESCRIPTION 1.1 The Client wishes to develop a Community Parks System Master Plan for St. Lucie County, including a Needs Assessment to detennine the Active and Passive recreation needs and priorities of County residents. The focus of the project will be on park lands and facilities for active and passive recreation. The Plan will also include order-of- magnitude cost estimates for land acquisition, park development and operations/maintenance (based on County data). as well as a funding and implementation strategy. Glattmg Jackson Kercher Anglin Lopez Rinehart, Inc. Page 1 of8 '-" ""'" [C 2.0 SCOPE OF SERVICES PART I - EXISTING COl\'DlTIONS ANAL YSIS . 2,1 Project Management - In addition to the specific services detailed below, GIatting Jackson shall provide services for management of the project including coordination with the Client's representative, monitoring the project schedule as it relates to this scope. and timely invoicing and reporting of project progress. 2.2 Coordination of the Work of Subconsultants to Glatting Jackson - The Client hereby acknowledges and agrees that Glatting Jackson will assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson as Project Manager for the project. However. the Client agrees that Glatting Jackson does not bear any liability for the technical accuracy of work prepared by others, All professional firms working on the project shall bear separate responsiblllty and liability for the work prepared by them. . 2,3 Review Existing Documents - The Client will provide Glatting Jackson with all available maps and data regarding existing parks, recreation, open spaces. neighborhoods. activity areas, schools and public buildings, These may include, but are not limited to the following. Additional work needed due to inaccurate or incomplete data shall be an Additional Semce. 1. St. Lucie County Comprehensive Plan 2. Current Inventory of County Parks and Recreation Facilities 3. Capital Improvements Program (CIP) 4, PopulationlDemographics Data. both current and projected 5. Recreation Program Brochures, Catalogs and Flyers 6. Current Funding Sources (General Fund, Grants, Sales Tax, etc,) and estimated revenues 7, Current Partnerships 8. Department Staffing/Organizational Charts 9. List of Current Sports Leagues (both youth and adult), Program Levels and Schedules 10. Land Development Regulations 11. Other Relevant Studies, Data and Information 2.4 Base Map - Within thirty (30) days from Notice to Proceed. the Client shall prepare a base map for the project, in an AUTOCAD file format, that shows the following: 1. Future Land Use 2. Existing/Proposed Roadways 3. ExistingIProposed Public (City, County, State) Parks and Recreation Facilities Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 2 of8 rl '-' ""-' · 4. ExistinglProposed Trails, Sidewalks, and Bikeways 5. ExistinglProposed School Sites 6. ExistinglProposed YMCAJBoys & Girls Club Sites 7. ExistinglProposed Public Parks and Recreation Facilities in Adjacent Communities, including Martin and Indian River Counties 8. Existing Private/not-for-Profit Recreation/Cultural Facilities 9. VacantIDerelict Lands 10, Major Power line / Utility Easements 11. Natural/ Man-made features such as lakes and canals 12. Natural Open Space / Conservation Areas · · · 2.5 Data/Base Map Review - Glatting Jackson will review the data and base map and inform the Client of any additional data or revisions needed to complete the study. GIatting Jackson \vill proceed with the study once the Client has provided all necessary data and completed the Base Map. · · 2.6 Site Visits - GIatting Jackson will spend one (1) day visiting the Client's existing parks and other recreational facilities to observe eXIsting conditions. and will prepare a memorandum summarizing observations and conclusions. 2.7 Steering Committee - The Client will invite Community leaders and stakeholders to participate in the project as a Steering Committee for the project. 2.8 Kickoff Meeting - GIatting Jackson will meet with the Client to kickoff the project. Agenda items may include review of project time line and expectations, base information and observations. Part J - Deliverables: · JvfemorandulIl sUlIlmarizing observations from site visit · Kick-oflmeeting minutes PART II - COMMUNITY PARKS NEEDS AND PRIORITIES ASSESSMENT 2.9 Community Parks Needs and Priorities Assessment - GIatting Jackson will use the following techniques to determine community active and passive recreation needs and priorities: · Service Area Analysis · Comparison to State and National Standards . Staff Workshop · Parks and Recreation Advisory Board/Steering Committee Workshop · Recreation Provider Interviews (by County Staff - questionnaire to be provided by GIatting Jackson) Glatting Jackson Kercher Anglin Lopez Rinehart, Inc, Page 3 of9 ....... 'wi [I f · Up to Five (5) Public Workshops Throughout the County: one (I) in each Commission District Glatting Jackson will provide workshop materials such as maps, flip charts, markers. etc. The Client will coordinate the logistics for each workshop, including stakeholder invitations. advertising, site reservations, snacks and beverages. etc, · · Part II- Deliverables · Workshop Summary Memoranda · Questionnaire for Recreation Providers · PART III - TELEPHONE SURVEY 2.10 Telephone Survey - Glatting Jackson will prepare and conduct a countywide telephone survey to confinn active and passive park and recreation needs and priorities. The Client shall reVIew and approve the Survey questionnaIre prior to initiation of the Survey. Part III - Deliverables · One hard copy of telephone survey results - both raw data responses and summary of findings PART IV - FUTURE CO:\Il\IUNITY PARKS SYSTE:\I MAP/I:\IPLEMENTATION STRATEGY 2.11 Preliminary Future Community Parks System Map/Cost Estimate - Based on the results of the Existing Conditions Analysis and Needs Assessment, Glatting Jackson will prepare a preliminary Future Community Parks System Map showing the general location of existing and proposed community parks. Glatting Jackson will also prepare an "order of magnitude" estimate to acquire and/or develop the proposed parks shO\\11 on the map. The Client shall provide data regarding land acquisition costs. 2,12 Steering Committee/Board of County Commissioners Presentation -Glatting Jackson will present the findings from the Needs and Priorities Assessment and the Preliminary Community Parks System Map. 2,13 Preliminary Implementation Program Workshop - Glatting Jackson will attend a meeting with the Client and the County Commission to review the map and to prepare a preliminary Implementation Program for the Community Parks System, including both public and private initiatives, The workshop will include: . List of top priority needs · Review of Preliminary Community Parks System Map · Discussion of proposed funding sources Glalting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 4 0[8 [C '-' 'wi · Discussion of recommended amendments to development regulations and zoning code (if applicable) Part IV - Deliverables · Preliminary Community Parks System l'dap/Needs Assessment Conclusions Power point Presentation - to B.O.C.C. · Preliminary Implementation Program Nfemorandum · Workshop Minutes · Order of Magnitude Cost Estimate PART V - COMMUNITY PARKS SYSTEI\1l\IASTER PLAN 2.14 Develop Community Parks System Master Plan - Glatting Jackson \vill develop a draft Community Parks System Master Plan comprised of an illustrative poster of the Final Master Plan. and a three nng binder that includes the following: · A color Executive Summary that Includes the Community Parks System Map · Existing Conditions Memorandum (Pan I) · Results of the Telephone Survey (Part III) · Powerpoint presentations of the Needs and Priorities Assessment (Part V) · Implementation Program Action Plan, including funding alternatives and order of magnitude cost estimates (Part IV) 2.15 Review of Draft Plan - Glatting Jackson will submit six (6) color copies of the draft plan for Client review. The Client will provide Glatting Jackson with one (I) consolidated set of edited. written review comments. Additional work required necessitated by not receiving consolidated comments shall be considered Additional Services. 2,16 Revisions to Master Plan - Glatting Jackson will incorporate Client comments into the final plan. Additional revisions shall be provided as an Additional Service. 2.17 Final Commission Presentation for Adoption/Approval - Glatting Jackson shall present the final Parks and Recreation System Master Plan at a public hearing to solicit County Commission approval and adoption, Revisions requested by the Client in response to County Commission comments shall be an Additional Service. Part V - Deliverables: · SLr (6) color copies of the Draft Parks and Recreation System Master Plan · One (1) color copy and a digital copy of the Final Parks and Recreation System Master Plan · One (1) mounted, color copy of the Illustrative Poster Glatting Jackson Kercher Anglin Lopez Rinehart. Inc. Page 5 of8 [C '-' 'WI . PART VI - ADDITIONAL SERVICES 2.24 Additional Services - Glatting Jackson will provide Additional Services as mutuaIly agreed upon between Glatting Jackson and the Client. Those services may include, but are not limited to the following: · Additional meetings, workshops, presentations · Individual facility site plans. sketches and/or construction documents · Additional work necessary to accommodate additional revisions · Additional copies of work products · Additional work required to secure base information not provided by the Client · Preparation of grant applications · Environmental, stormwater or utilities design, permitting or cost analysis . 3.0 PROJECT SCHEDCLE GIatting Jackson is prepared to begin work on the project immediately upon receipt of this executed Letter of Agreement. GIatting Jackson. shall perform its work in such a manner as to comply with the agreed upon schedule as shO\\11 on Attachment A. 4.0 ASSIGNED PERSONNEL The follo\ving personnel from Glatting Jackson will be assigned to this project, and \vill have the responsibilities described: David L. Barth, ASLA. AICP Richard E. Durr, Jr., ASLA Principal-In-Charge (2) Project ManageriLandscape Architect (4) 5.0 COMPENSATION 5.1 Community Parks System Master Plan - The fee for Part I, Existing Conditions Analysis, through Part V, Community Parks System Master Plan, shaIl be a lump sum fee of $73,500. Direct Expenses are included in the fee. 5.2 Additional Services - The fee for Part VI. Additional Services, shaIl be billed as an agreed upon fixed fee or on an hourly basis using the attached Hourly Rate Schedule. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 6 of 8 '-" ....." [C . 6.0 CLIENT RESPONSIBILITIES 6.1 Client shall designate a Project Representative immediately upon execution of this Letter of Agreement. who shall be Glatting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the O\'mer (if a separate person or entity from the Client as shown in Art1c\e I) and any separate consultants. . 6.2 Client shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation. a program setting forth the Client's objectives. and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project as stated in the Scope of Services. 6,3 Client shall comply with any schedule requirements made knOW11 to the Client by Glatting Jackson and. in any event. shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 6.4 Client shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. We look forward to working with you on this project. If you find these terms acceptable please sign where indicated below and return one signed original to Glatting Jackson for our files. Please call me if you have any questions. Sincerely, David L. Barth, ASLA, AICP Vice President Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page7of8 [I ~~ (, <r; /"'1" ""? C, "-' AGREED TO AND ACCEPTED BY: St. Lucie CQunty ~y.' :~,~ _..E.:".;:.: ~~ Name Its: Title Date: ....., By: t Its: Vice President and by: William C. Kercher, Jr. Its: President Date: Initials _/~ SKL / PM Glatting Jackson Kercher Anglin Lopez Rinehart. Inc. Page 8 of 8 '-' Project Name: Project Number: ...., St. Lucie County / Community Parks System Master Plan 15946.0 SUPPLEMENTAL TERMS OF AGREEMENT I. AcceDtance of .·\£reement - ThIS Letter of Agreement shall be valid tor Cltent acceptance tor a period of tifteen (15) days from the date of execution by Glatting Jackson. ThIS Letter of Agreement may be terminated by either party with titleen (15) days written notice In the event of termination, Glatting Jackson shall be compensated through the date of termination for a1l fees and Llirect expenses incurred. 2. Submittal and Pa\ment of Invoices - Invoices for serv"ices shall be submitted on approxImately a monthly basis Payment shall be due upon receIpt. The Cltent agrees to pay interest of I ,5% per month to be calculated trom the next day after reœipt of each invoice, on invoice balances outstanding more than thirty (30) days, Glattrng Jackson reserves the nght to \\.ithhold \-\'ork products or to stop work until pJ.:ment is received. The Client assures Glatting Jackson that tinancial arran2ements have been made to tÌJltill the Cltent's obligations unde;thlS Letter of Agreement. The Cltent a!!Tees that Glaning Jackson shall not be ~equired to provide detailed backup, i~ the form of hourly detail of any kind, in support of in\oieing for tixed fee or lump sum fee projects, Ifhackup is required the ClIent agrees to pay Glatung Jackson, on an hourlv basis, for the cost of pro\'¡ding such additIOnal infonnation , Act!ons of A'2cnci.:s Not Guaranteed - Glatting Jackson \vill ~:'(erc\s~ professional skill In executing its services, howe\-er, it cannot and does not guarantee the action of any governmental ofliclal. agency or Judicial proceeding. The Client shall pay all invOIces for professIonal services and for expert witness services submitted in accordance \\,:ith this Letter of Agreèmènt regardless of the results or any such governmental or judIcial Jctions 4. Qvmershi[J of Documents - All documents, work product and infomlation contained therein prepared by Glatting Jackson or its Subconsultants are instruments of service for use by the Client ~ with respect to this Project Glatting Jackson shall be deemed the author ot'these documents. work product and information agd oRal! f"'t"';- alllÎbl.tJ tL..,...t..J. /' 6. Retention of Rccords - All original documents, \\iork product ( -,) an~ contained therein shall be retained by Glatting LJ.J)i'::> ......-rãckson for up Îò-twe+2i years following completion of the ¡"r- Project After that tIme, Glattlng Jackson reserves the nght to dispose of the documents, work product and information in its sole discretion The Client shall be provided with reproducible copies üf all origmal documents at its expense upon reques[ 7 Contìdentialitv Such documents, work product and all inronnation contained therein are proprie[ary to Glatting Jackson, but shall not be shared with third party without the mutual prior consent of Glattmg Jackson and Client v,'hen documents, work product and information contained thercin have been submitted to a publIc or similar organization subject to the Sunshine or other public documents laws. such documents, work product and in fonnation are agreed to be within tne public realm and Glattmg Jackson may distribute, sell or other.vise disburse am: information contained therein to third parties at its so]::: discrèt\On. 8, Limitation of Liaclllit\ - Glattlng Jackson will not be responsible for any circurnstanœs, ~cts, errors, omissions or events, of an)' type, beyond its rèasonablc control including, without limitation, constructlOn costs, the acts or failures to act of any governrr.ental or judicia1 agency and the existence of hazardous waste of any ty?e associatcd with the Project Glatting Jackson shall not be responsIble for the acts or omissions of any contractor. Subi.:onsultant or supplier, or of any of the agents or employees or any other persons (except Glatting Jackson's own employees) at the project site or otherwise furnishing or perfonning any of their work: or for any decision made on interpretations or clarifications of any contract documents !liven bv the Client without consultation and advice of Glattm-g Jacidon . I). Assicrnmem of .-\2Teeme:ìt - :'\either the Client nor Glatting Jackson shall have ar.v right to assign this letter of Agreement to any other person or'en~ty, absent prior written con;ent from the other party 10, Disoute ResolLltlon - In the unlikely event of any dispute, dift~rençe, claim or counterclaim bet\\"een GJatting Jackson and the Client arising out of or in connection \vith this Letter of Agreement, whl(h cannot be amicably resolved by the parties through good faith negotiations, any such rnatt~., j be submitted to the CIrcuit court in and to,..Qpftn~ County. -;:.1', Florida, fortrial and determination by tne court sitting without L,: jury. The parties hereby consent to the jurisdiction of such court and to the servIce of process outside the State of Florida (if applicable) pursuant to the requirements of such court In any matter so to be submitted to It, and they exprcssly waive the right to ajury trial. Ttw Clt'l,t agr,-¡rrc tQ rr~ ~Il vr Ol3ttiTtg j;lCk"on 's rp:1<,;on:Jglv tttt~il1;;P¡~:"" fees and ro<.:tc i~ in hrmmncr -.n: sue;¡ S~lt 1R tRç i! BRt tl...l aL..llW,S J~son) ~ ..,1 ~~ !f~< f,~_i r ;f),""7~, ~/(J! __: t.'1 ""1:' ,'.,.t,_,/ ,",' I! Entire A<treement " Governing la\Io' - Regarding the subject "h '- matter hereof, this Agreement contains the entire agreement of the parties and their reprçsentativcs and agents, and supersedes all prior undcrstandings, \vhether oral or ,,\.'rittcn. This Agreement shall be governed by the laws ofthl' State: of Florida Client Initials GlattIng Jackson Initials~ Glattìng Jackson Kercher dnglin Lopc= Rinehart. !tIC reI'. Jlllle 1999 '-' Project Name: Project Number: '...,/ St. Lucie County! Community Parks System Master Plan 15946.0 GLA TTIl'iG JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. HOURLY RATE SCHEDULE Principal 3 Principal 2 PrincIpal 1 Planner 4 Planner 3 Plaluler 2 Planner 1 Transportation Engineer 4 Transportation Planner 4 Transportation Planner 3 Transportation Planner 2 Transportation Planner 1 Ecologist 4 $200 $175 $150 $125 $105 585 565 $150 $125 $105 $85 $65 $125 Ecologist 3 Ecologist 2 Ecologist I Landscape Architect 4 Landscape Architect 3 Landscape Architect 2 Landscape Designer GIS Specialist 2 GIS Specialist 1 Graphic Artist 2 Graphic Artist 1 Administrative Assistant Technician $105 $85 565 $125 $105 $85 565 585 565 585 $65 $50 $50 Increase In Hourly Rates - Glatting Jackson shall conduct a review of hourly rates on an annual basis and may. upon notification to the Client. increase such rates in our sole discretion. Other Direct Costs - Other direct costs incurred in completing the scope of services are included in the fees for each part of the Scope of Services detailed in the Agreement. Other direct costs may include. but are not limited to, costs for reproduction. printing, photocopying. photography, courier services. automobile mileage and other expenses. Direct costs for any Additional Services shall be negotiated under separate agreement. Application Fees - All application. filing, and permit fees. including. without limitation. all fees to local, regional and state governments and agencies. shall be paid by the Client directly to the appropriate agency at the required time. Client Initials Glatting Jackson Initials W Glalling Jackson Kercher Anglin Lope Rinehart, {ne rev, February 2001 . -; ~~ ~rì5 ~ t' :¡: . u .; t II <: t i ~ "" 'ª 5' < I I ,.. >. ~ · ~ >. ::i . ,- c. . < ~ · ~ >. ~ ~ - >. · N ~ - " U " . " . U ~ Ž ¡; -; ] j -:; ë- C/O ~ " ::E ¡¡ ~ C/O ~ " ..::: ., >-.~ - . ~ ~ 5- ö: ~ ~ . ~ e ~ .!::! :.r,¡ ~ C .... . cñ3 " · · " " ~ g :¡ ~ ð 8 .. '" · c t; .~ ï:¡ 1:( '" "' ~ ~ -. .~ ~ ~ ~ 'E '" I ~ ::¡ IS. :'X <1\ ~~;; ~ ~ ~ C::¡Clv; u u .:g ~ ~ 'É u ::¡ .š~ E ~ ü; '" ¡¡ i ~ -:;; ~ : ª ~ < .. . u . -S ,~ ~.,: ~~ ~i .~~ § .:¡ ~ :; ~ 0. ð .~ c ~ ~ ~ð ~ ~ ò; · .~ '.. n ~ Ë e ~~ ~ ¿ IE ~ ~£ · ~ , ~ ~ .;: · · · >. "!~ ~~ ~,g ~ ~ ~~ ~ .. ~ ~ ;>-..~ ~ · §=- - = § ~.g IE E t;I ~ E e :t == ð ~ t ~ ~~ª]; :! t.I., .. -= ~ ~ ð ~ ~ .5 ~ .S 0: ..§ 5 j¡ ~ J: ~ J: ~ õ " .. > ¢ g, < -. .g õ. ¢ ." < ~ c ~ 0: ~ " ~:; ~ -~ ~ ..2 ~~ .~ ~ ~ &::- ~¡f £~ è ~;j ~ ì: 'ë is: ~ ~ Êe~~o I: § Q 2 :~ ðu'õVl§ ~ ! .~ .~ U t :> :> ':; -: :ö~~¡¡: "'" . L',!I;,.J.L. .lL.....~ -:JC·l 'tt...::' ~ '=.::¡t' ';LC~~R;.(o, 8, REe PAGE 02 """ ..." J ~o 10 WORK AUTHORIZATION P rcfe..>s/onal S~rvices Related to Landscape Architect and Planning Services for Commt:nity Parks System Master Plan Pursuant to that certain Agreement for Landscaping Architect & Planning Services (the II Agreement") between St. Lucie COLrnty (the "County") and Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. (the "Landscq)e Architecf') dated May 5,2001 Qgrees to perform and successfully complete the Scope of work as set forth in the June 21, 2001 letter concerning the Community Parks System Moster Plan, attached hereto and made a part hereof as Exhibit "A,u Compensation to the LandscopE~ Architect along with the schedule for completion of the work shall be as described in June 21, 2001 letter concerning the Community Parks System Master Plan. IN WITNESS WHEREOF. the parties have cqúsed this Work Authorization to be executed and delivered. effective'his<""''Î 'J ¡. day of}).! ?~~-\t 2001. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: GI..A TTING, JACKSON, KERCHER, ANGLIN, '1~OP~' 1 RI1EHART, INC, BY- dtJ,{i~'-'L---~_-- r " ,J I.; f\ f : ~'" ~0,\ \1/ Print Name: t )f~u; í> L_r~~ r -...; ( II -' \ '1 Ç', J) ) - Title: '\ ; C v 10' n')'v1. . 75f¡ áJJVrJ (/(lMA..W:4' g: \otty\ogre.ernnt\work,oU1"\glatti ng-Com",.nl ry Park' "'. >' '),( ""'" AGENDA REQUEST ~ ITEM NO. C-3 b DATE: September 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 for use of General Fund Contingency dollars and authorization to contract with Native Technologies, Inc for the removal of the Brazilian Pepper and Australian Pine trees at Pepper Park. , BACKGROUND: On November 10,2001, the annual Seal Muster celebration will take place at the UDT Seal Museum and the surrounding Pepper Park area. This is one of the largest and most popular events that takes place in the County. The area is currently overgrown with Pepper and Australian Pine trees. Staff has obtained written quotes from two companies, a non-response . from a third company and is requesting use of $16,365.00 from General Fund Contingency to contract with Native Technology, Inc., the lowest bidder, for removal of the Brazilian Pepper and Australian Pine trees. · · · · FUNDS AVAILABLE IN: 001-9910-599100-800 ( General Fund Contingency) , PREVIOUS ACTION: N/A RECOM MENDA TION: Staff requests that the Board of County Commissioners approve the use of $16,365.00 from General Fund Contingency, approve Budget Amendment # 01-188, authorize staff to enter into a contract with Native Technologies, Inc. for removal of the Brazilian Pepper and Australian Pine trees at Pepper Park. ({] APPROVED [] DENIED [ ] OTHER: -' COMMISSION ACTION: County Attorne~ ~ Originating Dept: ,l Coordination/Siqnatures Mgt. & BUdget~( frlffIt:q Other: Purchasing Mgr.: Other: Finance: (Check for Copy only, if Applicable) H:\WP\Brazilian Peppers removal agenda.wpd '-' "-" FISCAL YEAR 2000-2001 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $127,942 · DEPARTMENT ITEM ACCOUNT # AMOUNT DATE Approved Budget Contingency 001-9910-599100-800 1,000,000 · Administration Community Redevelopment Agency 001-1900-581085-100 $75,000 09/12 · Public Works Rock Road Chapel 001-1900-562011-16002 $1,082 10/03 Central Services Smithsonian (Loans to fund 316) 001-1930-562000-76007 . 11/08 Veteran Services Van Loan for Veteran Services 001-5310-564000-500 $22,079 01/16 Information Technology Balance due to Kronos (time clocks) 001-1900-531000-1919 $11,279 03/13 ~ Information Technology Consulting on Communications needs 001-1900-531000-100 $22,500 04/10 Human Resources Postage Machine for Mail Room / HR 001-1900-544100-100 $4,669 02/13 · County Attorney Allstate Litigation/professional services 001-1410-531000-1920 70,000 04/24 · Administration Sunrise Theater Improvements 001-1900-582000-100 350,000 05/01 Administration Loan To Purchase Farm Credit Property G/L Interfund Loan .. 05/08 Veteran Services Van quote for Veteran services 001-5310 3,715 06/19 · - County Attorney/Acq Tax Certificates Tax Deeds 001-3915-390016 $29,039 06/25 Purchasing Laserfiche 00 1-1320-M ulti-1 00 8,719 07/24 t Central Services Rasmussen House 001-1930-563000-16010 10,000 07/24 Central Services Data Treatment Center 001-1930-546200-100 21,800 08/14 Parks & Recreation Portable Bleachers 001-7210-564000-100 37,755 08/14 , Clerk of Court 35 New PC's - Finance Dept 001-8191-599070-800 15,572 08/14 Public Works So Co Sports Stadium Phase 1 001-7516-563000-79502 162.484 08/14 Management & Budget Staff Accountants (2) 001-1301-549000-100 10,000 08/28 · Total used: Balance Available 855,693 144.307 Proposed action: Parks & Recreation Removal of trees at Pepper Park 001-7210-534000-700 16,365 09/12 Balance Available After Proposed Action: * $200,000 INTERFUND LOAN TO BE REIMBURSED BY THE CITY OF FORT PIERCE. *. $93,800 G/L INTERFUND LOAN 127,942 G:\BUDGET\QUA TTRO\GENERAL\FORMSIAMENDM01.wb3 '-' .....,¡ PARKS & RECREATION DEPARTMENT ADMINISTRATION MEMORANDUM #01-155 . TO: Pete Keogh, Parks & Recreation Director , . FROM: Jim Cummings, Parks Manager DATE: September 11, 2001 f RE: Peppers at Pepper Park update · · ***************************************************************~********************************* Two estimates have come in with the following information: · Native Technologies, Floraquatics, Inc. luc.. 1. Cut and chip in place all Brazilian pepper in Section C 300 lineal feet and Section A 50 X 50 lineal feet. All chips left in place. S 4,668.00 $ 6,279.00 2, Treat in place Brazilian pepper in Section C (except as in item # 1); in Section B (all) and in Section A all remainder (except as in item#l) S 9,428.00 $ 6,305.00 3. Treat in place 197 Australian pine trees, 175 . in Section C, 12 in Section Band 10 in Section A. S 2.269,00 $ 5.000.00 TOTAL S16,365.00 $17,584.00 4. Same small scale chip in place (maybe needed beyond that specified above) Quote time and materials for small scale physical removal. $ 160,90 an hr $1,400 a day '"" ~ 4 PARKS & RECREATION DEPARTMENT ADMINISTRATION MEMORANDUM #01-144 . . TO: Doug Anderson, County Administrator · FROM: THROUGH: Jim Cummings, Parks Manager ~ Pete Keogh, Parks & Recreation Direct% ... . V August 27,2001 · 4 DATE: RE: Pepper Park pepper control · **************************************************************************************************r In response to your request concerning the removal of peppers at Pepper Park, two vendors have responded Native Technologies ($29,489) and Floraqatics, Inc.(S9,980). We propose control of the area in the following fashion: 1 Area 1: Oceanside North end Trees are to be cut at or near ground level Stumps treated with herbicide Vegetation will be chipped and spread across area or removed Art<a 2: Oceanside South end Trees currently growing in conjunction with other pIants. These will be treated in place and left to die. Area 3: Riverside Trees growing in large mangrove stand, will be treated in place and left to die. All Areas: Australian Pines All Australian Pines will be treated in place to die. We are uncertain as to the North border of the park. A survey has been requested ITom engineer, Ron Harris to work into his schedule of activities. When all peppers killed and eliminated, Parks division will inspect every three to four months. Any pepper trees that spring up from seeds, stumps and roots will be treated in the young, vulnerable state. It is the intent of the Parks division for this to be made a continuing process. '-' ..." BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks and Recreation PREPARED DATE: 09/12/01 AGENDA DATE: 09/18/01 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 011-7210-534000-700 Parks and Ground Maintenance $16,365 FROM: 001-9910-599100-800 General Fund Continaencv $16,365 REASON FOR BUDGET AMENDMENT: To cover the eXDenses for the removal of the Brazilian Pepper and Australian Pine trees at PeDDer Park. CONTINGENCY BALANCE: $144,307 THIS AMENDMENT: $16,365 REMAINING BALANCE: $127,942 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01-188 DOCUMENT # & INPUT BY: . , · · ~ · G:IBUDGETIQUA TTROIGENERALIFORMSIAMENDM01.wb3 ~USQUITO ;9\=~9~_DIST~ -~L:561-462-1565 ....-r- ..."" r ~""""".c-"'.-""_ _...__ :3"c 10'01 . '......,. ...., ..L~:58 No.003 ~ ~? ~4 '.--~ 4 In c .TM 3215 NW 10 T9frace. Suite 209 Fort Lauderdale, Florida 33309 Phone 954/tj23·~236 . eW301·1707 Fax 9ð4/462-7011 · Fax · Fax: 561-462-1565 PhoM: 561-462-1692 Brazilian Pepþel'Tree:s Quote due 9/11/01 @ roon. ATTN; Jim David. Director F . Robert B. Miller, $.niorYi~ Sl LuCie Cty MO$qujto Control rom. PresidenVbM Pages: 2 Date: September 10, 2001 · To: ReI eCI ~bey. --" ~ '.- .0_40.11. Please see the attached quote for your review, If there is anything else that we may be of service, please do not hesitate to call. ~U~UUiIU _U\ ~UL UL~r~ ~L:~61-452-15S5 ;).r,., AU U.I. Vr::.õt,;.Ct"', ....VI t""''U1 ."'~ V" ......_ ~aSOJ!TC CO'lTFiGl ~TR r::l. :5&1-4S:;-tSf5 S~E_~O:.Ql S~O¡IOl 14:52 ND.OC3 ~.:3 'a~~ r.- 12:28 N~ .OC~ P.O? Sl Lucie County Mosquito Contro] District 3150 Will Fee Road, Fort Pi~ce, FL 34982 'Phone:(~61)462-1692 Fax: (561) 462..1 S6S · · We are soJidtin¡ rovised quotes Cor the removal of Brazilian Pepper Trees as follows: · ¡KOTIC VEmTA.TION: · I, C\¡t and chi)' in p!~.n ÐIUiIi.. p.pper in S.cl;c.n c:, 300 linwl rHl. 'by 15 ("1.1Id 5fft!on A. 50 ,,50 lJnet1 fMt. All ehíla ahl1! bt kn in pIau, Qu.m r.I'U...1r $4 .66~. 00 · 2 Treat ita ph~. BnllÍli«:tp.ppoy In 8eoti"n {:'. all rrm~¡..o,jçr (f'Qi;cp( IS Ù1 item ill)¡ in Seollcm 8 (IU); 11\4 il1 StttiOll It.. 'II f9II1&ia'-r (øoopt a. in ÌùIl1 .1). Q140U t.r"-ft! $9.428.00 · J. TrMtinpl.oe 19' Au.trallanptœ ~~, Ii" trœ. i:ul:~OI C, l2tre~ in aectlotl B and lO1ro&.$ in MÇtÌOQ A. Qv'* fw II. IQ: $2.269.00 4. Some tmIll tcalo chip in pItoe (l1li)' t>e need$,! ~YvuU tluLl Ip.dfted above) QuQtt timo A nllrilla firr ~n eqO pkyRnI fftð\llll. Qlottror_....: Crew, Chi\)DU. Fuel, True!. :. Che:nical $190.6C/hr. All BruI!Iu.,.",., ad 41Ut'....... tr... .hlll b. tl'uIPd Mtb I' El'A 'pprøvft Im'tIld4t. Pleue "1 )'Our quota 10 lattr ÜU aoOl1 on T~Q:Ùy, S",Cember 11, 1001. Pl..., ¡¡aU mol If Y01l DUd .ddhloll&1 bllonulSft. Bite vbl&l ClUJ be anult¢. '1'Dtnk )'ou, 1i11WN'Y .1......... '"' ~ ""'r4 ~ -.. - "-":::''-·'-.1';')-15::<; ~"'" ¡U U¡ ¡ 1: ¡:¡ð ~'.n.ss-.i "..........._. '( ,'tOSQUITO CONTROL DI~ TEL:S&1-a&2-1555 "\.;.:' (,\ r...,'0' ~ \ '. ' - ^()\ .... ' '1..---- ,..", ",,-- ~ø"ct CO~ iØ We are sOliciti"g revised qUOtes 11... 8S follows: , G~ ¡..~~ ¡]eMIr. VRt:l'T.o\.n9ti¡. " \(510 CIa JDð Qhip Ja pJIQe II) BI'IZi1iIn pepper 1lI.s~tion C~~~'Þ ~ SO 11Ðea1 feet AlJ obiHI1àaU be left in p_, " QrIottlorleaaWJI $ IS. 279.00 Sh Thou$ðnd Two ~ 1 .... Dol ars. '\.~'-o. "{,oo$ ~o~ /" /. 2. -rr..Un pJ.Cf ~n.n I"tPP« in ~ C. I! I ~indor (except.. r. W ia s.otion A. a11 ~ (exCept.1 in ì\Q¡ #1), QuIlttt'or"-Ø21 $6.305.00 Six TJ¡ou~ar.d Three flundreL 3. Tntt mpaw 197 ^~I_piM~, 17, IrCU in -tiooC, l;r Il'ettIn_riot. ill MOtiotI A. 0110"'.""'111*3' $5,000.00 Five Thousand Dollars 4, Some sm.dI sc.le chip in pl~ (may be r'fI.'\Itd be)'on4 L!¡at 'P"Uit'd 4IÞovo). Qy,q ~ ItIùcriaI.Ior ""-11 Je&1e ~ÍOIII'M»Y'OJ. - Qwt. tor fttm J4: One licacor · ~our L~borers + Chi er/e All BruHl.. IN'pJ'¡' ~~r.~ . ~ Ü'I be: 'ruted "'¡tllllll}'4 .ppro.., atlbJdda, PIteae tJq )'Nr qtlOtft 110 r'ler U. II\lOD Oil TIfCSdIY. S,jÞtMDbtr 11, %OOJ. Pfeae can !lie f1 yo. IIttcf Idd1UoaallGfanudoa. SHe \'I11r. ~. be ...,....d. nul¡ 1011. !l.\WN'V '1\Pwer 1'Jw I-...r J.,,~ FLORAQUAnCSINC. . 17956 49THST,N. LOXAHATOŒE,FL 33470 No.OO! :0,:3 'a p .02 f · · · · · · ~ -i"O~q':;IIT_o. ::O\-ROL DhTR iëL:S61-462-1S:;S /" ~. .......... '-" FLORAQUATICS, INC. 17956 4~ Street, North Loxahatchcc, F133470 Phone: (561) 791-7957 Fax: (561) '91·201! CI.J E..''-IT: St Lucie Mo uho Control District ..\~: im David / Suzanne F~ NO: - 561-462-1565 _ U~t _ Reply AS..-\P S : > 1 (ì . ~I 1 L : S ( ~'o. I) 0 1 :, :::2 """" FAX COVER SHEET PilOw.: I Dan Michels DAm 9/10/01 SUBJECT: Peppa Puk PIease Review Totul number of pages including cover: 2 COMMENTS: ¿ t · · · _ For Your Info. · . .. · · ~ ~GENDA REQUEST ITE~O. C-4t1~ DATE: September 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: Interlocal Agreement - Purchase of Computers - Clerk BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: County Attorney; )1 Review and Approvals Management & ~Udget~~ Info. Tech. D1r; Purchasing: Originating Dept. County Eng. , Finance: (Check for Copy only, if applicable) Eff. 5/96 If' '. '-" """'" INTER-OFFICE MEMORANDUM ST, LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A, NO. 01-2148 DATE: September 10,2001 SUBJECT: Inter/ocal Agreement - Purchase of Computers - Clerk ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: The County entered into an agreement dated August 8, 2001 with Howard Industries, Inc. ("Howard") that provides for the County to purchase computers from Howard. The County is financing the purchase of computers through a Master Lease Agreement with Sun Trust Leasing Corp. The Clerk wants to purchase computers for the Clerk's use pursuant to the County's contract with Howard and the Master Lease Agreement with SunTrust, Attached to this memorandum is a draft Interlocal Agreement between the Board and the Clerk which, if approved, would allow the Clerk to purchase computers from Howard pursuant to the County's contract with Howard. The draft Agreement provides that the Clerk may, at the Clerk's option, finance the purchase under the Master Lease Agreement with Sun Trust, The Clerk will be responsible for paying for the Clerk's computers, RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. DSM/caf Attachment " '-'" '-' INTERLOCAL AGREEMENT PROVIDING FOR PURCHASEs OF COMPUTERS BY THE CLERK OF THE CIRCUIT COURT THIS INTERLOCAL AGREEMENT made this day of , 2001, between the BOARD OF COUNTY COMMISSIONERS OF ST, LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called "County" and the CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, hereinafter called "Clerk", WHEREAS, Section 163.01, Florida Statutes, provides that local government units and independent constitutional officers may cooperate by agreement to provide necessary and essential public services; and, WHEREAS, the purpose of Section 163.01, Florida Statutes, is to permit local government units to make the most efficient use of their powers by cooperating with other local government units and independent constitutional officers for their mutual advantage; and, WHEREAS, the County entered into an agreement dated August 8, 2001, with Howard Industries, Inc. ("Howard") that provides for the County to purchase computers ("product") from Howard in accordance with the terms and conditions of the August 8, 2001 Agreement; and, g: \atty\agreemnt\i nterloe \Clerk-Comuters 1 .. . ~ '-' WHEREAS, the County entered into a Master Lease Agreement dated August 14, 2001, with SunTrust Leasing Corp ("SunTrust") that allows the County to finance the purchase of Product pursuant to the terms of the Master Lease Agreement; and, WHEREAS, the Clerk desires to purchase and finance Product for the Clerk's USe pursuant to the County's contract with Howard and the Master Lease Agreement with SunTrust. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: 1. The Clerk may, at the Clerk's option, purchase Product from Howard in accordance with the terms and conditions of the August 8, 2001 Agreement between the County and Howard, In the event the Clerk determines to purchase product from Howard, the parties shall develop a form of an Addendum to Agreement to allow such purchases. 2, If the Clerk determines to purchase Product, the Clerk may, at the Clerk's option, finance the purchase of Product pursuant to the terms of the August 14,2001 Master Lease Agreement with SunTrust. In the event the Clerk determines to finance the purchase of Product under the SunTrust Agreement, the Clerk shall be responsible for paying the County the lease payment due SunTrust for product purchased by the Clerk. The County and the Clerk shall develop a procedure acceptable to Sun Trust allowing the Clerk to utilize the Master Lease. 3. To the extent allowed by law, the Clerk agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs, and expense in any way arising out of or in connection with the performance of this Agreement, 4. This Agreement shall continue in effect from the day and year first written above until terminated by either party upon no less than sixty (60) days written notice to the other party. g: \atty\agreemnt\ interloc \Clerk-Comuters 2 ;. ¡ '"" ....".¡ 5. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 If to the Clerk: St. Lucie County Clerk of the Circuit Court St. Lucie County Courthouse 221 South Indian River Drive Fort Pierce, Florida 34950 6. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, property authorized, and delivered by both parties hereto, This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. . 7. This Agreement and any subsequent amendments thereto shall be fi led with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF the parties hereto have accepted, made, and executed this Agreement upon the terms and conditions above stated on the day and year first above written, ATTEST: BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY BY: Deputy Clerk Chairman g: \atty\agreemnt\i nterlac \Clerk-Camuters 3 ,'" '-' WITNESS: g: \atty\agreem nt\; nterloc \Clerk-Comuters ...." APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY CLERK OF COURT BY: JoAnne Holman . 4 '-ÃGENDA REQUEST ITE~O. CJ4b DATE: September 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: Interlocal Agreement - Purchase of Computers - State Attorney BACKGROUND: See attached memorandum . FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement, . COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: ou as Anderson Co nty Administrator County Attorney: (ft, Review and Approvals Management & Budget ~ ~~ Info, Tech. Dir: ( Purchasing: Originating Dept, 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. 01-2149 DATE: September 10, 2001 SUBJECT: Interlocal Agreement - Purchase of Computers - State Attorney =================================================================================== BACKGROUND: · The County entered into an agreement dated August 8, 2001 with Howard Industries, Inc. {"Howard") that provides for the County to purchase computers from Howard. The County is financing the purchase of computers through a Master Lease Agreement with Sun Trust Leasing Corp, The State Attorney wants to purchase computers for the State Attorney's use pursuant to the County's contract with Howard and the Master Lease Agreement with SunTrust, · Attached to this memorandum is a draft Interlocal Agreement between the Board and the State Attorney which, if approved, would allow the State Attorney to purchase computers from Howard pursuant to the County's contract with Howard. The draft Agreement provides that the State Attorney may, at the State Attorney's option, finance the purchase under the Master Lease Agreement with Sun Trust. The State Attorney will be responsible for paying for the State Attorney's computers. · RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement, i '-' .....,¡ INTERLOCAL AGREEMENT PROVIDING FOR PURCHASES OF COMPUTERS BY THE STATE ATTORNEY THIS INTERLOCAL AGREEMENT made this day of ,2001, between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called "County" and the STATE ATTORNEY FOR THE NINETEENTH JUDICIAL CIRCUIT, hereinafter called "State Attorney", WHEREAS, Section 163.01, Florida Statutes, provides that local government units and . independent constitutional officers may cooperate by agreement to provide necessary and essential public services; and, . WHEREAS, the purpose of Section 163.01, Florida Statutes, is to permit local government units to make the most efficient use of their powers by cooperating with other local government units and independent constitutional officers for their mutual advantage; and, t WHEREAS, the County entered into an agreement dated August 8,2001, with Howard Industries, Inc. ("Howard") that provides for the County to purchase computers ("product") from Howard in accordance with the terms and conditions of the August 8,2001 Agreement; and, g: \atty \agreemnt\ inter I ac \Clerk-Comuters 1 .' '-' ...., WHEREAS, the County entered into a Master Lease Agreement dated August 14, 2001, with SunTrust Leasing Corp ("SunTrust") that allows the County to finance the purchase of Product pursuant to the terms of the Master Lease Agreement: and, WHEREAS, the State Attorney desires to purchase and finance Product for the State Attorney's use pursuant to the County's contract with Howard and the Master Lease Agreement with SunTrust. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: , 1. The State Attorney may, at the State Attorney's option, purchase Product from Howard in accordance with the terms and conditions of the August 8, 2001 Agreement between the County and Howard, In the event the State Attorney determines to purchase product from Howard, the parties shall develop a form of an Addendum to Agreement to allow such purchases. . 2. If the State Attorney determines to purchase Product, the State Attorney may, at the State Attorney's option, finance the purchase of Product pursuant to the terms of the August 14, 2001 Master Lease Agreement with SunTrust. In the event the State Attorney determines to finance the purchase of Product under the SunTrust Agreement, the State Attorney shall be responsible for paying the County the lease payment due Sun Trust for product purchased by the State Attorney. The County and the State Attorney shall develop a procedure acceptable to SunTrust allowing the State Attorney to utilize the Master Lease. . 3. To the extent allowed by law, State Attorney agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs, and expense in any way arising out of or in connection with the performance of this Agreement. g: \atty\agreemnt\i nterloc \Clerk-Comuters 2 '-" -...I 4. This Agreement shall continue in effect from the day and year first written above until terminated by either party upon no less than sixty (60) days written notice to the other party. 5. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With a coþY to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 If to the State Attorney: State Attorney Nineteenth Judicial Circuit 411 South Second Street Fort Pierce, Florida 34954 . 6. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, property authorized, and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. . 7. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St, Lucie County pursuant to Section 163.01(11), Florida Statutes. . g: \otty\ogreemnt\i nterloc \Clerk-Comuters 3 ;- '-" ....., IN WITNESS WHEREOF the parties hereto have accepted, made, and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: . County Attorney WITNESs: STATE ATTORNEY NINETEENTH JUDICIAL CIRCUIT . BY: Bruce Colton f g: \atty \agreem nt \i nterlac \Clerk-Camuters 4 v ~ AGENDA REQUEST ITE~O, i:..:1L DATE: September 18, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S, McIntyre County Attorney f SUBJECT: A-l Roof Trusses Ltd., Company TEFRA Hearing Request . BACKGROUND: See attached memorandum . FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise a TEFRA hearing on October 9, 2001 at 9:00 a,m, or as soon thereafter as the item may be heard. t COMMISSION ACTION: Do las Anderson County Administrator [x] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals County Attorney' Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for Copy only, if applicable) Eft. 5/96 v '-" ~ INTER-OFFICE MEMORANDUM ST. LUcrE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A, NO. 01-2181 · DATE: September 13, 2001 SUBJECT: A-I Roof Trusses Ltd., Company TEFRA Hearing Request =================================================================================== · BACKGROUND: · Attached is a copy of a letter dated August 21, 2001 with enclosures from Mark E. · Raymond, Esquire. As indicated in the letter, Mr. Raymond represents A-I Roof Trusses Ltd. · Company (A-l). A-1 is requesting that the County issue up to $4,100,000 in industrial development revenue bonds in order to finance a roof truss manufacturing facility on the south side of St. Lucie Boulevard near the entrance to the St. Lucie County International Airport. A-1 is currently in business in Palm Beach County and desires to relocate to St. Lucie . County, Issuance of the industrial development revenue bonds requires an allocation of the private activity bond volume cap from the State of Florida. In this regard, A-1 would like the County to hold a TEFRA hearing and adopt an inducement resolution. The inducement would not obligate the County to issue the bonds. If the Board determined at some future date to issue the bonds, the county would not be responsible for paying the debt service on the bonds, '-' ..."" RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise a TEFRA hearing on October 9, 2001 at 9:00 a.m, or as Soon thereafter as the item may be heard. · Respectfully submitted, · · . DSM/caf Attachment Copy to: R. Freeman, Esquire B. Leedy « f 4 MOYLE, FLA~GAN, KATZ, RAYMOND & ~EHAN, P.A. ATTORNEYS AT LAW ~ - ""nP'T~ .. T ' "_:: ~:: '-".... \' .oÔ-North Flagler Drive - 9th Floor . 'West Palm Beach. Flonda 33401-4025 ,,,, '-."" ¡:; \ l¡: \ 3 P,O. Box 3888 0\ ;,.;....0 West Palm Beach. Florida 33402-3888 f Telephone: (561) 659-7500 Facsimile: (561) 659-1789 MARK E. RAYMOND Direct Line: (561) 822-0380 E-mail: mraymond@moylelaw.com Tallahassee Office (850) 681-3828 « · August 21, 2001 Œer.,ýßll2. C~j ~w U rp.2, 0fv c,J.-,y ß¿rfÞ' ßvC c ,tJL ~ ~Ç); tþ \~\. l^A () Clt~l~ , VI I represent A-I Roof Trusses, Ltd., Company ("A-1 "). Enclosed is an application which I \ 11> C;:" ""' filing 00 b,holf of A-I fodh, ¡"o,"", of two <ori" of mdmtrial developm,nt bond,_ ~ "j,).- , Bond proceeds would be used to provide financing for the construction and equipping of a rooftruss manufacturing facility to be located on an approximately 19 acre site located on the south side ofSt. Lucie Boulevard (Airport Road) approximately 200 yards west of the entrance to St. Lucie International Airport. The site is owned by John Herring, the owner of A-I. f Heather Young Assistant County Attorney Office of the County Attorney St. Lucie County, Florida 2300 Virginia Avenue 3rd Floor Administration Annex Fort Pierce, FL 34982-5652 Re: A-I Roof Trusses, Ltd., Company CAJvrV2- fed. L 'f ¡i~ Œ @ Œ ~ ¡ l ~ ! ! Ai JG 2 2 !~,__u · · Ij:J Dear Heather: "..0" ,. 0' r'''''''.''OR v\.- -:~,~.._. ...._!~~ì J As you may recall, in 1999 A-I applied to the County for the issuance of bonds for a similar project to be located on a different site, but because of difficulties in obtaining building approval from the City of Port St. Lucie the bonds were never issued. Mr. Herring has decided to move forward on this current site and, I am told, has received site plan approval from St. Lucie County for the project. The proposed financing involves two components: first, $2,800,000 of variable rate demand bonds backed by a SouthTrust Bank letter of credit. These bonds will be "A" rated and will be sold in minimum denominations of$l 00,000. Proceeds ofthese bonds will be used to construct buildings for use in A-I 's truss manufacturing operation; second, a private placement in the amount of up to $1,300,000. The purchaser ofthese bonds will be CIT Group/Equipment Financing, Inc. CIT is the '-" ..., August 21, 2001 Page 2 financial services subsidiary of Tyco International Ltd. one of the Iargest commercial finance companies in the world. cn is purchasing the bond for its own account without a view to re-sale. As was proposed in I999, my firm will act as bond counsel for both series. · As you know, in order for these bonds to be issued on a tax-exempt basis, it is necessary to apply for and receive an allocation of private activity bond volume cap from the State of Florida. In order to obtain volume cap, it is necessary that the County first conduct a TEFRA public hearing and second authorize the execution and filing of State Division of Bond Finance Form BF-2006-G. Accordingly, also enclosed please find please a proposed form of a resolution of the County Commission and a form of notice of public hearing. We wouId appreciate it ifthis item could be scheduled for public hearing at earliest possible opportunity, bearing in mind that the notice of public hearing must be published 14 days in advance of the hearing date. I will arrange to have the notice published once you let me know when the hearing will occur. Assuming that volume cap is received, we will then proceed to prepare final bond documents. As you may know, assuming that volume cap is received, the bonds must be issued by November 16 of this year or the allocation will expire. · · · · · Would you please contact me once you have received this letter and the enclosed materials so that I may better understand the procedures going forward, Very truly yours, /lJ1- Mark E. Raymond · ~ / MERJams cc: Bill Leedy Robert Freeman Julia Shewchuk John Herring 4 '-' "'WI 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. · A-I Roof Trusses, Ltd., Company 1415 South Federal Highway Boynton Beach, FL 33425 561-509-6000 A-I Roof Trusses, Ltd., Company is a Sub Chapter S Corporation John R. Herring, President and CEO, 100% Shareholder · · Principle Officers: Kenneth Bucek - Vice President / General Manager Philip G. Weikert, CPA - Controller and Secretary/Treasurer Tobias Buchanan - Assistant Vice President / Sales Manager · 2. Specific amount in U.S. dollars requested to be raised by the issuance of IDRBs. · f $4,100,000.00 3. A statement describing the applicant, its history, and its operations. A-I Roof Trusses has served the Southeastern United States since 1977. , The primary marketing area has been South Florida and the Caribbean. John R, Herring was one of the original owners of A-I and now has a 100% equity interest in the corporation. In June 1998, A-I acquired Gulfstream Lumber's truss division located in Boynton Beach Florida. A-l's main manufacturing facility is now located at the Boynton site with an 4 additional production facility for the steel truss division located in Port St. Lucie, Florida. 4. A statement describing the sources and uses of funds for the project, as follows: (A) Sources of funds · IDRB proceeds: $4,100,000 · Equity (cash. letter of credit. etc.) i. Bond Proceeds: $2,800,000 supported by a letter of credit. ii. Bond Proceeds: $1,300,000 supported by manufacturing equipment. · Other (fixed assets, etc.) FWSERS\PWEIKER1\J\ONDSlBONDAP PLICA 1l0NOB _ 20DOC '-' -..I 1. 19 Acres of real property (plant site) valued at $ 420,000. 11. Manufacturing Equipment, currently owned by A-I, valued at $500,000. (B) Uses of funds · (i) Land acquisition, including location and size N/A (ii) Building construction, including type and size · t Building construction and site improvements valued at $2,800,000, 99,900SF (See Attachment) (iii) Equipment, listed by type and cost Equipment valued at $1,300,000, (See Attachment) · (iv) Other costs: itemized N/A · · 5. A statement indicating the applicant's estimate of its financial performance as a result of new investment made possible by IDRBs. The new manufacturing facility will be a state of the art wood truss manufacturing facility, , which will increase production capacity and generate labor and material efficiencies. These improvements in the production process will enable A-I to increase its marketing area and customer base to cover all the major population centers of the State of Florida. A-I sales volume is expected to double as a result of the new facility, Profitability and margins will be increased by labor and production efficiencies. 4 6. A statement indicating the proposed security for and guarantors of the bonds. The construction portion of the bond issue ($2.8 million) is supported by a Letter of Credit; the security for the Letter of Credit is a First Mortgage on the real property and all related improvements (the plant site). The equipment portion of the bond issue ($1.3 million) is supported by a First Lien on the Manufacturing Equipment to be acquired with the bond proceeds. Each series of bonds will be personally guaranteed by John R, Herring. 7, A statement describing the proposed method of selling the bonds. The construction portion of the bonds ($2.8 million) will be marketed by SouthTrust Securities, Inc. who will serve as remarketing agent and underwriter for this portion of the FWSERS\PWEIIŒR1\BONDS\BONDAPPLlCA 1l0N08 _ 20. DOC '-'" ....,¡ transaction. The equipment portion of the bonds ($1.3 million) will be a private placement with The CIT Group/Equipment Financing, Inc. . 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. · · Because A-I Roof Trusses, Ltd., Company is 100% owned by John R. Herring, audited financial statements are not obtained. As part of the credit agreement for this bond issue, reviewed financial statements will be initially required followed by audited statements commencing for 2003. Internally prepared financial statements for the preceding three years are attached, t 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. · N/A 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. N/A 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. A-I projects that 150 new jobs will be created in St Lucie County within a two-year period, These jobs will include professional management positions, administrative office staff, engineering and technical positions, skilled manufacturing labor positions, skilled mechanical shop personnel, and supervisory positions at all levels. The approximate annual wage impact is estimated to be $5,000,000. This wage impact will be magnified many times in the local economy, as employees obtain goods and services in the local market. There will be a significant economic impact on St Lucie County through the ongoing purchase of supplies, services, fuel, vehicles, office equipment and supplies. F,IUSERS',l'WElKER'J\JJONDS\BONDAPPLlCA 110N08 _ 2a.DOC ~ ~ 12. A statement describing the zoning, land use, and other laws, ordinances, rules, and regulations affecting development of the project. The 19-acre manufacturing plant site is located in an industrial park adjacent to the St. Lucie County International Airport. The property is zoned IL (Light Industrial). St. Lucie County has approved an acceptable site plan. The property is on the south side of St. Lucie Boulevard, 650 feet west of Sapp Road and 200 yards west of the entrance to St. Lucie County International Airport. 13. A statement indicating the availability or method of providing water, sewer, and other necessary services for the project. Water and sewer services already exist on the site. A complete engineered system has been developed according to county and state codes. 14. A statement describing the effect of the project on the local community, and in particular the environmental impact of the project. The truss manufacturing plant will provide permanent, stable employment of a minimum of 150 employees, within two years, The truss manufacturing operation will be a clean industrial business. The manufacturing of roof trusses is environmentally mendly, causing no pollution and creating no waste byproducts. 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 industria I development revenue bonds; (b) that I have reviewed the Guidelines and Procedures for the Issuance ofIndustrial Development Revenue Bonds in St. Lucie County and have determined that this application and the project contemplated hereby meet 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 A-I Roof Trusses Ltd., Company ( i i Ji'.--/eÞtAM t B¿ F,\USERSlPWElKER1\BOND~ONDAPPUCA llONOB _ 20,DOC ~ A-I Roof Trusses Limited, Company Summary Balance Sheet December 31,2000 December 31, 2000 Cash and Cash Equivalents $ 133.849 AccoWlts Receivable, net 1,274,635 Other Receivables 56.590 Raw Materials 317.347 Work in Process 158,617 Finished Goods 82,118 Total Inventory 558,082 Other Current Assets 3.833 Total Current Assets 2.026.989 Property and Equipment. net 742,951 Other Assets 14.784 Total Assets $ 2,784.724 Trade AccoWlts Payable $ 386.053 Accrued Compensation 58,458 Accrued Taxes 47,953 Other Accrued Liabilities 5.352 Customer Deposits 39.885 Current Portion Installment Notes 116.213 Line of Credit - Merrill Lynch 879.210 Total Current Liabilities 1.533.124 Installment Notes Payable 167.423 Loans and Interest Payable to Shareholder 526.161 Total Liabilities 2.226.708 Capital Stock 7.214 Additional Paid In Capital 31.237 Retained Earnings (154.017) Shareholders Equity (115,566) Current Year Income 673,582 Total Liabilities and Shareholders Equity $ 2.784,724 3/15/0 I ...." ......... A-I ROOF ~æ;TRU55E!i A FLORIDA CORPORATION . 4 . , A-I Roof Trusses Limited, Compa~ Operating Statement Actual Year Ended 2000 "w!I ~ A-1 ROOF ~ ææ TRUSSES A FLORIDA CORPORATION Actual f 2000 Total Revenue $ 12,861.751 Cost of Goods Sold: Material 5.385,733 % of Sales 41.87% · Labor 2.866.465 % of Sales 22,29% Other Manufacturing Costs 1.192.000 % of Sales 9.27% Total Cost of Goods Sold 9,444.198 Gross Margin 3,417.553 · Gross Margin Percentage 26,57% Operating Expenses: Selling 490,171 Administrative 1,010,054 · Engineering 764.796 Total Operating Expenses 2,265,021 · 17.61% Net Income from Operations 1,152.532 % of Sales 8.96% Other Income (Expense): Dividend & Interest Income 13.053 Interest Expense (151,503) Net Income before Tax Withdrawal 1,014,082 Withdrawal for Shareholder Income Tax 330.000 Net Income before Extraordinary Income and Non-Related Business Activities 684,082 Non-Related Business Activities (10,500) Net Income $ 673,582 3/15/01 '-" ""'" A-I Roof Trusses Limited, Company Statement of Cash Flows Year Ended December 31.2000 -= ~ A-I ROOF ~ ææTHU55E5 A FLORIDA CORPORATION f Year Ended 12/31/2000 Net Income before Extraordinary/Non-Business Items Non Business Expense $ 684.082 10,500 673,582 f Net Income after Extraordinary/Non-Business Items Items not Requiring Cash Outlays Depreciation Provision for Bad Debts 202,663 60,000 Other changes wIúch provided (used) Cash Accounts Receivable Other Receivables Inventories Other Current Assets Other Assets Accounts Payable Accrued Compensation Accrued Taxes Other Accrued Liabilities 101.694 (51,241) (109,328) 10,405 1.147 (512,481) (56,430) (I 5,789) (21,470) . I I Net Cash Provided by Operating Activities 282.752 Cash Flow for Investing Activities Payments for MachineI)' and Equipment (37.358) Net Cash used in Investing Activities (37,358) Cash Flow for Financing Activities Principal Payment on Installment Notes Net activity on LOC Proceeds from Shareholder Loans Net activity in Shareholder Loans (114.417) 39,264 (47.221) Net Cash provided by Financing Activities (122.374) Other Cash Flow Activity Loss on Abandonment/Sale of Fixed Assets Distributions to Shareholder Distributions to Shareholder for Taxes 1.284 (4.000) (370.186) (372.902) (249,882) 383,731 $ 133.849 Net Cash provided by Other Activities Net Change in Cash Cash Balance - Beginning of Period Cash Balance - End of Period 3/1 5/01 '\.,; A-I Roof Truss Companies Summary Balance Sheet December 31,1999 ...., ~ A-I ROOF ~ == TRU!i!iE!i 12/31/99 Cash and Cash Equivalents $ 383,731 Accounts Receivable, net 1,462,306 Other Receivables 5,349 Raw Materials 320,051 Work in Process 100,396 Finished Goods 28,308 Total Inventory 448,755 Other Current Assets 14,238 Total Current Assets 2,314,379 Property and Equipment, net 858,755 Other Assets 15,932 Total Assets $ 3,189,066 A. Ft.ORIOA CORPORATION Trade Accounts Payable $ 897,981 t Accrued Compensation 114,888 . Accrued Taxes 63,742 Other Accrued Liabilities 26,821 Customer Deposits 65,862 Line of Credit - Merrill Lynch 840,501 Total Current Liabilities 2,009,795 Installment Notes Payable 347,268 Loans and Interest Payable to Shareholder 573,383 Capital Stock 7,214 Additional Paid In Capital 31,237 Distributions to Shareholder (365,534) Retained Earnings (108,280) Shareholders Equity (435,363) Net Income 693,983 Total Liabilities and Shareholders Equity $ 3,189,066 3/02/01 A-I Roof Trusses Limited, Co~any Operating Statement Actual Year Ended 1999 -..J ~ A-1 ROOF ~-TRU§§E§ A FLORIDA CORPORATION · Actual 1999 Total Revenue $ 10,175,673 · Cost of Goods Sold: · Material 5,053,977 % afSales 49.67% Labor 2,358,436 % afSales 23.18% Other Manufacturing Costs 985,225 % afSales 9.68% f Total Cost of Goods Sold 8,397,638 Gross Margin 1,778,035 Gross Margin Percentage 17.47% · Operating Expenses: Selling 431,174 , Administrative 1,067,402 Engineering 610,478 Total Operating Expenses 2,109,054 20.73% Net Income from Operations (331,019) · % afSales -3.25% Other Income (Expense): Dividend & Interest Income 10,315 Interest Expense (137,075) Net Income before Extraordinary Items (457,779) Extraordinary Items Eminent Domain Proceeds 1,350,000 Other Expenses (198,238) Net Income $ 693,983 3102/01 '-" A-I Roof Truss Companies Summary Balance Sheet December 31,1998 "'" ~-A.-1 ROOF """"""" = TRUSSES A FLORIDA CORPORATION 4 12/31/98 f Cash and Cash Equivalents $ 44,856 Accounts Receivable, net 1,281,226 4 Other Receivables 27,761 Raw Materials 281,874 · Work in Process 107,816 Finished Goods 138,418 Total Inventory 528,108 f Other Current Assets 32,075 Total Current Assets 1,914,026 · Property and Equipment, net 830,788 Other Assets 90,826 Total Assets $ 2,835,640 · Trade Accounts Payable $ 1,159,064 · Accrued Compensation 108,229 Accrued Taxes 57,443 Other Accrued Liabilities 17,534 Customer Deposits 56,320 I Line of Credit - Merrill Lynch 369,088 Total Current Liabilities 1,767,678 · Installment Notes Payable 568,009 Loans and Interest Payable to Shareholder 569,781 Capital Stock 7,214 Additional Paid In Capital 31,237 Distributions to Shareholder Retained Earnings (379,181) Shareholders Equity (340,730) Net Income 270,902 Total Liabilities and Shareholders Equity $ 2,835,640 3/02/01 A-I Roof Trusses Limited, Co~any Operating Statement Actual Year Ended 1998 .",.¡ ~ -= A-I ROOF ~-TRU§§E§ A FLORIDA CORPORATION Actual , 1998 Total Revenue $ 9,466,256 I Cost of Goods Sold: I Material 4,590,063 . % of Sales 48,49% Labor 2,013,899 i % of Sales 21.27% Other Manufacturing Costs 774,214 I % of Sales 8.18% f Total Cost of Goods Sold 7,378,176 1 Gross Margin 2,088,080 Gross Margin Percentage 22.06% · Operating Expenses: , Selling 359,435 · Administrative 844,448 Engineering 523,949 I Total Operating Expenses 1,727,832 18.25% I Net Income ITom Operations 360,248 · % o/Sales 3.81% Other Income (Expense): Dividend & Interest Income 40,234 . Interest Expense (106,192) Net Income before Extraordinary Items 294,290 Extraordinary Items Other Expenses (23,388) Net Income $ 270,902 3102/0 I '-" RESOLUTION NO. ....,¡ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FINDINGS; PROVIDING PRELIMINARY AUTHORIZATION FOR THE FINANCING OF A ROOF TRUSS MANUFACTURING FACILITY LOCATED IN ST. LUCIE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE' AND , FOR OTHER PURPOSES. ~ IT IS HEREBY ASCERTAINED, DETERMINED, DECLARED AND FOUND THAT: A. St. Lucie County, Florida, (the "County"), a county and political subdivision of the State of Florida (the "State") by and through its County Commission (the "Commission") is authorized by the Florida Industrial Development Financing Act, Part II of Chapter 159, Florida Statutes, and other applicable provisions ofIaw (the "Act"), to issue its industrial development revenue bonds and to use the proceeds thereof to facilitate the financing of certain facilities provided for in the Act. . f B. A-I Roof Trusses Ltd., Company (the "Borrower") desires to construct and equip a roof truss manufacturing facility to be located on the south side of St. Lucie Boulevard (Airport Road) approximately 200 yards west of the entrance to St. Lucie IntemationaI Airport (the "Project"), · C C. The Borrower has requested that the Commission provide preliminary approval of the issuance ofthe County's industrial development revenue bonds (the "Bonds") pursuant to the Act in an aggregate principal amount not to exceed $4,100,000 to finance a portion of the cost of the Project, including reimbursement of prior expenditures of the Borrower incurred for such purpose. 4 D. A determination by the County to issue the Bonds under the Act and to loan the proceeds thereof to the Borrower to finance a portion of the cost of the Project, under an agreement (the "Financing Agreement") which will provide that payments thereunder shalI be at least sufficient to pay the principal of, premium, if any, and interest on the Bonds as and when the same shall be due and payable, together with such other costs in connection therewith as may be incurred by the County, will assist the Borrower in the implementation of the Project, · · E. The Bonds shall not constitute an indebtedness of the County within the meaning of any constitutional or statutory limitation of indebtedness, and the full faith and credit and taxing power of the County will not be pledged to repayment of the Bonds, and the Bonds shaH be payable solely from payments by or on behalf of the Borrower pursuant to the Financing Agreement, and no bondholder or other person shall have any right, power or authority to require the County to exercise its taxing power to pay the Bonds or to pay the Bonds from any sources other than payments pledged to the Bonds under the Financing Agreement. F, A public hearing concerning the Bonds and the Project has been held by the Board on the date hereof foHowing required notice. . G. Pursuant to the requirements of the InternaI Revenue Code of 1986 and the laws of the State of Florida it is necessary to apply to the State Division of Bond Finance for an allocation ofthe private activity bond volume cap. H. It is intended ~t this Resolution shall constitute app~al by the Board towards the issuance of the Bonds within the meaning of Section I 47(t) of the Internal Revenue Code of 1986, NOW, THEREFORE, THE COUNTY COMMISSION OF ST. LUCIE COUNTY , FLORIDA, HEREBY RESOL YES THAT: 1. Prior to the issuance of the Bonds, the Commission shall receive evidence satisfactory to it that the Borrower is financially responsible and fully capable of and willing to fulfill any obligations which the Borrower may incur in connection with the financing of the Project as contemplated by this Resolution. · 2. The Board hereby approves the issuance of the Bonds soleIy for purposes of Section 147(t) of the Internal Revenue Code of 1986. 3. The County Administrator is authorized and directed to execute, for and on behalf of the County, State Division of Bond Finance Form BF -2006-0 in connection with the Bonds, in the form attached hereto, completed in any amount not in excess of$4,100,000. · f 4. This Resolution is intended to constitute a declaration of "official intent" within the meaning of Treasury ReguIation Section 1.150-2. · · 6. The issuance of the Bonds shall be subject to such other conditions as the County may establish subsequent to adoption of this Resolution, including but not limited to any requirement with regard to the method of sale of the Bonds or any requirement with regard to the financial feasibiIity of the Project. 4 7. This resolution shall take effect immediately upon adoption by the County Commission, · I I ~ After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward t Commissioner John D, Bruhn Commissioner CliffBames Chairman Paula A. Lewis PASSED AND DULY ADOPTED this _ day of , 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN DEPUTY CLERK G:\OI338\llInducc.wpd 2 1 ...... .....,¡ AGENDA REQUEST ITEM NO. C-5A DATE: Sept. 18,2001 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] ~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: OMB PRESENTED BY: Marie Gouin Pine Hollow Street Lighting District· Budget The MSBU Coordinator has informed the OMB office that the Pine Hollow Lighting Street District project has progressed to the point where an initial budget can be established. The special services to be provided in the district are traditional luminaires, necessary poles and underground cable installed by lease agreement with the Florida Power and Light Company. The annual cost of service which includes energy, maintenance and relamping will be financed by the levy of special assessments on all taxable real property in the district on a per lot basis. . f See attached Budget Resolution No. 01-209 April 4, 2000 - The Board granted permission to hold a public hearing, July 18, 2000 - The Board approved Resolution 00-085 providing for the creation and establishment of a Special Street Lighting Improvement District in Pine Hollow Subdivision. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution No. 01-209 establishing the budget for the Pine Hollow Street Lighting District I project. COMMISSION ACTION: E: ~] APPROVED [] DENIED [ ] OTHER: Ct., County Attorney: X k<! Coord! nation/S iq natures Management & Budget: ~ Purchasing: Public Works: X It ( Finance: (Check for Copy only, if applicable) X- -' - MSBU Coord: X ... " '-" RESOLUTION NO. 01-209 '-' WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have in the form of special assessments within the Pine Hollow Street Lighting District. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. ~ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida. in meeting assembled this 18th day of September. 2001, pursuant to Section 129.06 (d), Florida Statutes. such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is hereby amended as follows: 4 . REVENUES 127 -0000-363100-000 4 Special Assessments $ 8,400.00 APPROPRIATIONS 127 -1300-549100-100 127-1300-549110-100 127-4110-543000-400 127-9910-599300-800 Comm & Fees/Tax Collector General & Administrative Charges Utilities Reserves Total Appropriations $ 168.00 $ 80.00 $ 7,742.00 $ 410.00 $ 8,400.00 j After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Paula A. Lewis XXX f ATTEST: PASSED AND DULY ADOPTED THIS 18th DAY OF SEPTEMBER, 2001. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '" '-' AGENDA REOUEST """" ITEM NO. C-SB DATE: Sept. 18,2001 REGULAR PUBLIC HEARING [ TO: BOARD OF COUNTY COMMISSIONERS CONSENT [X ] SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Performance Contract Financing RFPs BACKGROUND: Bill Leedy, of William R. Hough & Company, acting as the County Financial Advisor solicited Requests for Proposals from various financial institutions for the financing of energy-saving modifications relating to the proposed Performance Contract. The estimated cost of the required modifications is $3.4 million. The county intends to borrow this amount and repay the loan over a period of 10 years using the savings resulting from making the energy-saving modifications. After reviewing the proposals, Mr. Leedy recommends, and staff agrees, that the board should accept the contract offered by First Union of Deerfield Beach, FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board accept the contract with First Union and authorize staff to proceed with executing the commitment. COMMISSION ACTION: ?r Doug Anderson County Administrator [x] APPROVED [] DENIED [ ] OTHER: Coordinati onlS i gnatures County Attorney: XX~ f' Df'" Management & Budget: x~ Purchasing: Orig Dept: Central Services: XX Finance: (Check for Copy only, if applicable) ~ u:'BUDGET\WP\AGE~DA'S\AgendaOl\09'18 PerfContr RFPs,wpd U~i~'¡U~ 11:~~ '0'1 40i 422 5659 w~ R HOIGH ORL 141 002/ 011 '-' 'wi William R. Hou!h &. Co.~ Landmiilrk Cel'lter II. Suite 465 225 E. Robir,son Street Orlando, Florida 32801-4303 f September 10, 2001 Ms. Marie Gouin Management and Budge: Director 81. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Energy Performance Contracting Project Dear Marie: On Friday, September 7, 2001, St. Lucie County received responses to its Request For Proposals for ten-year tìnancing of the above-referenced project. The purpose of this bank loan will be to pay the cost of the acquisition and installation of new energy-saviIlg equipment in various County buildings. The loan will be secured by a covenant by the County to budget and appropriate annually the required debt servi.ce. The lowest and best bid appears to be from First Union National Bank, with a tìxed rate of 4.13%. The second-place bid was from Bank of America., at 4.225%. The results of the bids are enclosed on the attachment. We recommend approval of the bid submitted by First Union National Bank. Please call if you have any questions or need additional i.nformation. Sincerely, 'WILLIAMR. HOUGH & CO. Bd€~ Loomis C, Leedy, III First Vice President LCL :mkr \NVESTMENTS SINCr: '962 /-A,':MBER NI.1SD i !=;}f-!C "'Q.' .L"-! Vl. J.J.;,,, 'O'L 4U7 4~~ ~ij~B ~M R HOl~GH - ORL ¡g¡ UUJi 011 ~ "'wI $3,010,595.36 ST. LUCIE COUNTY, FLORIDA Bank Financing for Proposed Energy Performance Contracting Project Results ofRFP on 9/7/2001 Proposed Closing! Institution Interest Rate Legal Costs Terms & Conditions Bank of America 4.225% $2,000 Subject to prepayment penalty only if rates are lower at time of prepayment. First Union 4,13% $2,500 Subject to prepayment penalty National Bank only if rates are Iower at time of prepayment, SunTrust Bank 4.56% Waived Subject to prepayment penalty only if rates are lower at time of prepayment. ,- ......'-, ~-'I ~'U"-JJ. J.....J.~~ it'< l::JHNKj- AMERICA 561 838 2397 TO 91~614622117 P.01/02 '-' ...", Bank of America ~ ~ September 7, 2001 Bank of America Commercial 6ankin(; Di.isien 625 North Flagler Drive. 10th F1oo~ WR5t Palm Beach, FL 33401 Ms. Marie Gouin Management and Budget Manager 2300 Virginia Avenue Fen Pierce, Florida 34982-5652 VIA FACSIMILE: 561-~2-21l7 R¡:: 53,400,000 St. LucIe County Ene'i)' Performanee Contract Dear Ms. Gouin: We are p¡ea.~ed to hAve the opportunity to provide you a commitment which sets forth the genemllerms and conditions under which Bank of America, N.A. (the "Bank") will provide financing to St. Lucie COUTlty (the "'Borrower"). Contact Tnformation: Bank of America Phone: 561-838-2252 Fax: 561-838-2325 625 North Fla¡ler Drive, 1011> Floor West Palm Beach, Florida 33401 Cootact P¡:r50n: Vanessa CivaJero, Vice President Borrower: St. Lucie County, Florida. Loan: Vl'to $3,400,000 Tenn Loan Purpose: To provide financing for energy-savings equipment to be installed by TECO. Term: The Loan will mature on October 1. 2012, assuming a Loan closing date of October 1. 2001. Repayment: Initial interest payment on April 1, 2003. to represent an 18 month interest payment. Semi-annual intmst payments on October 1 and Aprill of each year thereafter with annual principal payments commencin8 On October I. 2003, based on a 10 year amortization, Prepavment Penaltvt Borrower may prepay all or any portion of the Loan at any time. provided; however, that On the date of prepayment, if interest rates for like inscruments of like term, are Jower than the fixed rate On that particular note, the Borrower wili pay 10 the Bank an amount equal to the present vaJue of the difference between Ibe two rates over the life of the loan. Interest Rate: A tn-free, Bank Qualified fixed interest r;ue equal 10 67.5% of'the 1 0 Year US Swap Ask Rate as quoted on Bloomberg plu~ 44 basis points for the life ofChe Loan (on a 301360 basis). Rare to be fixed at closing. If'this Loan c10sed today. the ~te would be 4,22'%, Security: USA ~ Covenant by St. Lucie County to budget and appropriate all the ·. -. --........ .Io....".o;.¡,:;;, ,I"'\. ..cHI'it\. Ur Hf11=.H1CH 561 ~38 ¿3~7 ïO ~156146¿¿117 P.02/02 '-" '-' necessæy iUU1\IIÙ principal and interest payments, Terms: 1.) The CoUöty wil1 provide a. copy of its General Purpose Financial Statement]¡ 013 an annual ~is, within 210 days of Its completion, 2,) Borrower's counsel shall provide Bank with an Opinion leuer as to the taX.exempt Slatus of this Loan. 3,) The ~-exempt rates as quoted herein rake into consideration the Minimum Corporate Income Tax Rate of3S%. Should there be a change in the Minimum Corporate Tax Rate, the Bank shan reserve the right to adjust the interest rate in order to maintain the ~áII1e after tax yield. . 4.) The Bank shall a.]so have the right to adjust the we-ex.empt interest rate in order to maintain the same after faX yield if any amendments to existing law are enacted which would adversely affect the B2I/Jk's after tax yield including any "detennination of taxability" as will be defined in the Loan documents. CIO$inl! Costs: Tbe Borrower wìJl pay all closing costs including, but not limited to, the Bank's reuonable attorney's fees. which will not exceed 52,000. Duality of Documents: Each document and item required to be submjtted to Bank of America Pursuant to the Commitment shall be satisfactory in fonn and substance to Bank, Funher, the Borrower agrees to execute at the closing all documents deemed necessary by Bank's attpmcy. Authorization: The Borrower will prOvide at closÎn,. customlUy repres¢ntations and wan-anties, including but not limited to its power to borrow, the Board actions to authorize these borrowings, the enforceability of all Loan documents. its good standing under Florida law, and that there has been no materia! adverse elumge in its financial condition since the last statement presented to the Bank. If acoeptable, this Commitment should be executed by an authorized representative in the space provided for below. This Commitment to lend will expire if not accepted by September 21,2001. On behalf of Bank of America, I 'am p!eMed to once again ha.ve the opportunity to make a proposal to St. Lucie COUDty, Flcrida. Sincerely, ~~ Vanessa Civalero Vice President Commitment :accepted this_day of September 200 1 St. L¡¡çie County, Florida By: Its: 2 "'* TOTAL PAGE.02 ** . . ~- -._-~.-.._......... ""'"uv.&. =I.'I,II\.~ '-' . FACSIMILE TRANSMITTAL To: IiÎS. /rÎM/6' / . /ì1. q OUIIl) Fax#: ';f, ZÎ// ¿~~'i S{¡? /-~~2- 2//7 I/o 7 /'/' - 7''22 -$ ~c RE: /? - LJ I / IT F,;- ;f'FS /,Ol!.l-S E NOTES: 1D'5613383858 PAGE 1/7 N- Gove.....Lnt Services . Date: q /7 /0 I Pages: 7 (fud. Cover Page) . From the desk of... J~nnif'er Vest Underwriter Assistant Vice President 1950 w. HiIIsboro Boulevard FL 6005 DeertieId Beach, Florida 33442 (954) 596-6903 Fax: (954) 596-6908 ~¡;;'''-~~-'''l 1~1 10 ~~UM:rUN~ ~OVI BNKG ID'5613363858 PAGE 2/7 ~ .:. . - -' ",;'. '~.:...., 0': ;-LòüU5 Government B~g 1950 Hillsboro Boulevard 2nd Floor Deerfield Beach, Florida 33442 954 596-6900 .....,¡ F~N' September 7,2001 ~ Ms. Marie Gouin Management and BOdget Manager St. Lucie County 2300 Virginia Avenoe Fort Pierce, Florida 34982-5652 , . Dear Ms. Gouin: First Union National Bank (the "Bank") is pleased to submit the Commitment described below to St. Lucie County (the "County~) subject to the fOHowing terms and cOnditions: t . Borrower: St. Lucie County, Florida t J Amount: $3AOO,000.OO Facility: Term Loan Purpose: To provide financing for the replacement of a variety of equipment with new energy-saving eqUipment. The agreement with TECO/BGA, Inc. includes the replacement of bulbs, control devices, chillers, motors, time clocks and air handling units. Term: Ten years. Interest payments will be payable semi-annually commencing April 1, 2003 and each April 1 $l and October 1 $t thereafter. Principal payments will be payable annually commencing October 1, 2003 and each October 1st thereafter. All Principal and Intefest will be due and payable at final maturity on October 1, 2012. Interest on the outstanding balance of the loan will be c2!llculeted on a 30/360 day basis. Security: The Loan will be secured by a Covenant to Budget and Appropriate from legaI!y available Non Ad Valorem Revenues. XSTLUCI2,DOC ~~t"'-1O-(-~1 lJ'l~ FROM,FUNB GOVT BNKG ID'5613383858 PAGE 3/7 '-" "wi Interest Rate: Bank Qualified Tax Exempt Obligation fixed Rate: 4.13% "This rata will be held until 4PM September 7, 2001. Upon notification prior to 4PM September 7, 2001 that FUNS is the low bidder the rate will be herd until Closing. ~ Prepayment: Should the County prepay during the life of the loan, the County may incur a breakage fee as outlined in Exhibit A. · Conditions 1. · The County, by official action, shall approve entering into this commitment and the loan facility described herein; and shall cause any borrowing under this facility to be designated as a "Qualified Obligation" pursuant to Section 265(bH3)(Bì Internal Revenue Code of 1986, as amended. · Should subsequent but currently unforeseen eVents cause any borrowing under this facility to be determined to be a "non-qualífied~ obligation pursuant to Section 265(bH3}(B}, Internal Revenue Code of 1986, as amended, the Bank shall adjust the interest rate on any outstandings hereunder so that it shall receive the same after tax yield equivalent contemplated as of the time of this commitment. t 2. In the ever'lt that the interest on any drawing under this Commitment is ever determined to be taxable for purposes of federal or state income taxation, or in the event that any or all of the interest On any drawing under this Commitment is deemed to be included in the gross income of the BanI< for federal or state income taxation, or in the event the Bank is unable to deduct any other amoUnts as a result of purchasing or carrying any borrowings resultant from the Commitment, or in the event of a change in the marginal tax rate applicable to corporations or the alternative minimum tax rate or in the method prescribed by federal income tax laws for calculating the alternative minimum tax to which the Bank may be subject, or in the event of any action which would otherwise decrease the after tax or taxable equivalent yield to the Bank, the interest on this Commitment shall be subject to a fun gross up modification, as determined by the Bank and its counsel. In no event, however, shaH the interest rate On this Commitment exceed the maximum rate permitted by law. t 3. All legally available Non-Ad Valorem Revenues shall mean all revenues of the County derived from any source whatsoever, other than Ad Valorem taxation on real and persona! property, which are legally available to make the loan repayments required under this proposal, but only after provision has been xsnUCI2.DOC 2 6. J. u' ~t;;:.I. ~ ..;H::;~:::3 bb FAGE 4/7 '-" '....I made by County the for payment of services and programs which are for essential pUblic purpose affecting the health welfare and safety of the jnhabitants of the County or which are legally mandated by applicable law. 4. The average of the prior two years legally available Non Ad Valorem Revenues, as defined above, must COver existing and projected annuar debt service on debt seCured by and/or payable from such Revenues by at least 1.5x. The County will certify its compliance with this requirement annually, s. legal opinions relating to this facility shall be prepared by Bond Counsel listed in "The Bond BUyer's MuniCipal Marketplace", (Red Book), and shall be in such form and content as are acceptable to the Bank and its counsel. Should the County choose Rogers, Towers, Bailey, Jones, & Gay P.A. the Bank will not require any additional counsel and fees shall not exceed $4,000_ Should the County not choose Rogers, Towers, Bailey, Jones, & Gay P,A. as counsel, Bank counsel fees shaH not exceed $2,500. All costs relating to the preparation of documents and to otherwise complete this transaction shall be paid for by the County. Documents shaH be available for review at least 5 business days prior to Closing. . . On an ongoing basis, the County agrees that it shall deliver to the Bank, when available, Or within 180 days of each fiscal year end, which eVer is sooner, Annual Financial Statements or Comprehensive Annual Financial Report if available, a Current Year Operating Budget and a Capital Improvement Plan and Compliance Certification. ~ 7 - This Commitment shall remain in full force and effect through 3:00 p.m., local time, September 18, 2001, at which time, if not aCCepted by execution of the aCCeptance clause below and mailed to the Bank at its 1950 Hillsboro Blvd., Deerfield Beach, FL 33442 , office to my attention, this Commitment shall expire and shall not be enforceable by either the Bank or the County unless extended by the Bank in writing. Unless extended by the Bank in writing, this facility must close on or prior to October 1, 2001 after which this commitment shall expire. 8. If the Bank chooses to waive any covenant, paragraph, or provision of this Commitment, or if any covenant, paragraph, or provision of this Commitment is construed by a court of competent jurisdiction to be invalid, it shall not affect the applicability, validity or enforceability of the remaining covenants, paragraphs or provisions. 9. The preceding terms and conditIons are not exhaustive. Any final commitment may include other covenants, terms and closing conditions as are customarily required by the Bank for similar transactions including but not limited to a cross default with like secured debt, default rate, events of XSTLUCT2,DOC ~ :> ::U:.t"'-",-r-IO .1 .l:..:s = 1~ rt(UM: t--UNt:I \ìUVl I:INK.... ID,5,,1;33"'38,,'" PAGE :,/7 . . "'" .....; default and acceleration upon default. This Commitment Letter shall not survive closing. 10. The County represents and agrees that all information provided to the Bank is correct and complete. No material adverse change may occur in, nor may any adverse circumstance be discovered as to, the financial condition of the County prior to closing. The Bank's obligations under this Commitment are conditioned on the fulfillment to the Bank's sole satisfaction of each term and condition referenced by this Commitment. 11 . This Commitment supersedes all prior Commitments and proposals with respect to this transaction, whether written or oral, inCluding any previous !oan proposals made by the Bank or anyone acting within its authorization. No modification shall be valid unless in writing and signed by an authorized Officer of the Bank. This Commitment is not assignable and no entity other than the County shall be entitled to rely On this Commitment. . First Union National Bank appreciates the opportunity to submit this Commitment to you and looks forward to your favOrable respoose. Should you have any questions, please do not hesitate to Contact me at (954} 596-6901. . Best Regards, ~ ~T UNIO~ NATIONAL BANK I 1;7, _ ¡J Øtt-0t1 PitfVincent Vice President Cc: Mr. Bill Leedy ACCEPTANCE The above Commitment is hereby accepted on the terms and conditions outlined therein by authority of the Governing Board of the County: By: Date: Its: XSTLUCI2.DOC 4 ~;';I-'-I<]·t-., L 1~,22 FROM,FUNB GOV. BNKG lD,S;:;133S39S9 FAGE 6/ ? ~ ,..." Exhibit A In addition to principal, interest and any other amounts due under this Note, Borrower shall on demand pay to Bank any n Breakage Fee" due hereunder for each Break Event. "Break Even'(" means any voluntary or mandatory prepayment or acceleration, in whole Or in part, of principal of this Note occurring prior to the date such principal woufd, but for that prepayment or acceleration, have become due ("Scheduled Due Date"). For each date On which a Break Event occurs ("Break Date"), a Breakage Fee shall be due onry if the rate under" A" below exceeds the rate under "Bn below ánd shall be determined as follows: Breakage Fee .., the Present Value of {(A-B)xC, + lfBOR Breakage, where: A= The rate per annum equal to the Sum of (i) the bOnd equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published source) on the date the Interest Rate of this Note was set ("Lock in Date"), .Qlus (ii) the corresponding swap spread of Bank On the Lock in Date for a fixed rate payor to pay Bank the fixed rate side of an interest rate swap of that maturity, ~ (iii) .25%. . B :: A rate per annum equal to the sum of (i) the bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published source) on the Break Date, ~ (ii) the corresponding swap Spread that Bank determines another swap dealer would quote to Bank on the Break Date for paying to Bank the fixed rate side of an interest rate swap of the maturity. C = The sum of the products of (i) each Affected Principal Amount tor each Affected Principal Period, times (ii) the number of days in that Affected Principal Period divided by 360 {if this Note uses the Actual/360 Computation} or the actual number of days in the year (if this Note uses the Actual/Actual Computation). "Affected Principal Amount" for an Affected Piincipal Period is the principal amount of this Note scheduled to be outstanding during that Affected Principal Period determined as of the relevant Break Date before giving effect to the Break Event on that Break Date, and for any prepayment, multiplying each such pdncipal amount times the Prepayment Fraction. "Affected Principal Períod" is each period from and including a Scheduled Due Date to but excluding the next succeeding Scheduled Due Date, provided that the first such period shaHbegin on and includes the Break Date. XSTLUCI2,DOC 5 ....... .. w ~ 4:;.....,. ... ""'......1..1 : r Ul.....t::5 \..:rUV J. t:SNKl;ii ID,5S13383S5S PAGE 7/7 ...... ....., "LlBOR Breakage" ;s ðny additional 10$s, cost or expense that Bank may incur with respect to any hedge for the fixed rate of this Note based on the difference between the London interbank offered rate (for U.S. dollar deposits of the relevant maturity) available in the London interbank market at the beginning of the interest period in which the Break Date occurs and that which is available in that market on the Break Date. . ftMaturity Dare" is the date On which the final payment of principal of this Note would, but for any Break Event, have become due. "Prepayment Fraction" is a fraction equal to the principal amount being prepaid Over the principal amount of this Note outstanding immediately prior to that prepayment on the Break Date. t "Present Value" is determined as of the Break Date using "s" above as the diScount rate. In addition, a Break Event shall be deemed to occur hereunder if, on any date ("Borrowing Date") after the date hereof but prior to any acceleration of this Note, any advance of principal under this Note is scheduled to be made and that advance fails to be made on that Borrowing Date (whether due to Borrower's default, Borrower's failure to borrow, the termination of any loan commitment, any unsatisfied condition precedent, or otherwise), in which case that Borrowing Date shall be a Break Date, the Affected Principal Amount for that Sreak Event shaU be based on the amount of the failed advance, and the Borrower shall on demand pay to the Bank any Breakage Fee due hereunder for that Break Event. t Brèakage Fees are payable as liquidated damages, are a reasonable pre-estimate of the losses, costs and expenses Bank would incur in the eVent of any prepayment or acceleration of this Note, are not a penalty, will not require claim for, or proof of, actual damages, and Bank's determination thereof shall be conclusive and binding in the absence of manifest error. For any Sreak Event hereunder, the foregoing Breakage Fee provisions supersede any breakage Compensation agreement that Borrower and Bank may have executed with respect to this Note, XSTLtiC!2,J;>OC 6 ·_--_.-~-~ ~ - _....-~- '::.ut\"Tru':;r L-tI;?!:,IIFj Gmµ()r:1t,j '-.., f':;t~n{;;;~ A'~"": T.Jw~r ~ ~_I ;,,1 :', ~.:;:. ~ -..... 2. :'.;;;,t¡ : -::, '.1("/...: ?-.c,.U:;.:"- - Marth<J $antcni A~~I~...an: Vlc~ Presidem ~\T ,'^' ¿',;,.,;'=',;C':\ -'--- --';------~ SlJNrRUST 4 :~,~.:;~\.e.rnh>.:r ,', ':2(1\) ~ , \L)\1J.;."i-: CTCUU~ '\ Lln~~;;~r:1(~c~ 2nd '3 ucl~~t Director ~~_, Li~CJC (~0unry ; ',"j"ì \"tfz:.n..;,J.. A'./(~:::.lle l"í,1¡"l Pl~rct, fL ~'::;'9S2-56S2 J RE: Proposal for LC3se-Poxch:l$e Financ:ing Contract . ~I:n T:' ist L"c;;1n:;; Coc?oratioTI. ("SLC') is pl¡:as~ to present to the Board or County Cmnr"i';.ioa,;;rc, of SL L.lcie C:Jù1îty, flori::'.a i~s proposal for eqwpment financing. [J:',ir \1.: (~rUl.l1T1 Ill.: : :"[ m~ and cün~]¡llons of our proposal ar~ ou.tliDed as below: JESSEE: Board Df County Ccmrn1ssiOJ1ers of SL Lucie County, Florida. L:ssee IS a state Qr politic<ll subdivision within the mean.in:; of Section l03(c) of the Internal Revenue Code of 19&6, as amended (the "Code"). I.FSSOR: Sur.Trust Le~ing Corporation, or its Assignee Tì: PF OF FINAJ\'CL'G: Master Lea.se: AgTeemrot. Said Agreement shall be a net k:lS';: arra:agr::mcnt wher~by Lessee is respo):'\sible for <.Ill costs of operatioD, ma.mteD2I1ce, iDsurance, md !axes. The Agreement shcll be bascd on the annuaJ appropriation of funds during each year of the lease term aJ.';.::i shall be substmtially tbe same as the sample document attached, ßA'\K QL'Al.JFICATlON: Lcsstè reasonably anticipates the lOW amount of taX- exempt obligatior-..5 (otl1er tha:c. private activity bands) to be issued by LesseE: during cal~dar year 2001 will net exc;çed œn million ($10,000,000,00) dollars, U~/H/U1 ll:'¡J '0'1 -10- ? ''','UUUl- ....,...... .......~ ... ._. _~.' ,.~~,~ 5659 ___ _ IV)! R HOlGH - ORL .--.---- - -- -- Board of County CoPJ1\...lone,s ofSt. Lucíe County, Florida Proposalfor EquipmentFínancing '-' Page 2014 EQUIPM'ENT TYPE: New Energy Sa.vings Equipment (soft costs not to exceed 35%) Al'\10UN'T FINANCED; $3,400,000 LEA.SE R4L TE: 4.56% PAYMENT STR'UCURE(S): Ten (10) payments of $430,914.08 paid annually commencing on October I, 2002 FL~A.NC1NG FEES I CLOSING COSTS: WAIVED ESCROW FUNDING: SLC bas assumed funding of an escrow account Îor this tramactio:o Equipment equipment expenses. on or about October 1, Acquisition Fund ",,'ill be vendors/contractors and 2003. used any The to pa.y escrow Escrow Agent will b¿ selected by Lessee subject to SLC's credit approval. SLC to review and approve escroW disb\1I'sem.ents prior to Escrow Agent disbursing of funds. It is assumed that all int~rest eam.ings -will ¡¡¡;;crue for benefit ofLe::;se.e. This proposal also does not take into consideration the a.pplication of any interest ea.rnings from the escrow fund. ofÙ1e account. .REIMBURSEMENT: If Lessee intends to be œimbwsed for any equipment cost associated with this Agre~ent, intent for reimbursement from the proceE:ds of this A:;p;eement ¡nust be e",idenc~, and must qu.aJjfy under the Treasury Regu1arion Section 1.150.2. INSURANCE: The Lessee shall ft,lI'Qish c:onfinnation of an risk physi~ damage msUrattC~ coverage for the fun cogt of the prop~ plus one million ($1,000,000.00) dollars combined ~mgle limit propeny damage and bodily injury insurance covering the property. SLC sh31J be named as loss payee and additional ÏtLStl!ed on such coverage. lfthe Lesscl: is self-insured, SLC will need to be provided with proof 0: sdf·insurancc:, which ::Deets snc's requirements. l4J 005/ 011 ~ . ¡ , 1 U'lJ/VU:ø,'/".LU~¡V..L..;~J...J...,;_V~ . U-.L "'VI ..~~ ;)Oùtt ... .... ~~.... ,,*Uf _"', ~(...... ---- \\)1 .K HI)L('li - l)fÜ. ~......~- _tgJ _U.U? ',U1_1 Board of County C01n\"t..ioners of Sr. Lude COlmt.y, £lorida Proposal for Equiprmnt Financing ......,; Page 3 of 4 AUTHORIZED SIGNORS~ The Lessee's govmúng board shall pravìd¡: SLC with its resolution or ordinance authorizing this Agr~ment and shall designzr.tl!: the indìv:idua!(s) to execute all necessary documents used thert::in., LEGAL OPINION: The Lessee's cou:asei shall furnish SLC with an opinion covering fuis transaction and me docume11ts used herein. This opinion shall be in a form and substance satisfactory to SLC, LEGAL TITLE: Title to the equipment will be Ìr1 the name of Lessee. DOCUMENTATION: Lessor's fonn oflease documentation ~i11 be used and will r~ain substantiaUy the same as the sample: document provided herein. If the Lessee is required to use their own foxm of documenta.tion, Lessee will bear all legal costs inc1iIT~d by L<::S50r in having the docu:men'tS reviewed and revised, if necessary, by Le"sor's counsel. f PROPOSAL E"'''PIRA'IIO~: This proposal must be accepted by September 18,2001, If acceptance: is received by dús date, the q1,l.oted Leas~ Rate! of choice will r,emaín fuced if funding takes place by October 1, 2001. if acceptance is not received b)' September 18, 2001, or fundÏJ1g does not take place by October 1, 2001, the Lease Rate and Lease Payment Amounts will be adjusted to market conditions three (3) days prior to funding, Once set, the Lease Rate will remain fixed for we: LeASe Tenn. FINANCIAL STATEMENTS: Lessee shall provide to Lessor three (3) years of current financiaJ statements, budgets, demogrs.pl1ics, and proof of a.ppropriation for the ensuing Fiscal Year and such other financial infor.trWÌon relating to the ability of Lessee: to contin\m this Agreement as may be reasonably requested by Lessor. VØ'-J.,,-iVJ. J.J..;-s-i ~Q..L -:l.Ut -i.i:-'= .,t).¡)~ OS/Oi/01 12:12 F~ 1 40ï 2Jï ðï04 II Jl rl I:1UL (,ti - UrtJ... SVNTRtTST -""----- Board of COU77.ty Co~Sic'lers of St. Lucie County, Florida """" Proposalfor Equipment Financing Page 4 014 This proposal is subject to [mal credit approval by the CreditlInvcsunc:nt Committee of SunTrust Bank and approval of the lease documents in SUI'lTrust Leasing Corpora.tion's sole discretion. To r~nder a credit decision, Lessee shall provide SLC with the infor:rnation requ~sted above a.nd the: performance bond contract from TECOIBGA. Upon receipt of the signe.d proposal, we will endeavor to provide you \>';th a timely commitmf:nt. It is a plearure to offcr this proposal to the County and we look forward to yow- favorable acknowledgment. Sinc~rely, -~ Martha Santoni Assistant Vice Presidenl AGREED TO AND ACCEPTED BY: (Name) (Tjt1e) (pate) lfl;OUT, Ud IØ OO;¡/QQ5 f t I , TO: SUBMITTED BY: SUBJECT: BACKGROUND: '-' AGENDA REOUEST ITEM NO. C-5C ...., DATE: Sept. 18, 2001 REGULAR PUBLIC HEARING [ CONSENT [X ] BOARD OF COUNTY COMMISSIONERS Management & Budget PRESENTED BY: Marie Gouin Tourist Development 4th-Cent Paydown . Revenue from the 4th-cent of the Tourist Development Tax has been higher than the debt service for which it was intended. As a result there is approximately $211,840 currently remaining in the fund. We are allowed to carry forward 10% of the annual debt service requirement or $25,296 without arbitrage penalty. FUNDS AVAILABLE: Funds wiII be made available in 262-9950-571100-800 Tourist Development 4th-Cent I & S Fund (Principal) I PREVIOUS ACTION: None RECOMMENDATION: Recommend the Board authorize staff to pay an additional $200,000 toward the principal of the loan by the end of this fiscal year in order to avoid any arbitrage penalty. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator Coordination/Signatures County Attorney: XX ~ ~() r-", Management & Budget: ~ Purchasing: Orig Dept: Centra,1 Services: Finance: (Check for Copy only. if applicable) ~ G:\BUDGET\WP'AGE~DA'SAgend<10I.o9'18 TD4 Prepay.wpd Diâ¡"êË3ernàrdo - Tourist Tax Notes Page 1 From: To: Subject: Diane Bemardo Gary Perdew Tourist Tax Notes We have a required debt service payment due 9/1/01 for $245,817. There is cash in the amount of $428,696 in fund 262, This balance represents tourist tax collections through 4/1/01 (which was received on July 10). I anticipate another $25,000 for the month of May to be received in August and probably another $25,000 for the month of June to be received in September. Presently the payoff amount on 9/1/01 for both notes would be approximately $491,806. IThere should be enough money to nearly payoff the entire balance due to SunTrust (for both notes) by year end. At a minimum,', would need to pay down an additional S200.000 on 9/1/01 so that we are not in an arbitrage position. Our year end balance should not exceed 10% of the annual debt service required for FY 02 (i.e., $25,296). Another suggestion would be to pay down the $200,000 at 9/1/01 and make another elected principal payment on September 27 to keep us below the 10% limit. Of course, if we receive more than $25,000 for the next two months, that is all the more reason to make a year-end lump payment. I suggest we apply the $200,000 (or more) first to payoff the balance on the $410,000 note (at variable interest rate of approximately 6.3%) and then apply the balance to the old note (which has an interest rate of 5.57%). Bill could be involved or you could run the revised amortization schedules on the Time Value software. \ a.V>\\'i)~ . . _ ~. .. u... The other issue remaining is whether the county wants to borrow on another note for FY 02 since the tourist tax expires on ~ If so, do you want to deal with Sun Trust directly or get Bill involved with a new note? If Bill is involved, the committee will need to make that decision soon so that a RFP could be sent to banks for bid. These are only suggestions by me. Let me know what you think. Thanks! cc: Christann M. Hartley ¡- ~,~( D I....UJK z C\)\d- It-Î ~t rrvzdv'j 1 ,.J h~v£ß 1- ~d " '-" "wi AGENDA REOUEST ITEM NO. C-5D DATE: September 18, 2001 REGULAR PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Early Redemption of Special Assessment Improvement Bonds, Series 1996 BACKGROUND: The attached letter from Mr. Leedy, Financial Advisor to the County indicates there are funds available in the Becker Road MSBU debt service fund which are excess to the debt service needs, Accordingly, Mr, Leedy recommends, and OMB staff concurs, that $ I 55,000 be used to redeem bonds scheduled to mature on November 1 st for the years 2010 through 2011. This action will reduce the interest cost of the issue to the property owners. In order to redeem the bonds on November 1, 200I, staff must notify the Paying Agents and depositories of the Board's intent in time to advertise the call by October 1, 200 I, FUNDS AVAILABLE: Funds will be made available in 235-9950-571000-800 Principal-Bonds (Becker Road MSBU Debt Service Fund) PREVIOUS ACTION: March I4, 2000 - The Board approved the early c~ll of $300,000 in bonds for this same issue. March 27, 2001 - The Board approved the early call of$280,000 in bonds for this same issue RECOMMENDATION: Staff recommends the Board approve the early redemption of the $1,860,000 S1. Lucie County, Florida, Special Assessment Improvement Bonds, Series I996 (Becker Road MSBU), at par, as recommended by Mr. Leedy and as outlined above. 2 Attachments: Mr. Leedy's letter dated September 12, 200I Proposed letter to U.S. Bank Corporate Trust Services G:' BUOGETI WPIAGENOA'S\AgendaO 1 \09' 1 S _Becker CaILwpd '..... '-" COMMISSION ACTION: rx] APPROVED [] DENIED [ ] OTHER: County Attorney: XX ~~ ~ Ofh Other: Public Works: 'will CE: CoordinationlS ignatures Management & Budget: ~ Purchasing: Finance: (Check for Copy only, if applicable) XX G:\BUDGET,WPIAGENDA'S\AgendaO 1 \09' 18 ~ Becker Call.wpd ....-v·.....'V.i. .i..1..-t-t -u-~ ~Vt ~~~ ~o~~ \\ji .tI. HUl;GH - ORL I4i 008/011 \ _fn~~~~r~~' LANDMARK CENTER II SUITE 46' 225 E. ROBINSON STREET ORLANDO, FLORIDA 32801 (401) 422-5161 FAX (407) 422-5659 "" September 12,2001 Ms. Marie Gouin Management and Budget Director St, Lucie COUl1ty 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: $1,860,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1996 (Becker Road MSBU) Dear Marie: The above-referenced special assessment bond issue is currently outstanding in the principal amount of $960,000. Based on information provided by the Finance Department, sinking fund monies available to pay debt service currently total $199,803,93, After payment of the November 1, 2001, interest payment, surplus fimds of approximately $168,712,68 will be available to redeem bonds, at par, on November 1, 2001. This is a conservative figure b~use it is also expected that additional assessments will be collected prior to November 1, 200 I, $199,803.93 -31.031.25 $168,772.68 -155.000.00 $13,772.68 Current sinking fund Less 11/1/01 interest payment Available to redeem bonds REdeem bonds 11/1/2001 Cash balance We recommend that $155,000 of this surplus be utilized to redeem bonds, at par, on November 1, 2001. This would include calling the principal balances for November 1,2010 and 2011 in their entireties. This would leave an outstanding principal balance of $805,000 on the issue at November 1,2001. Notice of this early redemption would need to be made by October 1,2001, pursuant to the bond resolution. U.s. Bank Corporate Trust Services,. Fort Lauderdale, Florida, serves as paying agent for this issue. Please caH if you have any questions or need additional information. Sincerely, ß:;~ Loomis C- Leedy, m First Vice President cc: ChriStan.ll K. Hartley MEMBER NASl)IS!PC VQ' .L";;"VJ. ..L...L.;...... -Q-~ ~VI 4~~ ~~~~ \\.11 R HOtGH .. ORL 141009"011 \ St. Lucie County,Florida Special Assessment Improvement Bonds, Series 1996 (Becker Road MSBU) DEBT SERVICE SCHEDULE . Olee Principal Coupon Interest. Total 1"+1 11101/2001 · · 26,OSO.63 26.0'òl0.63 11101/2002 - - 52,181.26 52.181.26 11/01/2003 · · 52,181..26 52,161.26 1 110112004 - - 52,181.26 52,181,26 1 I 101/2005 - · 52,181,26 52,181.28 11/0112006 - - 52,181.26 52,181.26 11/0112007 · - 52,181.26 52.181.26 11/0112008 · - 62,181,26 52,181.26 1110112009 - · 52,181.26 52.181.26 11/0112010 · · 52.181.26 52.181.215 11/01120'1 - - 52,161.26 52.181.26 11/01/2012 115.000.00 6.375% 52.16126 167.181,26 11/0112013 12:J,OOO.OO 6.500% 44,~O.OO 164,850.00 '110112014 13~,OOO.00 6.500% 37,050.00 , 67,050,00 11/01/2015 140,000.00 6.500% 28,600.00 168,600,00 11101120111 145,000.00 6.500% 111,500,00 164,500.00 1110112017 155.000.00 6.500% 10,075.00 165,075.00 Total 805,000.00 - 740.15S.49 1,645,159.49 YIELD STATISTICS Eland Year Dollars.........,..,........,...........,.,..,.........,..................................,....................,...... $11,412.50 Average ure...... ..,........,..........'..'..., .........,,,,,........................., ,................ ,....,................................ 14. 177 Y.¡~ Avel"llg. Coupon.... ,............... ......... ..... ........ ....... ................., ..... .......,. ,......... ..,.. ..,.. ....... ........,....... 6.4855158% Net Interest Coat (NIC).. ...... .......... ..,...........' ............ .........,............... ....,................, ....,...... ,.......... True Interest Co~ (TIC}...,....... ........' ..............",. .,... ......... ..... .......'......... ...., ,., ....................."........ Bond Yield for Arbitnlge Pvr~8es..........,................,.....................,......,....,......,......·....·................ All Inclusive Cost (AIC)., ...... ................. ,...... ............. .......",.. ........ ............ ..,...... ............ ................ 6,4855158% 6.484:3421 % 6.4843421 % 6,4843421 % IRS FORM 8038 Net Interest Cost.... ..................,.,.... ..... .......... .......' ..... .......... .......... .,.............. ,....,......,...... ,........... Weighted Average Maturity..........,.,.... ...............,....... ......................... .... ..... ..,..... .................. ........ 6.4Sð5158% 14.177 Ye¡r& SiD L.eec!y Public Fln"nelll File .. SëCKe~ ROAO,SF-BECKER ~OAD- SINGLE PURPOSE 911112001 9:23 AM 'w' "wif/ BOARD OF COUNTY COMMISSIONERS MANAGEMENT & BUDGET DIREGOR MARIE M. GOUIN September 18, 200 I Mr. Scott Schuhle, Senior Vice President U.S. Bank Corporate Trust Services Fort Lauderdale, FL 33309 Re: $1,860,000 St. Lucie County, Florida Special Assessment Improvement Bonds Series 1996 (Becker Road MSBU) TRANSMISSION BY FAX TO (954) 776-2629; HARD COPY TO FOLLOW Dear Mr. Schuhle, St. Lucie County currently has $155,000 in surplus funds in its debt service sinking fund for the above referenced bond issue. This surplus is over and above the scheduled interest payment that is due on November 1,2001. On the advice ofMr. Loomis Leedy, III, our Financial Advisor, please initiate actions to redeem at par the following bonds from the Special Assessment Improvement Bonds, Series 1996: Maturity Principal Interest November I Amount Rate 2010 45,000 6.375% 2011 I IO,OOO 6.375% Please ensure that this early redemption is advertised no later than October 1, 200 I so that the bonds can be called as noted on November I, 2001. I am also notifying the Finance Department to forward to you $155,000 in addition to the regularly scheduled interest payments of $31,031.25 which is due on November 1, 2001. Unless I hear otherwise, the check for $186,031.25 will be forwarded to: U.S. Bank Trust, N.A. Corporate- Trust Debt Management CM-9705 P.O. Box 70870 St. Paul, MN 55170-9705 JOHN D GRUHN, Dwicr No.1' DOUG COWARD, Di¡mcc No, 2 . PAULA A. LEWIS, Disrricr No, J . FRANNIE H0-:HI~SON D,srr:r No 4 . CLIFF GARNES. DISfcicr No 5 (ounry Administrator - Douglas M. Andersof"' 2JOO Virginia Avenue · Ft. Pierce, FL J4982-5652 · Phone (561) 462-1670 TOD (561) 462-1428 · FAX (561) 462-21 ~ 7 .' ~ "frt(Ì I appreciate your prompt attention to our request. Sincerely, Marie M. Gouin Management & Budget Director cc: Chris Hartley, Finance Director Diane Bemardo, Bond Accountant Bill Leedy, Financial Advisor Robert Freeman, Bond Counsel Doug Anderson, County Administrator Daniel J. McIntyre, County Attorney ... w ""-' _ AGENDA REQUEST ITEM NO. C-5E DATE: September 18, 2001 REGULAR PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Early Redemption of $132,000 S1. Lucie County, Florida Special Assessment Improvement Bonds, Series 1997 (Driftwood Manor MSBU) BACKGROUND: The attached letter from Mr, Leedy, Financial Advisor to the County indicates there are funds available in the Driftwood Manor MSBU debt service fund which are excess to the debt service needs. Accordingly, Mr. Leedy recommends, and OMB staff concurs, that $10,500 be used to redeem bonds scheduled to mature on October 151 2002, This action will reduce the interest cost of the issue to the property owners. ~ f FUNDS AVAILABLE: Funds are available in the Driftwood Manor MSBU Trust Fund - 674 PREVIOUS ACTION: None , RECOMMENDATION: Staff recommends the Board approve the early redemption of$10,500 of the outstanding principal remaining on the 5132,000 S1. Lucie County, Florida Special Assessment Improvement Bonds, Series 1997 (Driftwood Manor MSBU), at par, as recommended by Mr. Leedy and as outlined above. 2 Attachments: Mr. Leedy's letter dated September 12,2001 Proposed letter to Bank of America [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Coordination/S i gnatures Management & Budget: ~ Purchasing: Finance: (Check for Copy only, if applicable) XX County Attorney: XX '1Je1 t: 0 IS" "- Other: Public orks: G:\BUDGET\WPIAGENDA'S\AgendaO I \09' 18 _Dril1wood Call, wpd ~. ,,*Vl ....__ vOõJtI "~ K tiULGH - UHL -', _f~~~~{?i-!?,HJ~Çü. LANDMARK CENTER II SUITE 465 22S E. ROBINSON STREET ORLANDO. FLORIDA 32801 (407) 422-:5161 FAX (407) 422-5659 """ September 12,2001 Ms, Marie Gouin Management and Budget Director St. Lucie County 2300 Virginia A venue Fort Pierce, FL 34982-5652 Re; $132,000 St. Lucie County, Florida Specia.l Assessment Bonds, Series 1997 (Driftwood Manor MSBU) Dear Marie: The above-referenced special assessment bond issue is currently outstanding in the principal amount of $80,500. Based on information provided by the Finance Department, sinking fund monies available to pay debt service cUlTently total $16,671.00, After payment of the October 1, 2001 principal and interest payment, surplus funds ofapproximately $11,354.00 will be available to redeem bonds, at PaT, on October 1. 200 I, $16,671.00 -5.317_00 $11,354.QO -10.500,00 $854.00 Current sinking fund Less 10/1/01 D/S payment Available to redeem bonds Redeem bonds 10/112001 Cash balance We recommend that $10,500,00 of this surplus be utilized to redeem bonds, at par, 011 October 1, 2001. This would include calling the S10,500.00 principal balance for October I, 2002, and would leave an outstanding principal balance ofS65,OOO on the issue at October 1.2001. This payment can be made by direct payment to Bank of America with one week notice prior to October 1. Please call if you have any questions or need additional infOnTIation. Sincerely, WiLLIAM R. HOUGH & CO. ~~ Loomis C. Leedy, III First Vice President cc: Christann K. Hartley MEMBER r-<A.SDlSrPC ~U1U'Ull I ~ ,.".... ..v r "i-'''' oJOvtJ "Jl K liULI>H - OI<L 14]01U011 , \wi ...." St. Lucie County,Florida Special Assessment Bonds/Series 1997 (Dr;ftwood Manor MSBU) DEBT SERVICE SCHEDULE Date Prinçipal Coupon I nt8rest Total 1'+1 1010112001 . · . - 4/0112002 - - Z,275.oo 2.27:;,00 10/0112002 - · 2,275.00 2,27~.00 410112003 - - 2,275.00 2,27:;.00 1010112003 11,000,00 7.000% 2,275.00 13,275,00 4/0112004 - · 1,680.00 1,S¡O.OO 1010112004 12.000.00 7.000% 1,890.00 13,880.00 4/Q112005 . - 1.470.00 1,470,00 1010112005 13,000.00 7.000% 1,470,00 14,470,00 410112OC5 - · 1,015,00 1,015,00 10/01/2006 14,000.00 7.000% 1,015,00 15.015.00 4/0112007 - · 525.00 :;25.00 101011'2001 15,000.00 7.000% 5:25.00 15,525.00 Total 65,000.00 - 1 a.900,QO 83,900,00 YIELD STATISTICS Bond Year Oollal'$..,..... ................ .......... .......'... ...... ......,........' ....... ....... ............ ................... ....,..,.... Average Lir... .......",...,.................. ,. '.,......................... ....,.... .....'.. ,...,.. ,.,..... ............ ,.,.,.... ............... Average Coupon.,...., ..... ....,'... ........,............ ........ ....... -,. ,......... '. ,..,.-.... ....".' ....... .....,.......... .,. .......... Net Interest Cost (NIC)................................................................................................................'.. True Inlllrest Cost (TIC).. ..-.. -..............""..... .......... ..,....,....,.. ,........... "". ..........,. ,......, ,,,, ......,........,.. '6ond Yield for Arbitrage Purpo5e$. .......,.......... ". "...,........ ........"" "........... "..'.... ...........""., "...... ,... All Inclusive Cost (AIC).............. ..,., ....... ...... .._--.. ......, ..... ..... ......... ...,.... -.,.. ....... '....' ............... .......... IRS FORM 8038 Net Inrerest CO$!. ......,......... ,.,..".. .............., ".....,....,.... ........., ............ ......"" ............ ....... ......,.,........ Weishted Average Maturity...........,....,.........................................,.......................·..",......,............... 1.000 Yeers Sill L99dy Pvblio Finance File" 57. LUCIE DRIFTWOOD.SF-ST- SINGLE ~RPOS;¡ 1111112001 4,32 PM ... "" ....,¡ BOARD OF COUNTY COMMISSIONERS MANAGEMENT & BUDGET DIP-EGOP- MAP-IE M. GOUIN September 18, 200] Ms. Vanessa Civalero, Senior Vice President Bank of America Commercial Banking Division 625 North Flagler Drive, lOth Floor West Palm Beach. FL 33401 Re: $132.000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1997 (Driftwood Manor MSBU) TRANSMISSION BY FAX TO 561.838.2325; HARD COPY TO FOLLOW Dear Vanessa, St Lucie County currently has a balance in the debt service sinking fund for the above referenced issue which is in excess of the interest payment due on October 1,2001. On the advice ofMr. Loomis Leedy, III. our Financial Advisor, I am notifying you of the Board's intent to pay an additional $10.500 toward the principal. I am also notifying the Finance Department to wire $10,500 in addition to the scheduled interest payments of $5.317 due on October 1. 2001. Sincerely, Marie M. Gouin Management & Budget Director cc: Chris Hartley, Finance Director Diane Bernardo, Bond Accountant Bill Leedy. Financial Advisor Robert Freeman. Bond Counsel Doug Anderson, County Administrator Daniel 1. McIntyre, County Attorney JO~N D. ORUHN Dlstrlcr No 1 . DOUG COWAr..D~ DlsrriCi No.2· PAULA Ä- LEWIS. DiSHier No J . mANNIE HUTCHJ,'J50N, Disrricr No 4 . CLIFF ßARNES D;s·'icr ~Jc 5 (ouÎlry Admlr\¡maror - Douglas M Anderscr' 2300 Virginia Avenue . Fr. Pierce. FL 34982-5652 . Phone (561) 462-1670 TDD (561) 462-1428 · FAX (561) 462-2117 '-' ....." AGENDA REQUEST ITEM NO: C - 7 DATE: September 18,2001 Regular[ ] Public Hearing [ ] Consent [X ] I TO: Board of County Commissioners PRESENTED BY: Beth Ryder, Directo~ . SUBMITfED BY: Community Services SUBJECT: Approval of the Contract with Kids Connected by Design as the administrator for the Delinquency Prevention Grant titled St. Lucie County Mental Health Collaborative. BACKGROUND: The St. Lucie County Executive Roundtable requested the Board to serve as the fiscal agent for the Mental Health Collaborative and Kids Connected by Design to administer the program. This grant establishes a program to reduce out-of-home placement of youth ages five to eighteen, who either have a mental health diagnosis or who present symptoms of such a diagnosis and are at-risk for delinquency . FUNDS AVAIL: 001270-6420-334204-600 St. Lucie County Mental Health Collaborative Program Grant PREVIOUS ACTION:On March 13,2001 staff requested approval to submit the grant. OnJuly 10, 2001 the Board accepted the Grant and approved Budget Resolution 01-169. RECOMMENDATION: Recommend that the St. Lucie County Board of County Commissioners approve the Contract and authorize the Chair to sign all documents. COMMISSION ACTION: u as M. Anderson o nty Administrator rx] APPROVED [] DENIED [ ] OTHER: CoordinationlSi~l1atures County Anorney:x Originating Deparunent:x ~ Management & BudgeD: Purchasing: Other: Other:x Finance:x Check for copy only, if applicable ., 'w' -....I BOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY Daniel S. Mcintyre Heather Young James W. Lancaster. Jr, Katherine Mackenzie-Smith ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY September 5, 2001 r ' REC¡P-" '~D -.. .. ... '~r Ms. Sýlvie Kramer Kids Connected by Design 4500 W. Midway Road Fort Pierce, FL 34981 SEP 1 0 2G01 CnM""·'I1:¡r.ï fJ~"'" U ~WJW1J.J ..jtL:....j Dear Ms. Kramer: Re: Delinquency Prevention Grant - Agreement for St. Lucie County Mental Health Program Enclosed please find four (4) originals of the above-referenced agreement. If the agreement meets with approval, please have each of the originals signed and witnessed on behalf of your organization and return them to me for further processing. If you have any questions with regard to the agreement please contact me or Beth Ryder, Sincerely, ~~ Heather Young Assistant County Attorney Enclosures HYI Copies to: Cömri1uD.iiySëìvièes Director .~ ~ ,."..'\_, _ .__ .' ..',_,.,.... ,Hl·, ,,,,"',,', ,,_ GräñìSAìiàIysf'<-""" .. Grants Coordinator JOHN D. ßI\UHN. Disrricr No.1· DOUG COWAI\D. Disrria No.2· PAULA A. LEWIS, Disrricr No.:I . Fl\ANNIE HUTCHINSON. Disrricr No, 4 . CUFF ßAI\NES. Disrricr No. 5 Counry Adminisrrotor - Douglas M, Anderson 2.300 Virginia Avenue · .3rd Floor Admin, Annex · Fort Pierce. Fl .34982-5652 · Phone (561) 462-1415 FAX (561) 462-1440 . TDD (561) 462-1428 '. ,. '-' ....., AGREEMENT THIS AGREEMENT made this day of .2001,betweenST.LUCm COUNTY, FLORIDA, 2300 Virginia Avenue, Fort Pierce, Florida 34982, a political subdivision of the State of Florida, (the "County"), and KIDS CONNECTED BY DESIGN, 4500 W. Midway Road, Fort Pierce, Florida 34981, (the "Contractor"), WITNESSETH I. SCOPE OF SERVICES A. The Contractor will administer the St. Lucie County Mental Health Collaborative Program (the "Program'') in accordance with the terms and conditions of this Agreement and the Delinquency Prevention Grant Contract between the Florida Department of Juvenile Justice and the County, (the "Grant"). B. The Contract shall submit monthly reports to the St. Lucie County Community Services Director and the St. Lucie County Grants Coordinator beginning October 1,2001 regarding services provided during the previous month under this Agreement. The reports shall include, but not be limited to, the following information for each month and cumulative totals of clients served under the Agreement: 1. Number of clients served during previous month, 2. Number of clients entering treatment during month. 3. Cumulative number of clients served since July 1,2000. 4, Type and numberlhours of service provided during previous month, n. TERM The term of this Contract shall begin on July 1, 2001 and shall continue through and including June 30, 2002, unless otherwise terminated as herein provided. m. COMPENSATION The Contractor shall provide all services described above at a cost of ninety-nine thousand nine hundred ninety-nine and 99/100 dollars ($99,999.99). The County shall compensate the Contractor for such services in accordance with the Payment Schedule attached hereto and incorporated herein as Exhibit "A". Such compensation shall cover all equipment, supplies, insurance, and all salaries or other compensation for the Contractor's employees. The payment for July and August shall be due within thirty (30) days of the date this Agreement is approved by both parties. The remaining monthly payments shall be due on or before the fifteenth day of each month. -1- " .... "-' Payment for the Arumal Performance Report shall be due and payable within thirty (30) days of the date the report is accepted by the County. IV. INDEMNIFICATION AGAINST CLAIMS The Contractor is and shall be an independent contractor, responsible to alI parties for all of its acts or omissions, and the County shall in no way be responsible for such acts or omission. The Contractor shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or controI of the above described services by the Contractor or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area. or resulting from injury to person or property, or a loss of life or property of oany kind or nature whatsoever sustained during the term of this Agreement. The Contractor hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. V. INSURANCE The Contractor shall, at its own expense, promptly procure and pay for and at alI times maintain a policy or policies of professional insurance with coverage limits of not less than one million and 00/100 dollars ($1,000,000.00) for as result of any act or occurrence. The insurance policy shall provide broad comprehensive general liability coverage, and it shall include personal injury, products and completed operations. The policy shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. The Contractor shall submit evidence of such insurance when returning the executed copies of this Agreement. VI. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the persons giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested and addressed to: As to County: With a copy to: St. Lucie County Administrator Administration Annex Building 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney Administration Annex Building 2300 Virginia Avenue Fort Pierce, FL 34982 -2- '-' -...I As to Contractor: Kids Connected by Design 117 Atlantic Avenue Fort Pierce, FL 34950 VII. TERMINATION Any of the parties shall have the right to tenninate this Agreement for any reason upon written notice provided to the other party thirty (30) days prior to the effective date of tennination. Unless otherwise tenninated as provided herein, this Agreement shall tenninate on June 30, 2002. vm. PUBLIC RECORDS The Contractor shall allow pubIic access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, PIorida Statutes (2000), and made or received by the Contractor in conjunction with this Agreement. IX. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder, as provided for in Section 112.311, Plorida Statutes (1999), and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said perfonnance. The Contractor 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 Contractor'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 Contractor 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 Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at hislher 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 Contractor under the tenns of this Agreement. X. ANNUAL AUDIT The Contractor shall provide the County and the Sheriff with a copy of its annual audit prior to the tennination of this Agreement. -3- , . , ' '-" ....., XI. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and shall not be extended or modified except in writing. XII. INTERPRETATION: VENUE 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 County has hereto subscribed and the Contractor has affixed its 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 WITNESSES: KIDS CONNECTED BY DESIGN tJMt¡J,~ 'r It L4-~~ N :~L ð ~ lk- \;::..r¡ th.·..~..A..__ TITLE: /Zy. ~ ( ~ /.,/ g:\atty\agreemnlSlcontractlkidsbydesign. wpd -4- '.> \w ,.,.; Q2044 St.Licie County Board of County Commissioners Payment Schedule First Year Services Units Rate Budget Pre- 2 3,000 6,000 Operational July-August In -School 10 2,225 22,250 Mental Health Services Sept-June Therapeutic 10 2,225 22,250 Therapy Services Sept-June Case 10 2,225 22,250 Management Services Sept-June Psychiatric 10 2,225 22,250 Services Sept-June Annual 1 4,999·99 4,999·99 Performance Report EXHIBIT "A"