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HomeMy WebLinkAboutNovember 1, 2011 Agenda PackageAGENDA REQUEST ITEM NO. IV -A DATE: November 1, 2011 REGULAR[x] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No.11-123 - "National Hunger and Homeless Awareness Week" BACKGROUND: Vicki Hoyos, Executive Director with Harvest Food & Outreach Center, has requested that this Board proclaim the week of November 13-19, 2011 as "NATIONAL HUNGER AND HOMELESS AWARENESS WEEK" in- St. Lucie County, Florida. The attached Resolution No. 11-123 has been drafted for that purpose. RECOMMENDATION:. Staff recommends that the Board adopt the attached Resolution No. 11-123 as drafted. COMMISSION ACTION: CONCURRENCE: ['t/ APPROVED [ ] DENIED ----- �7/ ---�� [ ] OTHER: — Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-B DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 11-133 - "SCOUTING FOR FOOD DAY" BACKGROUND: Richard Norwood, Scouting Volunteer with Gulfstream Council of the Boy Scouts of America, Treasure Coast District, has requested that this Board proclaim November 12, 2011 as "SCOUTING FOR FOOD DAY" in St. Lucie County, Florida. The attached Resolution No. 11-133 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 11-133 as drafted. COMMISSION ACTION: CONCURRENCE: N APPROVED [ } DENIED [ ] OTHER: -� Approved 5.0 Faye W: Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-C DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ j CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 11-115 - Honoring the W Anniversary Celebration of The Pilot Club of Fort Pierce BACKGROUND: Barbara Keck, with the Pilot Club of Fort Pierce, has requested that this Board honorthe 60"' Anniversary Celebration of The Pilot Club of Fort Pierce in St. Lucie County, Florida. The attached Resolution No. 11-115 has been drafted for that purpose. RECOMMENDATION: Staff recommends that this Board adopt the attached Resolution No. 11-115 as drafted. COMMISSION ACTION: CONCURRENCE: b() APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Review and Approvals[X] County Attorney: A Daniel S. McIntyre Faye W. Outlaw, MPA County Administrator AGENDA REQUEST ITEM NO. IV•D DATE: November 1, 2011 REGULAR[x] PUBLIC HEARING [ ] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-148 "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County. BACKGROUND: Mary Barnes, with Alzheimer's Community Care, Inc., and Ellen Brown with Alzheimer'sAssociation Southeast Florida Chapter have requested that this Board proclaim the month of November 2011 as "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. ,Lucie County, Florida. The attached Resolution No. 11-148 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. COMMISSION ACTION: CONCURRENCE: k APPROVED [ ] DENIED [ J OTHER: —,�— Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney Daniel McIntyre AGENDA REQUEST ITEM NO. IV-E TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-162 - proclaiming November 1, 2011 as "THE GREAT AMERICAN SMOKE -OUT DAY" in St. Lucie County, Florida. BACKGROUND: Marcella M. Bianco, Tobacco Prevention Specialist, with Florida Department of Health, Bureau of Tobacco Prevention Program, has requested that this Board proclaim November 1, 2011 as "THE GREAT AMERICAN SMOKE -OUT DAY" in St. Lucie County, Florida. The attached Resolution No. 11-162 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 11-162 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals X Count Attorney: [] Y Y Daniel S.. McIntyre AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IV-F DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-163 - proclaiming the month of November 2011 as "PANCREATIC CANCER AWARENESS MONTH" in St. Lucie County, Florida. BACKGROUND: Michelle Plata Oesterle, a volunteer with Pancreatic Cancer Action Network, has requested that this Board proclaim the month of November 2011 as "PANCREATIC CANCER AWARENESS MONTH" in St. Lucie County, Florida. The attached Resolution No. 11-163 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 11-163 as drafted. COMMISSION ACTION: CONCURRENCE: f APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals[X] County Attorney: ,X5 Daniel S. McIntyre AGENDA REQUEST ITEM NO. IV-G DATE: November 1, 2011 REGULAR[x] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-166 - Renaming the Lawnwood Football Field as the "Calvin R. Triplett Football Field". BACKGROUND: Larry Lee,Jr. has requested that this Board rename the Lawnwood Football Field after the late Coach Calvin R. Triplett. Because of the diligent dedication by Coach Triplett to the youth of St. Lucie County, this Board believes that Mr. Triplett should be honored and remembered in a special way. The Lawnwood Football Field will now be known as "Calvin R. Triplett Football Field". This resolution has been drafted for that purpose. RECOMMENDATION: -Staff recommends that the -Board a-d-opt the attach-eAKesoluti N 11-166 as drafted. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Review and Approvals [X] County Attorney: 12/ Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: RECOMMENDATION: COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 County Attorney ITEM NO. IV-H DATE: November 1, 2011 REGULAR[x] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 11-170 - Proclaiming November 11, 2011 as "VETERANS DAY" in St. Lucie County, Florida. It has been requested that this Board proclaim November 11, 2011 as "Veterans Day" in St. Lucie County, Florida honoring current and former members of the United States Armed Services. This resolution has been drafted for that purpose. Staff recommends that the Board adopt the attached Resolution No. 11-170 as drafted. Review and Approvals [X] County Attorney: d. Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV-1 DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT ( ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No.11-172 - proclaiming the month of November 2011 as "National Adoption Awareness Month" in St. Lucie County, Florida. BACKGROUND: Evelyn Arp, with the Treasure Coast Division Children's Home Society of Florida, has requested that this Board proclaim the month of November as "National Adoption Awareness Month" in St. Lucie County, Florida. The attached Resolution No. 11-172 has been drafted for that purpose. RECOMMENDATION., -Staff recommends-th__atthe Boar__d_ad_o) the ittached Resolution No. 11-172 as drafted. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Review and Approvals [X] County Attorney: — Xi -- Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator .l AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-1 Date: November 1, 2011 Regular [ ] Public Hearing [ ] Consent [X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport - Consent to Assignment and Assumption of Hangar Sublease from KJS, L.L.C. to Robinson Air Crane, Inc. BACKGROUND: See C.A. No. 11-1436 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A —RECOMMENDATION. -Staff recommends that th_ e Board of County Commissioners consent tath_e Assignment Assumption of hangar sublease from KJ5, L.L.C. to Robinson Air Crane, Inc. COMMISSION ACTION: [] APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: , 1 Mgt. & Budget: Purchasing: Daniels Int re Originating Dept.: Other: Other Mark Satterlee Todd Cox Finance (Check for Copy only, if applicable): AGENDA REOUEST ITEM NO: VI-B-2 DATE: November 1, 2011 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT,): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement Valerie J. Anderson Bruno's Chocolate Factory Facade Renovations BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Valerie J. Anderson to record the Revocable icense Agreement i he PucRecords of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: V4 [x] Road and Bridge: [x] Public Works: V@ Daniel McIntyre Don Pauley Don West J'JIVUL [x] Originating Dept: [x] Engineering: [x] County Surveyor: JoAnn Riley Mike Powley Ron Harris S:\ACQ\WPVanet\Licenseagree\Hunt Ave- Bruno Chocolate Factory\Agenda.doc AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Dr. Thomas Carlos Prima Vista Animal Hospital BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO: VI-B-3 DATE: November 1, 2011 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[XI PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Dr. Thomas Carlos to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [�J APPROVED [ ] DENIED [ ] OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: [x] Road and Bridge: �[x] Public Works: Daniel McIntyre Don Paule Don West Y [x] Originating Dept: [x] Engineering: �[x] County Surveyor: JoAnn Riley Mike Powley Ron Harris S:\ACQ\WPUanet\Licenseagree\Prima Vista -Ravenswood Canal\Agenda.doe t AGENDA REQUEST ITEM NO. VI-13-4 DATE: 11-01-11 REGULAR [. ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin Criminal Justice Coordinator SUBJECT: Approve Contract Amendment for Mental Health/Substance Abuse services offered by New Horizons of the Treasure Coast BACKGROUND: Please see attached Memorandum CA No. 11-1417. FUNDS AVAIL: $481,000.00 has been approved in the criminal justice budget 11/12 for mental health services through New Horizons. The account string is: 107-2360-534000-200. PREVIOUS ACTION: In FY06/07, the Board funded these services and has done the same for the past five (5) years. RECOMMENDATION: Staff recommends the Board approve the contract Amendment with New Horizons. The contract r amendment will have a retroactive start date of October 1, 2011, in compliance with services men ered since the start of the 2011/2012 budget year. COMMISSION ACTION: CONCURRENCE: D4APPROVED ]OTHER: ]DENIED Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals n� [X] County Attorney: [x] Management & Budget: m/`� Dan McIntyre Marie Gouin, Director Patty Marston, Analyst AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Jessie and Leslie Pfeiffer 5865 Jenkins Park Avenue BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO: VI-B-5 DATE: November 1, 2011 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Jessie and Leslie Pfeiffer to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [�] APPROVED [ ] DENIED [ ] OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals t�,� [x] County Attorney: [x] Road and Bridge: V �Y [x] Public Works: Daniel McIntyre Don Pauley Don West [x] Originating Dept: [x] Engineering: Jrn�- En [x] County Surveyor: �a g:� JoAnn Riley Mike Powley Ron Harris S:\ACQ\WPUanet\Licenseagree\Jenkins Park Ave\Agenda.doc AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-6 Date: November 1, 2011 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Economic Development Council of St. Lucie County, Inc. - FY 2011/12 Grant Contract BACKGROUND: See C.A. No. 10-1418 FUNDS AVAIL.: (State type & No. of transaction or N/A): Account Nos. 001009-1515-582000-100 and 611-1515-582000-100. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed contract with the Economic Development Council of St. Lucie County, Inc., and authorize the Chairman to sign the contract. COMMISSION ACTION: j APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures f County Attorney: Mgt. & Budget: M OA6-7- n Daniel nt re Marie Gouin Originating Dept.: Other : Mark 5atterlee Finance (Check for Copy only, if applicable): Purchasing: Other : AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-7 Date : November 1, 2011 Regular[ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Logistics Center :- Facilities Use Agreement with WPSL Christmas Kids of St. Lucie County BACKGROUND: See C.A. No. 10-1433 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Facilities Use Agreement with WPSL Christmas _Kid s�f�5t.l e County_, anda ho i ewe Chairman to sign the contract. - COMMISSION ACTION: DQ APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 County Attorney: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: D S. McIntyre Originating Dept.. i<rc...-r_.4 Other: Other: Roger Shinn Beth Ryder Finance (Check for Copy only, if applicable): AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-8 DATE: November 1, 2011 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Park and Ride Avenue D and North 8th Street Percy Alexander Sr. and Robbie J. Alexander - Parcel I.D. 2410-601-0092-000-1 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: 130102-4910-582015-400 (Federal Transit Administration - ARRA Grant) 100% FTA funded, no local match required PREVIOUS ACTION: March 10, 2009 - Board authorized staff to submit an application to the Federal Transit Administration (FTA) for Section 5307 American Recovery and Reinvestment Act (ARRA). September 8, 2009 - Board accepted Federal Transit Administration FTA 5307 Grant Award for $1,957,183. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase from Percy and Robbie Alexander, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: pCJ APPROVED [ ] DENIED [ ] OTHER Approved 5.0 [x] County Attorney: Daniel S. McIntyre [x] Originating Dept: J m IL JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ] Road and Bridge: [ ] Public Works: Don Pauley Don West [x] Housing & Community Services Director;4,e_�A Beth Ryder 5:\ACQ\WP\JoAnn\Park & Ride\Alexander\Agenda Request.wpd I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-9 DATE: November 1, 2011 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-171- Supporting the Adoption of a Ban on Texting while Driving BACKGROUND: It has been requested that this Board approve a resolution in support of the adoption of a ban on texting while driving. Resolution No. 11-171 (attached) has been drafted forthat purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 11-171 as drafted. COMMISSION ACTION: CONCURRENCE: [xJ APPROVED [ j DENIED [) OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-10 Date: November 1, 2011 Regular [ ] Public Hearing[ J Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Logistics Center - Consent to First Amendment to Facilities Use 5ubagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NP5 BACKGROUND: See C.A. No. 10-1434 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed First Amendment to Facilities Use 5ubagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NP5, and authorize the Chairman to sign the Consent. COMMISSION ACTION: �J APPROVED [ ] DENIED [ J OTHER: Approved 5.0 County Attorney. CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Purchasing: Da 'el S. McInty e Originating Dept. t- Other: Other: Roger Shinn Finance (Check for Copy only, if applicable): Jr Mgt. & Budget: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-1 1 DATE: November 1, 2011 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Park and Ride Avenue D and North 8t" Street Robert Douglass - Parcel I.D. 2410-601-0094-000-5 and 2410-601-0091-000-4 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: 130102-4910-582015-400 (Federal Transit Administration - ARRA Grant) 100% FTA funded, no local match required PREVIOUS ACTION: March 10, 2009 - Board authorized staff to submit an application to the Federal Transit Administration (FTA) for Section 5307 American Recovery and Reinvestment Act (ARRA). September 8, 2009 - Board accepted Federal Transit Administration FTA 5307 Grant Award for $1,957,183. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase from Robert Douglass, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Pq APPROVED [ ] DENIED [ ] OTHER Approved 5.0 [x] County Attorney: Daniel S. McIntyre [x) Originating Dept: JYKi2' JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ] Road and Bridge: [ ] Public Works: Don Pauley Don West [x] Housing & Community Services Director• 411-�> Beth Ryder 5:\ACQ\WP\JoAnn\Park & Ride\Douglass\Agenda Request.wpd AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks, Recreation & Facilities Golf Course SUBJECT: Golf Course Rate Change BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A ITEM NO. VI-Cl DATE: 11/01/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Matt Baum Golf Course Manager�%11 PREVIOUS ACTION: September 25, 2007 — BOCC Approval Fairwinds $1.00 rate increase. March 25, 2008 — BOCC Approval of Fairwinds Golf Course Business Changes April 27, 2010 — BOCC Approval of Fairwinds Golf Course Greens RECOMMENDATION: Board approval of proposed rates and fees on Exhibit A, authorization for the County Administrator to approve future fee changes and authorization for the Chairman to execute documents as approved by the County Attorney. Staff also recommends approval of the Group Rate herein as shown in Exhibit B. COMMISSION ACTION: CONCURRENCE: (>C) APPROVED ( ) DENIED i ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director �/� Budget Analyst � /II .- rDeM TW - , Originating Dept. ERD ® (Name) (Name) (Name)pi4-rPAGa tkkWW4 (Name) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks, Recreation & Facilities Golf Course SUBJECT: Golf Course Restaurant Rent Waiver BACKGROUND: See Agenda Memorandum FUNDS AVAILABLE: N/A ITEM NO. VI-C2 DATE: 11 /01 /11 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Matt Baum Golf Course Manager PREVIOUS ACTION: May 8, 2007, Fairwinds Concessions/Amendment to Agreement/Julius Management Group/Contract #CO2-08-616. RECOMMENDATION: Board approval of the Amendment to the Agreement between the County and Julius Management Group/Contract #CO2-08-616 as prepared by the County Attorney and authorization for the Chairman to sign. COMMISSION ACTION: CONCURRENCE: QC --APPROVED ( )—DENIED ( ) OTHER - Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst D(tnIQ��.IPL' � e Originating Dept. ( ERD (Name) (Name`) (Name)?A-Wc A-M � (Name) AGENDA REQUEST ITEM NO. VI-C3 DATE: 11 /01 /11 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY• Lee Ann Loweryr SUBMITTED BY: Parks, Recreation & Facilities Assistant Coun Administrator SUBJECT: Resolution 11-169, Interim Facility Use Policy BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 28, 2008 — Board approval of Resolution 08-321. RECOMMENDATION: Board approval of Resolution 11-169, Facility Use Policy, as Interim Facility Use Policy for Parks and Recreation facilities as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Signatures County Attorney ( ) Katherine Barbieri CONCURRENCE: Faye W. Outlaw, MPA County Administrator ITEM NO. VI-D1 DATE: 11/1/11 ( ) AGENDA REQUEST REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer MqP SUBJECT: St. James Drive Pedestrian Walkway Phase II BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 318-4113-563000-470 (County Capital, Transportation Bond) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to reject bids, modify design to reduce project scope, and authorization for staff to rebid St. James Drive Pedestrian Walkway Phase II. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED OTH Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures V OMB Director ( x ) County Attorney (x) V4 Marie Gouin Daniel McIntyre County Engineer (x) Originating Dept. (x) Michael Powley J K Ddnald West Road & Bridge (x ) Manager Donald Pauley St. James Drive Pedestrian Walkway Ph 11 reject bids & rebid.ag ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works, Road & Bridge Division SUBJECT: Bid No. 11-041, Street Resurfacing VI-D2 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Donald Pauley k 'DT Road & Bridge na�ger BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316001-41132-546200-42003 Maintenance Improvements - Resurfacing PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 11-041, Street Resurfacing, to the lowest responsive qualified bidder, Dickerson Florida, Incorporated of Fort Pierce and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: () APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X)- OMB Director (X ) Budget Analyst Daniel S. Mclntrye �� - Public Works ( X ) ° Originating Dept. (X) -�.,� Donald Pauley on West AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Fort Pierce South Mine BACKGROUND:. See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. ITEM NO. } �nbmT®lsij '~ DATE: 11/1/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Michael Powley, P.E. County Engineer RECOMMENDATION: Board approval to schedule a public hearing to be held December 6, 2011 at 6:00 p.m. or soon thereafter to consider the request of Ft. Pierce South Mine to increase the hours of operation. , COMMISSION ACTION: CONCURRENCE: (K) APPROVED ( ) DENIED ( ) OTHER F.----- Approved 5.0 Faye W. Outlaw, MPA County Administrator County Attorney (x) Coordination/Signatures Originating Dept. Daniel McIntyre Planning & Dev. (x) Director 4 Mark Satterlee Fort Pierce South Mine after hours work request PH.ag (x) (A- nald West County Engineer (x) IAVP Michael Powley County Attorney ( ) ITEM NO. VI - E DATE: 11/1/11 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long, Director'/ SUBMITTED BY: St. Lucie County Sheriffs Office, Department of Finance & Technology SUBJECT: Permission to accept the 2011 Bulletproof Vest Partnership Grant. BACKGROUND: The U.S. Department of Justice/Office of Justice Programs has awarded the St. Lucie County Sheriffs Office the 2011 Bulletproof Vest Partnership (BVP) Grant. Upon acceptance, this grant in the amount of $6,915.22 will provide a critical resource to the Sheriff's Office by covering 50% of the cost of bulletproof vests ordered or purchased between April 1, 2011 — September 30, 2013. Vests are ordered as needed. The 50% match requirement is included in the Sheriffs budget. FUNDS AVAILABLE: 107174-2110-331233-200 Dept. of Justice PREVIOUS ACTION: June 7, 2011 — BOCC approved permission to apply. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution No. 11-167 and authorize the acceptance of the 2011 Bulletproof Vest COMMISSION ACTION: X) APPROVED ( ) OTHER ( ) DENIED . Approved 5.0 Coordination/Signatures OMB Director Budget Analyst Dan McIntyre Originating Dept. ( ) ERD (Name) CONCURRENCE: r Faye W. Outlaw, MPA County Administrator () Marie Gouin Sophia Holt (Name) ITEM NO. VI-F DATE: 11/1/11 AGENDA REQUEST REGULAR ( } PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Human Resources Department SUBJECT: Compensation for Active Military Duty BACKGROUND: See attached memorandum. CONSENT (X PRESENTED BY: Wayne Teegardin Employee Relations and Safety Manager. FUNDS AVAILABLE: Funds for military leave benefits exist in the various department salary/benefit budgets. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to extend military leave benefits as delineated in Section 3.17 of the -StLucie- County -Ern ployee-Handbook until -September 30, 2012. COMMISSION ACTION: Q� APPROVED ( ) OTHER CONCURRENCE: ( ) DENIED -- Approved 5.0 County Attorney ( ) Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel Mclntryre Marie Gouin Originating Dept. ERD ( ) Wi ' m Hoeffner (Name) e ITEM NO. VI-G AGENDA REQUEST DATE: REGULAR ( 1 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Middlebrook// -4-- SUBMITTED BY: Environmental Resources Department Restoration Biologist SUBJECT: Gopher Tortoise Habitat Improvement Funding Assistance BACKGROUND: See attached memorandum and maps. FUNDS AVAILABLE:, 001-3920-534000-310035 Other Contractual Services (pending BOCC approval) 001-3920-534000-31017 Other Contractual Services (pending BOCC approval) PREVIOUS ACTION: December 7, 2010 - BOCC approval of the Indrio Savannahs purchase order agreement. No previous action taken for Sheraton Scrub. RECOMMENDATION: Board authorization to accept a reimbursement agreement in the amount of $13,000 from the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise habitat at Indrio Savannahs and Sheraton Scrub Preserves and to approve Budget Resolution No. 11-165. COMMISSION ACTION: (x) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney ( X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Dan McIntyre ERD. ( X ) Ka en L. Smith Budget Analyst Finance Director Marie Gouin/ ' Robert O'Sullivan (X) Shai Francis ITEM NO. VI-H' DATE: 1111/2011 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY: Community Services/Housing Division Housing Manager SUBJECT: Small Cities Community Development Block Grant (CDBG) Grant BACKGROUND: The Department of Economic Opportunity (DEO), formally known as the Department of Community Affairs (DCA) administers Florida's Small Cities Community Development Block Grant Program. FUNDS AVAILABLE: 001509-5420-534000-500 CDBG Small Cities PREVIOUS ACTION: May 19, 2009 — Grant award approved April 20, 2011 - Modification Number one approved RECOMMENDATION: Board approval of Budget Resolution 11-168 and authorization for the Chairman to sign the resolution as approved by the County Attorney. COMMISSION ACTION: OhfCURRENCE: (><) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures i County Attorney ( ) ( OMB Director t Budget Analyst Daniel S. McIntyre Originating Dept. ERD Beth Ryder ( M 2 )G arie Gouin Sophia Holt ADDITIO N ITEM NO. VI-H2 DATE: 11/1/2011 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG.. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY. Community Services/Housing Division Housing Manager SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grant BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: The Community Development Block .Grant Disaster Recovery Initiative (CDBG DRI) is a federal program that provides funding for low-income residents located in communities that have been affected by a natural disaster. Congress appropriates additional funding for the CDBG program as Disaster Recovery grants to rebuild affected areas and provide money to start the recovery process. 001113-5420-331510-500 CDBG DRI September 2, 2008 - Approved modification number one. June 9, 2009 - Approved modification number two. July 14, 2009 - Approved modification number three. January 12, 2010 - Approved modification number four. October 12, 2010 - Approved modification number five. Decker 6, 2010 - Approved mo i ication num er six. August 9, 2011 — Approved modification number seven. RECOMMENDATION: Board approval of Budget Resolution 11-174 and authorization for the Chairman to sign the resolution as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) I Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( )� ERD ( ) Beth Ryder COUNTY F L O R I D A- -- TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [j APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 County Attorney ITEM NO. V11 "A DATE: November 1, 2011 REGULAR [] PUBLIC HEARING [XX] CONSENT [] PRESENTED BY: Daniel S. McIntyre County Attorney Ordinance No. 11-025 Relating to Secondary Metals Recyclers See attached memorandum Staff recommends that the Board adopt Ordinance No.11-025 and authorize the Chairman to sign the Ordinance. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.:, Finance: (Check for copy only, if applicable) Eff. 5/96 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-B DATE: November 1, 2011 REGULAR [ ] PUBLIC HEARING [x J CONSENT [ ] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Case No. 66346 - 7808 Lakeside Way, Fort Pierce, FL - Unsightly and Unsanitary Conditions and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety - Permission to order the owners to clean the property or St. Lucie County will have it abated and place a lien on the Property. BACKGROUND: See attached memorandum RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owner ordering them to remove the unsightly and unsanitary conditions on the property, including, but not limited to, mowing the lawn, securing and cleaning the pool and boarding up the structure as required or St. Lucie County will have it cleared and repaired and place a lien on the property. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [�] OTHER: Pulled prior to meeting. Review and Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator [X] Code Compliance Manager Ro eyer ITEM NO. 01 C. DATE: November 1, 2011 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 11-030 - Solid Waste Exclusive Commercial Franchises BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 11-030 as revised and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [] APPROVED [ ] DENIED -----_` [ ]OTHER: Motion to continue to 12/20/2011 at 9:00a.m. or as soon thereafter Faye W. Outlaw, M PA Approved 5.0as possible. County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Din County Eng,: Finance: (Check for copy only, if applicable) Eff. 5/96 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM N0 VI11 ADDITION DATE: November 1, 2011 REGULAR [XX] ADDITION PUBLIC HEARING [] CONSENT [] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Capital Improvement Refunding Revenue Note, Series 2011; Resolution No. 11-175 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommendsthat the Board adopt Resolution No.11-175 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: ---- Faye W. Outlaw, MPA Approved 5.0 County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S McIntyre CO( VMGouin Originating Dept._ Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 Shai Francis=�� COUNTY ADMINISTRATION MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS (BOCC) THROUGH: Faye W. Outlaw, MPA County Administrator FROM: Lee Ann Lowery Assistant County Administrator DATE: November 1, 2011 SUBJECT: Resolution, 11-169, Interim Facility Use Policy ITEM NO. VI-C3 At the Budget Workshop on October 25, 2011, the BOCC was briefed on the review being conducted of the Parks, Recreation & Facilities Department. It is clear there is a need to develop and implement policies and procedures for the department, especially as it relates to use of recreational facilities by external organizations and individuals. This process will be detailed and time-consuming and require further policy input from the BOCC. However, per the BOCC discussion, there is an immediate need for policies and procedures to address current events that have been booked or are in the process of being booked at the Fenn Center, ball fields and other facilities. To that end, staff is recommending that the BOCC policy approved in October 2008 (effective 2/1/09) for non -recreational facilities be amended to include recreational facilities. This policy includes the following major components which, with minor changes, are needed immediately to address the use of parks and recreational facilities: 1. Authorizes the County Administrator or designee to establish written procedures consistent with the BOCC policy. There are currently no written procedures for the rental of the Fenn Center or the Fairgrounds. In addition, with the County discontinuing recreational programs, the use of ball fields by external organizations must be revisited. Approval of this policy is critical to allow these procedures to be developed and implemented. 2. Requires all organizations and individuals using a County facility to execute a facility use agreement approved by the County Attorney. Not all organizations or individuals have executed agreements for use of the Fenn Center. In some cases, the only documentation available is a proposed fee estimate. This policy will require that all users execute a facility use agreement or contract, depending on the type and length of use requested. 3. Authorizes the County Administrator or designee to establish a written fee schedule based on comparable rates charged for similar facilities by other local governmental entities. The BOCC has approved a fee schedule for use of parks and recreational facilities which we anticipate will be unchanged through the interim period and which will be followed in accordance with this policy. However, there are some charges which were not included on the approved fee schedule which are needed by the Fenn Center and other facilities. For example, large tournaments which take place at numerous County facilities over many days, even weeks, use significant supplies such as toilet paper, paper towels, clay for ball fields, etc. When appropriate, these costs should be recouped by the County, especially given the department's reduced budget. Another example is the need for cleaning deposits. A few events have left the Fenn Center in shambles, including the parking lot and bathrooms. This deposit is needed to provide an incentive for lessees, promoters and caterers to do a better job of caring for the facility during an event and cleaning after the event. Security deposits are also recommended for certain events where large crowds are anticipated or possible damage to the facility or equipment can be anticipated. 4. Requires the user pay for all staff costs related to facility use, including contract labor. Typically, the County's actual labor cost has not been charged, often in effort to negotiate competitive rates and secure the event. However, by not including these costs in the charges, the County is not covering its actual costs for events. The use of contract labor is helpful in that it does not result in overtime charges to the County and allows maximum flexibility in meeting the work schedule for events. 5. Allows facility use rates to be waived or reduced based on a partnership agreement which provides services or other contributions to the facility, such as capital improvements or purchase of equipment or other needed supplies which are of comparable value. This policy provides an alternate method for organizations which may be rich in resources other than cash to make a_me_aningful contribution to the facility. These agreements must be approved by the 1Board of County Commissioners. The County currently has a partnership agreement with the Audubon Society for use of the Oxbow Center. 6. Authorizes the County Administrator or designee to approve the serving of alcohol at events contingent upon specific permit and insurance requirements. Additional staffing or security may also be required at the discretion of the County Administrator. The Fenn Center has been booking events at which alcohol has been served but without BOCC approval. However, the current BOCC policy in place for parks and recreational facilities requires the BOCC approve each event at which alcohol will be served. This policy will authorize the County Administrator or designee to approve serving alcohol, as is the current policy for non -recreational facilities. 2 7. Provides specific criteria for submitting a request for a fee waiver to the BOCC for consideration. The organization must meet the following criteria in order for a waiver request to be presented to the BOCC: a. Be a 6- Lucie Count nonprofit with a 501(c)(3) IRS tax exemption or a governmental entity; and b. Provide services which area public bereft) and available to the entire community; or c. Be a fundraiser for a local nonprofit organization which provides services to the entire community. There is currently no standard for when a request for waiver should be presented to the BOCC. This policy will greatly assist the department in determining when a waiver request can be submitted to the BOCC. Substantive Revisions to the 2009 BOCC Facility Use Policy Substantive changes to the 2009 BOCC Facility Use Policy are needed in the following areas: 1. The discount provided to nonprofit and governmental organizations; 2. Stricter requirements for adherence to contract/facility use agreement terms and conditions; and 3. Use of County facilities for Treasure Coast Sports Commission major events. The 2009 BOCC Facility Use Policy provides a 50% discount for use of non -recreational facilities, such as meeting rooms, for nonprofit and governmental agencies. The current discount is 25% for nonprofit and governmental agency use of recreational facilities, such as the Fenn Center, Fairgrounds, South County and Lawnwood stadiums and baseball fields. Staff is requesting that the discount for recreational facilities remain at 25% on an interim basis. This policy needs further review and evaluation based on many factors, including but not limited to: 1. Current heavy demand for athletic/recreational facilities by user groups; 2. Appropriate criteria for application of the fee reduction to nonprofits and user groups; 3. Anticipated increase in demand if the discount is increased to 50%; 4. Significant maintenance and repair required for basketball courts, ball fields, etc. before, during and after intense use by numerous teams; and 5. Direction from the BOCC on the focus of generating revenue from the Parks & Recreation facilities. The 2009 Facility Use Policy also needs to be revised to add language related to the consequences where a user fails to adhere to laws, County policies and procedures and terms of the facility use agreement, including payment of required fees in advance. This is an area that has been a significant challenge for recreational staff and, along with the requirement for a signed facility use agreement or contract, stronger language in the BOCC policy will assist in addressing this issue. Finally, the BOCC has a unique relationship with the Treasure Coast Sports Commission (TCSC) which receives Tourist Development tax funding to attract major events to St. Lucie County. The events must attract people from outside the area and directly impact the use of our area hotels (which also directly impacts the use of area restaurants, shopping, etc.) These events are typically athletic tournaments which use multiple County facilities for long periods of time and require intense staffing to repair field conditions between each game as well as at the end of each day of competition. This policy will allow the County Administrator to negotiate 3 directly with the TCSC to balance the economic benefit to the community with the real costs to the County and the impact on County staff. Staffing Issues Staff would like to make the BOCC aware of two issues, one of which may result in a budget impact. It is clear that the Parks & Recreation divisions are not adequately staffed to host the major events that are currently on the schedule and/or which are being proposed in the coming months. Generally, supervisory staff is salaried and many have been working well beyond reasonable expectations to provide coverage for these events, which include tournaments, exhibits and other events which take place over many days and usually include weekends, evenings and even holidays. To address this concern, Administration will be allowing these staff to either flex their work schedule or utilize the Employee Compensation policy in Section 2 of the Employee Manual. In addition, we will be cross -training other supervisory staff to provide relief when major events are scheduled every weekend. Another staffing concern relates to use of the inmate crew and contract labor. The inmate crew of up to five workers is provided by the Department of Corrections at an annual cost of $58,004 which pays for the Correctional Officer who supervises their work. The inmate crew performs work at all parks, Digital Domain, Fairgrounds, Savannas and the Fenn Center. At the Fenn Center, the inmate crew is often used to assist when there is significant set-up and/or tear down for an event. However, the inmate crew is not always available and "all hands on deck" must be called for assistance. This usually results in use of County staff and crews that then are not be able to perform their regular duties. In many cases, the County will not be able to charge for the additional staff and/or contract labor since the contract has already been executed and may have been priced assuming the inmate crew would be available. In order to provide adequate manpower for major events, staff will be utilizing contract labor more frequently and in larger numbers, either in lieu of calling in County staff or to perform the work of County staff while they assist with major events. While the use of contract labor has been approved by the BOCC in the department's budget, staff anticipates this figure may be inadequate if the staffing of major events is included. Since most of these events have already been confirmed and booked, the cost of this contract labor cannot be recouped. Summary With the approval of this policy, staff will immediately begin putting in place needed procedures, forms, fees, etc. related to the use of recreational facilities by external organizations and individuals. While the interim policy is in place, staff will be conducting research and presenting information at the November 14 BOCC informal meeting on the costs and benefits of continuing to focus the Fenn Center on being a venue for facility rental and increasing revenue for the County or re -focusing it on being a community center, perhaps with limited rentals of meeting space. With direction from the BOCC, staff can then move forward with final policies and procedures. Recommendation Board approval of Resolution 11-169, Facility Use Policy, as Interim Facility Use Policy for Parks and Recreation facilities as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 4 1 RESOLUTION NO. 11-169 :,M F N .� A RESOLUTION AMENDING THE ST. LUCIE COUNTY FACILITY USE POLICY (ADOPTED BY RESOLUTION NO. 08-321), ATTACHED HERETO AND MADE A PART HEREOF AS "ATTACHMENT A" WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 28, 2008, the Board of County Commissioners approved Resolution No. 08-321 adopting a uniform policy for use of non -recreational County facilities by governmental agencies, non-profit organizations or other groups. 2. The use of County facilities, especially after business hours, impacts costs related to utilities, equipment, housekeeping, and security. Facility use by outside groups also impacts staff workload. These groups are required to pay a fee for use of any non -recreational facility. 3. The County Administrator was given the authority to develop and implement procedures consistent with the policy and to approve the use of alcohol at non -recreational County Facilities. 4. It is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida to amend this policy and extend it to County parks and recreational facilities as well. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida. 1. This Board does hereby approve amending the St. Lucie County Facility Use Policy attached hereto and made a part hereof as "Attachment A". 2. The amended St. Lucie County Facility Use Policy attached to this resolution shall become effective upon its adoption. After motion and second the vote on this resolution was as follows: Chairman Chris Craft XXX Vice -Chairman Chris Dzadovsky XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX Commissioner Paula Lewis XXX 1 PASSED AND DULY ADOPTED this 1st day of November 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY St. Lucie County Facility Use Policy Amended November 1, 2011 Attachment A of Resolution 11-169 General Facility Use and Fees 1. The Board of County Commissioners (BOCC), its members, County Departments or programs, BOCC advisory committees and Constitutional Officers have priority for use of County facilities, including parks, pavilions and other recreational facilities, for County business. There is no charge for these uses. 2. Written procedures for facility use, consistent with this policy, shall be established by the County Administrator or designee. The County reserves the right to impose any additional regulations or procedures, whether or not expressly provided herein, which may be in the best interest of the County and operation of its facilities and to deny use of a facility when the proposed use of the space is not appropriate for the facility or does not comply with these polices or procedures. 3. Any organization or individual denied use of a facility may appeal the denial to the County Administrator in writing within 10 business days of the denial. The County Administrator will render a decision on the appeal in writing within 5 business days. If the denial is upheld by the County Administrator, the organization or individual may appeal to the BOCC within 5 business days of the County Administrator's denial. Such appeal must be in writing and outline the basis for the appeal. The appeal will be placed on an agenda for a regularly scheduled meeting of the BOCC within 14 business days of receipt of the appeal. Organizations and individuals may not appeal fees, other charges or policies and procedures. 4. Permission for use of a County facility does not imply County endorsement of the views, opinions, policies or activities of groups or organizations using the facility. Any announcement or publicity implying such endorsement is prohibited. The County is not responsible for the accuracy, use or consequence of statements made during use of a facility. 5. Nonprofit and for -profit corporations are required to provide a certificate of insurance naming St. Lucie County BOCC as an additional insured for coverage and limits specified by Risk Management, in consultation with the County Attorney. At the discretion of the County Administrator or designee, individuals may also be required to provide a certificate of insurance, depending on the requested facility, equipment and/or the proposed use. The insurance policy must contain a provision providing the County with 30 days written notice prior to termination, non -renewal or restriction of coverage. 6. All organizations and individuals using a County facility shall execute a facility use agreement or contract approved by the County Attorney. 7. Any activity in a County facility will be conducted according to applicable laws, rules, regulations and ordinances. Any individual or organization which fails to comply with the laws, rules, regulations, ordinances, County policies and procedures and/or terms of the facility use agreement or contract, including required payments when due, may be prohibited from using County facilities for a period of time in the future at the discretion of the County Administrator. The County Administrator's decision may be appealed to the Board of County Commissioners per Paragraph 3 of this Policy. 3 N 8. A written facility use fee schedule, including but not limited to, additional charges for staff, supplies, equipment and security and/or cleaning deposits, will be established by the County Administrator or designee. Fees for facility use shall be based on a comparison of rates charged for similar facilities by other local governmental entities. Fees should offset the operational costs incurred by the County in providing for use of the facilities. 9. The user is responsible for paying all staff costs for facility use, including use of contract labor and when staff is required for more than one hour during normal business hours. 10. Except as noted, St. Lucie County nonprofit and governmental organizations will receive a 50% reduction of the facility use fee paid by for -profit organizations and individuals. St. Lucie County nonprofit and governmental organizations will receive a 25% reduction in the facility use fee at the Havert L. Fenn Center, Fairgrounds, Digital Domain, South County and Lawnwood stadiums, ball fields and similar unique facilities as designated by the County Administrator. It is the responsibility of each organization to provide documentation of nonprofit status to be eligible for reduced rates. Groups which cannot provide such documentation must pay applicable fees. The fee reduction does not apply to staff, equipment, supplies or required deposits. 11. With the approval of the Board of County Commissioner, facility use rates may be waived or reduced for organizations executing a written partnership agreement with the County to provide needed or desired services and/or contributions in lieu of the facility use fee. The estimated value of such services or other contributions shall be similar to the value of fees being waived or reduced. A partnership agreement may not be used in lieu of payment for staff or equipment charges associated with any use. 12. Fees for facility use may be waived by the Board of County Commissioners when the proposed event or program will allow a nonprofit organization hich' has received tax exemption under Section-501 c 3 of the Internal Revenue Codejor a governmental agency to provide services h ch.are a" ublic bojefit']and which are available to all citizens of St. Lucie County or is a fundraiser for such an organization. Fees for staff, supplies and equipment required for the event may not be waived. 13. The County Administrator is authorized to negotiate terms of facility use with the Treasure Coast Sports Commission for major events, including charges for staff, equipment, supplies, etc. 14. Revenue generated by facility use fees will be credited to the Department managing the facility. 15. Alcohol may be served at events, contingent upon the applicant receiving approval of the County Administrator or designee and payment of an additional fee or as required by a contract between the County and a concessionaire. The applicant must provide copies of all required permits prior to the event. General Liability insurance with a Host Liquor Liability endorsement shall be provided. Persons must be at least 21 years of age to possess or consume alcohol and identification must be checked as required by law. The County assumes no responsibility for the improper or illegal serving of alcoholic beverages during use of a County facility. Additional staffing or security may also be required. The County Administrator's decision may be appealed to the Board of County Commissioners per paragraph 3 of this policy. 4 Illllifilflltllilllll(liilhlllilllllllilllllllilllllllilllllllllillllllllllllllillll�(Illlhllll�llli�li'IIIIIf�hI1�IhIii1lI111�I�Yil�1'IIIITIIi�l�itillililililli�illllilllllilllhllilhllillililillill��l�flilllllflll November 1, 2011 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED i MAim-111] WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS - These items may be heard on the first Tuesday at 6:00 P.M, or as soon thereafter as possible and on the third Tuesday 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 r�ior, 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 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' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P,M. and the third Tuesday 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 as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting, November 1, 2011 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org Chris Craft, Chairman District No. 5 Chris Dzadovsky, Vice Chairman District No.1 Tod Mowery District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 18, 2011 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No.11-123 — "National Hunger and Homeless Awareness Week" Consider staff recommendation to adopt Resolution No.11-123 as drafted. B. COUNTY ATTORNEY Resolution No. 11-133 —"Scouting for Food Day" Consider staff recommendation to adopt Resolution No.11-133 as drafted. C. COUNTY ATTORNEY Resolution No.11-115 — Honoring the 60th Anniversary Celebration of The Pilot Club of Fort Pierce Consider staff recommendation to adopt Resolution No.11-115 as drafted. D. COUNTY ATTORNEY Resolution No. 11-148 — "Alzheimer's Disease Awareness Month" in St. Lucie County. Consider staff recommendation to adopt Resolution No. 11-148 as drafted. E. COUNTY ATTORNEY Resolution No. 11-162 — proclaiming November 1, 2011 as "The Great American Smoke -Out Day" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 11-162 as drafted. IV. PROCLAMATIONS/PRESENTATIONS CONTINUED F. COUNTY ATTORNEY Resolution No. 11-163 — proclaiming the month of November 2011 as "Pancreatic Cancer Awareness Month" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 11-163 as drafted. G. COUNTY ATTORNEY Resolution No. 11-166 — Renaming the Lawnwood Football Field as the "Calvin R. Triplett Football Field". Consider staff recommendation to adopt Resolution No. 11-166 as drafted. H. COUNTY ATTORNEY Resolution No. 11-170 — Proclaiming November 11, 2011 as "Veterans Day" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 11-170 as drafted. I. COUNTY ATTORNEY Resolution No. 11-172 — Proclaiming the month of November 2011 as "National Adoption Awareness Month" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution 11-172 as drafted. J. Presentation by Corine C. Williams, SLC Transit Coordinator V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 56, 57, 3 and 4 B. COUNTY ATTORNEY St. Lucie County International Airport - Consent to Assignment of Hangar Sublease from KJS, L.L.C. to Robinson Air Crane, Inc. Consider staff recommendation to consent to the Assignment of Sublease Agreement from KJS, L.L.C. to Robinson Air Crane, Inc. 2. Revocable License Agreement — Valerie J. Anderson — Bruno's Chocolate Factory Renovations Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Valerie J. Anderson to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 3. Revocable License Agreement — Dr. Thomas Carlos — Prima Vista Animal Hospital Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Dr. Thomas Carlos to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 4. Approve Contract Amendment for Mental Health/Substance Abuse services offered by New Horizons of the Treasure Coast Consider staff recommendation to approve the contract Amendment with New Horizons. The contract amendment will have a retroactive start date of October 1, 2011, incompliance with services rendered since the start of the 2011 /2012 budget year. Revocable License Agreement — Jessie and Leslie Pfeiffer — 5865 Jenkins Park Avenue Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Jessie and Leslie Pfeiffer to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Economic Development Council of St. Lucie County, Inc. — FY2011/2012 Grant Contract Consider staff recommendation to approve the proposed contract with the Economic Development Council of St. Lucie County, Inc., and authorize the Chairman to sign the contract. Logistics Center - Facilities Use Agreement with WPSL Christmas Kids of St. Lucie County Consider staff recommendation to approve the proposed Facilities Use Agreement with WPSL Christmas Kids of St. Lucie County, and authorize the Chairman to sign the contract. Park and Ride — Avenue D and North 8th Street — Percy Alexander Sr. and Robbie J. Alexander — Parcel I.D. 2410-601-0092-000-1 Consider staff recommendation to approve the Contracts for Sale and Purchase from Percy and Robbie Alexander, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. Resolution No.11-171 - Supporting the Adoption of a Ban on Texting while Driving Consider staff recommendation to adopt Resolution No.11-171 as drafted. 10. Logistics Center - Consent to First Amendment to Facilities Use Subagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NPS Consider staff recommendation to approve the proposed First Amendment to Facilities Use Subagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NPS, and authorize the Chairman to sign the Consent. B. COUNTY ATTORNEY CONTINUED 11. Park and Ride — Avenue D and North 8th Street — Robert Douglass — Parcel I.D. 2410- 601-0094-000-5 and 2410-601-0091-000-4 Consider staff recommendation to approve the Contract for Sale and Purchase from Robert Douglass, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. C. PARKS. RECREATION & FACILITIES Golf Course Rate Change Consider staff recommendation to approve of proposed rates and fees on Exhibit A, authorization for the County Administrator to approve future fee changes and authorization for the Chairman to execute documents as approved by the County Attorney. Staff also recommends approval of the Group Rate herein as shown in Exhibit B. 2. Golf Course Restaurant Rent Waiver Consider staff recommendation to approve of the Amendment to the Agreement between the County and Julius Management Group/Contract #CO2-08-616 as prepared by the County Attorney and authorization for the Chairman to sign. 3. Resolution,11-169, Interim Facility Use Policy Consider staff recommendation to approve Resolution No. 11-169, Facility Use Policy, as Interim Facility Use Policy for Parks and Recreation facilities as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney D. PUBLIC WORKS Engineering Division: 1. St. James Drive Pedestrian Walkway Phase II Consider staff recommendation to approve to reject bids, modify design to reduce project scope, and authorization for staff to rebid St. James Drive Pedestrian Walkway Phase II. Road & Bridge Division: 2. Bid No.11-041, Street Resurfacing Consider staff recommendation to approve to award Bid No. 11-041, Street Resurfacing, to the lowest responsive qualified bidder, Dickerson Florida, Incorporated of Fort Pierce and authorization for the Chairman to sign documents as approved by the County Attorney. i DDITIO tngmeering Division a 1 ort Pierce South Mine Consider staff recommendation to approve the scheduling of a public hearing to be hel� December 6,2011 at` 6 p.m. or soon thereafter to consider_ the request of Fort- Pierce South'Mine 'to increase the hours of operation E. SHERIFF'S OFFICE Permission to accept the 2011 Bulletproof Vest Partnership Grant Consider staff recommendation to approve Budget Resolution No. 11-167 and authorize the acceptance of the 2011 Bulletproof Vest Partnership Grant. F. HUMAN RESOURCES Compensation for Active Military Duty Consider staff recommendation to approve authorization to extend military leave benefits as delineated in Section 3.17 of the St. Lucie County Employee Handbook until September 30, 2012. G. ENVIRONMENTAL RESOURCES Gopher Tortoise Habitat Improvement Funding Assistance Consider staff recommendation to approve authorization to accept a reimbursement agreement in the amount of $13,000 from the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise habitat at Indrio Savannahs and Sheraton Scrub Preserves and to approve Budget Resolution No. 11-165. H. HOUSING & COMMUNITY SERVICES Small Cities Community Development Block Grant (CDBG) Grant Consider staff recommendation to approve of Budget Resolution No. 11-168 and authorization for the Chairman to sign the resolution as approved by the County Attorney. i DDITIO _ _ Community Development Block Grant Disaster Recovery Imfiative (CDBG DRI)-%ni Consider staff recommendation to approve of Budget Resolution No. 11-174 and, authorization for the Chairman to sign the resolution as approved by the County Attorney VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No.11-025 Relating to Secondary Metals Recyclers Consider staff recommendation to adopt Ordinance No. 11-025 and authorize the Chairman to sign the Ordinance. PULLED. PRIOR TO MEETING' B. COUNTY ATTORNEY Code Enforcement Case No. 66346 — 7808 Lakeside way, Fort Pierce, FL — Unsightly and Unsanitary Conditions and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety — Permission to order the owners to clean the property or St. Lucie County will have it abated and place a lien on the Property. Consider staff recommendation to authorize a 30 day notice be sent to the Property owners ordering them to remove the unsightly and unsanitary conditions on the Property, including, but not limited to, mowing the lawn, securing and cleaning the pool and boarding up the structure as required or St. Lucie County will have it cleared and repaired and place a lien on the Property. i ' C. COUNTY ATTORNEY Ordinance No. 11-030 — Solid Waste Exclusive Commercial Franchises Consider staff recommendation to adopt Ordinance No. 11-030 as revised and authorize the Chairman to sign the Ordinance. REGULAR AGENDA ADDITION (_III. COUNTY ATTORNEY Capital Improvement Refunding Revenue Note, Series 2011, Resolution No.11-17 ; Consider staff recommendation to adopt_ Resolution No. 11-175 and authorize the Chairman to sign the - - - -_ -_ Resolution, IX. ANNOUNCEMENTS The Board of County Commissioners will hold the November Informal Monthly meeting on Tuesday, November 8, 2011 at 9:00 a.m. in Conference Room #3. 2. The Board of County Commissioners will hold a Budget Workshop on Tuesday, November 8, 2011 immediately following the November Informal Monthly meeting in Conference Room #3. 3. County offices will be closed on Friday, November 11, 2011 to observe Veteran's Day. 4. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 15, 2011 at 9:00 a.m. in the County Commission Chamber. County offices will be closed on Thursday, November 24, 2011 and Friday, November 25, 2011 to observe Thanksgiving. A public hearing will be held by the Blueway Advisory Committee on December 1, 2011 at 6 pm in Conference Room 3 of the County Administration Building to discuss the FDEP-required Land Management Plans for the following sites: Harbor Branch Preserve, Stan Blum Memorial Boat Launch, Pepper Park Beach, South Ocean Beach Park, Raccoon Island, Surfside Park, John Brooks Park and Blind Creek Park. 7. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, December 13, 2011 at 9:00 a.m. in Conference Room #3. 8. County offices will be closed on Friday, December 23, 2011 and Monday, December 26, 2010 to observe Christmas. 9. County offices will be closed on Monday, January 2, 2012 to observe New Years. 10. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, January 10, 2012 at 9:00 a.m. in Conference Room #3. 11. The Board of County Commissioners will hold a Budget Workshop on Tuesday, January 24, 2012 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 10/28/11 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #4 - 22-OCT-2011 TO 28-OCT-2011 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 137,233.39 487,590.41 001194 U.S. Dept of Housing & Community 22.63 295.80 001413 FL Dept. Of Transp Park & Ride 7,571.95 0.00 001446 EMPA FY12 119.00 0.00 001447 FTCD Planning Grant Agr FY11-12 25.36 335.53 001509 US Dept of Housing CDBG 09 10,057.00 0.00 001512 Neighborhood Stabilization Program 1,105.96 1,395.49 001518 Section 112/MPO/FHWA/Planning 622.92 8,309.87 001319 CDBG FY 2008 Disaster Recovery 20,745.03 1,039.32 001527 SRL - 10701 S. Ocean Dr. 2.47 34.29 001534 Metropolitan Planning/Section 5303 671.97 2,918.87 001537 HUD Shelter Plus Care 2010 22.63 295.80 001538 HUD Neighborhood Stab 3 115.26 1,059.41 001539 Safe Routes to School Program 6B.34 902.47 001541 CSBG FY12 173.22 2,477.96 001823 INTACT 144.00 0.00 101 Transportation Trust Fund 3,207.85 31,624.47 101001 Transportation Trust Interlocals 84.63 1,237.60 101002 Transportation Trust/BOo Constitut 24,782.75 44,410.67 101003 Transportation Trust/Local Option 4,014.67 14,132.16 101004 Transportation Trust/County Fuel Tx 17,335.36 16,206.97 102 Unincorporated Services Fund 6,888.97 66,488.96 102001 Drainage Maintenance MSTU 4,588.40 11,191.31 102812 Paradise Park Stormwater Ph 3 1,914.98 6,903.62 107 Fine & Forfeiture Fund 14,622.74 142,814.84 107001 Fine & Forfeiture Fund -Wireless Sur 69.76 915.77 107002 Fine & Forfeiture Fund-E911 Surchar 69.75 915.77 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,641.61 0.00 107006 F&F Fund -Court Related Technology 2,247.45 8,736.95 107167 Edward Byrne Mem JAG 2010 Local Sol 30,204.10 0.00 ill River Park I Fund 2,841.26 0.00 112 River Park II Fund 612.75 0.00 113 Harmony Heights 3 Fund 234.66 0.00 114 Harmony Heights 4 Fund 515.44 0.00 116 Sunland Gardens Fund 573.99 0.00 117 Sunrise Park Fund 142.75 0.00 119 Holiday Pines Fund 875.99 0.00 120 The Grove Fund 180.38 0.00 122 Indian River Estates Fund 1,014.69 0.00 123 Queens Cove Lighting Dist#13 Fund 361.93 0.00 126 Southern Oak Estates Lighting 126.03 0.00 127 Pine Hollow Street Lighting MSTU 382.06 0.00 128 Kings Hwy Industrial Park Lighting 507.63 0.00 130102 FTA 5307-ARRA 2009 Capital Projects 38,302.98 0.00 130109 FTA 5307 Capital and Operating 150.36 2,085.83 130204 FDOT - Intermodal Facility Grant 27,143.28 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,780.03 0.00 138 Palm Lake Gardens MSTU Fund 260.35 0.00 10/28/11 FZABWARR FUND TITLE 139 140 150 160 162 183 183001 183004 183006 185012 189102 189103 189104 189105 189203 190 310001 401 418 451 458 471 478 479 491 505 505001 611 625 650 801 ST. LUCIE COUNTY - BOARD WARRANT LIST *4 - 22-OCT-2011 TO 28-OCT-2011 FUND SUMMARY Palm Grove Fund Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir Ct Administrators-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2010-2011 Home Consortium 2009 Home Consortium FY 2010 HUD Housing Counseling Grant HUD Housing Counseling Grant Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Agency Fund Bank Fund GRAND TOTAL: EXPENSES 765.76 1,248.86 .109.92 38,457.59 7,632.08 6,749.44 340.00 2,097.71 14,967.52 44.90 5,021.44 7,841.82 180.76 1.90 8.81 11,113.87 873.14 100,571.14 5,690.66 1, 263.53 5G.23 936.71 91.82 77.35 1,668.24 934,960.31 370.31 919.26 9,968.56 2,990.67 197,300.55 1,721,695.57 PAGE PAYROLL 0.00 11,472.16 1,523.20 3,110.46 0.00 3,105.65 0.00 3,183.42 0.00 603.08 436.86 1,145.14 1,724.35 26.43 122.21 16, 723. 65 0.00 50,514.36 15,887.39 4,418.87 686.16 7,173.99 1,255.04 1,045.92 16,877.58 1,186.41 4,929.37 2,450.61 0.00 0.00 0.00 1,003,922.45 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Fort Pierce South Mine BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A E. AllDMQN4 ITEM NO. DATE: 11/1/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Michael Powley, P.E. County Engineer PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to schedule a public hearing to be held December 6, 2011 at 6:00 p.m. or soon thereafter to consider the request of Ft. Pierce South Mine to increase the hours of operation. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney (x ) Faye W. Outlaw, MPA County Administrator Coordination/Signatures Originating Dept. Daniel McIntyre Planning & Dev. ( x ) Director 49 Mark Satterlee Fort Pierce South Mine after hours work request PH.ag (x) o. D nald West County Engineer (x ) Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director ,' FROM: Michael Powley, County Engineer MVP DATE: November 1, 2011 SUBJECT: Fort Pierce South Mine ITEM NO. VI-G4 Background: To expedite the widening of 1-95 in St. Lucie County, the Florida Department of Transportation (FDOT) has utilized the design/build concept. The segment of 1-95 between Okeechobee Road (SR70) and Indrio Road (SR614) has been awarded to the team that includes the Stewart Mine owned by Florida Resources. This mine operates under a mining permit issued by the Board of County Commissioners. The hours of operation, per the permit, are 6:00 a.m. to 6:00 p.m. Monday through Saturday. In order to reduce the costs of the construction, as well as to lessen the impact on the traveling public, the design/build team proposes to complete much of the work at night. A modification of the mining permit is necessary in order to permit an increase of hours of operation to provide material at night. Previous Action: March 15, 2005 — BOCC approved permission to schedule a Public Hearing. April 19, 2005 — BOCC approved conditional use and mining permit for Ft. Pierce South Mine. March 24, 2009 — BOCC approved permission to schedule a Public Hearing. May 5, 2009 —BOCC approval of the Ft. Pierce South Mine Expansion. Recommendation: Board approval to schedule a public hearing to be held December 6, 2011 at 6:00 p.m. or soon thereafter to consider the request of Ft. Pierce South Mine to increase the hours of operation. AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana WesloskiL SUBMITTED BY. Community Services/Housing Division Housing Manager SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grant BACKGROUND: The Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) is a federal program that provides funding for low-income residents located in communities that have been affected by a natural disaster. Congress appropriates additional funding for the CDBG program as Disaster Recovery grants to rebuild affected areas and provide money to start the recovery process. FUNDS AVAILABLE: 001113-5420-331510-500 CDBG DRI PREVIOUS ACTION: September 2, 2008 - Approved modification number one. June 9, 2009 - Approved modification number two. July 14, 2009 - Approved modification number three. January 12, 2010 - Approved modification number four. October 12, 2010 - Approved modification number five. December 6, 2010 - Approved modification number six. August 9, 2011 —Approved modification number seven. RECOMMENDATION: Board approval of Budget Resolution 11-174 and authorization for the Chairman to sign the resolution as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Originating Dept. ( ) Daniel S. McIntyre 1 Beth Ryder ERD ( ) �\tk _J_q� Marie Gouin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissio ers THROUGH: Beth Ryder, Director'_% f FROM: Diana Wesloski, Housing Manager DATE: 11 /1 /2011 SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grant ITEM NO. VI-H2 Background: The Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) is a federal program that provides funding for low-income residents located in communities that have been affected by a natural disaster. Congress appropriates additional funding for the CDBG program as Disaster Recovery grants to rebuild affected areas and provide money to start the. recovery process. Modification number seven was approved on September 30, 2011 by the Department of Economic Opportunity and received by St. Lucie County on October 20, 2011. This modification extended the grant until November 13, 2011 to expend all funds. It was discovered on October 28, 2011 the budget for this grant was not rolled over into FY12 because the grant expired prior to the modification approval This item is time sensitive and needs to be approved prior to November 13, 2011. Recommendation Board approval of Budget Resolution 11-174 and authorization for the Chairman to sign the resolution as approved by the County Attorney. RESOLUTION NO. 11-174 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 become available from the US Dept. of Housing & Urban Development, in the amount of $65,016. WHEREAS, Section 12..9.06 (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 St. Lucie County, Florida, in meeting assembled this 1st day of November, 2011, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the County's budget is hereby amended as follows: REVENUE 001113-5420-331510-500 US Dept. of Housing & Urban Dev. $65,016 APPROPRIATIONS 001113-5420-512000-500 Salaries $ 96 001113-5420-583000-500 Other Grants and Aids $64,920 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis. XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 1ST DAY OF NOVEMBER 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY STATE OF FLORMA --P J�EPARJMENT OF COMMUNITY AFFAIR& - RICK SCOTT Governor "Dedicated to making Florida a better place to call home" September 30, 2011 BILLY BUZZETT Secretary i€311 Mrs. Faye Outlaw, MPA C} C o i . County Administrator, St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 fit, Lude CounV community Services Re: Disaster.Recovery Community Development Block Grant (CDBG) Program Contract Number 08DB-D3-10-66-01-A 05— St. Lucie County Modification Number 7 Dear Mrs. Outlaw: A review of the proposed Modification Number 7 to the referenced sub -grant agreement, transmitted under cover of your letter dated August 9, 2011, has been completed. The review indicates that the County's request for reinstatement and extension, revised budget, scope of work and activity work plans and change in number of accomplishments and/or beneficiaries appear to be in accordance with program requirements. The requested extension mentioned above is for approximately 2.5 months. Your request to implement these changes for your contract is approved. An approved copy of the fully executed modification is enclosed with this letter. Please retain the modification in the official CDBG sub grant files. If you any have questions regarding this matter, please contact Adrian Burgess via email at adriane.burgess@dca.state.fl.us or at the office at (850) 410-087.1. Sincerely, Bob Dennis; Community Program Manager Florida Department of Community Affairs CDBG Disaster. Recovery Initiative BD/ab cc: Lee Ann Lowery, Assistant County Administrator, St. Lucie County Beth .Ryder, Director of Housing and Community Services, St. Lucie County Diana Wesloski, St. Lucie County 0CT �� 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Website: www.dca.state.fl.us e COMMUNITY PLANNING 850.488.1.356 (p) 850 488-3309 (f) 4 FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921.1747 (f) o HOUSING AND COMMUNITY DEVELOPMENT 850.488-7956 (p) 850-922.5623 (0 4 Department of Community Affairs — Community Development Block Grant/olsaster Recovery Program Modification to SUbgrant Agreement 4126//2011 MODIFICATION NUMBER 7 TO SUBGRANT AGREEMENTBETWEEN THE DEPARTIMENT OF COMMUNITY AFFAIRS AND T. LUCIE COUNTY This Modific . ation is made and entered into by and between the State of Florida, Department of Community Affairs, ("the Department), and St. Lude County, ("the Recipient"), to modify DCA Contract Number 08DB-D3-10-66-01-AOS, award dated May 14, 2008'("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $4,501,561.79; to Recipient under the Community Development Block Grant/Disaster Recovery Program ("CDBG/DRP") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: IM Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expir . ed. Z Extend Agreement ,2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of November 13. 2011. Revise Activity Work Plan 3, The Attachment B or 1, Activity Work Plan section of the Agree* ment is hereby deleted. and is - replaced by the revised Attachment B or 1, Activity Work Plan section, which is attached hereto and incorporated herein by reference. Z Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and i neorporated herein by reference. Department of Community Affairs — Community Development Block Grant/Disaster Recovery Program Modification to Subgrant Agreement 4126//2011 MadiflcationNumber: 7 DCA Contract Number: 08DB-D3-10-66-01-A05 Recipient: St. Lucie C2aitj Page 2 M Change in Participating .Parties 5. The Attachment A, Program Budget and Scope of Work section, is hereby modified to delete all rekrences to "(Type in. name, if applicable.,)," as the Participating Party, and replace them with "kiype in, name, if applicable.)" as the Participating Party with the understanding. that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. F] Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. 7. The Attachment B or 1, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B or I Activity Work Plan section, which is attached hereto and incorporated herein by reference. Change in Number of Accomplishments an . d/or Beneficiaries 8. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. F-1 Other: (Type in the reason for the modification.) All provisions (if the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and affect, and are to be performed at the level specified in UicAarcernent. 0 Department of Community Affairs -- Community Development Mack Grant/Disaster Recovery Program . Modification to SUbgrant Agreement 4/261/2011 Modification Number; 7 DCA. Contract Number: O-M-itl=fiG-01-A05 Recipient: St. Lucie Cqa it 'age 3 IN WITNESS WHEREOF, the parties hereto have executed this. document as of the dates set herein. Department of Community Affairs Recipients St._ Lucie County Name: Ken Reecy Name: Faye Outlaw, MPA Title: Director, Division of Housing Title: County Administrator and Community Development Date: Date: 61. z ui t' uj LL. LU LLI Z 4z E Lu 0 LO C:) 9 co (0 N a o co 0 t 0 P CO 00 co 0 NO CL I .0 U. LL E f- cli 00 LL j LL cm O co 0) q Id Cld sun) V) C6 to CL Vf 49. 400 0. (D to W 0) U) E to ,D xn VO ID: E . . 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C C C N q n f(i -Z>_ 4qA q - q ut q eC u d Dir- q O i 14 C] q tll tlJ q U rH 1-4 4. 0 C7`4 _ L U) tU v 1 N C N Q Q N ri q O L Q r i O t (D � r X �/V � � p qC U U y oCmU- a- 0 om q� � a ro ��tii>) fD m a) e ra to q ch v ��C� cu (14 I a ©� 0v cW a mw to 0 o"MU CL W) r^f .b,.i w emt - q �W' U ��'7 "-+ G en .(AF-� L � LLU)�(A CL w � V)hU 5 AGENDA REQUEST ITEM NO VIII iDITION DATE: November 1, 2011 REGULAR [XX) ADDITION PUBLIC HEARING [J CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [) APPROVED [ ] DENIED [) OTHER: County Attorney Capital Improvement Refunding Revenue Note, Series 2011; Resolution No.11-175 See attached memorandum Staff recommends that the Board adopt Resolution No.11-175 and authorize the Chairman to sign the Resolution. CONCURRENCE: Faye W. Outlaw, MPA County Administrator 4� Review and Approvals County Attorney: Management & Budget Purchasing: _ Daniel S. McIntyre �(. M Gouin Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Shai Francis Eff. S/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 11-1488 DATE: October 28, 2011 SUBJECT: Capital Improvement Refunding Revenue Note, Series 2012; Resolution No. 11-175 BACKGROUND: In June of 2008, the County issued Capital Improvement Refunding Revenue Note, Series 2008 to refund outstanding debt. The current interest rate on the 2008 note is 4.23% and the annual debt service is approximately $1,180,00. The County's financial advisor, Public Financial Management (PFM) solicited proposals from lending institutions to see if debt service savings could be achieved. As outlined in Mr. Glover's October 27, 2011 memorandum, the County received four (4) proposals. After reviewing the proposals, PFM determined that SunTrust Equipment Finance & Leasing Corp. provided the lowest interest rate and terms most favorable to the County. According to PFM, if the County accepts the SunTrust proposal, the County will achieve net present value debt service savings of approximately $1,170,000 or $120,000 per year. PFM recommends selecting SunTrust Equipment Finance & Leasing Corp. as the loan provider for the 2011 Note based on the interest rate and favorable terms provided in their proposal. Also attached is a copy of Resolution No.11-175 and a draft Loan Agreement as prepared by the County's Bond Counsel. Adoption of the resolution would authorize the refunding of the County's Capital Improvement Refunding Revenue Note, Series 2008 and award the loan proposal to SunTrust Equipment Finance & Leasing Corp. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No.11-175 and authorize the Chairman to sign the Resolution. Daniel S. McIntyre County Attorney , DSM/caf Attachments �FM' The PFM Group Public Financial Management, Inc. PFM Asset Management LLC PFM Advisors Memorandum Lincoln Plaza Suite 1170 300 S. Orange Avenue Orlando, FL 32801-3470 To: Dan McIntyre, County Attorney Marie Gouin, Office of Management and Budget Director 407,848-2208 407-648-1323fax www.Plm.com October 27, 2011 From: Jay Glover, Public Financial Management Re: Capital Improvement Refunding Revenue Note, Series 2011-- Recommendation Memo In June of 2008, St. Lucie County (the "County' issued Capital Improvement Refunding Revenue Note, Series 2008 (the "2008 Note' to refund outstanding debt. The current interest rate on the 2008 Note is 4.23% and annual debt service is approximately $1,180,000 through 2022. Public Financial Management (PFM), the County's financial advisor, made the County aware of the opportunity to refund the 2008 Note for debt service savings based on current market conditions. At the County's direction, PFM distributed a request for proposals to identify the lending institution that could provide the County with a fixed rate, term loan at the lowest overall borrowing cost and terms most favorable to the County in order to refund the 2008 Note. Prior to the submittal deadline (October.21, 2011) the County received four (4) proposals from the following firms: JP Morgan Chase Bank, PNC Bank, SunTrust Equipment Finance & Leasing Corp. and Wells Fargo Bank. A summary of each proposal is included as Exhibit A. Based on PFM's review, it was determined that SunTrust Equipment Finance & Leasing Corp. provided the lowest interest rate and terms most favorable to the County. The proposed interest rate of 2.167% is fixed through maturity of the loan and will be held until November 22, 2011 thus eliminate any risk associated with rising interest rates between now and the closing date. In addition, the loan is pre -payable on any payment date without penalty. By accepting the proposal of SunTrust Equipment Finance & Leasing Corp. and issuing the Capital Improvement Refunding Revenue Note, Series 2011 (the "2011 Note', the County will achieve net present value debt service savings of approximately $1,170,000 or 11.45% of the refunded par amount. This equates to approximately $120,000 of annual savings through 2022. PFM recommends selecting SunTrust Equipment Finance & Leasing Corp. as the loan provider for the 2011 Note based on the interest rate and favorable terms provided in their proposal. z s a n Z A S qq F� J $L L CL (} ,X { &' _ y r,� 4 L � � Yqq •l. Ras o e S Y==SY e e ,�.� c O � 6 ve E All n R 3r 3 -C - �[y C C ee � yyY Y Pli EG L y a e a _ e pp �r ca y M v, w H •1 'a c RESOLUTION NO. 11- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE REFUNDING OF -THE COUNTY'S CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2008; PROVIDING FOR BORROWING THE PRINCIPAL AMOUNT NOT TO EXCEED $10,500,000 ON A TERM LOAN BASIS FROM SUNTRUST EQUIPMENT FINANCE & LEASING CORP., TO PAY COSTS ASSOCIATED WITH SUCH REFUNDING; PROVIDING FOR THE ISSUANCE OF A CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2011 TO EVIDENCE THE COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN; 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 LEGALLY AVAILABLE NON -AD VALOREM REVENUES IN AMOUNTS NECESSARY TO PAY THE PRINCIPAL OF AND INTEREST ON SUCH NOTE AND ALL OBLIGATIONS DUE THEREUNDER; 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, FloridaStatutes, 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. 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 defined shall have the meaning set forth in the Loan Agreement. "Act" means Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of the Board of the County, as amended, and other applicable provisions of law. "Board" means the Board of County Commissioners, as the governing body of the County. "Bond Counsel" means Bryant Miller Olive P.A. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court of the County 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, a political subdivision of the State of Florida. "County Administrator" means_ the County Administrator of the County, as the chief administrative officer or the County Administrator's designee. "Covenant" means the covenant to budget and appropriate moneys to pay the Note contained in Section 10 of the Loan Agreement. "Director" means the Director of the Office of Management and Budget of the County. "Financial Advisor"' means Public Financial Management, Inc., Orlando, Florida. ."Loan" means the advance of moneys from the Purchaser to the County pursuant to the Loan Agreement. "Loan Agreement" means the agreement between the Purchaser and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A with such modifications or changes thereto as may be necessary or desirable, in the opinion of the County Administrator, upon the advice and recommendation of the Financial Advisor, the County Attorney, and Bond Counsel, to conform the terms thereof to the terms of the Proposal or to secure for the County any additional rights or privileges not inconsistent with the terms of the Proposal, such approval to be presumed by the, execution and delivery thereof by the County to the Purchaser. "Non -Ad Valorem Revenues" means all (a) revenues received by the County from sources other than the levy of ad valorem taxes upon property and (b) legally available for payment of the principal of and interest on the Note. "Note" means the St. Lucie County, Florida, Capital Improvement Refunding Revenue Note, Series 2011, authorized herein, in substantially the form attached to the Loan Agreement as Exhibit A, with such modifications or changes thereto as may be necessary or desirable; in the opinion of the County Administrator, upon the advice and recommendation of the Financial Advisor, the County Attorney, and Bond Counsel, to conform the terms thereof to the terms of the Proposal or to secure for the County any additional rights or privileges not inconsistent with the terms of the Proposal, such approval to be presumed by the execution and delivery thereof by the County to the Purchaser. "Pledged Revenues" means the Non -Ad Valorem Revenues budgeted, appropriated and deposited into the sinking fund established under the Loan Agreement pursuant to the Covenant. 701 "Proposal" means the Proposal dated October 21, 2011, for purchase of the Note and the provision of a term loan financing, submitted to the County by the Purchaser and accepted by the County, and attached to the Loan Agreement as Exhibit B. "Purchaser" means SunTrust Equipment Finance & Leasing Corp., 300 East Joppa Road, 7th Floor, Towson, Maryland 21286, a corporation organized and existing under the laws of the Commonwealth of Virginia and authorized to do business in the State of Florida and its successors and/or assigns. "Refunded Note" means the Series 2008 Note. "Resolution" means, collectively, this resolution and all resolutions amendatory hereof and supplemental hereto. "Series 2008 Note" means the St. Lucie County, Florida Capital Improvement Refunding Revenue Note, Series 2008 currently outstanding in the principal amount of $10,238,000.00. SECTION 3. FINDINGS. It is hereby found, declared, and determined by the Board. (A) The Board deems it necessary and desirable and in the best interests of the health, safety and welfare of the residents of the County that the County refund the Refunded Note. The County is authorized pursuant to the provisions of the Act to refund the Refunded Note. (B) The County is without adequate, currently available funds to retire the Refunded Note and it is necessary and desirable and in the best interests of the County and its residents that the County borrow the moneys necessary to refund the Refunded Note. The County is authorized pursuant to the provisions of the Act to borrow moneys to refund the Refunded Note. (C) The County has solicited proposals from lending institutions for the Loan, the results of which have been tabulated, by the Financial Advisor. Pursuant to the Financial Advisor's advice, the Director determined that the Purchaser's Proposal contained terms most favorable to the County. (D) Because of the complex nature of the Loan, the Note and the Loan Agreement, the nature of the security -for the Loan, and the fact that the Note is not expected to be rated or insured, it is in the best interests of the County to sell the Note to and obtain the Loan from the Purchaser pursuant to a negotiated placement and in accordance with the terms of the Proposal. 3 (E) It is necessary and desirable and in the best interests of the health, safety and welfare of the County and its residents to provide for the securing of the County's obligation to repay the Loan by making and entering into the Covenant, executing and delivering the Loan Agreement, and issuing the Note in connection therewith. The County is authorized pursuant to the provisions of the Act to secure the Note with the Pledged Revenues. (F) The obligation of the County to repay the Note in accordance with its terms and to make the payments required under the Loan Agreement is hereby declared to be and shall be a special, limited obligation of the County, secured solely by the Pledged Revenues. The obligation of the County to repay the Note in accordance with its terms and to make any other payments, if any, required under the Note or the Loan Agreement shall not be or constitute a general obligation or indebtedness of the County and neither the Note nor the Loan Agreement shall be or constitute a 'bond" of the County within the meaning of Article VII, Section 12, Florida Constitution (1968). Neither the Purchaser nor any successor owner of the Note shall be entitled to compel the payment of the principal of or interest on the Note or the making of any payments required under the Note or the Loan Agreement from any moneys of the County other than the Pledged Revenues. In particular, neither the Purchaser nor any successor owner, of the Note shall be entitled to compel the levy of ad valorem taxes by the County to pay the principal of and interest on the Note or to make any payments required under the terms of the Loan Agreement or in order to maintain services or activities that generate Non -Ad Valorem Revenues. Furthermore, the obligation of the County to repay the Note in accordance with its terms and to make the payments, if any, required under the Loan Agreement shall not constitute alien upon or pledge of an interest in the projects financed by the Refunded Note or any other property of or in the County, but, shall constitute a lien only upon the Pledged Revenues. SECTION 4. APPROVAL OF PROPOSAL. The County hereby accepts the Purchaser's Proposal. The County Attorney and Bond Counsel, are hereby authorized and directed to proceed to prepare the necessary documents to consummate the Loan. SECTION 5. AUTHORIZATION OF NOTE. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Proposal, the issuance by the County of its Capital Improvement Refunding Revenue Note, Series 2011, in a principal amount not to exceed Ten Million Five Hundred Thousand Dollars ($10,500,000), 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 Proposal, and to be secured solely by the Pledged Revenues, is hereby authorized. SECTION 6. APPROVAL OF FORM OF AND DELIVERY OF LOAN AGREEMENT AND NOTE. The Loan Agreement attached hereto as Exhibit A. and the Note attached thereto and incorporated herein by this reference, in substantially the forms provided, are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver such documents and to make such changes and take such other actions as shall be necessary to consummate the Loan. 4 SECTION 7. DELIVERY OF NOTE. The delivery of the Note to the Purchaser is hereby authorized. The Chairman, the Clerk, the County Administrator, the Director, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the 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 desirable in connection with the execution and delivery of the Note to the Purchaser, including, but not limited to, modifications to the Loan Agreement and the Note to conform to or supplement the Proposal. SECTION 8. APPLICATION OF PROCEEDS OF NOTE. Immediately upon receipt from the Purchaser, the County shall apply the proceeds of the Note as follows: (a) a sufficient amount of the proceeds shall be used by the County to pay for the costs and expenses associated with issuing the Note and borrowing the Loan; and (b) a sufficient amount of the proceeds shall be transferred to SunTrust Equipment Finance & Leasing Corp., as the holder of the Series 2008 Note to pay all outstanding payments due thereunder. SECTION 9. AUTHORIZATION OF OTHER ACTION. The Chairman, the Clerk, the County Administrator, and the Director are each hereby designated agents of the County in connection with the execution and delivery of the Loan Agreement and the Note and the refunding of the Refunded Note and are hereby 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 desirable in connection with the execution and delivery of the Loan Agreement and the Note to the Purchaser, including, but not limited to, the making of modifications to the Loan Agreement and the Note to conform the provisions thereof to the provisions of the Proposal. SECTION 10. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. SECTION 11. SEVERABILI TY. If any one 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 from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of this resolution or of the Note or Loan Agreement delivered hereunder. SECTION 12. AMENDMENT. After the issuance of the Note, the resolution may not be amended or repealed except with the prior written consent of the Purchaser. 5 SECTION 13. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 1st day of November, 2011, at a regular meeting duly called and held. (SEAL) ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board ST. LUCIE COUNTY, FLORIDA By: Chairman, board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney LOAN AGREEMENT by and between ST. LUCIE COUNTY, FLORIDA and SUNTRUST EQUIPMENT FINANCE & LEASING CORP. Dated November 2011 relating to ST. LUCIE COUNTY, FLORIDA CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2011 TABLE OF CONTENTS P� SECTION1. DEFINITIONS............................................................ :............................................ 2 SECTION2. INTERPRETATION.................................................................................................................... 4 SECTION3. THE LOAN.................................................................................................................................. 5 SECTION 4. DESCRIPTION OF NOTE .......................................................................................................... 5 SECTION 5. EXECUTION OF NOTE......................................................................................................... 5 SECTION 6. REGISTRATION AND TRANSFER OF NOTE...................................................................... 5 SECTION 7. NOTE MUTILATED, DESTROYED, STOLEN OR LOST ..................................................... 6 SECTION8. FORM OF NOTE......................................................:..................................:............................... 7 SECTION 9. SECURITY FOR NOTE; NOTE NOT DEBT OF THE COUNTY; SINKING FUND.......... 7 SECTION 10. COVENANTS OF THE COUNTY............................................................................................ 7 SECTION 11. REPRESENTATIONS AND WARRANTIES........................................................................... 9 SECTION 12. CONDITIONS PRECEDENT...................................................................................................10 SECTION13. NOTICES ................. :......:.................................................................................................:..........11 SECTION 14. EVENTS OF DEFAULT DEFINED..........................................................................................11 SECTION15. REMEDIES..................................................................................................................................12 SECTION 16. NO PERSONAL LIABILITY..........................:..........................................................................12 SECTION 17. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS................................13 SECTION 18. AMENDMENTS, CHANGES AND MODIFICATIONS......................................................13 SECTION19. BINDING EFFECT.....................................................................................................................13 SECTION20. SEVERABILITY..........................................................................................................................13 SECTION 21. EXECUTION IN COUNTERPARTS.......................................................................................13 SECTION22. APPLICABLE LAW...................................................................................................................13 i This LOAN AGREEMENT is made and entered into as of November , 2011 by and between ST. LUCIE COUNTY, FLORIDA (the "County"), and SUNTRUST EQUIPMENT FINANCE & LEASING CORP., a . corporation organized and existing under the laws of the .Commonwealth of Virginia and authorized to do business in the State of Florida (the "Purchaser"). WITNESSETH: WHEREAS, the County has previously determined that it is necessary, desirable and in the best interests of the County and its inhabitants that the County refund the Refunded Note (as hereinafter defined), and that said refunding will serve essential public purposes of the County; and WHEREAS, the County has determined that it is without adequate currently available funds to retire the Refunded Note and that it will be necessary that funds be made available to the County in order to refund the Refunded Note; and WHEREAS, the County requested proposals from various lending institutions to provide the County with a term loan to finance the refunding of the Refunded Note; and WHEREAS, pursuant to the Proposal, a copy of which is attached hereto as Exhibit B, the Purchaser has agreed to lend the County an aggregate principal amount not to exceed $10,500,000 to refund. the Refunded Note; and WHEREAS, the Proposal was determined to be the lowest cost and most responsive proposal submitted; and WHEREAS, pursuant to the Resolution, the County has determined that it is in the best interest of the health, safety and welfare of the County and the inhabitants thereof that the County enter into the Covenant contained in Section 10 herein to secure the obligations of the County to repay the principal of and interest on the Note when due; and WHEREAS, the obligation of the County to repay principal of and interest on the Note will not constitute a general obligation or indebtedness of the County as a 'bond" within the meaning of any provision of the Constitution or laws of the State, but shall be and is hereby declared to be a special, limited obligation of the County, secured solely by the Non -Ad Valorem Revenues budgeted and appropriated and deposited to the credit of the Sinking Fund in the manner provided herein (the "Pledged Revenues"); and WHEREAS, the County is not authorized to levy taxes on any property of or in the County to pay the principal of or interest on the Note or to make any other payments provided for herein; and 1 WHEREAS, neither the Note nor any interest granted to the Purchaser herein shall be or constitute a lien upon the projects financed by the Refunded Note or upon any other property of or in the County; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SECTION 1. DEFINITIONS. Capitalized terms used in this Loan Agreement and not defined in this Section 1 shall have the meanings assigned in the Resolution. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: "Act" means Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions of law. "Authorized County Representative" means the Chairman, the County Administrator or their designees. "Authorized Investments". means any investment, obligation, agreement or other financial instrument to the extent not inconsistent with the terms of the investment policy of the County and applicable law. "Board" means the Board of County Commissioners of the County, as the governing body of the County. "Bond Counsel" means Bryant Miller Olive P.A. "Business Day" means any day of the year other than a day on which the Purchaser or the County are lawfully closed for business. "Chairman' means the Chairman of the Board, or, in the Chairman's absence, the Vice - Chairman of the Board, or such other person as may be duly authorized, to act on the Chairman's behalf. "Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case may be, on the Clerk's behalf. "Code" means the Internal Revenue Code of 1986, as amended. "County" means St. Lucie County, Florida. "County Administrator" means the County Administrator, as the chief operating officer of the County. FA "Covenant" means the County's covenant to budget and appropriate Non -Ad Valorem Revenues to pay the Note and the interest thereon, as set forth in Section 10 hereof. "Date of Delivery" means November 2011. "Default" means an Event of Default as defined and described in Section 15 hereof. "Director" means the County's Director of the Office of Budget and Management. "Fiscal Year" means the period from each October 1 to the succeeding September 30. "Interest Payment Date" means each April 1 and October 1, commencing April 1, 2012, through and including October 1, 2022. "Interest Rate" means the rate of interest payable on the Note authorized by the Resolution and described in the Form of Note attached hereto as Exhibit A. "Loan" means the advance of moneys from the Purchaser to the County pursuant to this Loan Agreement. "Loan Agreement" means this agreement between the Purchaser and the County setting forth the terms and details of the Loan. "Maturity Date" means October 1, 2022. "Note" means the Capital Improvement Refunding Revenue Note, Series 2011, of the County, substantially in the form attached hereto as Exhibit A. "Non Ad Valorem Revenues" means all revenues (a) received by the County from sources other than the levy of ad valorem taxes upon property and (b) legally available for payment of the principal of and interest on the Note. "Paying Agent" means the Clerk. "Payment Date" means both the Interest Payment Dates and the Principal Payment Dates. "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities, and natural persons. "Pledged Revenues" means, the Non -Ad Valorem Revenues budgeted, appropriated and deposited into the Sinking Fund pursuant to the Covenant. "Principal Amount" means 3 Dollars 'Principal Payment Date" .means each October 1, commencing October 1, 2012 and continuing through October 1, 2022. "Proposal" means the Proposal dated October 21, 2011, for purchase of the Note and the provision of a term loan financing, submitted to the County by the Purchaser and accepted by the County, and attached hereto as Exhibit B. 'Purchaser' means SunTrust Equipment Finance & Leasing Corp., 300 East Joppa Road, 7th Floor, Towson, Maryland 21286, a corporation organized and existing under the laws of the Commonwealth of Virginia and authorized to do business in the State of Florida and its successors and/or assigns. "Refunded Note" means the Series 2008 Note. 'Register' means the books maintained by the Registrar in which are recorded the name and address of the Registered Owner of the Note. "Registered Owner" means the person in whose name the ownership of the Note is registered on the books maintained by the Registrar. The initial Registered Owner shall be the Purchaser. 'Registrar' means the Person maintaining the Register. The Registrar shall initially be the Clerk. "Regulations" means the Income Tax Regulations promulgated by the Internal Revenue Service under Sections 103 and 141 through 150 of the Code. "Resolution" means Resolution No. 11- adopted by the County on November 1, 2011, as may be amended and supplemented from time to time "Series 2008 Note" means the St. Lucie County, Florida Capital Improvement Refunding Revenue Note, Series 2008, dated June 25, 2008, currently outstanding in the principal amount of $10,238,000.00. "Sinking Fund" means the fund created pursuant to Section 9 hereof. "State" means the State of Florida. SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Loan Agreement and all the terms and provisions hereof (a) have been negotiated between the County and the Purchaser; (b) shall not be construed strictly in favor of or against either party hereto; and (c) shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. 4 SECTION 3. THE LOAN. A. Loan. The Purchaser hereby makes and the County hereby accepts the Loan, upon the terms and conditions set forth herein. B. Disbursement of Proceeds. Proceeds of the Loan shall be delivered by the Purchaser to the County on the Date of Delivery by 2.00 p.m. in immediately available funds. SECTION 4. DESCRIPTION OF NOTE. The obligation of the County to repay the Loan shall be evidenced by the Note. The Note shall be dated as of the Date of Delivery; shall mature on the Maturity Date; and shall be in registered form. The Interest Rate on the Note shall be a fixed rate of interest equal to 2.167%. Interest on the Note shall be calculated using a 360-day year consisting of twelve 30-day months. Interest on the Note shall be paid semiannually on each Interest Payment Date, commencing April 1, 2012. On each Principal Payment Date, the County shall pay an annual installment of the outstanding principal due on the Note in an amount that would result in approximately level annual debt service payments for each remaining year prior to the Maturity Date. The County may prepay the Note, in whole or in part, at anytime without penalty after giving the Purchaser at least twenty-one (21) days advance notice. SECTION 5. EXECUTION OF NOTE. The Note shall be executed in the name of the County by the Chairman and attested by the Clerk, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The Note may be signed and sealed on behalf of the County by any person who at the actual time of the execution of the Note shall hold the appropriate office in the County, although at the date thereof the person may not have been so authorized. The Note may be executed by the facsimile signatures of the Chairman and/or Clerk, provided that at least one of the foregoing signatures must be a manual signature. SECTION 6. REGISTRATION AND TRANSFER OF NOTE. The Note shall be and shall have all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code -Investment Securities . Laws of the State of . Florida, and each Registered Owner, in accepting -the Note, shall be conclusively deemed to have agreed that such Note shall be and have all.of the qualities and incidents of negotiable instruments thereunder. There shall be a Registrar who shall be responsible for maintaining the Register. The person in whose name ownership of a Note is shown on the Register shall be deemed the Registered Owner thereof by the County and the Registrar, who may treat the Registered Owner as the absolute owner of the Note for all purposes, whether or not the Note shall be overdue, and any notice to the contrary shall not be binding upon the County or the Registrar. 61 Ownership of the Note may be transferred only upon the Register. Upon surrender to the Registrar for transfer or exchange of the Note accompanied by an assignment or written authorization for exchange, whichever is applicable, duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may be, anew fully registered Note of the same amount, maturity and interest rate as the Note surrendered. The Note presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The County and the Registrar may charge the Registered Owner a sum sufficient to reimburse them for any expenses incurred in making, any exchange or transfer after the first such exchange or transfer following the delivery of such Note. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Note shall be delivered. The new Note delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing the same debt as the Note surrendered, shall be secured under this Loan Agreement, and shall be entitled to all of the security and benefits hereof to the same extent as the Note surrendered. Whenever a Note shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Note shall be cancelled and destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such. destruction shall be furnished to the County. SECTION 7. NOTE MUTILATED, DESTROYED STOLEN OR LOST In case the Note shall be mutilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur, the Registrar shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in lieu of or substitution for the Note, if any, destroyed, stolen or lost, or in exchange and substitution for such mutilated Note, upon surrender of such mutilated Note, if any, to the Registrar and the cancellation thereof; provided however, if the Note shall have matured or be about to mature, instead of issuing a substitute Note, the County may pay the same, upon being indemnified as aforesaid, and if such Note be lost, stolen or destroyed, without surrender thereof. Any Note surrendered under the terms of this Section 7 shall be cancelled by the Registrar. 0 Any such new Note issued pursuant to this section shall constitute an original, additional contractual obligation on the part of the County whether or not, as to the new Note, the lost, stolen or destroyed Note be at any time found by anyone, and such new Note shall be entitled to equal, and proportionate benefits and rights as to security for payment to the same extent as the Note originally issued hereunder. SECTION 8. FORM OF NOTE. The Note shall be in substantially the form attached hereto as Exhibit A, with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Loan Agreement. SECTION 9. SECURITY FOR NOTE: NOTE NOT DEBT OF THE COUNTY,• SINKING FUND. The payment of the principal of and interest on the Note shall be secured forthwith solely by a lien upon and pledge of the Pledged Revenues. The principal of and interest on the Note shall not constitute a general obligation or indebtedness of the County, but shall be a limited obligation of the County payable. solely from the Pledged Revenues as provided herein. The Registered Owner shall never have the right to compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on the Note or in order to maintain services or activities that generate Non -Ad Valorem Revenues. The Note shall not be secured by, nor constitute, a lien upon the projects financed by the Refunded Note or upon any property of or in the County, but shall be secured solely by the Pledged Revenues in the manner provided herein. There is hereby created and established a "Capital Improvement Refunding Revenue Note, Series 2011 Sinking Fund," which shall be maintained on the books of the County as a separate account (but need not be maintained as a separate bank or deposit account). On or before each Payment Date, the County will deposit into the Sinking Fund from the Non -Ad Valorem Revenues budgeted and appropriated for such purpose pursuant to the Covenant an amount required to pay the principal and interest due on the Note on such Payment Date. Moneys in the Sinking Fund shall be used only to pay principal of and interest on the Note and for no other purpose. So long as the Note is outstanding, there shall be a lien in favor of the Registered Owner of the Note on all moneys on deposit in the Sinking Fund. SECTION 10. COVENANTS OF THE COUNTY Until the principal of and interest on the Note shall have been paid in full or until (a) there shall have been set apart in the Sinking Fund a sum sufficient to pay when due the entire principal of and interest accrued and to accrue on the Note to the Maturity Date, or (b) provision for payment of the Note shall have been made in accordance with the provisions of this Loan Agreement, the County covenants with the Registered Owner of the Note as follows: A. Covenant to Budget and A1212rol2riate. The . County covenants to budget and appropriate in its annual budget for each Fiscal Year, by amendment if necessary, Non -Ad Valorem Revenues in amounts sufficient to provide for the timely payment of the principal of and interest on the Note. Such covenant to budget and appropriate Non -Ad Valorem Revenues shall be cumulative and shall continue until Non -Ad Valorem Revenues in amounts sufficient 7 to make all required payments hereunder when due, shall be budgeted andappropriated and actually deposited into the Sinking Fund. Notwithstanding the foregoing the County does not covenant to maintain any services or programs now provided or maintained by the County which generate Non -Ad Valorem Revenues. The foregoing covenant to budget and appropriate does not create any lien upon or pledge of Non -Ad Valorem Revenues until such revenues are budgeted, appropriated, and deposited into the Sinking Fund, nor does it preclude the County from pledging in the future any specific portion of its Non -Ad Valorem Revenues, nor does it require the County to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Purchaser a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the County. This covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations of the County secured by a pledge of all or any specified portion of Non -Ad Valorem Revenues heretofore or hereafter issued (including the payment of debt service on bonds' and other debt instruments); provided, however, this covenant to budget and appropriate for the purposes and in the manner stated herein shall have the effect of making available for the payment of debt service on the Note, in the manner described herein, sufficient amounts of Non -Ad Valorem Revenues and of placing on the Board a positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder; subject, however, in all respects to the restrictions of Section 129.03, Florida Statutes, which requires a balanced budget, and Section 125.07, Florida Statutes, which prohibits.a board of county commissioners from expending or contracting for the expenditure in any Fiscal Year more than the amount budgeted in each fund's budget; and subject, further, to the payment of the cost of maintaining services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or.which are legally mandated by applicable law. B. moments. The County will punctually pay all principal of and interest on the Note when due by wire transfer or other medium acceptable to the County and the Purchaser. C. Financial Statements. Not later than 210 days following the end of the County's Fiscal Year, the County will provide the Purchaser a copy of the audited financial statements of the County, and if prepared, the Comprehensive Annual Financial Report. D. Annual Budget and Other Information. The County will prepare its annual budget in accordance with the Act, and will provide to the Purchaser (i) a copy of its tentative annual budget for each Fiscal Year within 30 days of presentation thereof to the Board by the County budget officer as provided in Section 129.03, Florida Statutes, (ii) a copy of its final annual budget for each Fiscal Year within 30 days. of adoption thereof by the Board, (iii) a copy of each continuing disclosure filing made by the County in compliance with Securities and Exchange Commission Rule 15c2-12(b)(5) within 30 days of filing with the dissemination agent for the County and (iv) such other financial or public information as the Purchaser may reasonably request. E. Tax Compliance. Neither the County, nor any third party over whom the County has control, will make any use of, or permit an omission of use, of the proceeds of the Note or of the projects financed by the Refunded Note at any time during the term of the Note which would cause the Note to be (a) a "private activity bond" within the meaning of Section 103(b)(1) of the Code or (b) an "arbitrage bond" within the meaning of Section 103(b)(2) of the Code. The County covenants throughout the term of the Note to comply with the requirements of the Code and the Regulations, as amended from time to time, and to take all actions, and to not permit the omission of any actions, necessary to maintain the exclusion from gross income for purposes of the Code of interest on the Note. The County makes each of the representations, warranties and covenants contained in the Tax Certificate delivered with respect to the Note. By this reference, all terms, conditions, and covenants in said Tax Certificate are incorporated in and made a part of this Loan Agreement. F. Additional Indebtedness. The County may issue additional indebtedness secured by and payable from Non -Ad Valorem Revenues provided that the average of the Non - Ad Valorem Revenues for the preceding two (2) fiscal years is at least two times (2x) the total of the maximum annual debt service on all debt of the County secured by Non -Ad Valorem Revenues or by a covenant to budget and appropriate Non -Ad Valorem Revenues for the payment thereof and the proposed additional debt to be issued. SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and warrants to the Purchaser that: A. Organization. The County is a political subdivision, duly organized and existing under the laws of the State of Florida. B. Authorization of Loan Agreement and Related Documents. The County has the power and has taken all necessary action to authorize the execution and delivery of and the performance by the County of its obligations under, this Loan Agreement and the Note in accordance with their respective terms. This Loan Agreement and the Note have been duly executed and delivered by the County and are valid and binding obligations of the County, enforceable against the County in accordance with their respective terms, except to the extent that such enforcement may be limited by laws regarding bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general principles of equity regarding the availability of specific performance. C. Non -Ad Valorem Revenues. The County currently receives the Non -Ad Valorem Revenues and is legally entitled to covenant to budget and appropriate from such Non -Ad Valorem Revenues amounts necessary to pay the principal of and interest on the Note when due as provided herein. The County estimates that the Non -Ad Valorem Revenues will be available in amounts sufficient to budget and appropriate amounts necessary to pay the principal of and interest on the Note as the same becomes due prior to the Maturity Date and, to pay all principal of and interest on the Note on the Maturity Date. Subject to the provisions of Section 10(A) hereof, the County shall take all lawful action necessary to enable the County to 0 continue to receive the Non -Ad Valorem Revenues in at least the amounts necessary to pay principal and interest on the Note to the extent not paid from some other source. D. Financial Statements. The financial statements of the County for the Fiscal Year ended September 30, 2010 (the "Financial Statements"), previously provided to the Purchaser were prepared in accordance with generally accepted accounting principles, are correct and present fairly the financial condition of the County as of such date and the results of its operations for the period then ended. SECTION 12. CONDITIONS PRECEDENT. The obligation of the Purchaser to make the Loan is subject to the satisfaction of each of the following conditions precedent on or before the Initial Disbursement Date: A. Action. The Purchaser shall have received a copy of the Resolution certified as complete and correct as of the closing date, together with an executed Loan Agreement, the executed Note, and the customary closing certificates. B. Incumbency of Officers. The Purchaser shall have received an incumbency certificate of the County in respect of each of the officers who is authorized to sign this Loan Agreement and the related financing documents on behalf of the County. C. Opinion of County Attorney. The Purchaser shall have received a written opinion of the County Attorney as to (1) the valid existence of the County as a political subdivision of the State; (2) the due adoption of the Resolution; (3) the due authorization and execution of this Loan Agreement and the Note and the transaction contemplated hereby and thereby; (4) the Loan Agreement and the Note constituting valid and binding obligations of the County, enforceable against the County, in accordance with their respective terms; and (5) the absence of litigation against the County relating to (a) its existence or powers, (b) its authority to issue the Note, pledged the Pledged Revenues or refund the Refunded Note, and (c) the proceedings for the authorization and issuance of the Note, in a form and substance satisfactory to the Purchaser. D. Opinion of Bond Counsel. The Purchaser shall have received a letter from Bond Counsel authorizing the Purchaser to rely on the approving opinion of Bond Counsel delivered to the County with respect to the Note to the same extent as if such opinion were addressed to the Purchaser. The opinion, in form and substance satisfactory to the Purchaser, shall, at a minimum, address the status of interest on the Note under the provisions of Section 103 of the Code. E. Certificate of Director. The Purchaser shall have received a certification from the Director that: (1) since the date of the Financial Statements, there has been no material adverse change in the financial condition, revenues, properties or operations of the County; (2) there are no liabilities (of the type required to be reflected on balance sheets prepared in accordance with generally accepted accounting principles), direct or indirect, fixed or contingent, of the County as of the date of such financial information which are not reflected therein; (3) there has been no 10 material adverse change in the financial condition or operations of the County since the date of Financial Statements (and to the Director's knowledge no such material adverse change is pending or threatened); and (4) the County has not guaranteed the obligations of, or made any investment in or loans to, any person except as disclosed in such information. F. Representations and Warranties; No Default The representations and warranties made by the County herein shall be true and correct in all material respects on and as of the Date of Delivery, as if made on and as of such date; no Default shall have occurred and be continuing as of the Date of Delivery or will result from the consummation of the Loan; and the Purchaser shall have received a certificate from the County to the foregoing effect. G. Other Documents. The Purchaser shall have received such other documents, certificates and opinions as the Purchaser or its counsel shall have reasonably requested. SECTION 13. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered, delivered by telecopier, mailed by registered or certified mail, postage prepaid, or delivered by courier service to the parties at the following addresses: County: St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Attention: County Administrator, with a required copy to the County Attorney at the same address, and a required copy to the Clerk at the same address. Purchaser: SunTrust Equipment Finance & Leasing Corp. 300 East Joppa Road, 7th Floor Towson, Maryland 21286 Attention: Public Finance — Legal Counsel Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as specified above, of an original promptly after such communication by telecopier. SECTION 14. EVENTS OF DEFAULT DEFINED. The following shall be "Events of Default" under this Loan Agreement, and the terms, "Default" and "Events of Default shall mean (except where the context clearly indicates otherwise), any one or more of the following events: A. Failure by the County to make any payment of principal of or interest on the Note within three (3) days of the applicable Payment Date or the Maturity Date. B. Failure by the County to observe and perform any other covenant, condition or agreement on its part to be observed or performed under this Loan Agreement for a period of thirty (30) days after written notice of such failure shall have been delivered to the County by the Purchaser, unless the Purchaser shall agree in writing to an extension of such time prior to its expiration; C. The making of any warranty, representation or other statement by the County or by an officer or agent of the County in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement which is false or misleading in any material adverse respect; D. The filing of a petition against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, if an order for relief is entered under such petition or such petition is not dismissed within sixty (60) days of such filing; E. The filing by the County of a voluntary petition in bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now. or hereafter in effect, or the consent by the County to the filing of any petition against it under such law; or F. The admission by the County of its insolvency or bankruptcy or its inability to pay its debts as they become due or that it is generally not paying its debts as such debts become due, or the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors, or the appointment by court order of a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such order remaining in effect or such possession continuing for more than sixty. (60) days. G. A Determination of Taxability, as defined in the Note. SECTION 15. REMEDIES. The Purchaser may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in this Loan Agreement, and to enforce and compel the performance of all duties required by this Loan Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America, including (i) the acceleration of all amounts outstanding under this Loan Agreement or the Note or (ii) enforcing its lien on moneys on deposit in the Sinking Fund. The County and the Purchaser each waives, to the fullest extent permitted by law, any right to trial by jury in respect of any litigation based upon the Note or arising out of, under or in conjunction with the Note or this Loan Agreement. SECTION 16. NO PERSONAL LIABILITY. No recourse shall be had for the payment of the principal of and interest on the Note or for any claim based on the Note or on 12 this Loan Agreement, against any present or former member or officer of the Board or any person executing the Note. SECTION 17. PAYMENTS DUE ON SATURDAYS SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 18. AMENDMENTS, CHANGES AND MODIFICATIONS This Loan Agreement may be amended only by a writing signed by both parties hereto. SECTION 19. BINDING EFFECT. To the extent provided herein, this Loan Agreement shall be binding upon, the County and the Purchaser and shall inure to the benefit of the County and the Purchaser and their respective successors and assigns. This Loan Agreement shall be discharged and neither the County nor the Purchaser shall have any further obligations hereunder under the Note when the County shall have paid the principal of and interest on the Note in full and shall have paid in full all other amounts, if any, due under the Note or this Loan Agreement. SECTION 20. SEVERABILITY. In the event any court of competent jurisdiction shall hold any provision of this Loan Agreement invalid or unenforceable such holding shall not invalidate or render unenforceable, any other provision hereof. SECTION 21. EXECUTION IN COUNTERPARTS. This Loan Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 22. APPLICABLE LAW. This Loan Agreement shall be governed by and construed in accordance with the laws of the State. 13 IN WITNESS WHEREOF, the parties hereto have duly executed this Loan Agreement as of the date first above written. (SEAL) ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners SUNTRUST EQUIPMENT FINANCE & LEASING CORPORATION By: [ . Vice President,] [Public Finance Group - Florida] ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 14 EXHIBIT A FORM OF NOTE No. R-1 $ ST. LUCIE COUNTY, FLORIDA CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2011 RATE OF INTEREST MATURITY DATE DATE OF ISSUE 2.167% October 1, 2022 November . 2011 REGISTERED OWNER: SUNTRUST EQUIPMENT FINANCE & LEASING CORP. PRINCIPAL AMOUNT: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the..."County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, in installments, on the Payment Dates indicated in Schedule 3 attached hereto and on the Maturity Date, or sooner as provided herein, the Principal Amount shown above and the interest on the outstanding Principal Amount hereof from the date of this Note or from the most recent date to which interest has been paid, whichever is applicable, until payment of such Principal Amount, at the Rate of Interest described above, and determined as provided in, Schedule 1 hereto, and subject to adjustment as set forth in Schedule 2 attached hereto, with all unpaid interest being due on the Maturity Date or upon the earlier payment of principal hereunder upon presentation and surrender hereof at the office of the Clerk of the Circuit Court for St. Lucie County, as Registrar and Paying Agent. The principal of, premium, if any, and interest on this Note are payable in lawful money of the United States of America. Interest due hereon shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. The County may prepay this Note in whole or in part, at any time, after giving the Registered Owner at least twenty-one (21) days advance notice. This Note is being issued in the aggregate principal amount $ to finance the costs of refunding the County's Capital Improvement Refunding Revenue Note, Series 2008 (the "Refunded Note"), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes, as amended, Ordinance 87-77 of the County, as amended, and other applicable provisions of law, and Resolution No. 11- duly adopted by the Board of County Commissioners on November 1, 2011 (the 'Resolution"), and pursuant to a Loan Agreement between the County and the Registered Owner, dated November 2011 (the "Loan Agreement"), to which reference should be made to ascertain those terms and conditions. The terms and provisions of the Loan Agreement and the Resolution are hereby incorporated as a part of this Note. The A-1 principal of this Note shall be disbursed by the Registered Owner hereof to the County in immediately available funds on the Date of Delivery in accordance with the Loan Agreement. This Note is payable from and secured solely by the Pledged Revenues, as defined in and in the manner provided in, and subject to the terms and conditions of, the Resolution and the Loan Agreement. The Pledged Revenues consist of Non -Ad Valorem Revenues of the County budgeted and appropriated for the payment of the principal of and interest on this Note and deposited into the Sinking Fund created pursuant to the Loan Agreement. Pursuant to the Loan Agreement and the Resolution, the County has covenanted to budget and appropriate in its annual budget for each Fiscal Year, by amendment if necessary, Non -Ad Valorem Revenues in amounts sufficient to provide for the timely payment of the principal of and interest on this Note. Such covenant shall be cumulative and shall continue until Non -Ad Valorem Revenues in amounts sufficient to make all required payments hereunder when due, shall be budgeted and appropriated and actually deposited into the Sinking Fund. Notwithstanding the foregoing the County does not covenant to maintain any services or programs now provided or maintained by the County which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of Non -Ad Valorem Revenues until budgeted, appropriated, and deposited into the Sinking Fund, nor does it preclude the County from pledging in the future any specific portion of its Non -Ad Valorem Revenues, nor does it require the County to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Registered Owner a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the County. Such covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations of the County secured by a pledge of all or any specified portion of Non -Ad Valorem Revenues heretofore or hereafter issued (including the payment of debt service on bonds and other debt instruments); provided,. however, this covenant to budget and appropriate for the purposes and in the manner stated herein and in the Loan Agreement shall have the effect of making available for the payment of debt service on this Note, in the manner described herein and in the Loan Agreement, sufficient amounts of Non -Ad Valorem Revenues and of placing on the Board a positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder; subject, however, in all respects to the restrictions of Section 129.03, Florida Statutes, which requires a balanced budget, and Section 125.07, Florida Statutes, which prohibits a board of county commissioners from expending or contracting for the expenditure in any Fiscal Year more than the amount budgeted in each fund's budget; and subject, further, to the payment of the cost of maintaining services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. This Note shall not constitute a ,general obligation or indebtedness of the County, but shall be a limited obligation of the County payable solely from the Pledged Revenues as provided in the Loan Agreement. The Registered Owner hereof shall never have the right to compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on this Note or in order to maintain services or activities that generate Non -Ad Valorem Revenues. A-2 The principal of and interest on this Note are not secured by a lien upon the projects financed by the Refunded Note, or upon any property of or in the County, but are secured solely by the Pledged Revenues in the manner provided herein and in the Loan Agreement. Reference is made to the Loan Agreement for the provisions relating to the security for payment of this Note and the duties and obligations of the County hereunder. The Registered Owner may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in the Loan Agreement, and to enforce and compel the performance of all duties required by the Loan Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce the Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America, including acceleration of all amounts of principal outstanding hereunder together with all accrued but unpaid interest due thereon. The County waives its right to trial by jury in the event of any proceedings in state or federal courts to enforce the terms of this Note or of the Loan Agreement, and the Registered Owner, by its acceptance of this Note, waives its right to trial by jury in any such proceedings. The Interest Rate on this Note shall be a fixed rate of interest equal to 2.167%. Interest on the Note shall be calculated using a 360-day year consisting of twelve 30-day months. Interest on the Note shall be paid semiannually on each Interest Payment Date, commencing April 1, 2012. On October 1, 2012 and each Principal Payment Date thereafter, the County shall pay an annual installment of the outstanding principal due on the Note in an amount that would result in approximately level annual debt service payments for each remaining year prior to the Maturity Date. The County may prepay, the Note, in whole or in part, at any time prior to the Maturity Date without penalty, after giving the Registered Owner twenty-one (21) days advance notice. Upon the occurrence of an Event of Default, as defined in the Loan. Agreement, the County shall also be obligated to pay all costs of collection and enforcement hereof, including attorneys' fees (including fees incurred on appeal). It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to and in the issuance of this Note, have been performed, exist and have happened in regular and due form and time as so required. [Remainder of page left intentionally blank] A-3 IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Note to be executed by the Chairman or Vice -Chairman of its Board of County Commissioners, and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Date of Issue above. (SEAL) ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners A-4 SCHEDULES TO ST. LUCIE COUNTY, FLORIDA CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2011 A-5 SCHEDULE 1 TERMS OF NOTE DEFINITIONS: For purposes of the Note to which this Schedule 1 is attached, the following definitions shall apply. Capitalized terms used and not otherwise defined herein shall have the meaning set forth in the Loan Agreement. "Date of Delivery" means November 2011. "Interest Payment Date" means each April 1 and October 1, commencing April 1, 201Z through and including October 1, 2022. "Interest Rate" or "Rate of Interest" means: A fixed rate of interest equal to 2.167%. Interest on the Note shall be calculated using a 360- day year consisting of twelve 30-day months. "Maturity Date" means October 1, 2022. "Payment Date" means both the Interest Payment Dates and Principal Payment Dates. "Prime Rate" shall mean a rate of interest equal to the announced prime commercial lending rate per annum of the Purchaser. The Prime Rate is a reference rate for the information and use of the Purchaser in establishing the actual rate to be charged to the County. The Prime Rate is purely discretionary and is not necessarily the lowest or best rate charged any customer. The Prime Rate shall be adjusted from time to time without notice or demand as of the effective date of any announced change thereof. "Principal Payment Date" means each October 1, commencing October 1, 2012 and continuing through October 1, 2022. "Taxable Rate" means a rate equal to the Prime Rate times that percentage which after the Determination of Taxability will result in the same after-tax yield to the Registered Owner of the Note as before said Determination of Taxability, but in no event exceeding the maximum interest rate permitted by applicable law. OTHER PROVISIONS: See Schedule 2 hereto. A-6 SCHEDULE 2 ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS (i) Adjustment of Interest Rate for Full Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Note shall be increased to the Taxable Rate, effective retroactively to the date on which the interest payable on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof. In addition, the Registered. Owner of the Note or any former Registered Owners of the Note, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States of America by the Registered Owner or former Registered Owners of the Note as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof, which notice or notification is not contested by either the County or any Registered Owner of the Note, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof, which determination either is final and non -appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the County to the effect that interest on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof. (ii) Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Note during any period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Note, then the interest rate on the Note shall be increased during such period by an amount equal to: (A-B) x C where: (A) A equals the Taxable Rate (expressed as a percentage); (B) B equals the interest rate on the Note (expressed as a percentage); and (C) C equals the portion of the Note the interest on which has become taxable as the result of such tax change (expressed as a decimal). In addition, the Registered Owner of the Note or any former Registered Owner of the Note, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest. that are required to be paid to the United States by the Registered Owner or former Registered Owners of the Note as a result of. such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. A-7 The foregoing notwithstanding; in no event shall the Note bear interest at a rate in excess of the maximum rate permitted by applicable law. A-8 SCHEDULE3 DEBT SERVICE FOR THE SERIES 2011 NOTE Payment Total Date Principal Interest Debt Service 04/1/2012 10/1/2012 04/1/2013 10/1/2013 04/1/2014 10/1/2014 04/1/2015 10/1/2015 04/1/2016 10/1/2016 04/1/2017 10/1/2017 04/1/2018 10/1/2018 04/1/2019 10/1/2019 04/1/2020 10/1/2020 04/1/2021 10/1/2021 04/1/2022 10/1/2022 Totals: A-9 . a1rEE, lt:ta t IrrA `xt: nL;.lt t}I.a.rit. 1. t,'! t Ea..t A:1.4 .11rA l,.I.Ir I. :' i r t:i. I.u. i[r 4u{a i...s;.t Ef1Lt rsx, uA. {s , ! 1. 1.. .Jd.ivfM1lila E.1 ..E.4 r{rlf.Ev.rt4ri !!Gl11.tu..i. .ft tilt 1t.t, 1,- !il f.!_:l:i+rt. !al .si.rt.a ,l. November 1, 2011 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS, GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on the third Tuesday 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 rior 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 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' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday 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 as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting, November 1, 2011 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org Chris Craft, Chairman District No. 5 Chris Dzadovsky, Vice Chairman District No.1 Tod Mowery District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 atrJ. J. Jt3 lt.t.: �. .t. Pt�F .4l•1Jtit.,aa ai !!ae{x,..,.ia 4}.aJ.�4.xt?!b3" '.f.! J.,t} ltttb '..�1.41 .x!.xt. , ybay,.l.;ul.' t t{,b J.b..,ii.� i r.x}J.. ! !a{ ,.t S.,...w 41 a.. !JE,... b,4 1 x.r,btdJ-!,. lFIJ: 1.. ii.t a..l. �iii�l��ilil�iliit�il'li��itiliti(Illlp�i�i7➢��iiiiiili�l���iili�(lii6i�i��tilil�➢iiiii�il�tlifti`�ilif�iii`�ffill�i��iltiliii{iil�fi`�l�ii�iil�tl�iidllliil�`illiil�`f�liiilill��iiili�titli�tllllCli�ii111�i��iti�ii�t I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 18, 2011 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 11-123 — "National Hunger and Homeless Awareness Week" Consider staff recommendation to adopt Resolution No. 11-123 as drafted. B. COUNTY ATTORNEY Resolution No. 11-133 — "Scouting for Food Day" Consider staff recommendation to adopt Resolution No. 11-133 as drafted. C. COUNTY ATTORNEY Resolution No. 11-115 — Honoring the 60th Anniversary Celebration of The Pilot Club of Fort Pierce Consider staff recommendation to adopt Resolution No. 11-115 as drafted. D. COUNTY ATTORNEY Resolution No.11-148 — "Alzheimer's Disease Awareness Month" in St. Lucie County. Consider staff recommendation to adopt Resolution No.11-148 as drafted. E. COUNTY ATTORNEY Resolution No. 11-162 — proclaiming November 1, 2011 as "The Great American Smoke -Out Day" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 11-162 as drafted. IV. PROCLAMATIONS/PRESENTATIONS CONTINUED F. COUNTY ATTORNEY Resolution No. 11-163 — proclaiming the month of November 2011 as "Pancreatic Cancer Awareness Month" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 11-163 as drafted. G. COUNTY ATTORNEY Resolution No. 11-166 — Renaming the Lawnwood Football Field as the "Calvin R. Triplett Football Field". Consider staff recommendation to adopt Resolution No. 11-166 as drafted. H. COUNTY ATTORNEY Resolution No. 11-170 — Proclaiming November 11, 2011 as "Veterans Day" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 11-170 as drafted. I. COUNTY ATTORNEY Resolution No.11-172 — Proclaiming the month of November 2011 as "National Adoption Awareness Month" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution 11-172 as drafted. J. Presentation by Corine C. Williams, SLC Transit Coordinator V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 56, 57, 3 and 4. B. COUNTY ATTORNEY St. Lucie County International Airport - Consent to Assignment of Hangar Sublease from KJS, L.L.C. to Robinson Air Crane, Inc. Consider staff recommendation to consent to the Assignment of Sublease Agreement from KJS, L.L.C. to Robinson Air Crane, Inc. 2. Revocable License Agreement — Valerie J. Anderson — Bruno's Chocolate Factory Renovations Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Valerie J. Anderson to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COUNTY ATTORNEY CONTINUED 3. Revocable License Agreement — Dr. Thomas Carlos — Prima Vista Animal Hospital Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Dr. Thomas Carlos to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Approve Contract Amendment for Mental Health/Substance Abuse services offered by New Horizons of the Treasure Coast Consider staff recommendation to approve the contract Amendment with New Horizons. The contract amendment will have a retroactive start date of October 1, 2011, incompliance with services rendered since the start of the 2011/2012 budget year. 5. Revocable License Agreement — Jessie and Leslie Pfeiffer — 5865 Jenkins Park Avenue Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Jessie and Leslie Pfeiffer to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 6. Economic Development Council of St. Lucie County, Inc. — FY2011/2012 Grant Contract Consider staff recommendation to approve the proposed contract with the Economic Development Council of St. Lucie County, Inc., and authorize the Chairman to sign the contract. Logistics Center Facilities Use Agreement with WPSL Christmas Kids of St. Lucie County Consider staff recommendation to approve the proposed Facilities Use Agreement with WPSL Christmas Kids of St. Lucie County, and authorize the Chairman to sign the contract. 8. Park and Ride— Avenue D and North 8th Street — Percy Alexander Sr. and Robbie J. Alexander — Parcel I.D. 2410-601-0092-000-1 — Robert Douglass — Parcel I.D. 2410-601- 0094-000-4 Consider staff recommendation to approve the Contracts for Sale and Purchase from Percy and Robbie Alexander, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. 9. Resolution No.11-171 - Supporting the Adoption of a Ban on Texting while Driving Consider staff recommendation to adopt Resolution No. 11-171 as drafted. 10. Logistics Center - Consent to First Amendment to Facilities Use Subagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NPS Consider staff recommendation to approve the proposed First Amendment to Facilities Use Subagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NPS, and authorize the Chairman to sign the Consent. B. COUNTY ATTORNEY CONTINUED 11. Park and Ride — Avenue D and North 8th Street — Robert Douglass — Parcel I.D. 2410- 601-0094-000-5 and 2410-601-0091-000-4 Consider staff recommendation to approve the Contract for Sale and Purchase from Robert Douglass, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. C. PARKS, RECREATION & FACILITIES 1. Golf Course Rate Change Consider staff recommendation to approve of proposed rates and fees on Exhibit A, authorization for the County Administrator to approve future fee changes and authorization for the Chairman to execute documents as approved by the County Attorney. Staff also recommends approval of the Group Rate herein as shown in Exhibit B. Golf Course Restaurant Rent Waiver Consider staff recommendation to approve of the Amendment to the Agreement between the County and Julius Management Group/Contract #CO2-08-616 as prepared by the County Attorney and authorization for the Chairman to sign. 3. Resolution,11-169, Interim Facility Use Policy Consider staff recommendation to approve Resolution No. 11-169, Facility Use Policy, as Interim Facility Use Policy for Parks and Recreation facilities as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney D. PUBLIC WORKS Engineering Division: 1, St. James Drive Pedestrian Walkway Phase II Consider staff recommendation to approve to reject bids, modify design to reduce project scope, and authorization for staff to rebid St. James Drive Pedestrian Walkway Phase II. Road & Bridge Division: 2. Bid No.11-041, Street Resurfacing Consider staff recommendation to approve to award Bid No. 11-041, Street Resurfacing, to the lowest responsive qualified bidder, Dickerson Florida, Incorporated of Fort Pierce and authorization for the Chairman to sign documents as approved by the County Attorney. E. SHERIFF'S OFFICE Permission to accept the 2011 Bulletproof Vest Partnership Grant Consider staff recommendation to approve Budget Resolution No. 11-167 and authorize the acceptance of the 2011 Bulletproof Vest Partnership Grant. HUMAN RESOURCES Compensation for Active Military Duty Consider staff recommendation to approve authorization to extend military leave benefits as delineated in Section 3.17 of the St. Lucie County Employee Handbook until September 30, 2012. G. ENVIRONMENTAL RESOURCES Gopher Tortoise Habitat Improvement Funding Assistance Consider staff recommendation to approve authorization to accept a reimbursement agreement in the amount of $13,000 from the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise habitat at Indrio Savannahs and Sheraton Scrub Preserves and to approve Budget Resolution No.11-165. H. HOUSING & COMMUNITY SERVICES Small Cities Community Development Block Grant (CDBG) Grant Consider staff recommendation to approve of Budget Resolution No. 11-168 and authorization for the Chairman to sign the resolution as approved by the County Attorney. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No.11-025 Relating to Secondary Metals Recyclers Consider staff recommendation to adopt Ordinance No. 11-025 and authorize the Chairman to sign the Ordinance. B. COUNTY ATTORNEY Code Enforcement Case No. 66346 — 7808 Lakeside way, Fort Pierce, FL — Unsightly and Unsanitary Conditions and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety — Permission to order the owners to clean the property or St. Lucie County will have it abated and place a lien on the Property. Consider staff recommendation to authorize a 30 day notice be sent to the Property owners ordering them to remove the unsightly and unsanitary conditions on the Property, including, but not limited to, mowing the lawn, securing and cleaning the pool and boarding up the structure as required or St. Lucie County will have it cleared and repaired and place a lien on the Property. C. COUNTY ATTORNEY Ordinance No. 11-030 - Solid Waste Exclusive Commercial Franchises Consider staff recommendation to adopt Ordinance No. 11-030 as revised and authorize the Chairman to sign the Ordinance. REGULAR AGENDA Vill. ANNOUNCEMENTS The Board of County Commissioners will hold the November Informal Monthly meeting on Tuesday, November 8, 2011 at 9:00 a.m. in Conference Room #3. 2. The Board of County Commissioners will hold a Budget Workshop on Tuesday, November 8, 2011 immediately following the November Informal Monthly meeting in Conference Room #3. 3. County offices will be closed on Friday, November 11, 2011 to observe Veteran's Day. 4. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 15, 2011 at 9:00 a.m. in the County Commission Chamber. County offices will be closed on Thursday, November 24, 2011 and Friday, November 25, 2011 to observe Thanksgiving. A public hearing will be held by the Blueway Advisory Committee on December 1, 2011 at 6 pm in Conference Room 3 of the County Administration Building to discuss the FDEP-required Land Management Plans for the following sites: Harbor Branch Preserve, Stan Blum Memorial Boat Launch, Pepper Park Beach, South Ocean Beach Park, Raccoon Island, Surfside Park, John Brooks Park and Blind Creek Park. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, December 13, 2011 at 9:00 a.m. in Conference Room #3. 8. County offices will be closed on Friday, December 23, 2011 and Monday, December 26, 2010 to observe Christmas. 9. County offices will be closed on Monday, January 2, 2012 to observe New Years. 10. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, January 10, 2012 at 9:00 a.m. in Conference Room #3. 11. The Board of County Commissioners will hold a Budget Workshop on Tuesday, January 24, 2012 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St, Lucie County Risk & Benefits Manager at (772) 462-1404 or Too (772) 462-1428 at least forty-eight (48) hours prior to the meeting, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 18, 2011 Convened: 9:00 a.m. Adjourned:11:21 a.m. Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod Mowery Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Planning and Development Director, Marie Gouin, OMB Director, Beth Ryder, Community Services Director, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk III. MINUTES Approve the minutes from the October 4, 2011 meeting. Approve the minutes from the October 11, 2011 special meeting. Com. Dzadovsky advised the Board he had advised the secretary of a correction in the minutes. It was moved by Com. Mowery, seconded by Com. Lewis, to approve the minutes as corrected, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY A presentation was made by Richard Stetson of Workforce Solutions B. COUNTY ATTORNEY Resolution No. 11-156 — Proclaiming November 20, 2011 as "Lucille Rieley Rights Day" in St. Lucie County Florida. Consider staff recommendation to adopt Resolution No. 11-156 as drafted. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 11-156, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Marty Lavin, area resident provided an update on the success of the waterway clean up. Mr. Lavin advised the Board they had picked up 8.5 tons of debris. Mr. John Perry, United for Animals, addressed the Board with regards to item B-4. He requested the Board pull the item and have a separate discussion. He believed the Board should ask for a business plan from the Humane Society. He also indicated that the Humane Society is charging the highest fee per animal in comparison to Martin County who charges $81.00 and Indian River County $75.00. He asked for the opportunity to further discuss this issue with the Board and provide further information. Com. Craft recommended pulling the item and asking Mr. Perry to have a meeting with all the Commissioners as well as those involved. Mr. Perry stated there is a lot of information to provide. Com. Mowery indicated he would like to have a workshop to discuss the item. It was the consensus of the Board to pull this item from the Consent Agenda pending further discussion. Mr. William McNeeley, Jr., area resident addressed the Board and thanked them for holding the line on spending for the taxpayers. He advised the Board his home is powered by solar panels and believes this is the best pay to conserve energy. He does not think vinyl solar does a good job since it does not last as long. He encouraged the Board to continue to apply for grants for solar energy. Mr. Brent Wadell, Precision Waste Services addressed the Board on item 7B and stated the stockholders were not aware of this coming about. He stated that monopolies do not lower prices when it comes to waste services. He believes that changing the word non-exclusive to exclusive the county is setting them up for regulated capitalism. Mr. Seth Nunes, P.E. and Vice President of Carlson Environmental Consultants, addressed the Board regarding item F-1 and requested reconsideration be given for the landfill gas management. Mr. Nunes provided the following letter for the record. Dear St. Lucie County Commissioners, This letter is to request a reconsideration of the recommendation to approve CDM Work Authorization No. 7 for services related to landfill gas (LFG) management for fiscal year 2011/12-2014/15 at $547,205 per fiscal year totaling $,188,820. Despite such a large contract, neither qualifications nor cost proposals were requested regarding this contract. It is understood that the County selected an overall Solid Waste Consultant in January 2010 with an undefined term. The Professional Engineering Services- Solid Waste Request for Qualifications (RFP#0-010) issued by the County was written in a way that clearly favored the existing Solid Waste Engineering Consultant. The RFQ was worded so that only one or two solid waste consulting companies in the country would even qualify. To such an end that 509 companies were notified regarding the RFQ, 61 sets of bid documents were distributed, but only 1 bid was received (from the incumbent Solid Waste Consultant). With that being said, we would like to request a reconsideration of the recommendation to authorize the LFG management work and request that the work be placed out to bid (by cost or by qualifications). This would provide a fair opportunity to all consultants in this field (especially small businesses). With large RFQ's such as the above mentioned, it is difficult if not impossible for a small business to compete. There are numerous qualified consultants (large and small) who specialize specifically in landfill gas management in the state of Florida who would more than meet any qualifications and provide competitive pricing for landfill gas services. The Board may find that there are opportunities to save money and improve operations by allowing other companies to propose alternatives, and perhaps lower the County's cost for these services. It is the responsibility of the Board of County Commissioners to be fiscally responsible, and a four —year contract valued at $2,188,820 ($45,600) per month for landfill gas management is an excessive monthly cost. With an RFP or RFQ process associated with this Contract, the Board would undoubtedly lower their costs for these services and perhaps even improve operations. If you would like to discuss this matter further, please call me at (863)634-7185 or email me at snunes(a.cecenv.com. Sincerely, Seth E. Nunes, P.E. Vice President Carlson Environmental Consultants, PC Mr. Gratsky, CDM addressed the Boards questions concerning the RFQ. Staff advised the Board Tropicana received approval from their parent company to invest $11 million dollars to utilize as much gas as possible and the fact that CDM has a person available 24 hours on call should anything happen which may cost the company as well as the county money. Com. Mowery questioned why only one company applied. Staff advised the Board he did not know the answer however anyone of the companies had the opportunity to apply. The Chairman asked Mr. Nunes why they had not applied. Mr. Nunes stated there was a list of requirements stated and they are very qualified. He also addressed the costs. Mr. Gratsky addressed the process and indicated it was not that restrictive and anyone could have applied and qualified for some of the areas. Mr. Nunes stated there are some services where you do not need to be qualified and only have experience in the field for a few months and he believes some of the services should have been bid. Com. Craft stated he wanted to make sure they followed all the procedures in the purchasing manual. The County Attorney indicated they had and this was done some time ago and then there were no objections and as far as he can see they followed the law and did not see the RFQ being exclusionary. Com. Craft questioned why are they just being informed of this objection after 1.5 years. Mr. Nunes stated they had read the RFQ and they did not qualify. He was not going to argue about something and how it was written. He stated he would like the attorney to look at what services are being provided and possibly be bid or have a special hearing on this issue. Com. Dzadovsky indicated he had a concern with this jeopardizing the Tropicana expansion and the jobs being created. Com. Mowery stated he felt comfortable it being where it is today. VI. CONSENT AGENDA Com. Hutchinson requested Consent Item 6-H-3 be pulled for separate vote and advised the Board she would abstain from voting and/or any discussion on this item. Com. Dzadovsky expressed his concerns with the continued increase in cost for the HIV medications. It was moved by Com. Mowery, seconded by Com. Dzadovsky to approve the Consent Agenda with item B-4 pulled from the agenda and item 6-H-3 pulled for separate vote, and; upon roll call, motion carried unanimously. 3. Construction Services for the Pinecrest Estates Drainage Improvements The Board approved awarding bid #11-030 for construction services to Guettler Brothers Construction; LLC for the Pinecrest Estates Drainage Improvement project funded under the CDBG T. S. Fay, and authorized the Chairman to sign documents as approved by the County Attorney. It was moved by Com. Mowery, seconded by Com. Dzadovsky to approve staff recommendation, and; upon roll call, motion carried by a vote of 4 members with Com. Hutchinson abstaining. A. WARRANTS Approve warrant list No. 54, 55,1 and 2. The Board approved Warrant List Nos. 54, 55, 1 and 2. B. COUNTY ATTORNEY 1. Permission to Advertise — Certificate of Public Convenience and Necessity (CON) — Application for Class F for Vital Care Connection, Inc. The Board granted permission to advertise Vital Care Connection, Inc.'s application for Certificate of Public Convenience and Necessity for public hearing before the Board of County Commissioners on December 6, 2011, beginning at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED 2. St. Lucie International Airport — Consent to Assignment of Hangar Sublease from Steve Barnett to Roger Moore The Board consented to the Assignment of Sublease Agreement from Steve Barnett to Roger Moore. 3. Permission to Advertise Ordinance No.11-031 Flood Ordinance The Board granted permission to advertise proposed Ordinance No. 11-031 for public hearing before the Local Planning Agency on November 17, 2011, and the Board of County Commissioners on December 6, 2011, at 6:00 p.m. or as soon thereafter as may be heard and December 20, 2011, at 9:00 a.m. or as soon thereafter as may be heard. 4. Human Society of St. Lucie County, Inc. — Sixth Amendment to October 1, 2006 Agreement for Animal Impoundment Services This item was pulled from the agenda. Conservation Easement — Rockingham Carriage Service, Inc. — Resolution No.11-157 The Board accepted the Conservation Easement, authorized the Chairman to sign Resolution No. 11-157 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Donation of Right -of -Way — Rockingham Carriage Service, Inc. — 33.75 feet on Indrio Road — Resolution No. 11-158 The Board accepted the Warranty Deed of Donation, authorized the Chairman to sign Resolution No. 11-158 accepting the Warranty Deed of Donation and directed staff to record the documents in the Public Records of St. Lucie County, Florida. Road Impact Fee Credit Agreement 11-002 — Rockingham Carriage Service, Inc. The Board approved the Road Impact Fee Credit Agreement 11-002 with Rockingham Carriage Service, Inc., and authorized the Chairman to sign the Agreement and directed staff to record the Agreement in the Public Records of St. Lucie County, Florida. 8. Permission to schedule a public hearing to consider the revocation of a previously issued conditional use permit authorizing the operation of an air curtain incinerator on property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District. The Board granted permission to advertise a public hearing to revoke the conditional use permit for violation(s) of condition(s) imposed upon such approval. Resolution No. 11-161 — Authorizing County Administrator or designee to execute documents for Neighborhood Stabilization Program ("NSP") The Board adopted proposed Resolution No.11-161 as drafted. B. COUNTY ATTORNEY CONTINUED 10. Walton Road Annex - Fifth Amendment to Facilities Use Agreement with Port St. Lucie Historical Society, Inc. The Board approved the proposed Fifth Amendment to the Facilities Use Agreement with the Port St. Lucie Historical Society, Inc., and authorized the Chairman to sign the amendment. 11. U.S. Customs Facility Project - Administrative Amendment to Florida Department of Transportation Joint Participation Agreement The Board approved the proposed new Exhibit "A" to the Joint Participation Agreement with the Florida Department of Transportation for the U.S. Customs Facility Project, and authorized the Chairman to sign the authorization letter for the new exhibit. C. ENVIRONMENTAL RESOURCES Frito Lay Distribution Center— Release of Surety for the Landscaping Improvement Agreement 4 The Board approved the release of surety associated with the Frito Lay Landscaping Improvement Agreement, in the amount of $3,426.00, and authorized the Chairman to sign documents as approved by the County Attorney. D. OFFICE OF MANAGEMENT & BUDGET Purchasing Division: 1. Fixed Asset Inventory — Property Record Removal The Board approved the removal of the fixed assets, as listed on the attached Property Disposition Forms for the year-end of 2011, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. Fixed Asset Inventory -Property Record Removal The Board approved the removal of the fixed asset for the year-end of 2011, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. Fixed Asset Inventory -Property Removal The Board approved the removal of the fixed assets for the year-end of 2011, as listed on the attached Property Disposition Form, from the capital asset inventory of the St. Lucie County Supervisor of Elections Office. 4. Fixed Asset Inventory -Property Record Removal The Board approved the removal of the fixed assets for the year-end of 2011, as listed on the attached Property Disposition Forms, from the capital assets inventory of the St. Lucie County Property Appraiser Office. Fixed Asset Inventory -Property Record Removal The Board approved the removal of the fixed assets for the year-end of 2011, as listed on the attached Property Disposition Form, from the capital asset inventory of the St. Lucie County Tax Collector's Office. D. OFFICE OF MANAGEMENT & BUDGET CONTINUED St. Lucie County Sports Complex Loan Proceeds The Board approved Budget Resolution No. 11-159 for FY 2010-2011 and Budget Resolution No. 11-160 for FY 2011-2012 in order to adopt the budget and expend the funds as required by Section 129.06(D), Florida Statutes. E. MOSQUITO CONTROL & COASTAL MANAGEMENT Acceptance of grant from St. Johns River Water Management District (SJRWMD) The Board approved the acceptance of the SJRWMD grant and authorized the Chairman to execute the agreement, as approved by the County Attorney. F. PUBLIC WORKS Solid Waste Division: 1. CDM Work Authorization No. 7 for Landfill Gas Management The Board approved CDM Work Authorization No. 7 for services related to landfill gas management program for fiscal year 2011/12 — 2014/15 at $547,205 per fiscal year, totaling $2,188,820 and authorized the Chairman to execute documents as prepared by the County Attorney. Engineering Division: 2. Special Assessment Notice of Intent for 2012 The Board approved advertising 11 public hearings to consider use of the uniform method of collecting special assessments to be held at the Board's regular night meeting on December 6, 2011, as outlined in the agenda memorandum. 5 G. HUMAN RESOURCES Risk Management: Corizon Health Inmate HIV Medications Invoice for August, 2011 The Board approved payment of Corizon Health invoice number PHS0009923 for HIV Medications for the FY-2011 period of August 01, 2011 through August 31, 2011, in the amount of $57,583.13. H. HOUSING & COMMUNITY SERVICES Community Services/Transit Division: 1. Federal Transit Administration (FTA) 5307 FY11 Grant The Board approved the acceptance of FTA 5307 FL 90-X765 grant in the amount of $1,407,322, approval of the agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 11-155, as outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. H. HOUSING & COMMUNITY SERVICES CONTINUED Housing Division: 2. Grant Administration Services and Project Delivery Services for the Neighborhood Stabilization Program (NSP3). The Board approved awarding RFP No. 11-035, Grant Administration Services and Project Delivery Services for the Neighborhood Stabilization Program (NSP3), to Meridian Community Services Group, Inc. of Tallahassee, Florida and Budget Resolution No. 11- 164 and authorized the Chairman to sign the documents as prepared by the County Attorney. 4. Neighborhood Stabilization Program 3 (NSP 3) Action Plan Modification The Board approved modifying the NSP 3 Action Plan as outlined in the agenda memorandum. I. PLANNING & DEVELOPMENT SERVICES Business Development & Concurrency: Electricity Franchise Fee Refund Agreement The Board approved the Electricity Franchise Fee Refund Agreement and authorized the Chairman to sign the Agreement. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 11-029 — Revoking Regulation of Firearms due to State Preemption Consider staff recommendation to adopt Ordinance No. 11-029 and authorize the Chairman to sign the Ordinance. The Assistant County. Attorney addressed the changes made to the ordinance. Com. Dzadovsky stated he did not approve this Ordinance previously and he understands the Legislatures intent however he does not know if farmers have a concern with this change and stated he would not be in favor of the ordinance. It was moved by Com. Mowery, seconded by Com. Lewis, to approve Ordinance No. 11-029, and; upon roll call, the vote was as follows; Aye's: Commissioners Hutchinson, Lewis, Mowery, Craft; Nay: Com. Dzadovsky, motion to approve carried by a vote of 4 to 1. B. COUNTY ATTORNEY Ordinance No. 11-030 — Solid Waste Exclusive Commercial Franchises I. The County Attorney recommended a "Where As" clause be added indicating this ordinance does not affect yard waste only class 1 waste. He also recommended adding the words "for class 1 solid waste" in certain areas of the ordinance. Consider staff recommendation to adopt Ordinance No.11-030 and authorize the Chairman to sign the Ordinance. Mr. Dennis Korek with Dean, Meade, Minton Law Firm, addressed the Board and stated he did not believe the simple change recommended by the County Attorney is enough and explained his concern. He believes it requires more work shopping and discussion The County Attorney recommended striking the word recyclable materials from paragraph B and the words to recover recyclable materials from paragraph H. Mr. Korek respectfully indicated this would take away the county's authority and this is why he felt they needed more discussion. The County Attorney indicated he believed he could clarify this today, however if the Board was inclined to work shop this he had no objection. Mr. Korek indicated they would prefer to be given more time to review this and see what the county is attempting to accomplish. Ms. Patty Hamilton, VP Southern Waste Systems, addressed the Board and stated they would support the recommendation made by the last speaker. They support non-exclusive waste provider services and would welcome the opportunity to discuss this further. Mr. Dave Oversall, TC Refuse addressed the Board and indicated he was pleased the Board was looking to re -write the ordinance and he would opened to work shopping the item. They would support a non- exclusive waste provider. The County Attorney stated he believed they did not need to schedule a workshop but would be able to clarify the issue by the next scheduled date. It was moved by Com. Hutchinson, seconded by Com. Lewis, to continue this item on November 1st at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. C. PLANNING & DEVELOPMENT SERVICES Planning Division: Ordinance No. 11-002 — TVC Overlay Zone Land Development Regulations revisions, 2°d reading Consider staff recommendation to adopt Ordinance No. 11-002 amending the TVC Overlay Zone Land Development Regulations. Staff addressed the Board and indicated she has not had the opportunity to discuss this item with Com. Mowery and it is her understanding he would like to continue this item. She advised the Board she did not have a problem with continuing this item. Com. Mowery stated there was not a concern at this time to move it forward, so why make a hasty decision. Com. Dzadovsky advised the Board he was satisfied with the Regional Planning Councils letter and supported moving it to the next available scheduled time. It was moved by Com. Mowery, seconded by Com. Dzadovsky to continue this item on December 6th at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. REGULAR AGENDA Vill. PUBLIC WORKS CDM Work Authorization No. 8 for leachate force main Consider staff recommendation to approve of CDM Work Authorization No. 8 for engineering services related to design, permitting, bidding and construction administration for a proposed leachate transmission AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV -A DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No.11-123 - "National Hunger and Homeless Awareness Week" BACKGROUND: Vicki Hoyos, Executive Director. with Harvest Food & Outreach Center, has requested that this Board proclaim the week of November 13-19, 2011 as "NATIONAL HUNGER AND HOMELESS AWARENESS WEEK" in St. Lucie County, Florida. The attached Resolution No. 11-123 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 11-123 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: 3�� Daniel S. McIntyre ♦Jy RESOLUTION NO. 11-123 A RESOLUTION HONORING THE HARVEST FOOD & OUTREACH CENTER AND PROCLAIMING THE WEEK OF NOVEMBER 13-19, 2011 AS "NATIONAL HUNGER AND HOMELESS AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Harvest Food & Outreach Center, located on Orange Avenue in Fort Pierce, was founded in 2003 by Austin and Ginny Hunt. Ginny and Austin grew up on the Treasure Coast and both experienced the realities of growing up in homes that struggled financially. It was this journey of faith through life's challenges that gave them the passion to help those in need with basic necessities by lending an outstretched hand during times of crisis, as well as compassionate navigation towards a bright future of hope and stability. Austin, Ginny and the Harvest Food & Outreach team implemented an innovative food assistance program to financially assist the working poor on the Treasure Coast. 2. In 2006 Harvest Food & Outreach Center opened an additional 18,000 square foot facility in St. Lucie County which is currently serving over 500 families per day. This campus has the facilities needed to further develop the organization's programs aimed at helping those facing homelessness stay off the streets, those needing crisis intervention get with their basic needs met and get back on their feet, help children and families who are uninsured and need medical assistance, get families the skills and information they need to find employment opportunities, and most importantly give people hope to break free from the crisis of poverty. This campus now houses the Florida Department of Children and Families Access Center, as well as offering a unique one stop program for families in need. 3. The Harvest Food & Outreach Center has four proven programs. • The Cost Share Grocery Program serves families who fall at 200% of the Federal Poverty level or below. Clients receive a membership card (free of charge) which allows them to utilize this program. Over 95% of the food available through this program is purchased by Harvest Food and Outreach Center. Clients make a contribution toward the cost of the food which offsets the cost of fuel and handling. • The Crisis Program is for clients facing crisis situations. Eligible clients meet with Crisis Center staff who evaluate and address their immediate needs, provide them access to emergency food, housing referrals and casework services. All clients must complete an in -person intake with staff. • Educational opportunities through classes and groups are offered to the general public, free of charge. Topics include: Money Management, Nutrition, Computer Literacy and Healthy Relationships. Classes are facilitated by staff, local agencies and volunteers with specific expertise. The Passport to Prosperity and Summer Read & Feed Programs are targeted to long term programs for adults and children. • In collaboration with Workforce Solutions, Harvest Food & Outreach Center offers WF "Welfare Transition Program" clients an opportunity to exit the welfare system and gain employment and job readiness skills as well as life skills in conjunction with the Passport to Prosperity Program. NOW, THEREFORE, BE IT RESOLVED bythe Board of County Commissioners of St. Lucie County, Florida: 1. This Board adopts this resolution in recognition and appreciation of the Harvest Food and Outreach Center of St. Lucie County who have dedicated theirvaluable time and resources to help those in need to transform their lives by providingfood, crisis care, opportunities for education and employment, and a hand up to families, individuals and children who are fighting to break the cycle of poverty. 2. This Board does hereby proclaim the week of November 13-19, 2011, as "NATIONAL HUNGER AND HOMELESS AWARENESS WEEK" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 1st day of November, 2011. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. IV-B DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: BACKGROUND: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [) OTHER: County Attorney Resolution No. 11-133 - "SCOUTING FOR FOOD DAY" Richard Norwood, Scouting Volunteer with Gulfstream Council of the Boy Scouts of America, Treasure Coast District, has requested that this Board proclaim November 12, 2011 as "SCOUTING FOR FOOD DAY" in St. Lucie County, Florida. The attached Resolution No. 11-133 has been drafted for that purpose. Staff recommends thatthe Board adoptthe attached Resolution No. 11-133 as drafted. Review and Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Faye W: Outlaw, MPA County Administrator RESOLUTION NO. 11-133 A RESOLUTION PROCLAIMING NOVEMBER 12, 2011 AS "SCOUTING FOR FOOD DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The need for food by individuals and families has increased greatly in our communities. 2. The Boy Scouts of America, Gulf Stream Council, Treasure Coast District, and the local Cub Scout Packs, Boy Scout Troops, and Venturing Crews have been volunteering to collect canned and boxed food from local citizens for the past 23 years to assist the needy in our community. 3. The Boy Scouts of America of the Treasure Coast District and St. Lucie County encourage its citizens to donate as much canned and/or boxed food as they can, between November 5, 2011 through November 12, 2011 to provide our local food banks with foodstuffs to last through the holidays and into next year. 4. There are numerous individuals, public and private organizations who will work to assist the Boy Scouts of America to achieve their goal. Much of the immediate need for food is for those in the community suffering due to the current economic conditions or who have exhausted existing means of temporary support, and to help make sure the dietary needs of children of those families in need are met. 5. This Board recognizes the Boy. Scouts of America for their efforts in this worthwhile collection program and commends them for their dedication. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim November 12, 2011, as "SCOUTING FOR FOOD DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie Countyto recognize the contributions made bythe Boy Scouts of America to their community and to the nation and urges all citizens to volunteer their talents and energies on behalf of the Boy Scouts of America and the community. 3. This Board further urges the residents of St. Lucie County to participate in this worthwhile food collection program. PASSED AND DULY ADOPTED this 1st day of November, 2011. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-C DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 11-115 - Honoring the 60'h Anniversary Celebration of The Pilot Club of Fort Pierce BACKGROUND: Barbara Keck, with the Pilot Club of Fort Pierce, has requested that this Board honor the60"'Anniversary Celebration of The Pilot Club of Fort Pierce in St. Lucie County, Florida. The attached Resolution No. 11-115 has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Staff recommends that this Board adopt the attached Resolution No. 11-115 as drafted. Review and Approvals [XJ County Attorney: e Li---, Daniels. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION NO. 11-11S A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA HONORING THE PILOT CLUB OF FORT PIERCE'S CELEBRATION OF THEIR 6r ANNIVERSARY OF SERVICE TO ST. LUCIE COUNTY ON NOVEMBER 11, 2011 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has madethe following determinations: 1. The Pilot International Foundation is the charitable arm of Pilot International, a global organization of approximately 25,000 adult and youth members who are workingtogether to improve the quality of life in local communities and throughout the world. Pilot's service focus is helping people affected by brain disorders and disabilities through volunteer activities, projects and fundraisers. 2. The Pilot Club of Fort Pierce is a local chapter of Pilot International, a volunteer organization of women also focused on helping people affected by brain -related disorders and traumatic brain injuries. 3. The Pilot Club of Fort Pierce inducted a new board of directors on June 10, 2011, who are confident they will continue the legacy the Club has always had. 4. The Pilot Club of Fort Pierce hosts several annual events, including a Spring Fashion Show, a Brain Minders Carnival, a Charity Golf Tournament and a Bunco for Bracelets event. They have also raised money for scholarships, helmets for kids and bracelets for adults with Alzheimer's. 5. The Pilot Club of Fort Pierce will hold a celebration of their 60th anniversary on Sunday, November 13, 2011, contributing time and talents to fund-raising and service to help better the lives of local residents. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board calls upon the residents of St. Lucie County to honor the contributions of current and former members of the Pilot Club of Fort Pierce by participating in the many fund-raising events they have planned to raise money for this very worthy cause. PASSED AND DULY ADOPTED this V day of November, 2011. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney AGENDA REQUEST ITEM NO. IV,D DATE: November 1, 2011 REGULAR[x] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: BACKGROUND: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Resolution No. 11-148 "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County. Mary Barnes, with Alzheimer's Community Care, Inc., and Ellen Brown with Alzheimer's Association Southeast Florida Chapter have requested that this Board proclaim the month of November 2011 as "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. ,Lucie County, Florida. The attached Resolution No. 11-148 has been drafted for that purpose. Staff recommends thatthe Board adopt the attached Resolution No. 11-148 as drafted. Review and Approvals County Attorney Daniel McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION NO. 11-148 A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER 2011 AS "ALZHEIMER'S DISEASE AWARENESS MONTH IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Alzheimer's disease is a progressive, degenerative brain disorder that causes loss of memory, impaired thinking, confusion, disorientation and death. 2. In the United States 5.4 million people have probable Alzheimer's disease, and every sixty-nine (69) seconds another American develops the disease. 3. More than nine hundred sixty thousand (960,000) Floridians are caring for someone with dementia. 4. More than five hundred twenty-eight thousand (528,000) Floridians have Alzheimer's disease or related disorders, including ten thousand (10,000) in St. Lucie County. 5. Sixty (60%) percent of Alzheimer's caregivers are likely to die before the person they are caring for. 6. Sixty (60%) of all Alzheimer's patients will wander sometime during the disease process. 7. The safety and well-being of our Alzheimer's families living in our local communities is preserved, as well as their dignity and quality of life, and that services and resources are accessible to all cultures. 8. This Board extends its gratitude tothose advocates and service providers, including Alzheimer's Community Care and the Alzheimer's Association Southeast Florida Chapter, who provide vital care and support, value the need for dementia -specific care, and support.the Alzheimer's families, and a cure for Alzheimer's patients. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November 2011 as "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to learn more about Alzheimer's Disease and attend educational events that are free and open to the public during Alzheimer's Disease Awareness Month in St. Lucie County, Florida. \4 PASSED AND DULY ADOPTED this 1St day of November 2011. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IV-E DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-162 - proclaiming November 1, 2011 as "THE GREAT AMERICAN SMOKE -OUT DAY" in St. Lucie County, Florida. BACKGROUND: Marcella M. Bianco, Tobacco Prevention Specialist, with Florida Department of Health, Bureau of Tobacco Prevention Program, has requested that this Board proclaim November 1, 2011 as "THE GREAT AMERICAN SMOKE -OUT DAY" in St. Lucie County, Florida. The attached Resolution No. 11-162 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 11-162 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [) OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S., McIntyre RESOLUTION NO.11-162 A RESOLUTION PROCLAIMING NOVEMBER 17, 2011 AS "THE GREAT AMERICAN SMOKE -OUT DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The U.S. Surgeon General has said that smoking remains the single most preventable cause of premature death in our society. 2. Each year smoking accounts for 438,000 premature deaths in the United States and 38,000 non-smokers die as a result of exposure to second-hand smoke. 3. Smoking and related illnesses also account for 20% of all sick days taken by employees nationwide. 4. Forthirtyyears, millions of smokers have participated in theAmerican Cancer Society's Great American Smoke -Out, a day on which they give Vp cigarettes for twenty-four hours in the hope they may quit permanently. 5. A significant number of those who gave up cigarettes for the day were able to give up the habit entirely. 6. This demonstration of success suggests that the Great American Smoke -Out has potential for improving the health of the citizens of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim November 17, 2011 as "THE GREAT AMERICAN SMOKE -OUT DAY" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 1st day of November, 2011. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IV-F DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-163 - proclaiming the month of November 2011 as "PANCREATIC CANCER AWARENESS MONTH" in St. Lucie County, Florida. BACKGROUND: Michelle Plata Oesterle, a volunteer with Pancreatic Cancer Action Network, has requested that this Board proclaim the month of November 2011 as "PANCREATIC CANCER AWARENESS MONTH" in St. Lucie County, Florida. The attached Resolution No. 11-163 has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ J OTHER: Staff recommends that the Board adopt the attached Resolution No. 11-163 as drafted. Review and'Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION. N O.11-163 A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER 2011 AS "PANCREATIC CANCER AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In 2011, an estimated 44,030 people will be diagnosed with pancreatic cancer in the United States and 37,660 will die from the disease. 2. Pancreatic cancer is one of the deadliest cancers and isthe fourth leading cause of cancer death in the United States. 3. When symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and 74 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years. 4. Of all the racial/ethnic groups in the United States, African Americans have the highest incidence rate of pancreatic cancer, between 34 percent and 70 percent higher than the other groups. 5. Approximately 2,610 deaths will occur in Florida in 2011. 6. There is no cure for pancreatic cancer and there have been no significant improvements in survival rates in the last 40 years. 7. The Federal Government invests significantly less money in pancreatic. cancer research than it does in any of the other leading cancer killers; and pancreatic cancer research constitutes only approximately 2 percent of the National Cancer Institute's federal research funding, a figure far too low given the severity of the disease, its mortality rate, and how little is known about how to arrest it. 8. The Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in St. Lucie County and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer. 9. The Pancreatic Cancer Action Network and its affiliates in St. Lucie County support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure. 10. The good health and well-being of the residents of St. Lucie County are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November 2011 as "PANCREATIC CANCER AWARENESS MONTH" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 1st day of November, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. IV-G DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-166 - Renaming the Lawnwood Football Field as the "Calvin R. Triplett Football Field". BACKGROUND: Larry Lee, Jr. has requested that this Board rename the Lawnwood Football Field after the late Coach Calvin R. Triplett. Because of the diligent dedication by Coach Triplett to the youth of St. Lucie County, this Board believes that Mr. Triplett should be honored and remembered in a special way. The Lawnwood Football Field will now be known as "Calvin R. Triplett Football Field". This resolution has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 11-166 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [) DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals [XI County Attorney: �-2/ Daniel S. McIntyre RESOLUTION NO. 11-166 A RESOLUTION RENAMING THE LAWNWOOD STADIUM FOOTBALL FIELD AS "CALVIN R. TRIPLETT FOOTBALL FIELD" IN ST. LUCIE COUNTY, FLORIDA TO HONOR THE LATE COACH CALVIN R. TRIPLETT FOR HIS DEVOTION TO COACHING IN ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Calvin R. Triplett was hired in 1969 to coach football at Dan McCarty High School. Coach Triplett took a 3-7 team that had lost to Vero 61-0 in 1968 to a 7-3 record. 2. Coach Triplett coached the first three Fort Pierce Central teams. The first two were magical. No high school in Florida has ever done what Central's football teams did those first two years, including: • A record of 24-2, including 13-0 in 1971. • Coach Triplett won nine championships including three Suncoast Conference, two District, two Sectional, a State Runner-up in 1970, and AAA State Championships in 1971. • Thirty players received football scholarships in Coach Triplett's four years in Fort Pierce. • Five players made College All -American. • Seven players made their College's Hall of Fame. • Four players were drafted by the NFL. • Four players signed as free agents. • Four year overall record of 39-7, three year record at Central 32-4, and Suncoast Conference record of 21-0. • Coach Triplett won two state football championships in Mississippi, one in 1958 at McComb and the last in 1986 at Picayune High School. • Coach Triplett won numerous Coach of the Year awards in both Florida and Mississippi and was nominated for National Coach of the Year after the Central 1971 season. 3. Coach Calvin R. Triplett was a man that helped many young men find their way in life through his outstanding coaching skills. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby rename the Lawnwood Stadium Football Field as "CALVIN R. TRIPLETT FOOTBALL FIELD" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County, Florida to remember the outstanding accomplishments and contributions of Coach Calvin R. Triplett. PASSED AND DULY ADOPTED this day of , 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. IV-H DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: BACKGROUND: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [) OTHER: Resolution No. 11-170 - Proclaiming November 11, 2011 as "VETERANS DAY" in St. Lucie County, Florida. It has been requested that this Board proclaim November 11, 2011 as "Veterans Day" in St. Lucie County, Florida honoring current and former members of the United States Armed Services. This resolution has been drafted for that purpose. Staff recommends that the Board adopt the attached Resolution No. 11-170 as drafted. Review and Approvals X Count Attorney: L ] Y Y �. Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION NO. 11-170 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA HONORING THE CONTRIBUTIONS OF CURRENT AND FORMER MEMBERS OF THE UNITED STATES ARMED SERVICES BY RECOGNIZING NOVEMBER 11, 2011 AS "VETERANS DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. For more than 200 years, individuals from all walks of life have taken up arms and sworn an oath to support and defend the principles upon which our country was founded. 2. Throughout our history, courageous men and women have donned the uniform of our Armed Forces and built a noble tradition of faithful and dedicated service to our nation. 3. Veterans Day has been set aside as both a national and state holidayto honorthe fifty million American patriots who answered the call of duty, preserving ourfreedoms and often making the ultimate sacrifice. 4. We can never fully repay our debt of gratitude to those heroic men and women who served, were wounded, or even died in battle. 5. The unwavering commitment of our soldiers, sailors, airmen, Marines and Coast Guardsmen has preserved our freedoms and saved millions around the world from tyranny. 6. We continue to draw inspiration from ,the heroism and dedication of those who currently serve and sacrifice for the cause of liberty and justice. 7. It is fitting that all Floridians honor America's military veterans, including Florida's 1.8 million living veterans through whose service and sacrifice we today enjoy freedom and liberty. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board calls upon the residents of St. Lucie County to honor the contributions of current and former members of the United States Armed Services by participating in local Veterans Day activities honoring the men and women who have stood watch over America. 2. This Board does hereby proclaim November 11, 2011 as "VETERANS DAY" in St. Lucie County, Florida. PASSED AND DULY ADOPTED. this 15t day of November, 2011. Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: 'BY: County Attorney v AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV-1 DATE: November 1, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No.11-172 - proclaiming the month of November 2011 as "National Adoption Awareness Month" in St. Lucie County, Florida. BACKGROUND: Evelyn Arp, with the Treasure Coast Division Children's Home Society of Florida, has requested that this Board proclaim the month of November as "National Adoption Awareness Month" in St. Lucie County, Florida. The attached Resolution No. 11-172 has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Staff recommends that the Board adopt the attached Resolution No. 11-172 as drafted. [X] County Attorney: Daniel S. McIntyre Review and Approvals CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION NO. 11-172 A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER 2011 AS "NATIONAL ADOPTION AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. For more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families. 2. On any given day, approximately 125-175 children are awaiting adoptions on the Treasure Coast and in the last three years over 350 children have been given the gift of forever families. 3. Children's Home Society of Florida, Treasure Coast Division, works diligently with United for Families and the Department of Children & Families to ensure that every child has a forever family. 4. Children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support. S. Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November 2011 as "NATIONAL ADOPTION AWARENESS MONTH" in St. Lucie County, Florida. 2. This Board encourages community agencies, religious organizations, business and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. PASSED AND DULY ADOPTED this 1st day of November, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY BIG CHANGES TO OUR LITTLE GARDENS The plan for the James J. Smith Bonsai Collection display garden as shown at left, are be- ing developed by an exceptional team. Jim Smith envisioned "a walk through bonsai" where the visi- tor would discover a tree at every turn.. Sam Comer, Heathcote Board Trustee and co-owner of Hayslip Landscape is donating landscape design services, and Peter Moor & Associates is donating architectural design. "We are not trying to build a Japanese Gar- den," says Heathcote Director Amy Dahan. "One of Jim Smith's great contributions was interpreting the ancient art of bonsai through new tropical mate- rials. Our garden will interpret the principles of Japanese gardening through Central Florida ver- nacular materials. For instance, Peter Moor has designed an elegant open-air education pavilion. In a Japanese garden, one would expect to see teak or bamboo and a blue tile roof. We plan to use cy- press and corrugated iron." Sam Comer calls the unique style "Florida Cracker meets Japan." We encourage you to visit Heathcote to view larger plans and see the project in action. Heathcote's staff and volunteers have relocated the maintenance facilities. The former Orchid House has been "recycled" to create a new propagation house, which will be dedicated to the memory of Marian Gower. The Rain Forest, which was built as a memorial to Lib Tobey and deteriorated badly over the years is being painstakingly transplanted, and will be re -dedicated. Our Wednesday garden volunteers and staff have shown true grit, ingenuity and skill dur- ing this project. Many thanks to you all, and to our members for your financial support! GARDEN GO-GETTER J.J. TURNER GOES TO BAT J.J. Turner, president of the Treasure Coast Bonsai Society in- vited Heathcote to share a table at the Bonsai Societies of Florida An- nual Convention, which was held in Orlando on Memorial Day week- end. J.J. raised $2700 in new memberships and pledges for the new bonsai garden and curator's salary. The Treasure Coast Bonsai Society (TCBS) was founded in 1975 by Jim Smith and Heathcote's founding member, Gloria Moore. Jim Smith donated the trees that are currently displayed in Heathcote's Japanese Garden, and the TCBS continues to maintain both the Gar- den and the trees. Richard Turner and J.J., their sons Jordan and Jona- than, Jim Van Landingham, Joe Verrone, and of course, Jim Smith are among the members that have donated outstanding services to Heath- cote's bonsai collection over the years. THANK YOU J.J. & TCBS! At right, June Jones (standing) and J.J. Turner at the Convention 10/21/11 FZABWARR FUND TITLE 001 001518 001519 001529 001531 101 101002 101003 101004 101006 102 102001 102B12 107 107001 107003 107006 129 130 130100 130101 130102 130103 130104 130105 130107 130210 130213 140 140358 140366 140372 183 183004 183006 185010 189100 189102 190 262 310001 318 382 397 401 418 451 45B ST. LUCIE COUNTY - BOARD WARRANT LIST #56- 15-OCT-2011 TO 21-OCT-2011 FUND SUMMARY General Fund Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery CSBG FY 2011 US DHHS Earned Income Tax Cr 10/11 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA Operating and Capital Assist FTA 5307-ARRA 2009 Capital Projects FTA 5316 Job Access And Rev Commute FTA 5317 New Freedom Enhanced Servi FTA 5307-2 2009 Cap & Oper FTA 5311 Block Grant FDOT 5311 Block Grant FCTD Trip and Equipment Airport Fund FDOT Update Master Drainage Plan FDOT-Stormwater Pollution Prev. FDOT Term/Cus Fac Ren Phs 1 Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2008/2009 Home Consortium Home Consortium 2009 Sports Complex Fund Tourism Dev 4th Cent I&S Fund Impact Fees -Library County Capital -Transportation Bond Environmental Land Capital Fund Lennard Road 2 - Water Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund EXPENSES 503,403.84 8,379.50 44,084.92 5,916.43 90.00 483.00 28,357.48 11,077.09 15,219.40 48,654.15 39,106.54 13,293.90 69.69 14,575.21 161,288.74 B,448.00 20,596.12 7,680.00 63,115.87 2,315.74 38,565.87 930.13 23,231.57 14,488.52 613.46 8,875.23 138,408.17 28,711.00 7,328.72 1,216.75 5,844.15 14,530.00 13,674.24 359.56 16.83 168.56 22,064.28 494.34 41,842.45 25,159.89 62.20 6,600.00 15,750.00 18,075.00 49,355.66 7,514.10 33,377.09 2,119.35 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 r 10/21/11 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #56- 15-OCT-2011 TO 21-OCT-2011 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 471 No County Utility District-Operatin 63,586.06 0.00 478 No Cty Util Dist -Renewal & Replace 15,607.71 0.00 479 No Cty Util Dist -Capital Facilities 1,003.50 0.00 491 Building Code Fund 334.48 0.00 505 Health Insurance Fund 101,775.87 0.00 505001 Property/Casualty Insurance Fund 40,724.88 0.00 611 Tourist Development Trust-Adv Fund 600.00 0.00 665 SLC Art in Public Places Trust Fund 750.00 0.00 801 Bank Fund 4,972.71 0.00 GRAND TOTAL: 1,744,887.95 0.00 10/21/11 FZABWARR FUND TITLE 001 001446 001447 001516 001518 001519 001534 001537 001539 101002 101003 101004 107 107003 107005 107006 140 140001 160 183 183001 183004 1B3006 190 216 310001 401 418 451 471 505 505001 611 650 801 ST. LUCIE COUNTY - BOARD WARRANT LIST 43 - 15-OCT-2011 TO 21-OCT-2011 FUND SUMMARY General Fund EMPA FY12 FTCD Planning Grant Agr FY11-12 Homeland Security -Issue 10 Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Shelter Plus Care 2010 Safe Routes to School Program Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Fine & Forfeiture Fund Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Sports Complex Fund County. Capital I&S Impact Fees -Library Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund No County Utility District-Operatin Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Agency Fund Bank Fund GRAND TOTAL: EXPENSES 48,959.88 186.27 160.00 147.50 7,270.00 1,303.33 75.00 131.15 87.50 460.66 1,238.29 188.01 165,310.36 3,720.33 1B4O43.84 201.99 2, 646.8B 148.80 7,205.69 3,359.75 20.00 1,854.34 15,171.77 4,259.03 1,202.00 11,359.24 21,900.44 18,802.75 743.47 193.98 1, 328.75 19, 911.29 125.00 2,000.00 23,624.75 383,342.04 PAGE PAYROLL 30,180.B5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 0.00 30, 977. 65 04 Y, AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-1 Date: November 1, 2011 Regular [ ] Public Hearing [ ] Consent [X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County, International Airport Consent to Assignment and Assumption of Hangar Sublease from KJ5, L.L.C. to Robinson Air Crane, Inc. BACKGROUND: See C.A. No. 11-1436 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the Assignment Assumption of hangar sublease from KJS, L.L.C. to Robinson Air Crane, Inc. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator 9 Coordination/Signatures County Attorney: �/� Mgt. & Budget: Purchasing: 9 9 g 1) 1 S Int re Originating Dept.: Other: Other Mark Satterlee Todd Cox 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: 11-1436 DATE: October 21, 2011 SUBJECT: St. Lucie County International Airport - Consent to Assignment and Assumption of Hangar Sublease from KJ5, L.L.C. to Robinson Air Crane, Inc. BACKGROUND: KJ5, L.L.C. entered into a sublease with B & E Houck Enterprises, Inc. for Hangar 8 West at the St. Lucie County International Airport on April 3, 2002. The sublease was subsequently assigned to Fort Pierce FBO, L.L.C. when it purchased the Fixed Base Operation (TBO") from the Houcks. As indicated in the attached Assignment and Assumption, KJS, L.L.C. has assigned the sublease to Robinson Air Crane, Inc., and has requested the County's consent as required under the FBO master lease. Fort Pierce FBO, L.L.C. has already given its consent to the transaction. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners consent to the Assignment and Assumption of the Hangar 8 West sublease from KJ5, L.L.C. to Robinson Air Crane, Inc., and authorize the Chairman to sign the Consent. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ e Copies to: County Administrator Planning and Development Services Director Airport Manager ASSIGNMENT AND ASSUMPTION THIS ASSIGNMENT AND ASSUMPTION (this "As made 2011, by and between KIS, LLC, a Florida limited liability company s ---- day of October, AIR. CRANE, INC., a Florida corporation ("Assignee"y ("Assignor") and. ROBINSON WHEREAS, Assignee is the Sublessee Of that certain Sublease Agreement 2002 between B & E Houck Enterprises, Inc., as Sublessor, and KJS, LLC, as Sublssee, for Htan April guest at the St. Lucie County International Airport as described ' Exhibit A a�tta,ched hax ereto and incorporated by reference (the "Sublease"); and WHEREAS, Fort Pierce FBO, LLC is the successor in interest to the original Sublessor under the Sublease; and WHEREAS, Assignee has agreed to purchase the Assignor's interest the Sublease Agreement; and Sublease WHEREAS, Assignee has agreed toand assume all of the obligations of Assignor under, the WHEREAS, Assignor desires to assign, transfer and convey auto Assignee, all of Assignor's right, title, interest and claim in and to said Sublease, and Assignee has agreed to assume all of the Obligations of Assignor under the Sublease; and WHEREAS, the certain Amended and Restated Lease Agreement dated October ] 4, 20D0 between St. Lucie County, as successor in interest to the St. Lucie County Part and A' Enterprises, Inc., as recorded in Official Records Book 1343, Page 885, Public, Records of St. Lucie County, Florida (the "Master Lease"), requires the Lessor to consent to this Assignment. NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and for other good and valuable consideration. paid to the Assignor, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. Assignor does hereby transfer, convey and assign unto Assignee all of Assignor's estate, right, title, claim and interest as Sublessee in and to that certain Sublease Agreement dated April 3, 2002 between B & E Houck Enterprises, Inc., as Sublessor, and K TS, LLC, as Sublessee, for Hangar Surest at: the St. Lucie County Internationale nternational Airport as .described in Exhibit A,, subject to all of the terms, conditions and provisions thereof and the Master Lease, 2. Assignor warrants and repre8e nts to be the.1awful owner ofthe Sublease and all rights and interest therein and has full rights to snake this assignment; that the Sublease rent is current, that there exists no anvarage or default in the performance of any provision, no action has been taken by Sublessor to avoid or declare a default in the Sublease. responsibilities of the Sublease accruing subsequent hereto, and agrees to comply with all of the terms and conditions of the Sublease. IN WITNESS WBEREOF, the Assignor and Assignee have hereunto set theirhands and seals the day and date first above written. _.- .e STATE OF FLORIDA ) )SS: COUNTY OF ST. LUCIE ) The foregoing Assignment was acknowledged before me this Iq day of October, 2011, by Russe lor, Sr., manager of KJS, LLC, a Florida limited liability company. Such individual is !all own me or produced as identification. Notary Public, State of r : at Large My Commission expires: 2 ot�`r °196 Notary Public State of Florida Typed, d�ooh nIMM2®t„ crems` EXPlraa 04106/2013 o4�r ° �,t.Public State of Florida e ti .Ckaulin Rodriau�z Eor t•. "cp.r.s ;4/06/2013 u STATE OF FLORIDA ) )SS: COUNTY OF ST. LUCIE ) The foregoing Assignment was acknowledged before me this day of October, 2011, by James ent of ROBINSON AIR CRANE, INC., a Florida corporation. Such individual is personally known me or produced as identification. Notary Public, State of at Large My Commission expires: 3 =ptPLY A(/ , Notary Public State of Florida ,. Mary Jackqulin Rodriguez CW - ff My Commission DDS77471 CONSENT OF SUBLESSOR Fort Pierce FBO, LLC, as current Sublessor under the Sublease as described hereinabove, hereby consents to the above assignment to ROBINSON AIR CRANE, INC., a Florida corporation. Fort Pierce FBO, LLC, as current Sublessor, further consents to assumption by ROBINSON AIR CRANE, INC. to the obligations under the Sublease. Fort Pierce FBO, LLC, further agrees to the use of the premises by ROBINSON AIR CRANE, INC, as restricted in the assigned sublease, dated April 3, 2002, by and between KJS, LLC, and B & E Houck Enterprises, Inc, to the following uses, under paragraph IX: Aircraft Sales, Storage, Repair, and Maintenance of aircraft, and the sale of aircraft parts Dated: ZL day of D &I'6b-t0k , 2011. FORT PIERB , LLC By: -1Z6j Its: Vice resident of Operations CONSENT OF ST. LUCIC COUNTY ST. LUCIC COUNTY, as Lessor under the Master Lease as described hereinabove, does hereby consent to the assignment of the aforesaid Sublease by KJS, LLC., a Florida limited liability company (".Assignor"), to ROBINSON AIR CRANE, INC., a Florida corporation ("Assignee"). ST. LUCIE COUNTY further consents to the agreement by Assignee to assume, on and after the payment of rent and performance of all duties and obligations as set forth in the Sublease, Master Lease and any addenda. Attest: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman Date: Approved as to Form and Correctness: 5 County Attorney Bill of Sale Know All Men By These Presents, that this LL day of October, 2011, KJS, LLC, a Florida limited liability company ("Seller") and ROBINSON AIR CRANE, INC., a Florida corporation ("Buyer"), whose address is P.O Box 603, Opa Locka, FL 33054. W itnesseth, that Seller, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid to Seller by Buyer, receipt and sufficiency of which is hereby acknowledged, delivers, grants, bargains, sells and transfers forever to Buyer, its successors and assigns forever, the following goods and chattels, to wit: That certain Airplane Hangar known as $West at the St. Lucie International Airport, located at 3040 Airmans Drive, Fort Pierce, Florida 34950, subject to the terms and conditions of that certain Sublease Agreement dated April 3, 2002 between Fort Pierce FBO, LLC, as current Sublessor, and KJS, LLC, as Sublessee, which Sublease has been contemporaneously assigned to and assumed by Buyer. To Have and to Hold the same unto Buyer, and Buyer's successors and assigns forever. Seller covenants to Buyer that Seller is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that Seller has good right to sell such property, and that Seller wrill warrant and defend the sale of said property, goods and chattels unto the Buyer against the lawful claims and demands of all persons whomsoever. This covenant shall be binding upon the Seller and the Seller's successors and assigns. IN WITNESS WHEREOF, the Assignor and Assi ave hereunto set their hands and seals the day and date first above written. 1A Signed, sealed and delivered S, LLC a onda I' abi ' ompany In the p sence R Y: ;9 usse Ayvr, r., e Witness r Witness Notary Public State of Florida r?'IwEi Mary Jackqulin Rodriguez nnn�f7 A'fA U STATE OF FLORIDA ) )SS: COUNTY OF ST. LUCIE ) The foregoing Assignment was acknowledged before me this day of October, 2011, by Russell S. Taylor, Sr., Manager of KiS, LLC, a Florida limited liability company. Such individual is personally known to me or produced as identification. Notary Public, State of at Large My Commission expi�s: TYP c av My Commission DD877471 'rEOF f`pP� Expires 0410612013 AGENDA REQUEST ITEM NO: VI-B-2 DATE: November 1, 2011 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT,): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement Valerie J. Anderson Bruno's Chocolate Factory Facade Renovations BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Valerie J. Anderson to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator Review and Annrovals [x] County Attorney: [x] Road and Brid e: x Public Works: Daniel McIntyre Don Pauley Don West _ [x] Originating Dept: J�12 [x] Engineering: cV 4� [x] County Surveyor: JoAnn Riley Mike Powley Ron Harris S:\ACQ\WPUanet\Licenseagree\Hunt Ave- Bruno Chocolate Factory\Agenda.doc t ;y a, PROPFRTYACQUISITION DIVISION "LA MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 1, 2011 SUBJECT: Revocable License Agreement Valerie J. Anderson Bruno's Chocolate Factory Facade Renovations BACKGROUND: . Valerie J. Anderson, owner of Bruno's Chocolate Factory, requests a Revocable License Agreement for a roof overhanging in the County right-of-way of Hunt Avenue. The original structure was built in 1955, and does not meet today's setback requirements. The Revocable License Agreement requires them to install a gutter system to contain any water from the roof's overhang and not have it drain into Hunt Avenue causing washouts. Staff has approved the Revocable License Agreement with the understanding if the encroachment causes any flooding or washouts along the overhang of Hunt Avenue, it will be the responsibility of the owner, to repair at their expense. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Valerie J. Anderson to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, o nn Riley Property Acquisition Manager. 5:\ACQ\WP\Janet\Licenseagree\Hunt Ave- Bruno Chocolate Factory\MEMO to Commissionersmpcl swriL 8AL a AMWIL'I "HIT" 1, oi F VIA, A 91n 12 13 1. 15 2j M 23 211 13 "1 11 13 1 111 1 3 1 F-:J 3[31�O'n3l C3 e} St Lucie County - Planning and Development Services Attn: Robin Meyer Re: Chocolate Factory Fagade Renovation at 2650 North US 1 Ft. Pierce Dear Mr. Meyer, To the best of our knowledge, the existing wood canopy roof at the front of our building is an original feature of the building circa. 1955. We currently have a lease with Florida DOT for the use of the right-of-way out front (copy of lease attached). We also agree that the entire roof line will receive gutters and that water from this system will retain water on the property and not interfere with the Hunt Ave right- of-way. As requested we will obtain an agreement with St. Lucie County regarding this matter. Thank you. Valerie Anderson Douglas Anderson St Lucie County - Planning and Development Services Attn: Robin Meyer Re: Chocolate Factory Fagade Renovation at 2650 North US 1 Ft. Pierce Dear Mr. Meyer, To the best of our knowledge, the existing wood canopy roof at the front of our building is an original feature of the building circa. 1955. We currently have a lease with Florida DOT for the use of the right-of-way out front (copy of lease attached). We also agree that the entire roof line will receive gutters and that water from this system will retain water on the property and not interfere with the Hunt Ave right- of-way. As requested we will obtain an agreement with St. Lucie County regarding this matter. Thank you. Valerie Anderson Douglas Anderson Janet Licausi 0 From: Sent: Cc: Subject: Attachments: Greg_Oldakowski <greg@grandefl.com> Thursday, September 29, 2011 10:33 AM Irvie Saunders; Janet Licausi ? Robin Meyer, Paula Bushby; JoAnn Riley ; p/l .,`t RE: Bruno's Chocolate Facade Renovation 'c,>J s►t��'�\��` Brunos - Letter to P&Z.pdf; Brunos - Florida DOT - Lease Agreement.pdf; Brunos r 'Id DOT - Lease Agreement Renewal.pdf, Bru nos - Survey to SLC P&Z.pdf To All — please find the following attachments for the Bruno's Chocolate Fagade Renovation. We have included an affidavit letter from the Owners, their Florida DOT lease agreement/renewal and a survey of the property. Three (3) signed/sealed surveys were hand -delivered to Planning on 9/26/11. 'In speaking with Mrs. Licausi this morning, an agreement with SLC regarding containment of water via gutter system for roof overhang extending above right-of-way adjacent to Hunt Ave. is necessary. Please draft the license agreement and expedite to required departments to obtain board approval. Please complete the P&Z review process and forward construction documents/plans to the Building Dept, for their respective review, Should there be any questions, I can be reached at 772-336-7240 or on my cell at 772-528-8582. Thank you, Greg Oldakowski Grande Construction of Florida, Inc. From: Irvie Saunders[mailto:saundersi@stlucieco.org] Sent: Wednesday, September 28, 2011 4:57 PM To: GREG@GRANDEFL.COM Cc: Robin Meyer; Paula Bushby; JoAnn Riley Subject: Bruno's Chocolate Greg, I spoke with Robin Meyer, Code Compliance Director and he stated we will accept an affidavit from the owners that the patio cover has been inexistence since the date of purchase in 1981. The plans indicate that the proposed towers and entry will be built within the footprint of the patio and existing canopy to be removed. However, since the plans indicate the proposed roof of the south side tower will overhang the property line and encroach into the ROW easement, the owners will need to acquire a license agreement from SLC Acquisitions. You can reach JoAnn Riley at 462-2825 for information on acquiring an application. Please provide us a copy of the lease agreement with Florida DOT for the parking spaces which encroach into the ROW on US Hwy 1. We will go ahead with the review process of your application and plans, however we will not be able to issue it until the license agreement is approved. If you have any further questions, please do not hesitate to contact me. Thanks. Irvie Saunders Planning 9ech Planning and Development Services Office: (772)462-1557 Email: saundersi@stlucieco.orA Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e- mail and delete all materials from all computers. 1 V This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the 'County") and VALERIE J. ANDERSON, whose address is 5632 Riverboat Circle SW, Vero Beach FL 32962, (the "Owner'). WHEREAS, the Owner owns the property described as follows: M. D. Hunt Subdivision, Block A, Lots 1, 2 and 3 Parcel I.D. 1433-501-0001-000/8 WHEREAS, the County is the owner of the property described'as That portion of a County road right-of-way known as Hunt Avenue, lying in Section 33, Township 34 South, Range 40 East, and part of M.D. Hunt Subdivision, Plat Book 9, Page 47, St. Lucie County, Florida. WHEREAS, the Owner has requested a Revocable License Agreement for a roof overhanging in the County right-of-way of Hunt Avenue. WHEREAS, the County is willing to permit the Owner to use the Hunt Avenue right-of-way for the encroachment of the roofs overhang of the structure located at 2650 N. U.S Highway 1 subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, inconsideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the roofs overhang in the right-of-way of Hunt Avenue. The roof's overhang shall encroach in the. Hunt Avenue right-of-way. This Revocable License Agreement shall extend only to the roofs overhang and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to keep and maintain the roofs overhang in the right-of-way of Hunt Avenue. The Owner will have to contain any water from the roofs overhang and not have it drain into Hunt Avenue causing washouts. The Owner will have to install a gutter system along the overhang above the right-of-way of Hunt Avenue. n Any flooding or washout along the right-of-way caused by the drainage will be the responsibility of the Owner to repair. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install and maintain the roofs overhang and gutter system, per plans submitted to the Building and Code Regulation Division, in the right-of-way of Hunt Avenue. 4. The Owner shall install the roofs overhang in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. 5. This Revocable License Agreement shall be binding on future's uccessors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the roofs overhang or gutter system at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the structure or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the structure in the Hunt Avenue right-of-way. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. The roofs overhang and gutter system shall be constructed in accordance with all applicable Florida Building Codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 10. The Owner agrees to allow County employees access to the location of the roofs overhang for County purposes as determined by the County Engineer. 11. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer With copy to: Engineering Division County Attorney 2300 Virginia Avenue, 2nd Floor 2300 Virginia Avenue, 3rd Floor Fort Pierce, ,FL 34982 Fort Pierce, FL 34982 As to Owner: Valerie Anderson 5632 Riverboat Cir SW Vero Beach, FL 32962 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 13. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY i,' W-r!, 1 . `7. STATE OF FLORIDA COUNTY OF 00biA4) 0,,-N - The foregoing instrument was acknowledged before me this _��day of fGTnta�P 2011, by Valerie J. Anderson who produced FL,4)pt ✓0,.S lie-- (type of identification) and who did take an oath. WITNESS my hand and official seal, this icQ-rI`day of DC- o8r-P A.D., 2011. , ►�"rho .W JOANINBE M. COSCIA Sig ture of Notary Public "= MY COMMISSION # DD765019 EXPIRES March 04, 2012©A/J'A; U C) C-� C-1 14 (407►398-0153 FloddallotaryService.com Name of Notary Public Typed, Printed or Stamped AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Dr. Thomas Carlos Prima Vista Animal Hospital BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See an attached Memorandum N/A ITEM NO: VI-B-3 DATE: November 1, 2011 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Dr. Thomas Carlos to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator Review and Approvals TT [x] County Attorney: [x] Road and Bridge:iy� [x] Public Works: Daniel McIntyre Don Pauley (4P_�Don West [x] Originating Dept: Jhit [x] Engineering: � [x] County Surveyor: JoAnn Riley Mike Powley Ron Harris . S:WCQ\WPUanet\Licenseagree\Prima Vista -Ravenswood Canal\Agenda.doc PROPERTYACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 1, 2011 SUBJECT: Revocable License Agreement Prima Vista Animal Hospital Dr. Thomas Carlos BACKGROUND: Dr. Thomas Carlos requests a Revocable License Agreement to use 308 square feet of parking pavement area in the County's Drainage right-of-way that runs along his East property line. On February 16, 2011, Dr. Thomas Carlos purchased the property from the St. Lucie County Fire District. During construction of Station 3, at 250 SW Prima Vista Boulevard, the Fire District constructed the parking pavement area approximately 5-feet into the County's Drainage right-of-way. Dr. Carlos requests permission for the parking pavement area to remain. Staff has no objection to the parking pavement area remaining as we have maintained the Drainage right-of-way without any problems. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Dr. Thomas Carlos to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, JoAnn Riley Property Acquisition Manager 5:\ACQ\WP\Janet\Licenseagree\Prima Vista -Ravenswood Canal\MEMO to Commissioners.wpd SW! RRIMA`UISITA'BI�/D Y <,. c, a. v -. cl _ ° W 0 LW Cl)� ° - p Q `I Q0 C U. 0. o ,� w (/j v th, OL m S .UP ,Ot NNI-1 WHO c m HD H,9 °c a . �. c II T LF.8 OQ Q O 05. WwWI�I °• ..n d �.."v•..wu iz� °; ? w of H°Lr E 3 WA°. Z .. '.. n. WmM ° :° 0 '' O°9 3S ON } '1N0 d 1dSE. V V_ a LU a I IL N ,gI1pI' 13S rn o oc < ci OOlHNtl3d 1!S'090* o=�== i13M3S 13 q 0 V Y c a0 _J ~ Cw N3W3Stl3 ,01 N9IS �9a ° v Y, 0.9ZL M„Of,8L.00N 3NIl ' 0 atla d0is •ou00. g •c[o.l d° n X W c9 �. This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and THOMAS E. CARLOS, whose address is 5001 N. 12th Avenue Pensacola FL 32504, (the "Owner"). WHEREAS, the Owner owns the property described as follows: Port St. Lucie - Section 60 - Tract F Parcel I.D. 3420-800-0030-000-4 WHEREAS, the County is the owner of the property described as: 100-foot Drainage right-of-way along the rear of the Owner's property WHEREAS, the Owner has requested a Revocable License Agreement to use 308 square feet of parking pavement area in the Drainage right-of-way. This pavement extends approximately 5-feet into the Drainage right-of-way. WHEREAS, the County is willing to permit the Owner to use the 308 square feet in the Drainage right-of-way subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the 308 square feet of parking pavement. This Revocable License Agreement shall extend only to the 308 square feet and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to use and maintain the 308 square feet of parking pavement area in the Drainage right-of-way. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to use and maintain the 308 square feet of parking pavement area, in the Drainage right-of- way. 4. The Owner shall maintain the parking pavement area in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the parking pavement area at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the structure or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the pavement in the Drainage right-of-way if requested by the County. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. The parking pavement area shall be maintained in the same or better condition as of the date of this Agreement solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 10. The Owner agrees to allow County employees access to the location of the parking pavement area for County purposes as determined by the County Engineer. 11. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered, by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 2 With Copies to: County Engineer 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Thomas E. Carlos 5001 N, 12`h Avenue Pensacola, FL 32504 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12. As consideration for the County granting this Revocable License Agreement the. Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 13. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK 3 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY � .Witness (signature/)/ THOMAS E. CARLOS Witness (print name) itness (signature) Witness (print name) STATE OF FLORIDA _ `� 1 COUNTY OF Car k` � 4-- The foregoing instrument was acknowledged before me this -ft day of (..E)2&jf: 2011, by Thomas E. Carlos who produced `DrtvwyStiC,(type of identification) and who did take an oath. WITNESS my hand and official seal, this 101day of ©C40iD/r� A.D., 2011. ignature of Not ublic Name of Notar blic Typed, Printed or Stamped t EE070826 ': R EXPIRES Z Mar. 06, 2015 4 AGENDA REQUEST ITEM NO. VI-B-4 DATE: 11-01-11 REGULAR[,] PUBLIC HEARING [ ] CONSENT [)q TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin Criminal Justice Coordinator SUBJECT: Approve Contract Amendment for Mental Health/Substance Abuse services offered by New Horizons of the Treasure Coast BACKGROUND: Please see attached Memorandum CA No. 11-1417. FUNDS AVAIL: $481,000.00 has been approved in the criminal justice budget 11/12 for mental health services through New Horizons. The account string is: 107-2360-534000-200. PREVIOUS ACTION: In FY06/07, the Board funded these services and has done the same for the past five (5) years. RECOMMENDATION: Staff recommends the Board approve the contract Amendment with New Horizons. The contract amendment will have a retroactive start date of October 1, 2011, in compliance with services rendered since the start of the 2011/2012 budget year. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [x] Management & Budget: Lk'L- Dan McIntyre Marie Gouin, Director Patty Marston, Analyst County Attorney MEMO RANDUM11-1419 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: November 1, 2011 SUBJECT: Approval of Contract Amendment for Mental Health/Substance Abuse services offered by New Horizons of the Treasure Coast ITEM NO. VI B 4 Background: On September 20, 2011, the Board approved the contract with New Horizons of the Treasure Coast to provide mental health and substance abuse services to individuals involved with the criminal justice system for FY 11/12. The original contract did not specify that telecommunications and equipment outlined in the Contract's Exhibit (A) would be paid directly by the County. The equipment rental (copy machine) and telecommunications will reduce the original total funding to New Horizons from 481,000.00 to 474,023.80 dollars. New Horizons will still benefit from the 6,976.20 reduction, in which the County will disburse the payment for the equipment rental and telecommunications directly, thereby reducing redundancy in the payment process. Recommendation: Staff recommends the Board approve the contract amendment with New Horizons of the Treasure Coast. . CONTRACT Amendment One THIS CONTRACT, made this lst day of November, 2011, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY', and NEW HORIZONS OF THE TREASURE COAST, their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WITNESSETH: WHEREAS, the County desires to retain the services of the Contractor to provide services and support to defendants with mental health and/or co-occurring issues who would otherwise be incarcerated in the St. Lucie County Jail through St. Lucie County's mental health court without other resources or funds; and WHEREAS, the Contractor desires to provide the County with such services. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to furnish the labor necessary to carry out this Contract in the manner and to the full extent as set forth herein and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the services to be provided under this Contract are an array of community -based services including, but not limited to transitional or temporary housing, medication, medication management, case management, mental health therapy, and substance abuse therapy services for mental health court participants who have no other funds, benefits or resources to cover those services and would otherwise be incarcerated in the County Jail (as more specifically as set forth in Exhibit A attached hereto and made a part hereof). The Contractor may also provide incidental services, as approved by the Mental Health Court Team, for eligible individuals. 3. PROJECT MANAGER The Project Manager for the County is Mark Godwin at (772) 462-1441. The Project Manager for the Contractor is `John Romano at 772-672-8350. (Julie Dolan is the financial contact (772) 672- 8368) The parties shall direct all matters arising in connection with the performance of this Contract, other than notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, has no authority to approve or execute Change Order Work. 4. TERM The term of this Contract shall start on October 1, 2011 and terminate on September 30, 2012. 5. CONTRACT DOCUMENTS The Contract documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 1 through 18 inclusive. B. Insurance certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. C. Any modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents. shall be interpreted in favor of this Contract. 6. REPORTS AND RECORDS A. The Contractor shall maintain during the term of this Contract, all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Contract. The form of all such records and reports shall be subject to the approval of the Project Manager or his designee prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. 2 B. On or before the 20 day following the end of each calendar month throughout the term of this contract the Contractor shall furnish to the Project Manager or his designee a report of all persons receiving services under this Contract during the preceding calendar month, on forms approved by the Project Manager or his designee. This report shall be signed by the Contractor certifying its accuracy. C. All records of the Contractor necessary to verify the report set forth herein shall be available to the Contract Manager or his designee and the County's auditors at a reasonable location in St. Lucie County, Florida, for a period of six years after the starting date of this Contract. 7. SERVICES ANb CONTRACT PAYMENT The Contractor shall provide services specifically described in Amended Exhibit "A" attached in accordance with the Contract documents. The fee shall be calculated on a fee for service after voucher pursuant to the schedule as set forth in 'Amended Exhibit A" for services rendered not to exceed $481,000 annually. All services to be proved to Mental Health Court clients will be preauthorized by the Mental Health Court Team using vouchers (Attached). Services that exceed the preauthorized amount or time must be submitted to the Mental Health Court Team for further review and approval. Monthly invoices shall be presented to the County for payment on a Request for Payment Form approved by the County. The invoices shall be in sufficient detail to allow for pre audit and post audit function. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of Section 216, 70, Florida Statutes, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 8. REIMBURSEMENT The intent is for the Contractor to provide mental health and related services to uninsured or underinsured Mental Health Court participants. The Mental Health Court participants will be assisted in promptly applying or reapplying for benefits. In the event participants are eligible or become eligible for benefits, any retroactive and prospective reimbursement for services provided will be diligently sought. Upon receipt of payment from a third party or other payer source, reimbursement- less 12% administrative fee to the Contractor - shall be credited to the County. The Contractor will provide to the County a quarterly report detailing any anticipated or received reimbursements. 3 9. PUBLIC CONTACT OF CONTRACTOR EMPLOYEES Contractor's employees or independent contractors in contact with the public shall perform their duties in an efficient and courteous manner. Failure of an employee/independent contractor to do so shall be grounds for the County Administrator or his designee to demand his or her removal from duties. All professionals, with the exception of the project manager shall be appropriately attired so as to be distinguishable as the Contractor's employees. 10. HIPAA Contractor and its employees or independent contractors shall comply with Part 2 of Title 42 of the Code of Federal Regulations, which governs the confidentiality of client records and recipients of this information may re -disclose it only in connection with their official duties. 11. SUBCONTRACTORS In the event Contractor requires the services of any contractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such contractor or professional associate. 12. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of six years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract, The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or six years after completion of the project and issuance of the final certificate, whichever is sooner. 13. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. El 14. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, in or on which the Work is done is different from what was assumed or expected, including, but not limited to hurricanes, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract documents. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work or equipment of the Contractor. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 15. PERM ANb LICENSES Contractor shall obtain, at its own expense, all permits and licenses required bylaw or ordinance and maintain same in full force and effect. 16. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, tosses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractors performance under this 5 Contract, the condition of the premises, Contractors acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Contract for a period of ten (10) years after the date of the acceptance of the Work by the County. 17. INSURANCE Commercial General Liability; Property Liability and Professional Services Liabilit .. The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability, property liability and professional services liability insurance to include: 1. All Risk Property Insurance: One million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) in the aggregate. Full replacement value is required and 2. Commercial General and Property Liability and Professional Services Liability: One million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) in the aggregate. The policies shall also provide the County be given a thirty (30) day written notice of cancellation or non -renewal and include the County as an additional named insured. Business Automobile Liabili fy The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non renewal and include County as an additional insured. 0 Workers Compensation and Employers Liability The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.5. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $1,000,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 18. DEFAULT; TERMINATION A. FOP CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail to supply enough employees or proper material to meet the demands or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. (5) Notwithstanding the foregoing and as supplemental and additional means of termination of this Contract under this section, in the event that Contractor's record of performance shows that Contractor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of County and regardless of whether Contractor has corrected each individual condition of default, Contractor shall be deemed a'habitual violator' ,shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively, shall constitute a condition of irredeemable default. The County shall thereupon issue Contractor a final warning citing the circumstances therefore, 7 and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination of this Contract. In the event of any such subsequent default, County may terminate this Contract upon the giving of written final notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day following the date of the final notice, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said final noticed Contractor shall proceed to cease any further performance under this Contract. (6) In the event of the aforesaid events specif ied in sections (1), (2), (3), (4), and (5), hereof and except as otherwise provided therein, termination shall be effective upon the date specified in County's written notice to Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination all Liability of the County under this Contract to Contractor shall cease, and the County shall be free to negotiate with other contractors for the operation of the herein specified services. For failure to perform, Contractor shall reimburse the County all direct and indirect costs of providing interim service. B. Contractor recognizes that the failure on the part of Contractor to comply with the terms of this Contract is likely to cause irreparable damage to the County and damages at law would be an inadequate remedy. Therefore, Contractor agrees that in the event of a breach or threatened breach of any of the terms of the Contract by Contractor, the County shall be entitled to an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys' fees and costs incurred in obtaining said equitable relief until such time as a final and binding determination is made by the court. The foregoing equitable remedy shall be in addition to, and not in lieu of, all remedies or rights which the County may otherwise have by virtue of any breach of this Contract by Contractor. The County shall be entitled to seek injunctive relief without the posting of any bond or security to obtain the entry of temporary and permanent injunctions and order of specific performance enforcing the provisions of this Contract. The County shall also be able to seek injunctive relief to prohibit any act or omission by Contractor or its employees that constitutes a violation of any applicable law, is dishonest or misleading. Contractor expressly consents and agrees that the County may, in addition to any other available remedies, obtain an injunction to terminate or prevent the continuance of any existing default or violation, or to prevent the occurrence of any threatened default by Contractor of this Contract. C. WITHOUT CAUSE The County or the Contractor may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause including, without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County.shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. 19. PROHIBITION AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company. or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed .to pay any persons, company corporation, individual or firm, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Contract.. 20. NON DISCRIMINATION Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 21. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ( The County shall consider the employment by the Contractor of unauthorized aliens a violation of 5 U. 5ection 1324a (e) (Section 274A (e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 22. ASSIGNMENT No assignment of this Contract or any right occurring under this Contract shall be made in whole or in part by Contractor without the express written consent of the Board. Assignment shall include any transfer of 20% or more of stock or control in Contractor. The assignment shall also include the failure of the Contractor's Project Manager to continue to actively participate in either this Contract or the Company. The County shall hove full discretion to E approve or deny, with or without cause, any subcontract, any proposed assignment or assignment by Contractor. Any assignment or subcontract of this Contract made by Contractor without the express written consent of the County shall be null and void and shall be grounds of the County to declare a default of this Contract and immediately terminate this Contract by giving written notice to Contractor, and upon the date of such notice this Contract shall be deemed immediately terminated, and upon such termination all liability of the County under this Contract to Contractor shall cease and Contractor shall be deemed to have failed to perform its obligations under this Contract, and County shall have the right to require performance or indemnification from any surety and shall be free to negotiate with other contractors or any other person or company to provide service to the County Urban Service Area. In the event of any assignment with the consent of County, the assignee shall fully assume all the liabilities of Contractor, provided, however, that such assignment and assumption shall not relieve Contractor of any liability or responsibility under this Contract. 23. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 AS To Contractor: New Horizons of the Treasure Coast 4500 W. Midway Road Ft. Pierce, FL 34981 With a Copy To: St, Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 Or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice.is designated by the postal authorities as not deliverable, as the case may be, if mailed. 10 24. NON -WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 25. 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 performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. 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 notif ication 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 notif ication and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 26. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, and so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 11 27. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed bylaw, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue, 28. INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit (including but not limited to the intent and purposes set forth in the attached memorandum of understanding) and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Contract in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE.COUNTY. FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY IV) WITNESSES NEW HORIZONS OF THE TREASURE COAST BY: Print Name: Title: 13 AMENDEDMENT ONE EXHIBIT A Note: The amounts below are estimates and should not be capped. The total contract amount of $481,000.00 will be the total allowable amount for the contract year. Service Definition Housinq Supplemental Housing assistance provided to mental health court clients who are currently homeless or about to be homeless or because of their mental illness, co occurring disorder, or mental health court participation may require alternative placement in an effort to facilitate safe, healthy, and independent living. Service Rate Approximate of Clients Housing $150 week < $21.50 day 30 Housing Supplemental $10/day 10 Admin Fee 5% Substance Abuse Residential Treatment A licensed substance abuse residential level II program no less 28 days, 24/7 supervision. Services to include a range of assessment, treatment, rehabilitation, and ancillary services in a less therapeutic environment with an emphasis on rehabilitation. Service Rate Approximate of Clients NHTC — $4,480 — 28 TBD Residential SA days Program Other Facilities Up to $5,000 TBD for 28 days Medical Services Psychiatric Evaluation: A comprehensive evaluation for mental health court clients who have a mental illness that investigates the recipients clinical status including the presenting problem, the history of the present illness, previous psychiatric history, physical history, medication history, relevant personal family and medical history, personal strength, and a brief mental status examination. The examination concludes with a summary of findings, diagnostic formulation, and treatment recommendations. Services must be provided by a psychiatrist or psychiatric ARNP. Medications and Medication Management: A review of relevant laboratory test results, prior pharmacy interventions, blood levels if available, and current medication usage for mental health court clients who have a psychiatric diagnosis. It includes the discussion of indications and contraindications for treatment risk and management strategies with the recipient or other responsible persons. 14 Weekly Standing Available Appt: One hour a week will be blocked to be available for new Mental Health Court clients needing emergent care. The rate is for the availability of the appointment. The location, date, time to be established. Medications: Prescriptions will be filled based on a case by case basis. Service Rate Approximate of Clients Psychiatric Evaluation $250 50 Medication Mgmt $80/15 Min 50 Weekly Standing Available Appt $250/1 Hour 52 Medication I Various I TBD Psychosocial Rehab Services Intended to restore a recipient's skills and abilities essential for independent living. Activities Include development and maintenance of necessary daily living skills, food planning and preparation, money management, maintenance of the living environment, and training in appropriate Use of community services. Services are designed to assist the recipient to compensate for or eliminate functional deficits and interpersonal and environmental barriers created by their disabilities and to restore social skills for independent living and effective life management. These services may also be used to facilitate cognitive and socialization skills necessary for functioning in a work environment focusing on maximum recovery and independence. It includes work readiness assessment job development on behalf of the recipient job matching on the job training and job support. Service Rate Approximate of Clients Psychosocial $60/hour - 25 Rehabilitation Individual $15/hour - Group 15 a Targeted Case Management Services To optimize the functioning of priority clients (65E-15.051) who have complex needs by coordinating the provision of. quality treatment and support services in the most efficient and effective manner. The desired outcomes for persons using the service system are self sufficiency and satisfaction in the living, learning, work, and social environment of their choice. Case managers help ensure that service plan goals and objectives are consistently pursued, assess the functioning level of the client, and assess progress toward the achievement of goals and objectives through a range of monitoring activities that include telephone calls, home visits, case and treatment reviews interviews, and site visits. Service Rate Approximate of Clients Targeted Case Management $80/hour 30 Mental Health and Substance Abuse Therapy Individual and family therapy services include the provision of insight oriented cognitive behavioral or Substance Abuse supportive therapies. Group therapy services include the provision of cognitive behavioral supportive therapy or counseling to individuals, or families, and consultation with family or other responsible persons for sharing clinical information. Also included is education counseling or advising family or other responsible persons on who to assist the client. Service Rate Approximate of Clients Mental Health $100/hr 5 Therapy — Individual Mental Health $25/hr TBD Thera - Group Substance $100/hr 5 Abuse Therapy - Individual Substance $25/hr TBD Abuse Therapy — Grou Incidentals Includes unanticipated emergencies which may arise when a participant is in dire need of basic food, clothing, medical services, or transportation that is not available or he she is not eligible for from other community service programs. Rent, utilities, phone, furniture, dental, education, training, and other necessary items may be Included in incidentals for mental health court clients. List is not all inclusive. Service Rate Ap roximate of Clients Incidentals Actual Costs 50 16 Travel Includes local travel and travel for conferences. The County shall reimburse Contractor the travel expenses incurred by the professionals/paraprofessionals up to 437 miles per month (not exceeding .40 per mile), due and payable monthly. Travel to and from home to the workplace(s) is not reimbursable. Service Rate Approximate of Clients Local Travel .40 per mile Conference Travel The County shall reimburse Contractor for the services as follows for salaries $5,351.42 per month for services of the LMHC/CAP; $3,464.23 per month for services of the Service Engagement Case Manager; $3,464.23 per month for services of the Community Transition Manager; $1,121.84 per month for services of the Peer Specialist; and $1,121.84 per month for services of the Peer Specialist. This total cost shall include all taxes, FICA, Medicare, FUTA, insurance and/or other compensation of benefits for the Contractor's employees or independent contractors. Supplies & Equipment Includes office supplies, telecom services and equipment used for the in daily activities. Service Rate Approximate of Clients Projected Costs Supplies $50.00/month $600.00 Copy Machine $181.35/month $2,176.20 leased and funded directly from Count Telecom funded $400.00/month $4,800.00 directly by County for phones, fax line and cell phones 17 MENTAL HEALTH COURT Approval of New Horizons Services Client Name: MR#: Date of Team Approval: Recertification Date: The following services have been recommended by the Mental Health Court Team and will be funded through the Jail Diversion funding. This approval is in place for a period of six (6) months or until the client obtains benefits and/or insurance that will pay for the services. [ ] Psychiatric Evaluation and Ongoing Medication Management [ ] Lab Work If the services below are authorized, please explain why they cannot be received through the Mental Health Court Grant Program [ ] Mental Health Therapy [ ] Substance Abuse Therapy Explanation: [ ] Regular Case Management [ ] Intensive Case Management [ ] Psychosocial Rehabilitation Explanation: Other (Please Describe): Independence Recovery Program Client has relapsed. Needs more intensive treatment. Admit to Independence Recovery for 30 days per court. Requested By/Date Approved By/Date 18 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Jessie and Leslie Pfeiffer 5865 Jenkins Park Avenue BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO: VI-B-5 DATE: November 1, 2011 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ J CONSENT[X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Jessie and Leslie Pfeiffer to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: [x] Road and Bridge: V��`�Y [x] Public Works: Daniel McIntyre Don Pauley Don West [xi Originating Dept: �YV\2 [x] Engineering: My [x] County Surveyor: 1�J JoAnn Riley Mike Powley� Ron Harris S:\ACQ\WPUanet\LicenseagreeUenkins Park Ave\Agenda doc PROPERTYA.CQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM, JoAnn Riley, Property Acquisition Manager DATE: November 1, 2011 SUBJECT: Revocable License Agreement Jessie and Leslie Pfeiffer 5861 Jenkins Park Avenue BACKGROUND: Mr. and Mrs. Pfeiffer request a Revocable License Agreement to park their boats on a portion of County right-of-way known as Jenkins Park Avenue. Mr. and Mrs. Pfeiffer live at the end of Jenkins Park Avenue which dead -ends into a Florida Power and Light Easement. There are no other homes located West of the Pfeiffer residence. The boats shall remain registered and comply with all codes and not cause an eye sore to the surrounding neighbors. Upon any complaint, the County, in its sole discretion, may terminate the Revocable License Agreement upon f if teen (15) days written notice. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Jessie and Leslie Pfeiffer to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, C�/ww o nn Riley Property Acquisition Manager 5;\ACQ\WP\Janet\Licenseagree\Jenkins Park Ave\MEMO to Commissionersmpd �"• Co,� JESSIE AND LESLIE PFEIFFER'S PROPERTY WE s --T 301 315 303 327 320 347 345 345 340 342 z 377 z w 370 375 372 14, 399 395 390 397 S061� JENKIN$ PMKAVE 5861 5823 5763 451 6716 5860 5800 5773 5719 5821 6865 DISCLAIMER St. Lucie County makes no wmranry representation or guaranty as to the content. sequence. accuracy. timeliness. or completeness of any of the geodata Information provided herein. 0 0.005 0.01 0.02 0.03 0.04 The reader should not rely on the data provided herein for any reason. St. Lucie County akpli ftly disclaims any representations and warranties. Including, without limitation. the Implied rtanlies of merchantability and fitness for a particular purpose. St. Lucie County shell assume no liability tor: 1. Any errors, omieslons, or inaccuracies in the M information provided regardless of how caused: or 2. Any decision made or action taken or not taken by any person in reliance upon any Information or data furnished hereunder. JESSIE AND LESLIE PFEIFFER'S PROPERTY M DISCLAIMER St. Lucie County makes no warranty, mpresentallon or guaranty as loth, content. sequence, accuracy. timeliness, or completeness of any of the geodata information provided herein. 0 0.005 �.�i Q,Qj �.�3 �.�4 The Mader Mould not rely on the data provided here In for any reason. St. Lucia County expik:kly disclaims any representations and warram es.Including, without 6mitalion, the implied warrant! an of merchantability and fitness for a partiwlar purpose. St. Lucie County shall assume no liability for: I. Any errors, omissions,Inaccuracies or In the =Miles Information provided regardless of how caused; or 2. Any decision made or action taken or not taken by any person in reliance upon any Information or data furnished hereunder, 0 01— �f in OAS dvl,�t, � v � i LC...o �t•- pv't u J vs4Z� b tnw�c ar T)U- 6vl- P-1 1JGt - S ice, D u .,Lv J w-� t-J,' V Wo PDr+ l6-,^S -Eyw. 41 VA vU n!5 (4-aG 0 6^\� cc) b�� This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 1, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the County) JESSE AND LESLIE PFEIFFER, whose address is 5865 Jenkins Park Avenue, Fort Pierce, FL 34947-1534 (Owners). WHEREAS, the County owns and maintains the right-of-way known as Jenkins Park Avenue in Section 12, Township 35S, Range 39E. WHEREAS, the Owners are requesting to park their boats in a portion of the right-of- way known as Jenkins Park Avenue. See attached Exhibit "A" WHEREAS, the County is willing to permit the Owners to usea portion of Jenkins Park Avenue to park and maintain the right-of-way around their boats, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners a Revocable License Agreement for the purpose of parking their boats and maintaining the area around the boats on the right-of-way of Jenkins Park Avenue, as indicated on the attached map and incorporated herein as Exhibit "A ". The boats will be placed on County property at a location shown in Exhibit "A" and shall extend only to the boats and this location. 1 County Engineer or Building and Code Regulation Manager, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owners agree to relocate the referenced boats, at any time and at no cost to the County, if necessary for the maintenance or improvements of the right-of-way and or County property. 10. The boats on the County's property shall be licensed in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance activity will be subject to the written approval of the County Engineer or Building and Code Regulation Manager. 11. The Owners agrees to allow County employees access to the location of the boats for County purposes as determined by the County Engineer or Building and Code Regulation Manager. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 3 As to Owners: Jesse and Leslie Pfeiffer 5865 Jenkins Park Avenue Fort Pierce, FL 34947-1534 WITNESSES: S // ✓ R � � WI ESSES: � Y STATE OF 4'-O COUNTY OF APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Wil r r nw�� The foregoing instrument was acknowledged before me this S day of � v- , 2011, by JESSE J. PFEIFFER and LESLIE Y. PFEIFFER, who produced P' V-r—tw�&01 (type of identification) and who did take an oath. WITNESS my hand and official seal, this 0 day of _ , 2011. My commission (expires: Signature of Notary Public NOTARY PUBLIC -STATE O'F'FLOREDA " Celerina Flores v; Commission # EE.056946 , Expires; AUG. 14, 2012 BONDED TFIIMI ATLANTIC BONDL\O CO., INC. 5 �?A�K �� O tiortY N LOCATION OF THE BOATS WB g 320 347 345; ?W lo, 345 a, 340 342 QW);Je4t 451 5716 EXHIBIT DISCLAIMER St.Luola County makes no warranty, representation or guaranty as to the content, sequence,accuracy,timeliness, or completeneas of any of the geodeta Information provided herein. 0 0.00350.007 O.D14 0.021 0.028 The reader should not rely on the data provided herein for any reason. St. Lucle County explicitly disclaims any representation and warranties. Including, without limitation, the lmpletl warranties, of merchantability and fitness for a particular purpose. St. Lucie County shall assume no liability for:1. Any errors, omissions, or Inaccuracies In the Miles Information provided regardless al how roused; or 2. Any decision mad. or action taken or Imt taken by any person In reliance upon any Information or data furnished hereunder. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-6 Date: November 1, 2011 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Economic Development Council of St. Lucie County, Inc. - FY 2011/12 Grant Contract BACKGROUND: See C.A. No. 10-1418 FUNDS AVAIL.: (State type & No. of transaction or N/A): Account Nos. 001009-1515-582000-100 and 611-1515-582000-100. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed contract with the Economic Development Council of St. Lucie County, Inc., and authorize the Chairman to sign the contract. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: n Daniel nt re Marie Gouin Originating Dept.: Other, Other: _ Mark 5atterlee 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: 11-1418 DATE: October 19, 2011 SUBJECT: Economic Development Council of St. Lucie County, Inc. - FY 2011/12 Grant Contract BACKGROUND: Attached to this memorandum is a copy of the proposed contract between the County and the Economic Development Council of St. Lucie County, Inc. ("EDC") for fiscal year 2011/12. The contract provides for the County to disburse a grant in the amount of two hundred thousand and 00/100 dollars ($200,000.00) to the EDC to be used in its efforts to facilitate economic development in the County. The grant will be disbursed in four quarterly payments of fifty thousand and 00/100 dollars ($50,000.00) following the receipt and acceptance of the EDC's quarterly reports outlining how the funds have been used to meet the goals and objectives of the grant. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed contract with the Economic Development Council of St. Lucie County, Inc., and authorize the Chairman to sign the contract. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Director Planning and Development Services Director Business and Concurrency Manager CONTRACT THIS GRANT CONTRACT, made this _1st _ day of November , 2011, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County," and ECONOMIC DEVELOPMENT COUNCIL OF ST. LUCIE COUNTY, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": WHEREAS, the County and the Council have made the following determinations: 1. The Council is a private organization originally created by the St. Lucie County Chamber of Commerce to encourage economic development in St. Lucie County; and 2. The County will continue to use its own resources to facilitate and encourage economic development in the County; and 3. Nothing in this Agreement is intended to delegate any of the County's authority to encourage economic development to the Council. In addition, nothing in this Agreement is intended to provide the Council with an integral part in the County's decision - making process concerning economic development in the County. IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disburse a grant in the total amount of two hundred thousand and 00/100 dollars ($200,000.00) for the period October 1, 2011 through and including September 30, 2012. The County shall make four quarterly payments of fifty thousand and 00/100 dollars ($50,000.00) each to the Council. Each quarterly payment shall be made. within thirty (30) days of the County's receipt and acceptance of the Council's quarterly interim report showing that the goals and objectives of the grant as set forth in Paragraph 2 are being met. 2. The grant monies shall be used toward the Council's costs in its efforts to facilitate economic development in St. Lucie County. The goals and objectives for the Council's economic development efforts in connection with the grant shall include the following: H;\EDC\FY 12 Contract for Services.dococ Page 1 of 5 A. The Council shall aggressively market relocation opportunities in the County to target businesses. To accomplish this goal, the Council shall establish a marketing program in conjunction with the County to seek these targeted businesses; B. The Council shall aggressively market the expansion of existing businesses located in the County; and, 3. The Council shall deliver to the County interim reports on March 31, June 30, and September 30, 2012, analyzing the Council's activities or how such goals and objectives, how County funds were spent and detailing the results of the Council's efforts on behalf of the County during the preceding quarter. On or before December 1, 2011, the Council shall deliver to the County a report with the above information for the entire grant period. 4. The Council shall have internal controls adequate to safeguard the grant. 5. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the terms and conditions of this contract, any money not so used shall be reimbursed to the County. 6. On or before April 1, 2013, the Council shall provide an audit for Contract term, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Director, the Council may submit qualifying paid invoices in lieu of a certified audit. 7. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 8. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omissions. The Council 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 costs of actions, including reasonable attorney's fees, of any kind and nature arising or growing out or in any way connected with the use, H:\EDC\FY 12 Contract for Services.dococ Paoe 2 of 5 occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitees, or resulting from any injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 9. The Council agrees to comply with all local, state and federal laws, rules and regulations. 10. All publications, media productions and exhibit graphics produced by the Council to facilitate economic development in the St. Lucie County shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 11. Either party may terminate this contract with cause upon thirty (30) days written notice to the other provided that the party allegedly violating the contract shall have a reasonable opportunity to cure the alleged violation, provided however the Council shall reimburse the County for all unencumbered funds or funds expended or encumbered in conflict with Council's application, as of the date of termination notice. 12. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex, Room 300 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex, Room 306 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 To the Council: Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Blvd., Suite 205 Port St. Lucie, FL 34986 13. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or H:\EDC\FY 12 Contract for Services.dococ Paae 3 of 5 condition of this Contract shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Council agrees to use said forms. 14. Except as otherwise provided, this agreement shall be binding upon and shall inure to the benefit of the parties. 15. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 16. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN H:%EOC\FY 12 Contract for Services.dococ APPROVED AS TO FORM AND CORRECTNESS: Pace 4 of 5 COUNTY ATTORNEY WITNESSES: H:\EDC\FY 12 Contract for Services.dococ ECONOMIC DEVELOPMENT COUNCIL OF ST. LUCIE, C TY INC. BYv Pme 5 of 5 e AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-7 Date: November 1, 2011 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Logistics Center Facilities Use Agreement with WP5L Christmas Kids of St. Lucie County BACKGROUND: See C.A. No. 10-1433 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Facilities Use Agreement with WPSL Christmas Kids of St. Lucie County, and authorize the Chairman to sign the contract. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: D ' S. McIntyre Originating Dept.. <rcOther: Other: Roger Shinn Beth Ryder 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: 11-1433 DATE: October 21, 2011 SUBJECT: Logistics Center Facilities Use Agreement with WPSL Christmas Kids of St. Lucie County BACKGROUND: Attached to this memorandum is a copy of a proposed Facilities Use Agreement with WP5L Christmas Kids of St. Lucie County for use of approximately four thousand square feet in the Logistics Center. WPSL Christmas Kids will use the area to store and pack toys and other items collected for its 2011 toy drive. In addition, a portion of the parking lot will be used for a one day distribution event not to exceed eight hours. The term of the agreement will begin on November 2, 2011 and continue through and including December 31, 2011. WPSL Christmas Kids will be responsible for restoring the site to its prior condition upon termination of the agreement, ordinary wear and tear excepted. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Facilities Use Agreement with WPSL Christmas Kids of St. Lucie County, and authorize the Chairman to sign the contract. Respectfully submitted, c,- jt='r— Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Assistant County Administrator Housing and Community Services Director Facilities Manager FACILITIES USE AGREEMENT THIS AGREEMENT made and entered into on this day of , 2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and WPSL CHRISTMAS KIDS OF ST. LUCIE COUNTY, referred to as "Agency". WITNESSETH: WHEREAS, the County owns a facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, the Agency desires to use a portion of the Facility on a temporary basis to store and pack toys and other items collected during for its annual toy drive; and, WHEREAS, the County is willing to enter into this agreement with the Agency to permit it to temporarily use the facility as requested. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. SITE The parties acknowledge and agree that the Facility is located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, and shall consist of the main building and grounds. 2. USE OF FACILITY The Agency shall use the Facility to store and pack toys and related items collected during its annual toy drive. The Agency shall coordinate access to the Facility with the St. Lucie County Central Services Director or his designee. The County shall provide approximately 4,000 square feet in a location at the Facility to be determined by the County Facilities Manager. In addition, the Agency shall be permitted to distribute the toys from a location in the Facility parking lot approved by the County Central Services Director. Distribution of the toys shall be limited to a one day event not to exceed eight (8) hours. G: \atty\agreemntVac-use\wpsLchristmas. kids. II.doc -1- 3. TERM The term of this Agreement shall be for the period beginning on November 2, 2011 through and including December 31, 2011, unless otherwise terminated as provided herein. The term of this Agreement may be renewed upon mutual agreement of the parties upon the same terms and conditions. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. 4. PERSONNEL The Agency represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the Agency shall not be employees of or have any contractual relationship with the County. 5. INDEMNIFICATION AGAINST CLAIMS The Agency is and shall be an independent contractor and operator, responsible to all parties for its acts and omissions and the County shall in no way be responsible for such acts or omissions. The Agency shall and will indemnify and hold harmless the County from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs 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, occupation, management, or control of the Facility by the Agency or its agents, servants, employees, customers, clients, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Agency or its agents, servants, employees, customers, clients, patrons, or invitees, whether in the Facility or on the premises, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement, in or about the Facility or the premises (except for injuries, damages or claims which are the result of the primary negligence of the County and for which the County is legally, directly, and primarily liable). The Agency further agrees to undertake at its own expense the defense of any action brought against the County claiming damages arising out of, in connection with, or by reason of the Agency's use of the Facility except that in the event the claim is finally determined to have arisen due to the negligence or acts of the County, the County agrees to reimburse the Agency for the actual expenses incurred by the. Agency in defending the County. The County agrees to cooperate in any defense by the Agency. In consideration of this indemnification obligation, the Agency agrees to G: \atty\agreemnt\fac-use\wpsl.christmas.kids.11.doc -2- pay the County the amount of one and 00/100 dollars ($1.00) which amount shall be due and payable on November 10, 2011. 6. NO LIEN CREATED The Agency covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the County in and to the Facility under this Agreement, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with the Agency or furnishing materials or labor to the Agency, or to its agents or servants, as well as all persons whomsoever, shall be bound by the provisions of the Agreement. 7. OPERATING COSTS The Agency agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, excluding utilities other than telephone, incurred in the use and operation of the Facility. 8. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the Agency's sole direction, supervision and control. The Agency shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Agency's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the Agency shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 9. REPAIRS AND MAINTENANCE The County agrees at its expense to make all routine repairs to the Facility, including structural, air conditioning, and light bulbs. The Agency at its expense agrees to deliver to the County upon the termination of this Agreement, the Facility in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. The Agency shall keep the Facility at all times in a clean and orderly condition and appearance and all of the Agency's fixtures, equipment and personal property which are located on any part of the facility which are 6; \atty\agreemnt\fac-use\wpsl.christmas.kids.11.doc -3- open or visible to the general public shall likewise be so kept and maintained. In the event that the Agency fails in any material respect to so clean the Facility within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such action, then the County may, at its option, and in addition to any other remedies which may be available to it, clean all or any part of the Facility included in such notice, and cost shall be payable by the Agency immediately upon demand of the County. 10. DEFAULT; TERMINATION Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. In the event the County terminates this Agreement, the County shall have the right to re-enter or repossess the property during the period of the Agency's right to use thereof, either by force, summary proceedings, surrender or otherwise, and dispossess and remove therefrom the Agency or other occupants thereof, without being liable for any prosecution therefore and shall have the right to utilize the Facility as it determines to be in the, best interests of the County. Should the County incur expenses in enforcing its rights hereunder, specifically including attorneys' fees and court costs (at the lower court and appellate levels), said expenses shall be borne by the Agency. 11. NON-DISCRIMINATION The Agency for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 12. CONFLICT OF INTEREST The Agency hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Agency further represents and warrants that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or G: \atty\agreemnt\fac-use\wpsl.christmas.kids.11.doc -4- indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this. agreement or in the proceeds thereof. 13. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 14. ENTIRE AGREEMENT This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 15. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 16. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 17. BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 18. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, G: \atty\agreemntWac-use\wpsLchristmas.kids. ll.doc -5- telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO ST. LUCIE COUNTY WITH A COPY TO: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO THE AGENCY: WPSL Christmas Kids of St. Lucie County 4100 Metzger Road Fort Pierce, Florida 34947 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 19. HEADINGS The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any the. meaning or interpretation of this Agreement. 20. PRONOUNS In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. G: \atty\agreemnt\fac-use\wpsl.christmos.kids.11.doc I M. 21. SURVIVAL All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 22. WAIVERS The failure or delay of any party prior to a period which would constitute laches at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, 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 any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 23. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of 2011. ATTEST: BY: Deputy Clerk G: \atty\agreemnt\fac-use\wpsl.christmas.kids.11.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: -7- Chairman WITNESSES: G: \atty\agreemnt\fac-use\wpsl.christmas.kids.11.doc APPROVED AS TO FORM AND BY: CORRECTNESS: County Attorney WPSL CHRISTMAS KIDS OF ST. LUCIE COUNTY BY TITLE: m AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-13-8 DATE: November 1, 2011 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Park and Ride Avenue D and North 81" Street Percy Alexander Sr. and Robbie J. Alexander - Parcel I.D. 2410-601-0092-000-1 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: 130102-4910-582015-400 (Federal Transit Administration - ARRA Grant) 100% FTA funded, no local match required PREVIOUS ACTION: March 10, 2009 - Board authorized staff to submit an application to the Federal Transit Administration (FTA) for Section 5307 American Recovery and Reinvestment Act (ARRA). September 8, 2009 - Board accepted Federal Transit Administration FTA 5307 Grant Award for $1,957,183. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase from Percy and Robbie Alexander, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER [x] County Attorney: : Daniel S. McIntyre [x] Originating Dept: J MIL JoAnn Riley Faye. W. Outlaw, MPA County Administrator Review and Approvals [ ] Road and Bridge: [ ] Public Works: Don Pouley Don West [x] Housing & Community Services Director:. Beth Ryder 5:\ACQ\WP\JoAnn \Park & Ride\Alexander\Agenda Request.wpd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 1, 2011 SUBJECT: Park and Ride Avenue D and North 81" Street Percy Alexander 5r. and Robbie J. Alexander - Parcel I.D. 2410-601-0092-000-1 BACKGROUND: March 10, 2009, the Board authorized staff to submit an application to the Federal Transit Administration (FTA) for Section 5307 American Recovery and Reinvestment Act (ARRA) 2009 grant funds. September 8, 2009, the Board accepted Federal Transit Administration FTA 5307 Grant Award for $1,957,183. FTA 5307 ARRA Capital project included funding for the recently constructed Intermodal Transit Facility, as well as Park and Ride and other transit -related infrastructure. This grant allows for $150,000 to be used for land acquisition, design and construction of the Park and Ride facility. This facility will allow for additional parking opportunities for corpoolers, shuttles, community pool vehicles and taxi services. Transit riders will be able to transfer to or from the public transit bus to these alternate modes of transportation. Community Services/Transit Division contacted Percy and Robbie Alexander who indicated they would be willing to sell their property. The County presented a Contract to Percy and Robbie Alexander for $28,000, which is 100% of the appraised value of their property. They submitted a counteroffer of $33,000, which is within the range of value according to Callaway & Price, Inc., the County's independent appraiser. The purchase price is 100% funded by the Federal Transit Administration. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase from Percy and Robbie Alexander, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. Respectfully submitted, 4nZLI V�vvn Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\Park & Ride\Alexander\Agenda Memompd Callaway & Price, Inc. Real Estate Appraisers And Consultants Licensed Real Estate Brokers Please respond to Fort Pierce office FORT PIERCE E-Mail: h.gray@callawayandprice.com 500 South U.S. Highwa Highway 1 Suite 107 Fort Pierce, FL 34950 Phone (772)464-8607 Fax (772)461-0809 October 14, 2011 Stuart Phone (772)287-3330 Fax (772)461-0809 Harry D. Gray, MAI, SRA Ms. Jo Ann Riley Cert Gen Rz662 Property Acquisition Agent Stephen G. Neill, Jr., MAI St. Lucie County Cert Gen RZ2480 2300 Virginia Avenue Fort Pierce, FL 34982 VIA FACSIMILE: (772) 462-1440 WEST PALM BEACH 1639 Forum Place Suiteuite 5 RE: Park and Ride Parcels West Palm Beach, FL 33401 Phone (561)686-0333 Dear Ms. Riley: Fax (561)686-3705 Michael R. Slade, MAI, SRA, CRE Cert Gen RZI16 With regard to parcel 2410-601-0092-0001 currently owned by Mr. Percy Alexander, we have been made aware of the counter Daniel P. Hrabko, MAI Cert Gen RZ48 offer of 33,000, or 2.20 per square foot made b the property $ � p q Y p P Y owner. The adjusted comparable sales indicated a range between Stephen D. Shaw, MAI Cert Gen RZ1192 $0.98 and $2.46 per square foot. While it is still our opinion that the appraised value is indicated at $28,000 for the Subject MELBOURNE/INDIALANTIC Property, the counter offer is within the comparable sales range of 114 6th Avenue, value on a per square foot basis. Suite 3 Ihone nt(3 1 32-03 Phone- (321)726-0970 If you have an further , p ( ) Y Y questions lease contact me at 772 Fax (321)726-0384 464-8607. Curtis L. Phillips, MAI Cert GenRZ2085 Respectfully submitted, BOCA RATON CALLAWAY & PRICE, INC. Phone (561)998-8088 Fax (561)686-3705 Daniel A Hrabko, MAI ' v Cert Gen RZ48 Harry D. Gray, MAI State -certified general real estate appraiser RZ662 HDG/ADV/cic PROJECT NAME: Park and RideProject PARCEL: Percy Alexander, Sr, Trust and Robbie J. Alexander, Trust Parcel I.D. 2410-601-0092-000/1 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2011, PERCY S. ALEXANDER, SR and ROBBIE J. ALEXANDER TRUSTEES OF THE PERCY S. ALEXANDER and ROBBIE J. ALEXANDER REVOCABLE TRUST AGREEMENT UAD 9-13-06 , whose mailing address is 9940 Baywater Drive, Boca Raton, FL 33496, hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida. 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price T - Thousand and 00/100 Dollars,�jjc3?�3eC3z determined to be the total of the fo lowing: pli� Real Property I.D. 2410-601-0092-000/1 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. Contract is contingent on St. Lucie County acquiring the abutting parcels to use for a park and ride. 1 2 K, 0 EXPENSES. �,y�e� PURCHASER shall pay for cume ry st sand record' g fees nth DeZ.dco ye ng the ect r I pro erty to URCHA ER. rocess'ng fees if a y, o inii a relea e, pa lea r su rd'nati a. re ment on any existin mo ga e s II be b me b P CHA ER. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. OA 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage priorto closing and the property shall be conveyed in the same condition .as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before January 31, 2012 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies K? paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT.Nll;� "��ee-� This contract is ssignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. �} - The cash proceeds of sale shall be�hel erio rn long that ' ( �_busines days flow t deed c�'the PU 'CHA R to b e;eb rdand t e ab ract of ti a Conti ued, at a exp nse of th PURC ASER, .w itle ,in t e PU CHAS R, wit ut an interve ing encu rance or chain e fry-d�#e-Of4a i fthe should a any cha ge, th parties s all have the same rl hts as providedIsewhere herein, when SELLE is unabl : to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 4 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may 5 be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors orthe parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. seals. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and EXECUTED by SELLER this day of , 2011. PERCY S. ALEXANDER. SR and ROBBIE J. ALEXANDER, TRUSTEES OF THE PERCY S. ALEXANDER AND ROBBIE J. ALEXANDER REVOCABLE TRUST AGREEMENT UAD 9-13-06 6 Witness to both Witness to both STATE OF ��✓�1�� ) COUNTY OF 423LM ) y� PERCY S. ALEXANDER, as -trustee /&- r &'-, .A ROBBIE J. ALE A R, as Trustee The foregoing instrument was acknowledged before me this �3 day of OC/L , 2011, for PERCY S. ALEXANDER and ROBBIE J. ALEXANDER, as Trustee for the PERCY S. ALEXANDERAND ROBBIE J. ALEXANDER REVOCABLE TRUST AGREEMENT UAD 9-13-06 who is personally known to me or who has produced a drivers license issued within the last five years as identification. M Notary Public -State of Florida * ; •= My Comm. Expires Oct 27, 2013 Commission # DO 936578 Bonded Through National Notary Assn. EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK Notary Public �t1s4A MLelZi �. (Printed, Typed or Stamped Name of Notary Public) day of 2011 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Lot 4 and Lot 5, Block F, of Fee and May's Resubdivision, according to the Plat thereof, as recorded in Plat Book 3, at Page 48, of the Public Records of St. Lucie County, Florida. 8 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES L: . rim CONTRACTS, LICENSES AND AGREEMENTS N 10 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 EXHIBIT "E" POLICIES OF INSURANCE 12 9 AGENDA REQUEST ITEM NO. VI-B-9 DATE: November 1, 2011 REGULAR[ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-171- Supporting the Adoption of a Ban on Texting while Driving BACKGROUND: It has been requested that this Board approve a resolution in support of the adoption of a ban on texting while driving. Resolution No. 11-171 (attached) has been drafted forthat purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 11-171 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ J DENIED [ J OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 11-171 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA SUPPORTING THE ADOPTION OF A STATE LAW BANNING TEXTING WHILE DRIVING WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. According to the Insurance Institute for Highway Safety, drivers who use handheld devices while driving are four times as likely to get into crashes serious enough to injure themselves or others. 2. Those who engage in dangerous highway safety behaviors, such as texting while driving, fear getting a ticket and fine significantly more than they do being injured or killed in a motor vehicle crash. 3. The act of composing, sending or reading text messages interrupts drivers' cognitive attention, causes vision to be directed away the road, and compromises manual control of the vehicle. 4. Senator Detert filed Senate Bill 416 "Use of Wireless Communications Devices While Driving" on October 4, 2011 which, if enacted, would prohibit the operation of a motor vehicle while using a wireless communications device for certain purposes (a copy is attached). 5. House Bill 299 was filed in the Florida House on October 7, 2011, which is similar to the Senate Bill (a copy is attached). 6. The Board, in order to promote highway safety and reduce injuries or death resulting from dangerous highway safety behaviors, hereby expresses its support for the adoption by the State of Florida of Senate Bill 416 and House Bill 299 banning texting while driving. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby supports the adoption of Senate Bill 416 and House Bill 299 bythe State of Florida banning texting while driving. 2. The County Administrator is directed to forward a copy of this resolution, upon adoption, to the County's state legislative delegation. 3. This resolution shall become effective immediately upon its adoption. PASSED AND DULY ADOPTED this I" day of November, 2011 ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED ASTO FORM AND CORRECTNESS: BY: County Attorney v Florida Senate - 2012 By Senator Detert 23-00355-12 SB 416 2012416_ 1 A bill to be entitled 2 An act relating to the use of wireless communications 3 devices while driving;. creating s. 316.305, F.S.; 4 creating the "Florida Ban on Texting While Driving 5 Law"; providing legislative intent; prohibiting the 6 operation of a motor vehicle while using a wireless 7 communications device for certain purposes; providing 8 a definition; providing exceptions; specifying 9 information that is admissible as evidence of a 10 violation; providing penalties; providing for 11 enforcement as a secondary action; amending s. 322.27, 12 F.S.; providing for points to be assessed against a 13 driver's license for the unlawful use of a wireless 14 communications device resulting in a crash; providing 15 an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 316.305, Florida Statutes, is created to 20 read: 21 316.305 Wireless communications devices; prohibition.- 22 (1) This section may be cited as the "Florida Ban on 23 Texting While Driving Law." 24 (2) It is the intent of the Legislature to: 25 (a) Improve roadway safety for all vehicle operators, 26 vehicle passengers, bicyclists, pedestrians, and other road 27 users. 28 (b) Prevent crashes related to the act of text messaging 29I while driving a motor vehicle. Page 1 of 5 CODING: Wordsn are deletions; words underlined are additions. Florida Senate - 2012 SB 416 23-00355-12 2012416_ 30 (c) Reduce injuries, deaths, property damage, health care 31 costs, health insurance rates, and automobile insurance rates 32 related to motor vehicle crashes. 33 (d) Authorize law enforcement officers to stop motor 34 vehicles and issue citations as a secondary offense to persons 35 who are texting while driving. 36 (3)(a) A person may not operate a motor vehicle while 37 manually typing or entering multiple letters, numbers, symbols, 38 or other characters into a wireless communications device or 39 while sending or reading data in such a device for the purpose 40 of nonvoice interpersonal communication, including, but not 41 limited to, communication methods known as texting, e-mailing, 42 and instant messaging. As used in this section, the term 43 "wireless communications device" means any device that is 44 designed or intended to receive or transmit text or character- 45 based messages, access or store data, or, connect to the Internet 46 or any communications service as defined in s. 812.15 and that 47 allows text communications. A motor vehicle that is legally 48 parked is not being operated and is not subject to the 49 prohibition in this paragraph. 50 (b) This subsection does not apply to a motor vehicle 51 operator who is: 52 1 Performing official duties as an operator of an 53 authorized emergency vehicle as defined in s. 322.01, a law 54 enforcement or fire service professional, or an emergency 55 medical services professional. 56 2 Reporting an emergency or criminal or suspicious 57 activity to law enforcement authorities. 58 3. Receiving messages that are: Page 2 of 5 CODING: Wordsetn are deletions; words underlined are additions. v Florida Senate - 2012 SB 416 23-00355-12 2012416 59 a. Related to the operation or navigation of the motor 60 vehicle; 61 b. Safety -related information, including emergency, 62 traffic, or weather alerts; 63 c. Data used primarily by the motor vehicle; or 64 d. Radio broadcasts. 65 4. Using a device or system for navigation purposes. 66 5. Conducting wireless interpersonal communication that 67 does not require manual entry of multiple letters, numbers, or 68 symbols or reading text messages, except to activate, 69 deactivate, or initiate a feature or function. 70 (c) A user's billing records for a wireless communications 71 device or the testimony of or written statements from 72 appropriate authorities receiving such messages may be 73 admissible as evidence in any proceeding to determine whether a 74 violation of this section has been committed. 75 (4)(a) Any person who violates subsection (3) commits a 76 noncriminal traffic infraction, punishable as a nonmoving 77 violation as provided in chapter 318. 78 (b) Any person who commits a second or subsequent violation 79 of subsection (3) within 5 years after the date of a prior 80 conviction for a violation of subsection (3) commits a 81 noncriminal traffic infraction, punishable as a moving violation 82 as provided in chapter 318. 83 (5) Enforcement of this section by state or local law 84 enforcement agencies must be accomplished only as a secondary 85 action when an operator of a motor vehicle has been detained for 86 a suspected violation of another provision of this chapter, 87 chapter 320, or chapter 322. Page.3 of 5 CODING: Words stvieleen are deletions; words underlined are additions. r Florida Senate - 2012 SB 416 23-00355-12 2012416_ 88 Section 2. Paragraph (d) of subsection (3) of section 89 322.27, Florida Statutes, is amended to read: 90 322.27 Authority of department to suspend or revoke 91 license.- 92 (3) There is established a point system for evaluation of 93 convictions of violations of motor vehicle laws or ordinances, 94 and violations of applicable provisions of s. 403.413(6)(b) when 95 such violations involve the use of motor vehicles, for the 96 determination of the continuing qualification of any person to 97 operate a motor vehicle. The department is authorized to suspend 98 the license of any person upon showing of its records or other 99 good and sufficient evidence that the licensee has been 100 convicted of violation of motor vehicle laws or ordinances, or 101 applicable provisions of s. 403.4.13(6)(b), amounting to 12 or 102 more points as determined by the point system. The suspension 103 shall be for a period of not more than 1 year. 104 (d) The point system shall have as its basic element a 105 graduated scale of points assigning relative values to 106 convictions of the following violations: 107 1. Reckless driving, willful and wanton-4 points. 108 2. Leaving the scene of a crash resulting in property 109 damage of more than $50-6 points. 110 3. Unlawful speed, or unlawful use of a wireless 111 communications device, resulting in a crash-6 points. 112 4. Passing a stopped school bus-4 points. 113 5. Unlawful speed: 114 a. Not in excess of 15 miles per hour of lawful or posted 115 speed-3 points. 116 b. In excess of 15 miles per hour of lawful or posted Page 4 of 5 CODING: Words-stf�eleen are deletions; words underlined are additions. Florida Senate - 2012 SB 416 0 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 1391 23-00355-12 2012416 speed-4 points., 6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points. However, no points shall be imposed for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates. 7. All other moving violations (including parking on a highway outside the limits of a municipality)-3 points. However, no points shall be imposed for a violation of s. 316.0741.or s. 316.2065(12); and points shall be imposed for a violation of s. 316.1001 only when imposed by the court after a hearing pursuant to s. 318.14(5). 8. Any moving violation covered in this paragraph abeve, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash-4 points. 9. Any conviction under s. 403.413(6)(b)-3 points. 10. Any conviction under s. 316.0775(2)-4 points. Section 3. This act shall take effect October 1, 2012. Page 5 of 5 CODING: Words men are deletions; words underlined are additions. F L 0 R I D A HB 299 H 0 U S E O F R E P R E S E N T A T I V E S 2012 1 A bill to be entitled 2 An act relating to the use of wireless communications 3 devices while driving; creating s. 316.305, F.S.; 4 creating the "Florida Ban on Texting While Driving 5 Law"; providing legislative intent; prohibiting the 6 operation of a motor vehicle while using a wireless 7 communications device for certain purposes; providing 8 a definition; providing exceptions; specifying 9 information that is admissible as evidence of a 10 violation; providing penalties; providing for 11 enforcement as a secondary action; amending s. 322.27, 12 F.S.; providing for points to be assessed against a 13 driver's license for the unlawful use of a wireless 14 communications device resulting in a crash; providing 15 an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 316.305, Florida Statutes, is created 20 to read: 21 316.305 Wireless communications devices; prohibition.- 22 (1) This section may be cited as the "Florida Ban on 23 Texting While Driving Law." 24 (2) It is the intent of the Legislature to: 25 (a) Improve roadway safety for all vehicle operators, 26 vehicle passengers, bicyclists, pedestrians, and other road 27 users. 28 (b) Prevent crashes related to the act of text messaging Page 1 of 5 CODING; Words stF'GkeA are deletions; words underlined are additions. hb0299-00 N F L O R I D A H 0 U S E O F R E P R E S E N T A T I V E S HB 299 2012 29 while driving a motor vehicle. 30 (c) Reduce injuries, deaths, property damage, health care 31 costs, health insurance rates, and automobile insurance rates 32 related to motor vehicle crashes. 33 (d) Authorize law enforcement officers to stop motor 34 vehicles and issue citations as a secondary offense to persons 35 who are texting while driving. 36 (3)(a) A person may not operate a motor vehicle while 37 manually typing or entering multiple letters, numbers, symbols, 38 or other characters into a wireless communications device or 39 while sending or reading data in such a device for the purpose 40 of nonvoice interpersonal communication, including, but not 41 limited to, communication methods known as texting, e-mailing, 42 and instant messaging. As used in this section, the term 43 "wireless communications device" means any device that is 44 designed or intended to receive or transmit text or character- 45 based messages, access or store data, or connect to the Internet 46 or any communications service as defined in s. 812.15 and that 47 allows text communications. A motor vehicle that is legally 48 parked is not being operated and is not subject to the 49 prohibition in this paragraph. 50 (b) This subsection does not apply to a motor vehicle 51 operator who is: 52 1. Performing official duties as an operator of an 53 authorized emergency vehicle as defined in s. 322.01, a law 54 enforcement or fire service professional, or an emergency 55 medical services professional. 56 2. Reporting an emergency or criminal or suspicious Page 2 of 5 CODING: Words striGken are deletions; words underlined are additions. hb0299-00 F L 0 R I D A H 0 U S E O F R E P R E S E N T A T I V E S HB 299 2012 571 activity to law enforcement authorities. 58 3. Receiving messages that are: 59 a Related to the operation or navigation of the motor 60 vehicle; 61 b Safety -related information, including emergency, 62 traffic, or weather alerts; 63 C. Data used primarily by the motor vehicle; or 64 d. Radio broadcasts. 65 4 Using a device or system for navigation purposes. 66 5 Conducting wireless interpersonal communication that 67 does not require manual entry of multiple letters, numbers, or 68 symbols or reading text messages, except to activate, 69 deactivate, or initiate a feature or function. 70 (c) A user's billing records for a wireless communications 71 device or the testimony of or written statements from 72 appropriate authorities receiving such messages may be 73 admissible as evidence in any proceeding to determine whether a 74 violation of this section has been committed. 75 (4)(a) Any person who violates subsection (3) commits a 76 noncriminal traffic infraction, punishable as a nonmoving 77 violation as provided in chapter 318. 78 (b) Any person who commits a second or subsequent 79 violation of subsection (3) within 5 years after the date of a 80 prior conviction for a violation of subsection (3) commits a 81 noncriminal traffic infraction, punishable as a moving violation 82 as provided in chapter 318. 83 (5) Enforcement of this section by state or local law 84 enforcement agencies must be accomplished only as a secondary Page 3 of 5 CODING: Words straskeF) are deletions; words underlined are additions. hb0299-00 F L 0 R I D A H 0 U S E O F R E P R E S E N T A T I V E S HB 299 2012 85 action when an operator of a motor vehicle has been detained for 86 a sus2ected violation of another provision of this chapter, 87 chapter 320, or chapter 322. 88 Section 2. Paragraph (d) of subsection (3) of section 89 322.27, Florida Statutes, is amended to read: 90 322.27 Authority of department to suspend or revoke 91 license.- 92 (3) There is established a point system for evaluation of 93 convictions of violations of motor vehicle laws or ordinances, 94 and violations of applicable provisions of s. 403.413(6)(b) when 95 such.violations involve the use of motor vehicles, for the 96 determination of the continuing qualification of any person to 97 operate a motor vehicle. The department is authorized to suspend 98 the license of any person upon showing of its records or other 99 good and sufficient evidence that the licensee has been 100 convicted of violation of motor vehicle laws or ordinances, or 101 applicable provisions of s. 403.413(6)(b), amounting to 12 or 102 more points as determined by the point system. The suspension 103 shall be for a period of not more than 1 year. 104 (d) The point system shall have as its basic element a 105 graduated scale of points assigning relative values to 106 convictions of the following violations: 107 1. Reckless driving, willful and wanton-4 points. 108 2. Leaving the scene of a crash resulting in property 109 damage of more than $50-6 points. 110 . 3. Unlawful speed, or unlawful use of a wireless 111 communications device, resulting in a crash-6 points. 112 4. Passing a stopped school bus-4 points. Page 4 of 5 CODING: Words MdGkee are deletions; words underlined are additions. hb0299-00 F L 0 R I D A H 0 U S E O F R E P R E S E N T A T I V E S HB 299 2012 113 5. Unlawful speed: 114 a. Not in excess of 15 miles per hour of lawful or posted 115 speed-3 points. 116 b. In excess of 15 miles per hour of lawful or posted 117 speed-4 points. 118 6. A violation of a traffic control signal device as 119 provided in s. 316.074(l) or s. 316.075(1)(c)1.-4 points. 120 However, no points shall be imposed for a violation of s. 121 316.074(1) or s. 316.075(1)(c).1. when a driver has failed to 122 stop at a traffic signal and when enforced by a traffic 123 infraction enforcement officer. In addition, a violation of s. 124 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 125 stop at a traffic signal and when enforced by a traffic 126 infraction enforcement officer may not be used for purposes of 127 setting motor vehicle insurance rates. 128 7. All other moving violations (including parking on a 129 highway outside the limits of a municipality)-3 points. However, 130 no points shall be imposed for a violation of s. 316.0741 or s. 131 316.2065(12); and points shall be imposed for a violation of s. 132 316.1001 only when imposed by the court after a hearing pursuant 133 to s. 318.14(5). 134 8. Any moving violation covered in this paragraph abeve, 135 excluding unlawful speed and unlawful use of a wireless 136 communications device, resulting in a crash-4 points. 137 9. Any conviction under s. 403.413(6)(b)-3 points. 138 10. Any conviction under s. 316.0775(2)-4 points. 139 Section 3. This act shall take effect October 1, 2012. Page 5 of 5 CODING: Words stFisken are deletions; words underlined are additions. hb0299-00 I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-10 Date: November 1, 2011 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Logistics Center - Consent to First Amendment to Facilities Use Subagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NP5 BACKGROUND: See C.A. No. 10-1434 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed First Amendment to Facilities Use Subagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NPS, and authorize the Chairman to sign the Consent. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Da 'el S. McInty e Originating Dept. Other: Roger Shinn Finance (Check for Copy only, if applicable): Purchasing: Other: I INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 11-1434 DATE: October 21, 2011 SUBJECT: Logistics Center - Consent to First Amendment to Facilities Use 5ubagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NP5 BACKGROUND: On June 31, 2011, the Board of County Commissioners granted its consent to a proposed Facilities Use 5ubagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NP5. The 5ubagreement provides for NP5 to use a portion of the Task Force site in the Logistics Center to fabricate piping for its work at the Turkey Point Nuclear Facility and incorporate this work into the apprenticeship program administered by the Task Force. Pursuant to the 5ubagreement, NP5 has made improvements to the facility to accommodate its welding operations and will donate equipment valued at approximately seventeen thousand and 00/100 dollars ($17,000.00) to the Task Force for use in the apprenticeship program. There are currently three apprentices employed on the project, including two St. Lucie County residents. NP5 has requested an extension of the term through and including December 31, 2011. Attached to this memorandum of a proposed First Amendment to Facilities Use 5ubagreement which has been drafted for this purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board consent to the proposed First Amendment to Facilities Use 5ubagreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmerman NPS, and authorize the Chairman to sign the Consent. Attachment HY/ Copies to: County Administrator Assistant County Administrator Facilities Manager Respectfully submitted, Heather Young Assistant County Attorney FIRST AMENDMENT TO FACILITIES USE SUBAGREEMENT THIS FIRST AMENDMENT TO FACILITIES USE SUBAGREEMENT made and entered into on this day of , 2011, by and between GREEN COLLAR TASK FORCE JOINT APPRENTICESHIP AND TRAINING COMMITTEE, INC., a Florida not for profit corporation, hereinafter referred to as the "Committee", and DAY & ZIMMERMAN NPS, a Pennsylvania corporation, hereinafter referred to as "Corporation." WITNESSETH: WHEREAS, St. Lucie County, hereinafter referred to as the "County", owns a facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, on June 16, 2009, the County entered into a Memorandum of Agreement with several trade unions and Workforce Solutions to provide for the creation of a registered apprenticeship program to develop and train workers in green collar jobs in St. Lucie County, hereinafter referred to as the "MOA"; WHEREAS, the MOA provided for the creation of a not for profit corporation to administer the apprenticeship program; and, WHEREAS, the MOA further provided for the parties to enter into a Facilities Use Agreement for space in the Facility for the operation of the apprenticeship program; and, WHEREAS, the Committee was created pursuant to the MOA to administer the apprenticeship program; and, WHEREAS, on May 25, 2010, the Committee entered into a Facilities Use Agreement with St. Lucie County which governs the Committee's use of the Facility, hereinafter referred to as the "Master Agreement;" and, WHEREAS, the Corporation is a maintenance contractor for FP&L's nuclear power plants; and, WHEREAS, the Corporation has proposed incorporating its fabrication projects related to the FP&L Turkey Point Nuclear facility, hereinafter referred to as the "Project", into the apprenticeship program; and, WHEREAS, the Committee has determined that the Project is consistent with the purpose of the apprenticeship program and will provide additional training opportunities for program participants; and, WHEREAS, on June 21, 2011, the parties entered to an Facilities Use Subagreement, with the consent of the County, which provided for the Corporation to use the Facility in conjunction with the Project, hereinafter referred to as the "Subagreement"; and, WHEREAS, the Corporation has requested that the Subagreement be extended through and including December 31, 2011 to accommodate the extended Project schedule. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Paragraph 5, Term. Termination, of the Subagreement is hereby amended to read as follows: 5. TERM; TERMINATION The term of this Agreement shall be for the period beginning, June 21, 2011, through and including December 31, 2011, unless otherwise terminated as herein provided. The term may be extended upon mutual written agreement of the parties and consent of St. Lucie County. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. Upon receipt of notice from the Committee of its intent to terminate this Agreement, the Corporation shall begin the process of removing its materials from the Facility. The Corporation shall complete such closing and disposition prior to the effective date of termination unless a longer time period is mutually agreed upon between the parties. If at any time during the term of this Agreement the Corporation shall default in the performance of any term of this Facilities Use Agreement, including but not limited to the Corporation's responsibilities set forth above in Paragraph 4, then the Committee shall send to the Corporation a written 2 notice of default, specifying the nature of the default, and the Corporation shall, within fifteen (15) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If the Corporation shall fail to cure and remedy such default within the applicable time, the Committee shall have the right to declare, by written notice to the Corporation, that this Agreement is in default, and to use all remedies available to the Committee, including, but not limited to, termination and such other remedies, procedures and rights specified in this Agreement. If written notice of the default shall have been given to the Corporation, and if the Corporation, prior to the expiration of fifteen (15) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, the Committee shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of the Committee to declare the Agreement term ended and enforce all of its rights and remedies under this Agreement for any other default not so cured. 2. All other terms and conditions of the Subagreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2011. Attest: Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. BY: President (Seal) Witnesses: Day & Zimmerman NPS By: Name: Title: 3 M CONSENT OF ST. LUCIE COUNTY St. Lucie County hereby grants it consent to the above First Amendment to Facilities Use Sub -Agreement between Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. and Day & Zimmermann NP5. Attest: Board of County Commissioners St. Lucie County, Florida BY: BY: Deputy Clerk 5Aatty\agreemnt\fac-use\Green Collar NP5.1a.doc Chairman Approved as to Form and Correctness: BY: County Attorney 4 40 R ECEIVED t SEP 3 0 2011 Day0mmermann NPS® p9 We coo what we say.'. ' `' PO Box 6128 Jensen Beach, Fl. 34957 September 21, 2011 Diane Pauley Senior Fiscal Assistant Parks, Recreation and Facilities — St Lucie County Dear Ms. Pauley This letter is to request an extension for the uses of the St Lucie County Green Collar Task Force training facility to be utilized for a fabrication projects related to Turkey Point Nuclear facility where we will fabricate 4" and 6" piping to be installed at their facility. We will employee apprentices from Local #630 to assist in the work. We will require welding on the outside North East corner to take place and storage of piping inside the facility. We will be providing the necessary electrical equipment, welding machine hook ups, material and pipe stands and tables to support the work activities. The Project will last approximately three additional months completing December 31, 2011. Once the activities are completed, all electrical modifications, tools and the welding facilities will remain to support other training activities by county and the local building trades. Please approve this project so we can all benefit from the additional improvements and work identified. Thanks you for your support. Sincerely Yours Harold Safar Director of.Operations Office 772=468-4101 Cell 615-948-8808 Cc Roger Hudspeth., Shawn Mitchell AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-1 1 DATE: November 1, 2011 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Park and Ride Avenue D and North 8t" Street Robert Douglass - Parcel I.D. 2410-601-0094-000-5 and 2410-601-0091-000-4 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: 130102-4910-582015-400 (Federal Transit Administration - ARRA Grant) 100% FTA funded, no local match required PREVIOUS ACTION: March 10, 2009 - Board authorized staff to submit an application to the Federal Transit Administration (FTA) for Section 5307 American Recovery and Reinvestment Act (ARRA). September 8, 2009 - Board accepted Federal Transit Administration FTA 5307 Grant Award for $1,957,183. RECOMMENDATION, Staff recommends that the Board approve the Contract for Sale and Purchase from Robert Douglass, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: [ ] Road and Bridge: [ ] Public Works: Daniel S. McIntyre Don Pauley Don West [x] Originating Dept: ��i2 [x] Housing & Community Services Director: A�7 JoAnn Riley Beth Ryder 5:\ACQ\WP\JoAnn\Park & Ride\Douglass\Agenda Request.wpd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 1, 2011 SUBJECT: Park and Ride Avenue D and North 8th Street Robert Douglass - Parcel I.D. 2410-601-0094-000-5 and 2410-601-0091-000-4 BACKGROUND: March 10, 2009, the Board authorized staff to submit an application to the Federal Transit Administration (FTA) for Section 5307 American Recovery and Reinvestment Act (ARRA) 2009 grant funds. September 8, 2009, the Board accepted Federal Transit Administration FTA 5307 Grant Award for $1,957,183. FTA 5307 ARRA Capital project included funding for the recently constructed Intermodal Transit Facility, as well as Park and Ride and other transit -related infrastructure. This grant allows for $150,000 to be used for land acquisition, design and construction of the Park and Ride facility. This facility will allow for additional parking opportunities for carpoolers, shuttles, community pool vehicles and taxi services. Transit riders will be able to transfer to or from the public transit bus to these alternate modes of transportation. Community Services/Transit Division contacted Robert Douglass who indicated he would be willing to sell his property. The County presented a Contract to Robert Douglass for $28,000, which is 100% of the appraised value of his property according to Callaway & Price, Inc., the County's independent appraiser. The purchase price is 100% funded by the Federal Transit Administration. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase from Robert Douglass, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of. St. Lucie County, Florida. Respectfully submitted, PJ00perty nn Riley Acquisition Manager 5:\ACQ\WP\JoAnn\Park & Ride\Douglass\Agenda Memompd PROJECT NAME: Park and Ride Project PARCEL: Robert Douglass (TR) Parcel I.D. 2410-601-0094-000/5 and Parcel I.D. 2410-601-0091-000/4 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2011, ROBERT DOUGLASS, AS TRUSTEE OF THE TIERRA VERDE PROPERTIES IRREVOCABLE TRUST DATED JANUARY 22, 2009, whose mailing address is 7548 S. U.S. HIGHWAY 1, # 232, PORT ST. LUCIE, FL 34952 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Twenty -Eight Thousand and 00/100 Dollars, determined to be the total of the following: ($28,000.00) Real Property I.D. 2410-601-0094-000/5 $14,000.00 Parcel I.D. 2410-601-0091-000/4 $14,000.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. Contract is contingent on St. Lucie County acquiring the abutting parcel to use for a park and ride. 1 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good. and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. 2 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue_ of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before January 31, 2012 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies 3 paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 4 19 REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreementfirst, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21 SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may 5 be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors orthe parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. seals. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and 17VCr%1 ITCI'1 L... 0=1 LER this day of , 2011. TERRAVERDE PROPERTIES IRREVOCABLE aTRU dated January 22, 2009 ROBERT 0—OUGLASS, as Trustee 6 The foregoing instrument was acknowledged before me this day of 2011, for ROBERT DOUGLASS, as Trustee for the TERRA VERDE PR PE TIES IRREVOCABLE TRUST dated January 22. 2009 who is personally known to me or who has produced a drivers license issued within the last five years as id ification. �®mesaaaneemaoAneeez©e®ae®aanaegeaacnaoaeaeaas L%2%"� ® TRACY ANN PECHO a e'euoitlao 859ea ��6��Y���PP" •" Notary Public 'VS : issIdNTI e R-man PdoWsyAsee+., Inns ® paata�9 Paesaaeueae�mcs5n:cnsweae�aenagMkpabaeeas®anees®� (Printed, Type or Stamped Name of Notary Public) EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK day of , 2011 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Lot 3, Block F, of Fee and May's Resubdivision, according to the Plat thereof, as recorded in Plat Book 3, at Page 48, of the Public Records of St. Lucie County, Florida. :Me Lot 6, Block F, of Fee and May's Resubdivision, according to the Plat thereof, as recorded in Plat Book 3, Page 48, of the Public Records of St. Lucie County, Florida. 8 SCHEDULE OF LEASES, TENANCJ28 AND OCCUPANCIES 9 EXHIBIT "C" CONTRACTS, LICENS AND AGREEMENTS 10 EXHIBIT "D" OPERATION, MAINTENANCE 414D EMPLOYMENT AGREEMENTS Vv� 11 EXHIBIT "E" POLICIES OFASURANCE 12 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks, Recreation & Facilities Golf Course SUBJECT: Golf Course Rate Change BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A ITEM NO. VI-Cl DATE: 11/01/11 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Matt Baum Golf Course Manager -AB PREVIOUS ACTION: September 25, 2007 - BOCC Approval Fairwinds $1.00 rate increase. March 25, 2008 - BOCC Approval of Fairwinds Golf Course Business Changes April 27, 2010 - BOCC Approval of Fairwinds Golf Course Greens RECOMMENDATION: Board approval of proposed rates and fees on Exhibit A, authorization for the County Administrator to approve future fee changes and authorization for the Chairman to execute documents as approved by the County Attorney. Staff also recommends approval of the Group Rate herein as shown in Exhibit B. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst Originating Dept. ERD (Name) (Name) (Name)pk-r4C,k t110W& 1 (Name) Parks, Recreation & Facilities Golf Course MEMORANDUM TO: IBoard of County Commissioners THROUGH: Lee Ann Lowery, Assistant County Administrator FROM: Matt Baum, Golf Course Manager%] DATE: November 1, 2011 SUBJECT: Golf Course Rate Change ITEM NO. VI-Cl Background: Due to the extremely competitive climate, the recession and poor condition of the greens, Fairwinds Golf Course has refrained from raising rates the past two years and tried to sustain revenue through more creative and alternative business solutions. For an 18-hole round of golf including cart, the proposed increase is $1.00 plus the necessary increment to bring the fee to an even dollar amount including tax. For 9-hole rounds (with cart) the increase is only the increment that brings the fee to an even dollar amount including tax. The new proposed rate for an 18-hole round of golf with cart including tax is $54 in the AM and $42 in the PM. The comparative prices of an 18-hole round of golf (with cart) for local municipal courses with tax comparisons are as follows: Sandridge Current 2011: Indian Hills Current 2011: The Saints Current 2011: $53.50 AM/$44.94 PM $51.12 AM/$42.60 PM $53.25 AM/$2.60 PM Finally, there have been dozens of groups seeking places to play over the past several years. Currently we are only able to offer these groups tee times at the regular rate. This has been sufficient enough in the past to help fill gaps in the tee sheet during off peak times. Unfortunately, it has been increasingly difficult to attract these groups due to other facilities offering group discounts. Therefore, staff recommends that a large group rate be established which will allow us to attract these groups by offering them a competitive rate. This is an advantage for Fairwinds by having large consistent groups available to fill the off peak times on the tee sheet. This proposed group rate, $49.00, is between the public rate of $54.00 and the Resident Discount Card Rate of $45.00. Recommendation: Board approval of proposed rates and fees on Exhibit A, authorization for the County Administrator to approve future fee changes and authorization for the Chairman to execute documents as approved by the County Attorney. Staff also recommends approval of the Group Rate herein as shown in Exhibit B. EXHIBIT A November 1 thru December 31 April 1 thru May 31 November 1 thru December 24 April 9 thru May 27 Current Rate Current Tax Current Total Proposed Rate Proposed Tax Proposed Total 18 Public AM 32.00 2.08 34.08 33.80 2.20 36.00 18 Group AM N/A N/A N/A 30.99 2.01 33.00 18 Card AM 27.00 1.76 28.76 28.17 1.83 30.00 18 Public PM 27.00 1.76 28.76 28.17 1.83 30.00 18 Card PM 25.00 1.63 26.63 26.29 1.71 28.00 9 Public 22.00 1.43 23.43 22.54 1.46 24.00 9 Card 20.00 1.30 21.30 20.66 1.34 22.00 Walk 18 Public 19.00 1.24 20.24 19.72 1.25 21.00 Walk 18 Card 15.00 .98 15.98 15.02 .98 16.00 Walk 9 Public 15.00 .98 15.98 15.02 .98 16.00 Walk 9 Card 12.00 .78 12.78 12.21 .79 13.00 January 1 thru March 31 December 26 thru April 8 Current Rate Current Tax Current Total Proposed Rate Proposed Tax Proposed Total 18 Public AM 49.00 3.19 52.19 50.70 3.30 54.00 18 Group AM N/A N/A N/A 46.01 2.99 49.00 18 Card AM 41.00 2.67 43.67 42.25 2.75 45.00 18 Public PM 38.00 2.47 40.47 39.44 2.56 42.00 18 Card PM 33.00 2.15 65.15 34.74 2.26 37.00 9 Public 29.00 1.89 30.89 29.11 1.89 31.00 9 Card 24.00 1.56 25.56 24.41 1.59 26.00 Walk 18 Public A00 1.89 30.89 29.11 1.89 31.00 Walk 18 Card 23.00 1.50 24.50 24.41 1.59 26.00 Walk 9 Public 17.00 1.11 18.11 17.84 1.16 19.00 Walk 9 Card 14.00 .91 14.91 14.08 .92 15.00 June 1 thru October 31 1May 28 thru October 31 Current Rate Current Tax Current Total Proposed Rate Proposed Tax Proposed Total 18 Public AM 26.00 1.69 27.69 26.29 1.71 28.00 EXHIBIT B Proposal — Fairwinds Group Rate 2011-2012 Justification: There have been dozens of groups seeking places to play over the past several years. Currently we are only able to offer these groups tee times at the regular rate. This has been sufficient enough in the past to help fill gaps in the tee sheet during off peak times. Unfortunately, it has been increasingly difficult to attract these groups due to other facilities offering group discounts. Therefore, staff recommends that a large group rate be established which will allow us to attract these groups by offering them a competitive rate. This is an advantage for Fairwinds by having large consistent groups available to fill the off peak times on the tee sheet. Group Qualifications: 32+ Paid Players Per Event Group Event at Fairwinds Once or More Times Per Week Year -Round Commitment *Tee times are at the sole discretion of the Golf Course Staff Group Rates• December 26 thru April 6 $46.01+Tax = $49.00 November 1 thru December 24 & April 7 thru May 26. $30.99+Tax = $33.00 May 27 thru October 31 $24.41+Tax = $26.00 ITEM NO. VI-C2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks, Recreation & Facilities Golf Course SUBJECT: Golf Course Restaurant Rent Waiver BACKGROUND: See Agenda Memorandum FUNDS AVAILABLE: N/A DATE: 11 /01 /11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Matt Baum Golf Course Managerh73 PREVIOUS ACTION: May 8, 2007, Fairwinds Concessions/Amendment to Agreement/Julius Management Group/Contract #CO2-08-616. RECOMMENDATION: Board approval of the Amendment to the Agreement between the County and Julius Management Group/Contract #CO2-08-616 as prepared by the County Attorney and authorization for the Chairman to sign. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney ( ) Originating Dept. (Name) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (Name) (Name)a-M 4 (Name) 1%/ Department Name MEMORANDUM TO: Board of County Commissioners THROUGH: Lee Ann Lowery, Assistant County Administrat FROM: Matt Baum, Golf Course ManagerAR DATE: November 1, 2011 SUBJECT: Golf Course Restaurant Rent Waiver ITEM NO. VI-C2 Background: Ten years ago, the "free hot dog promotion" was put in place during the slow months, June through September, to attract players to Fairwinds. The promotion provided ' a free hot dog for each paying player. Fairwinds subsidized Julius Management, the concessioner, $.75 for each player on the tee sheet. The promotion cost Fairwinds approximately $18,793 per year. Fairwinds staff does not feel this is a cost-effective way to increase the attendance during these months. When informed that the promotion was being stopped, the concessioner brought forward a request to waive the golf course restaurant rent of $2000 for the off-season (June 1 through September 30, 2011). Staff supports this request for this year only. Recommendation: Board approval of the Amendment to the Agreement between the County and Julius Management Group/Contract #CO2-08-616 as prepared by the County Attorney and authorization for the Chairman to sign. THIRD AMENDMENT TO AGREEMENT BETWEEN COUNTY AND JULIUS MANAGEMENT GROUP CONTRACT #CO2-08-616 THIS THIRD AMENDMENT is made and entered into this dayof 2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and JULIUS MANAGEMENT GROUP (the "Concessionaire"). WHEREAS, on August 15, 2002, the County and 19 Bar & Grille, LLC, entered into an Agreement whereby the 19 Bar & Grille would provide food and beverage service at the St. Lucie County Fairwinds Golf Course and pay for some of the associated expenses; and WHEREAS, on May 13, 2003, the County and 19 Bar & Grille, LLC entered into an amended and restated concession agreement. This agreement provided that 19 Bar & Grille, LLC would pay no rent for one year beginning May 13, 2003. The County could extend the no -rent condition for up to two additional one-year periods; and WHEREAS, on May 4, 2004, the 19 Bar & Grille assigned to Concessionaire all of its rights, duties, liabilities, and obligations under the Agreement and the Concessionaire agreed to assume, perform, and discharge all duties, liabilities and obligations as set forth in the Agreement; and WHEREAS, on August 23, 2005, the parties extended the no -rent condition of the Agreement through and including November 13, 2006; and WHEREAS, ON May 8, 2007, the parties exercised the option to renew for an additional five-year term and to amend the Agreement to provide for a five hundred dollar ($500.00) monthly concession fee rather than twenty cents ($0.20) per paid golfer. WHEREAS, the parties desire to waive the monthly concession fee for June, July, August and September 2011. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the parties agree to the following: 1. Section 6.01 B, of the Agreement is further amended to read as follows: The monthly rent shall be five hundred dollars ($500.00) per month except for June, July, August, and September 2011 where the rent shall be waived. -1- 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon terms and conditions above stated. I_%111*11IR CLERK WITNESSES: S:\ATTY\AGREEMNT\Julius Management - 3A.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY JULIUS MANAGEMENT GROUP BY: Print Name: Title: -2- AGENDA REQUEST ITEM NO. VI-C3 DATE: 11 /01 /11 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY' Lee Ann Lower SUBMITTED BY: Parks, Recreation & Facilities Assistant Coun Administrator SUBJECT: Resolution 11-169, Interim Facility Use Policy BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 28, 2008 — Board approval of Resolution 08-321. RECOMMENDATION: Board approval of Resolution 11-169, Facility Use Policy, as Interim Facility Use Policy for Parks and Recreation facilities as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER A/ Coordination/Signatures County Attorney ( ) Katherine Barbieri CONCURRENCE: Faye W. Outlaw, MPA County Administrator COUNTY ADMINISTRATION MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS (BOCC) THROUGH: Faye W. Outlaw, MPA County Administrator FROM: Lee Ann Lower Assistant CountAdministrator DATE: November 1, 2011 SUBJECT: Resolution, 11-169, Interim Facility Use Policy ITEM NO. VI-C3 At the Budget Workshop on October 25, 2011, the BOCC was briefed on the review being conducted of the Parks, Recreation & Facilities Department. It is clear there is a need to develop and implement policies and procedures for the department, especially as it relates to use of recreational facilities by external organizations and individuals. This process will be detailed and time-consuming and require further policy input from the BOCC. However, per the BOCC discussion, there is an immediate need for policies and procedures to address current events that have been booked or are in the process of being booked at the Fenn Center, ball fields and other facilities. To that end, staff is recommending that the BOCC policy approved in October 2008 (effective 2/1/09) for non -recreational facilities be amended to include recreational facilities. This policy includes the following major components which, with minor changes, are needed immediately to address the use of parks and recreational facilities: 1. Authorizes the County Administrator or designee to establish written procedures consistent with the BOCC policy. There are currently no written procedures for the rental of the Fenn Center or the Fairgrounds. In addition, with the County discontinuing recreational programs, the use of ball fields by external organizations must be revisited. Approval of this policy is critical to allow these procedures to be developed and implemented. 2. Requires all organizations and individuals using a County facility to execute a facility use agreement approved by the County Attorney. Not all organizations or individuals have executed agreements for use of the Fenn Center. In some cases, the only documentation available is a proposed fee estimate. This policy will require that all users execute a facility use agreement or contract, depending on the type and length of use requested. 3. Authorizes the County Administrator or designee to establish a written fee schedule based on comparable rates charged for similar facilities by other local governmental entities. The BOCC has approved a fee schedule for use of parks and recreational facilities which we anticipate will be unchanged through the interim period and which will be followed in accordance with this policy. However, there are some charges which were not included on the approved fee schedule which are needed by the Fenn Center and other facilities. For example, large tournaments which take place at numerous County facilities over many days, even weeks, use significant supplies such as toilet paper, paper towels, clay for ball fields, etc. When appropriate, these costs should be recouped by the County, especially given the department's reduced budget. Another example is the need for cleaning deposits. A few events have left the Fenn Center in shambles, including the parking lot and bathrooms. This deposit is needed to provide an incentive for lessees, promoters and caterers to do a better job of caring for the facility during an event and cleaning after the event. Security deposits are also recommended for certain events where large crowds are anticipated or possible damage to the facility or equipment can be anticipated. 4. Requires the user pay for all staff costs related to facility use, including contract labor. Typically, the County's actual labor cost has not been charged, often in effort to negotiate competitive rates and secure the event. However, by not including these costs in the charges, the County is not covering its actual costs for events. The use of contract labor is helpful in that it does not result in overtime charges to the County and allows maximum flexibility in meeting the work schedule for events. 5. Allows facility use rates to be waived or reduced based on a partnership agreement which provides services or other contributions to the facility, such as capital improvements or purchase of equipment or other needed supplies which are of comparable value. This policy provides an alternate method for organizations which may be rich in resources other than cash to make a meaningful contribution to the facility. These agreements must be approved by the County Administrator. The County currently has a partnership agreement with the Audubon Society for use of the Oxbow Center. 6. Authorizes the County Administrator or designee to approve the serving of alcohol at events contingent upon specific permit and insurance requirements. Additional staffing or security may also be required at the discretion of the County Administrator. The Fenn Center has been booking events at which alcohol has been served but without BOCC approval. However, the current BOCC policy in place for parks and recreational facilities requires the BOCC approve each event at which alcohol will be served. This policy will authorize the County Administrator or designee to approve serving alcohol, as is the current policy for non -recreational facilities. 2 7. Provides specific criteria for submitting a request for a fee waiver to the BOCC for consideration. The organization must meet the following criteria in order for a waiver request to be presented to the BOCC: a. Be a local nonprofit or governmental entity; and b. Provide services which are available to the entire community; or c. Be a fundraiser for a local nonprofit organization which provides services to the entire community. There is currently no standard for when a request for waiver should be presented to the BOCC. This policy will greatly assist the department in determining when a waiver request can be submitted to the BOCC. Substantive Revisions to the 2009 BOCC Facility Use Policy Substantive changes to the 2009 BOCC Facility Use Policy are needed in the following areas: 1. The discount provided to nonprofit and governmental organizations; 2. Stricter requirements for adherence to contract/facility use agreement terms and conditions; and 3. Use of County facilities for Treasure Coast Sports Commission major events. The 2009 BOCC Facility Use Policy provides a 50% discount for use of non -recreational facilities, such as meeting rooms, for nonprofit and governmental agencies. The current discount is 25% for nonprofit and governmental agency use of recreational facilities, such as the Fenn Center, Fairgrounds, South County and Lawnwood stadiums and baseball fields. Staff is requesting that the discount for recreational facilities remain at 25% on an interim basis. This policy needs further review and evaluation based on many factors, including but not limited to: 1. Current heavy demand for athletic/recreational facilities by user groups; 2. Appropriate criteria for application of the fee reduction to nonprofits and user groups; 3. Anticipated increase in demand if the discount is increased to 50%; 4. Significant maintenance and repair required for basketball courts, ball fields, etc. before, during and after intense use by numerous teams; and 5. Direction from the BOCC on the focus of generating revenue from the Parks & Recreation facilities. The 2009 Facility Use Policy also needs to be revised to add language related to the consequences where a user fails to adhere to laws, County policies and procedures and terms of the facility use agreement, including payment of required fees in advance. This is an area that has been a significant challenge for recreational staff and, along with the requirement for a signed facility use agreement or contract, stronger language in the BOCC policy will assist in addressing this issue. Finally, the BOCC has a unique relationship with the Treasure Coast Sports Commission (TCSC) which receives Tourist Development tax funding to attract major events to St. Lucie County. The events must attract people from outside the area and directly impact the use of our area hotels (which also directly impacts the use of area restaurants, shopping, etc.) These events are typically athletic tournaments which use multiple County facilities for long periods of time and require intense staffing to repair field conditions between each game as well as at the end of each day of competition. This policy will allow the County Administrator to negotiate directly with the TCSC to balance the economic benefit to the community with the real costs to the County and the impact on County staff. �3 Staffing Issues Staff would like to make the BOCC aware of two issues, one of which may result in a budget impact. It is clear that the Parks & Recreation divisions are not adequately staffed to host the major events that are currently on the schedule and/or which are being proposed in the coming months. Generally, supervisory staff is salaried and many have been working well beyond reasonable expectations to provide coverage for these events, which include tournaments, exhibits and other events which take place over many days and usually include weekends, evenings and even holidays. To address this concern, Administration will be allowing these staff to either flex their work schedule or utilize the Employee Compensation policy in Section 2 of the Employee Manual. In addition, we will be cross -training other supervisory staff to provide relief when major events are scheduled every weekend. Another staffing concern relates to use of the inmate crew and contract labor. The inmate crew of up to five workers is provided by the Department of Corrections at an annual cost of $58,004 which pays for the Correctional Officer who supervises their work. The inmate crew performs work at all parks, Digital Domain, Fairgrounds, Savannas and the Fenn Center. At the Fenn Center, the inmate crew is often used to assist when there is significant set-up and/or tear down for an event. However, the inmate crew is not always available and "all hands on deck" must be called for assistance. This usually results in use of County staff and crews that then are not be able to perform their regular duties. In many cases, the County will not be able to charge for the additional staff and/or contract labor since the contract has already been executed and may have been priced assuming the inmate crew would be available. In order to provide adequate manpower for major events, staff will be utilizing contract labor more frequently and in larger numbers, either in lieu of calling in County staff or to perform the work of County staff while they assist with major events. While the use of contract labor has been approved by the BOCC in the department's budget, staff anticipates this figure may be inadequate if the staffing of major events is included. Since most of these events have already been confirmed and booked, the cost of this contract labor cannot be recouped. Summary With the approval of this policy, staff will immediately begin putting in place needed procedures, forms, fees, etc. related to the use of recreational facilities by external organizations and individuals. While the interim policy is in place, staff will be conducting research and presenting information at the November 14 BOCC informal meeting on the costs and benefits of continuing to focus the Fenn Center on being a venue for facility rental and increasing revenue for the County or re -focusing it on being a community center, perhaps with limited rentals of meeting space. With direction from the BOCC, staff can then move forward with final policies and procedures. Recommendation Board approval of Resolution 11-169, Facility Use Policy, as Interim Facility Use Policy for Parks and Recreation facilities as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 4 RESOLUTION NO. 11-169 A RESOLUTION AMENDING THE ST. LUCIE COUNTY FACILITY USE POLICY (ADOPTED BY RESOLUTION NO. 08-321), ATTACHED HERETO AND MADE A PART HEREOF AS "ATTACHMENT All WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 28, 2008, the Board of County Commissioners approved Resolution No. 08-321 adopting a uniform policy for use of non -recreational County facilities by governmental agencies, non-profit organizations or other groups. 2. The use of County facilities, especially after business hours, impacts costs related to utilities, equipment, housekeeping, and security. Facility use by outside groups also impacts staff workload. These groups are required to pay a fee for use of any non -recreational facility. 3. The County Administrator was given the authority to develop and implement procedures consistent with the policy and to approve the use of alcohol at non -recreational County Facilities. 4. It is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida to amend this policy and extend it to County parks and recreational facilities as well. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida. 1. This Board does hereby approve amending the St. Lucie County Facility Use Policy attached hereto and made a part hereof as "Attachment A". 2. The amended St. Lucie County Facility Use Policy attached to this resolution shall become effective upon its adoption. After motion and second the vote on this resolution was as follows: Chairman Chris Craft XXX Vice -Chairman Chris Dzadovsky XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX Commissioner Paula Lewis XXX 1 PASSED AND DULY ADOPTED this 1st day of November 2011. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY St. Lucie County Facility Use Policy Amended November 1, 2011 Attachment A of Resolution 11-169 General Facility Use and Fees 1. The Board of County Commissioners (BOCC), its members, County Departments or programs, BOCC advisory committees and Constitutional Officers have priority for use of County facilities, including parks, pavilions and other recreational facilities, for County business. There is no charge for these uses. 2. Written procedures for facility use, consistent with this policy, shall be established by the County Administrator or designee. The County reserves the right to impose any additional regulations or procedures, whether or not expressly provided herein, which may be in the best interest of the County and operation of its facilities and to deny use of a facility when the proposed use of the space is not appropriate for the facility or does not comply with these polices or procedures. 3. Any organization or individual denied use of a facility may appeal the denial to the County Administrator in writing within 10 business days of the denial. The County Administrator will render a decision on the appeal in writing within 5 business days. If the denial is upheld by the County Administrator, the organization or individual may appeal to the BOCC within 5 business days of the County Administrator's denial. Such appeal must be in writing and outline the basis for the appeal. The appeal will be placed on an agenda for a regularly scheduled meeting of the BOCC within 14 business days of receipt of the appeal. Organizations and individuals may not appeal fees, other charges or policies and procedures. 4. Permission for use of a County facility does not imply County endorsement of the views, opinions, policies or activities of groups or organizations using the facility. Any announcement or publicity implying such endorsement is prohibited. The County is not responsible for the accuracy, use or consequence of statements made during use of a facility. 5. Nonprofit and for -profit corporations are required to provide a certificate of insurance naming St. Lucie County BOCC as an additional insured for coverage and limits specified by Risk Management, in consultation with the County Attorney. At the discretion of the County Administrator or designee, individuals may also be required to provide a certificate of insurance, depending on the requested facility, equipment and/or the proposed use. The insurance policy must contain a provision providing the County with 30 days written notice prior to termination, non -renewal or restriction of coverage. 6. All organizations and individuals using a County facility shall execute a facility use agreement or contract approved by the County Attorney. 7. Any activity in a County facility will be conducted according to applicable laws, rules, regulations and ordinances. Any individual or organization which fails to comply with the laws, rules, regulations, ordinances, County policies and procedures and/or terms of the facility use agreement or contract, including required payments when due, may be prohibited from using County facilities for a period of time in the future at the discretion of the County Administrator. The County Administrator's decision may be appealed to the Board of County Commissioners per Paragraph 3 of this Policy. 3 8. A written facility use fee schedule, including but not limited to, additional charges for staff, supplies, equipment and security and/or cleaning deposits, will be established by the County Administrator or designee. Fees for facility use shall be based on a comparison of rates charged for similar facilities by other local governmental entities. Fees should offset the operational costs incurred by the County in providing for use of the facilities. 9. The user is responsible for paying all staff costs for facility use, including use of contract labor and when staff is required for more than one hour during normal business hours. 10. Except as noted, St. Lucie County nonprofit and governmental organizations will receive a 50% reduction of the facility use fee paid by for -profit organizations and individuals. St. Lucie County nonprofit and governmental organizations will receive a 25% reduction in the facility use fee at the Havert L. Fenn Center, Fairgrounds, Digital Domain, South County and Lawnwood stadiums, ball fields and similar unique facilities as designated by the County Administrator. It is the responsibility of each organization to provide documentation of nonprofit status to be eligible for reduced rates. Groups which cannot provide such documentation must pay applicable fees. The fee reduction does not apply to staff, equipment, supplies or required deposits. 11. With the approval of the County Administrator or designee, facility use rates may be waived or reduced for organizations executing a written partnership agreement with the County to provide needed or desired services and/or contributions in lieu of the facility use fee. The estimated value of such services or other contributions shall be similar to the value of fees being waived or reduced. A partnership agreement may not be used in lieu of payment for staff or equipment charges associated with any use. 12. Fees for facility use may be waived by the Board of County Commissioners when the proposed event or program will allow a local nonprofit organization or governmental agency to provide services which are available to all the citizens of St. Lucie County or is a fundraiser for such an organization. Fees for staff, supplies and equipment required for the event may not be waived. 13. The County Administrator is authorized to negotiate terms of facility use with the Treasure Coast Sports Commission for major events, including charges for staff, equipment, supplies, etc. 14. Revenue generated by facility use fees will be credited to the Department managing the facility. 15. Alcohol may be served at events, contingent upon the applicant receiving approval of the County Administrator or designee and payment of an additional fee or as required by a contract between the County and a concessionaire. The applicant must provide copies of all required permits prior to the event. General Liability insurance with a Host Liquor Liability endorsement shall be provided. Persons must be at least 21 years of age to possess or consume alcohol and identification must be checked as required by law. The County assumes no responsibility for the improper or illegal serving of alcoholic beverages during use of a County facility. Additional staffing or security may also be required. The County Administrator's decision may be appealed to the Board of County Commissioners per paragraph 3 of this policy. 4 F ITEM NO. VI-D1 DATE: 11/1/11 ( ) AGENDA REQUEST REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer A4q SUBJECT: St. James Drive Pedestrian Walkway Phase II BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 318-4113-563000-470 (County Capital, Transportation Bond) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to reject bids, modify design to reduce project scope, and authorization for staff to rebid St. James Drive Pedestrian Walkway Phase II. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures V OMB Director ( x) C— %w County Attorney (x) V4 Marie Gouin Daniel McIntyre Originating Dept. ( x ) W Ddnald West Road & Bridge (x ) Manager Donald Pauley St. James Drive Pedestrian Walkway Ph 11 reject bids & rebid.ag County Engineer (x) ► VP 0- 1-1 Michael Powley J K Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer DATE: November 1, 2011 SUBJECT: St. James Drive Pedestrian Walkway Phase II ITEM NO. VI-D1 Background: The St. James Pedestrian Walkway Phase 11 continues the improvements completed in the St. James Pedestrian Walkway Phase I. This project is partially funded by a grant from the Florida Department of Transportation (FDOT) via a Joint Participation Agreement (JPA) in the amount of $381,000. The funding associated with this JPA expires in January 2012. An eight -foot concrete sidewalk will be extended from its present terminus by the Oxbow Eco-Center southward to Lazy River Parkway, a distance of approximately one mile. Modifications to two roadway canal crossings will be necessary to accommodate the new construction. Per our agreement with the City of Port St. Lucie, they will be responsible for maintaining these improvements at the conclusion of our construction. This project has been bid, but the value of the low bid of $562,654 (Attachment A) exceeds the JPA by almost $182,000. Since we have verbal confirmation of a time extension to December 2012 from the grant agency, staff is requesting permission to rebid St. James Drive Pedestrian Walkway Phase II. Also, to reduce the overall cost, it is our intention to use value engineering techniques to reduce the project scope prior to bidding. We have discussed this course of action with the grant agency, and they are acceptable of this change. It is our hope to reduce the total project cost by approximately $100,000. The majority of any savings will be realized through the elimination of a gravity barrier wall and its associated aluminum railing. The necessary grade changes will be addressed through the construction of earthen slopes. Previous Action: May 11, 2010 - Board approval of JPA No. 427660-1-58-01 in the amount of $381,000 for St. James Drive Sidewalk Phase 11. September 24, 2010 - County Administrator executed the First Amendment to JPA No. 427660-1-58-01 correcting the limits of the project. Engineering Division Memorandum November 1, 2011 Item No. VI-D1 Page 2 Recommendation: Board approval to reject bids, modify design to reduce project scope, and authorization for staff to rebid St. James Drive Pedestrian Walkway Phase II. St Lucie County BOCC - Engineering Division ATTACHMENT Tabulation Sheet Project No. Project Name: St. James Drive Sidewalk Phase II - Oxbow Eco Center to Lazy River Pkwy - Tabulation of Bid 11-042 Bid Open Date: 9/14/11 Contract Duration: 120 days Bidder Name: Gibbs & Register, Inc. Bid Item No. Description t Measure Est. Quantity Unit Price Total Price 101-1A MOBILIZATION / DEMOBILIZATION LS 1 $ 53,700.00 $ 53,700 101-1 B GOPHER TORTOISE RELOCATION (UP TO 5) LS 1 $ 5,000.00 $ 5,000 102-1A MAINTENANCE OF TRAFFIC LS 1 $ 10,000.00 $ 10,000 104-2A PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION LS 1 $ 10,000.00 $ 10,000 108-1 CONSTRUCTION LAYOUT/RECORD DRAWINGS LS 1 $ 7,000.00 $ 7,000 110-1-2A CLEARING & GRUBBING (SELECT) LS 1 $ 20,000.00 $ 20,000 120-71 REGULAR EXCAVATION LS 1 $ 40,000.00 $ 40,000 285-715 CEMENTED COQUINA BASE (LBR 100) (14") SY 486 $ 20.00 $ 9,720 327-70-1 MILLING EXISTING ASPHALT PAVEMENT (1" AVG. DEPTH) SY 400 $ 18.00 $ 7,200 334-1-13 SUPERPAVE ASPHALTIC CONCRETE (TYPE 9.5) (TRAFFIC C) TN 55 $ 180.00 $ 9.900 334-1-13A SUPERPAVE ASPHALTIC CONCRETE (TYPE 12.5) (TRAFFIC C) TN 45 $ 155.00 $ 6,975 400-0-11 CLASS INS CONCRETE (GRAVITY WALLS) CY 97 $ 460.00 $ 44,62C 425-1-451 INLETS (CURB) (TYPE J-5) (<10') EA 1 $ 5,000.00 $ 5,OOC 425-1-521 INLETS (DITCH BOTTOM) (TYPE C) (<10') EA 3 $ 2,100.00 $ 6,30C 425-1-523 INLETS (DITCH BOTTOM) (TYPE C) (J-BOTTOM) (<10') EA 4 $ 5,000.00 $ 20,OOC 425-1-524 INLETS (DITCH BOTTOM) (TYPE C) (J-BOTTOM) (>10') EA 2 $ 8,800.00 $ 17,60C 425-2-41 MANHOLES (P-7) (<10') EA 1 $ 4,500.00 $ 4,50C 425-5-1 MANHOLES -ADJUST EA 4 $ 500.00 $ 2,OOC 425-6 VALVEBOX- ADJUST EA 8 $ 200.00 $ 1,60C 430-174-118 PIPE CULVERT (OPTIONAL MATERIAL) (ROUND) (18" SD) LF 137 $ 42.00 $ 5.754 430-174-215 PIPE CULVERT (OPTIONAL MATERIAL) (OTHER) (12"X18" SD) LF 132 $ 44.00 $ 5,808 430-984-623 MITERED END SECTION (OPTIONAL) (OTHER) (12"X18" SO) EA 6 $ 700.00 $ 4,20C 515-2-302 PEDESTRIAN/BICYCLE RAILING (ALUMINUM) (54" PICKET RAIL) LF 1,215 $ 38.00 $ 46,17C 515-2-302A PEDESTRIAN/BICYCLE RAILING (ALUMINUM) (54" PICKET RAIL) (W/ THICKENED EDGE) LF 180 $ 38.00 $ 6,840 520-1-10 CONCRETE CURB & GUTTER TYPE F LF 615 $ 17.00 $ 10,45E 520-24 CONCRETE CURB & GUTTER TYPED LF 449 $ 14.00 $ 6,28E 522-1 CONCRETE SIDEWALK 4" THICK SY 3,600 $ 26.00 $ 93,60( 522-2 CONCRETE SIDEWALK (6" THICK) SY 1,100 $ 40.00 $ 44,00( 530-3-3A RIPRAP, RUBBLE (F&I) (#57 STONE) CY 21 $ 57.00 $ 1,19-0 530-3-4 RIPRAP, RUBBLE (F&I) (DITCH LINING) TN 17 $ 65.00 $ 1,10', 530-78 RIPRAP, ARTICULATED BLOCK (ARMORFLEX CLASS 45S MAT) (F&I) SY 170 $ 104.00 $ 17,68( 550-10-110 FENCING, TYPE A MODIFIED WITH TIMBER POST LF 190 $ 10.00 $ 1,90( 570-1-2 PERFORMANCE TURF (SOD) (BAHIA) LS 1 $ 22,000.00 $ 22,00( 580-1-21A EXISTING TREE RELOCATION EA 24 $ 200.00 $ 4,80( 580-1-21B LANDSCAPE (REMOVAL) LS 1 $ 1,500.00 $ 1,50( 700-20-11 SINGLE POST SIGN (F&I) (LESS THAN 12SF) EA 2 $ 285.00 $ 57( 700-20-40 SINGLE POST SIGN (RELOCATE) EA 2 $ 90.00 $ 18( 706-3 RETRO REFLECTIVE PAVEMENT MARKERS EA 30 $ 4.00 $ 12( 711-11-121 THERMOPLASTIC (STANDARD) (WHITE) (SOLID) (6") LF 643 $ 1.00 $ 64: 711-11-123 THERMOPLASTIC (STANDARD) (WHITE) (SOLID) (12") LF 408 $ 2.75 $ 1,12( 711-11-125 THERMOPLASTIC (STANDARD) (WHITE) (SOLID) (24") LF 421 $ 5.00 $ 2,10! 711-11-131 THERMOPLASTIC (STANDARD) (WHITE) (SKIP 10'-30') (6") LF 280 $ 1.00 $ 28( 711-11-151 GUIDELINES (THERMOPLASTIC) (WHITE) (6") LF 170 $ 1.00 $ 17( 711-11-170 THERMOPLASTIC (STANDARD) (WHITE) (ARROW) EA 2 $ 72.00 $ 14, 711-11-221 THERMOPLASTIC (STANDARD) (YELLOW) (SOLID) (6") LF 260 $ 1.00 $ 261 711-17A THERMOPLASTIC (REMOVAL) LS 1 $ 2,150.00 $ 2,151 999-01 UTILITY COORDINATION LS 1 $ 500.00 $ 501 ESTIMATED BASE BID AMOUNT $ 562,65, 999-99 Construction Contingency Allowance (10 % of base bid) T $ 56,26 TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities and 10% Contingency) $ 618,91. %Difference of Low Bid 0 Underwater Engineering Services, Inc. contained a math error within their base bid. The error was encountered in the total of Bid Item 522-2. Utilizing the unit AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-D2 DATE: 11/1/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Donald Paulev Q, SUBMITTED BY: Public Works, Road & Bridge Division Road & Bridge —arWger SUBJECT: Bid No. 11-041, Street Resurfacing BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316001-41132-546200-42003 Maintenance Improvements - Resurfacing PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 11-041, Street Resurfacing, to the lowest responsive qualified bidder, Dickerson Florida, Incorporated of Fort Pierce and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney (X)- CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel S. Mclntrye Originating Dept. X Donald Pauley Public Works (X )V*S# Mari'6 Gouin (X) Ion West Public Works Department Road & Bridge Division MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Director _NVA f E FROM: Donald Pauley, Road &Bridge Manager DATE: November 1, 2011 SUBJECT: Bid No. 11-041, Street Resurfacing ITEM NO. VI-D2 Background: On September 14, 2011, submittals to Bid No. 11-041, Street Resurfacing, were opened. Eight submittals were received; 273 companies were notified and 28 documents were distributed. Staff recommends awarding to the lowest responsive, qualified bidder, Dickerson Florida, Incorporated. Bid No. 11-041 was bid in accordance with Local Preference Ordinance No 09-005. The purpose of this bid is for the preparation and resurfacing of various county roads, traffic striping, pavement messages, final cleanup, associated appurtenances and other related work for the Road and Bridge Division. Recommendation: Board approval to award Bid No. 11-041, Street Resurfacing, to the lowest responsive qualified bidder, Dickerson Florida, Incorporated of Fort Pierce and authorization for the Chairman to sign the contract as approved by the County Attorney. ci Z Z Z � W a� s� a 0. p N d' W z 0 N N O U 0 v 3ZN N Z Z U p, n h W a0 V O tN- O N 0] N h M O M O1 N 00 .- O O N (OD N V V O �• O N U J y a+ ' M M N N h N di iN9 N �»iN m O N w N 0) 69 M 0 N O zw r 0 v N � a N LL Z O OO h N M [O r N 0) 00 O O O O O O O O M Z i Z O 0 0 0(9 O U_ u Niw 9 vi w O w /9 e9 N w V O v� 64 O N O W O � O 69 O �M O (o c0 m 19 ui a a LL LL Z 0 U' J U LL p U 'C O M M Of aOD M O O N O O M N N W O N q Z K Z y N a N O M M 0 0 ONi 0 r 64 64 N V C O `�' O M O N N W N N M O 2' 19 19 w 6% M 0 VA 64 m Z O a U LL LL M U rn 0 it :J O? m U F' W N U D. 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O O O O O O (OO w N U n « j m h W O 19 O (A O 19 O 19 O l9 'M M 19 V N3 O f9 O 19 O 19 O f9 O 19 O Vi a0 LL o 'a LL LL ul O C C i; LL LL LL LL. LcLL LL �; 4 Q W Q Q W Q Q W Q 2 j F- F- 0 J J J J J J J J LLl W W W LLl Z lai I o [r a 0 t 7 o w O a c UI o UJ� o in r �Wza�o�. U' } O E 0 0 0 Q? O N U 0 W e- w E c c€ E y 0 0 ar v 0 a mLd a a A m N m y.... F„ a L f• f N N N o W t s y o a w a> =3f (0 oa a 'Sia 4¢ ra in v v n v v a a a aE a s 0 th � a :� 'o 'a a ,a_ 'o o f9 m 7a 'u m m m m n D n a �_ "i M ((, :+c M o yr 0 v1 u a n n a a 'u a a n 'u n u n 6 i0 .N- N ip ip .N- N 0.' N N M M N N fn m N F r r ATTACHMENT 1 9 a 0 0 0 mQ.0 E E E z'z'z AGENDA REQUEST ITEM NO. VI - E DATE: 11 /1 /11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long, Director'w SUBMITTED BY: St. Lucie County Sheriffs Office, Department of Finance & Technology SUBJECT: Permission to accept the 2011 Bulletproof Vest Partnership Grant. BACKGROUND: The U.S. Department of Justice/Office of Justice Programs has awarded the St. Lucie County Sheriffs Office the 2011 Bulletproof Vest Partnership (BVP) Grant. Upon acceptance, this grant in the amount of $6,915.22 will provide a critical resource to the Sheriffs Office by covering 50% of the cost of bulletproof vests ordered or purchased between April 1, 2011 — September 30, 2013. Vests are ordered as needed. The 50% match requirement is included in the Sheriffs budget. FUNDS AVAILABLE: 107174-2110-331233-200 Dept. of Justice PREVIOUS ACTION: June 7, 2011 — BOCC approved permission to apply. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution No. 11-167 and authorize the acceptance of the 2011 Bulletproof Vest Partnership Grant. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( )/ OMB Director ( ) Budget Analyst Dan McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriff's , e, Administration DATE: Tuesday, November 1, 2011 SUBJECT: Permission to accept the 2011 Bulletproof Vest Partnership Grant. ITEM NO. VI- E Background: The U.S. Department of Justice/Office of Justice Programs has awarded the St. Lucie County Sheriff's Office the 2011 Bulletproof Vest Partnership (BVP) Grant. Upon acceptance, this grant in the amount of $6,915.22 will provide a critical resource to the Sheriffs Office by covering 50% of the cost of bulletproof vests ordered or purchased between April 1, 2011 = September 30, 2013. Vests are ordered as needed. The 50% match requirement is included in the Sheriff's budget. Recommendation Staff recommends that the Board of County Commissioners approve Budget Resolution No. 11-167 and authorize the acceptance of the 2011 Bulletproof Vest Partnership Grant. i RESOLUTION NO. 11-167 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 ofadoption of the budget have become available in the form of a grant from the Department of Justice.in the amount of $6,916. 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 St. Lucie County, Florida, in meeting assembled this 1st day of November, 2011, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the County's budget is hereby amended as follows: REVENUE 107174-2110-331233-200 Department of Justice $6,916 APPROPRIATIONS 107174-2110-591900-200 Transfer to Sheriff $6,916 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 1ST DAY OF NOVEMBER 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Charmayne Davis From: owner-bvp-list@ojp.usdoj.gov on behalf of BVP <bvp@usdoj.gov> Sent: Thursday, October 13, 2011 7:18 PM To: BVP Subject: Bulletproof Vest Partnership FY 2011 Award Announcement The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the Fiscal Year (FY) 2011 Bulletproof Vest Partnership (BVP) solicitation. These funds have been posted to your account in the BVP system. For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at vestsC@usdoi.gov or 1-877-758-3787. A complete list of FY 2011 BVP awards is available at: http://www.oip.usdoi.gov/bvpbasi/ The FY 2011 award funds may be used for National Institute of Justice (NIJ) compliant armored vests which were ordered on or after April 1, 2011. The deadline to request payments from the FY 2011 award funds is August 31, 2013, or until all available_ 2011 awards funds have been requested. Please see the following websites for a list of NIJ compliant vests: Ballistic Vests: http://nii.gov/nii/topics/technology/body-armor/compliant-ballistic-armor.htm Stab Resistant Vests: http://nii.gov/nii/topics/technology/body-armor/compliant-stab-armor.htm As a reminder, all jurisdictions that applied for FY 2011 BVP funding certified during the application process that a mandatory wear policy was in place for their jurisdiction. BJA will be conducting reviews of the mandatory wear policies as funds are requested from the BVP system. For more information on the BVP mandatory wear policy, please see the FAQs here: http://www.bip.usdoo.gov/bvpbasi/docs/FAQsBVPMandatoryWearPolicy.pdf Thank You. BVP Program Support Team w doll �Bvlk{p/aoF Vesl- Granf- FL OPA LOCKA $ 7,875.00 25 FL PALATKA CITY $ 4,500.00 12 FL PALM BAY CITY $ 12,504.22 39 FL PALM BEACH COUNTY $ 14,266.95 318 FL PALM BEACH GARDENS CITY $ 16,366.00 49 PALM BEACH SHORES TOWN $ 605.00 2 FL PALM BEACH TOWN $ 1,755.25 10 FFLFL FL PALM SPRINGS VILLAGE $ 5,579.41 13 PALMETTO CITY $ 3,000.00 15 FL PANAMA CITY $ 10,432.00 32 FL PARKER CITY $ 2,636.00 8 FL PASCO COUNTY $ 18,063.07 349 FL PENSACOLA CITY $ 5,600.00 14 FL PINECREST VILLAGE $ 3,283.50 11 FL PINELLAS.PARK CITY $ 6,174.35 19 FL PLANTATION CITY $ 22,745.28 86 FL POLK COUNTY $ 5,327.32 138 FL PORT ORANGE CITY $ 1,996.00. 8 FL PORT ST LUCIE CITY $ 2,221.33 42 FL SANTA ROSA COUNTY $ 710.67 20, FL SARASOTA CITY $ 7,820.25 30 FL SEBASTIAN CITY $ 3,849.96 12 FL SEBRING CITY $ 917.08 8 FL SEWALLS POINT TOWN $ 173.00 1 FL ISOUTH DAYTONA CITY $ 3,816.00 12 FL SOUTH MIAMI CITY $ 9,962.50 35 FL SOUTH PALM BEACH TOWN $ 556.69 2 FL SPRINGFIELD CITY $ 3,029.40 11 FL STAUGUSTINE BEACH CITY $ 1,326.00 5 FL STAUGUSTINECITY $ 3,651.38 13 FL ST CLOUD CITY $ 5,556.68 15 FL ST JOHNS COUNTY 5 40 ST LUCIE COUNTY .22 140 FL ST. PETE BEACH CITY $ 1,020.00 FL STUART CITY $ 8,470.00 28 FL SUNRISE CITY $ 9,540.00 24 FL SWEETWATER CITY $ 3,275.00 20 FL TARPON SPRINGS CITY $ 826.20 3 FL TITUSVILLE CITY $ 7,613.00 23 FL UMATILLA CITY $ 907.50 3 FL VOLUSIA COUNTY $ 3,089.93 83 FL IWAKULLA COUNTY $ 5,937.50 25 FLWAUCHULA COUNTY $ 19,395.18 63 FL CITY $ 1,123.50 4 EWALTON FL WEST MELBOURNE CITY $ 2,227.25 8 FL WEST PALM BEACH CITY $ 43,160.00 97 FL IWILTON MANORS CITY $ 627.50 2 I 4:1 4P 4— W W- K) N) M W t- I -A W W M J.- jl— W fkj FA _0 > r— p -o 7o 7o z -o q n U3 0 10 m w fD aj fD CU C: cr fD W =F 0 m < En rr fD LM = - fT) C: co 77 00 3 FD w > 0 > n w W aj rr =) ru z f-r (D m 0 co ITI ,1 0 :3 Ln rt rr -0 0 I'D > 0 w w YJI -n 3 0 0 fD a 0 ul 14 0 M In cn cn I=, 'o- rr 0 -i w (D n 01 Dj m 0 :3 -1 3 ro a rr O En (n 01 to Ul 'I OD in Jill - - --- ------------ Lo I'D pr LO rt 0.1 rt C: to v ar rt TS D X 7T rt 0 t ITEM NO. VI-F DATE: 11/1/11 AGENDA REQUEST REGULAR ( } PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Wayne Teegardin SUBMITTED BY: Human Resources Department Employee Relations and Safety Manager. SUBJECT: Compensation for Active Military Duty BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds for military leave benefits exist in the various department salary/benefit budgets. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to extend military leave benefits as delineated in Section 3.17 of the St. Lucie County Employee Handbook until September 30, 2012. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney ( ) Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel Mclntryre Originating Dept. Wi ' m Hoeffner ERD ( ) .V W0 Marie Gouin (Name) HUMAN RESOURCES MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Human Resources Director GPI Gf�Gf FROM: Wayne Teegardin, Employee Relations and Safety Manager r DATE: November 1, 2011 SUBJECT: Compensation. for Active Military Duty ITEM NO. VI-F Background: On October 23, 2001, the Board of County Commissioners approved compensation for staff called for active military duty based on a resolution passed by the Governor and the Florida Cabinet on September 25, 2001 (Attachment A). At that time, the agenda item stated that due to the uncertainty of the conflict, this policy will be reviewed on an annual basis. The County's Military Leave Policy, as approved on October 23, 2001, is delineated in Section 3.17 of the County Employee Handbook (Attachment B). Approval of this agenda item will extend policies delineated in Section 3.17 of the County Handbook until September 30, 2012. Since inception, four (4) County employees have deployed for active duty, of those, two (2) have been deployed once, one (.1) has been deployed twice and one (1) has been continuously deployed since 9-11-01. Previous Action: October 18, 2005 — BOCC approval of compensation for active duty employees for FY 05-06 October 24, 2006 — BOCC approval of compensation for active duty employees for FY 06-07 January 22, 2008 — BOCC approval of compensation for active duty employees for FY 07-08 September 23, 2008 — BOCC approval of compensation for active duty employees for FY 08-09 September 22, 2009 — BOCC approval of compensation for active duty employees for FY 09-10 September 14 2010 - BOCC approval of compensation for active duty employees for FY 10-11 Recommendation: Board authorization to extend military leave benefits as delineated in Section 3,17 of the St. Lucie County Employee Handbook until Septemebr 30, 2012. RESOLUTION an WHEREAS, the United States of America was founded on the principles of liberty, freedom justice for all; and WHEREAS, throughout history, American soldiers have been called upon to defend these principles both at home and throughout the world; and WHEREAS, on September 11, 2001 the United States was subject to acts of war perpetuated against civilians by terrorists; and WHEREAS, in response to these acts of terror, the President of the United States has called upon reserves of the Armed Forces of the United States and members of the National Guard to protect America's citizens and her freedoms; and WHEREAS, many of these American soldiers called to duty to defend our liberties are full-time state employees whose civilian pay exceeds their military compensation; and WHEREAS, the families of these soldiers, defending liberties enjoyed by all, may now be facing undue financial hardship in addition to the pain of separation; and WHEREAS, the Florida Legislature has provided in sections 115.09 and 115.14, Florida Statutes, that all officials and employees of the state, counties and municipalities or political subdivisions of the state, may receive full civilian pay in addition to their military pay for the first 30 days of their to raise their military pay to the level of their active duty, and may thereafter receive the pay necessary civilian pay and continue their existing benefits. NOW, THEREFORE, BE IT RESOLVED that the Governor and Cabinet of the State of Florida do hereby direct all agencies under their jurisdiction to implement the provisions of Florida's Military Service Compensation Law for all employees called to active duty as a result of these terrorist acts. The Governor and Cabinet of the State of Florida strongly encourage the counties, municipalities and political subdivisions of the state to likewise implement the provisions of the reservist compensation law for their employees. The Governor and Cabinet of the State of Florida encourage private employers, to the extent they are able, to take similar actions to make whole those people called to active duty as a result of this terrorist attack. Additionally, all agencies under the Governor and the Cabinet of the State of Florida's jurisdiction are directed to consider additional actions that may be warranted. IN TESTIMONY WHEREOF, the Governor and Cabinet of the State of Florida have hereunto subscribed their names and have caused the official seal of the State of Florida to be hereunto affixed in the City of Tallahassee this 25d' day of September 2001. Attachment A 3.17 MILITARY LEAVE Employees who are members of the Florida National Guard or other military _ _ _._----- ____ reserve units who are duly ordered by their commanding officer to engage in active duty, field exercises, or other training shall be entitled to a leave of absence from their respective duties for up to a maximum of seventeen (17) days. Said employees shall be entitled to the full pay and benefits they would have otherwise earned during said leaves of absence. If the leave exceeds seventeen (17) days, it will be without pay. Upon the termination of such service, or upon their honorable discharge, they shall have the right to return to their position or a comparable position in the County service, provided such position still exists and they are otherwise qualified, without suffering any loss of standing or seniority of any kind whatsoever. Federal and State regulations may supersede the above. Employees are advised to consult the Human Resources Department for any new regulations and for information concerning health and life insurance continuance while on military leave. The County will comply with the Uniformed Services Employment and Re- employment Rights Act of 1995 (USERRA). A copy is on file in the Human Resources Department. An employee drafted or ordered to active duty in connection with reserve activities other than short-term training, as outlined in the first paragraph above shall, upon presentation of a copy of his/her official orders, be granted to a leave without pay extending ninety (90) calendar days beyond the date of separation from the military services. All unused leave benefits shall be retained by the employee who shall have the same credited to his/her records if applying for reinstatement. During such leaves of absence the employee shall. be entitled to preserve all rights established by the County Employee Handbook. . Upon separation from military service, the employee must request reinstatement within the ninety (90) calendar day period immediately following separation. The County may require the employee to undergo a medical examination and drug test to determine fitness to perform the duties of the position to which he/she may be returning. If the employee volunteers for an additional tour of military duty, he/she forfeits reinstatement rights. Attachment B Per Florida Statute 115.14,"... All employees of the state, the several counties of the state, and the municipalities or political subdivisions of the state shall be granted leave of absence under the terms of this law; upon such leave of absenca being granted -said-employee shall enjoy the same righfs and-pnvi eges as are hereby granted to officials under this law, insofar as may be, including, without limitation, receiving full pay for the first 30 days. Notwithstanding the provisions of s. 115.09, the employing authority may supplement the military pay of its officials and employees who are reservists called to active military service after the first 30 days in an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The employing authority shall continue to provide all health insurance and other existing benefits to such officials and employees as required by the Uniformed Services Employment and Reemployment Rights Act, Chapter 43 of Title 38 U.S.C." Attachment B ITEM NO. VI-G AGENDA REQUEST DATE: 11/1/11 REGULAR ( 1 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Middlebrook/'&-/�-- SUBMITTED BY: Environmental Resources Department Restoration Biologist SUBJECT: Gopher Tortoise Habitat Improvement Funding Assistance BACKGROUND: See attached memorandum and maps. FUNDS AVAILABLE:• 001-3920-534000-310035 Other Contractual Services (pending BOCC approval) 001-3920-534000-31017 Other Contractual Services (pending BOCC approval) PREVIOUS ACTION: December 7, 2010 - BOCC approval of the Indrio Savannahs purchase order agreement. No previous action taken for Sheraton Scrub. RECOMMENDATION: Board authorization to accept a reimbursement agreement in the amount of $13,000 from the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise habitat at Indrio Savannahs and Sheraton Scrub Preserves and to approve Budget Resolution No. 11-165. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures Count Attorne y y ( X) OMB Director Dan McIntyre Budget Analyst ERD. ( X) ` Finance Director Karen L. Smith Marie Gouin/ Robert O'Sullivan (x) — 6;& -,-;�;7� Shai rancis Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith Environmental Resources Department Director Amy Griffin, Environmental Regulations and Lands Manager* FROM: Mike Middlebrook, Restoration Biologist 1�-4- DATE: November 1, 2011 SUBJECT: Gopher Tortoise Habitat Improvement Funding Assistance ITEM NO. VI-G Background: The Florida Fish and Wildlife Conservation Commission (FFWCC) offers competitive funding assistance to local governments annually to aid recovery of the threatened gopher tortoise. This agenda item is a request for Board authorization to accept a reimbursement agreement from FFWCC in the amount of $13,000 to improve gopher tortoise habitat at Indrio Savannahs and Sheraton. Scrub Preserves. These funds will be held in Account No. 001-3920-534000-310035 Indrio Savannahs (Other Contractual Services) and Account No. 001-3920-534000-31017 Sheraton Scrub (Other Contractual Services). Funds will be utilized to contract out the reduction of overgrown vegetation (wildfire fuel), enhance perimeter firebreaks, improve habitat and protect adjacent homes from wildfire. This work will also prepare the site for prescribed fire which is a safe way to apply a natural process, ensure ecosystem health and reduce wildfire risk. Prescribed fire on County lands is carried out by the Environmental Resources staff in partnership with the Florida Forest Service (formerly known as the Florida Division of Forestry). FFWCC will reimburse St. Lucie County upon completion of the projects and does not require matching funds. Recommendation: Board authorization to accept a reimbursement agreement in the amount of $13,000 from the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise habitat at Indrio Savannahs and Sheraton Scrub Preserves and to approve Budget Resolution No. 11-165. . n� � \ k .... ,.;� COUNTY»% TL0RIDA- 2<+2` 1r81,� M+ + p. $cn Legend 4v Q Property Boundary "In5tall Firebreak 3. 1 G Acres 3' Six!a to .", ���}��'fas .'K`r>'"�"x`,, 4 i t i' f s5.kkk' mo WNk �,' �4`�.'rt �i�°'e!C`7 i"t°�. :'4v��, •���C� 7kk�3' Gc �', r+h" ` t•'P' ,��d '.��:-;, A } �.,,w'�+�� ':;t•�t�, 3 h,h '�'E'i r" gy�4 it,� i� i��� 4". �" . ��aw ��9ii' � '+ L Juanita Ave 3 � :1r � hs� 6 � f �}�` xt F•tr # � g..y-.d r. +t t "•,. f. , i y $�� ¢}n'�t �,� ^cs r✓St `�7^ r>t y t fir'. �f.r -� a4 F6 axe � ,��,��• �:. .x ����� s � „����Sh_eraton Scrub Preserve 66 Acres G a ��ia:.y' - -r.Ak� s• '9w .. . + Ufa^ute*:_ .n�^Y:=, ns' .a y. :c.� .r vrn ., .. .. .. : AWN 1 Ey Yr.rA• �`"3es yi�C d�. �rr� 's R.'rwt SffP .;ei" 5 a9�: uu.�' ' ,f �. d�a 'V 'Fi "�., y t- a a ."� �"s� A ' „ '�y j'` `yxa#.7 ' s ";q Lysi.R 4 Attachment 8 Sheraton Scrub Preserve _; _ 201 2 Gopher Tortoise habitat Improvement s 0 345 690 1.380 Feet NO TN RESOLUTION NO. 11-165 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 become available in the form of a purchase order from the Florida Fish & Wildlife Commission in the amount of $6,000 for Sheraton Scrub Preserve and $7,000 for Indrio Savannahs Preserve. 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 St. Lucie County, Florida, in meeting assembled this 1st day of November, 2011, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the County's budget is hereby amended as follows: REVENUE 001-3920-369930-31017 Reimbursements $6,000 001-3920-369930-310035 Reimbursements $7,000 APPROPRIATIONS 001-3920-534000-31017 Other Contractual Services $6,000 001-3920-534000-310035 Other Contractual Services $7,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 1ST DAY OF NOVEMBER 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-H' DATE: 11/1/2011 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY: Community Services/Housing Division Housing Manager SUBJECT: Small Cities Community Development Block Grant (CDBG) Grant BACKGROUND: The Department of Economic Opportunity (DEO), formally known as the Department of Community Affairs (DCA) administers Florida's Small Cities Community Development Block Grant Program. FUNDS AVAILABLE: 001509-5420-534000-500 CDBG Small Cities PREVIOUS ACTION: May 19, 2009 — Grant award approved April 20, 2011 - Modification Number one approved RECOMMENDATION: Board approval of Budget Resolution 11-168 and authorization for the Chairman to sign the resolution as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( )� OMB Director ( ) ij<M Budget Analys Daniel S. McIntyre Marie Gouin Sophia Holt �`� ��'' Originating Dept. ( ) ERD ( ) Beth Ryder Community Services MEMORANDUM TO: Board of County Commission s THROUGH: Beth Ryder, Director FROM: Diana Wesloski, Housing Manager DATE: 11/1/2011 SUBJECT: Small Cities Community Development Block Grant (CDBG) Grant ITEM NO. Vl-H1 Background; The Department of Economic Opportunity (DEO), formally known as the Department of Community Affairs (DCA) administers Florida's Small Cities Community Development Block Grant Program, Modification number one was to extend the contract date through December 30, 2011 in order to expend all funds. This budget resolution is necessary to continue to expend funds for the Small Cities CDBG Grant for fiscal year 2012. Recommendation Board approval of Budget Resolution 11-168 and authorization for the Chairman to sign the resolution as approved by the County Attorney. RESOLUTION NO. 11-168 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 become available from the DHHS via the Department.of Community Affairs, in the amount of $23,045. 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 St. Lucie County, Florida, Jn meeting. assembled this 1st day of November, 2011, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the County's budget is hereby amended as follows: REVENUE 001509-5420-331691-500 Dept. of Health & Human Services $23,045 APPROPRIATIONS 001509-5420-549605-500 Domestic Subsidy $23,045 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 1ST DAY OF NOVEMBER 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to. call home" RICK SCOTT BILLY BUZZETT Goremor - � MAY 1 6.2011 Secretary ReceNed by MAY 18 2011) The Honorable Chris Craft St. Lucie county Chairman, St. Lucie County Board of County Commissioners community services 2300 Virginia Avenue Fort Pierce, Florida 34950 RE: Florida Small Cities CDBG Agreement #09DB-4N- 10-66-0 1 -H25 Modification #1—Approved Dear Chairman Craft: We have reviewed your letter requesting a six-month time extension and approval of revised Work Plans. The review indicates that the requested changes are necessary and are approved. This approval extends the grant period through December 30, 2011. As you are aware, this Agreement was originally executed on June 30, 2009, and I must strongly emphasize the need for the County to act promptly to complete this project within the new time frame. Enclosed is a copy of the formal signed modification and revised Work Plans. Please keep these documents with your copy of the approved Agreement; If you have questions regarding this modification, please call Ms. Susan Fleming at (850) 922-1893 or e-mail her at susan.fleming@dca.state. fl.us. Sincerely, a#N,e'ghbc DupreeP, Community Program Manager tCities CDBG, Disaster Recovery arhood Stabilization Programs JD/swf cc: Ms. Beth Ryder, Director, St. Lucie County Community Services Director Ms. Diane E. Wesloski, Housing Manager, St. Lucie County 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399.2100 850.488-8466 (p) 850-921.0781 (f) Website: www.dca.state. fl.u.s COMMUNITY PLANNING 850,488.2356 (p) 850488-3309 (4 FLORIDA COMMUNITIES TRUST 850-912.2107 (p) 850.911.1747 (Q HOUSING AND COMMUNITY DEVELOPMENT 850-188-7956 (p) 850-922.5623 (0 , Department of Community Affairs — Small Cities Community Development Block Grant Program Modification to Subgrant Agreement 3/1/2011 MODIFICATION NUMBER 1 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND ST. LUCIE COUNTY This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ("the Department"), and St.Lucie County, ("the Recipient"), to modify DCA Contract Number 09DB-4N- 10-66-01 -H25, award dated June 30, 2009 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $750,000 to Recipient under the Small Cities Community Development Block Grant ("CDBG") Program as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement;. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 2 Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ®,Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of December 30, 2011. ® Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. [] Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. Department of Community Affairs — Small Cities Community Development Block Grant Program Modification to Subgrant Agreement 3,1i2011 Modification Number: 1 DCA Contract Number: 04DB-4N-10-66-01-H25 Recipient: St. Lucie County Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget and Scope of Work section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. ❑ Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. 7. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and/or Beneficiaries S. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. ❑ Other: (Type in the reason for the modification.) All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. Department of Community Affairs — Small Cities Community Development Block Grant Program Modification to Subgrant Agreement 311/2011 Modification Number: 1 DCA Contract Number: 09DB-4N-10-66-01-H25 Recipient: St. Lucie County Page 3 IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Community Affairs Recipient: St. Lucie County, Florida. By: 1424,1 &J�-By: 01 Name: Ken Reecy Name: Lee Ann Lowery Title: Director, Division of Housing Title: Assistant County Administrator and Community Development Date: S tl - (( Date: `t I faa t NO 0 C .r O 5 it O a 0 0 U H W W U' ~ Q � U m Z ga. W W W n to OC Q w wp on. 43.1 LL �' aW 0 �a 7 O U U cL°n LL d p a z W +' N m � o Q IL W 0 'a :a v lot)�j 0 00 0 0 0 ci cinugIS 0u)o(" o O 0 O LO 0 O 0 O LC) co O cn 0 0..- — o d? 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V11"A DATE: November 1, 2011 REGULAR [] PUBLIC HEARING [XX] CONSENT [] PRESENTED BY: Daniel S. McIntyre County Attorney Ordinance No. 11-025 Relating to Secondary Metals Recyclers See attached memorandum Staff recommends that the Board adopt Ordinance No.11-025 and authorize the Chairman to sign the Ordinance. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • R I • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 11-1333 DATE: October 6, 2011 SUBJECT: Ordinance No. 11-025 Relating to Secondary Metals Recyclers BACKGROUND: The St. Lucie County Sheriff's Office has requested that the County consider further regulating the secondary metals recycling industry. According to the Sheriff s Office, scrap metal dealers are required to gather identification and description of scrap metals, however, they are not required to report to law enforcement as are pawn shops and second hand dealers. Several local governments, including Hillsborough County and Orange County, have adopted ordinances regulating secondary metals recyclers. On December 8, 2009, the Florida Attorney General issued an opinion (AGO 2009-55, copy attached) to the effect that local governments may adopt more restrictive local regulations for secondary metals recyclers than those set forth in Part 1, Chapter 538, Florida Statutes. Attached to the memorandum is a copy of draft Ordinance No. 11-025 which, if adopted, would provide for some of the following requirements: elective reporting to law enforcement proof of ownership/origin of certain items requiring either electronic deposit payments and/or payment by check in the mail within 3 days to the address on the identification provided The ordinance was drafted using the Orange County ordinance as a model. Permission to advertise was granted on October4, 2011 and notice of this public hearing was published in the Tribune on October 17, 2011. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No.11-025 and authorize the Chairman to sign the Ordinance. Respe ully submitted, Daniel S. McIntyre County Attorney DSM/caf Attachment Advisory Legal Opinion - Secondary metals cyclers, regulation by county Page 1 of 5 Florida Attorney General Advisory Legal Opinion Number: AGO 2009-55 Date: December 8, 2009 Subject: Secondary metals cyclers, regulation by county Ms. Renee Francis Lee County Attorney Hillsborough County, Florida Post Office Box 1110 Tampa, Florida 33601 RE: COUNTIES - SECONDARY METALS RECYCLERS - ORDINANCES - PREEMPTION - SHERIFF - preemption of field of regulation of secondary metals recyclers to state. s. 538.17, Fla. Stat.; Part II, Ch. 538, Fla. Stat. Dear Ms. Lee: On behalf of the Board of County Commissioners and the Hillsborough County Sheriff's Office, you have asked for my opinion on substantially the following question: Is Hillsborough County authorized to enact an ordinance imposing additional restrictions on secondary metals recyclers who are currently regulated under Part II, Chapter 538, Florida Statutes, or do those statutory provisions preempt this area of regulation to the state? In sum: Hillsborough County is authorized by section 538.17, Florida Statutes, to adopt more restrictive local regulations for secondary metals recyclers than those set forth in Part II, Chapter 536, Florida Statutes. According to your letter and that submitted on behalf of the Sheriff Of Hillsborough County, there is a question whether the provisions of Part II, Chapter 538, Florida Statutes, preempt local regulation of secondary metals recyclers. The type of local regulation being considered would mandate that secondary metals recyclers located within Hillsborough County maintain that data required by section 538.19, Florida Statutes, in a uniform electronic format. While this office does not comment on the specific terms of local legislation, http://www.myfloridalegal.com/ago.nsf/printview/61 DEAOC37F6B2AFF85257686007456... 9/22/2011 Advisory Legal Opinion Secondary metals cyclers, regulation by county Page 2 of 5 the issue of preemption is a constitutional and statutory one and my general comments addressing preemption follow. Hillsborough County operates under a constitutional home rule charter as provided in section 24, Article Vill of the Florida Constitution of 1965.[1] Section 1(g), Article VIll, Florida Constitution, provides: "Charter government. Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law.,, Thus, charter counties have a direct constitutional grant of broad powers of self-government, which include the power of county citizens to enable their county to enact regulations of county -wide effect. HowevOr, while charter counties possess extensive powers of self-government, legislation by such counties may not be inconsistent with provisions of general law.[2] In Jordan Chapel Freew122 Baptist Church v. Dade County,[3] the court discussed whether a Dade County ordinance conflicted with state law. According to the court: "Legislative provisions are inconsistent if, in order to comply with one provision, a violation of the other is required . . . . [T]he sole test of conflict for purposes of preemption is the inposeibility of co -existence of the two laws. Courts are therefore concerned with whether compliance with a County ordinance requires a violation of a state statute or renders compliance with a state statute impossible."[4] (emphasis in original) In Campbe22 v. Monroe County,[5] the district court of appeal struck down a county ordinance as conflicting with state statutes adopted to prohibit discrimination against manufactured housing. While the court recognized that a Florida county is authorized to enforce zoning requirements which primarily regulate aesthetic appearances within residential areas, the court found the local ordinance violative of a state statute requiring that such regulations be enforced "without any distinction as to whether such building is a conventionally constructed or manufactured building[.]"[6] The court noted: "An ordinance must not conflict with any controlling provisions of a state statute and if any doubt exists, doubt is to be resolved against the ordinance in favor of the statute."[7] Thus, while counties have broad powers of self-government, they may not adopt local legislation which conflicts with state law or on a subject which has been preempted to state regulation. http://www.myfloridalegal.com/ago.nsf/printview/61 DEAOC37F6B2AFF85257686007456... 9/22/2011 Advisory Legal Opinion - Secondary metals cyclers, regulation by county Page 3 of 5 Nothing in Chapter 538, Florida Statutes, indicates that the Legislature intended to preempt the field of regulation of secondary metals recyclers.[8] Rather, section 538.17, Florida Statutes, specifically provides: "Nothing in this chapter shall preclude political subdivisions of the state and municipalities from enacting laws more restrictive than the provisions of this chapter." While this language appears in Part I, Chapter 538, Florida Statutes, dealing with secondhand dealers, the language of the section relates to "this chapter." Part II of Chapter 538, Florida Statutes, regulates secondary metals recyclers specifically, but again, the language used by the Legislature clearly contemplates local regulation of all topics controlled by Chapter 538, Florida Statutes. This conclusion is supported by the legislative history surrounding the enactment of Chapter 89-533, Laws of Florida, which created Chapter 538. The Final Staff Analysis and Economic Impact Statement for Senate Bill 16-B which became Chapter 538, Florida Statutes (1989), notes that "[t]he bill would not prohibit local regulation of second-hand dealers or secondary metal recyclers."[9] (a.m.) The cardinal rule of statutory construction is that a statute should be construed so as to ascertain and give effect to the intention of the Legislature as expressed in the statute. Resort is first had to the language of the statute itself; however, when the language itself is unclear, the legislative history may be consulted for the purpose of determining the legislative intent.[lo] The Legislature did not intend by enacting Part II, Chapter 538, Florida Statutes, or by placing section 538.17, Florida Statutes, in the first section of that chapter, to preempt the field of local regulation of secondary metals recyclers. Rather, the authority of local governments to regulate in this area was the expressed intention of the Legislature. In sum, it is my opinion that Hillsborough County is subject to the terms of Chapter 538, Florida Statutes, but that to the extent such legislation is not inconsistent with these general statutory provisions, a charter county such as Hillsborough County may legislate in the area of regulation of secondary metals recyclers. Sincerely, Bill McCollum Attorney General BM/tgh http://www.myfloridalegal.com/ago.nsf/printview/61 DEAOC37F6B2AFF85257686007456... 9/22/2011 Advisory Legal Opinion - Secondary metals cyclers, regulation by county. Page 4 of 5 [1) Cf. Art. ViIl, s. 24, 1885 Fla. Const., authorising the electors of Hillsborough County to adopt a charter form of government; and Art. VIII, S. 6(e), 1968 Fla. Const., stating, among other things, that Art. Vill, s. 24, 1885 Fla. Const., shall remain in full force and effect until that county shall expressly adopt a charter or home rule plan. [2] See Ops. Att'y Gen. Fla. 90-01 (1990), 86-62 (1986), 81-07 (1981), and 79-109 (1979), which discuss the authority of charter counties to enact ordinances not inconsistent with general law. And see Campbell V. Monroe County, 426 So. 2d 1158, 1161 (Fla. 3d DCA 1983), stating that a county ordinance may not conflict with any controlling provisions of a state statute and if any doubt exists, such doubt is to be resolved against the ordinance. And see Art. Vill, S. l(g), Fla. Coast., and D'Alemberte Commentary, 26A Fla. Stat. Ann. 155, 157 (Nest 1995) ("This entirely new subsection provides for the broadest extent of county self-government or 'home rule' as it is commonly described . . . the power which may be granted to county governments under a charter is the power to have county ordinances take precedence over municipal ordinances."). [3] 334 So. 2d 661 (Fla. 3d DCA 1976). (41 Id. at 664. [5] 426 So. 2d 1158 (Fla. 3d DCA 1983). [6] Citing s. 553.38(2), Fla. Stat. (1979). [7] 426 So. 2d at 1161. [8] Comrare an. 383.309(2), Fla. Stat., "[i]t is the intent of the Legislature to preempt that function [adoption of rules governing the design, construction, erection, alteration, modification, repair, or demolition of birth centers] to the Florida Building Commission and the State Fire Marshal through adoption and maintenance of the Florida Building Code and the Florida Fire Prevention Code"; 395.1055(8), Fla. Stat., "tilt is the intent of the Legislature to preempt that function [adopt any rule governing the design, construction, erection, alteration, modification, repair, or demolition of any public or private hospital, intermediate residential treatment facility, or ambulatory surgical center] to the Florida Building Commission and the State Fire Marshal through adoption and maintenance of the Florida Building Code and the Florida Fire Prevention Code;" 403.415(2)(b), Fla. Stat., providing for the preemption of federal regulations over state standards for truck noise; and 482.242(1), "[t]he provisions http://www.myfloridalegal.comlago.nsflprintview/6l DEAOC37F6B2AFF85257686007456... 9/22/2011 Advisory Legal Opinion - Secondary metals cyclers, regulation by county I Page 5 of 5 Of this chapter preempt to the state all regulation of the activities and operations of pest control services[.]" [9] See p. 3, s. B., House of Representatives Committee on Criminal Justice Final Staff Analysis i Economic Impact Statement on SB 16-B dated June 22, 1989; and p. 4, s. C., Section -By -Section Analysis, Providing that the bill "allows for local regulation[.]" [10] Raeves v. State, 957 So. 2d 625 (Fla. 2007), cert. denied., 128 S.Ct. 537, 169 L.Ed.2d 377, 76 USLW 3239 (2007); City of St. Petersburg v. Siebold, 48 So. 2d 291 (Fla. 1950); and Feople's Bank of Jacksonville v. Arbuckle, 90 So. 458 (Fla. 1921). http://www.myfloridalegal.corWago.nsf/printview/61 DEAOC37F6B2AFF85257686007456... 9/22/2011 ORDINANCE NO.11-025 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, RELATING TO SECONDARY METALS RECYCLERS, CREATING A NEW ARTICLE IV IN CHAPTER 1-18 "SHERIFF" OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY CREATING SECTIONS 1-18- 31 THROUGH 1-28-36 ENTITLED "SECONDARY METALS RECYCLERS"; PROVIDING DEFINITIONS; PROVIDING FOR LIMITATIONS ON CASH TRANSACTIONS FOR CERTAIN RESTRICTED REGULATED METALS, PROVIDING A LIST OF RESTRICTED REGULATED METALS; REQUIRING ADDITIONAL OWNERSHIP DATA BE PRESENTED IN A SALE OF RESTRICTED REGULATED METALS; PROVIDING FOR INFORMATION SHARING; REQUIRING ELECTRONIC TRANSACTION RECORD OF ALL PURCHASES; REQUIRING THE SECONDARY METALS RECYCLER TO MAINTAIN OR HAVE IMMEDIATE ACCESS TO A FACSIMILE OR SIMILAR EQUIPMENT; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, increasing worldwidedemand for metals and theassociated rising price of metals have contributed to increased criminal activity in areas such as theft of copper wiring from construction sites, underground telecommunication wires, utility wires, air conditioning units, and beer kegs; and WHEREAS, law enforcement officials have indicated that increased criminal activity relating to theft of secondary metal and secondary metal products such as those described above are impacting the public health, safety and welfare of the residents of St. Lucie County; and WHEREAS, in 2008 the state law took effect that had goals of reducing secondary metal theft and increasing the penalties for violation of the state law (Chapter 2008-69, Laws of Florida); and WHEREAS, law enforcement in St. Lucie County has identified areas in the law where additional regulation will be helpful to curb theft of secondary metals in St. Lucie County; and WHEREAS, St. Lucie County, law enforcement, secondary metals recyclers, and other interested persons should find a way to share information, cooperate, and move forward collectively in an effort to further reduce secondary metal theft locally; and WHEREAS, the state has a specificgoal of increasing recycling and that recycling secondary materials is a vital part of preserving our state's environment; and WHEREAS, under its home rule authority, St. Lucie County can pass additional legislation to further regulate the secondary metals recycling industry, which is regulated at Part II, Chapter 538, Florida Statutes, as long as those additional regulations are not preempted in the law and are not inconsistent with the statutory provisions. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section I. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. A new Article IV, Chapter 1-18, St. Lucie County Code of Ordinances, is hereby created to read as follows: 5:\ATTY\ORDINANCES\2011\11-025.wpd -1- CHAPTER 1-18, ARTICLE IV SECONDARY METALS RECYCLERS Sec.1-18-31. Definitions A. Ferrous Metals means any metals containing significant quantities of iron or steel B. Fixed Location means any site occupied by a secondary metals recvcler as owner of the site or as lessee of.the site under a lease or other rental agreement providing for occupation of the site by the secondary metals recvcler for a total duration or not less than 364 days C. Money means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. D. Nonferrous Metals means metals not containing significant quantities of iron or steel including without limitation, copper, brass, aluminum, bronze lead zinc nickel and alloys thereof, excluding precious metals subject to regulation under Part I. Chapter 538, Florida Statutes. E. Purchase Transaction means a transaction in which a secondary metals recvcler gives consideration for regulated metals property. F. Regulated Metals Propertv means any item composed primarily of any nonferrous metals but shall not include aluminum beverage containers, used beverage containers or similar beverage containers For purposes_ of enforcement under this ordinance, the term shall also include stainless steel beer kegs G. Restricted Regulated Metal Prooer(v means the specific regulated metal items that are listed in section 1-18-33 of this Code. H. Secondary Metals Recvclershall havethemeaningascribedinsubsection538.18(8) Florida Statutes as may be amended from time to time. Seller means the person from whom the regulated metal property is acquired J. Utility means any person, firm, corporation, association, or political subdivision whether private municipal, county, or cooperative, which is engaged in the sale generation provision or delivery of gas electricity, heat, water, oil, sewer service, teleohone service, telegraph service radio service or telecommunication service Sec, 1-18-32 Limitations on Cash Transactions A. A secondary metals recvcler shall not enter into any cash transaction for purchase of any restricted regulated metals property listed in section 1-18-33 of this Code B. Payment by a secondary metals recyclerforthe purchase of restricted regulated metal Prooertyshall be made by check issued to the Seller and payable to the Seller or by electronic payment to the Seller's bank account or to the Seller's employer's bank account. C. Each checkfor paymentshall be mailed by the secondary metals recycler directlyto the current street address of the Seller which is on file with the secondary metals recvcler unless otherwise provided in this Article Payment shall not be mailed to a post office box. Electronic payments shall be sent to a bank account for which the Seller is listed as an account holder or an employee or agent thereof. S:\ATMORDINANCES\2011\11-025.wpd -2- D. Each check or electronic payment shall be mailed or electronically transferred by the secondary metals recvcler to the Seller within three (3) business days of the purchase transaction unless otherwise provided in this Article. Sec.1-18-33. Restricted Regulated Metal PropeEW* Exemptions. A. A secondary metals recvcler shall not purchase any of the following items of restricted regulated metal property without obtaining reasonable proof that the Seller owns the property (such as a receipt or bill of sale) or reasonable proof that the Seller is an employee agent or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other entity, owning the property (a secondary metals recvcler may retain on file an official document on the letterhead of the entity, indicating that the Seller is authorized to sell the item of regulated metal property however, such a letter must be dated within 90 days of the transaction): 1. A manhole cover. 2. An electric light pole or other utility structure and its fixtures, wires, and hardware which are readily identifiable as coming from the utility structure. 3. A guard rail. 4. A street sign, traffic sign, or traffic signal and its fixtures and hardware. S. Communication, transmission, distribution, and service wire, from a utility including copper or aluminum bus bars, connectors, and grounding plates or grounding wire, 6. A funeral/grave marker or funeral vase. 7. A historical marker. B. Railroad equipment, including, but not limited to a tire plate, signal house, control box, switch plate, E clip, or rail tie function. 9. Any metal item that is observably marked upon reasonable inspection with any form of the name initials, or logo of a governmental entity, utility company, cemetery, or railroad. 10. Acopper,aluminum, or aluminum-coppercondensingorevaporator coil, including itstubing or rods, from a heating or air conditioning unit (excluding coils from window air conditioning units and automobiles). forklifts. of a vehicle. 11. An aluminum or stainless steel container or bottle designed to hold propane for fueling 12. Stainless steel beer kegs. 13. A catalytic converter or any nonferrous part of a catalytic converter unless t)urchased aspart 14. Metallic wire that was burned in whole or in part to remove insulation. 15. Brass or bronze commercial valves or fittings, referredto as "FDCvalves," thatarecommonly used on structures for access to water for the purpose of extinguishing fires. S:WTMORDINANCES\2011\11-025.wpd -3- 16. Brass or bronze commercial potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into municipal domestic water service systems from commercial structures. 17. A shopping cart. B. Exemptions. The secondary metals recycler may provide a check at the time of the purchase transaction, rather than mailing said check as required in subsection 1-18-32 of this Article, if the Seller is in one of the following exempt categories: 1. Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, orschool -sponsored organizations orassociations, orfrom any nonprofit corporation or association; 2. A law enforcement officer acting in an official capacity; 3. A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler; 4. Any public official actingunderOudicialProcessorauthoritywhohaspresentedproofofsuch status to the secondary metals recycler; or S. A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondary metals recycler; or 6. A manufacturing, industrial, or othercommercialvendorthatgenerates regulated materials in the ordinary course of business. Sec. 1-18-34. Electronic Transaction Records Required. A. All secondary metals recvclers shall maintain a legible electronic record, in the English language, of all purchase transactions involving regulated metal property and restricted regulated metal property to which such secondary metals recycler is a party. Such electronic format will be the Leads Online software or such software as is otherwise designated in writing by the St. Lucie County Sheriff's Office. It shall be the responsibility of the individual secondary metal recycler, or any employee thereof, to obtain the most current data specifications of the designated electronic format. B. The following information shall be maintained and transmitted to the St. Lucie County Sheriffs Office in the specified electronic data format described in subsection A., above: 1. The name and address of the secondary metals recycler; 2. The name, initials, or other identification of the individual entering the information regarding the transaction; 3. The date and time of the transaction; 4. The weight, quantity, or volume and a description of the type of regulated metals property purchased in a purchase transaction; S:\ATTY\ORDINANCES\2011\11-025.wpd -4- S. Photo of items; 6. The distinctive number from the personal identification card of the seller: 7. A description of the Seller including: a. Full name, current residential address, workplace, and home and work phone numbers; b. Height, weight, date of birth, gender, hair color, eve color, and any other identifying marks: C. A vehicle description to include the make, model, and tag number of the vehicle and trailer of the Seller of the regulated metals property; and d. Any other information required by the form approved by the Florida Department of Law Enforcement and as specified in section 538.19, Florida Statutes, except the amount of consideration given in the purchase transaction. C. Such information shall be electronically transmitted for the previous dav's business to the St. Lucie County Sheriff's Office by 10 a.m. on each day the secondary metals recycler is open for business. D. A secondary metals recycler shall maintain or cause to be maintained the information required by this section for not less than five (5) years from the date of purchase transaction. E. If the purchase transaction involves the transfer of regulated metals property from a) a secondary metals recycler registered with the State or b) an exempt seller under section 1-18-33 B. of this Code to a secondary metals recycler registered with the State, the secondary metals recycler receiving the regulated metals property shall record the Seller's business name and address and the name of the Seller's business representative or Seller's point of contact in lieu of the requirements listed in paragraph 6 above. Sec. 1-18-35. Facsimile, Telecopier, or Similar Equipment Required. A secondary metals recycler shall maintain at its place of business, or otherwise have immediate access to, a facsimile, telecopier, or other equipment of similar function on which notifications of stolen property or other notifications relating to regulated metal property may be expeditiously received from the St. Lucie County Sheriffs Office. The equipment shall be operable at all times during the usual and customary business hours of the secondary metals recycler. The secondary metals recycler shall maintain the facsimile number or other access number of the equipment on file with the Sheriff and shall notify the Sheriff within 24 hours of any change in the number. Sec.1-18-36. Penalty. Whoever violates this Article shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days or by both. Section 3. EFFECTIVE DATE Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective on March 1, 2012. S:\ATTY\ORDINANCES\2011\11.025.wpd -5- Section 4. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Section S. SEVERABILITY AND APPLICABILITY It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any section, subsection, sentence, clause or provision of this Ordinance be held invalid, the remainder of the Ordinance shall not be affected. This ordinance shall be applicable in the unincorporated areas of St. Lucie County. Section 6. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Chris Dzadvosky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Section 7. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of 2011. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5:\ATTY\ORDINANCES\2011\11-025.wpd -6- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-6 DATE: November 1, 2011 REGULAR[ ] PUBLIC HEARING [x ] CONSENT [ ] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Case No. 66346 - 7808 Lakeside Way, Fort Pierce, FL - Unsightly and Unsanitary Conditions and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety - Permission to order the owners to clean the property or St. Lucie County will have it abated and place a lien on the Property. BACKGROUND: I See attached memorandum RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owner ordering them to remove the unsightly and unsanitary conditions on the property, including, but not limited to, mowing the lawn, securing and cleaning the pool and boarding up the structure as required or St. Lucie County will have it cleared and repaired and place a lien on the property. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ j OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre [X] Code Compliance Manager Ro eyer *f-5a#er&e INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 11-1414 DATE: November 1, 2011 SUBJECT: Code Enforcement Case No. 66346 - 7808 Lakeside Way, Fort Pierce, FL - Unsightly and Unsanitary Conditions and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety BACKGROUND: St. Lucie County has received code compliance complaints from the neighbors of this property at 7808 Lakeside Way in Fort Pierce and have exhausted all avenues to gain compliance. A Notice of Violation was issued on August 5, 2010 against this property for violation of Section 1-9-32 of the St. Lucie County Code of Ordinances for Public Nuisance - overgrowth of grass and weeds. A letter was issued to the owner of the property and they were given a compliance date of January 1, 2011. The property was still in violation on October 6, 2010 and was brought before the St. Lucie County Code Enforcement Board. At that time, an Order was issued giving Washington Mutual Bank (the property owner) until November 5, 2010 to correct the violations. On January 5, 2011, Staff reported to the Code Enforcement Board that the property still remained in violation. An Order Imposing Fine/Lien was entered. On July 29, 2011, a certified letter was sent to the owner from the County Attorney notifying them of the code lien. A representative of the owner contacted the County Attorney's office on August 16, 2011 and the violation was explained. As of November 1, 2011, the property has not been abated. On October 18, 2011, neighbors of the property requested that Staff bring the property to the Board of County Commissioners as they found the property to present a serious threat to public safety. They advised that vagrants spent the night in the property and believe the overgrowth and stagnant pool water are creating a breeding ground for mosquitos. Chapter 67-1998, Laws of Florida, Section 5 (attached) finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, shall be kept clear and clean of weeds, underbrush, rubbish,junk, debris, vegetation (including trees), brush and unsightlyand unsanitary matters where the public health, welfare and safety are concerned. If the Board of County Commissioners finds it wise and expedient and serves a public health or safety purpose for such property to be cleaned of junk, trash and debris, weeds or other growth or materials, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of materials. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owner ordering them to remove the unsightly and unsanitary conditions on the property, including, but not limited to, mowing the lawn, securing and cleaning the pool and boarding up the structure as required or St. Lucie County will have it cleared and repaired and place a lien on the property. KB/cb Encl. HAAR-K8-Lakes1deW ay.wpd Respectfully submitted, Katherine arbieri Assistant County Attorney r, a d3'SAC. fi r t y ra' ,v i a y ��'o-esf�,Mz^R,�ff �'wx�'�xr n.• "<�:�}Ud�i� �,,,:`,.o,,.a.. »,.,...i .. .J.. .. ,,,e,,, ryq►' r � 7 6 i f � t oF $ SK } �d y2 to nr i,:re . t Y �d t i Nil' AGENDA REQUEST ITEM NO. C. DATE: November 1, 2011 REGULAR [J PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 11-030 - Solid Waste Exclusive Commercial Franchises BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 11-030 as revised and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator . -) Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng. Finance: (Check for copy only, if applicable) Eff. 5/96 'INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: IBoard of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 11-1424 DATE: October 20, 2011 SUBJECT: Ordinance No. 11-030 - Solid Waste Exclusive Commercial Franchises ********************************************************************************** BACKGROUND: Attached to this memorandum is a copy of revised draft Ordinance No. 11-030 which, if adopted, would give the County the flexibility to enter into exclusive or non-exclusive service agreements as the Board deems appropriate for the collection of solid waste and recyclable materials from commercial property within the unincorporated area of the County. The Board held a public hearing on October 18. Based on concerns expressed at the public hearing, the Board continued the public hearing to November 1. The revised draft ordinance contains language that clarifies that the ordinance does not apply to yard trash, construction and demolition debris and recovered materials. Permission to advertise was granted on September 20, 2011 and notice of this public hearing was initially advertised in the Tribune on October 3, 2011 and again on October 22, 2011. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 11-030 as revised and authorize the Chairman to sign the Ordinance. Respectfully submitted, Daniel S."McIntyre County Attorney ORDINANCE NO.11-030 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND.RECYCLABLE MATERIALS; AMENDING SECTIONS 1-9-53 AND 1-9-91 OF THE ST. LUCIE COUNTY CODE; CREATING FINDINGS CONCERNING EXCLUSIVE AND NON-EXCLUSIVE SERVICE AGREEMENTS; AUTHORIZING EXCLUSIVE AND NOW EXCLUSIVE SERVICE AGREEMENTS FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS GENERATED ON COMMERCIAL PROPERTY LOCATED WITHIN THE UNINCORPORATED AREA OF THE COUNTY OR GENERATED ON RESIDENTIAL PROPERTY LOCATED OUTSIDE OF THE URBAN INCORPORATED AREA, BUT PROHIBITING EXCLUSIVE SERVICE AGREEMENTS FOR THE COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS, YARD TRASH, OR RECOVERED MATERIALS GENERATED ON SUCH PROPERTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Sections 125.01, Florida Statutes, the Board of County Commissioners of St. Lucie County, Florida, has the general responsibility and authority to provide for the collection of solid waste and recyclable materials in the unincorporated area of St. Lucie County; and WHEREAS, the Board has adopted ordinances providing for the collection and disposal of solid waste and recyclable materials that are generated in the unincorporated areas of the County, and such ordinances are codified in Chapter 1-9 of the St. Lucie County Code; and WHEREAS, the Code currently provides that the Board may enter into service agreements giving one person or entity the exclusive right to collect solid waste and recyclable materials from residential property within specified areas of the County; and WHEREAS, Section 1-9-91(b) of the Code currently provides that the Board may enter into service agreements for the non-exclusive right to collect solid waste and recyclable materials from commercial property within the unincorporated area of the County, but Chapter 1-9 of the Code does not explicitly authorize the Board to enter into service agreements that give one person or entity the exclusive right to collect solid waste and recyclable materials from commercial property throughout the unincorporated area of the County; and WHEREAS, the Board has determined that, in general, the County should have the flexibility to enter into exclusive or non-exclusive service agreements, as the Board deems appropriate, for the collection of solid waste and recyclable materials from commercial property within the unincorporated area of the County; provided, however, the Board does not intend to enter into exclusive service agreements for the collection of construction and demolition debris, yard trash, or recovered materials from such commercial property; and Underlined passages are added. 1 Stwek thread+ passages are deleted. WHEREAS, the Board has determined that the use of an exclusive service agreement for the collection of solid waste and recyclable materials from commercial property, subject to the limitations set forth herein, will enable the County to improve the County's solid waste management and recycling programs; and WHEREAS, the Board. has determined that it is in the best interests of the public, and it is protective of the public health, safety, and welfare, for the Board to have the flexibility to enter into exclusive or non-exclusive service agreements, as the Board deems appropriate, for the collection of solid waste and recyclable materials generated on commercial property, subject to the limitations set forth herein; and WHEREAS, the Board wishes to amend Sections 1-9-53(h) and 1-9-91(b) of the St. Lucie County Code to implement the determinations set forth above. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA THAT: PART A. Section 1-9-53(h) ("Findings") of the St. Lucie County Code shall be and is hereby amended to read as follows: It is hereby ascertained, determined and declared that: (h) The regulation and authorization of regulated contractors to provide exclusive collection in specific residential service areas, and exclusive or non-exclusive collection to commercial properties throughout the unincorporated area, promotes efficient and proper management of solid waste and fosters economical opportunities to recover recyclable materials from the waste stream. PART B.Section 1-9-91(b) ("General Authority") of the St. Lucie County Code shall be and is hereby amended to read as follows: (b) The board is hereby authorized to enter into service agreements with any qualified person or entity to provide for the exclusive or nonexclusive collection of solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) and recyclable materials, from commercial property throughout the unincorporated area of the county and from residential property located outside of the urban unincorporated area; provided, however, the board shall not enter into exclusive service agreements for the collection of construction and demolition debris yard trash or recovered materials from commercial property. Underlined passages are added. 2 dough passages are deleted. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect remaining portions of this ordinance. If this ordinance or any provision hereof 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 circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed to send a certified copy of this ordinance promptly to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XXX Vice -Chairman Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of November 2011. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Underlined passages are added. 3 Struck threaGh passages are deleted.