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Home My WebLink About12/11/2012 Informal Meeting PacketAGENDA Tuesday, December 11, 2012 9:00 A.M. INFORMAL MEETING CALL TOORDER - COMMISSIONER MOWERY, CHAIRMAN BOARD OF COUNTY COMMISSIONERS 2. BEAU RIVAGE GLITCH BILL POLICY QUESTIONS -COUNTY ATTORNEY -PLANNING & DEVELOPMENT SERVICES 3. 298 DISTRICTS' REQUEST TO ADD CHAPTER 190 POWERS -COUNTY ATTORNEY -PLANNING & DEVELOPMENT SERVICES 4. 2013 LEGISLATIVE ISSUES REQUEST -BUSINESS AND STRATEGIC INITIATIVES MANAGER 5. ADJOURNMENT THE BOARD OF COUNTY COMMISSIONERS WILL HOLD A SPECIAL BOARD MEETING IMMEDIATELY FOLLOWING THE INFORMAL MEETING. CONFERENCE ROOM #3 ROGER POITRAS ADMINISTRATION ANNEX 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides io 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 fo 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 Managerat (772) 462-1404 orTDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Item No. 2 pull-L..~,uw.a~l? BACKGROUND SB 800, passed in the 2012 session, relocated a 129-acre piece of property (known as Beau Rivage) from St. Lucie County to Martin County, by amending general law to revise the counties' boundaries. The Martin County Board of County Commissioners was neutral on this bill last session, and the request originated with the residents of the community. The bill also provides for the transfer of all public roads and associated rights-of-way within the property. This boundary revision was contingent upon its approval in a referendum of a majority of the qualified electors residing in Beau Rivage in the next general, special or other election to be held in St. Lucie County (approved on August 14, 2012). The final bill requires that an interlocal agreement between Martin and St. Lucie Counties be reached by May 1, 2013 which shall provide a financially feasible plan for transfer of services, personnel, and public infrastructure from St. Lucie County to Martin County. The agreement shall include compensation for the value of infrastructure investments by St. Lucie County in [he transferred property minus depreciation, if any. Effective July 1, 2013, the total tax and assessment revenue that would have been generated in fiscal year 2013-2014 by all St. Lucie County taxing authorities levying taxes or assessments within the area transferred to Martin County less 10 percent shall be transmitted to St. Lucie County for distribution to the county and all other affected taxing authorities.7hrough fiscal year 2022-2023, the tax and assessment revenue amount thatwould have been generated by all St. Lucie County taxing authorities levying taxes or assessments in the transferred area for fiscal year 2013-2014 shall serve as the base amount of tax and assessmenYrevenuef0r further annual reductions of 10 percent of the tease amount before annual distributions to the St. Lucie County through Flscal year 2022-2023. However, for any fiscal year through fiscal year 2022-2023 when the total taxes and assessments collected within the transferred area exceed the base amount by more than 3 percent, St. Lucie County shall receive the same percentage distribution from the tax and assessment revenue that exceeds the base amount by more than 3 percent as they will receive from the base amount. All distributions to St. Lucie County shall occur within 30 days after the beginning of each calendar year. REQUEST Issues have arisen in the implementation of SB 800. It has been proposed that these items, pending agreement with St. Lucie County, be included in a "glitch" bill to be filed in the 2013 session: • Eliminating the non-ad valorem special assessment for solid waste collection from the legislation. Under Florida law, non-ad valorem special assessments are not taxes, but rather a user benefit for a rendered service. • Eliminate ad valorem payments to St. Lucie County for non-County levies. It is recommended that Martin County pay 100` o of these taxes and make one payment to these other jurisdictions rather than having both Counties cut checks and incur unnecessary expenses, eliminating unneeded bureaucracy from the legislation. • The Martin County Tax Collector requests that the payment date to St. Lucie County for their share of the collected taxes be moved from thirty days after the start of the calendar year to June 30`h of each as year as tax collections commence around November 1" annually and conclude with the tax sale at the beginning oflune. Payment prior to the conclusion of tax collections will require Martin County to pay St. Lucie County from reserves rather than from collections. • An issue not under the purview of either Board of County Commissioners impacts the School Districts in both counties. The language of Senate Bill 800 requires the Martin County School District pay to St. Lucie County a percentage of the tax proceeds from the Beau Rivage taxable assessed property value. These proceeds will be included in the Required Local Tax Effort and the District School Tax Discretionary Millage that support the Florida Education Finance Program beginningJuly 1, 2013. Both of these taxes are levied by the Florida Legislature and are required to fund the Florida Education Finance Program and paying this tax revenue to St. Lucie County will "subsidize" St. Lucie County instead of funding the Florida Education Finance Program. It has been proposed by Martin County School District staff that it would be appropriate to exclude both the Required Local Effort Tax (RLE) and the District School Tax Discretionary Millage from Senate Bi11800 since both of these taxes are intended to fund the Florida Education Finance Program. The /' District Local Capital ImRrovement Tax is not included In the Florida Education Finance Program. ~V ~~ ~ P~~ ~' Item No. 3 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA T0: Board of County Commissioners County Administrator FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-1451 DATE: December 6, 2012 SUBIECT: Fort Pierce Farms Water Control District North St. Lucie Water Control District Introduction of Bills Codifying Special Acts r*rrrrsrrrsrrr rrrr*rrr++rrr*rrr»rrrrrrrrrrrrrrrrrrrrrrrrrrwrrrrrrrrrtrrrrrrrrr+rrrr BACKGROUND: On November 30, 2012, I met with Pete Pimentel at his request. Mr. Pimentel represents the Fort Pierce Farms Water Control pistrict (FPF) and the North St. Lucie Water Control District (NSL). At the November 30 meeting, Mr. Pimentel provided me with copies of two (2) draft bills codifying the special acts of the FPF and NSL Water Control Districts, Copies of the two draft bills are attached to this memorandum. Please note that proposed bills contain additional powers that were not in the special acts adopted by the Legislature in the 2012 Session. Copies of Chapters 2012-237 and 2012-240 laws of Florida are attached to this memorandum as Exhibit "B". Mr Pimentel is seeking a letter from the County supporting the proposed codifications. If possible, he would like the letter before the December 17 delegation meeting. ADDITIONAL BACKGROUND: The Board previously considered the special acts at its August 9, 2011 informal meeting, A copy of the memorandum dated August 2, 2011 from Business & Concurrency Manager, Michael erillhart was presented to the Board. A copy of Mr. Brillhart's August 2 memorandum is attached to this memorandum as Exhibit "C". As Indicated in Mr. Brillhart's memorandum, three options were presented to the Board at the August 9 informal meeting as follows: 1, Do not extend the Ilfe of the two Districts and St. Lucie County will take over their responsibilities. 2. Extend the life of the two Districts under Chapter 298 Florida Statutes as a "Drainage and Water Control District". 3. Extend the lifeofthetwoDistrictsunderChaoter189FloridaStatutesasa"Special District". Countystaff's recommendation as reflected in Mr, Brillhart's memorandum was that County staff did not have an objection to the extension of the FPF and NSL Water Control Districts as Chapter 298: Drainage and Water Control Districts. The minutes of the August 9, 2011 informal meeting reflect that the Board supported extending the life of the 298 Districts for 99 years and directed staff to negotiate an interlocal agreement with FPF transferring the permitting of certain Cana Is and supported further investigation of the 189 districts with limited powers the Boards are collectively comfortable with. A copy of the minutes of the Board's August 9, 2011 informal meeting is attached as Exhibit "D". As directed by the Board, County staff has been negotiating a draft interlocal agreement with the attorney forthe FPF WaterControl District. A copyofthe initial draft Interlocal Agreement (as drafted by the attorney for FPF) and the County staffs response are attached as Exhibit "E". Countystaffwas not approached about the additional powers issue until Mr. Pimentel's November 30 meeting with the County Attorney. DSM/cb Attachments copy to: Public Works Director Planning & Development Services Director Michael Brillhart A bill to be entitled An act relating to the Fort Pierce Farms Water Control District, St. Lucie County; codifying, amending, reenacting, and repealing special acts relating to Fort Pierce Farms Water Control District, a special tax district; providing that the name of the district shall be the Fort Pierce Farms Improvement District; providing for legislative intent; providing for applicability of chapter 298, F.S., and other general laws; providing additional authority relating to the provision of public infrastructure, services, assessment, levy, and collection ofnon-ad valorem assessments and fees, public finance, and district operations; providing powers of the district; providing for compliance with county plans and regulations; providing for levy ofnon-ad valorem assessments; providing for collection, enforcement, and penalties; providing for issuance of revenue bonds, assessment bonds, and bond anticipation notes; providing a district charter; providing for existence of the district until a specified date; ratifying prior acts and circuit court decrees; repealing prior special acts relating to the district; providing severability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section L (1) The reenactment of existing law in this act shall not be construed as a meant of additional authority to nor to supersede the authority of any entity pursuant to law. Exce,~tions to law contained in any special act that are reenacted pursuant to this act shall continue to apply. (2) The reenactment of existing law in this act shall not be construed to modify, amend or alter any covenants contracts or other obligations of the district with respect to bonded indebtedness Nothine nertalning to the reenactment of existing law in this act shall be construed to affect the ability of the district to levy and collect assessments. fees, or chazges for the purpose of redeemine or servicing bonded indebtedness of the district. Section 2. Chanters 9981 (19231 10549 (19251 12033 (19271 16032 (19331.25447 (19491 and 65 1226 78 609 82-375 87-447 Laws of Florida, are modified reenacted. amended and repealed as herein provided. EXHIBIT ~ w~ 11 oossssco-~ Section 3. The Fort Pierce Famts Water Control District is renamed and the charter for such district is re-created and reenacted to read: Section 1. District renamed: -The Fort Pierce Farms Water Control District shall henceforth be known as the "Fort Pierce Farms Improvement District." Section 2 District created and boundaries thereof --For the purposes of providine public infrastmchue services the assessment lew and collection of non-ad valorem assessments and fees the operation of district facilities and services and all other nurooses stated in this act consistent with chapters 189 and 298 Florida Statutes and other applicable general law an independent improvement district is hereby created and established in St. Lucie County. to be known as the Fort Pierce Farms Improvement District the territorial boundaries of which shall be as follows, to wit: Beginning at the SE corner of Section 31 Township 34 South Range 40 East, run North along the section line to the NE comer of the SE 1 /4 of Section 30, said Township and Ranee thence West along the 1 /4 section line to the N W corner of the NE 1 /4 of the SE 1/4 of said Section 30 thence North along the 1/4 section line to the NE corner of the SW 1/4 of the NE 1/4 of said Section 30 thence West along the 1/4 section line to the NW comer of the SW 1/4 of the NE 1!4 of said Section 30 thence North alone the 114 section line to the NE corner of the NW ] /4 of said Section 30. thence West along the section line to the NW comer of said Section 30 thence North along the section line to the NE corner of the SE 1/4 of the SE 1/4 of Section 24 Township 34 South Range 39 East, thence West along_the 1/4 section line to the NW corner of the SE 1!4 of the SE 1/4 of said Section 24 thence North alone the 1/4 section line through said Section 24, and through Section 13 said Township and Range to the NE corner of the SW 1/4 of the NE 1/4 of said Section 13 thence west along the 1/4 section line throueh said Section 13, and Section 14 said Township and Range to the NW comer of the SW I/4 of the NE 1/4 of said Section 14 thence North along the 1/4 Section line to the NE corner of the NW 1!4 of said Section 14 thence West along the 1/4 section line to the NW corner of the NE 1/4 ofthe NW 1/4 of said Section 14 thence North along the 1/4 section line throueh Section t t and throueh Section 2 said Township and Range to the NW comer of the NE 1/4 of the NW 1/4 of said Section 2 thence West alone the township line dividing Township 33 oouuco-i and 34 to the NW comer of Section 5 Township 34 South Rance 39 East, thence South alon the West section line of Section 5 Section 8 and Section 17 to the SW corner of the NW I/4 of Section 17 said Township and Ranee thence East alone the 1/4 section line to the NW comer of the NE 1/4 of the SW 1/4 of Section 16. said Township and Range, thence South alono the ]/4 section line to the SW corner of the NE 1/4 of SW 1/4 of said Section 16 thence East alone the 1/4 section line to the SE comer ofthe NE 1/4 of the SW 1/4 of said Section 16 thence South alone the 1/4 section line to the SW corner of the SE I/4 of said Section 16 thence East alone the 1/4 section line to the NW comer of the NE I/4 of the NE 1/4 of Section 21 said Township and Ranee, thence South along the 1/4 section line to the SW comer of the SE 1/4 of the NE 1/4 of said Section 21 thence East along the 1 /4 section line to the NW corner of the E 1/2 of the NW 1/4 of the SW 1/4 of Section 22 said Township and Range and thence South to the SW comer ofthe E 1/2 of the NW 1/4 of the SW 114 of said Section 22, thence East along the 1/4 section line to the NWcomer ofthe E I/2 of the W 1/2 of SE 1/4 of SW 1/4 of said Section 22 thence South to the SW comer of the E 112 of W 1/2 of SE I/4 of the SW 1/4 of said Section 22 thence West to the NW corner of the NW 1/4 of Section 27 said Township and Ranee thence South to the NE corner of the SE 1/4 of the NE 1/4 of Section 28 said Township and Ranee thence West to the NW comer of the SW I/4 of the NE 1/4 of said Section 28 thence South along the I/4 section line to the center of said Section 28 thence East alone the 1/4 section line to the center of Section 27, said Township and Ranee thence East along the 1/4 section tine to the NW comer of the E 1 /2 of the NW 1/4 of the SE 1 /4 of said Section 27, thence South to the S W corner of the E 1/2 of the NW 1/4 of the SE 1/4 of said Section 27 thence West alone the 1/4 section line to the NW comer of the SW 1/4 of the SE 1!4 of said Section 27 thence South alone the 1/4 section line to the SW comer of the SE 1/4 of said Section 27, thence West alone the section line to the NW comer of Section 34 said Township and Range thence South along the section line to the SW corner of said Section 34 thence East alone the township line dividing Township 34 and Township 35 to the point of beeinnine. Section 3 Provisions of other laws made applicable --The provisions of chapter 298 Florida Statutes and all of the laws amendatory thereof now existine or hereaRer enacted, aze oossssso-i applicable to said Fort Pierce Farms Improvement District Fort Pierce Fauns Improvement District shall have all of the rowers and authorities mentioned in or conferred by said chapter 298 Florida Statutes. Section 4 Powers of the district compliance with county plans and reeulations: - (1} The district shall have the followine powers: (a} To sue and be sued in its name in anv court of law or in eguiri. to make contracts to adopt and use a corporate seal and to alter the same at pleasure. (b} To acquire by purchase eift or condemnation real and personal property, either or both within or without the district and to convey and dispose of such real and cersonal ~rOp, rtv either or both as may be necessary or convenient to carry out the purposes, or anv of the purooses of this act and chapter 298 Florida Statutes. (c} To finance fund plan establish construct :equip operate, and maintain canals, ditches drains levees lakes onds control structures or similar devices for water control and diversion and other works for water manaeement and control purooses. (d) To acquire purchase finance fund plan establish equip ocerate, and maintain mumps plants and pumpine svstems for water manaeement and control purooses. ~ To finance fund plan establish construct equip ocerate and maintain irrisation works machinery, and plants. (fl To finance fund plan establish construct improve pave eauip, operate, and maintain roadways and roads necessary and convenient for the exercise of the rowers or duties or anv of the powers or duties of said district or the supervisors thereof: and to include as a component of roads parkways bridees landscaping irrigation drainaee bicycle and ioeeine ,paths street li¢htine traffic sia.,nals road stripine and all other customary elements of a modem road system. ~ To finance fund plan establish. acauire construct or reconstruct, enlazee or ' extend eauip ocerate and maintain svstems and facilities for providine transportation throuehout the district includine private or contract carriers, buses, vehicles railroads, and other transportation facilities to meet the transportation requirements of the district in activities conducted within the district. (h} To finance fund plan establish acauire construct or reconstruct, enlazee or extend eauip operate and maintain pazkinp facilities within the district boundaries. muueo-~ (i) To finance fund plan establish acquire construct or reconstruct, enlaree or extend eouip operate and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational cultural, and educational uses. (i) To acouire construct finance fund plan establish equip, operate, and maintain water plants and systems to produce purify and distribute water for consumption. (k) To acquire construct finance fund establish plan equip operate and maintain sewer systems for the collection disposal and reuse of waste and wastewater and to prevent water pollution in the district. (1) To lew non-ad valorem assessments prescribe fix establish, and collect rates, fees rentals fares or other charges and to revise the same from time to time, for the facilities and services furnished or to be famished by the district and to recover the cost of makine connection to an~district facility or system. ~) To provide for the discontinuance of service and reasonable penalties includin¢ attome}_'s fees a¢ainst any user or nropertv for any such rates, fees, rentals, fares, or other charges that become delinquent and require collection However no charges or fees shall be established until afrer a public hearing of the board at the district at which all affected persons shall be given an opportunity to be heard. (n) To enter into agreements with any person firm or corporation for the furnishinc >y such person firm or corporation of any facilities and services of the type provided for in this act. (o) To enter into impact fee credit agreements with local general pumose governments In the event the district enters into an impact fee credit agreement with a local general puroose government where the district constructs of makes contributions for public facilities for which impact fee credits would be available the agreement may provide that such i~act fee credits shall inure to the landowners within the district in proportion to their relative assessments and the district shall from time to time execute such instruments such as assignments of impact fee credits as may be necessary or desirable to accomplish or confirm the foregoing. (p) To finance fund plan establish eouip construct overate and maintain facilities for and take measures to control mosquitoes and other arthropods of public health importance. ooussso-t (Q) To finance fund,plan establish acquire construct or reconstruct, enlazee or extend euuip operate and maintain additional systems and facilities for conservation aeeas, mitigation areas and wildlife habitat includin¢ the maintenance of any plant or animal species. and an_y related interest in real or personal property. (r) To borrow money and issue neeotiable or other bonds of said district as hereinafter provided• to borrow money from time to time and issue neeotiable or other notes of said district therefore bearing interest at not exceedine the maximum interest allowable by law. in anticipation of the wllection of levies and assessments or revenues of said district; to pledee or hypothecate such levies assessments and revenues to secure such bonds, notes or oblieations• and to sell discount ne¢otiate and dispose of the same. U To provide public safety including but not limited to, securiri. euazdhouses. fences and Bates electronic intrusion detection systems and patrol cars when authorized by proper governmental aeencies' except that the district may not exercise any police power, but may contract with the appropriate local general purpose government aeencies for an increased level of such service within the district boundazies. (t) To provide systems and facilities for fire prevention and control and emergency medical services including the construction or purchase of fire stations water mains and glues, fire trucks and other vehicles and equipment. (u) To finance fund plan establish acquire conswct or reconstruct enlazee or extend eq~ operate and maintain additional systems and facilities for school buildings and related structures which m~ be leased sold or donated to the school district for use in the educational system when authorized by the district school boazd. (v) To establish and create such departments cormnittees, boazds, or other aeencies, including a public relations committee as from time to time the boazd of supervisors may deem necessary or desirable in the performance in the acts or other things necessary to the exercise of the powers provided in this act and to delegate to such departments boards, or other a eg ncies such administrative duties and other powers as the board of supervisors may deem necessary or desirable. (_w) To exercise all other~owers necessary convenient or proper in connection with any of the powers or duties of said district stated in this act. The powers and duties of said district shall be exercised by and through the board of supervisors thereof. which board shalt aousssut have the authority to employ eneineers attomevs a¢ents employees and representatives asthe board of supervisors may from time to time determine and to fix their compensation and duties. However in addition thereto said district shall have all of the powers provided for in chapter 2_98 Florida Statutes All powers and authority of the district shall extend and apply to the district as a whole and to each unit of development as from time to time, may be desienated by the board of supervisors. (2) Notwithstanding anv authority contained within this section. the development, ~_.. ~~^~~^~^^~ ^f anv district facilities or services shall comply with the adopted comprehensive plan for St Lucie County and anv adopted land development re¢ulations adopted thereunder which ap,.ply within the aeoffaphic boundaries of the district. Section 5. Non-ad valorem assessments.-- (1) NON-AD VALOREM ASSESSMENTS --Non-ad valorem assessments for the construction operation or maintenance of district facilities services. and operations shall be assessed levied and collected pursuant to chapter 298 chapter 170 or chanter 197, Florida Statutes. (2) ASSESSMENTS AND COSTS• LIEN ON ASSESSED LAND: -All assessments provided for in this act together with all penalties for default in payment of the same and all costs in collectine the same shall from the date of assessment thereof until paid, constitute a lien of equal diyniri with the liens for counri taxes and other taxes of equal di>zatiri with county taxes upon all the lands aeainst which such assessments shall be levied as is provided in this act. f3) LEVIES OF NON-AD VALOREM ASSESSMENTS.--In levvin¢ and assessin¢ all assessments each tract or pazcel of land less than 1 acre in area shall be assessed as a full acre and each tract or pazcel of land more than 1 acre in azea that contains a fraction of an acre shall be assessed at the nearest whole number of acres a fraction of one half or more to be assessed as a full acre. Section 6 Unpaid assessments' penalty --All assessments provided for in this act shall be and become delinouent and bear cenalties on the amount of said assessments in the same manner as county taxes. Section 7 Enforcement of assessments --The collection and enforcement of all assessments levied by said district shall be at the same time and in like manner as county taxes. and the provisions of eeneral law relatinv to the sale of lands for unpaid and delinquent county aasssssai taxes• the issuance sale and delivery of tax certificates for such unpaid and delinquent counri taxes• the redemption thereof the issuance to individuals of tax deeds based thereon: and all other procedure in connection therewith shall be applicable to said district and the delinquent and unpaid assessments of said district to the same extent as if said statutory provisions were expressly set forth in this act. All assessments shall be subiect to the same discounts as counri taxes. Section 8. Issuance of revenue bonds. assessment bonds. and bond anticipation notes.-- L) In addition to the other powers provided the district, and not in limitation thereof, the district shall have the power pursuant to chapter 298 Florida Statutes and applicablegeneral law at any time and, from time to time, after the issuance of any bonds of the district shall have been authorized, to borrow money for thepurooses for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. (2 Pursuant to chapter 298, Florida Statutes, and applicable eeneral law, the district shall have the Bower to issue assessment bonds and revenue bonds, from time to time, without limitation as to amount for the puroose of financinrr those systems and facilities provided for in section 4. Such revenue bonds may be secured by, or payable from, the Bross or net pledee of the revenues to be derived from anyproiect or combination of projects; from the rates. fees. or other chaz¢es to be collected from the users of any~roiect or proiects• from any revenue-producing undertakine or activiri of the district: from special assessments; or from any other source or pled¢ed securiri Such bonds shall not constitute an indebtedness of the district and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxingpower of the district. j3) Any issue of bonds may be secured by a trust agreement by and between the district and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizine the issuance of the bonds or such trust agreement may pledee the revenues to be received from any projects of the district and may contain suchprovisions for protectine and enforcin¢ the riehts and remedies of the bondholders as the board may approve. includine, without limitation, covenants settine forth the duties of the district in relation to the acouisition, construction, reconstruction, oouueo-i i~rovement, maintenance, repair, operation, and insurance of any projects; the fixingand revising of the rates, fees, and chazees, and the custody, safeguazdine, and application of all moneys and for the employment ofconsulting_engineers in connection with such acquisition, construction. reconstruction, improvement, maintenance, repair, or operation. (4) Bonds of each issue shall be dated: shall beaz interest at such rate or rates, including variable rates, which interest may be tax exempt or taxable for federal income tax purooses; shall mature at such time or times from their date or dates; and may be made redeemable before maturiri at such price or prices and under such terms and conditions as may be determined by the boazd. (5) The district shall have the power to issue bonds for the pumose of refunding outstanding bonds of the district. Section 4 Existence.-The district shall exist until December 31.2111. Section 5. Ratification of prior acts and circuit court decrees; inconsistent acts and court decrees inapplicable.-All the acts and circuit court decrees taken by, for, and on behalf of the district since its creation, and all of the acts and proceedings of the boazd of supervisors, commissioners. and all other officers and agents of the district acting for and on behalf of the district, and any and all tax levies and assessments which have been made by the governing board for and on behalf of the district, are each and every one of them, and each and every part thereof, hereby ratified, validated, and confirmed; however, in the event of a conflict of the provisions of this act with the provisions of any other act or circuit court decree, the provisions of this act shall control to the extent of such conflict. Section 6. Chapters 9981 (1923). 10549 (1925). 12033 (1927), ]6032 (1933). 25447 (1949). and 65-1226.78-609.82-375, 87-447, 2012-240, Laws of Florida, aze repealed. Section 7. In case any one or more of the sections or provisions of this act or the application of such'sections or provisions to any situations, circumstances, or person shall for any reason beheld to be unconstitutional, such unconstitutionality shall not affect any other sections or provisions of this act or the application of such sections or provisions to any other situation. circumstance, or person: and it is intended that this law shall be construed and applied as if such section or provision had not been included herein for any unconstitutional application. Section 8. This act shall take effect upon becoming a law. oouucoa _-~- A bill to be entitled An act relating to the North St. Lucie River Water Control District, St. Lucie County; codifying, amending, reenacting, and repealing special acts relating to North St. Lucie Rivet Water Control District, a special tax district; providing that the name of the district shall be the North St. Lucie River Improvement District; providing for legislative intent; providing for applicability of chapter 298, F.S., and other general laws; providing additional authority relating to the provision of public infrastructure, services, assessment, levy, and collection ofnon-ad valorem assessments and fees, public fmance, and district operations; providing powers of the district; providing for compliance with county plans and regulations; providing for levy ofnon-ad valorem assessments; providing for collection, enforcement, and penalties; providing for issuance of revenue bonds, assessment bonds, and bond anticipation notes; providing a district charter; providing for existence of the district until a specified date; ratifying prior acts and circuit court decrees; repealing prior special acts relating to the district; providing severability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. (1) The reenactment of existing law in this act shall not be construed as a grant of additional authoriri to nor to supersede the authoriri of anv entiri pursuant to law. Exceptions to law contained in an~special act that aze reenacted pursuant to this act shall continue to apply. (2) The reenactment of existing law in this act shall not be construed to modifv. amend or alter anv covenants contracts or other oblieations of the district with respect to bonded indebtedness Nothine certainine to the reenactment of existine ]aw in this act shall be construed to affect the abiliri of the district to lew and collect assessments fees or chazees for the purpose of redeemine or servicine bonded indebtedness of the district. Section 2. Chanters 7973 (19191 8896 (1921) 9635 (1923) 11129 (19251. 12106 (1927) 12108 (1927) 12109 (1927) 14773 (19311 ]4774 (19311 14775 (19311. 16089 (1933). 22111 (1943) 22112 (]9431 22113 (19431 22]42 (19431 22]43 (19431 22144 (1943).22714 aossacsii ,~ (1945) 26790(1951) 28379(1953) 28647(1953) 57-842 65-1225.69-1544,96-529,2012- 237 Laws of Florida, aze codified reenacted amended and repealed as herein provided. Section 3. The North St. Lucie River Water Control District is renamed and the charter for such district is re-created and reenacted to read: Section 1. District renamed.--The North St. Lucie River Water Control District shall henceforth be known as the "North St Lucie River Improvement District." Section 2 District created and boundariesthereof.--For the purposes of providine ~blic infrastructure services the assessment. levy, and collection of non-ad valorem assessments and fees the operation of district facilities and services, and all other purposes stated in this act consistent with ch~ters L 89 and 298 Florida Statutes. and other applicable ¢eneral law an independent improvement district is hereby created and established in St. Lucie County. to be known as the North St Lucie River Improvement District the territorial boundaries of which shall be as follows. to wit: Commencing at the Northwest corner of Section 4 Township 35 South, Rance 38 East. thence run East alone the line dividin¢ Townships 34 and 35 to the Northeast comer of Section 5 Township 35 South Rance 40 East thence run South along Section lines to the Northeast corner of Section 20 Township 35 South Range 40 East: then East alone Section lines to the Northeast corner of Section 21 Township 35 South. Rance 40 East; thence run South alone Section lines to the Northeast corner of Section 4, Township 36 South Rance 40 East• thence run East along the township line to the Northeast comer of Section 3 Townshi~36 South Rance 40 East: thence run South alone Section lines to the Southeast corner of Section 15 Township 36 South Range 40 East; thence run West alone section line to the Southwest comer of Section 16, Township 36 South. Ranee 38 East thence run North alone section lines to the point of be ig nnine: EXCEPTING therefrom the South'h of Sections 1, 2 and 3, of Township 36 South, Range 39 East• and West(~l'/~ of North Yz of Southwest'/, of the Southeast Y. and South %: of Southwest'/. of Southeast'/, and East %: of Southeast'/< Section 4. Township 36 South Range 39 East East %n of Section 9. South Township 36 South. Rance 39 East; all of Sections 10 to 16 inclusive of Township 36 South Ranpe 39 East: the Southwest'/. of Southwest'/. of Section 5 Township 36 South Range 40 East; Lou 6 to 16 inclusive in rossi~~i the Southwest'/. and Lots 9 to 16 inclusive in the Southeast'/. Section 6 Township 36 South Rance 40 East all of Section 7 8 17 and 18 Township 36 South Rance 40 East; the Northwest'/, and that part of the West'/+ of the South''/z lvin¢ West of St. Lucie River Section 16 Township 36 South Ranee 40 East. Section 3 Provisions of other laws made applicable --The provisions of chanter 298. Florida Statutes and all of the laws amendatory thereof now existin¢ or hereafter enacted, aze applicable to said North St Lucie River Improvement District. North St. Lucie River Improvement District shall have all of the rowers and authorities mentioned in or conferred by said chapter 298 Florida Statutes. Section 4 Powers of the district compliance with county plans and re¢ulations: - (1) The district shall have the followin¢ powers: (a) To sue and be sued in its name in any court of law or inequity to make contracts. to adopt and use a comorate seal and to alter the same at pleasure. (b) To acquire by purchase ¢ift or condemnation real and personal procertv, either or both within or without the district and to convey and dispose of such real and personal property either or both as may be necessary or convenient to carry out the purposes or any of the purposes of this act and chapter 298 Florida Statutes. (c) To finance fund plan establish construct equip operate and maintain canals, ditches drains levees lakes ponds control structures or similar devices for water control and diversion and other works for water management and control pumoses. To acquire purchase finance fund Alan establish, equip, ocerate. and maintain pumas plants and~umpine systems for water management and control pumoses. fie) To finance fund plan establish construct, equip operate and maintain irrieation works machinery. and plants. (fl To finance fund plan establish construct improve pave equip operate and maintain roadways and roads necessary and convenient for the exercise of the powers of duties or any of the powers or duties of said district or the supervisors thereof; and to include as a component of roads pazkwavs bridges landscaping im¢ation draina¢e. bicycle and io¢¢in¢ paths street li¢htine traffic si¢nals road stripin¢ and all other customary elements of a modem road system. aossaw~i {g) To finance fund plan establish acquire construct or reconstruct, enlazge or extend eauio ocerate and maintain svstems and facilities £or urovidine transportation throughout the district including private or contract carriers, buses, vehicles railroads, and other transportation facilities to meet the transportation requirements of the district in activities conducted within the district. (h) To finance fund plan establish acauire construct or reconstruct enlarge or extend, eauio operate and maintain pazkina facilities within the district boundaries. (i) To finance fund clan establish acquire construct or reconstruct, enlazee or extend equip ocerate and maintain additional svstems and facilities for parks and facilities for indoor and outdoor recreational cultural, and educational uses. (i) To acquire construct. finance fund plan establish equip operate and maintain water plants and svstems to produce purify and distribute water for consumption. (k) To acauire construct finance fund establish plan equip operate, and maintain sewer svstems for the collection disposal and reuse of waste and wastewater and to prevent water pollution i the district. (1) To lew non ad valorem assessments prescribe fix establish, and collect rates fees rentals fazes or other charges and to revise the same from time to time, for the facilities and services famished or to be famished by the district and to recover the cost of makine connection to anv district facility or system. (m) To provide for the discontinuance of service and reasonable penalties including attomev's fees aeainst anv user or property for any such rates fees rentals, fares. or other chazges that become delinquent and require collection However no chazges or fees shall be estab]ished until after a public hearing of the boazd at the district at which all affected persons shall be given an opportunity to be heazd. ~,) To enter into agreements with anyperson firm or corporation for the famishing by such person firm or corporation of anv facilities and services of the type provided for in this act (o) To enter into impact fee credit agreements with local general puroose governments In the event the district enters into an impact fee credit aereement with a local general purpose government where the district constructs or makes contributions for public facilities for which impact fee credits would be available the agreement may provide that such ~~~~ impact fee credits shall inure to the landowners within the district in proportion to their relative assessments and the district shall from time to time execute such instruments, such as assignments of impact fee credits as may be necessary or desirable to accomplish or confirm the foreeoine. jpl To finance fund Alan establish equip construct operate and maintain facilities for and take measures to control mo~uitoes and other arthropods of public health importance. ~q) To finance fund plan establish acquire construct or reconstruct, enlazee or extend a ui operate and maintain additional systems and facilities for conservation azeas, miti ation areas and wildlife habitat includin¢ the maintenance of any plant or animal species, and any related interest in real or personal property. (r) To borrow money_and issue neeotiable or other bonds of said district as hereinafter provided• to borrow money from time to time and issue neeotiable or other notes of said district therefore bearin¢ interest at not exceeding the maximum interest allowable by law, in anticipation of the collection of levies and assessments or revenues of said district; to pled¢e or hv~thecate such levies assessments and revenues to secure such bonds, notes. or obli¢ations• and to sell discount neeotiate and dispose of the same. (s) To provide public safety includine but not limited to security, euazdhouses, fences and gates electronic intrusion detection systems and patrol cazs. when authorized by doper governmental aeencies• except that the district may not exercise any police power but may contract with the appropriate local eeneral purpose ¢ovemment aeencies for an increased level of such service within the district boundaries. (t) To provide systems and facilities for fire prevention and control and emereencv medical services including the construction or purchase of fire stations water mains and glues, fire trucks and other vehicles and equipment. (u) To finance fund plan establish acquire construct or reconstruct, enlaz¢e or extend eguiQ, operate and maintain additional systems and facilities for school buildin¢s and related structures which may be leased sold or donated to the school district for use in the educational system when authorized by_the district school boazd. (v~ To establish and create such departments committees boards or other aeencies, includine a public relations committee as from time to time the board of supervisors may deem necessary or desirable in the performance in the acts or other thines necessary to the exercise of ~,:,~}~ the Dowers provided in this act and to delegate to such departments boards or other agencies such administrative duties and other powers as the board of supervisors may deem necessary or desirable. (w) To exercise all other powers necessary convenient or Droner in connection with anv of the powers or duties of said district stated in this act The powers and duties of said district shall be exercised by and through the boazd of supervisors thereof which board shall have the authority to employ engineers attorneys agents employees and representatives asthe boazd of supervisors may from time to time determine and to fix their compensation and duties. However in addition thereto said district shall have all of the powers provided fot in chapter 298 Florida Statutes All powers and authorityof the district shall extend and apply to the district as a whole and to each unit of development as from time to time maybe designated by the boazd of supervisors. (2) Notwithstanding anv suthoriri contained within this section the development, operation or maintenance of anv district facilities or services shall comply with the adopted comprehensive plan for St Lucie Counri and any adopted land development regulations adopted thereunder which apply within the geographic boundaries of the district. Section S. Non-ad valorem assessments.-- (1) NON AD VALOREM ASSESSMENTS --Non-ad valorem assessments for the constructioh operation or maintenance of district facilities services and operations shall be assessed levied and collected pursuant to chapter 298 chapter 170 or chapter 197. Florida Statutes. (2) ASSESSMENTS AND COSTS• LIEN ON ASSESSED LAND: -All assessments provided for in this act together with all penalties for default in payment of the same, and all costs in collecting the same shall from the date of assessment thereof until paid. constitute a lien of equal dignity with the liens for county taxes and other taxes of equal digniri with counri taxes upon all the lands aeainst which such assessments shall be levied as is provided in this act. (3) LEVIES OF NON-AD VALOREM ASSESSMENTS --In leaving and assessine all assessments each tract or parcel of land less than 1 acre in area shall be assessed as a full acre and each tract or parcel of land more than 1 acre in area that contains a fraction of an acre shall be assessed at the neazest whole number of acres a fraction of one half or more to be assessed as a full acre. ODISIfi63-1 Section 6 Unpaid assessments• penalri --All assessments provided for in this act shall be and become delinquent and bear penalties on the amount ofsaid assessments in the same manner as county taxes. Section 7. Enforcement of assessments.--The collection and enforcement of all assessments levied by said district shall beat the same time and in like manner as counri taxes, and the provisions of general law relatinG to the sale of lands for unpaid and delinquent county taxes• the issuance sale and delivery of tax certificates for such unpaid and delinquent county taxes• the redem~ion thereof the issuance to individuals of tax deeds based thereon; and all other procedure in connection therewith shall be applicable to said district and the delinquent and unpaid assessments ofsaid district to the same extent as if said statutory provisions were expressly set forth in this act All assessments shall be subiect to the same discounts as county taxes. Section 8 lssuance of revenue bonds assessment bonds. and bond anticipation notes: - (I) In addition to the other powers provided the district, and not in limitation thereof, the district shall have the~ower pursuant to chapter 298 Florida Statutes, and applicable General law at anv time and from time to time after the issuance of anv bonds of the district shall have been authorized to borrow money for the purooses for which such bonds aze to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maximum amount of such bond issue. j, Pursuant to chapter 298 Florida Statutes and applicable General law the district shall have the Hower to issue assessment bonds and revenue bonds, from time to time, without limitation as to amount for the Pose of financins those systems and facilities provided for in section 4 Such revenue bonds maybe secured boor payable from the Gross or net pledce of the revenues to be derived from anv proiect or combination of~roiects• from the rates, fees, or other charees to be collected from the users of anv project or proiects• from anv revenue-producinG undertakinG or activiri of the district from special assessments• or from anv other source or pledeed securiri Such bonds shall not constitute an indebtedness of the district, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxingpower of the district. aoss~saea (3) Anv issue of bonds may be secured by a trust aereement by and between the district and a comorate trustee or trustees which may be anv trust company or bank havine the powers of a trust company within or without the state. The resolution authorizine the issuance of the bonds or such trust agreement may pledge the revenues to be received from anv proiects of the district and may contain such provisions for protectine and enforcing the rights and remedies of the bondholders as the beazd may anorove includine without limitation covenants settine forth the duties of the district in relation to the acquisition construction, reconstruction, ~rovement maintenance repair operation and insurance of anv projects: the fixine and revisine of the rates fees and chazees and the custody. safeguazdin~ and application of alI moneys and for the employment of consultive eneineers in connection with such acquisition, construction reconstruction improvement maintenance repair or operation. L) Bonds of each issue shall be dated• shall bear interest at such rate or rates, includine variable rates which interest may be tax exempt or taxable for federal income tax pumoses• shall mature at such time or times from their date or dates; and may be made redeemable before maturiri at such price or prices and under such terms and conditions as may be determined by the board. (5) The district shall have the power to issue bonds for the ~ur~se of refunding anv outstanding bonds of the district. Section 4 Existence -The district shall exist until December 3 t, 2111. Section 5 Ratification of prior acts and circuit court decrees; inconsistent acts and court decrees inapplicable -All the acts and circuit court decrees taken bv, for, and on behalf of the district since its creation and all of the acts and proceedings of the board of supervisors, commissioners and all other officers and agents of the district acting for and on behalf of the district and anv and all tax levies and assessments which have been made by the povenung boazd for and on behalf of the district are each and every one of them. and each and every part thereof hereby ratified validated and confirmed; however. in the event of a conflict of the provisions of this act with the provisions of anv other act or circuit court decree. the provisions of this act shall control to the extent of such conflict. Section 6 Chapters 7973 (19191 8896 (1921) 9635 (19231, 11129 (1925). 12106 (1927) 12108 (1927) 12109 (19271 14773 (1931) 14774 (1931) 14775 (1931). 16089 (1933). mssicaii 22111 L943), 22714 (L945), 26790 (1951), 28379 (1953), 28647 (19531, 57-842, 65-1225, 69- 1544, 96-529. Laws of Florida, are repealed. Section 7. In case anv one or more of the sections or provisions of this act or the application of such sections or provisions to anv situations, circumstances, orperson shall for any reason be held to be unconstitutional, such unconstitutionaliri shall not affect anv other sections or provisions of this act or the application of such sections or provisions to anv other situation, circumstance, or person; and it is intended that this law shall be construed and applied as if such section or Drovision had not been included herein for any unconstitutional application. Section 8. This act shall take effect upon becoming a law. ~,s~~, CHAPTER 2012-237 Committee Substitute for House Bill No. 593 An act relating to the North St. Lucie River Water Control District, St. Lucie County; providing an expiration date for the district contingent upon the district's submission of a draft codified charter to the Legislature; providing a repeal date for the act if a bill to codify the charter of the district is not filed by a specified date; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. The North St. Lucie River Water Control District shall exist Section 2. This act shall take effect upon becoming a law. Approved by the Governor May 4, 2012. Filed in Office Secretary of State May 4, 2012. EXHIBIT $ q ~q 1 CODING: Words striekea are deletions; words underlined are additions. Session, this act shall be repealed effective July 1, 2013. CHAPTER 2012-240 Committee Substitute for House Bill No. 619 An act relating to the Fort Pierce Farms Water Control District, St. Lucie County; providing an expiration date for the district contingent upon the district's submission of a draft codified charter to the Legislature; providing a repeal date for the act if a bill to codify the charter of the district is not filed by a specified date; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Approved by the Governor April 27, 2012. Filed in Office Secretary of State April 27, 2012. 1 CODING: Words stricken are deletions; words underlined are additions. Section 2. This act shall take effect upon becoming a law. Item No. Q Planning and Development Services Department Business &Concurrency Management Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICf?, Planning & Development Services Directai~ FROM: Michael Brillhart,Business &Concurrency Manager~f~ DATE: August 2, 2011 SUBJECT: Request for Legislative Support by the North St, Lucie River Water Control District and Fort Pierce Farms Water Control District to Extend Their Existence Beyond the Current 2016 and 2018 Sunset Dates Background• The North St. Lucie River Water Control District (NSLRWCD) was created in 1917 and the Fort Pierce Farms Water Control District (FPFWCD) in 1918 by a Decree of the Circuit Court for the purpose of effectively draining land for agricultural use. Both Districts are involved in drainage, flood control protection, and water management as outlined under Chapter 298: Drainage and Water Cohtrol Districts. Florida Statutes. The boundaries of the NSLRWCD include 65,000 acres and 200 miles of canals. Its total budget for year ending September 30, 2010 was $4.445 million. Its current revenue sources include anon-ad valorem special assessment, permit fees and grants. The boundaries of the FPFWCD include 13,000 acres and 50 miles of canals, Its total budget for year ending September 30, 2010 was $1.644 million. Its current revenue sources also include anon-ad valorem special assessment, permit fees and grants. The life of the North St. Lucie River Water Control District will sunset in 2016 while that of Fort Pierce Farms Water Control District in 2018, Both Districts will require an act of the State Legislature with the support of St. Lucie County in order to continue to exist beyond their sunset dates. ~ The County did receive requests in 2009 and 2010 from FPFWCD to extend its life ro ~ through 2050 but it included a request for specific powers similar to those of a Chapter = V 189: Special District. The County was unable to reach an agreement with the District. w '~- On behalf of the two Districts, Trigs & Associates has submitted a report on a Public Workshop on Extension of Life-for 298 Districts that was held on June 22, 2011. The purpose of the public workshop was to discuss the specific future roles of the North St. Lucie River Water Control District and that of the Fort Pierce Farms Water Control District in light of their respective 2016 and 2018 sunset dates. Representatives of both water control districts will be requesting support from the Board of County Commissioners at its August 9'h informal meeting and from the St. Lucie Legislative Delegation at its September Stn hearing to extend their lives. Based upon discussion at the workshop, both Districts were able to develop three recommended options for Board consideration. These options will be presented by Trias & Associates at the Board's August 9th informal meeting and include: 1. Do not extend the life of the two Districts and St. Lucie County will take over their responsibilities. 2. Extend the life of the two Districts under Chapter 298 Florida Statutes as a "Drainage and Water Control District". 3. Extend the life of the two Districts under Chapter 189 Florida Statutes as a "Special District". If the County does nothing, then St. Lucie County will become responsible for maintenance of the canals which could include anon-ad valorem assessment similar to that which is currently levied. The County could also become responsible for the reducing the TMDLs for the canals in these districts. Recommendation: County staff does not have an objection to the extension of the lives of the North St. Lucie River Water Control District and the Fort Pierce Farms Water Control District as Chapter 298• Drainage and Water Control Districts. cc: Faye W. Outlaw, MPA, County Administrator Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attorney Don West, Public Warks Director Karen Smith, Environmental Resources Director Mike Powley, County Engineer Summary There are two 298 Districts in St. Lucie County: North St. Lucie River Water Control District (NSLRWCD) and Fort Pierce Farms Water Control District (FPFWCD). They were created almost a century ago, with a life of 99 years, and a single mission. of draining land for agricultural development by conveying water to the tide quickly and efficiently through a network of engineered canals. The two Districts are generally located west and northwest of the City of Fort Pierce, in unincorporated St. Lucie county. . North St. Lucie Water Control District was created in 1917, and has been responsible for drainage, flood control, flood protection, water management and reclamation of lands within its boundaries. The NSLRWCD includes 65,000. acres to the west of the City of Fort Pierce. Future land uses and zoning are generally agriculture, and are administered by St. Lucie County. If the District's life is not extended, the District will cease to exist on November 7, 2016. Fort Pierce Farms Water Control District was created in 1919 and has provided the same services for 12,000 acres of land northwest of the City of Fort Pierce. In 2008, the County Commission adopted the Towns, Villages and Countryside element of the Comprehensive Plan (TVC), which encourages close integration of infrastructure and development in the form of complete neighborhoods that form town surrounded by the countryside. The TVC area is roughly consistent with the District's boundaries. If the District's life is not extended, the District will cease to exist on July 10, 2018. Conditions have changed significantly in St. Lucie County since these two Districts were created and it is time to revisit their roles and their future. Unlike a century ago, at the present time there is an increased awareness of the environmental effects of a drainage system that does not encourage conservation or water quality. Secondly, in the 21st century it is expected that some Lands within the Districts will be developed for urban land uses, and require enhanced coordination and design of infrastructure, with the goal of balancing the needs of urban and rural uses in ways that are sustainable and encourage economic growth in St. Lucie County. Although St. Lucie County has initiated the process with the TVC concept and other planning activities, much work remains to establish an effective process for the implementation and long-term management of land as development occurs. St. Lucie County and-the two special Districts have the opporhmity to partner in this effort as the extension of life of the Districts and their future responsibilities are defined. The conclusions can be summarized in three main policy alternatives: Do not extend the life of the two Districts and St. Lucie County takes over their responsibilities Currently, the two Districts have limited capabilities but provide a service that must continue. If no action is taken by the Florida legislature, with the support of St. Lucie County, North St. Lucie River Water Control District and Fort Pierce Farms Water Control District, then the Districts will sunset by the year 2018 (one in 2016 and the other in 2018). At that point, the two extensive networks of canals will be the responsibility of St. Lucie County. The County will have to establish a process to manage and maintain the systems and this may require additional funding and staffing for St. Lucie County. In addition, the transition to full County responsibility would have to start immediately, as the two Districts would not be able to borrow money due to their impending sunset to make repairs andimprovements, and would be unable to deal with the effects of a major tropical storm or hurricane. • Extend the life of the two District under Chapter 298, Florida Statutes The second policy option is an extension of time, preferably in perpetuity, without any changes in the responsibilities of the Districts. While the 298 drainage law may have been appropriate for conditioris a century ago, current regulations and comprehensive plans require enhanced planning, engineering and monitoring of development activities. The 298 Districts would have a limited role in the process, and St. Lucie County would have to became increasingly engaged in the planning, construction and implementation of infrastmcture within the Districts boundaries. This may require the allocation of additional funding or staff on the part bf St. Lucie County. • Extend life of the two Districts under Chapter 189, Florida Statutes The preferred option would be to reestablish the districts under Chapter189, F.S. This legislation was created to provide an effective framework for the environmental and development challenges that exist today, and were not anticipated a century ago by the 298 statute. The main advantage is that a 189 District may, at the discretion of St. Lucie County, have responsibilities beyond drainage and flood control. As environmental regulations and development regulations have changed in recent decades, there is a need to provide additional public services, and 189 Districts are established to fill this role. The consensus of the Board of Supervisors of the two Districts is to implement the third option and that is to extend life of the two Districts under Chapter 189, Florida Statutes. fl `'~, "l7 =t7 ~~ ~~ m ~ o ~ z~ ~~ o ~ ~ r O Y ('~ !J ~~ ti y ~~ ~~~ ° ~ g~ ~~~ ~ ~r f ~~ iii( ~~( "a" i ~ ~i l~gj ~:~ P:\Y<-04]IYMpsiGONRtOL6f-02LSfMNbn9.9]NY1t011100:d5 NA: RuSSA.IHfNIrc. ~~: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA INFORMAL MEETING Date: August 9, 2011 Convened: 9:00 a.m. Adjourned: 11:42 a.m. Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod Mowery Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Roger Shinn, Central Services Director, Todd Cox, Airport Manager, Mark Satterlee, Planning and Development Director, Michael Brfllhart, Special Projecs Manager The Chairman advised the Board members and those present they would be discussing Item number 5, (Mats) first so that they could meet their commitment. _ The County Administrator addressed the Board and asked the Board to provide direction as to what they would Ilke to see In form of action for the August i61h meeting. The County Attorney addressed the Board stated he was looking for conceptual approval of the Phase 1 improvements of the stadium which entails the purchase of a digital scoreboard and renovation of the right field terrace at an estimate of $2.6 million this would require an extension of the Tourist Development Tax. He advised the Board they have an existing agreement with the Mets which expires in 2018 with a 5 year extension clause to 2023. The Mets have made proposals, however nothing is firm atthis point all is conceptual. The County Attorney advised the Board they would need to decide if they wish to have a baseball team continue to use the stadium. Staff Indicated they would recommend they do because it does create job and creates a name for the area. Com. Craft asked if what was being proposed impacts the general fund. The County Administrator indicated It does not. They are looking to be general fund neutral and are looking more toward assisting the general fund with revenues. She advised the Board they would be having a follow up discussion on the equipment needs. Com. Mowery questioned Ifthe Mets have the ability to decide they do not wish to remain here. The County Attorney indicated the team does have the ability to do this. The agreement does contain an "out clause", however the longer they stay the less they pay, Mr. Doug Anderson, representing the Met's organization provided renderings of the project and reviewed the expansion. He advised the Board he was not sure when the other phases of the project would start. It was the consensus ofthe Board to direct staff to schedule this Rem discussion and approval for August 16, 2D11. 2012 STATE LEGISLATIVE DELEGATION The Strategy and Special Projects Manager provided the Board with those Items he would like Board direction on movingforward for consideration by the Legislature in 2012 session. EXH~B~T, 1 o jl~t( 9 i. , There were 5 Issues last year and 3 letters of support totaling B items. He indicated the county has been favoring the Renewal Energy Issue and he hopes the state establishes criteria and standards. In 2011 no action was taken. - The Inmate Medical Treatment, the state is charged 100%of the Medicare rate and the proposed S10Yo would be of great benefit to the county and he will continue to recommend this through 2012. He Is also recommending maintalningthe ship trust funding and the transit disadvantage funding. There were no new funds allocated by the state. Com. Craft addressed re-affirmingtheir support forthe Am-Trak train project and asked it be stipulated. Water Quality-There was concerns with the nutrients going out to tide. He believes there will 6e numerous nutrients in place next year, and the recommendation is not to pursue this item in 2012 based on the information. Com. Dzadovsky stated he would be moving more towards the astringent regulations. Com. Lewis stated she would support removing it from the 2012 requests. Staff advised the Board at this time they are not sure what the state will come up with. Pre-Trial Release- Staff recommended this Item be continued through the 20121egislatfon. C-23.24- Staff believes this program is a good program they feel the funding is there however they believe they cannot move it up any sooner and based on that staff believes they can remove this from the list of requests. Community Affairs- Staff is not recommending continuing the letter of support due to the division being moved to different areas. Juvenile Assessment- Staff indicated they would like to see the uniform state funding to continuethraughtho 2012 session. Cam. Hutchinson stated the state had indicated they had not seen the figures showing the effects ofthe unfunded mandates or the change In the laws. She recommended asking the state to review their formulas. She believes they may be losing revenues. Com. Craft stated he supported both Issues. Com. Dzadovsky concurred. Com. Mowery stated with the mandates he concurs but the reality is the revenue sharing they are looking to cut. Com. Lewis indicated she supports both Com. Dzadovsky stated he believes they need to have this discussion. Amendment 1 hurt the county's revenues and felt It was not a good time to be Implemented. Com. Hutchinson stated she would rather have it graduated in se that the budgets can take the hh. Com. Dzadovsky stated he would like to look at the renewable energy portfolio standards. He believes this is their next economic engine forthe state. He would like to be a part of the discussion. Fort Pierce Water Farms Distrtct- Staff addressed the sun-setting of the district in the neM 7. years. They are requesting support from Board so that they can address the delegation to extend the life of the district. The legislation will not act on this Issue wtthout the support of the Board of Couhty Commissioners. He advised the Board the sun-setting will affect their bonding efforts. Mr. Fee, Counsel for the Water District addressed the Board and stated Mr. Steve Pemental, Palm Beach County is here to address any questions. He stated shortte4rm borrowing Is constrained and the sun setting affects their bonding capability. Mr. Pemental, Special District Services, indicated the districts they are talking about are the 298 districts. They do not have the power to deal with the issues being discussed and they will look to the county for assistance. They do not have the funds to address the existing issues on their own. He addressed the 1895peclal District Accountability Act. The Act passed in orderto bring all the distrlcts under one standardized umbrella. They must comply with the County's Comprehensive Plan and cannot do any projects wtthout obtaining a permit from the county. Com. Craft stated they are looking at the 189 Special Districts as a CDD (Community Development Distdct) and asked If 189 were premature. Mr. Pemental stated there are some water quaBty issues that must be met. This would provide a funding source not at the taxpayer's risk. Com. Craft expressed his concern wkh expanding the powers of the 298 districts not knowing what they will be. He does not have a problem with expanding the life of the district but has a problem Ft. Pierce Farms where they have requested the boundary be expanded and he has requested Kings Highway be removed from the 298 dueto large project proposed for that area. Mr. Fee stated this would need legislative action. Mr. Pemental stated the 298 has served its purpose and this Is one of the main concerns in amendingthe distrlcts and if a canal is removed they do not have control as to what goes into the canal and what goes out and this is a problem. Cam. Craft stated his concern Is when Kings Highway Is widened what may need to happen with that canal. Mr. Pemental stated he believed they would on the same page since they have keen managing the canals for years. Com. Graft stated it Is becoming more of an urban system than a rural system which is what is was to be in the beginning and he does not believe they can give more leverage due to that. He does not believe they need to have the 189 to achieve the goal. Mr. Pemental addressed the Abocoa development and Its success. He also addressed the cap imposed by legislation. Com. Hutchinson asked If any of the Boards have taken a stand Mr. Pemental indicated there is not a 100% consensus. The County Attorney stated the 189 has broader powers and advised the Board the 189 may 6e a good alternative provided R is with limited powers and exclude things we do not want them to have. He recommended extending the Ilfe of the 298 district for a period beyond and direct staff to try to negotiate an interlocal agreement on the transfer ofthe FY. Pierce Farms but maintain control and further investigate the 189 to see if we can move in that direction with limited powers. The DEP position is that they will receive allocation and will be required to deal with water quality. Com. Craft stated he would support looking at the 189 with limited powers and work with staff to identify what those limitations will be. The County Attorney stated he was not advocating the 298 or the 189 he was only providing some options. Com. Craft stated he would support extending them beyond 40 years ifthe lnterlocal can be worked out and the limitations. Mr. Fee indicated that more than 40 years would be okay so that they do not have to come back to the Board each time. Com. Hutchinson recommended going back to the 99 years Justto keep it going and she would like information pertainingto Kings Highway canal and why h is so Important. Mr. Fee indicated they will glue the assurance their engineer will work with Don West and the County Engineer and all they need Is the ability to control flaws and nutrientr. He stated they could probably only accomplish a letter of memorandum of agreement during the time frame. The County Attomey provided the following direction for clariflcatlon: The Board is supporting extending the Ilfe of the 298 Districts for 99 years and directing staff to attempt to negotiate a memorandum of understanding with an ultimate interiocal agreement on Ft. Pierce Farms transferring the pennltting of certain canals to the county and support further Investigation of the 189 districts with limited powers the Boards are collectively comfortable with. Mc Fee concurred wkh this recommendation. - I[ was the consensus of the Board to approve the summary direction provided by the County Attorney. DC WATER SOLAR Staff advised the Board a company from Connecticut has contracted with a company in Florida to install PC systems in Florida. These systems can be installed on multiple building and there are no caps, DCS leases the system to county for 5 years at no cost the installation is free, the county is obilgated to pay for engineering, permitting costs in addition if It was determined that ground mounting would be needed there would be additional costs. Afterthe 5 years the county has the ability to keep the system. They estimated a savings of $1200 to $4,000 per system. When calculated he found it to be between $520.00 to $2,300 per system to savings. Com. Craft stated he does not know of any building that only spends $520.00 so there would not 6e any metering and though[ the numbers in savings would be larger. The Central Services Director stated they are looking at 5 locations and other could be done on the ground, but he Is not recommendingthis due to possible vandalism. Com. Dzadovsky addressed the county lookingto move toward energy savings. Com. Craft stated he did not have a problem moving forward with this but wishes to be careful The County Administrator advised the Board there are some challenges with this proposal. i_ _, _, Com. Mowery stated he was not sure there was going to 6e a savings and he is not sure he is in agreement and he supports solar systems but Is not sure this is the one to utilize, He has concerns with the insurance issues and other Issues noted In the proposal. Com. Dzadovsky recommended contacting Indian River State College when they get their division up and running. The following limitations were noted: 1. Must go out for competitive bid or piggybacking onto another municipalities contract 2. Must sign by October 14's, the grant expires 12j31 3. County staff time and cost for engineering, permitting, fencingfor the ground mounts Com. Dzadovsky recommended looking Into utilizing the apprenticeship program to lower costs. Staff advised the Board the company use their own installers The County Administrator stated the Board cannot enter into a contract with this company. It must go out to bid and ifthis company Is awarded the bid then it can go forward or go with a piggyback contract with a municipality. The Assistant County Attorney stated Lee County went out for proposals and there were 4 or 5 proposers. They awarded the contractto DCS hutthen rescinded and she does not know the reason, so we would not have another county to piggyback on and our county would have to go outfor proposals. Staff provided a letter indicating a competitor In the energy Industry had expressed concerns and this was the reason they rescinded and provided more information. Com. Dzadovsky stated the city of Port St. Lucie installed their system on the parking garage and maybe they should look at that system and review the data. Com. Craft stated he was not opposed to getting more information Com. Dzadovsky stated he would Ilke more information on the energy savings in the systems nearby. The County Attorney stated they could see what Port St. Lucie has done and the cost and see what value the energy credits have. The county could set the pa rameters to mirror what the Board's interests are. There being no further items to be brought before the Board, the meeting was adjourned QOARD OF COUNTY ~ COMMISSIONERS HeorherYoung Katherine Davis 13orbieri October 23, 2012 Frank H. Fee III, Esquire Fee, DeRoss d Fee, P.L. 426 Avenue A Fort Pierce, Florida 34950 RE: Fort Pierce Farms Interloeal Agreement Dear Speedy: COUNTY ATTORNEY Doniel;5. Mclnryre ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY' ATTORNEY Enclosed is a copy of a memorandum dated October 19 from County Pu61ic works Director Don West containing Mr. West's comments on the draft Interlocal Agreement. If you have any questions, please let me know. ~ Sincerely, ;---- Daniel 5. McIntyre County Attorney DSM/caf Enclosure Copy to: Public Works Director EXHIBIT ~ u~n a "-:'c DZA7C--:Y`- i c Nc "aJ :'.O`l'FRY „ - 2 ~A~__A :. 1iw95 J5°c Na ? FRANNVE H~KHINSON DSrnp NO d .CHRIS CRAFT Onmv Nc 5 2300 Virginia Avenue • Fr. Pierce. FL 34982-5652 • Phone (772) 462-1441 FAX (772) 462-1440 • TDD (772) 462-1428 PUBLIC WORKS DEPARTMENT MEMORANDUM ,. _ . TO: Daniel McIntyre, County Attorney , FROM: Don West, Public Works Director 1~~`t" SUBJECT: Fort Pierce Farms Interlocal Agreement n w~re. nrrn6eH9.2M2 Based upon my review of the draft Interlocal Agreement provided by Mr. Frank Fee, III, Esquire, I offer the following comments: I think we need more specific definition of some of the issues that are of Immediate interest to our Board. The first issue relates to our Intersection expansion projects on SR 713 (Kings Highway). We are currently designing three (3) intersection expansion projects on Kings Highway, including: Indrio Road Intersection, Orange Avenue Intersection and Angle Road Intersection. Some reference to these projects in the Interlocal is desired. Inclusion of language to describe that Fort Pierce Farms will work with the County to resolve the issues of ownership with FDOT is desired. The second issue relates to the 298 District canals within the boundaries of the St. Lucie County Airport. The County would like to have greater flexibility in future Airport expansion projects with regard to canal locations. A method that would allow for Fort Pierce Farms Water Control District (FPFWCD) to preserve the goals and permit functions of the 298 District, and still meet the Counties future needs within the Airport boundaries is desired. Some reference to the Airport canals is needed in the Interlocal. 1 believe the Issuesrelated to the Towns Villages and Countryside (TVC) "Flow Way" are addressed in the draft agreement. The last issue involves the permit review fees for the FPFWCD permits. The existing fee schedule based upon payment of Consultant review time is not acceptable to the County. This results invariable permit fees for each project that are too unpredictable and difficult to budget. We would suggest development of a fee schedule for Government permits to be included by reference in the Interlocal Agreement. The permit fee schedule used by SFWMD might serve as a potential model. A tiered system that allows for flat fees based upon the relative size of the project, would work for the County purposes. There may 6e other issues that need to be addressed in the Interlocal Agreement, and these comments will serve as a starting point. Previous discussions about the Interlocal Agreement have included County Staff members from the Airport, Environmental Resources, Engineering, Planning & Development Services, and Administration. Please let me know if you need additional clarification or information. Thank you for your help in Considering our concerns. cc: Faye W. Outlaw, MPA Coun[y Administrator, ICMA-CM Michel Powley, County Engineer Karen L. Smith, Environmental Resources Director Mark Satterlee, Director of Planning & Development Service INTERLOCAL AGREEMENT (FPFWCD) This INTERLOCAL AGREEMENT ("Agreement") dated this day of 2012, is by andbetwcen ST. LUCIE COUNTY, apolitical subdivision ofthe State of Florida ("County")and FORT PIERCE FARMS WATER CONTROL DISTRICT, aquasi- public corporation organized and existing under the general drainage laws of the State of Florida (Chapter 298, FIa.Stat.) ("District"). WITNESSETH: WHEREAS, District was fortrted many years ago by the owners of lands within-its boundaries in order to drain swamp and overflowed lands to reclaim them Cor productive use; and W HEREAS, District owns and has installed a grid system ofcanalrights-of-waywith weirs, gates and other structures in order to retain and detain water to improve its quality and manage its discharge to the Indian River lagoon; and WHEREAS, County recognizes the value of the grid system of canals made and operated by District as a primary storm water conveyance and out flow system to the Indian River Lagoon, and has successfully encouraged the Florida legislature to extend the corporate life of District; and WHEREAS, from time to time the grid system ofcanalrights-of--way of Districts affects or conflicts with County transportation works, other public works and utilities projects necessary to serve a burgeoning population; and WHEREAS, the policy of District is, and hes been, to cooperate with County and other state agencies when canal rights-of--way conflict with the preferred designs for expansion and improvement of roads and other public works; and WHEREAS, County had adopted the Towns, Villages and Counstryside ("TVC") element of its Comprehensive Plan that contemplates the creation of a Flow Way as a linear detention system to improve water quality; and WHEREAS, Development of the Flow Way, as in the case of transportation and other infrastructure, will require the cooperation ofDistrict in respect of canal relocations and management of water elevations. NOW, THEREFORE, the premises stated IT IS AGREED as follows: Pnge 1 or 4 1. General. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. 2. District Assistance. District agrees with County that it is the policy of District, its governing board, and its professional staff, to cooperate and assist County, its govemiag board and staffwith the design and installation ofnecessary public works, including roads, utility installations and the contemplated TVC Flow Way. 3. DetailsofCooperaNon. ThecooperationandassistanceofDistrictmayinclude,but not be limited to, relocation ofDistrictrights-of--way and the piping of such rights-of--way in order to pemtit surface use ofrights-of--way azeas. 4. Conditions to Cooperation. Generally, it shall be understood that the woperation of District shall not result in adverse affect upon the budgetary constraints of District or to the hydrologic capability and capacity of the rights-of--way (as the same may be relocated) or the overall system of District as determined by the Drainage Engineer of District in consultation with the County engineer and other design professionals engaged by County. 5. Professional Charges. It is the policy of District that the professional fees and charges of its Drainage Engineer and other staff members associated with the modification of its rights-of--way and system in aid of land development or urbanization, be reimbursed to District by the benefitted parties, public ar private. In order to meet the budgetary needs of County that often involve grants of funds from other agencies, based upon committed budgets for constmction, District has, and will continue to, direct its Drainage Engineer to derive a schedule of advance fees determined to be adequate to prevent economic loss derived from overruns of time expended, County will cooperate with the Drainage Engineer and his staff in the creation of a schedule of review fees taking into consideration that use by County of professionals from other locations sometimes impacts adversely initial proper design due to unfamiliarity with local conditions, particularly as relate to storm water and water management. 6. Amendment. This Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 7. Termination. Either party may terminate this Agreement without cause upon ninety(90) days prior written notice to the other party. In the event of temtinalion, the parties agree to execute any documents needed to restore the position of the parties as it existed before this Agreement was approved. 8. Notices. All notices, requests, consents, and other communications required or permitted to be given 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 Paae 2 of 4 messenger or courier services, telecommunicated, or mailed (airsnail if international) by registered or certi£ed mail {postage prepaid), return receipt requested, addressed to: As to the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to the Dtstrict: Fon Pierce Farms Water Control District 14666 Orange Avenue Fon Pierce, Florida 34945 With copy to: Frank H. Fee, lu, Esq. Fee, DeRoss & Fee, P.L. 426 Avenue A Fon Pierce, Florida 34950 ortosuchotheraddressasanypanymaydesignatebynoticecomplyingwithlhetemtsofthisSection. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the dale telecommunieated if by telegraph, (c) on the date of transmission with confirmed answer back 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 maybe, if mailed. 9. .Effectiveness. ThisAgreemenlshallberecordedinthePublicRecordsofSt.LucicCounty, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parries hereto have caused the execution hereof by their duly authorized officials on the dates stated below. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND ey: Couoty Attorney res~ a os a FORT PIERCE FARMS WATER CONTROL DISTRICT ATTEST: Clerk APPROVED AS TO FORM AND CORRECTNESS: sy: Disldc[ Attorney Dele: Pege 4 of 4 This packet will cover Item No. 4 on the Informal meeting agenda and also Item No. IV on the Special Board meeting agenda. ITEM NO. IV AGENDA REQUEST DATE: 12!11/12 REGULAR X PUBLIC HEARING LEG. QUASI-JD CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart SUBMITTED BY: Administration Business & Strategic Initiatives SUBJECT: 2013 State Legislative Issue Requests BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A. RECOMMENDATION: Board authorization to submit nine Legislative Issue Requests and two Letters of Support to the St. Lucie County Legislative Delegation as outlined in the attached memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM t COORDINATION/SIGNATURES County Attorney (X) Originating Dept. (X ) Daniel S. McIntyre County Administration MEMORANDUM TO: Board of County Commissioners ~r(~~ VIA: Faye Outlaw, County Administrator, MPA, ICMA(-C W FROM: Michael Brillhart, Business & Strategic Initiatives MaYfager ~a DATE: December 11, 2012 SUBJECT: 2013 State Legislative Issue Requests As the Board has been made aware, the St. Lucie Legislative Delegation hearing for the 2013 State Legislative Session will be held on Monday, December 17th from 9:00 am to 12:00 noon at the Kight Center at IRSC. The hearing will provide an opportunity for county residents, local governments, not-for-profit entities and interested stakeholders to present issues for consideration by the State Legislature during their 2013 Session which is scheduled to begin on March 5, 2013 in Tallahassee. Senator Joe Negron is serving as the Chair for the local delegation hearing. Senator Negron's office has requested Legislative Issue Requests be submitted by Wednesday, December 12tH In order to meet that deadline, in conjunction with the Informal Board Meeting on December 11th, the County Administrator is scheduling a Special Board meeting so that the Board can take formal action on the recommended 2013 Legislative Issue Requests and Letters of Support. Backnround: Below is the list of the Legislative Issue Requests and Letters of Support submitted to the 2012 Local Legislative Delegation Session and a summary of the actions taken by the State during the 2012 Legislative Session. Items Actions Renewable Ener No action taken. Inmate Medical Treatment Billin No action taken. Maintain SHIP and Transportation Disadvanta ed TD Trust Fund Trust funds maintained. However, fiscal year fundin was not approved for SHIP. Pre-Trial Release Legislation specific to indigent income criteria did not pass. Revise State Revenue Formulas Voters did not approve the Constitutional Amendment on November 6, 2012. Unfunded State Mandates No action taken. Extend the Life of FPFWCD and NSLRWCD 99 ear life extension approved b Le islature. Hazardous Waste Mana ement Assessment No action taken. Letter of Su ort -Juvenile Assessment Ctrs. No action taken Letter of Sup ort -AMTRAK Reinstatement No action taken In consideration of action taken by the State Legislature in 2012, staff is recommending the continuation of the following: Legislative Reauests: 1. Renewable Energy -Renewable Portfolio Standard (RPS) A Renewable Portfolio Standard (RPS) would establish meaningful standards for renewable energy alternatives in the state and help promote investment by both public and private sectors. The RPS would utilize a Renewable Energy Certificates program to stimulate new markets for private solar companies to invest more significantly in Florida (see the attached Board adopted Resolution No. 10-292). The number one alternative identified in a study commissioned by the Florida Public Service Commission is rooftop solar. Florida needs to aggressively pursue and promote rooftop solar and other highly recommended renewable energy technologies. The state should also provide opportunities for private investors and individual homeowners to be a part of distributed generation, allowing for fair participation of Florida residents in the production of power. Legislative Issue Recommendation: St. Lucie County encourages our Legislators to adopt Renewable Portfolio Standards (RPS) for renewable energy. 2. Inmate Medical Treatment Billina On February 9, 2010, The Board of County Commiss supporting efforts by the Legislature to amend s.901.35, made from county or municipal general funds to a prov care, treatment, hospitalization and transportation of an 110% of the Medicare allowable rate for such service" 063). Under s.905.6041, F.S, the Florida Department of medical services at 110% of the Medicare allowable rate. oners adopted Resolution 10-063 F.S. providing that "any payments der under this section for medical arrested person shall be made at (see attached Resolution No. 10- Corrections pays for State inmate Legislative Issue Recommendation: St. Lucie County urges our Legislators to adopt a standardized state-wide reimbursement amount paid by counties to medical providers at the established 110% of the Medicare rate consistent with the rate paid by the State Department of Corrections for inmate medical treatment. 3. Maintain and Provide Funding for the State Housing Initiative Program (SHIP) And Transportation Disadvantaged Trust Funds The State Housing Initiative Program (SHIP) and the Transportation Disadvantaged (TD) program are trust funds established by the State through user fees. These two programs provide vital housing and transportation services that assist our most vulnerable citizens with a hand up rather than a hand out. In FY 2012, the State Legislature provided funding through the TD trust fund for the Transportation Disadvantaged program but not for the State Housing Initiative Program. Legislative.Issue Recommendation: St. Lucie County urges our delegation to not divert the SHIP and Transportation Disadvantaged trust funds to the State general fund. 4. Pre-Trial Release Program In consideration of recommendations supported by the Florida Association of Counties (FAC) together with practical experience gained by the County in its pre-trial release program, the County recommends revisions to the non-monetary pre-trial program reporting requirements and the ability of the County to impose pre-trial release fees in consideration of an individual's ability to pay. Legislative Issue Recommendation; St. Lucie County supports: • Maintaining county ability to provide non-monetary pre-trial release services that ensure the safety and welfare of local communities. • Changing pre-trial program reporting requirements as provided in s.907.043, F.S., from weekly to monthly updates. • Legislation that allows counties to impose pre-trial release fees based on an individual's ability to pay. St. Lucie County opposes: • Legislation limiting the discretion of the first appearance judge, requiring presumption of release on non-monetary conditions, requiring written reports and certification of defendants for release. 5. Unfunded State Mandates Currently, there are limited restrictions placed upon the State for adopting unfunded mandates that fiscally impact local governments. There have been a series of adopted state mandates, including additional property tax reform measures and Amendment 1 in 2008, that have adversely impacted the County's finances, operations and levels of service. Legislative Issue Recommendation: St. Lucie County requests the Florida Legislature to adopt legislation that would further restrict the ability of the State to impose unfunded mandates upon local governments. Hazardous Waste Management Assessment In 2009, the State adopted inspection revisions to the Small Quantity Generator Assessment, Notification and Verification program implemented in accordance with Hazardous Waste Management Assessment criteria through Part VI of the Water Quality Assurance Act of 1983. Guidelines administered through the Florida Department of Environmental Protection (FDEP) in accordance with s5.403.7226, Florida Statutes require each county or its regional planning council to undertake an assessment of all known or potential Small Quantity Generators (SQG). These 2009 guidelines require inspection assessments of SMGs thus increasing county compliance and regulatory costs. Pre-2009 guidelines allowed for less restrictive and minimal cost telephone or mail assessment notification and verification procedures. Legislative Issue Recommendation: St. Lucie County requests the State Legislature to revise the 2009 adopted inspection guidelines for the Small Quantity Generator Assessment, Notification, and Verification program as referenced in ss.403.7226, Florida Statutes to pre- 2009 guidelines. 7. Oppose the Florida Department of Corrections Legislative Budget Request (LBR) The Florida Department of Corrections has proposed a Legislative Budget Request (LBR) for FY2014 that would amend Section 944.17(3)(a), F.S. to state that "on/y persons with 7 year or more left on their sentence (at time of sentencing) are to be sent to state prison". 'This proposal would reduce the population of inmates in state prisons and increase the population of inmates at county jails thus increasing the housing and medical costs at each jail. The initial projected impact to the St. Lucie County jail would be an additional 200 inmates per year with an estimated cost of $5.84 million. Legislative Issue Recommendation: St. Lucie County is requesting the Legislature to deny this Legislative Budget Request as submitted by the Florida Department of Corrections. 8. Amending the Boundaries of the St. Lucie County Mosquito Control District Amend the boundaries of the St. Lucie County Mosquito Control District to eliminate the Beau Rivage subdivision (129 acres) from the District and add the Aero Acres subdivision and the Riverland/Kennedy Groves subdivision within the City of Port St. Lucie into the District. Beau Rivage is requested for elimination due to its annexation into Martin County through action taken by the state and neighborhood residents during the 2012 State Legislative process. The boundary additions are requested as the District currently performs mosquito control services within these two subdivisions and existing homeowners are levied a mosquito control tax millage for this operation. Legislative Issue Recommendation: St. Lucie County is requesting the Legislature to support and approve an amendment to the boundaries of the St. Lucie County Mosquito Control District. 9. Protection of the Ecosystem Management & Restoration Trust Fund for the Development Implementation, and Administration of the State's Beach Management Plan The Florida Department of Environmental Protection recently reorganized the Division of Water Resources Management to include the elimination of the Bureau of Beaches & Coastal Management. This Bureau was initially created to carry-out the planning and administration of the State's "Beach Management Plan" as funded through the Ecosystem Management & Restoration Trust Fund (EMRTF). Section 161.091, F.S. specifically ensures that the EMRTF be used for statewide beach management planning for "erosion control; beach preservation, restoration, and nourishment; and storm and hurricane protection". The Florida Shore & Beach Preservation Association (FSBPA) is concerned that with the elimination of this Bureau the beach management program is now combined with 11 other disparate programs within the Water Resource Management Division. During the 2012 Legislative Session, St. Lucie County received $4.6 for beach restoration through a priority recommendation of this Bureau. As such, the FSBPA is asking local officials to support their efforts to ensure that state dollars allocated by the Legislature through the EMRTG go only to priority beach and inlet projects that leverage federal and local matching dollars and administrative support directly committed toward statewide beach management. Legislative Issue Recommendation: St. Lucie County is requesting the Legislature ensure that Ecosystem Management & Restoration Trust Funds "appropriated for statewide beach management be used for statewide beach nourishment and inlet management projects". 4 Letters of Support: 1. Creation of Uniform State Funding of Juvenile Assessment Centers The County is requesting support from the Legislature for uniform State funding of Juvenile Assessment Centers throughout Florida to strive to achieve equal treatment of youth offenders. Mark Godwin, Criminal Justice Coordinator, is on the State Juvenile Justice Expenditure and Operational Efficiency Review Team. Lefter of Support; St. Lucie County supports the creation of uniform state funding of Juvenile Assessment Centers. 2. Letter of Support - Reaffirming County Support for the Reinstatement of AMTRAK Passenger Service On April 14, 2009, the Board of County Commissioners adopted Resolution 09-123, requesting the State to support the reintroduction of AMTRAK passenger service along Florida's east coast and prioritize this project as part of the Federal Economic Stimulus Package for the State of Florida. Letter of Support; St. Lucie County reaffirms its support for the reinstatement of AMTRAK passenger service along the Florida East Coast (FEC) rail line. Recommendation Staff is recommending Board approval for the nine Legislative Issue Requests and the two Letters of Support for submittal to the St. Lucie County Legislative Delegation. Cc: Dan McIntyre, County Attorney Marie Gouin, OMB Director Don West, Public Works Director Beth Ryder, Community Services Director Jim David, Mosquito Control/Coastal Mgmt. Services Director Mark Godwin, Criminal Justice Coordinator Ron Roberts, Solid Waste Manager Richard Bouchard, Coastal Engineer RESOLUTION NO. 10-292 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING LEGISLATION TO IMPLEMENT COST-EFFECTIVE, CLEAN AND RENEWABLE ENERGY PORTFOLIO STANDARDS (RPS) IN THE SUNSHINE STATE, WITH MEANINGFUL OPPORTUNITIES FOR DISTRIBUTED SOLAR AND OTHER PREFERRED RENEWABLE ENERGY TECHNOLOGIES. WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. Florida has an abundance of clean and renewable energy (REj sources that provide an opportunity for cost-effective energy solutions, economic development, and significant savings to taxpayers and rate payers alike. 2. ThecleanenerBYeconomycanhelpfuefmuchneededeconomicrecovery,producegreater efficiencies and energy savings, create jobs in the hardest hit job sectors, and foster private sector investment in clean industry, high paying manufacturing jobs and research and development activities. 3. According to the experts hired by the Florida Public Service Commission, the Top 3 most technologically-viable RE alternatives in Florida are: (1)Solar PV (photovoltaic); (2),(~ffshore wind; and (3) Biomass. Solar thermal technologies are also very cost-effective and have potential widespread application. (Reference Navigant Report, p. 189) 4. Florida currentlyimports all of the fossil fuels used to generate electricity in the state and consequently exports about $15 billion annually. instead of outsourcing jobs and capital, the Legislature should adopt an RPS and help provide the opportunity for people and entrepreneurs to reinvest in preferred renewable energy technologies. 5. An RPS requires states to procure a percentage of generation from renewable energy, No two programs are the same and each state must develop appropriate programs to meet state-specific needs and capitalize on all available local resources -most notably the Sun in the Sunshine State. 6. As of June 2010, mandatory RPS policies have been passed in 31 US states and the District of Columbia, with six additional states approving conditional ornon-mandatory renewables goals. 7. Because of the tremendous solar energy potential in the Sunshine State, a specific emphasis should be given to Solar technologies and private sector investment therein. 8. According to the United States Department of Energy (DOE), those states that have adopted an RPS have seen little change in utility rates. In fact, seventy percent (70%) of the states with an RPS experienced less than 1 % change in utility rates. Texas experienced a rate decrease. (Reference DOE Study) 9, An RPS is a market mandate for cost-effective renewable energy alternatives through competition, innovation and economies of scale. By opening up the clean energy economy to private investors, average citizens, business owners, and even local governments, the State of Florida can harness the powers of capitalism and foster the entrepreneurial spirit of our nation. 10. Energy independence promotes national security. 11. Renewable energy will promote environmental stewardship and reduce greenhouse gas emissions. 12. On June 25, 2008, Florida Governor Charlie Cristapproved awide-ranging energy bill that intends to advance energy efficiency and renewable energy within the state while cutting the state's emissions of greenhouse gases. House Bill 7135 required the Public Service Commission to develop rules for a renewable portfolio standard subject to future legislative ratification. 13. In 2009, the Florida Public Service Commission recommended an RPS to the Florida Legislature. Although the Legislature did not enact an RPS during the 2009 Legislative Session, there is continuing interest in opportunities to encourage the expansion of renewable and clean energy production in Florida. 14. The Public Service Commission recommends an aggressive RPS that requires each investor owned utility IOU) to achieve 20 percent renewable energy by 2020. This aggressive standard is intended to protect existing renewables and spur new renewable developers to enter the Florida market by establishing a long-term dedicated market for renewable energy in the state. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: The Board of County Commissioners of St. Lucie County hereby encourage the Florida State Legislature to implement a Renewable Energy Portfolio Standard. Section 2: The County Administratorisherebydirectedtosendacopyofthisresolution to the County's Legislative Delegation, the Executive DireMOr of the Florida Association of Counties, and the Director of the Florida League of Cities. Section 3: This ,~ ~ PASSED AND x r.':~t~t;.: ~~ i~i'k: ATTEST: c;>i?-,.,arr .r.:;k, fir.... <,: ~:, .~ Deputy Clerk ' ~ - become effective upon adoption. of November, 2010. BOARD OF ST. LUCIE '~ ~. ~~ BY: ~.~~. APPROVED AS TO FORM AND BY: RESOLUTION N0.10-063 A.RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING SENATE BILL NO. 218 AND HOUSE BILL 319 WHICH, IF PASSED, WOULD AMEND SUBSECTION (2) OF SECTION 901.35, FLORIDA STATUTES, TO REQUIRE THAT PAYMENTS MADE BV A COUNTY OR MUNICIPALITY TO A PROVIDER FOR CERTAIN SERVICES FOR AN ARRESTED PERSON BE MADE AT 110% OF THE STATE'S MEDICARE RATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Senate Bi11218 and House Bi11319 providethatwhen an arrested person requires medical attention, but cannot provide for payment, the medical services provider can only recover from the local government, 110% of the State's Medicare rates for the medical services provided, not the provider's full fees, unless the medical services provider has an alternative, written agreement with the local government. 2. The current trend of escalating inmate out-patient medical cost will force St. Lucie County to reach into its emergency funds in order to pay for those costs at the current hospital "Billed Rates". Continuing to force Florida Counties to pay hospital billed rates that are greatly higherthan any insurance company, Medicare or Medicaid pay is grossly unfairto the Counties and their taxpayers. The State Corrections Department tracked their costs both before and afterthe Legislature capped their inmate hospital costs at no more than 110% of Medicare rates. The State Corrections Department had similar "Billed Costs" discounts priorto passage of the above law and their studies showed that after enactment of the law, charges based on the Medicare Rates were reduced by 69% over the previous billed charges. In 2008, Pinellas County was billed for $1.2 million for the care of 67 inmates. Using Medicaid rates, the estimated actual amount paid would have been $77,000.00. 4. If Senate Bill 218 and House Bill 319 were passed, the St. Lucie County taxpayers could result in a savings of more than $1 million dollars. 5. By passing Senate Bill No. 218 and House Bill 319, the Florida State Legislature would be giving Counties one way in which they might save some taxpayer dollars. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: The foregoing recitals contained In the preamble to this Resolution are incorporated by reference herein. Section 2: This Board supports the adoption of proposed Senate Bill 218 (SB 218) and House Bill 319 (HB 319). Section 3: The County Administrator is hereby directed to send a copy of this resolution to Governor Charlie Crist, the County's Legislative Delegation and the Executive Director of the Florida Association of Counties. Section 4: This Resolution shall take effect upon its adoption PASSED AND DULY ADOPTED this 9th day of February, 2010. A Deputv Cler ~~ _ BOARD OF C LINTY OMMISSIONERS ST. LUCIE TY, F ORIDA BY: Chair AGENDA REQUEST TO: MOSQUITO CONTROL DISTRICT SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: County Attorney Staff recommends that the Board authorize presentation of the change in boundaries of special act to the Legislative Delegation. Change in Boundaries of Special Act See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ]APPROVED [ ]DENIED [ ]OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM ftevtew\anE~AOtu,'r~~ovals County Attorney: Public Works Dir.: ~R" • Purchasing: Daniels. McIntyre r Don IiJest /l /~ Originating Dept. Mosquito Control Dir.: County Surveyor: .~f1 lim aWd Ron Harris Finance: (Check for copy only, If applicable) Eff. 5/96 ITEM NO.~-a DATE: December 4, 2012 REGULAR [] PUBLIC HEARING [] CONSENT (XX] PRESENTED BY: Daniel S. McIntyre County Attorney CONCURRENCE: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Mosquito Control District FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 12-1421 DATE: November 29, 2012 SUBJECT: Change in Boundaries of special Act RRRR#RrtrtrtrtrtrtRRrtrtrt#rt##RirtRRRRRRRRRiRRRrtrtrt#tRRRrtrtRRRRRRRRRRRRRRRRRRRrtrttRRRRRRRRRRRRR Attached to this mem orandum is a draft local bill which would amend the boundaries of the St. Lucie County Mosquito Control District to reflect the deletion of the Beau Rivage area. RECOM M EN DATIO NICONCLU510 N: Staff recommends that the Board authorize presentation of the change in boundaries of special act to the Legislative Delegation. Daniel"S. Mcinryi County Attorney DSM/caf Attachment A bill to be entitled An act relating to St. Lucie County Mosquito Control District; amending the boundaries of the district; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 1 of Section 3 of Chapter 2003-365, Laws of Florida is amended to read: Section 1. District boundaries.- A special taxing district, lying wholly within St. Lucie County, to be known as the St. Lucie County Mosquito Control District, is described as follows: Beginning at the Northeast corner of Section 3, Township 34 South, Range 40 East; thence West to the Northwest corner of Section 3, Township 34 South, Range 38 East; thence South to the Southwest comer of Section 34, Township 34 South, Range 38 East; thence East to the Southwest corner of Section 36, Township 34 South, Range 38 East; thence South to the Southeast comer of Northeast ~/4 of Section 11, Township 36 South, Range 38 East; thence West to the Northwest corner of the Southeast '/< of Section I1, Township 36 South, Range 38 East; thence South to the Southwest corner of the Southeast '/a of Section 11, Township 36 South, Range 38 East; thence East to the Southwest comer of Section l0, Township 36 South, Range 39 East; thence South to the Southwest corner of Section 34, Township 37 South, Range 39 East; thence East to the Southeast corner of Section 36, Township 37 South, Range 40 East; thence North on the east line of said Section 36 and Section 25. Township 37 South, Ranee 40 East, 6,459 feet to a point ]fig within the water bodv of the North Fork of the St. Lucie River: thence departing said line within the North Fork of the St. Lucie River a bearing direction (State Plane Coordinate Svstem, Florida East Zone) of N 41° 04' W , a distance of 6.155 feet, more or less, to a point lyine within the water bodv of the North Fork of the St. Lucie River; thence denartine said point a bearing direction (State Plane Coordinate Svstem, Florida East Zone, N 45° 16' East. a distance of 2.355 feet, more or less, to a point intersecting with aazasnza the north shore of the North Fork of the St. Lucie River and the west ed eg of the Howazd Creek as concurrent with the Cit~of Port St Lucie municipal boundarX limits; thence departing said intersecting shore and edge lines following along the City of Port St. Lucie municipal boundary line north along the west edge of Howazd Creek to the south line of the northeast quarter of Section 24 Township 37 South, Range 40 East; thence East alone said south line of the northeast quarter to the intersection of the east 924.15 feet of Section 24 Township 37 South, Ranee 40 East: thence North along said east 924.15-foot line of Section 24 Township 37 South, Range 40 East, to the intersection of the north line of the south 508 IS feet of the northeast quarter of Section 24 Township 37 South Range 40 East: thence East along said south 508.15-foot line of the northeast quarter of said Section 24. Township 37 South, Rye forty East to an intersection with the East line of Township thirty-seven South, Range 40 East thence North along the east line of Sections 24 and 13. Township 37 South Range 41 East to the southwest corner of Section 7 Township 37 South Range 41 East; thence East following the Section lines to the water's edee of the Atlantic Ocean: thence meandering said water's edge Northwesterly to the rooint of beginning AND Aero Acres Subdivision as recorded in Plat Book 27 at pales 14 thru 14D of the public records of St. Lucie County, Florida. 00149113-1 A pazcel of land of land lying in Sections 4, 5, 8, 9, 10, 16 and 17, Township 37 South, Range 39 East, and Section 33, Township 36 South, Range 39 East, St, Lucie County, Florida, said parcel being more particularly described as follows: Begin at the intersection of the centerline of Gatlin Boulevazd (also being the north line of Section 15) and the westerly limits of Gatlin Boulevard Right-of- Way and the westerly limits of those lands described in an Order of Taking dated July 24, 1979 and recorded in Official Record Book 311 at Pages 2946 through 2952, inclusive, Public Records of St. Lucie County, Florida, and as shown on the Florida Department of Transportation Right-of--Way maps for State Road #9. (I- 95), Section 94001-2412, dated 6/2177, with last revision of 9/11/79; thence South 89 degrees 57 minutes OS seconds West, a distance of 7702.12 feet; thence South 00 degrees OS minutes 46 seconds West, a distance of 757.53 feet; thence South 89 degrees 57 minutes 43 seconds West, a distance of 1159.20 feet; thence North 00 degrees 40 minutes 03 seconds East, a distance of 152.60 feet; thence North 54 degrees 52 minutes 19 seconds East, a distance of 153.89 feet; thence North 11 degrees 24 minutes 07 seconds East, a distance of 156.51 feet; thence North 14 degrees 02 minutes 38 seconds West, a distance of 439.20 feet; to the beginning of a curve concave southerly, having a radius of 200.00 feet and a central angle of 130 degrees 29 minutes 58 seconds, thence northerly, westerly and finally southerly along the arc of said curve to the left, a distance of 455.53 feet to the curves end; thence South 35 degrees 27 minutes 24 seconds West, a distance of 161.00 feet; thence South 89 degrees 57 minutes OS seconds West, a distance of 1118.66 feet; thence North 43 degrees 15 minutes 34 seconds West, a distance of 1.86 feet; thence North 09 degrees 54 minutes 33 seconds East, a distance of 528.17 feet; thence North 62 degrees 56 minutes 57 seconds East, a distance of 710.69 feet; thence North 39 degrees 35 minutes 38 seconds West, a distance of 373.81 feet thence South 80 degrees 50 minutes 18 seconds West, a distance of 92.33 feet; thence North 00 degrees 09 minutes 21 seconds East, A distance of 4587.82 feet; to the southeasterly line of Grove No. 3, as recorded in O.R. Book oozasnza 3 383, at Page 1059, St. Lucie County Public Records (Special Warranty Deed fre}n A. Duda & Sons, Inc, to D & M Indian River Groves) thence along said southerly and easterly line of Grove No. 3 the following courses and distances: North 74 degrees 07 minutes 42 seconds East, a distance of 3624.15 feet; thence North 02 degrees 40 minutes 30 seconds West; a distance of 853.63 feet; thence North 03 degrees 34 minutes 36 seconds East, a distance of 264.67 feet; thence North 11 degrees 39 minutes 14 seconds East, a distance of 299.59 feet; thence North OS degrees 52 minutes 55 seconds East, a distance of 655.21 feet; thence North 13 degrees 31 minutes 07 seconds East, a distance of 422.94 feet; thence departing said Grove No. 3, continue North 13 degrees 31 minutes 07 seconds East, a distance of 51.88 feet; thence. North 74 degrees 14 minutes 30 seconds East; a ' distance of 2525.46 feet; thence North 76 degrees 04 minutes 00 seconds East, a distance of 1244.50 feet; thence North 65 degrees 11 minutes 40 seconds East, a distance of 178.59 feet; thence North 59 degrees 06 minutes 34 seconds East, a distance of 424.13 feet; thence North 73 degrees 43 minutes 15 seconds East, a distance of 14.12 feet; thence South 50 degrees 55 minutes 52 seconds East, a distance of 7.43 feet; thence North 56 degrees O1 minutes 38 seconds East, a distance of 31.64 feet; thence North 33 degrees 56 minutes Ol seconds East, a distance of 30.15 feet; thence North 54 degrees 34 minutes 18 seconds East, a distance of 298.73 feet; thence North 85 degrees 53 minutes 58 seconds East, a distance of 132.02 feet; thence North 70 degrees 54 minutes 26 seconds East, a distance of 143.67 feet; thence North 56 degrees 25 minutes 29 seconds East, a distance of 121.35 feet; thence North 66 degrees 21 minutes 07 seconds East, a distance of 557.84 feet; thence South 00 degrees 35 minutes 12 seconds West along the northerly prolongation of the East line of the northeast quarter of said Section 4, a'distance of 271.44 feet to the northeast corner of Section 4; thence continue South 00 degrees 35 minutes 12 seconds West, along the East line of said Section 4, a distance of 2833.04 feet to the East quarter comer of said Section 4; thence South 00 degrees 36 minutes 27 seconds West, a distance of 2651.97 feet.to the northwest corner of Section 10; thence North 89 degrees 54 minutes 10 aoiavn:.i 4 i seconds East along the North line of said Section 10, a distance of 1793.84 feet; to a point of intersection with the westerly Right-of--Way line of said I-95 and the said westerly line of the lands described in the Order of Taking dated July 24, 1979 and recorded in Official Record Book 311 at Pages 2946 through 2952, inclusive, and with anon-tangent curve, concave easterly, having a radius of 5983.58 feet and central angle of 23 degrees 41 minutes 41 seconds, thence along the westerly line of said I-9S Right-of--Way and along the said westerly line of the lands described in the Order of Taking, dated July 24, 1979, the following courses and distance: thence southerly along the arc of said curve to the left, a distance of 2474.52 feet, said arc subtended by a chord which bears South 06 degrees 56 minutes 28 seconds East, a distance of 2456.92 feet to the curves end; thence South 18 degrees 47 minutes 19 seconds East, a distance of 714.03 feet; thence South 14 degrees 47 minutes 19 seconds East, a distance of 510.88 feet; thence South 07 degrees 32 minutes 07 seconds East, a distance of 374.37 feet; thence South 06 degrees SS minutes 16 seconds West, a distance of 373.49 feet; thence South 1S degrees 33 minutes 28 seconds West, a distance of 491.49 feet; thence South 34 degrees 39 minutes SO seconds West, a distance of 207.78 feet; thence South 70 degrees 02 minutes 50 seconds West, a distance of 289.50 feet; thence South 00 degrees O] minutes 4S seconds West, a distance of 64.09 feet; thence South 82 degrees 24 minutes S3 seconds West, a distance of 317.56 feet; thence North 89 degrees 58 minutes 1S seconds West, a distance of 372.63 feet; thence North 89 degrees S8 minutes 15 seconds West, a distance of 262.61 feet; thence South 00 degrees OI minutes 4S seconds West, a distance of 100.00 feet, to the Point of Beginning. AND A parcel of land of land lying in Section 16, 20, 21, 28, 29 and 33, Township 36 South, Range 39 East, St. Lucie County, Florida, said parcel being more particulazly described as follows: aoiasnz-z 5 Begin at the intersection of the Southeasterly right of way line of the FEC Railroad and the Northeasterly right of way line of the SFWMD Canal C-24; thence Southeasterly along said Northeasterly right of way line of the C-24 to the intersection of the East Line of Section 33, Township 36 South, Range 39 East; thence North along the East line of Sections 33, 28, 21 AND 16, Township 36 South, Range 39 East to the intersection of the Southeasterly right of way line of the FEC Railroad; thence Southwesterly along said Southeasterly right of way line to the Point of Beginning. AND Sections 19.20, 21.28 and 33 Township 37 South Range 39 East AND All that part of Sections 16 17 and 18 Township 37 South Range 39 East lvine 23 feet south of the North line of lands described in Orb 477 Page 560 of the Public Records of St. Lucie Countv Florida Section 2. This act shall take effect upon becoming a law. 093499131 FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION STATEMENT REGARDING THE DEPARTMENT OF ENVIRONMENTAL PROTECTION'S REORGANIZATION OF THE DIVISION OF WATER RESOURCE MANAGEMENT AND THE ELIMINATION OF THE BUREAU OF BEACHES & COASTALSYSTEMS "Disappointment" is the understated reaction of FSBPA, an organization functioning as a league of coastal cities and counties since 1957, representing over 70 local governments and approximately 300 individual members, to the recent administrative reorganization of Florida's beach management program. After 51 years of success and praise as having the model beach management program in the Nation, there will no longer be a visible, separate beach program entity within the State of Florida. Rather, the new organizational structure of the Water Resource Management Division combines disparate functions of other program areas, like Oil and Gas, Mining, and Environmental Resource Permitting, with pieces of beach management that used to be united in a single bureau. FSBPA's limited response to date reflects the Association's long-standing position that state agency organization and staffing is largely the prerogative of agency leadership. However, FSBPA leadership is concerned that the statewide beach and inlet management component of Chapter 161 (161.091-161.212) is now spread across a number of fractured program areas without structural assurance that the sum of all the parts will function as effectively as a bureau did as a whole. As an example, the popular and important local government funding assistance program for beach nourishment projects is now separated from all other beach program areas and placed obscurely under "shared services," where it is coupled with mining grants. FSBPA's response at this time is solely focused on what is clearly and inarguably our responsibility to protect, given our history, membership and purpose as the "voice of Florida's beaches" and the Association's role in establishing a beaches trust fund for Florida. The Association and lawmakers worked very hard to secure program funding through specific statutory provision and detailed declarations of legislative intent. The law, specifically section 161.091, ensures that appropriations by the Legislature from the EMRTF (Ecosystem Management & Restoration Trust Fund) be used for statewide beach management planning for "erosion control; beach preservation, restoration, and nourishment; and storm and hurricane protection." Even the most liberal previous interpretations that trust funds could be used for staffing/operations, not solely projects, has limited such use in even the most challenging fiscal climates to a single budget entity, Beach Management. As such, trust funds should only be used to staff "the development, implementation, and administration of the state's beach management plan, as provided in ss. 161.091-161.212," not other planning and regulatory programs. Going forward, FSBPA will ask our coalition of interests from local governments, general government associations, resource protection organizations, and coastal experts to support our efforts to ensure that state dollars allocated by the Legislature through the EMRTF go only to priority beach and inlet projects that leverage federal and local matching dollars, and to staff/administrative support only to the extent that those positions have been determined to be directly and exclusively committed to statewide beach management as identified in statute. FSBPA regrets the need to go on record unfavorably regarding DEP's reorganization of the Division of Water Resource Management, especially given the Governor's recognition of the importance of beaches to Florida's economy. It is even more regrettable that the reorganization and this subsequent discussion are occurring at a point in time when inarguably healthy beaches, the statewide program to support them, and their intrinsic relationship to tourism are critical to our economic recovery. Concurrently, many beaches on Florida's Atlantic and Southwest coasts have suffered significant damage from recent storm events-Debby, Isaac and Sandy-and need efficient and recognizable state support for their recovery efforts. The responsibility of FSPBA is to support and defend an efficient beach program structure that 1) maintains visibility of both the benefits and need for healthy beaches coupled with 2) appropriate and dedicated funding for statewide beach management. Visibility, familiarity and prior success in securing state match for managing Florida's beaches and inlets, as well as recovering from storm erosion, should not betaken for granted. November 15, 2012 FSBPA's Executive Committee: Don Donaldson, 2012 Chair, Martin County Charlie Hunsicker, Incoming Chair, Manatee County Steve Boutelle, Vice-Chair, Lee County Richard Bouchard, Sec. /Treas., St. Lucie County Virginia Barker, Past-Chair, Brevard County Bob Dean, FSBPA Chair Emeritus, University of Florida Deborah Flack, President, FSBPA Remaining Members of the Board in support as of 11/16: Brian Flynn, Miami-Dade Marty Smithson, Sebastian Inlet Tax District Jim Trifilio, Okaloosa County Leanne Welch, Palm Beach James Houston, Director Emeritus, Eng. Research & Development Center, Army Corps of Engineers Discussion Focus of Requested Meeting with Senator Negron Regarding: Reorganization of Division of Water Resource Management at DEP and the elimination of the Bureau of Beaches and Coastal Systems Representing: FSBPA, league of coastal cities and counties, 70 governments , 300 members established in 1957. 13-member Board including Chair from Martin, Sec/Treasurer from St. Lucie and Directors from Indian River and Palm Beach counties. Issue Importance: Popularity of Beach Management Program with constituents, local governments and Senate Members Timing: 1) Critical importance of maintaining our beaches given contribution to tourism and economic recovery, 2) at a time complicated by severe erosion damage on our East and Southwest Coasts caused by Debby, Isaac and especially Sandy, and the extra and urgent effort needed to maximize and coordinate such recovery and its funding with the Federal Government and local governments under both the Congressionally-authorized Civil Works Program of the US Army Corps of Engineers (federal restoration projects), and seek FEMA (Category G) dollars to cover just sand losses for our non-federal (state/local) beach projects. Concerns or questions: From a legislative perspective concern focuses on how the Department's pending reorganization that no longer includes a separate, discrete beach organizational entity for the first time in history (51 yrs.) will affect traditional appropriations decisions, underthe long-standing budget category "Beach Management" as defined in statute (161.091). Request: Senate Appropriations Staff work with DEP to insure that the Legislature and local project sponsors can easily identify and account for all appropriations requests for beach and inlet management projects and just the staffing/operations resources to support them during the 2013-14 appropriations process as well as in anticipated future accounting/reporting procedures by DEP. This will require delineation and separation from other coastal regulatory programs (like ports, upland private development), but especially by and as part of individual FTEs that underthe new proposed organization have their time divided amongst other programs not even remotely associated with beach management (Mining, Oil & Gas, Environmental Resource Permitting). It should be noted, FSBPA, in recognizing the agency's prerogative, did not formally request that DEP reconsider eliminating the beaches bureau, but simply asked that one of many program areas be clearly and exclusively for beach and inlet management, and the popular local government grants program for beach and inlet projects be kept part ofthe program area not relocated to shared services and combined with mining grants. Materials Provided: FSBPA Formal Statement regarding DEP Reorganization DEP's Organizational Chart ~~ RESOLUTION NO. 09-123 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS .REQUESTING THE ASSISTANCE OF GOVERNOR CRTST AND FLORIDA DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITIZE THE INTERCITY. RAIL COMPONENT OF THE FLORIDA EAST COAST CORRIDOR PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE STATE OF FLORIDA WHEREAS, the Florida East Coast (FEC) corridor was historically operated as a passenger rail line along Florida's east coast, traversing or providing rail connections to urban areas like St. Lucie County; and WHEREAS, Florida's east coast historically developed around train stations along the FEC railroad; and WHEREAS, local governments and the private sector along Florida's east coast are currently implementing programs to redevelop historic down towns built around train stations; and WHEREAS, improved mobility is highly desired in St. Lucie County and throughout the State of Florida; and WHEREAS, transit, including rail transit, is a key component of improved mobility, especially between cities and throughout the Florida's east coast; and WHEREAS, the 2006 Florida Rail Plan identifies passenger transit along the FEC corridor as a potential "Coastal Route" for new passenger rail service in the State of Florida; and WHEREAS, Amtrak iswell-suited.to provide passenger rail service along Florida's east coast; and WHEREAS, the reintroduction of Amtrak service along Florida's east coast would provide near-term jobs and economic stimulus for Florida's residents and businesses; and WHEREAS, the Federal Government is seeking appropriate projects for inclusion in the Federal economic stimulus package to provide immediate and near-term job opportunities for projects; and WHEREAS, the Intercity FEC Corridor Project (Jacksonville/Miami) is an.appropriate pro ject for inclusion by the State of Florida in the American Recovery and Reinvestment Plan; and WHEREAS, former work by Amtrak and Florida Department of Transportation includes plans for the improvements necessary to initiate Amtrak service on the FEC corridor; NOW THEREFORE BE IT RESOLVED: 1. The St. Lucie County Board of County Commissioners request the assistance of Governor Crist and Florida Department of Transportation Secretary Kopelousos to prioritize the Amtrak/FEC Corridor Project (from Jacksonville to Miami) as part of the Federal economic stimulus package for the State of Florida. 2. The County Administrator is hereby directed to forward a copy of this resolution to Governor Charlie Crist, Florida Department of Transportation Secretary Stephanie Kopelousos, and Treasure Coast Regional Planning Council Executive Director Michael J. Busha. After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis AYE Vice-Chair Charles Grande AYE Commissioner Doug Coward AYE Commissioner Chris Dzadovsky AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTED this 14'h day of April, 2009. BARD OF COUNTY COMMISSIONERS '. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO LEGAL FORM AND 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. INVOCATION-PLEDGE - To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. 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 rigor 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, December 11, 2012 9:00 A,M. ORAS SOON THEREAFTERAS MAY BE HEARD CONFERENCE ROOM #3 SPECIAL MEETING BOARD OF COUNTY COMMISSIONERS AGENDA December 11, 2012 9:00 A.M. OR AS SOON THEREAFTER AS MAY BE-HEARD SPECIAL'MEETMG BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.orp iEiiEiiiliitlhifi8flifiBlilififiBilii{tiii~iitili33ilihiii{ililtlii1ltiBniflfilEifl~irfl6HillYi(119lfiiflHitfiOiliil Tod Mowery, Chairman Frannie Hutchinson, Vice Chairman Chris Dzadovsky Paula A. Lewis Kim Johnson IiitHiiSliiflii3iiliii11811r(ttlirlitlitHifli3itiiliiBll9llliliiiiniltiiitlii District No. 2 District No. 4 District No.1 District No. 3 District No. 5 YiifliiiltlftililliliiliGilililtliififi111iBilIlYllinliillYii11Y1i11f1111B111~911illiliiin6NYiiliflfilfi1Bi71t11iiBrilllllfiffiltll{ninffiiSnlfliltliil9ilitllltil7llilifiliilhiilifi7iftiiYruiVliil I. INVOCATION II. PLEDGE OF ALLEGIANCE IIL .GENERAL PUBLIC COMMENT REGULAR IV. ADMINISTRATION 2013 State Legislative Issue Requests Consider staff recommendation to submit nine Legislative Issue Requests and two Letters of Support to the St. Lucie County Legislative Delegation as outlined in the attached memorandum. 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.