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One of the issues of most concern to Feather Sounders was the condition of
the roads, especially at the Egret entrance by the Choice Food Market. Steven Spratt,
Pinellas County Administrator wrote a letter to the Board of Directors of
the Feather Sound Community Services District (FSCSD), dated October 24th, 2003
which proposes a solution to this problem. This letter
is also presented below. An aerial map enclosed with the letter can be
viewed by those with high speed Internet connections as a
large image file (311KB) or a
very large image file
(1,709KB).
At a meeting of the FSCSD held Monday, November 17th, 2003 the
board voted to respond to Pinellas County Administrator, Steven Spratt in
favor of the proposal. This letter is also presented
below.
At its meeting in February 2004 the FSCSD board reviewed
and agreed with the signing of an Intent of Interlocal
Agreement with Pinellas County. This document states that the FSCSD
will reimburse Pinellas County for an amount up to $100,000 to repair
four specific roadways following the acquisition of
these roads by the County. This document is presented
below.
At the
Board's meeting of April 19th 2004 an Ordinance
amending the charter of FSCSD for the purpose of allowing District
funds to be used to pay for repair of the roads was reviewed and approved.
A public hearing regarding this amendment to the FSCSD charter may be held
if the private owner of the roads agrees to deed them to the County. |
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 BOARD OF COUNTY
COMMISSIONERS
PINELLAS COUNTY, FLORIDA
315 COURT STREET
CLEARWATER, FLORIDA 33756
STEPHEN M. SPRATT,
COUNTY ADMINISTRATOR
PHONE:
(727) 464-3485 FAX: (727) 464-4384
October 24, 2003
Board of Directors
Feather
Sound Community Services District
Based upon
previous discussions between yourself and County staff, a cost estimate
has been developed to bring local private streets within your community to
County standards. As you know, standing County policy has prescribed that,
before local roads can be transferred to the County for maintenance
responsibility, they must be brought to County Standards. Our Public Works
Department has estimated the required milling, paving and drainage
improvements for roads at $102,000. There is also a requirement that the
land and right-of-way associated with the roads be publicly held.
Presently,
the permitted uses of the ad valorem tax levied by the Board of County
Commissioners (BCC), on behalf of the Feather Sound Community Services
District (FSCSD) does not include roadway and drainage improvements. The
BCC can consider an expansion of the permitted uses to accommodate this
project, but following a discussion at their budget work session on this
subject, will require a formal request from the FSCSD with public
involvement. County staff can be available to explain the project at any
community meeting you designate. To assist your Board, the Public Works
Department has prepared the enclosed map, that details the cost estimate
of $102,000.
As for funding the project, assuming that the permitted uses are expanded
as outlined above, and the roadways are conveyed to the District, the
FSCSD's property tax funds may be utilized. Should the funds not be
available, at the FSCSD's request, the Board may consider providing a
loan.
Please let me know if I can be of further assistance.
Sincerely,
Stephen
Spratt
County
Administrator
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November 19,
2003
Mr. Stephen
Spratt
Pinellas County Administrator
315 Court Street Clearwater, FL 33756
Dear Mr.
Spratt,
The Feather
Sound Community Services District, Inc. (FSCSD) has received your letter
dated October 24, 2003 regarding the possible expansion of District funds
to be used to improve certain roads within Feather Sound.
On November
17, 2003 the FSCSD Board of Directors, at its regularly scheduled meeting,
approved a motion to pursue this proposal. Specifically, the Board of
Directors of FSCSD hereby requests that the Pinellas County Board of
County Commissioners (BCC) consider a one time expansion of the permitted
uses of the District funds for road improvement. The FSCSD has authorized,
pending BCC approval, that not more than $102,000 be spent to bring
certain private roads within Feather Sound up to County standards,
provided the owner(s) of these roads deed the roads in question to
Pinellas County for public ownership and maintenance.
The FSCSD
currently has sufficient funds to fully cover the cost of this project and
this expenditure would not jeopardize the District’s ongoing operations
nor jeopardize the completion of any of the District’s previously budgeted
projects.
Please advise
our Board if additional information is needed.
Sincerely,
Ray Biff Baker
Vice Chairman
Feather Sound Community Services District, Inc.
2655 Ulmerton Rd, Box 266, Clearwater, FL
33762 |
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PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE
PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT,
JUDICIOUS EXERCISE OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES,
TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW
INTERLOCAL AGREEMENT
BETWEEN PINELLAS COUNTY AND FEATHER SOUND
MUNICIPAL SERVICES TAXING UNIT
FOR
ENTRANCE ROADWAY IMPROVEMENTS
AGREEMENT PREPARED BY DEPARTMENT OF PUBLIC WORKS
SECTION
1
INTENT OF
INTERLOCAL AGREEMENT
BETWEEN PINELLAS COUNTY AND FEATHER
SOUND MUNICIPAL SERVICES TAXING UNIT
ENTRANCE ROADWAY IMPROVEMENTS
THIS AGREEMENT,
entered into on the 17th
day of February
2004, between the BOARD OF
COUNTY COMMISSIONERS of
Pinellas County, a
political subdivision of the State of Florida, hereinafter
referred to as the COUNTY, and FEATHER
SOUND MUNICIPAL SERVICES TAXING UNIT, a Special District and Non-Profit
Corporation of the State of Florida, hereinafter referred to as the
DISTRICT.
WITNESSETH, That:
WHEREAS, this
Agreement is made and entered between the parties pursuant to Section
163.01, Florida Statutes, the
"Florida Interlocal Cooperation Act of 1969;" and
WHEREAS, a need to
improve certain entrance roadways within the DISTRICT exists, and
WHEREAS, the DISTRICT has expressed the
desire for the COUNTY to implement these improvements utilizing funds
available from the DISTRICT, and
WHEREAS, the COUNTY
desires to cooperate with the DISTRICT by completing the entrance roadway
improvements, as contained herein.
NOW THEREFORE, the COUNTY and the DISTRICT
in consideration of the mutual covenants
hereinafter set forth, agree as follows:
SECTION 2
SERVICES TO BE PROVIDED BY THE COUNTY
2.1
The COUNTY will plan and construct all necessary improvements on the
following entrance roadway
segments:
-
Heron Boulevard - Ulmerton Road to
Lakepointe
-
DriveWhisper
Wood Drive - Heron Boulevard
to Feather Sound Drive
-
Egret Boulevard - Ulmerton Road to Heron
Boulevard
-
Lakepointe Drive - Heron Boulevard to
Feather Sound Drive
2.2 Roadway
improvements will consist of milling and repaving asphalt surface; minor
curb replacement;selected storm
sewer replacement and minor sidewalk repairs; quantified as:
-
Roadway:11,600
square yards asphalt -
mill and resurface
-
Storm Sewer:Replace
130 ft. of 15" RCP
-
Curb:Replace
570 ft
-
Sidewalk:Replace
120 square yards or 220 ft. of 5 ft. wide sidewalk
2.3
Entrance roadway segments are graphically
shown on Exhibit A, attached hereto.
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SECTION
3
SERVICES TO BE PROVIDED BY THE DISTRICT
3.1 For
services rendered by the COUNTY, as described in Section 2, the
DISTRICT will reimburse the
COUNTY
actual costs expended, up to an amount not to exceed one hundred
thousand dollars ($100,000.00).
SECTION 4
AUDIT
REQUIREMENTS
4.1
Both party's records will be
open to inspection and subject to examination, audit, and/or
reproduction during
normal working hours by either party's agents or authorized
representative to the extent necessary to
adequately permit evaluation
and verification of any invoices, payments or claims submitted
pursuant to the
execution of this Agreement. These records will include, but not
be limited to, accounting records, written policies and
procedures, subcontractor files (including proposals of
successful and unsuccessful bidders), original estimates,
estimating worksheets, correspondence, change order files
(including documentation covering negotiated settlements), and
any other supporting evidence necessary to substantiate charges
related to this Agreement.
These documents will include, records necessary to evaluate and
verify direct and indirect costs, including overhead
allocations as it may apply to costs associated with this
Agreement.
4.2
For the
purpose of such audits, the party's agent or authorized
representative will have access to said
records
from the effective date of the agreement for the duration of the
work, and three (3) years after the date
of final payment by the parties
pursuant to this Agreement.
4.3
The
party's agent or authorized representative will have access to
all facilities and necessary records in
order to conduct audits in
compliance with this Section. The party's agent or authorized
representative will give the
other party reasonable advance notice of intended inspections,
examinations, and/or audits.
SECTION 5
TERMINATION OF AGREEMENT
This
Agreement may be terminated by either party upon thirty (30)
days written notice to the other party
should
either party fail substantially to perform in accordance with
the terms of this Agreement through no fault
of the other party or if lack of
available funding demonstrates it would be in the public
interest to terminate.
SECTION 6
ENTIRE
AGREEMENT
This
document embodies the whole agreement of the parties. There are
no promises, terms, conditions
or
allegations other than those contained herein and this document
will supercede all previous
communications, representations
and/or agreements, written or verbal, between the parties
hereto. This Agreement may be amended only in writing and executed by all parties.
This Agreement will be binding upon the parties, their
successors and assigns and legal representatives.
SECTION
7
AGREEMENT TERM
This
Agreement will remain in effect until December 31, 2004 or until
all project reimbursements have
been made, whichever comes first.
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SECTION
8
FISCAL FUNDING
The
parties recognize and accept the funding restrictions as
set forth in Section
129.07, Florida Statutes
which may affect the
COUNTY'S obligations hereunder, which states "It is
unlawful for the Board
of County
Commissioners to expend or contract for the expenditure in
any fiscal year more than the amount
budgeted in
each funds budget, except as provided herein, and in no case shall the
total appropriations of any budget be exceeded,
except as provided in Section 129.06 and any indebtedness
contracted for any
purpose against
either of the funds enumerated in this Chapter or for any purpose, the
expenditure for which is chargeable to
either of said funds, shall be null and void, and no suit or suits
shall be prosecuted
in any Court in this
state for the
collection of same, and the members of the Board of County
Commissioners voting for and contracting for such amounts
and the bonds of such members of said Boards also shall be
liable for the excess
indebtedness so
contracted for."
SECTION 9
EFFECTIVE DATE
This Agreement will take effect thirty (30) days after
filing with the Clerk of the Circuit Court,
as
required
by
Section 163.01
(11), Florida
Statutes.
SECTION 10
MISCELLANEOUS PROVISIONS
10.1 The DISTRICT will
defend, indemnify and hold harmless the COUNTY from any
and all claims,
actions, or lawsuits arising from the DISTRICT'S services,
as limited and subject to
the provision of
Florida Statute 768.28.
10.2
If any work, clause, sentence or paragraph of the
Agreement were held invalid, the remainder of
this Agreement would
continue to conform to the intent of this Agreement.
10.3
This Agreement will be governed by the laws of the State
of Florida.
10.4 Nothing herein will be
construed to create third party rights to any
person not a party to
this Agreement.
IN
WITNESS WHEREOF, the undersigned have hereunto affixed
their hand and seal as the day and
year first above written.
FEATHER SOUND MUNICIPAL SERVICES PINELLAS
COUNTY, by and through its
TAXING
UNIT
County Administrator
By:__Ray
Biff Baker___________
By:
Chairman
Stephen M. Spratt, County Administrator
WITNESS:
WITNESS:
By:__Rich
Pettit__________________
By:_____________________________
Title Treasurer
Title
APPROVED AS TO FORM:
By:
Office of County Attorney |
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This Ordinance was drafted by
Pinellas County officials. A public hearing regarding this amendment to
the FSCSD charter may be held if the private owner of the roads agrees to
deed them to the County. |
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ORDINANCE NO. ________
AN
ORDINANCE PERTAINING TO THE FEATHER SOUND MUNICIPAL SERVICES TAXING UNIT;
AMENDING SECTION 114-279 OF THE PINELLAS COUNTY CODE PROVIDING FOR
LIMITATIONS OF FUNDING; AMENDING SECTION 114-281 OF THE PINELLAS COUNTY
CODE ESTABLISHING AN AD VALOREM TAX LEVY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of
Pinellas County, Florida created the Feather Sound Municipal Services
Taxing Unit pursuant to Ordinance No. 90-25, which has been codified in
Sections 114-276 through 114-282 of the Pinellas County Code; and
WHEREAS, pursuant to Ordinance No. 00-84, the
Board of County Commissioners previously amended Section 114-278 of the
Pinellas County Code relating to the composition of the governing body of
the Feather Sound Municipal Services Taxing Unit; and
WHEREAS, the Feather Sound Municipal Services
Taxing Unit has previously entered into an agreement with the Feather
Sound Community Services District, Inc., ("FSCSD") dated May 15, 1991,
which provides for the FSCSD to operate and administer the programs and
services within the taxing unit; and
WHEREAS, after receiving appropriate input from
the property owners within the taxing unit, the FSCSD has requested the
Board of County Commissioners to authorize the use of funds derived from
the levy of ad valorem taxes, for the repair on a one-time basis, the
following four (4) road segments and related infrastructure:
- Heron Boulevard - Ulmerton Road to Lakepointe Drive
- Whisper Wood Drive - Heron Boulevard to Feather Sound Drive
- Egret Boulevard - Ulmerton Road to Heron Boulevard
- Lakepointe Drive - Heron Boulevard to Feather Sound Drive
The referenced road segments are within the boundary of
FSCSD; and
WHEREAS, the Board of County Commissioners has
determined that it is appropriate to further amend Sections 114-279 and
114-281 of the Pinellas County Code to authorize the use of funds derived
from the levy of ad valorem taxes for repair of specific roads and related
infrastructure, including but not limited to storm water drainage
facilities, as referenced herein, in order to provide necessary access to
roads and facilities that are open to the public, as well as the residents
of the Feather Sound Municipal Services Taxing Unit, including emergency
vehicles and school buses, in such a manner that the subdivision roads and
related infrastructure meet Pinellas County Standards.
NOW, THEREFORE, BE IT ORDAINED by the Board of
County Commissioners of Pinellas County, Florida:
Section 1. Section 114-279 of the
Pinellas County Code is hereby amended to read as follows:
Section 114-279. Limitations of Funding.
Funds derived from the levy of ad valorem taxes shall be utilized only for
street lighting, and to acquire, develop and maintain recreational
areas/green space, and repair of specific roads and related
infrastructure, including but not limited to storm water drainage
facilities, as referenced herein. No funds derived from the tax provided
in Section 114-281 shall be used for any purposes other than the
administration and operation of the affairs and business of the unit
pertaining to the purposes set forth in this article, as the Board of
Directors may determine to be in the best interests of the unit and
pursuant to its contract with the Board of County Commissioners.
Section 114-281. Ad valorem tax levy.Within
the limits fixed for municipal purposes as authorized by Section 9(b),
Article VII, of the State Constitution, the Board of County Commissioners
shall be authorized to levy ad valorem taxes on taxable property located
within the unit not to exceed one mil for the purposes of street lighting,
and the acquisition, development and maintenance of recreational
areas/green space, and the repair of specific roads and related
infrastructure facilities, as referenced herein. Property taxes
determined and levied under this section shall be certified to the county
property appraiser and extended, assessed and collected in like manners
provided by law for regular property taxes for the county and
municipalities located therein. The proceeds of the tax collected pursuant
to this section shall be remitted by the county tax collector, less any
fee authorized by law, to the Board of County Commissioners.
Section 3. Severability. It is declared
to be the intent of the Board of County Commissioners of Pinellas County,
Florida, that if any section, subsection, sentence, clause or provision of
this Ordinance be held invalid the remainder of the Ordinance shall not be
affected.
Section 4. Effective Date. Pursuant to
§125.66, F.S., a certified copy of this Ordinance shall be filed with the
Department of State by the Clerk of the Board of County Commissioners
within ten (10) days after enactment by the Board of County Commissioners.
This Ordinance shall become effective upon filing of the Ordinance with
the Department of State. |
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