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HomeMy WebLinkAboutAgenda Packet 11-15-05 '-' ""'" Commissioner Frannie Hutchinson's Committee Appointments for 2005-2006 Reorranization: Bicycle/Pedestrian Advisory Committee Board of Adjustment Citizen's Budget Advisory Committee Citizen's Budget Advisory Committee Code Enforcement Board CDBG Citizen's Advisory Task Force Contractor's Certification Board Environmental Advisory Committee Emergency Medical Services Advisory Council Harbor Advisory Committee Historical Commission Housing Finance Authority Investment Committee Library Advisory Board Planning & Zoning Commission Public Art & Design Committee Restudy Coordination Committee Recreation Advisory Board Tourist Development Council Linda Boltersdori Richard Pancoast Debbie Hawley Peggy Monahan Emma Loman Peter Harrison Lt. John Bolduc Gail Kavanagh William Hoeffner Joyce Nix Mike Dillman Delores Hayes John Knapp Robbin Lynch Howard "Sonny" Beville Brad Keen Greg Shearhod AGENDA REQUEST ...,; ITEM NO. lA DATE: November 15,2005 Presentation [X] Regular [ ] Public Hearing [ ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department PRESENTED BY: John Franklin Housing Manager SUBJECT: Attainable Workforce Housing Task Force Presentation BACKGROUND: On June 6, 2005, Community Services presented an Attainable/Affordable/Workforce Housing Workshop before the Board of County Commissioners. On June 14, 2005, the Board created a housing task force to develop recommendations for increasing attainable workforce housing in St. Lucie County. The Attainable Workforce Housing Task Force has identified four Housing solutions: 1.) Community Land Trust, 2.) Inelusionary Zoning, 3.) Regulatory Relief/Impact Fee and 4.) Housing Trust Fund. FUNDS AVAIL: N/A PREVIOUS ACTION: On June 14, 2005, the Board approved the creation of and the composition of an Attainable/Affordable/Workforce Task Force from the following areas: 1.) Private Developer 2.) Realtor 3.) Financial Institution 4.) Treasure Coast Regional Planning Council 5.) Habitat for Humanity 6.) Non Profit Developer 7.) Treasure Coast Homeless Services Council, Inc. 8.) Indiantown Non Profit Housing, Inc. 9.) Housing Authority to.) City of Fort Pierce 11.) City of Port St. Lucie 12) Executive Round Table Representative and 13) School Board Representative. RECOMMENDATION: Staff recommends acceptance of the Task Force presentation and approval to move forward with the process to create: a Community Land Trust, Inelusionary Housing, Housing Trust Fund and Impact Fee / Regulatory Reform and dedication of funding for the staff to develop the solutions. COMMISSION ACTION: [~APPROVED [ ] DENIED [ ] OTHER Approved (5·0) County Attorney: x 1'\") ð<' (1r 1'1 Originating Department: x Coordination/Si ~'\ Management & Budget x I \-. urchasing: x Other: Other: Finance: x Check for copy only, if applicable '"'" St. Lucie County Attainable Housing Task Force Recommended Housing Solutions A~~~~~:~e ft Attainable Housing is housing that is affordable to a household that is paying no more than 30 percent of its gross income for all housing related costs Renter vs. Owner Occupied Housing ¡ . Unjt~d State~ ._ Ii Florid~ __m St. Lucie County I .. " .. ë ~ .. Îii ~ .. .. " Renier Occupied 'wII 10/18/2005 1 '-" ~!. .. ¡~ Solutions · Community Land Trust · Inclusionary Housing · Regulatory Reform/ Impact Fee Relief · Housing Trust Fund f--j¡ Solutions . Community land Trust The land is owned by the trust & rents the property to the homeowner via a long term lease, but the home is bought/sold Community Land Trust · Proven to maintain & expand attainable housing · Used extensively across the country · Provides access to housing by eliminating land cost ....., 10/18/2005 2 '-' Community Land Trust HOW? .501 (c) 3 corporation provides a 99-year ground lease to the homeowner . Excludes land cost from the price of the housing unit Community Land Trust HOW? ? . . Resale restriction supports affordable housing long-term for the community . Homeowner achieves reasonable return on home at sale Community Land Trust . Regulation ensures that buyer is 'stake holder' rather than investor/landlord .Many CL Ts negotiate special tax relief for homeowners 10/18/2005 ~ 3 '"'" ommunity Land Trust Key Policy Issues: .Scope & mission .Legal establishment of CL T .Ongoing administrati~~ .Revenue sources ll~ll .... .... 10 ommunity Land Trust Recommendations: .Land acquisition ASAP . Identify/establish a non- governmental entity to run the trust . Identify financial & administrative resou rces " ;r:-¡¡ Solutions . Inclusionary Housing Program established to set aside a certain percentage of units for low-moderate income households in new residential developments " """" 1 0/18/2005 4 '-' Inclusionary Housing Why? . Expands the supply of attainable housing .Creates attainable housing at little/no cost to the local government Inclusionary Housing Why? .Attainable housing is "built-in" for developments & not isolated .Creates economically diverse communities Inclusionary Housing .Ordinance encourages/ requires market-rate developments to include a percentage of attainable homes -....I 10/18/2005 " " " 5 '-' ~ Inclusionary Housing How? . Set-aside may be satisfied by dedication of land or paying an "in-lieu" fee .Works best with developer incentives Inclusionary Housing Example: Orange County, CA "Changed from Mandatory to Voluntary inclusion "Attainable housing units dropped from 6,389 in 4 years to 952 in 11 years. " Inclusionary Housing Example: Montgomery, MD -First in the country to initiate mandatory inclusion -Since inception 11,500 units have been created. " - - 'wi 10/1 8/2005 " 6 '-' Inclusionary Housing Key Policy Issues: ~~~I~i~~o~:~ percentage q.... Income eligibility On-site construction alternatives '" Inclusionary Housing Key Policy Issues: .~.... · Developer incentives · Length of affordability · Establishment of in-lieu fees · Mandatory versus voluntary " Inclusionary Housing Recommendations: · 15-25% inclusion requirement · Low to moderate income limits · Provision of developer incentiv s to motivate participation · Mandatory for new developments · Establish in-lieu fee structure " - ...., 10/18/2005 7 '"'" t-f¡ Solutions . . Regulatory Reformllmpact Fee Relief Changes in policies/procedures that enhance opportunities for the creation of attainable housin.g . Regulatory Reform/ Impact Fee Relief Why? . To reduce the cost of building attainable housing .To allow more efficient use of land & more flexibility in housing options . To create incentives for Developers to build attainable housing 23 Regulatory Reform/ Impact Fee Relief Why? .To reduce the barriers to new developments -Zoning -Set backs ""'" 1 0/18/2005 8 '-' " ~~gp~~OF~eR~:~1 How? . Local government reviews land development regulations to: -streamline processes -reduce impact fees -provide design flexibility -offer fee waivers/reduction/deferrals Regulatory Reforml Impact Fee Relief Example: City of Orlando · Adopted affordable housing reforms · Developed> 6,000 affordable housing units · 1800 units were built entirely by the private sector as a result of reforms & related incentives Regulatory Reform! Impact Fee Relief o ;9ß..·... Jr< o Key Policy Issues: . Identify current ordinances/policies that create the most financial hardship for reform .Target areas for relief, income eligibility, other parameters ...., 10/1812005 " " " 9 '-" Regulatory Reform! Impact Fee Relief Recommendations: . Review land development ordinances . Identify areas for relief (including impact fees, permitting ...,: ~ · r-;¡ Solutions . Housing Trust Fund Locally established fund customized to serve the community housing needs '" Housing Trust Fund Why? .Dedicated funding for development, rehabilitation, & preservation .Helps meet specific community housing priorities & needs 30 - 10/18/2005 .", 10 '-" Housing Trust Fund Why? .Can be used to support Inclusionary Housing .Helps leverage public/private resources to finance developments " Housing Trust Fund Why? Funds can be used to: - Build attainable housing - Rehab attainable housing - Assist with CL T - Provide financial assistance to homebuyers " Housing Trust Fund How? .Established & managed locally .May receive dedicated sources of public funds and/or private sector contributions -- ...... ... -- """'" 1 0/18/2005 11 '-' Housing Trust Fund Key Policy Issues: * · Administration · Programs · Revenue Sources " Housing Trust Fund Recommendations: Facilitate creation of the housing trust fund by: · Identify key stakeholders to begin formation · Identify geographic guidelines that will most effectively serve the community needs · Identify financial requirement for establishment. J5 Where Do We Go From Here? Acceptance of Task Force recommendations to move ahead with: 1 ) Community Land Trust 2) Inclusionary Housing 3) Regulatory Reform/Impact Fee Relief 4) Housing Trust Fund " -- - - "wfI 1 0/18/2005 12 ...... Where Do We Go ~ From Here? ~ Approval for funding for additional dedicated county staff to implement Task Force recommendations -- - ... 10/18/2005 ~ 37 13 '"'" .."", TALLY SHEET 11-15-05 Code Enforcement Board APPOINTMENT HOFMANN PARUPIA RECH WELLS Commissioner Hutchinson ì< Commissioner Coward ~, Commissioner Lewis Commissioner Craft X' Commissioner Smith 'ì<' ~ I / , '-' VOTING BALLOT Code Enforcement Board Hofmann, Ra Paru ia, Arif "Pete" Rech, Mitchell E. Wells, Herb ....., '"'" wi VOTING BALLOT Code Enforcement Board Select (1) Applicant / Hofmann, Rav V Parupia, Arif "Pete" Rech, Mitchell E. Wells, Herb CO~:ER'S SIGNATURE 12/ ~/(';; '-' ...,; VOTING BALLOT Code Enforcement Board Select (1) Applicant / Hofmann, Ray ./ Parupia, Arif "Pete" Rech, Mitchell E. Wells, Herb '"'" ...,; VOTING BALLOT Code Enforcement Board Select (1) Applicant Hofmann, Ray ,~_/ ~ Parupia, Arif "Pete" Rech, Mitchell E. Wells, Herb '-' ...,; VOTING BALLOT Code Enforcement Board Select (1) Applicant Hofmann, Ray Parupia, Arif "Pete" i Rech, Mitchell E. Wells, Herb ~ Select (1) Applicant Hofmann, Ray Parupia, Arif "Pete" Rech, Mitchell E. Wells, Herb COMMISSIONER'S SIGNATURE: VOTING BALLOT Code Enforcement Board -...I ....... Select (1) Applicant Hofmann, Ray Parupia, Arif "Pete" Rech, Mitchell E. Wells, Herb COMMISSIONER'S SIGNATURE: VOTING BALLOT Code Enforcement Board ..."" .... .....- '-' AGENDA REQUEST ...., ITEM NO. 3A November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY: 81. Lucie County Board of County Commissioners Administration SUBJECT: Annual Reorganization BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Elect a Chairman for 2005 - 2006. COMMISSION ACTION: IXAPPROVED [] DENIED [ ] OTHER: Approved 5-0 Comm. Coward appointed Doug as . Anderson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - - ~ -- 'w' AGENDA REQUEST ...,; ITEM NO. 38 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY: St. Lucie County Board of County Commissioners Administration SUBJECT: Annual Reorganization BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Elect a Vice-Chairman for 2005 - 2006. COMMISSION ACTION: ~PPROVED [] DENIED [ ] OTHER: Approved 5-0 Comm. Craft appointed Douglas M. Anderson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: Managemenl & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - - - -- - - ~ AGENDA REQUEST ...,; ITEM NO. 3C1 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY: St. Lucie County Mosquito Control District Administration SUBJECT: Annual Reorganization BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Elect a Chairman for 2005 - 2006. COMMISSION ACTION: :KAPPROVED [] DENIED [ ] OTHER: Approved 5-0 Comm. Smith appointed Dou la . Anderson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - - '-' AGENDA REQUEST -....I ITEM NO. 3C2 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY: St. Lucie County Mosquito Control District Administration SUBJECT: Annual Reorganization BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Elect a Vice Chairman for 2005 - 2006. COMMISSION ACTION: [XAPPROVED [] DENIED [ ] OTHER: Approved 5-0 Comm. Lewis appointed Dougl sM. Anderson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - '"'" AGENDA REQUEST ...., ITEM NO. 3C1 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY: St. Lucie County Erosion Control District Administration SUBJECT: Annual Reorganization BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Elect a Chairman for 2005 - 2006. COMMISSION ACTION: Approved 5-0 Comm. Hutchinson appointed CONZ ¿ Douglas M. Anderson County Administrator ["APPROVED [] DENIED [] OTHER: Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - '"'" AGENDA REQUEST ...,; ITEM NO. 3C2 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY: 81. Lucie County Erosion Control District Administration SUBJECT: Annual Reorganization BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Elect a Vice Chairman for 2005 - 2006. COMMISSION ACTION: CONCURRENCE: Approved 5-0 Comm. Coward appointed /~?- Douglas M. Anderson County Administrator - [1f,PPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 '-' AGENDA REQUEST ...., ITEM NO. 3C1 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: St. Lucie County Environmental Control Board SUBMITTED BY: Administration SUBJECT: Annual Reorganization BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Elect a Chairman for 2005 - 2006. COMMISSION ACTION: Approved 5-0 Comm. Smith appointed C:U7 Douglas M. Anderson County Administrator [jf-PPROVED [] DENIED [] OTHER: Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 '"'" AGENDA REQUEST 'WI ITEM NO. 3C2 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: 51. Lucie County Environmental Control Board SUBMITTED BY: Administration SUBJECT: Annual Reorganization BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Elect a Vice Chairman for 2005 - 2006. COMMISSION ACTION: Approved 5-0 Comm. Lewis appointed CONCURRENCE: /-jI Douglas ¡.{ Anderson ---- County Administrator KAPPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 ITEM NO. 3D November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY: SUBJECT: BACKGROUND: Hutchinson Coward Smith Smith Smith Smith Coward FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: - '-' AGENDA REQUEST ...,.¡ St. Lucie County Board of County Commissioners Administration Annual Reorganization The Chairman of the Board of County Commission Automatically serves as a member on (or their designee): The Commissioner currently serving is in parenthesis: · St. Lucie County Chamber of Commerce Board of Directors (Commissioner Hutchinson 11/04-11/05) · Treasure Coast Workforce Consortium (Commissioner Hutchinson 11/04-11/05) · Public Safety Coordinating Council (Commissioner Hutchinson 11/04-11/05) · Shared Services Network Executive Round Table (Commissioner Smith 11/04-11/05) · Tourist Development Council (Commissioner Smith 11/04-11/05) · Treasure Coast Community Alliance (Commissioner Smith 11/04-11/05) I Local Government Subcommittee (Commissioner Hutchinson 11/04-11/05) Agenda Item 3D Page Two COMMISSION ACTION: [)G\PPROVED [] DENIED [] OTHER: Approved 5-0 Review and Approvals County Attorney: Originating Dept: Finance: -- ... ~ ...,; C~7 Douglas M. Anderson County Administrator Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - '-" AGENDA REQUEST ...., ITEM NO. 3E November 15, 2005 TO: SUBMITTED BY: St. Lucie County Board of County Commissioners REGULAR (X] PUBLIC HEARING (] CONSENT (] Administration SUBJECT: Annual Reorganization BACKGROUND: The Chairman will appoint one Commissioner to serve on the following boards/committees for a one-vearterm. The Commissioner currently serving is in parenthesis: Lewis · Alcohol, Drug Abuse and Mental Health Committee (Commissioner Lewis 11/04-11/05) Craft · Blueway Advisory Committee (Commissioner Craft 11/04-11/05) · Committee for a Sustain sure Coast (Commissioner rd 11/04-11/05) \.of 'I h í. 1'6 ~ûý I-\crNe.... AlIerr'íate: (Commissioner Hutchinson 11/04-11/05) J Craft · Corridor Advocacy Group (Scenic Highway) (Commissioner Craft 11/04-11/05) Lewis · Council on Aging (Commissioner Lewis 11/04-11/05) Smith · County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries (Commissioner Smith 11/04-11/05) Hutchinson . Friends of the St. Lucie County Library (Commissioner Lewis 11/04-11/05) Hutchinson. · Indian River Lagoon National Estuary Program Advisory Board (Commissioner Smith 11/04-11/05) - . Agenda Item 3E Page Two '-' ..., Craft · Land Acquisition Selection Committee (Commissioner Craft 11/04-11/05) Lewis · Law Library Board of Trustees (Commissioner Lewis 11/04-11/05) Craft Hutchinson · Local Government Subcommittee (Commissioner Craft 11/04-11/05) (Commissioner Smith 11/04-11/05) Hutchinson Smith Craft · Metropolitan Planning Organization (Commissioner Hutchinson 11/04-11/05) (Commissioner Smith 11/04-11/05) (Commissioner Craft 11/04-11/05) (Commissioner Lewis 11/04-11/05) Alternate: (Commissioner Coward 11/04-11/05) Lewis Alternate: Coward Lewis .. Nineteenth Judicial Circuit Conflict Committee (Commissioner Lewis 11/04-11/05) . Treasure Coast Community Action Agency Tripartite Board (Commissioner Lewis 11/04-11/05) Lewis I Property & Homeowners' Association (Commissioner Coward 11/04-11/05) (Designee: Barbara Felton, Ex. Aide to Commissioner) Lewis Hutchinson I Sunrise Theatre Board (Commissioner Hutchinson 11/04-11/05) Lewis · Transportation Disadvantaged Local Coordinating Board (Commissioner Lewis 11/04-11/05) Hutchinson I Treasure Coast Council of Local Government (Commissioner Hutchinson 11/04-11/05) Craft Coward Smith Lewis . Treasure Coast Regional Planning Council [2 members and 2 alternates] (Commissioner Craft 11/04-11/05) (Commissioner Coward 11/04-11/05) Alternate: (Commissioner Smith 11/04-11/05) Alternate: (Commissioner Lewis 11/04-11/05) Agenda Item 3E Page Three 'w ..", Lewis Craft Coward . Value Adjustment Board [3 appointments, 1 year each] (Commissioner Lewis 11/04-11/05) (Commissioner Craft 11/04-11/05) (Commissioner Smith 11/04-11/05) FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: KAPPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas M. Anderson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 \w' AGENDA REQUEST "'" ITEM NO. 3F November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SI. Lucie County Board of County Commissioners SUBMITTED BY: Administration SUBJECT: Annual Reorganization BACKGROUND: The Chairman may retain the following Committee appointment(s) unless a new appointment is requested. The Commissioner currently serving is in parenthesis: Lewis · Children's Services Council (Commissioner Lewis 11/04-11/05) Craft · Cultural Affairs Council (Commissioner Craft 11/04-11/05) Craft · Healthy Kids (Commissioner Craft 11/04-11/05) Smith Lewis · St. Lucie County Bridge and Expressway Authority (Commissioner Smith 11/04-11/05) (Commissioner Lewis 11/04-11/05) Coward Hutchinson II SI. Lucie County Fire Prevention and Control District (Commissioner Coward 11/04-11/05) (Commissioner Hutchinson 11/04-11/05) Hutchinson Workforce Development Board of the Treasure Coast (Commissioner Lewis 11/04-11/05) FUNDS AVAILABLE: Coward . Weed & Seed Steering Committee PREVIOUS ACTION: Coward . Florida Local Government Investment Trust RECOMMENDATION: Agenda Item 3E Page Two COMMISSION ACTION: [~PPROVED [] DENIED [ ] OTHER: Approved 5-0 Review and Approvals County Attorney: Originating Dept: Finance: "-' ...,; CONC-7 ~/ Douglas M. Anderson County Administrator Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 ~ AGENDA REQUEST ...,; ITEM NO. 3G November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: St. Lucie County Board of County Commissioners SUBMITTED BY: Administration SUBJECT: Annual Reorganization - Ratification of appointments made by the Chairman. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Recommendation to approve, by motion, the various appointments made by the Chairman. COMMISSION ACTION: C;Cç Douglas M. Anderson County Administrator .. XAPPROVED [] DENIED [ ] OTHER: Approved 5-0 Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 ~ - ...... - '-" AGENDA REQUEST ....., ITEM NO. 3H 1 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY (DEPT): Board of County Commissioners Commissioner Smith SUBJECT: Committee Appointments BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratification of Commissioner Smith's Committee appointments. COMMISSION ACTION: jkAPPROVED 0 DENIED [] OTHER: Approved 5-0 o glas M. Anderson County Administrator Review and Approvals County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: _ (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 --- --.-. --- '"'" AGENDA REQUEST ....,¡ ITEM NO. 3H 2 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: Board of County Commissioners SUBMITTED BY (DEPT): Commissioner Coward SUBJECT: Committee Appointments BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratification of Commissioner Coward's Committee appointments. COMMISSION ACTION: rKAPPROVED [] DENIED [] OTHER: Approved 5-0 Doug as M. Anderson County Administrator Review and Approvals County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: _ (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 .... ... ..... ~ AGENDA REQUEST 'wtI ITEM NO. 3H 3 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY (DEPT): Board of County Commissioners Commissioner Lewis SUBJECT: Committee Appointments BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratification of Commissioner Lewis's Committee appointments. Approved 5.-0 C:ç Douglas M. Anderson County Administrator COMMISSION ACTION: kAPPROVED II DENIED II OTHER: Review and ADDrovals County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: _ (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 - .... ~ AGENDA REQUEST '...J ITEM NO. 3H 4 November 15, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY (DEPT): Board of County Commissioners Commissioner Hutchinson SUBJECT: Committee Appointments 2005-2006 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratification of Commissioner Hutchinson's Committee appointments for 2005-2006 COMMISSION ACTION: 1tAPPROVED [] DENIED o OTHER: Approved 5-0 Review and Approvals County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: _ (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 - '-" AGENDA REQUEST ....", ITEM NO. 3H 5 November 15, 2005 REGULAR [X] PUBLIC HEARING ß CONSENT ß S~",L:~H~H·E .., t COUNTY . FLORIDA - TO: SUBMITTED BY (DEPT): Board of County Commissioners Commissioner Craft SUBJECT: Committee Appointments BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratification of Commissioner Craft's Committee appointments. COMMISSION ACTION: iAPPROVED U DENIED U OTHER: Approved 5-0 Douglas . Anderson County Administrator Review and Approvals County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: _ (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 -.,.. - AGENDA REQUESf ITEM NO. 3H 6 DATE: November 15, 2005 REGULAR [X] PUBLIC HEARING 0 CONSENT 0 SUBMITTED BY (DEPT): Administration TO: Board of County Commissioners SUBJECT: Code Enforcement Board BACKGROUND: The Code Enforcement Board currently has one vacant at-large appointment. FUNDS AVAILABLE: N/A PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends that the Board select one at large appointee from the attached candidate applications submitted to fill the vacant at-large appointment. COMMISSION ACTION: jtAPPROVED 0 DENIED o OTHER: CO~~ ./ -, Douglas M. Anderson County Administrator Approved by a vote of 3-2 Ray Hofmann - Comm. Smith voted for Mr. Parupia and Comm. Craft voted for Mr. Rech. Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 - ,., -... -'~~ ....... -...I St. Lucie County Board of County Commissioners Application for Servina on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: I Must be a County resident 2 Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. 3 Must not be employed by the same business entity as other committee members. 4 Must not serve on more than 2 County committees Note: Some committees have additional requirements; please inquire when subnbttillY this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are. interested in. See the list below. 2. Name: /(J1y ÆF/?//lA/A/ ?? 2 - 33S:- () Y6' I 3. HOdJ~~s~,E /ØL¿4//I'JIIJ ~£éT Phone: 4. Which commission district do you live in? PIÓ7/( I C Î :iJ- ;;¡,.. 5. Business/Occupation fl LIE... n/? e-» htJ(:A"T/)Æ 6. Business address: - - .....---.- tp'f --...,.... '"'" ...,; 7. W~7~ 8. Do you currently serve on a county fommittee(s)? If so, please list L1 j'J .....'57:- ,~ ;r~/¡; (J,Vllf7,Ý :i3Y}R) IJ.F E"7Jf./rA'T/iJi1/ ,ot.l7J6ET )"<;§V,;EJ,t/ 10.Would you consider serving on another board other than the one(s) stated above? (Please specify) fì ~ ~ N ~DY;~ tlt ~:P:¡' flA<:d/{/~ 11comm:~LA~~-Il~ ¡~ SIGNATURE: ')f7 F DATE: 2.-,,-';- . / St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: tI Beach Preservation Task Force II Board of Adjustment a Central Florida Foreign-Trade Zone, Inc. a Children's Services Council sa Citizen's Budget Development Committee ,.. Code Enforcement Board a Community Development Block Grant Citizen's Advisory Task Force a Contractors Certification Board sa Cultural Affairs Council a Emergency Medical Services Advisory Council a Environmental Advisory Committee a Environmental Hearing Board II FI. Dept. of Children and Family Services Committee District 15 2 -- - '"'" 'wi 1:1 FI. Dept. of Children and Family Services Nominating Qualifications Review Committee District 15 1:1 Fort Pierce Harbor Advisory Committee tI Historical Commission 1:1 Housing Finance Authority IS Investment Committee IS Library Advisory Board IS Planning & Zoning Commission/Local Planning Agency IS Restudy Coordination Committee t(: St. Lucie County Recreation Advisory Board IS Tourist Development Council 1:1 Treasure Coast Health Council, Inc. t(: Treasure Coast Regional Economic District/Overall Economic Development Program Committee it(: Vegetation Protection Committee APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, Fl 34982 Phone: (772) 462-1156 3 -- ~..- .. ~ '-' Rav Hofmann 2525 S. E. Hallahan Street Port 81. Lucie, Florida 34952 Home Phone 561-335-0481 Email Grouperll@AOL.com OBJECTIVE: Seeking membership on TASK FORCE - AFFORDABLE HOUSING EDUCATION: B.S. (1963) and M.A. (1973) Towson State University Additional graduate work at Towson State University & Loyola College for a total of 60 credits beyond masters. ATTRIBUTES: Dedicated retired teacher, patient and understanding, good planning and organization skills, willing to accept challenges, knowledge of computers. WQRK EXPERIENCE: December, 1962 - July, 1992 Educator in the Baltimore County School System, Maryland, having served in the following capacities: core teacher, social studies teacher, department chairperson social studies, supervisor of social studies summer school, principal of summer school, principal/teacher of Afternoon Middle School Program for expelled students, teacher Adult Education Program for OED and SAT preparation. In addition, spent many summers writing curriculum for social studies and adult education. Realtor - Maryland from 1980 to 1985 VOLUNTEER EXPERIENCE: Public Defender's Office - first appearance fact gathering States Attorney's Office - working with witnesses Savannas Reserve Endowment - treasurer, editor of news letter Savannas Reserve Endowment - president 1998 - 2001 St. Lucie County Board of Education Budget Review Committee 1998 - 2005 CERTIFICATION: Maryland State Department of Education Advanced Professional as Secondary Principal, Teacher Social Studies grades 5 - 12, and History grades 5 - 12. (expired) District Board of Trustees for Indian River Community College in the following: Education & Adult Education at the Pre-Baccalaureate Level (expired) REFERENCES AVAILABLE UPON REQUEST - ..... 'w' ...,; St. Lucie County Board of County Commissioners Application for Servin~ on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: · Must be a County resident · Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. · Must not be employed by the same business entity as other committee members. · Must not serve on more than 2 County committees Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested In. See the list below. 2. Name: AR I.F ¥ fETE" /Af!.ufl A Phone: 77;2. - 370 - 7573 3. Home address: tU I~' !) 2 11- /' /l- / . .- J 0 'f{'::) 0 1-< IAn .J;_.2¿J:1 -- . ~/ r 6YU .y ,/-úc.-tv i I--t.. 4. Which commission district do you live in? . -.1)4:6-th_L.~ ,¡-- l.J fÆ.tt~ 4-JM 7;~<;;l~ 5. Business/Occup.ation _;: ðj [ n h IU'./ ..LYA./ -rt/lv ;r~u~ ()~ ð:....,-¡;::; ~~ 6. Bus~ness addres7,J -I" ff> JI . /J /J J L r () Þ /, /:) ij2,t¡ SF 1!f1/' __' ~ j!XA- ;' ítTfA ðf - þ_UA- / r'L.- 7. Brief resume of education & experienc~se attac~' 349ft. 3tf98Lf 8. Do you currently serve on a county commlttee(s)? If so, please list: f·h) 9'b~l¥?e¿~t:¥~~ 10. Would you consider serving on another board other than the one(s) stated above? (Please . specify) ¡}~ M¿ ~ ~ . 11 . Comments: St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: a Beach Preservation Task Force a Board of Adjustment a Central Florida Foreign-Trade Zone, Inc. a Children's Services Council a Citizen's Budget Development Committee Jf Code Enforcement Board 5- Community Development Block Grant Citizen's Advisory Task Force JIl Contractors Certification Board a Cultural Affairs Council a Emergency Medical Services Advisory Council a Environmental Advisory Committee a Environmental Hearing Board a Fl. Dept. of Children and Family Services Committee District 15 a Fl. Dept. of Children and Family Services Nominating Qualifications Review Committee District 1 5 a Fort Pierce Harbor Advisory Committee a Historical Commission a Housing Finance Authority a Investment Committee a Library Advisory Board )4 Planning & Zoning Commission/Local Planning Agency a Restudy Coordination Committee a St. Lucie County Recreation Advisory Board a Tourist Development Council a Treasure Coast Health Council, Inc. a Treasure Coast Regional Economic District/Overall Economic Development Program Committee a Vegetation Protection Committee APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 '"'" ......, RESUME Arif "Pete" Parupia Clo 439 SE Port St. Lucie Blvd., Suite 109 Port St. Lucie, Florida 34984 772-370-7573 EXPERIENCE LANDTECH TITLE SERVICES, INC. (3/01 - Present) Co-Owner of Full Service Title Company. Licensed with the State of Florida, Oversee operations, Marketing of services, contact with Realtors, Builders, Investors and Consumers for all Title Insurance Needs. Owner of several different corporations for Real Estate Development and Home Building. Includes all phases of construction, managing and overseeing day to day operations while buildings under construction, leasing the premises and managing all financing and budgeting of the projects. FIDELITY NATIONAL TITLE INSURANCE COMPANY (2/00 -1/03) Director of Business Development. Responsible for locating and opening new offices in the Treasure Coast area, recruiting, interviewing and hiring of new employees to staff these offices, Marketing and Sales. FIRST AMERICAN TITLE INSURANCE COMPANY (12/80 - 1/00) President and Manager of St. Lucie County Qperation. Managed all county offices, responsible for Management of day to day operations. Reported directly to Regional Manager. Part owner of company that showed consistent profitability when most of the rest of the state was running in the negative. Supervised a staff of 30 employees, between 3 offices. Extensive knowledge of an phases of the Title Industry, including closings, title search and examination, marketing and sales, and Respa Regulations. EDUCATION Associate of Science Degree in Business Management Paralegal Courses Associate in Arts Degree in Marketing Completion of GRI I and II Courses from the Real Estate Institute BUSINESS RELATED DESIGNATIONS AND ACTIVITIES Real Estate Broker's License (Expired) Real Estate Instructor for St. Lucie Association of Realtors (Expired) -- --- ..............--- '-' ...,; Title Insurance License Mortgage Broker's License (Expired) Member of Education committee for the Board of Realtors Past Member of Chamber of Commerce Port St. Lucie Police Department Volunteer Co-Owner of Coastal Floors Past Vice-President of Kiwanis Club Past Member of City of Port St. Lucie Code Enforcement Board (5/12/97 - 8/11/05) References: John Skinner, City of Port St. Lucie Chief of Police Robert Minsky, Mayor, City of Port St. Lucie Michael Brown, Sr., CEO Harbor Federal Michael Brown, Jr., President, Harbor Federal ...... ....,,¡ St. Lucie County Board of County Commissioners Application for Servin~ on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: · Must be a County resident · Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. · Must not be employed by the same. business entity as other committee members. · Must not serve on more than 2 County committees Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: /VJlf?llell P /2ec.h Phone: 7 7'2. - ~ 79 - tJ 0 ':t"7 3. Home address: . /'j.,,1 40/¡:J UJ I I. ptA/'> /tve, P5L '34-'35'2 4. Which commission district do you live in? ..P:3 5. Business/Occupation f:? e-fr r t!' cl 6. Business address: »/;4 7. Brief resume of education & experience: (Please attach resume) ...ç¿~- 4 ffd/:hed 8. Do you currently serve on a county committee(s)? If SOl please list: Ale? 9. Why do you think you are qualified to serve on the committee(s) indicated? Arr. 171 fer~¿LOI Ð,a<''9V7-e'''-,;/'¡::P'7'ì ¡,.(ip I.rf~·-hk /'yoST r~~~~ . 10. Would you consider carving on another board other than the one(s) stated above? (Please specify) , /...., ....., /~.J~/ 11. Comments: d)¡()JU~ SIGNATURE: ~éP ~ DATE: ¿;:>{p {>,..:f, û.c;- St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: tI Beach Preservation Task Force tI Board of Adjustment tI Central Florida Foreign-Trade Zone, Inc. tI Children's Services Council tI Citizen's Budget Development Committee tI Code Enforcement Board tI Community Development Block Grant Citizen's Advisory Task Force tI Contractors CertIfication Board tI Cultural Affairs Council tI Emergency Medical Services Advisory Council tI Environmental Advisory Committee tI Environmental Hearing Board tI FI. Dept. of Children and Family Services Committee District 15 tI FI. Dept. of Children and Family Services Nominating Qualifications Review Committee District 1 5 tI Fort Pierce Harbor Advisory Committee tI Historical Commission tI Housing Finance Authority tI Investment Committee tI Library Advisory Board tI Planning & Zoning Commission/Local Planning Agency tI Restudy Coordination Committee tI St. Lucie County Recreation Advisory Board tI Tourist Development Council tI Treasure Coast Health Council, Inc. tI Treasure Coast Regional Economic District/Overall Economic Development Program Committee tI Vegetation Protection Committee tI Bicycle/Pedestrian Advisory Committee tI Attainable/Affordable/Workforce Housing Task Force APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 '-' ""'" Mitchell E, Rech 406 Willows Avenue Port Saint Lucie, FL.34952 772/879-0097 e-mail Mitch504@bellsouth.net October 6, 2005 I have lived in St.lucie County since November 1969. Architectual design and Draftiing for most of those years. I retired about 2 'l2 years ago. I am familiar wth most codes ,but will have to brush up on the latest. High school graduate, 1940 WW2 veteran, Served with the 82nd Airborne Div. Studied Architecture under two AlA Architects. t#clht(!J~ Mitchell E. Rech ~ ., St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: · Must be a County resident · Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. · Must not be employed by the same. business entity as other committee members. · Must not serve on more than 2 County committees Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: Co/)! e1I ¡;D~ Ce: Ifnr 1. Please indicate the committee(s) you are interested in. See the list below. 16~ 2. Name: N~R.8 WA-LL ~ Phone: 3. Home address: 8/J'CcJ eP~të."Clhlæ- ~þ 4. Which commission district do you live in? DI s~,rT .:;¡ ~ 5. Business/Occupation R~17 Rt;1) 6. Business address: 35"" r¡ - 567ë. /0/ Jilt l-èJpr P/~tr ..1f1~'I" Pc [:(1 !fJ'h· C/i(.c 7. Brief resume of education & experience: (Please attach resume) soJtfn C'ol.L~o.e' C~:/ry '. ¡::~ +- t.>lIct~ 1Jl..L ¡p C'DI' "c.Tl~ ~. ~V '-'~ BWH.r A- 1/ :.', Cl.ðfF ('6VT;fer tVllN 'Sf- Lur ~ rt>nr /)lrtr:::7lIþ~ ~ J~.1: IJa-11t- 11/ ~)#IC- ....~ Ho#/}" ~ /)/ rø~'¿'A-Þek AI, 8 ~ Wrp} ~~t 1.ul3ve;. (?:67 .NJp ll:> 8. Do you currently serve on a county committee(s)? If so, please list: C'oµPIJfIr I'1v ..4-t'7'ftll7'IN þO I' 9. Why do you think you are qualified to serve on the committee(s) indicated? YE~ ~~ 10. Would you consider ~orving on another board other than the one(s) stated above? (Please specify) ~ ....", Me) 11. Comments: /-J-,4vp ß-r7'/:JIIpe¡; 1t"þy Cc#Ii .IOIÞtf;> j£vtR,OL ~ SIGNATURE: ~~ DATE: Jf øc,r '2.oos- 17If,.NYf!> pIT If St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: a Beach Preservation Task Force a Board of Adjustment a Central Florida Foreign-Trade Zone, Inc. a Children's Services Council a Citizen's Budget Development Committee a Code Enforcement Board a Community Development Block Grant Citizen's Advisory Task Force a Contractors Certification Board a Cultural Affairs Council a Emergency Medical Services Advisory Council a Environmental Advisory Committee a Environmental Hearing Board a FI. Dept. of Children and Family Services Committee District 1 5 a FI. Dept. of Children and Family Services Nominating Qualifications Review Committee District 1 5 a Fort Pierce Harbor Advisory Committee a Historical Commission a Housing Finance Authority a Investment Committee a Library Advisory Board a Planning & Zoning Commission/Local Planning Agency a Restudy Coordination Committee a St. Lucie County Recreation Advisory Board a Tourist Development Council a Treasure Coast Health Council, Inc. a Treasure Coast Regional Economic District/Overall Economic Development Program Committee a Vegetation Protection Committee a Bicycle/Pedestrian Advisory Committee a Attainable/Affordable/Workforce Housing Task Force APPLlCA nON WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 f ~/ '"'" ...,; AGENDA REQUEST ITEM NOC18 DATE: November 15, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-422 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-423 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05- 422 and Resolution No. 05-423 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: Approved 5-0 CONCURRENCE: -<o¿~rson County Administrator [](I APPROVED [ ] DENIED [ ] OTHER: County Attorney: Jv' Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff.5/96 -, '-' ....." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1876 DATE: November 8,2005 SUBJECT: Resolution No_ 05-422 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-423 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-422 extending the state of emergency for Hurricane Frances until November 26, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-423 extending the state of emergency for Hurricane Jeanne until November 27, 2005 at 7:00 a.m. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-422 and Resolution No. 05-423 as drafted. DSM/ caf Attachments -. > '"'" ...., RESOLUTION NO. 05-422 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS. the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 1, 2004, at 4:00 p.m. due to Hurricane Frances. 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until November 26, 2005 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective November 19, 2005 at 4:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx XXX XXX '. .. '"'" """'" PASSED AND DULY ADOPTED this 15th day of November, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '. '-" -....II RESOLUTION NO. 05-423 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for Seven (7) days until November 27, 2005 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective November 20, 2005 at 7:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft XXX XXX xxx xxx xxx '. ....... -' PASSED AND DULY ADOPTED this 15th day of November, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY " y '-" 'W!I AGENDA REQUEST ITEM NO.C_L 6 DATE: November 15, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-424 Extending the State of Emergency for Hurricane Wilma BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05- 424 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CE: [}(1 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do glos Anderson County Administrator County Attorney: }d' Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 '-" 'WI INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1877 DATE: November 8, 2005 SUBJECT: Resolution No. 05-424 Extending the State of Emergency for Hurricane Wilma ************************************************************************** BACKGROUND: Attached is a copy of draft Resolution No. 05-424 extending the state of emergency for Hurricane Wilma until November 24, 2005 at 6:00 a.m. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-424, as drafted. DSM/ caf Attachment · '-' ...., RESOLUTION NO. 05-424 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE WILMA) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on October 22, 2005, at 6:00 a.m. due to Hurricane Wilma. 3. The effect of Hurricane Wilma has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property, 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until November 24, 2005 at 6:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective November 17, 2005 at 6:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx , '-' 'wi PASSED AND DULY ADOPTED this 15th day of November. 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY - ,/ \w' AGENDA REQUEST IT~O. c::. -~ C- Date: November 15, 2005 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Rupert 1. Smith Law Library ofSt. Lucie County - Supporting amendment of Chapter 2001-325, Laws of Florida, to increase membership of Board of Trustees BACKGROUND: See C.A. No. 05-1892 FUNDS A V AIL.(State type & No. of transaction or N/A): NIA RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed amendment to Chapter 2001-325, Laws of Florida, for presentation to the Legislative Delegation. COMMISSION ACTION: Approved 5-0 C7E' Douglas M. Anderson County Administrator '1)(1 APPROVED [] DENIED [ ] OTHER: County Attorney: Jt/ Coord ination/SÏ!!ßatu res Mgt. & Budget: Purchasing: Originating Dept.: Other: Other' Finance (Check for Copy only, if applicable): - - ... .. '-' ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1892 DATE: November 9, 2005 SUBJECT: Rupert J. Smith Law Library of S1. Lucie County - Supporting amendment of Chapter 2001-325, Laws of Florida, to increase membership of Board of Trustees BACKGROUND: Attached to this memorandum is a copy of a proposed House Bill which would amend of Chapter 2001-36, Laws of Florida, to increase the membership of the Board of Trustees of the Rupert J. Smith Law Library of S1. Lucie County. As set forth in the draft bill, the membership would increase from three to five by increasing the number of attorneys serving on the Board of Trustees from one to two and adding a lay member appointed by the President of the Friends of the S1. Lucie County Library Association, Inc. The President of the S1. Lucie County Bar Association and the President of the Port S1. Lucie Bar Association would each appoint one of the two attorney members. The proposed amendment has been endorsed by the Board of Trustees and the S1. Lucie County Bar Association. If approved by the Board of County Commissioners as required by the Legislative Delegation, the Board of Trustees will present the proposed bill to the Legislative Delegation during their meeting on December 1,2005. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed amendment to Chapter 2001-325, Laws of Florida, for presentation to the Legislative Delegation. Respectfully submitted, H~ung Assistant County Attorney Attachments HY/ Copies to: County Administrator Library Director \w' - - - . ~ HOUSE BILL NO. An Act relating to the Rupert 1. Smith Law Library of St. Lucie County; amending Ch. 2001-326, § 1, at 3440, Laws of Florida; increasing membership on board of trustees and providing for appointment thereof; providing an effective date. WHEREAS, the Rupert J. Smith Law Library of St. Lucie County was established by Ch. 2001-326, Laws of Florida, in recognition that establishment of such facility is necessary and desirable to the proper and expeditious administration of justice in St. Lucie County where available to Judges and offices of the several courts of said county and the cOW1ty officials and members of the Florida Bar and general public; and, WHEREAS, Ch. 2001-326 provides that such library is to be governed by a board of trustees and where it is desirable that such board be composed of members representing all major groups accessing the library so that representation on the board of trustees should additionally include representatives for and on behalf of the general public and the Port St. Lucie Bar Association. NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida as follows: Section 1. Chapter 2001-326, Section 1, Laws of Florida, is hereby amended so that the same shall read hereinafter as follows: Section 1. There is hereby created a Board of Trustees to be known as "Board of Trustees, Rupert J. Smith Law Library of St. Lucie County", which said board shall consist oftlll(.(. (J) five (5) members; the membership of the said board shall consist of a Circuit Judge who is a resident of St. Lucie County, to be designated by the Chief Judge of the Nineteenth Judicial Circuit, one member of the Board of County Commissioners of St. Lucie County, Florida, to be chosen by the said Board of County Commissioners biennially, and one two active practicing attorney 2 who resides in St. Lucie County, one to be appointed by the President of the St. Lucie County Bar Association. and one to be avvointed by the President of the Port St. Lucie Bor Association. and a lav member to be avpointed bv the President of the Friends of the St. Lucie COW1ty Library Association. Inc. At the time this Act takes effect, ~ two attorney'~ shall be appointed for a term of 1 year, beginning on the first Tuesday after the first Monday in January of each year. The Board of Trustees shall have full power and authority to establish, operate, and maintain one or more Law Library Facilities within St. Lucie County, Florida, at such place or places as may, from time to time, be designated by said Board of Trustees; to prescribe rules and regulations as to its own functions and organization; and to prescribe and enforce rules and regulations as to the use, maintenance and operation of said law library. Said Board of Trustees shall purchase books, furniture, equipment and supplies either for cash or upon retained title or other contracts which shall be payable solely out of said law library fund and not otherwise. Section 2. In the event of a conflict between the provisions of this Act and the provisions - - ... -. ~ ...,; of any other Act, the provisions of this Act shall control to the extent of such conflict. Section 3. This Act shall take effect upon becoming a law. ~ - - - ~ ITEM NO.5 DATE: 11/15/05 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( X ) PUBLIC HEARING: ( ) CONSENT: ( ) ~RE TED BY: ~~{Q IS Grim Code Compliance Manager SUBMITTED BY (DEPT): PUBLIC WORKS - CODE SUBJECT: Requirements for Aluminum Structures BACKGROUND: The BOCC directed staff to present a solution to the problem that arose from hurricane Wilma. Hurricane Wilma has proved that current standards and allowing structures to be attached to the host structure is not effective in preventing the destructive forces of a hurricane. FUNDS AVAILABLE: NIA PREVIOUS ACTION: BOCC heard this agenda item on 11/1/05 and has continued until the 11/15/05 meeting. A meeting was held on November 8, 2005 for contractors and homeowners association to discuss the problem and to reach a reasonable solution. RECOMMENDATION: Staff will present the findings of the November 8, 2005 to the BOCC. Staff recommends that the BOCC approve the recommendations presented which will result in requiring the replacement of aluminum structure to include 4th wall construction design starting on January 1, 2006. The County will provide aluminum structure permits for anyone to use at no cost to the contractor or homeowner. Contractors will be allowed to use engineered manuals for design or site specific engineering. ~APPROVED o OTHER: o DENIED Approve 3-2 Comm. Smith - No Corom. Craft - ~o Motion to accept staffs recommendation. C;7' - COMMISSION ACTION: Douglas Anderson County Administrator I!I Originating Dept: (Pub. Wks.1 @ I!I Management and BUdget~ I!I Finance: Other Review and Approvals I!II Purchasing: ~/ I!I County Attorney: '0 r (Y"" Parks & Recreation: Environmental Lands: Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior 10 the meeting. - -- I . ~ . '"'" ....." PUBLIC WORKS DEPARTMENT CODE COMPLIANCE DIVISION ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Dennis M. Grim, Code Compliance Manager DATE: 11/10/05 RE: Requirements for Aluminum Structures ************************************************************************************************************ BACKGROUND: The BOCC directed staff to present a solution to the problem that arose from hurricane Wilma. Hurricane Wilma has proved that current standards and allowing structures to be attached to the host structure is not effective in preventing the destructive forces of a hurricane. BOCC heard this agenda item on 1111105 and has continued until the 11/15/05 meeting. A meeting was held on November 8, 2005 for contractors and homeowners association to discuss the problem and to reach a reasonable solution. Staff will present the findings of the November 8, 2005 to the BOCC. Staff recommends that the BOCC approve the recommendations presented which will result in requiring the replacement of aluminum structure to include 4th wall construction design starting on January 1, 2006. The County will provide aluminum structure permits for anyone to use at no cost to the contractor or homeowner. Contractors will be allowed to use engineered manuals for design or site specific engineering. '-' ...., BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA November 15, 2005 REVISED 11/14/05 CONSENT AGENDA CA1. ADMINISTRATION Continuation of Building Conventionally Built Homes in Spanish Lakes 1, Spanish Lakes Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village - Direct staff to accept up to 500 (total all parks included) building permit applications that would result in the construction of conventionally constructed homes in the following Spanish Lakes Communities; Spanish Lakes 1, Spanish Lakes Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village. CÞ:2. COUNTY ATTORNEY Hurricane Wilma - Resolution No. 05-429 accepting Disaster Relief Funding Agreement with State of Florida Department of Community Affairs - Consider staff recommendation to adopt proposed resolution No. 05- 429 accepting the Disaster Relief Funding Agreement with State of Florida Department of Community Affairs for Hurricane Wilma. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TOD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting .. -- -- .. ~ ..- - '-' ....", ITEM NO. DATE CA1 11/15/05 ADDITION AGENDA REQUEST REGULAR ( PUBLIC HEARING ( ) CONSENT ( X ) SUBMITTED BY (DEPT): ADMINISTRATION TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Continuation of Building Conventionally Built omes in Spanish Lakes 1, Spanish Lakes Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village. BACKGROUND: Wynn Development Corporation has requested approval of 300 additional conventionally build homes to replace mobile homes in the Spanish Lakes communities. A number of homes in these communities suffered significant damage as a result of this year's hurricane. The intent of the request is to allow the replacement of these units with more substantial structures. Because the process of converting these communities could take some time, staff is recommending that the Board, under its emergency powers, allow up to 500 conventionally built homes (total in all four communities) while we process applications to allow the permanent conversion. FUNDS AVAILABLE: None PREVIOUS ACTION: On November 9, 2004 the Board approved up to 300 conventionally built homes to replace mobile homes in the Spanish Lakes Communities. RECOMMENDATION: Direct staff to accept up to 500 (total all parks included) building permit applications that would result in the construction of conventionally constructed homes in the following Spanish Lakes Communities; Spanish Lakes 1, Spanish Lakes Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village. CE: COMMISSION ACTION: 1tAPPROVED 'GOTHER: o DENIED Approved (5-0) o glas Anderson County Administrator S:IANNE\WINIO WORDIAGENDA\CONTINUATION OF SLDG SPANISH LAKES11.15.05.DOC ----.---, ~ ~ r - -- - '-' ....." Review and Approvals º County Attorney: D Management and Budget: D Purchasing: D Originating Dept: º Other: D Other: D Finance: Check for copy only, if applicable: Anyone with a disabifity requiring accommodations to attend this meeting should contact the St. Lucie County Community SeNices Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. S:IANNE\WIN\O WOROIAGENOA\CONTINUATION OF SLOG SPANISH LAKES11.15.05.DOC w ...,; COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Douglas M. Anderson, County Administrator DATE: November 8, 2005 RE: Continuation of Building Conventionally Built Homes in Spanish Lakes 1, Spanish Lakes Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village. In 1996, Wynne Development Corporation, the developers of the Spanish Lakes - Fairways Community requested approval for a modification to the PUD/DRI documents and site plans for this project that would allow them to construct conventionally built homes in a portion of what was, to that time, a manufactured home only community. The reason for the switch in housing product was that fact with recent (mid-1990s) changes to the manufactured home building codes, most manufactured homes were now becoming as structurally strong and expensive as conventionally constructed homes. This was as a result of changes to the manufactured home building codes brought about as part of the aftermath of Hurricane Andrew in 1992, With the effects of Hurricane Francis and Jeanne on the St. Lucie County area, Wynne development requested last November that they be permitted to place conventionally built homes in their remaining communities in the County; Spanish Lakes I, Spanish Lakes - Riverfront and Spanish Lakes Country Club Village and the balance of Spanish Lakes Fairways. The Spanish Lakes Golf Village is located in the City of Port St. Lucie and any changes that would permit conventionally constructed homes in that community would have to be approved by the City of Port St. Lucie. In reviewing the project files on this matter, when the county approved the changes to the Spanish Lakes Fairways development, they approved changes to both the PUD documents (site plans and development orders) and the overall DRI (Development of Regional I mpact) development orders for this project. The changes to these plans and documents were necessary in order to ensure that all of the required legal documentation was in order. That same level of technical amendment was required in the case of the remaining Spanish Lakes communities in order to permit the introduction of these conventionally constructed homes. Specifically, to construct an additional 300 conventionally constructional homes, Wynne Development will need to file with the County the following applications: S:\ANNEIWIN\O WORO\AGENOAICONTINUATION OF SLOG SPANISH LAKES11.15.05.DOC "-' ...,; a.) An application for Major Site Plan Amendment to the Spanish Lakes I development plan. Spanish Lakes I is the oldest of the Spanish Lakes Communities and was not approved as either PUD or a DR!. The property has a standard RMH-5 zoning designation applied to it. All that is necessary to effectuate the requested changes is a revised site plan demonstrating how the new homes will fit on the sites. This may be accomplished by providing typical lot layouts including proposed setbacks and/or separation standards. Actual building lots will be identified as building permits are requested. b.) In order to achieve the desired objectives, and just as with the Spanish Lakes I community, it will be necessary for Wynne Development to provide typical details for lots to be developed. This site plan modification will have to be complete enough to include dimensioned lots and setback details. Actual building lots will be identified as building permits are requested. Acknowledging that to address the above minimum requirements will take some time, that the state of emergency related to Hurricane Wilma remains in place and that there is a real urgency in proceeding with the replacement of homes within the Spanish Lakes Communities that were damaged by the recent storms. County staff proposes that the Board authorize the following: 1. Direct County staff to accept up to 500 (total all parks included) building permit applications that would result in the construction of conventionally constructed homes in the following Spanish Lakes Communities; Spanish Lakes 1, Spanish Lakes - Riverfront, Spanish Lakes Fairways and Spanish Lakes County Club Village. The total number of permits including last year's permits will not exceed 500. 2. The minimum yard requirements for a conventionally constructed home in Spanish Lakes I, Spanish Lakes - Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village shall be: · Front · Rear · Side · Side Corner · Impervious Coverage (% of lot) · Building Height 20 feet 1 0 feet 7.5 feet 15 feet 50% maximum 35 feet (max) 3. The conventionally constructed home shall be consistent, in size, with the "Laurel" concrete block home (copy attached.) 4. The developer, Wynne Development shall priorto the filing of 50151 building permit application (total all parks included) that would result in the construction of conventionally constructed homes in any 0 the following Spanish Lakes Communities; Spanish Lakes I, Spanish Lakes- Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village, submit to the County and any other appreciate Agency or Authority, all necessary applications and revised graphics to provide for the construction of conventionally constructed homes in Spanish Lakes I, Spanish Lakes - Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village. SIANNElWINIO WOROIAGENOAICONTINUATION OF SLOG SPANISH LAKES11.15.05.DOC ..... ...,; Staff recommends that the Board approve the request of Wynne Development Corporation to continue the introduction of conventionally constructed homes in following Spanish Lakes Communities; Spanish Lakes I, Spanish Lakes - Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village, subject to the above cited conditions. If you have questions, please let me know. DMA/bjm S:IANNEIWINIO WORDIAGENDAICONTINUATION OF BLDG SPANISH LAKES11.15.05.DOC ¥ ...., AN EMERGENCY ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR TO ALLOW AN ADDITIONAL 300 BUILDING PERMITS THAT WOULD RESULT IN THE CONSTRUCTION OF ADDITIONAL CONVENTIONALLY CONSTRUCTED SINGLE FAMILY DETACHED DWELLING HOMES IN THE FOLLOWING SPANISH LAKES COMMUNITIES: SPANISH LAKES I, SPANISH LAKES - RIVERFRONT, SPANISH LAKES FAIRWAYS AND SPANISH LAKES COUNTRY CLUB VILLAGES WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The impact of Hurricane Wilma has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. On October 22, 2005, at 6:00 am, the St. Lucie County Public Safety Director declared a state of local emergency. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 (copy attached) for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Wynn Development Corporation has previously requested approval of conventionally built homes to replace mobile homes in the Spanish Lakes communities. A number of homes in these communities suffered significant damage as a result of last years hurricanes Frances and Jeanne. The intent of their request was to allow the replacement of the units with more substantial structures. 7. On November 9, 2004, the Board of County Commissioners directed Staff to accept up to 200 (total all parks included) building permit applications that would result in the construction of conventionally constructed homes in the Spanish Lakes Communities; Spanish Lakes 1, Spanish Lakes - Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village. 8. On October 12, 2005, Wynne Building Corporation requested that the Board of County Commissioners increase the current 200 "emergency" home limit to 500 homes. 9. On October 24,2005, Hurricane Wilma struck St. Lucie County, Florida and Wynne Development Corporation's Spanish Lake Communities have suffered additional damage. '-' .." 1 O. Wynne Development Corporation is again requesting the authority to replace mobile homes in the Spanish Lakes communities with more substantial structures. NOW THEREFORE, I am issuing the following Order: 1. Effective immediately, the Public Works Director is directed to increase the emergency home limit to allow the construction of 500 conventionally built homes. 2. This Order shall continue until rescinded by order of the County Administrator or Board of County Commissioners. 3. This Order shall, as promptly as practicable, be filed in the office of the Clerk of the Circuit Court and delivered to the appropriate news media for publication and radio and television broadcast thereof. ¡rit.. Signed effective this Æ day of November, 2005, at 7: COAf.-t Douglas M. Anderson County Administrator S:\Anne\WIN\O Word\Agenda\Order-Mobile Homes.wpd .\w ....., e - RESOLUTION NO. 00- 277 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING AND RESTATING RESOLUTION NO. 94-143, AUTHORIZING THE COUNTY ADMINISTRATOR AND THE PUBLIC SAFETY DIRECTOR TO EXERCISE CERTAIN EMERGENCY POWERS AND AUTHORITY DURING A LOCAL EMERGENCY AND PROVIDING AN EFFECfIVE DATE WHEREAS, on August 23, 1994, pursuant to Chapter 252, Florida Statutes (the "Emergency Management Act") the Board of County Commissioners adopted Resolution No. 94-143 (the "Emergency Powers Resolution") to authorize the County Administrator and Public Safety Director to exercise certain administrative powers and authority during local emergencies for a period of seven days with a provision to extend the period in increments of seventy-two hours; and WHEREAS, the Emergency Management Act has been amended to allow extensions of up to seven days and therefore it is neceSsary to amend and restate the Emergency Powers Resolution to provide for seven day extensions: and WHEREAS, in addition to the emergency authority provided by the Emergency Management Act, Section 161.085, Florida Statutes (1999) and the implementing administrative rules, authorize the County to take emergency meaSures ìn the event a storm threatens private structures or public infrastructure; and .,.;ë:r:~ WHERf:~S, the I period for response under Florida Statutes 161.085, and the implementing administrative rules is 30 days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Definitions Board of County Comm£s'slonersshall mean the Board of County Commissioners for' St. Lucie County. County Administrator shall mean the St. Lucie County Administrator or his designee. '-' . ...." e e Public Safety DIrector shall mean the Sf. Lucie County Public Safety Director or his designee. Section 2: Emergency powers of County Administrator and Public Safety Director The County Administrator and the Public Safety Director shall have the following emergency powers: (a) If the Public Safety Director declares that a local emergency exists in St. Lucie county, then the County Administrator may exercise the emergency power and authority necessary to fulfill the general powers and duties as prescribed in this resolution. The state of local emergency shall remain in effect until the County Administrator determines otherwise. The duration of each state of emergency declared locally shall be limited to Seven (7) days; it may be extended, as necessary, in seven day increments with notice to the Board of County Commissioners. In addition, if the local emergency involves a threat to private structureS or public infrastructure, the local emergency may remain in effect for up to 30 days. The chairman of the Board of County Commissioners may convene the Board at anytime to perform its legislative duties as the situation demands, and shall receive reports relative to disaster preparedness activities. (b) During any period of a local emergency, the Public Safety Director shall recommend to the County Administrator to issue such directives as are deemed to protect life and property and preserve critical resources. The County Administrator, upon issuing such emergency directives, shall immediately advise the chairman of the Board of County Commissioners of the directives. The directives shall remain in effect until the County Administrator determines otherwise. Such directives may include, but shall not be limited to, the following: (1) Directives prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas within the county. (2) Directives pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to an emergency or threat of an emergency. (3) Such other directives neœssary to preserve public peace, health and safety. (c) The County Administrator shall advise the Chairman of the Board of County Commissioners of his actions regarding ordering disaster preparedness forces to the aid of '-' ...." e e other communities when required in accordance with state and county mutual aid agreements, and may reql.Jest the state, or a political subdivision of the state, to send aid to St. Lucie County in case of an emergency when conditions in the county are beyond the control of the local emergency management division. (d) The County Administrator may require emergency services of any county department, division or their employees. If regular county forces are determined inadequate, the County Administrator may require the services of such other personnel as he can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitfed to the privi leges and immunities as are provided by state law, county ordinances and policies for regular county employees and other registered and identified emergency management workers and, upon demand, may receive appropriate compensation for their etnergency employment. Section 3. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner J"ohn D. Bruhn Commissioner Paula A. Lewis Commissioner Cliff Barnes AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 21st day of November, 2000. BY: A.nST:) V)J?Lb j/a~ Deputy Clerk r~ BY: .......: , f '-" AGENDA REQUEST IT__ NO. C-A.2 ADDITIONS Date: November 15,2004 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Hurricane Wilma - Resolution No. 05-429 accepting Disaster Relief Funding Agreement with State of Florida Department of Community Mfairs BACKGROUND: See C.A. No. 05-1901 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMEND A TION: Staff recommends that the Board of County Commissioners adopt proposed resolution No. 05-429 accepting the Disaster Relief Funding Agreement with State of Florida Department of Community Affairs for Hurricane Wilma. IX! APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Doug a M. Anderson County Administrator County Attorney: ~ Coo rd ination/Si!matures Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): '-' .."", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1901 DATE: November 14,2005 SUBJECT: Hurricane Wilma - Resolution No. 05-429 accepting Disaster Relief Funding Agreement with State of Florida Department of Community Affairs BACKGROUND: Attached to this memorandum is a copy of the proposed Disaster Relief Funding Agreement ("Agreement") between the County and the State of Florida Department of Community Affairs for Hurricane Wilma. The Agreement will provide funding to the County for eligible disaster relief activities as a subgrant under the grant agreement between the Federal Emergency Management Agency ("FEMA") and the State. The rate of reimbursement will be seventy-five percent (75%) of eligible costs unless a higher percentage is subsequently approved. A copy of proposed Resolution No. 05-429 accepting the Agreement is also attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt proposed resolution No. 05-429 accepting the Disaster Relief Funding Agreement with State of Florida Department of Community Affairs for Hurricane Wilma. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Assistant County Administrator Outlaw Finance Director Management and Budget Director Public Safety Director '"'" ....., RESOLUTION NO. 05-429 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RELIEF FUNDING AGREEMENT NO. 06-WL-&K-IO-66-01- 540 BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: I. Hurricane Wilma had a devastating impact upon the State of Florida and the President of the United States declared Major Disaster No. FEMA-DR-1545-FL in all counties in the State of Florida and as a result, the Public Assistance Program was made available to eligible applicants in Declared counties. 2. This Board has sought approval for Federal and State assistance for Hurricane Wilma. 3. This Board should authorize and approve execution of the Disaster Relief Funding Agreement with the State of Florida Department of Community Affairs for the assistance of disaster relief funding. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofS1. . Lucie County, Florida: 1. This Board hereby authorizes and approves execution of the Disaster Relief Funding Agreement No. 06-WL-&K-IO-66-01-540 with the State of Florida Department of Community Affairs for the assistance of disaster relief funding. 2. The Chairman and the Clerk of the S1. Lucie County Board of County Commissioners are hereby authorized to execute the Disaster Relief Funding Agreement approved by this resolution and further, the County Attorney is hereby authorized to execute the Agreement by approving it as to form and correctness. "w' ...." After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xx XX XX XX XX PASSED AND DULY ADOPTED this XX day of November, 2005. ATTEST: Deputy Clerk g:\atty\resoltn\2005\05-429. wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 2 'w ....,.; STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 06-WL-&K-10-66-01-540 CFDA No. 97.036 Subgrantee: St. Lucie County FIPS No. 111-99111-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee" and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations, or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Wilma the event beginning October 21,2005, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 05-219. In consequence of the Event, the President of the United States on October 24, 2005, declared Emergency No. FEMA-1609-DR-FL in Brevard, Broward, Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, Miami-Dade, Monroe, Okeechobee, Osceola, Palm Beach, Polk, Sarasota and St. Lucie counties in the State of Florida. Additional counties may be added to the declaration later. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, the FEMA-State Agreement dated November 1,2005 between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Florida Statute to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the foJlowing meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100- 707; 44 Code of Federal Regulations Part 206.35; and applicable policies of the Federal Emergency Management Agency. '-" ~ B. "FEMA-State Agreement" is the agreement dated November I, 2005, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1609-DR-FL. ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the policies ofthe. Federal Emergency Management Agency. ARTICLE III. Fundin!!: and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13 and 206, which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental. Planning and Permittin!!: Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a 2 '-" ..".¡ manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, sha1l be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all appEcable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required DocumentMion, Reviews. and InSIJections. Sub grantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for this declaration is $55,500), which can be found at www.floridapa.org ]. Request for Reimbursement 2. A Summary of Documentation, which shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders; 3. A request for final inspection; 4. A signed Project Completion and CeJ1ification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Sharing. The federal share of the eJigible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the non federal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of Federal Regulations Part 206.228and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Payment of Costs. Grantee shall disburse the eEgible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: ]. A Request for Reimbursement found at www.floridapa.org 2. A Summary of Documentation shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders and is also available at 3 '"'" -."..,1 www.floridapa.org:; and, 3. A letter or notificaÜon certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 1. Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount offunds requested; 4. Subgrantee shall submit a completed Request for Advance al1(;1 Schedule of Projected Expenditures Forms which is also available at www.floridapa.org; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D.Grantee may, in its discretion. withhold its portion ofthenonfederal share offunding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent lmfavorable determination by the Federal Emergency Management Agency that a previous disbursement offunds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addiÜon to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 Code of Federal Regulations Part 13, as amended; B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A-lID, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Managel11ent and Budget Circular No. A-In, "Cost Principles for Non-Profit Organizations," 4 '-' ~ as amended. E. Subgrantee wilJ maintain alJ documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: I. The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, 2. The expiration of five (5) years from the date of disaster closeout under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the ComptrolJer General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. Ifupon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shalJ reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant ifits total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Subgrantee wilJ conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Govemmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of § I I .42, Florida Statute, and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. §§ 7501- 7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A-l33, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. Ifthe Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this 5 'W' 'WI Agreement and invoke its remedies under the Agreement as per AJiicles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 Code Federal Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 Code of Federal Regulations Part] 7. ARTICLE XV. Modification. The time for perfonnance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence ofthis Agreement and of the perfonnance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the completion of emergency work shall be six (6) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI ofthis Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agenèy, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for deJays caused by jack of cost-share funding. If any extension request is denied, Sub grantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required uhder this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under sllch contract. ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Sub grantee is a governmental entity covered by § 768.28(5), Florida Statute, the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by third paJiies in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. Also: A. For the purpose ofthis Agreement, the Grantee and Subgrantee agree that neither one is an employee or 6 ~ 'Wi agent of the other, but that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either ofthe parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Sub grantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such sttbstances. Subgraniee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors thàt may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Qumierly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Florida Statute, and the disbursement to Grantee offederal funding in accordance with § 252.37(4), Florida Statute B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit. C. Grantee may unilaterally terminate this Agreement fOf refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and subcontractors in connection with tllis Agreement. D. Sub grantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination offunding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. G. If otherwise allowed under thjs Agreement, all bills for any travel expenses shall be submitted in accordance with Section] 12.061, Florida Statute 7 · '-" ...,; H. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.c. Section I 324a(e) [Section 274A(e) of the Immigration and Nationality Act ("JNA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violatjon by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. I. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair ofa public building or public work, may not submit bids on Icases of real property to a public entity, may not be awarded or perform work as a contractor, suppl ier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. J. The Recipient agrees to comply with the Americans With DisabjJities Act (Public Law 101-336,42 U.S.c. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. K. With respect to any Subgrantee which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: I. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarjJy excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Subgrantee is unable to certify to any of the statements in this certification, such Subgrantee shall attach an explanation to this Agreement. In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" for each prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor. 1. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any materia! changes shall, at the option of the Department and with thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. M This Agreement sball be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. 8 '-' ...." N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall ce11ify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both 'parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. ARTICLE XXIII. Events of Default. Remedies, and Termination. A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: . 1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurÎ"ence of anyone or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of 9 'W' .., Subgrantee to cure, Grantee may exercise anyone or more of the following remedies: I. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disb.ursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobJigation offunds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations ofthat Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination ofthis Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. 10 ~ 'WI Subgrantee: Disaster #: 1609 ARTICLE iLXIV. Attachments.. A. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to itifany, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Department of Emergency Management website: www.floridapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by cel1ified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: hye. Ot-<-f!a w ,4-:61. CQunfu 4drrlfr".~/-"tJ-f()r V I ~ðO IrJ,rll"'-- .4~nue... Fbri P'l!¡-i!e. Flou,¡.... 3;.¡.r¡8:¿ , ARTICLE XXVI. Desie.nation of Agent. Subgrantee hereby designates F/J Y £ Ûu f !lttJ as its primary agent, and designates -;;;11 n ¡-k.r /-/, II as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: FOR THE SUBGRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: (Printed Name) W. Craig Fugate, Director Division of Emergency Management (Signed Nan1e) (Title) (0 ate) Public Assistance Program (Date) Federal Employer Identification Number (FEIN) 11