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HomeMy WebLinkAboutBOCC Joint Meeting FPRA Packet 02-24-2009 _ ~ • TUESDAY, FEBRUARY 24, 2009 2:00 P.M. JOINT MEETING WITH FORT PIERCE REDEVELOPMENT AGENCY 1. CALL TO ORDER -COMMISSIONER PAULA A. LEWIS CHAIR, BOARD OF COUNTY COMMISSIONERS; CALL TO ORDER -ROBERT J. BENTON, CHAIRMAN, FORT PIERCE REDEVELOPMENT AGENCY BOARD 2. DEVELOPMENT OF INTERMODAL (BUS) TERMINAL ON AVENUE D - (CITY) 3. FPRA CRA EXPANSION - (COUNTY/CITY) 4. ADJOURNMENT OF FPRA BOARD ST. LUCIE COUNTY COMMISSION CHAMBERS 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982 IOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will nee 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 th~ Iroceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individu~ ~stifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Communit services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. J Item No. 2. COMMUNITY SERVICES ~ ~ MEMORANDUM #09-115 TO: Faye W. Outlaw, MPA, County Administrator FED 2 24~`~ FROM: Beth Ryder, Directo~!~ ~ CO. At3i~~~N. OFFiCE'~ SUBJECT: Local Economic Stimulus Project - Intermodal Transfer Project DATE: January 27, 2009 The intermodal transfer project is a joint effort with the Fort Pierce Redevelopment Agency (FPRA) and is currently slated to be funded with a combination of sources; FDOT State discretionary funds, local funds from the FPRA and the public transit MSTU. The project estimated cost is $3.2 million and has received favorable support from the County, the City and the TPO. An interlocal agreement between the County and FPRA will be submitted for the Board's approval in February. (draft attached) An RFQ was published for the architectural services on January 18, 2009. The selection committee which will be composed of staff from the County, FPRA and FDOT (if they wish to participate) will meet next month. Once the construction drawings are completed, staff proposes to move forward with this project in phases as funding becomes available. The expected date to complete construction of this facility will be by the end of 2010 or the middle of 2011. Staff has been working to identify state grants and local funds to secure the full cost to construct this facility. Under guidance from the Public Works Director, the former County Administrator, the Management and Budget Director and the County Attorney, staff has been advised that the road impact fees from zones 2 and 7 are available and could be used for this project. Should the Board approve the Interlocal as drafted, funding from road impact fees could be allocated in the amount of $1,425,000 and this project could be completed by the end of this year. Zone 7 covers North Hutchinson Island which is adjacent to the intermodal transfer project. and therefore eligible for those road impact fees. Staff does not anticipate a use for those funds in the near future because North AIA is a State road. Attachment (draft interlocal agreement) C: Daniel McIntyre, County Attorney Lee Ann Lowery, Assistant County Administrator Don West, Public Works Director Marie Gouin, Management and Budget Director Roger Shinn, Central Services Director Corine Williams, Transit Manager 1 INTERLOCAL AGREEMENT BETWEEN FORT PIERCE REDEVELOPMENT AGENCY AND ST. LUCIE COUNTY (AVENUE D d~ 8T" STREET INTERMODAL PROJECT) THIS AGREEMENT (the "Agreement") is made and entered into this day of 200 by and a . etween the Fort Pierce Redevelopment Agency, (hereinafter the "FPRA"), .Lucie County, a political subdivision of the State of Florida (hereinafter t ' ~ unty"). ;y 1A ~ +IS-XM WHEREAS, the County is a politic division o`~kie State of Florida and given those powers and responsibili ' numerated in~`ii{~iapter 125, Florida Statutes; and, WHEREAS, the County he FPRA veered to enteto interlocal agreements pursuant to Sectio Florida tes; and, WHEREAS, t PRA is 'cote the r lization of the Moore's Creek neighborhood; , , ~ WHEREAS, ~ ppor ~f the M h 's Creek project, the County and the FPRA hav d to he 'nand construction of a pedestrian access' ans acili a own as the St. Lucie Intermodal Tran Facility ' of he "Fat to be located on certain property identif i the legs trip attached hereto and incorporated herein as Exhibit "A einafter "Site);` d, NOW, EFO in consideration of these premises and mutual covenants containe a parties agree as follows; 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 1 2 i 2. COUNTY'S RESPONSIBITLITIES A. The parties acknowledge and agree the County has acquired the Site, in accordance with the terms and conditions of the Joint Participation Agreement between the Florida Department of Transportation and the County (FM # 417268-1-94-01). B. The County shall issue a Request for Qualifications ("RFQ") for the design of the Facility. A representative of the FPRA may participate on the selection committee which reviews the responses to the RFQ. The County shall enter into an agreement with the ~ successf ul respondent to the RFQ. The County shall provide a copy of the fully executed agreement to the FPRA within ten (10) days of its execution. B. The County Administrator shall designate a County Project Manager who shall provide monthly progress reports to the FPRA Project Manager during design and construction of the project. C. The County shall be responsible for internal maintenance and operational expenses of the Facility. The County shall determine the appropriate level of staffing for the Facility. At its option, the. County may contract with a third party to provide such services as deemed necessary. The County shall provide the FPRA with copies of any such third party agreements. F. The County shall provide funding for th.e Project with a combination of other sources as follows: (1) $750,000.00 (FDOT JPA) - Acquisition, Design and Construction (2) $250,000.00 (Transit MSTU) - Acquisition, Design Construction (3) $1,425,000.000 (Road Impact Fees and/or State/Federal Grants) -Design and Construction The parties acknowledge and agree these funds constitute the total funds available by the County to support this project. 2 3 k 3. FPRA'S RESPONSIBILITIES A. Within thirty (30) days after the receipt of an invoice and progress report from the County, the FPRA will reimburse St. Lucie County for each phase of Project as set forth below: (1) $30,525.00 -Site acquisition (The parties acknowledge and agree the FPRA has previously p ' $69,475.00 to County for site acquisition to date) (2) $875,000.00- Design and C ction The check shall be made payable to St. ie County and shall be delivered to the Finance l~'re,~tor, 2300 Virg venue, Fort Pierce, Florida 34982. B. Appoint a repres ive to the RFQ Selection Commi . C. Appoint a Project n coordinar~e construction of the Facility with the County. D. The .FPRA shall be respo ore r maintenance and repairs to the facility fri~lowing co tion. 4• JECT SITE nrties ack edge ctrtd agree that the Project Site, and the Facility upon comp shall be j ly held 1~yy the parties. 5. TERM O EE This Agreemen II be effective beginning on the date the County and the FPRA approve this Agreement and shall continue unless terminated herein. 6. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties as herein provided. Either party may terminate the Agreement with one year's prior written notice to the other party; in the event of termination by either party, the termination shall be effective on January 1 of the year subsequent to one year from the notice of termination. 3 4 7. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the County: With n copy to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Administration Annex Administration Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 As to the FPRA: With n copy to: Executive Director City Attorney Fort Pierce Redevelopment Agency Fort Pierce City Hall Fort Pierce City Hnll 100 North U.S. 1 100 North U.S. 1 Fort Pierce, Florida 34950 Fort Pierce, Florida 34950 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 8. HEA~IN65 Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 9. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 10. WAIVER 4 5 9 _i ~yyI `]i„t~ C f f There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No dela or failure to ex I ~ right under this Agreement shall impair such right or shall be construed to Ibe a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 11. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sgrrtences, clauses, or Articles contained in this Agreement shall not affect the:~dity of the remaining portion of the Agreement, provided that the materia~> ~~rposes of this Agreement can be determined and effectuated. 12. WHOLE UNDERSTANDING This Agreement embodies the whole u ing of the parties. There are no promises, terms, conditior~ ~r~t~~ligations r than those contained herein; and this Agreement shall supersec~iall p'~ous co 'cations, representations, or agreements, either al or wri~en, befuen the ' s hereto. 13. AMENDM 5 The Agr-Bement mended. by a written document signed by all parties and filed with the of uiteourt of St. Lucie County, Florida. 14. EFFECTIVENESS' This Agreement shad be filed with the Clerk of the Circuit Court of St. Lucie County, Flordt~, prior fo its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. ATTEST: FORT PIERCE REDEVELOPMENT AGENCY BY: Clerk Mayor DATE: s 6 APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g. \ntty\ngreement\interloc\fpro.intermodal.rev.1..08..09.doc 6 7 Item No. 3 BOARD OF~~ -•~tib r~.5~+ ~~:~r,4,~~~~~aa, .,.:~i. COUNTY COUNTY • ADMINISTRATOR COMMISSIONERS ~ e ~ DOUGLAS M. ANDERSON December 9, 2008 - _ - r I...~~k~. y..~~ Mr. Jon Ward ~'a Executive Director ~ ~ ~ t l ,'t Fort Pierce Redevelopment Agency P. O. Box 1480 Fort Pierce, Florida 34954 RE. Modification of the Fort Pierce Community Redevelopment Plan Dear Mr. Ward: Thank you for your letter of November 26, 2008. I appreciate your having clarified that the action taken by the City in Resolution No. OS-48 did not enlarge the redevelopment area boundary of the Redevelopment Agency or modify the city's existing Redevelopment Plan. I further appreciate your c{arification that any proposed enlargement of the redevelopment area and Redevelopment Plan would not includeany unincorporated properties, but would be limited to properties currently within the City's municipal boundaries, Our confusion came about from review of the July 22, 2008 Finding of Necessity Report for Proposed FPRA Expansion Areas ("FPRA Report") which shows proposed Expansion Ara boundaries including unincorporated properties. Your clarification that the maps in the Report were not intended to include unincorporated properties clears up this concern. I also wonted to give you a heads up that .the County will be responding by separate letter to your formal notification pursuant to Section 163.361 of the City's intent to modify the FPRA Expansion Areas and Redevelopment Plan in accordance with the Report findings and City Resolution No. OB-48 (as the statute requires a particular response procedure). We look forward to working with the Agency. and the City to discuss and work out our concerns and issues regarding the proposed modifications. Sincerely Douglas,101. Anderson County Administrator DMA/caf Copy to: Board of County Commissioners Assistant County Administrator-Outlaw Assistant County Administrator-Lowery County Attorney Growth Management Director CI-IRIS DZADO VSKY, District No. 7 • DOUG COR'ARD; District No. 2 • PAULA A. LEW1S, District No. 3 • CH AFT, District No. ~ County Administrator -Douglas M. Andersoi 2300 V;rginia Avenue -Fort Pierce, FL. 34382-5652 -Phone (772) 462• FAX (772) 462-1646 -email: douga@stlucieco. _ website: wwwstlucieco.org ~I i FORT PIERCE REDEVELOPMENT AGENCY City of Fort Pierce 100 North U.S. 1 P. O. Box 1480 _ - Fort Pierce, Florida 34954-1480 Tel. (772) 460-2200 ~ c/ Fax (772) 595-5068 ~ s~ (I ~ U jwardC~city-ftpierce.com til ~ ~ ~ ~ Mailed via Certified Mail ~ ~ / November 26, 2008 ' ~~~~7 ~ ~ St. Lucie Board of County Commissioners ~ ~ I,~ ~ ~ - II Attn: Mr. Douglas M. Anderson, County Administrator ~ ~ Ij 2300 Virginia Avenue _ _ Fort Pierce, FL 34982-5652 CO. ADMlN. OFF~C~ Re: Finding of Necessity Regarding the Fort Pierce Redevelopment Agency Dear Mr. Anderson; Attached please find a hard copy of the Finding of Necessity (FON) prepared for this Agency by Civic Design Associates. The FPRA commissioned this study to determine if certain conditions, defined by F.S.163.355, 163.360 and related statutes, exist within the boundaries discussed in the FON that would warrant the enlargement of the FPRA's operational boundaries. The FON was discussed and recommended by the City's Planning and Zoning Board, recommended for consideration by the FPRA Board and was supported by City Resolution 08-48. The City has determined that the proper and allowable conditions do, in fact, exist for the potential enlargement of the FPRA and now have decided to take the next step in the process, to officially inform the other taxing entity, St. Lucie County, of its intention to consider same, as required by F. 5.163.361. Please consider this your formal notification of the intent of the City of Fort Pierce to discuss the enlargement of the boundaries of the Fort Pierce Redevelopment Agency. I send you this notification at the behest of the City Commissioners of Fort Pierce, sitting as the FPRA Board. It is my understanding that you have previously received a copy of this FON on November 6, but this copy will serve as your official notification to support the requirements of the statute. I have also attached a copy of the Resolution and its exhibits. Your letter of November 18, 2008, addressed to City Manager David Recor, contends that the City did not follow the requirements of 163.361, in adopting Resolution 08-48 prior to this official registered notification. Staff respectfully disagrees with this comment, in that the Resolution only supports the Finding of Necessity and does not, in fact, enlarge the boundaries of the Agency, modify the Redevelopment Plan or take any permanent steps that modify the existing Agency boundaries or the Agency's relationship with its taxing authorities. It is fitting and proper that the City Commission approve of this Resolution which clearly gives staffthe direction that they need to move to the next procedure, which is the official notification of the County of the fact that the City is considering this issue. 9 The Agency is aware that only properties that have been previously annexed into the City are subject to inclusion within the boundaries of the FPRA and, although it may appear so, it is not the intent of the Agency to include any unincorporated areas within the FPRA. We have much work to do before we take further action towards officially enlarging the FPRA's boundaries and, as a joint meeting of the FPRA Board and the Board of County Commissioners has akeady been scheduled for January 29, 2009, it is our intention to advertise and hold a joint hearing to discuss this and related issues at that session, satisfying the requirements of F. S. 163.361(3)(b)2. At this juncture, the City Commission does not feel predisposed to rescind Resolution 08-48, per your request. Sin rely Jon and Duector Enclosures Cc: Fort Pierce City Commissioners David L. Recor, Fort Pierce City Manager Robert V. Schwerer, City Attorney St. Lucie County Board of County Commissioners 10 ~ - - ~ _ . . - _ _ ; ~~UivRrs~~1 ~ ~ r' -t,- - ! i ~ V ~~~~~~~VIY Y l1 ~ COUNTY QOARD OF NTY ® A®MINISTRATOR COU COMMISSIONERS - DOUGLAS M. ANDERSON 'I November 18, 2008 Mr. David Recor City Manager City of Fort Pierce P. D. Box 1480 Fort Pierce, Florida 34954 I RE: City Resolution No. 08-48 Modification of Community Redevelopment Area (CRA) Boundaries Dear Mr. Recor; ' a ollowu tom letter to you of November 3, 2008. Thls fetter Is f p Y For your reference, I am enclosing a copy of Section 163.361, Florida Statutes (2008) pertaining to modification of community red 1 when the Citn adoptedpResoluthon No OS 48 as foil wollow the procedurnl requirements of Section 163.36 Y - The City did not provide a report on the proposed modification to the County before the Cifiy adopted Resolution Na. 08-48 on November 3. The City did provide the report to the County Administrator at his request on November 6, 2008. _ The City proceeded to adopt Resolution No. 08-48 before the 30 days provided by law for the County to provide notice by registered mail to the City that the County has competing policy goals and plans for the public funds the County would be required to deposit, - On November 12, 2008, the County provided the City and the redevelopment agency notice 'I as required by Section 163.361, Florida Statutes, - It also appears the CRA boundaries modif ication includes areas i n the unincorporated County. Based on the above, the County requests that the City rescind Resolution No. 08-48 and schedule and hold a joint hearing with the County as required by Section 163.361(3)(6)2. If you have any questions, please let me know. Sincere) , l Douglas M. Anderson County Administrator DMA/cof Copy to: Board of County Commissioners County Attorney Growth Management Director R. Schwerer, Esq. JCSEPH E. SMITH. Distrct No. 1 DOUG COWARD, District Nc. 2 PAULA A. LEWIS, Dlsrricr No. 3 CHARLES GRANDE, District Ne. a CHRIS CRAFT, District Na. 5 County Adminisrrotor - Douglas M. Anderson 2300 Vir9inio Avenue Fort Pierce, FL 34982-5652 Phone (772) 462-1450 TDD (772) 462-1428 FAX (772) 462-1648 • email: douga@co.st-lucie.fl.us 12 ' Statutes & Constitution :View Statutes :->2008->ChO163->Section 361 : flsenate.cov Page 1 of 2 f - , :;;,:^;x - - - - l November 20, 2008 iG Print This Page Home Select Year: 2008 Go Session ? Committees 1 Senators ? The 2008 Florida Statutes Information Center ? Ti le XI Chapter 163 View Entire Statutes & Constitution ? COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chanter Video Broadcasts INTERGOVERNMENTAL RELATIONS PROGRAMS 163.361 Modification of community redevelopment plans.-- session: • zoo9 (1) If at any time after the approval of a community redevelopment plan by the governing body it becomes necessary ar desirable to amend or modify such plan, the governing body may amend such B;ii _Gn plan upon the recommendation of the agency. The agency recommendation to amend or modify a redevelopment plan may include a change in the boundaries of the redevelopment area to add land _ _ to or exclude land from the redevelopment area, or may include the development and implementation of community policing innovations. Session: 2009 (2) The governing body shall hold a public hearing on a proposed modification of any community tnamber: redevelopment plan-after ublic notice thereof by publication in a newspaper having a general Senate~;~ P circulation in the area of operation of the agency. !:,Seared, Il {3)(a) In addition to the requirements of s. 163.346, and prior to the adoption of any modification to a community redevelopment plan that expands the boundaries of the community redevelopment . area or extends the time certain set forth in the redevelopment plan as required by s. 163.362(10), near. Zoos the agency shall report such proposed modification to each taxing authority in writing or by an oral presentation, or both, regarding such proposed modification. Search _ (b) For any community redevelopment agency that was not created pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter and that modifies its Enter Your zip+4 coder adopted community redevelopment plan in a manner that expands the boundaries of the redevelopment area after October 1, 20Q6, the following additional procedures are required prior to adoption by the governing body of a modified community redevelopment plan: Gq, 1. Within 30 days after receipt of any report of a proposed modification that expands the ~~Getffcraoaf L; boundaries of the redevelopment area, the county may provide notice by registered mail to the ~ ~'~1°~ governing body of the municipality and the community redevelopment agency that the county has ,~~r ~ ~ ~ competing policy goals and plans for the public funds the county. would be required to deposit to the community redevelopment trust fund under the proposed modification to the community „~I~"!!~f!~'f',al:''~f"~ redevelopment ptan. 2. If the notice required in subparagraph 1, is timely provided, the governing body of the county and the governing body of the municipality that created the community redevelopment agency shall schedule and hold a joint hearing co-chaired by the chairof the governing body of the county and the mayor of the municipality, with the agenda to be set by the chair of the governing body of the county, at which the competing policy goats for the public funds shall be discussed. for those community redevelopment agencies for which the board of commissioners of the community redevelopment agency are comprised as specified in s. 163.35b(2), a designee of the community redevelopment agency shall participate in the joint meeting as a nonvoting member. Any such hearing shall be held within 90 days after receipt by the county of the recommended modification of [he adopted community redevelopment plan. Prior to the joint public hearing, the county may propose an alternative modified community redevelopment plan that meets the requirements of s. 1 b3.3b0 to address the conditions identified in the resolution making a finding of necessity required under s. 163.355. If such an alternative modified redevelopment plan is proposed by the county, such plan shall be delivered to the governing-body of the municipality that created the community redevelopment agency and the executive director or other officer of the community - redevelopment agency by registered mail at least 30 days prior [o holding the joint meeting. 13 ~i Statutes & Constitution :View Statutes :->2008->Ch0163->Section 361 : flsenate.gov Page 2 of 2 3. If the notice required in subparagraph 1. is timely provided, the municipality may not proceed with the adoption of a modified plan until 30 days after the joint hearing unless the governing body of the county has failed to schedule or a majority of the members of the governing body of the county have failed to attend the joint hearing within the required 90-day period. 4. Notwithstanding the time requirements established in subparagraphs 2, and 3., the county and i the municipality may at any time voluntarily use the dispute resolution process established in chapter 164 to attempt to resolve any competing policy goals between the county and municipality related to the community redevelopment agency. Nothing in this subparagraph grants the county or the municipality the authority to require the other focal government to participate in the dispute resolution process. i (4) A modification to a community redevelopment plan that includes a change in the boundaries of the redevelopment area to add land must be supported by a resolution as provided in s. 1b3.355. (5) If a community redevelopment plan is modified by the county or municipality after the lease or sale of real property in the community redevelopment area, such modification may be conditioned i upon such approval of the owner, lessee, or successor in interest as the county or municipality may deem advisable and, in any event, shall be subject to such rights at taw or in equity as a lessee or purchaser, or his or her successor or successors in interest, may be entitled to assert. History.--s. 4, ch. 77-391; s. 6, ch. 83-231; s. 904, ch. 95.147; s. 7, ch. 98-314; s. 5, ch. 2002-294; s. 5, ch. 2006-307. 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(772) 460-2200 ~ ® Fax (772) 595-5068 jward@city-ftpierce.com November 14, 2008 St. Lucie County Board of County Commissioners Attn: Mr. Douglas M. Anderson, County Administrator j 2300 Vugmia Avenue Fort. Pierce; FL 34982-5652 1 ~ e: Proposed Expansion of the FPRA Boundaries Dear Mr. ~ I am in receipt of your registered letter, dated November 12, 2008, objecting to the proposed expansion of this Agency's physical boundaries, as discussed at the recent Fort Pierce City Commission meeting of November 3. You reference F.S. 163.3b1 (3)(b)(1) as the basis of your objection, contending that any expansion of the FPRA boundaries and the subsequent loss of that portion of ad valorem taxes would negatively "affect the County's capabilities in providing basic services to its residents." The section of the statute that you referenced states that the County must have "competing policy goals and plans for the public funds that the County would be required to deposit to the community redevelopment trust fund under the proposed modification." Your letter also states that "the County has plans for use of funds derived from any future increased tax base in the City of Fort Pierce." I would suggest that my Board would be interested in some clarification as to exactly what kinds of plans that the County had for those specific funds as they relate to improving the infrastructure and quality of life for residents of this Agency's boundaries. Because the City Commission recently voted unanimously to continue moving forward with the steps toward expansion, I am confident that the Commissioners are looking forward to being able to provide the kinds of drainage, lighting, community policing and other related improvements envisioned by a potential expansion of this Agency's area of operations. Knowledge of what the County has in mind for those residents might allay some of their expansionist zeal, especially in light of your comment that "we are also winding down the County's capital program." At this point, it is unclear what your plans are. I will attach a copy of your letter to my Board's copy of this response so that they will be fully aware of your objections. ~~CE~~D NOV 1 S 2008 C~. ADMiNIST~A~10~ 15 We certainly appreciate the challenging fiscal conditions in which all local governments presently find themselves. This Agency took a twenty per-cent reduction in its TIF revenues for the present fiscal year, proportionately greater than that suffered by either the City or County, so we are mindful of the challenges as we face further potential reductions for the coming fiscal year. I~~ Sincerely, Jon War Director Cc: FPRA Board Board of County Commissioners David L. Recor, Fort Pierce City Manager Robert V. Schwerer, FPRA Attorney Faye Outlaw, Assistant County Administrator I, Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attomey Mark Satterlee, County Growth Management Director Michael Brilhart, County Capital Improvement Planner 16 r aOARD OF I~ ` COUNTY COUNTY • ADMI N I STRATO R DOUGLAS•M ANDERSON COMMISSIONERS November 12, 2008 P REGISTEI~~YVIAIL Jon Ward, Director - Fort Pierce Redevelopment Agency PO Box 1480 Fort Pierce, FL:, 34954-1480 Dear Jon: Pursuant to Section 163.361, Florida Statutes, St. Lucie County is providing notice to the Fort Pierce Redevelopment Agency (FPRA) that the County has -plans for use of funds derived from any future increased tax base in the City of Fort Pierce. As previously communicated in a letter dated November 3, 2008 to David Recor, Fort Pierce City Manager, and through my testimony to the City Commission on the same date, the County has already eliminated over 250 _ positions in an attempt to balance our. 24-month operating budget. As stated, our overall budget has been reduced ~ 107,000,000 from 2007/ 2008. These reductions were necessitated by decreased revenues as a result of the Property Tax Reform Amendment and decreased property values. The County's proposed 24-month budget does not include any .additional contribution to the FPRA other than those contributions dictated by the current FPRA boundaries. Any additional contribution as a result of the expansion of those boundaries would require additional cuts to County operations. At this time, as previously stated, we have reduced our labor force, which is now at the 2001 level. We have no salary increases budgeted for our remaining employees over the next 24 months, including law enforcement. As we informed you, we are also winding down the County's capital program. JOSEPH E. SMITH, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, Disrricr No. ~ • CHARLES GRANDE, Disrrkt No. 4 CHRlS CRAFT, Disrricr No. 5 County Administtotor -Douglas M. Anderson 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Phone (772) 462-1450 TDD (772) 462-1428 FAX (772) 462-1648 • email: dougoCa~co.st-lucie.fl.us web _slte www,co.st lucie.fl.us . ~ _ - ~ - 17~. . Page 2 November 12, 2008 FPRA Boundaries The only area that the County can further reduce is in personnel. Therefore, any .expansion of the FPRA boundaries would- affect the County's capabilities in providing basic services to its residents. Therefore, we request that the FPRA . not modify its current Community Development Plana Sincer Doug M. Anderson County Administrator DMA/ ab 08-108 i c: Board of County Commissioners I, Faye Outlaw, Assistant County Administrator Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attorney Mark Satterlee, Growth Management Director Michael Brillhart, Capital Improvement Planner David Recor, Fort Pierce City Manager ~i -,.;a. t , _rY 18 I F.S. 2008 F.S. 2008 INTERGOVERNMENTAL PROGRAMS Ch. 1fi3 ~ ie governing body b. Tax delinquency; (b) For any community redevelopment agency that velopment and the c. Improper subdivisions; was not created pursuant to a delegation of authority II, - d. Outmoded street patterns; under s. 163.410 by a county that has adopted a home the location of faint- e. Deterioration of site; rule charter and that modifies its adopted community :ommunity redevel- f. Economic disuse; redevelopment plan in a manner that expands the i sanitary dwelling g. Unsuitable topography or faulty lot layouts; boundaries of the redevelopment area after October 1, and without undue h. Lack of correlation of the area with other areas 2006, the following additional procedures are required of a county or municipality by streets and modem traffic prior to adoption by the governing body of a mod'rfied lent plan conforms requirements; or community redevelopment plan: >r municipality as a i. Any combination of such factors or other condi- 1. Within 30 days after receipt of any report of a tions which retard development of the area. proposed modification that expands the boundaries of lent plan gives due 3. Conditions of blight in the area contribute to an the redevelopment area, the county may provide notice ;ommunity policing increase in and spread of disease and crime or consti- by registered mail to the goveming body of the munici- adequate park and tute a menace to public health, safety, morals, or wel- polity and the community redevelopment agency that it ma be desirable fare. the county has competing policy goals and plans for the Y (9) Upon the approval by the goveming body of a public funds the county would be required to deposit to h special consider- community redevelopment plan or of any modification the community redevelopment trust fund under the pro- Nelfare of children ~ j thereof, such plan or modification shall be deemed to posed modification to the community redevelopment site covered by the be in full force and effect for the respective community plan. gent lan will afford redevelopment area, and the county or municipality 2. If the notice required in subparagraph 1. is P ~ may then cause the community redevelopment agency timely provided, the goveming body of the county and th the sound needs to carry out such plan or modification in accordance the goveming body of the municipality that created the ole, for the rehabili- j with its terms.- community redevelopment agency shalt schedule and imunity redevelop- (10) Notwithstanding any other provisions of this hold a joint hearing•co-chaired by the chair of the goo- d part, when the goveming body cert'rfies that an area is erring body of the county and the mayor of the munici- ant plan and result- in need of redevelopment or rehabilitation as a result of all with the a enda to be set b the chair of the ov- tfor acoasta~ tour- P ty~ g Y g an emergency under s. 252.34(3), with respect to which erning body of the county, at which the competing pol- economically die- the Governor has certified the need for emergency is oats for .the ublic funds sha0 be discussed. For racuation time, as ~ assistance underfederal law, that area may be certified those communitypredevelopmern agencies for which `or propertyagainst % as a "blighted area," and the goveming body may the board of commissioners of the community redeveh ~ approve a community redevelopment plan and commu- opment a enc are com- rised as s ecified in s. Went area consists n' redevelo merit with respect to such area without g Y P P rty P 163.356(2), a designee of the community redevelop- ed by the county or regard to .the provisions of this section requiring a gen- merit agency shall participate in the joint meeting as a got be so acquired eral plan for the county or municipality and a public nonvoting member. Any such hearing shall be held hearing on the community redevelopment. within 90 da s after receipt by the county of the recom- developed inwhole ; History.-s. 7, ch. 69-305; s. 3, ch. 77-391; s. 5, ch. 83.231; 5. s, gyn. a3-a~a; Y s. s, a,. sa-3ss; 5. zs. a,. es-es; s. 3, 93-zee; 5. s, gyn. sa-zas; S. 3, "n. ea-zo,; mended modification of the adopted community rede- ieming body deter- ~ 5 , a,. 9B-31a; 5. s3, or,. es-z; 5. a, cn. zoos-so7. velopment plan. Prior to the joint public heanng, the ~f sound standards 163.361 Modification of community redevelop- county may propose an altemative.modified community affordable to rest- ~ merit plans. redevelopment plan that meets the requirements of s, eluding the elderly, I (1) If at any time after the approval of a community 163.360 to address the conditions identified in the reso- munici al' redevelopment plan by the goveming body it becomes lution making a finding of necessity required under s. P ~y; y P 163.355. If such an alternative modified redevelopment commodations has ~ necessary or desirable to amend'or modif such Ian, Ian is ro osed b the county, such plan shall be I the governing body may amend such plan upon the delivered to he goveming body of the municipality that in the area or the recommendation of the agency. The agency recom- created the community redevelopment agency and the and sanitary hous- mendation to amend or modify a redevelopment plan executive director or other officer of the community >e in and spread of may include a change in the boundaries of the redevel- redevelo merit a enc b re istered mail at least 30 mace to the public ! opment area to add land to or exclude land from the da s rior to hoiden the oint meeting. rid redevelopment area, or may include the development 3 p If the notice required in subparagraph 1. is area for residential i and implementation of community policing innovations. timel rovided, the municipality may. not proceed with >sential to the pro- ; (2) The goveming body shall hold a public hearing Y P on a proposed modification of any community redevel- the adoption of a modified plan until 30 days after the ieveloped in whole opment plan.after public notice thereof by publication in joint hearing unless the goveming body of the county ~e goveming body - a newspaper having a general circulation in the area of has failed to schedule or a majority of the members of operation of the agency, the goveming body of the county have failed to attend re necessary and ' (3)(a) In addition to the requirements of s. 163.346, the joint hearing within the required 90-day period. owth and develop- and prior to the adoption of any modification to a com- 4. {Notwithstanding the time requirements estab- :e with sound plan- muntty redevelopment plan that expands the bounda- lished in subparagraphs 2. and 3., the county and the objectives. rtes of the community redevelopment area or extends municipality may at.any time voluntarily use the dispute :xen;ise of govern- the time certain set forth in the redevelopment plan as resolution process established in chapter 164 to I~ trt, because of: required by s. 163.362(10), the agency .shall report attempt to resolve any competing policy goals between ` ~itions of, title or such proposed modification to each taxing authority in the county and municipality related to the community the free alienabil- writing or by an oral presentation, or both, regarding redevelopment agency. Nothing in this subparagraph such proposed modifiication. grants the county or the municipality the authority to 1537 1 - _ 19 QOARD OF y COUNTY COUNTY ® ADMINISTRATOR DOUGLAS M. ANDERSON 'COMMISSIONERS - - November 3, 2008 Mr. David Recor City Manager City of Fort Pierce P. O. Box 1480 Fort Pierce, Florida 34954 -1480 RE: Proposed Expansion of Community Redevelopment Area (CRA) Boundaries Dear Mr. Recor: County staff is aware that there is a public hearing scheduled on Monday, November 3, to consider the possible expansion of the boundaries of the Fort Pierce Redevelopment Agency (FPRA). After review of the background memorandum from City staff, County staff has the following questions or concerns: 1. Some of the properties within the proposed expansion area appear to be in the unincorporated County -outside the City limits. It is County staff's understanding that the FPRA's area of operation can only include property that is within the corporate limits of the City. 2. What is the purpose of the proposed expansion? The County has heard that one of the projects proposed to be funded by the expansion is the construction of a new clubhouse at the City golf course. Is this accurate? 3. County staff would like the City to consider the negative effect the expansion would have on future County revenues. The County has already eliminated over 250 positions or more than 22% of its workforce. The Property Appraiser has also informed the County that property values for 2009 will likely decline by at least 20%. We have cut $107,000,000 in the 2008/2009 Budget from the 2007/2008 Budget. In addition, no salary increases were given to law enforcement or other County employees. We are also winding down the County's capital program until property values increase in the future. 4. Prior to any further discussion on expanding the CRA boundaries, please provide us with a fiscal impact analysis regarding this action. !OSEPH E. S~~nITH Disrricr Nc. " DOUG COWARD. Disrricr No. 2 PAULA A. LEWIS. Disrricr No ~ CHARLES GRAND[, Disrricr No. 4 CHRIS CRAFT. Disrricr Nc. 5 Counry Adminisrroror - Douglas M. Anderson 2300 Virginia Avenue =Fort Pierce, FL '34982-5652 • Phone (772) 4b2-1450 TDD (772) 462-1428 20 FAX (772) 462-1648 • email: douga@co.st-lucie.fl.us web site: www.co.st-lucie.fl.us Page 2 November 3, 2008 Proposed Expansion of CRA Boundaries We request that this CRA expansion discussion be deferred until the economic conditions improve and 'look forward to n dialogue with the City regarding this proposed expansion. If you have any questions, please let me know. Sincere) i' - Douglas M. 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