HomeMy WebLinkAbout08-18-2009 Signed Agendas AGENDA REQUEST ITEM NO. IV-A
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_ DATE: August 18, 2009
~ REGULAR [x J
PUBLIC HEARING [ ]
CONSENT [ ]
T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 09-240 proclaiming the week of July 20, 2009 as
"Treasure Coast Waterway Cleanup Week" in St. Lucie
County, Florida.
BACKGROUND: Michelle Miller, Director of Operations with the Marine
Industries Association of the Treasure Coast, has requested
that this Board proclaim the week of July 20, 2009 as Treasure
coast Waterway Cleanup Week in St. Lucie County, Florida.
The attached Resolution No. 09-240 has been drafted for that
purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached
Resolution No. 09-240 as drafted.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ]OTHER: Approved 5-O ~ ,Outlaw, MPA
County Administrator
Review and Approvals
(XJ County Attorney: 7Sh~ Dom"'' [ ]Management & Budget: [ ]Purchasing:
Daniel s. McIntyre
[ ]Road & Bridge.: t~""t2`"~~° `-y [)Parks & Recreation Director [ J Solid Waste Mgr
[ ]Finance:(check for copy only, if applicable) Effective 5/96
RESOLUTION N0. 09-240
A RESOLUTION PROCLAIMING THE WEEK OF
JULY 20, 2009 AS "TREASURE COAST
WATERWAY CLEANUP WEEK" IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. On July 25, 2009, the Marine Industries Association of the Treasure Coast, in
conjunction with the Florida Inland Navigation District conducted the 2nd
Annual Treasure Coast Waterway Cleanup.
2. The event attracted approximately 1,000 volunteers who participated in
cleaning up the waterways of Martin, St. Lucie and Indian River Counties.
3. There were twenty-two designated sites throughout the three counties that
served as registration and disposal sites for the project.
4. Numerous waterfront homeowner associations were recruited to clean up their
own waterfront.
5. ~ Early estimates indicate over ten tons of trash were collected from
approximately 125 miles of waterways.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
1. This Board does hereby proclaim the week of July 20, 2009 as "TREASURE
COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida.
2. This Board urges the citizens of St. Lucie County to become involved with the
efforts to clean up our waterways.
PASSED AND DULY ADOPTED this 18`h day of August, 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
r
c0~
~ ~ - - AGENDA REQUEST ITEM NO. VI-B-1
' Date: August 18,2009
Regular [ ]
Public Hearing [ ]
Consent [X]
TO: Board of County Commissioners PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Heather Young
Assistant County Attorney
SUBJECT: Bear Point Mitigation Bank -Mitigation Bank Credit Refund Agreement with Southland
Contracting, Inc., as Assignee of B&C West Side Development, L.L.C.
BACKGROUND: See C.A. No. 09-0967
FUNDS AVAIL.(State~type & No. of transaction or N/A): N/A
RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners
approve the proposed Refund Agreement with the Southland Contracting, Inc., as assignee of West
Side Development, L.L.C., and authorize the Chair to sign the Agreement.
COMMISSION ACTION: CONCURRENCE:
~Q APPROVED [ ]DENIED
[ ]OTHER: ~ ~
Approved 5-0 Faye W. Outlaw, M.P.A.
County Administrator
Coo rd i nnti on/5 i gnntures
Caunty Attorney: ~ sh Mgt. & Budget: Purchasing:
Danoel 5. McIntyre
l-f ~c-Q1-~ c~ Y yr
Originating Dept.: Other : Other
nmes R. David
~incnce (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: 09-0967
DATE: August 6, 2009
SUBJECT: Bear Point Mitigation Bank -Mitigation Bank Credit Refund Agreement with
Southland Contracting, Inc., as Assignee of 6&C West Side Development,
L.L.C.
BACKGROUND:
On August 15, 2005, the County entered into a Bear Point Mitigation Bank Credit
Purchase Agreement with West Side Development, L.L.C. for the reservation of 1.2 Dual
State/Federal mitigation credits. Pursuant to the agreement, the developer paid a
reservation fee in the amount of $26,280.00 to the County which represented twenty-five
percent (25%) of the total purchase price for the reserved credits. The agreement
provided for the parties to subsequently enter into a Purchase Agreement for the credits.
To date, the developer has not executed the Purchase agreement. On November 14, 2005,
the County received a payment in the amount of $78,840.00 from Southland Contracting,
Inc., as assignee of West Side, for the remainder of the purchase price and the credits
were deducted from the Mitigation Bank ledger by the Florida Department of
Environmental Protection ("DEP"). Although the developer obtained an Environmental
Resources Permit from the South Florida Water Management District, it was unable to
obtain the other necessary permits for the proposed project and no longer intends to
develop the property. As it will receive no benefit from the credits, Southland has
requested a refund of the total amount paid for the reservation and the purchase of the
credits in the amount of $105,120.00. In lieu of a monetary refund, the attached
agreement provides for the County to cooperate with Southland in the sale and assignment
of the credits to a third party subject to the conditions that (a) the Developer and/or
Southland will obtain a vacation of the Environmental Resources Permit No. 56-02270-P,
and (b) DEP approves the adjustment of the bank ledger.
1
AGENDA REQUEST ITEM NO. VI-B-2
~
DATE: August 18, 2009
~ -
REGULAR
~ , f . PUBLIC HEARING
CONSENT [xx]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Heather Sperrazzn Lueke
Assistant County Attorney
SUBJECT: Permission to Advertise -Resolution No. 09-236 - Award
of Courthouse Annex Phase 1-A Project
BACKGROUND: See CA09-969
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Stuff requests permission to advertise proposed Resolution No.
09-236 for public hearing before the Board of County
Commissioners on September 1, 2009, nt 6p.m. or as soon
thereafter as may be heard.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ]DENIED
[3Q OTHER: ~
Pulled Fnye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney: i~
~ Management 6 Budget Purchasing:
Daniel 5. McIntyre Marie Gouin
Originating Oept. Public Works Dir: County Eng.:
Don West Mike Powley
Finance: (Check for copy only, if applicable) Eff. 5/96
r
. _ ~ ~ _ _ INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
~ ~
~ ~ _
TO: Board of County Commissioners
FROM: Heather Sperrnzza Lueke, Assistant County Attorney
C.A. NO.: 09-969
DATE: August 18, 2009
SUBJECT: Permission to advertise -Resolution No. 09-236 -Award of
Courthouse Annex Phase 1- A Project
BACKGROUND:
On~ April 21, 2009, the Board approved Ordinance No. 09-008. The Board
determined that a state of local economic emergency exists which necessitates a local
economic stimulus program. On July 7, 2009, the Board approved the Courthouse
Annex Phase 1-A Project as a local economic stimulus project. In accordance with
Section 255.20(10), Florida Statutes (2009), staff recommends that the Board find
that it is in the best interests of the local government to award the Courthouse Annex
Phase 1-A Project to David Brooks Enterprises, Inc., an appropriately licensed private
sector contractor, according to procedures established by and expressly set forth in
Resolution 86-165, specifically Section 5.5 Bid Waiver. A waiver of formal sealed bids
is appropriate for this project because there is a clear and present threat to public
health and safety as a result of the economic crisis in St. Lucie County which is
impeding economic growth and development in the County and otherwise impairing the
orderly administration of County government and there is n single source which can
adequately perform this project. David Brooks Enterprises, Inc., is uniquely qualified
to undertake the project because it is currently under contract to perform work that
is affiliated with the project. Specifically, David Brooks Enterprises, Inc. has been
contracted to build the Clerk of Court building, the Chiller Plant, and to remodel the
old Clerk of Court building. Together with the Courthouse Annex, these buildings
comprise the Downtown Judicial Complex. The architect of record, Pnul Dritenbns, has
provided a written recommendation dated August 6, 2009, that the project be
awarded to David Brooks Enterprises, Inc. without competitive selection, a copy of
which is attached. The estimated cost of the project is $2,600,000.00 (two million
'
ITEM NO. VI-B-3
S - J Y..
DATE: 08118/09
•
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Mark J. Godwin
SUBMITTED BY: County Attorney/Criminal Justice Div. Criminal Justice Coordinator
SUBJECT: Adopt Resolution No. 09-237 to award the 2009-2010 Alcohol and Other Drug
Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab
pursuant to Section 893.165 F.S.
BACKGROUND: The St. Lucie County Drug Lab qualifies as an alcohol and drug abuse prevention,
treatment and or education program in accordance with Section 893.165, Florida
Statutes and St. Lucie Code and Complied Laws Section 1-7-23. The St. Lucie
County Drug Lab opended on July 1, 2008, and currently averages five hundred
fifty (550) individual tests per week. The Lab tests clients from the criminal,
pretrial, and family divisions of court along with providing tests to specialized
courts such as Mental Health and Drug Court. Many of the clients are "waived" by
the courts due to indigence declarations by the Judges. The Drug Abuse
Treatment Fund would help offset the cost of chemicals for the defendants who
have had their fees waived by the courts. The Lab screens clients for the
following: Cocaine, Marijuana, Opiates, Alcohol, Methadone, Barbiturates,
Amphetamines, Benzodiazepines, Oxycodone, PCP and Propoxyphene. That
makes up the 11 panel test. We additionally test for Creatinine and Specific
Gravity levels which would allow you to see if the sample is dilute.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: In 2007 the Board awarded the Lab approximately $48,000.00 in Drug Abuse
Treatment Trust Fund dollars. In 2008 the Board awarded the Lab $14,300.00 in
Drug Abuse Treatment Trust Fund dollars.
RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09-237 and award the
2009-2010 funds collected from the Drug Abuse Treatment Trust Fund to the St.
Lucie County Drug Screening Lab. Once approved the 09/10 budget will be
revised to reflect this annual allocation.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER -
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
CoordinationlSignatures
Ccu^ty Attorney ( ) OMB Director ( )
7da, Budget Analyst
(Name) (Name)
I!~
.fi
_ ~ ~ , _ _ INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
- _
TO: Board of County Commissioners
FROM: Mark Godwin, Criminal Justice Coordinator
C.A. NO.: 09-0978
DATE: August~18, 2009
SUBJECT: Adopt Resolution No. 09-237 to award the 2009-2010 Drug
Abuse Treatment Fund to the St. Lucie County Drug Screening
Lab.
BACKGROUND:
On March 18, 2008, the Board approved the implementation and opening of the St.
Lucie County Drug Screening Lab. The Lab opened on July 1, 2008, and currently
averages five hundred fifty (550) individual tests per week.
Circuit Judge Cynthia Cox endorses the Resolution and had written the following
statement regarding the use of the trust funds by the Lab. "I would like to emphasize the
importance of this lab, not only to the criminal justice system and pretrial releases, but
also to our drug and mental health courts. Substance abuse use and detection is
paramount to the successful completion and management of the problem solving
courts. Without detecting drug use, we cannot help change the behaviors or make the
prescribed drugs effectively to treat the mentally ill. We cannot adequately arrange for
treatment or take other corrective action if we are not aware of their use. The drug
testing lab, bar none, has been instrumental in the success of our mental health court
and we could not continue on without it. Many graduates have admitted that drug testing
was the biggest deterrent to relapse. As a felony judge, I was much more confident in
allowing someone to be released from the jail, knowing that they would be drug tested
and if they used, their bonds or ROR were immediately revoked by the pretrial services
dept. Many of the litigants are on SSI/SSD and are unable to pay the full testing
fees. Drug addiction requires random and frequent testing to serve as a true deterrent,
which can be costly to many; although the frequency decreases once they are involved
in treatment and meetings.
Without continued drug testing in SLC, our jail population will expand quickly with
diminished use of the pretrial program, as well as diminished results in our problem
solving courts. This drug testing lab far succeeds any other testing methods that we
have used in the past (i.e. sticks). I have many more details if you are interested but I
would like to keep this short so that you will read it!!"
Recommendation /Conclusion:
Staff recommends that he Board adopt Resolution No. 09-237 and award the 2009/2010
funds collected from the Drug Abuse Treatment Fund to the St. Lucie County Drug
Screening Lab.
~ ~ ' ~ - ITEM NO. VI-C1
~ 1 s ~ - - DATE: 08/18/09
~
s a - _ AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Marie M. Gouin
SUBMITTED BY: Office of Management & Budget/Purchasing Director
SUBJECT: Amendment to contract for pest control services
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-7216-534000-7103 -Other Contractual Services (Maravilla Park)
001-7420-534000-700 -Other Contractual Services (Fairgrounds)
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of the eleventh amendment to contract C06-07-407 with Hulett
Environmental Services, adding the new St. Lucie County Fairgrounds office
building and the Maravilla Park building for a new contract total of $18,638.64, and
authorization for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER -
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB ~
County Attorney (X) ns~+. Budget Analyst (X) f~~~~~~-L
an McIntyre Pa arston
Purchasing (X) V~ Parks & Recreation (X) ~
Melissa Simberlund Debra Brisson
Office of Management
5 ~ _ - & Budget/Purchasing
MEMORANDUM
TO: Board of County Commissioners
FROM: Marie M. Gouin, Director `j1
DATE: August 18, 2009
SUBJECT: Amendment to contract for pest control services
ITEM NO. VI-C1
Background:
In 2006, St. Lucie County entered into a contract with Hulett Environmental Services, located in Ft.
Pierce, to provide continuing pest control services on a monthly basis for County facilities and
buildings. The new office building at the St. Lucie County Fairgrounds is now complete and
requires monthly services. This building can be added to the contract for $8.00 per month. The
Maravilla Park building does not have monthly service and has been experiencing significant
problems recently. This facility/building can be added to the contract for $12.00 per month. The
new contract total will be $18,638.64 per year. The eleventh amendment to contract C06-07-407 is
attached.
Previous Action
July 11, 2006 - BOCC approval of contract in the amount of $11,834.64
August 28, 2007 -First amendment to add Guardian Ad Litem
October 9, 2007 -Second amendment to add Open Space Pool and Tradition Field
January 8, 2008 -Third amendment to add the new Clerk of Courts Building
May 5, 2008 -Fourth amendment to delete Clerk of Courts, Depot Drive and Orange Blossom Mall,
to add Clerk of Courts, Rhode Island and exercise the first one-year renewal option
May 22, 2008 -Fifth amendment to add St. Lucie County Logistic Center
August 12, 2008 -Sixth amendment to add three Parks locations (Lawnwood Maintenance Building,
Parks Office Building and Lakewood Park Regional Maintenance Building)
February 10, 2009 -Seventh amendment to remove the Ft. Pierce Community Center and add the
Havert L. Fenn Center
April 14, 2009 -Eighth amendment to add Central Services Garage and Fuel Pumps
May 26, 2009 -Ninth amendment to add Lakewood Park Pool and Ravenswood Pool buildings
June 23, 2009 -Tenth amendment to add the new EOC, remove Clerk of Court building on Rhode
Island Avenue and extend contract term through August 31, 2010
Recommendation
Board approval of the eleventh amendment to contract C06-07-407 with Hulett Environmental
Services, adding the new St. Lucie County Fairgrounds office building and the Maravilla Park
building for a new contract total of $18,638.64, and authorization for the Chair to sign documents as
approved by the County Attorney.
~ ~ .w ~ _ ITEM NO. VI-C2
_
~ _
_ - DATE: 08/18/09
s ,
. . .
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Marie M. Gouin
SUBMITTED BY: Office of Management & Budget/Purchasing Director ' I
SUBJECT: Amendment to contract for generator preventive maintenance, service, inspections
and load bank testing
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 107-712-546000-1645 -equipment maintenance
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of the ninth amendment to contract C05-08-485 with Genset
Services, Inc., adding the Agriculture building and extending the contract through
September 30, 2010, and authorization for the Chair to sign documents as
approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB
County Attorney (X) ~ ~Y Budget Analyst (X) ~ G'~'(-
an McIntyre ~c~ TaWon Johnson
Purchasing (X) Central Services (X )
Melissa Simberlund Roger Shinn
Office of Management
~ = _ ~ & Budget/Purchasing
• ~ ~ ~ - MEMORANDUM
TO: Board of County Commissioners
FROM: Marie M. Gouin, Director
DATE: August 18, 2009
SUBJECT: Amendment to contract for generator preventive maintenance, service, inspections
and load bank testing
ITEM NO. VI-C2
Background:
In 2005, St. Lucie County entered into a contract with Genset Services, Inc., the lowest responsive,
responsible bidder, located in Pompano Beach, to provide generator preventive maintenance,
services, inspections and load bank testing. The Agriculture building now has a generator that
requires annual testing and quarterly inspections. The initial contract was for a period of three
years with two one-year renewal options. The current term of the contract will expire on October 1,
2009. There is one additional one-year renewal option remaining. This will extend the contract
through September 30, 2010. St. Lucie County would then bid this service mid-year 2010. The
ninth amendment to contract C05-08-485 is attached.
Previous Action
August 23, 2005 - BOCC approval of award of contract
May 9, 2006 -First amendment adding the Rock Road jail facility
January 8, 2008 -Second amendment adding the Road & Bridge Division building
April 15, 2008 -Third amendment adding the St. Lucie County Logistic Center
June 17, 2008 -Fourth amendment adding the St. Lucie County Fairgrounds
August 22, 2008 -Fifth amendment extending the contract through October 1, 2009
November 25, 2008 -Sixth amendment adding South County Annex and correcting model
numbers
February 3, 2009 -Seventh amendment adding the downtown chiller plant
March 17, 2009 -Eighth amendment adding the new Clerk of Courts building
Recommendation
Board approval of the ninth amendment to contract C05-08-485 with Genset Services, Inc., adding
the Agriculture building, extending the contract through September 30, 2010, and authorization for
the Chair to sign documents as approved by the County Attorney.
ITEM NO. VI
~ - ` _ DATE: 08/18/2009
i
~ , AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Ken J. Mas
SUBMITTED BY: St. Lucie County Sheriff's Office, Administration Sheriff
SUBJECT: Authorization to apply for the 2009 Edward Byrne Memorial stice Assistance Grant
(JAG) Program -JAG Countywide.
BACKGROUND: The St. Lucie County Sheriffs Office is requesting the authorization to submit an
electronic grant application to participate in the 2009 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program -JAG Countywide offered by the Florida Department
of Law Enforcement. Upon approval of the county administrator, this $214,095 award
will be split between the St. Lucie County Sheriffs Office ($71,356), the Port St. Lucie
Police Department ($71,356), and the Ft. Pierce Police Department ($71,356). JAG
funds can be used for state and local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for
criminal justice programs.
FUNDS AVAILABLE: N!A
PREVIOUS ACTION: July 14, 2009 - BOCC approval for county's participation as the coordinating unit of
government for Certificate of Participation.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie
County Sheriffs Office submission of the electronic application for the Florida
Department of Law Enforcement (FDLE) 2009 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program~lAG Countywide in the amount of $214,095.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED ( ) DENIED
( ) OTHER ~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director ( ) ~ 4~
'i~~ Budget Analyst '
G
Dan McIntyre Marie Gouin
Sophia Holt
Originating Dept. ( ) ERD ( )
(Name) (Name)
Department Name
•
MEMORANDUM
TO: Board of County Commissioners ,
i
FROM: Ken J. Mascara, Sheriff
St. Lucie County Sheriff s Offi a nistration
DATE: Tuesday, August 18, 2009
SUBJECT: Authorization to apply for the 2009 Edward Byme Memorial Justice Assistance Grant
(JAG) Program -JAG Countywide.
ITEM NO. VI
Background:
The St. Lucie County Sheriffs Office is requesting the authorization to submit an electronic grant
application to participate in the 2009 Edward Byme Memorial Justice Assistance Grant (JAG) Program -
JAG Countywide offered by the Florida Department of Law Enforcement (FDLE).
Upan approval of the county administrator, this $214,095 award will be split between the St. Lucie County
Sheriffs Office ($71,356), the Port St. Lucie Police Department ($71,356), and the Ft. Pierce Police
Department ($71,356). JAG funds can be used for state and local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for criminal justice
programs.
Each Law Enforcement agency will choose its own "JAG approved" local initiative and provide its own
local programmatic and financial management.
Recommendation
Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office
submission of the electronic application for the Florida Department of Law Enforcement (FDLE) 2009
Edward Byme Memorial Justice Assistance Grant (JAG) Program~JAG Countywide in the amount of
$214,095.
ITEM NO. VI-E
DATE: 8/18/09
• , AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~~`P
Michael Powley, P.E. ~ r
SUBMITTED BY: Public Works/Engineering Division County Engineer
SUBJECT: Mainline Supply Partial Release of Surety -Road Improvement Agreement
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: November 25, 2008 -Board approved the Road Improvement Agreement.
RECOMMENDATION: Board approval of the partial release of surety for Mainline Supply in the amount of
$423, 866.25.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
CoordinatioNSignatures
County Attorney (x) ~~k Finance (x)
D niel McIntyre Sh rancis
i-f ti
Originating Dept. (x) County Engineer (x) ~ ~!""p
Do ald West icha I Powley
Mainline Supply partial release of surety.ag
Engineering Division
• ~ MEMORANDUM
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director
FROM: Michael Powley, County Engineer ~~Y P
DATE: August 18, 2009
SUBJECT: Mainline Supply Partial Release of Surety -Road Improvement Agreement
ITEM NO. VI-E
Background:
Mainline Realty, LLC, developer of Mainline Supply Co., was required to construct off-site
improvements within the Glades Cut-Off Road right-of-way. This project is within the City of Port
St. Lucie and is located east of I-95 and northwesterly of Glades Cut-Off Road. Pursuant to the
terms of the agreement, the developer provided a letter of credit in the amount of $499,808.69.
The developer has requested a partial release of surety in the amount of $423,866.25. The
developer proposes to issue the county a new letter of credit in the amount of $75,942.44 and
requests the return of the original letter of credit. County staff has reviewed the Certification of
Partial Completion (Attachment A) and Engineer's Estimate of Partial Completion (Attachment B)
provided by the developer's engineer, and supports the request for the partial release of surety.
Recommendation:
Board approval of the partial release of surety for Mainline Supply in the amount of $423,866.25.
Certification of Partial Completion -Attachment A
Engineers Estimate of Partial Completion -Attachment B
ITEM NO. VI-F
~ DATE: 08/18/09
•
• . AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Jessica Parrish
SUBMITTED BY: Community Services/Housing Division Housing Manag r
SUBJECT: Award Community Development Block Grant Disaster Recovery Initiative (CDBG
DRI) Housing RehabilitatioNReplacement Bids
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001184-6420-549605-600 CDBG DRI 2005
001113-6420-549605-600 CDBG Supplemental Disaster Recovery
001113-6420-549610-600 CDBG Supplemental Disaster Recovery
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of bid awards for four rehabilitation and six replacement projects
under the St. Lucie County CDBG DRI Grants, and authorization for the Chair to
sign documents as approved by the County Attomey.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
CoordinatioNSianatun3s
County Attomey ( ) OMB Director ( ) n
1 ~
r~ Budget Analyst ~ ~C
Da el S. McIntyre Mari Gouin
y°~ Sophia Holt
Originating Dept. ( )
Beth Ryder
Community Services
•
MEMORANDUM
TO: Board of County Comm//is~sioners
THROUGH: Beth Ryder, Director~~ a%/~
FROM: Jessica Parrish, Housing Manager
DATE: 08/18/09
SUBJECT: Award Community Development Blodc Grant Disaster Recovery Initiative (CDBG DRI)
Housing Rehabilitation/Replacement Bids
ITEM NO. VI - F
Backstround:
The CDBG DRI Grant is a federal program that provides funding for low-income residents located in
communities that have been affected by a natural disaster. Congress appropriates additional funding for
the CDBG program as Disaster Recovery grants to rebuild affected areas and provide money to start the
recovery process.
On July 21, 2009 a mandatory project review with contractors was completed. On August 4, 2009, bids
were evaluated in compliance with the approved Housing Assistance Plan. A cost estimate was
prepared for each bid. Bids falling 15 percent (15%) below or above the cost estimate were rejected.
Awards will be made to the following contractors:
• IFB 10 (Replacement) to Grande Construction located in Port St. Lucie, for $82,450.00.
• IFB 11 (Replacement) to Clean Cuts, LLC located in Arcadia, for $86,500.00.
• IFB 12 (Replacement) to S8V American Construction located in Port St. Lucie, for $88,820.00.
• IFB 13 (Rehabilitation) High Tower Construction located in Port St. Lucie, for $51,800.00.
• IFB 15 (Rehabilitation) to High Tower Construction located in Port St. Lucre, for $25,590.00.
• IFB 16 (Rehabilitation) to Terra Mar Construction located in Port St. Lucie, for $13,800.90.
• IFB 17 (Replacement) to White Sands Construction located in Port Charlotte, for $84,200.00.
• IFB 18 (Replacement) to White Sands Construction located in Port Charlotte, for $97,400.00.
• IFB 19 (Replacement) to White Sands Construction located in Port Charlotte, for $97,400.00.
• IFB 20 (Rehabilitation) to Gentile, LLC located in West Palm Beach, for $20,030.00.
All the above bids have incorporated green, energy efficient products, such as solar hot water heaters,
low flow faucets and Low-E windows.
Recommendation
Board approval of bid awards for four rehabilitation and six replacement projects under the St. Lucie County
CDBG DRI Grants, and authorization for the Chair to sign documents as approved by the County Attorney.
Attachments: Bid Tabulation
ITEM NO. VI - G 1
y.
DATE: 08/18/09
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
- LEG. ( )
QUASI-JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y:
Jody Bonet
SUBMITTED BY: Grants/Disaster Recovery Cultural Affai Manager
SUBJECT: Permission to sell beer at the National Navy UDT SEAL XXIV Muster at Pepper
Park.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: The Board has approved this request for the past UDT SEAL Muster events.
RECOMMENDATION: Board approval of the National Navy UDT SEAL Museum's request to sell beer at
the XXIV Annual Muster to be held at Pepper Park on November 6 and 7, 2009.
COMMISSION ACTION: CONCURR!*NCE:
APPROVED ( ) DENIED
( ) OTHER ~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
ASs~ ~ County Attorney (X)
Daniel McIntyre
Originating Dept. (X)
i liam Hoeffner
ST. LUCIE COUNTY
GRANTS /DISASTER RECOVERY
~ DEPARTMENT
• ~ r
MEMORANDUM
TO: Board of County Commissioners
THROUGH: William Hoeffner, Grants and Disaster Recovery Director%~:
FROM: Jody Bonet, Cultural Affairs Manager
DATE: August 18, 2009
SUBJECT: Permission to sell beer at the National Navy UDT SEAL XXIV Muster at
Pepper Park
ITEM NO. VI - G 1
Background:
The National Navy UDT SEAL Museum hosts an annual Muster event in honor of Veteran's Day. This
year's XXIV Muster will be held November 6, 7 and 8, 2009 at Pepper Park. To raise funds for the
Museum and cover costs for the event, the SEAL Museum sells beer and other beverages. Since the
Museum is located on County property, the Executive Director of the SEAL Museum has requested
permission to sell beer on November 6 and 7, 2009.
Recommendation
Board approval of the National Navy UDT SEAL Museum's request to sell beer at the XXIV Annual
Muster to be held on November 6 and 7, 2009.
ITEM NO. VI - G2
DATE: 8/18/09
i
• ~ ~ ~ AGENDA REQUEST REGULAR ( )
~ PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Sara E. Agrait S ~'7~--
SUBMITTED BY: Grants/Disaster Recovery Department Grant Resource Developer
SUBJECT: Fish America Foundation and NOAH Restoration Center's FY2009 Community-
Based Habitat Restoration Projects Program -Grant Application
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: Account # 145-6230-531000-600 Professional Services
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization to submit a grant application to the Fish America Foundation
and NOAA Restoration Center's FY2009 Community-Based Habitat Restoration
Projects Program requesting funds of $50,000.
COMMISSION ACTION: CONCURRENCE:
Pc) APPROVED ( ) DENIED
( ) OTHER ~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
~s~ County Attorney ( ) OMB Director ( )
Dan McIntyre Marie Go in
Budget Analyst ( )
X02 Tawonna Johnson
Grants/Disaster ( ) Mosquito Control ( )
Recovery Dept. Director _
liam Hoeffner im David
~ - - ` L^ ~ Grants/Disaster Recovery
Department
MEMORANDUM
TO: Board of County Commissioners t~/
THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director~~~~/
FROM: Sara E. Agrait, Grant Resource Developer~~'~
DATE: August 18, 2009
SUBJECT: Fish America Foundation and NOAA Restoration Center's FY2009 Community-Based
Habitat Restoration Projects Program -Grant Application
iTEM NO. VI- G2
Background:
This agenda item is a request for the Board's authorization to submit a grant application to the Fish
America Foundation and NOAA Restoration Center's FY2009 Community-Based Habitat Restoration
Projects Program. The funding request of $50,000 is for the implementation of the Spoil Island SL-3
Restoration Project. Although a local match contribution is optional, the grant application is more
competitive by including a local match. St. Lucie County Mosquito Control District is including a cash
contribution of $34,115 from Account # 145-6230-531000-600 Professional Services and $15,185
from the Indian River Lagoon License Plate Fund. The Mosquito Control District will also provide in-
kind services of $700 and will manage the restoration project. The Florida Department of
Environmental Protection -Bureau of Aquatic Preserves will also contribute volunteer staff time to the
restoration activities.
The proposed Spoil Island SL-3 Restoration Project will restore various natural habitats in the 5.8
acres of SL-3 island located north of the Fort Pierce Inlet and within the Indian River Lagoon in St.
Lucie County. The proposed 12 month project will benefit the ecological sanctuaries for many native
species of fish, birds and plants in Spoil Island SL-3. The requested dollars will fund the main project
activities, such as: a) construction of a swale and reconnection of an isolated wetland; b) removal of
Class I invasive exotic plants (primarily Australian Pine and Brazilian Pepper); c) replanting of native
plants on Spoil Island SL-3 d) and installation of a boardwalk over the swale to allow public access in
the area. The Florida Department of Environmental Protection volunteers will maintain the project
site and monitor the viability of the new plantings.
Recommendation
Board authorization to submit a grant application to the Fish America Foundation and NOAA Restoration
Center's FY2009 Community-Based Habitat Restoration Projects Program requesting funds of $50,000.
ITEM NO. VI- G3
r
~ ~ - ~ ~ DATE; 08/18/09
~ AGENDA REQUEST REGULAR ( )
• ~ ;
_ - PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Sara E. Agrait ~j z~"•
SUBMITTED BY: Grants/Disaster Recovery Department Grant Resource Developer
SUBJECT: Workforce Solutions of the Treasure Coast's FY2009 Class-Sized Training &
Youth Activities Program -Grant Application
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization to submit a grant application for Workforce Solutions of the
Treasure Coast's FY2009 Class-Sized Training & Youth Activities Program
requesting funds of $132,500.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) ~~...a~
_ Dan McIntyre
Grants/Disaster ( )
Recovery Dept.
illiam Hoeffner
- Grants/Disaster Recovery
,~,~F•~,~ Department
• ~ r
MEMORANDUM
TO: Board of County Commissioners
THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director ~1~~~
FROM: Sara E. Agrait, Grant Resource Developer S
DATE: August 18, 2009
SUBJECT: Workforce Solutions of the Treasure Coast's FY2009 Class-Sized Training & Youth
Activities Program -Grant Application
ITEM NO. V1- G3
Background:
This agenda item is to request the Board's authorization to submit a grant application for Workforce
Solutions of the Treasure Coast's FY2009 Class-Sized Training & Youth Activities Program. The
grant request is for $132,500 for the Construction Skills Certification Program to be implemented by
the Treasure Coast Builders Association (TCBA), a professional local non-profit organization that
represents the interests of the building industry in Indian River, Martin, Okeechobee and St. Lucie
counties.
The proposed TCBA's Construction Skills Certification Program is an industry-driven standardized
craft training program. The proposed training will launch a certification program on Core Curriculum -
Introductory Craft Skills for the Construction Industry, as provided by the National Center for
Construction Education and Research (NCCER). TCBA is an NCCER Accredited Training Sponsor
with experience delivering similar training programs in the Treasure Coast area.
The proposed program will enable low-income youths, unemployed adults, and dislocated workers in
the Workforce Region 20 area (Indian River, Martin, Okeechobee, and St. Lucie Counties) to earn a
nationally recognized certification in the construction industry. Trainees will be able to register in
national industry databases upon graduation, thus, expanding their opportunities to enter the
construction industry workforce.
Recommendation
Board authorization to submit a grant application for Workforce Solutions of the Treasure Coast's
FY2009 Class-Sized Training & Youth Activities Program requesting funds of $132,500.
ITEM NO. VI- G4
- DATE: 08/18/09
i ~ ~ AGENDA REQUEST REGULAR ( )
~ PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: S~
Sara E. Agrait
SUBMITTED BY: Grants/Disaster Recovery Department Grant Resource Developer
SUBJECT: U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention
and Support Services for Women Partners of Incarcerated/Recently Released Men
Program -Grant Application
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board authorization to submit a grant application to U.S. Department of Health and
Human Services' FY2009 HIV/AIDS Prevention and Support Services for Women
Partners of Incarcerated/Recently Released Men Program requesting funds for an
amount not to exceed $125,000.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER -
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Sis~natures
County Attorney ( ) ~ r.,
n McIntyre
Grants/Disaster ( )
Recovery Dept.
~ illiam Hoeffner
~ = ~ j, _ Grants/Disaster Recovery
Department
MEMORANDUM
TO: Board of County Commissioners
THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director%~~
FROM: Sara E. Agrait, Grant Resource Developer
DATE: August 18, 2009
SUBJECT: U.S. Department of Health and Human Services' FY2009 HIV/AIDS Prevention and
Support Services for Women Partners of Incarcerated/Recently Released Men Program
- Grant Application
ITEM NO. VI- G4
Backg~ound:
This agenda item is to secure the Board's authorization to submit a grant application to the U.S.
Department of Health and Human Services' FY2009 HIV/AIDS Prevention and Support Services for
Women Partners of Incarcerated/Recently Released Men Program. The grant request is for
$125,000 for the Caring Hearts Program to be established and coordinated by In the Image of Christ,
Inc., a local non-profit organization directed by Hazel Hoylman, dedicated to providing HIV/AIDS
prevention education services. There are no matching funds required for this grant opportunity.
The proposed 12-month Caring Hearts Program is an HIV prevention-education program that will be
focused on female partners of incarcerated or recently released men. Studies have demonstrated an
exceptionally high incidence of HIV/AIDS in this population. The program will be patterned after the
SISTA model. SISTA is a culturally sensitive curriculum, which provides prevention educational
activities to empower female participants with strategies to modify or decrease their engagement in
HIV/AIDS high-risk behaviors.
Recommendation
Board authorization to submit a grant application to U.S. Department of Health and Human Services'
FY2009 HIV/AIDS Prevention and Support Services for Women Partners of Incarcerated/Recently
Released Men Program requesting funds of $125,000.
~ ITEM NO. VI-H
- ~ ~F,,__
DATE: 08/18/09
. . AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (x)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B
Don McLam 1'~~
SUBMITTED BY: Central Services Assistant Director
SUBJECT: Flooring for Community Services Offices
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-1931-546200-15019 Community Services-Maintenance Projects
PREVIOUS ACTION: June 9, 2009 - BOCC approved reallocation of funds in the amount of $300,000 to
renovate Community Services offices.
RECOMMENDATION: Board approval to enter into contract with Agler Tile in the amount of $32,595 for
the installation of floor covering at the Community Services offices, and
authorization for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
1~. County Attorney (x) OMB Director (x) ` ~yy,
Budget Analyst _
Dan McIntyre Marie Gouin
Robert O'Sullivan
Originating Dept. (x) ERD ( )
Roger A. Shinn (Name)
~ ~ Central Services
e
' ~ ~ MEMORANDUM
TO: Board of County Commissioners
THROUGH: Roger A. Shinn, Directorf~'~
FROM: Don McLam, Assistant Directo~~,~"
Central Services
DATE: August 18, 2009
SUBJECT: Flooring for Community Services Offices
ITEM NO. VI-H
Background:
Upon Board approval to reallocate funds in the amount of $300,000 to renovate Community
Services offices, work started shortly thereafter and 20% of the work is completed.
The renovation will provide a reception area/waiting room, offices for 19 staff, community meeting
room, conference room, public and staff restrooms, kitchen/break room, file room, and storage
room. Improvements include the installation of vinyl and carpet floor covering.
Staff obtained formal quotes for the purchase and installation of the floor covering from three
vendors. The lowest quote received was from Agler Tile in the amount of $32,595, as shown in
Attachment 1. Agler Tile is located in St. Lucie County.
Recommendation:
Board approval to enter into contract with Agler Tile in the amount of $32,595 for the installation of
floor covering at the Community Services offices, and authorization for the Chair to sign
documents as approved by the County Attorney.
ITEM NO. VI-I
~ 1= _ ~ - ~ _ DATE: 08/18/09
- AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESEN BY:
Gertrude er,CFS
SUBMITTED BY: SLC ~ervisor of Elections Supervisor of Elections
SUBJECT: Purchase a High Speed Counter with Credit Memo No.CM10329
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board authorization to purchase a High Speed Counter with the Credit from 12
Precinct Tabulators that were returned and approve the 2008/2009 Budget
Amendment for the Supervisor of Elections.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED ( ) DENIED
( ) OTHER _
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney (X ) OMB Director (X )
~l Budget Analyst 1•~~ ~z=f '
Daniel McIntyre Marie Gouin
~ Sophia Holt
Ori inatin De t. X $~ci~ W ~ ERD
9 9 P ( ) ~ ( )
Gertrude Walker
r
Supervisor of Elections
~ r
J£
' ~ ~ MEMORANDUM
TO: Board f County Commissioners
FROM: Supe i of Elections
DATE: August 18, 2009
SUBJECT: Purchase a High Speed Counter with Credit Memo No.CM10329
ITEM NO. VI-I
Background:
Precinct Tabulators that were purchased in 2007 were returned to the manufacturer for a credit of
$68,820.00. This is a request to purchase a High Speed Counter using the sales quote of $68,820.00.
The High Speed Absentee Ballot Counter is needed due to the tremendous increase in vote-by -
mail. It has increased 165% since 2007.
The Precinct Tabulators are not needed because I plan to decrease the number of precincts. Precinct
voting has declined to only 29% of turnout in 2008 General Election.
Recommendation:
Board authorization to purchase a High Speed Counter with the credit from 12 Precinct Tabulators
that were returned and approve the 2008/2009 Budget Amendment for the Supervisor of Elections.
AGENDA REQUEST ITEM NO. VII-A
DATE: August 18, 2009
~ ~ 1 - - - REGULAR [ ]
- ~ ~
_ -
PUBLIC HEARING [x]
T.:_;~.3;b~ (::tea
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke
Assistant County Attorney
SUBJECT: Ordinance No. 09-007 -Chapter 7 Land Development Code -
Street Trees
BACKGROUND: See CA No. 09-718
FUNDS AVAILABLE:
PREVIOUS ACTION: This Ordinance was heard by the Local Planning Agency
on March 19, 2009, and April 16, 2009, and was
recommended for approval.
RECOMMENDATION
CONCLUSION: This is the first of two public hearings. No action is
needed at this time. The second public hearing will be
on September 1, 2009, at 6 p.m., or as soon thereafter
as may be heard.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER: -
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney: h ! [ ]Management & Budget: [ ]Purchasing:
[ ]Road & Bridge.: ~ .,C Parks & Recreation Director [ ]Solid Waste Mgr
[ ]Finance:(check for copy only, if applicable)
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. NO: 09-718
DATE: August 18, 2009
SUBJECT: Ordinance No. 09-007 -Chapter 7 Land Development
Code -Street Trees
BACKGROUND:
Section 7.09.00 sets out general landscaping requirements for residential and
non-residential developments. This section has been consistently interpreted by
Staff to require street trees in single-family subdivisions. Recently, applicants have
expressed confusion about the applicability of this section to their projects. At the
two hearings before the Local Planning Agency, this ordinance included a new
requirement for street trees every 30 feet. However, members of the public,
specifically local planning practitioners, raised several issues which has led Staff to
believe that a comprehensive change to our street trees requirement is needed and
will now be addressed through the revisions to Chapter 6 and 7, currently being
drafted. For the time being, several scrivener's errors and some confusing
language needs to be corrected to clarify the intent of this section with regard to
single family subdivisions and our current street trees requirement. This section
also needs to change the requirement from landscaping every 15 parking spaces, to
landscaping every 10 spaces, to match the previously-adopted parking ordinance
(Ordinance No. 07-015). Additionally, "Public Works Director" needs to be changed
to ~~Environmental Resources Director" to reflect who makes decisions with regard to
landscaping.
This Ordinance was heard by the Local Planning Agency on March 19, 2009, and
April 16, 2009, and was recommended for approval.
RECOMMENDATION/CONCLUSION:
This is the first of two public hearings. No action is needed at this
time. The second public hearing will be on September 1, 2009, at 6 p.m.,
or as soon thereafter as may be heard.
Respectfully submitte ,
He Sperrazza Lueke
Assistant County Attorney
HSL/
AGENDA REQUEST ITEM NO. VII-B
r _ _
DATE: August 18, 2009
~ _
~ REGULAR
PUBLIC HEARING [xx]
CONSENT [J
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY.
SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke
Assistant County Attorney
SUBJECT: Ordinance No. 09-026 -Court Fees
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Stuff recommends approval of Ordinance No. 09-026.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ]DENIED
[ ]OTHER: ~ -
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
/ Review and Approvals
County Attorney: Management & Budget Purchasing:
Daniel 5. McIntyre ouin rn~rp
Originating Dept. Public Works Dir: County Eng.:
Don est Mike Powley
Finance: (Check for copy only, if applicable) Eff. 5/96
_ ~ ~ , _ _ INTER-OFFICE MEMORANDUM
. ~ ST. LUCIE COUNTY, FLORIDA
_ v
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. NO.: 09-791
DATE: August 18, 2009
SUBJECT: Ordinance No. 09-026 -Court Fees
BACKGROUND:
House Bill 2108, signed by the Governor on June 18, 2009, amended Section
318.18, Florida Statutes, to allow the County to increase the surcharge for state court
facilities from fifteen and 0/100 dollars ($15.00) to thirty and 0/100 dollars ($30.00).
Ordinance No. 09-026 would raise this fee in St. Lucie County.
RECOMMENDATION/CONCLUSION
Staff recommends approval of Ordinance No. 09-026.
Respectfully submitted,
t
2~
r~
Heather Sper zza Lu e
Assistant County Attorney
Attachment
AGENDA REQUEST ITEM NO. VII-C
~ ~ _ _ - DATE: August 18, 2009
• REGULAR
PUBLIC HEARING [XX]
CONSENT
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
SUBJECT: 2707 Avenue T; Open and Unsecure Structure
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board authorize staff to have the
structure secured, grass mowed, brought in compliance with
codes and place a lien on the property for the costs.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ]DENIED
[ ]OTHER: ~~y
Approved 5-0 Motion to proceed Faye W. Outlaw, MPA
with staff recommendation in
two weeks iT properly owner County Administrator
does not secure the structure.
Review and Approvals
~ - ~
~ _ Management & Budge Purchasing:
Originating Dept. County Eng,:
Finance: (Check for copy only, if opplicoble) Eff. 5/96
ITEM NO. VII-D
~ ~ DATE: 08/18/09
•
~ AGENDA REQUEST REGULAR ( )
PUBLIC HEARING (X )
LEG. ( )
QUASI-JD ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTE Y:
Dennis Bunt
SUBMITTED BY: Public Works -Code Compliance Division Code Enforce ent Supervisor
SUBJECT: Unsafe Structure
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 102-2415-534000-200 -Contractual Services
PREVIOUS ACTION: June 16, 2009 -Board of County Commissioners determined the detached
garage was unsafe and granted approval to advertise a public hearing.
RECOMMENDATION: Board authorization to give the Code Compliance Division permission to
demolish the structure, clean the property, and assess the entire cost which
shall constitute a lien payable to St. Lucie County.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER ~ -
Approved 5-0 Motion to proceed Faye W. Outlaw, MPA
with staff recommendation in County Administrator
iwo weeks if property owner
does not comply. Coordination/Signatures
County Attorney (X) OMB Director (X) t
,F Budget Analyst '~~~1 ~ ~
~~e.. Daniel McIntyre Mar Gouin
Originating Dept. (X) ~ • ERD ( )
Don Id West Karen L. Smith
Public Works Department
- J _ _ MEMORANDUM
•
TO: Board of County Commissioners
THROUGH: Donald West, Public Works Director '
FROM: Dennis Bunt, Code Enforcement Supervis
DATE: 08/18/09
SUBJECT: Unsafe structure
ITEM NO. VII-jp
Background:
The property located at 1903 Edwards Road, Fort Pierce was cited by Code Enforcement on January
3, 2006 for outside storage, overgrowth and failure to maintain the exterior of the single family home
and detached garage. The matter was brought before the Code Enforcement Board on March 1,
2006 for a violation hearing. The property owner was given until May 15, 2006 to bring the property
into compliance. Compliance was not achieved and a fine hearing was held on June 6, 2006. At the
fine hearing, the Code Board heard testimony that the owner was making progress and continued the
fine hearing until July 5, 2006. At the July 5, 2006 fine hearing the owner testified that he was still
trying to obtain permits and financial assistance. The Code Enforcement Board determined that the
owner needed additional time but the property could not remain in its current condition. A fine of
$250 per day, not to exceed $10,000, for each day the violations continued after October 30, 2006
plus a cost for prosecution of $150 was ordered. The violations on the single family home and
detached garage were not abated and the fine reached the $10,000 maximum. Alien was recorded
on December 13, 2006.
On August 17, 2006, the owner obtained a permit to repair the roof of the single family home. The
permit reached its maximum expiration date on August 17, 2008 and the roof was never repaired.
Since that time, the owner has secured the single family dwelling by boarding the windows and doors.
However, no corrective action has ever been taken regarding the detached garage.
Recommendation:
Board authorization to give the Code Compliance Division permission to demolish the structure, clean
the property, and assess the entire cost which shall constitute a lien payable to St. Lucie County.
Attachment "A" - 2 photographs
Attachment "B" -Notice of public hearing and proof of publication
Attachment "C" -Order for repair or demolition of unsafe structure
AGENDA REQUEST ITEM NO.
DATE: August 18, 2009
~ REGULAR [XX]
PUBLIC HEARING U
CONSENT U
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
SUBJECT: House Bill 227 (2009)
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board agree to participate in the
legn) challenge to the constitutionnlity of House Bill 227 as a
party plaintiff.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ]DENIED
[ ]OTHER: Approved 5-O
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
f
County Attorney: ~ Management ~ Budget Purchasing:
Daniel 5. McIntyre
Originating Dept. Public Works Dir: County Eng.:
Finance: (Check for copy only, if applicable) Eff, 5/96
- - - - INTER-OFFICE MEMORANDUM
~ ~ - ST. LUCIE COUNTY, FLORIDA
•
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO.: 09-0964
DATE: August 5, 2009
SUBJECT: House Bill 227 (2009)
***~~*~***x************,~***~*~x********~******~**~*~*~*x*,~***~******~,~******
BACKGROUND:
During the 2009 legislative session, the Florida Legislature passed House Bill 227. The
Governor signed the bill into law on May 21, 2009. The legislation changed the burden of proof in any
action challenging an impact fee. The specific language of House Bill 227 is as follows:
In any action challenging an impact fee, the government has
the burden of droving by apreponderance of the evidence that the
imposition or amount of the fee meets the requirements of state
legal precedent or this section. The court may not use a
deferential standard.
Attached is a letter dated July 29, 2009, from Gregory T. Stewart, Esquire, of Nabors,
Giblin do Nickerson outlining several legal issues with the legislation. Mr. Steward specifically asked
whether St. Lucie County is interested in participating in the litigation. Ginger Delegal, Esquire,
general counsel for the Florida Association of Counties (FAC) sent an email dated August 3, 2009
(copy attached) which indicates that the FAC Board of Directors has given FAC permission to file
a declaratory action challenging the constitutionality of House Bill 227. According to Ms. Delegal,
a rough estimate for the cost of the litigation is $75,000. As of this date, Lee County, Lnke County,
Alachua County and Nassau County have agreed to participate in the lawsuit as plaintiffs. According
to Mr. Stewart, the cost for an individual county or city should not exceed $5,000.00,
RECOMMENDATION/CONCLUSION
Staff recommends that the Board agree to participate in the legal challenge to the
constitutionality of House Bill 227 ns a party plaintiff.
Respectf Ily submitted
i
/ 'f
Daniel S. McIntyre ~
County Attorney
DSM/caf
Attachments
r
AGENDA REQUEST ITEM NO.
DATE: August 18, 2009
~ _ ~ = - REGULAR ~
~ PUBLIC HEARING [ ]
CONSENT[ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Senate Bill 360 (Community Renewal Act) -Lawsuit
filed by the City of Weston challenging Senate Bill 360
as being Unconstitutional
BACKGROUND: See attached memorandum CA No. 09-0988
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION
CONCLUSION: Staff recommends that the Board approve either
Resolution No. 09-206A to join the Weston lawsuit or
Resolution No. 09-2066 to support the Weston lawsuit
and authorize the Chairman to sign the Resolution.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER: '
Approved 5-o Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney: ~ ~ / [ ]Management & Eudget: [ ]Purchasing:
Daniel 5. McIntyre_
[ ]Road & Bridge.: [ )Parks & Recreation Director [ ]Solid Waste Mgr
[ ]Finance:(check for copy only, if applicable) Effective 5/96
INTER-OFFICE MEMORANDUM
COUNTY ATTORNEY'S OFFICE
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO: 09-0988
DATE: August 11, 2009
SUBJECT: Senate Bill 360 (Community Renewal Act) -Lawsuit filed by the City
of Weston challenging Senate Bill 360 as being Unconstitutional
BACKGROUND:
On June 1, 2009, Governor Charlie Crist signed Senate Bill 360, the Community Renewal
Act (the "Act") into law over the objections of many Florida municipalities and counties as well
as the Florida League of Cities and the Florida Association of Counties.
The Act makes sweeping changes to growth management laws and was expressly
intended to "encourage urban infill and redevelopment by removing costly and unworkable state
regulations in urban areas". The language in the Act is unclear, resulting in disagreements
between attorneys for developers and attorneys for local governments as to its applicability.
The City of Weston, Florida and other local governments have filed a lawsuit challenging
the constitutionality ofSenate Bill 360 and have requested that any local government interested
in joining the Lawsuit as a plaintiff contribute $2,500 towards the attorney's fees and costs of
the lawsuit. Resolution No. 206A has been drafted to reflect that St. Lucie County will join the
Lawsuit.
Resolution No. 2066 has been drafted to give the Board another option. This resolution
designates that St. Lucie County supports other local governments in a lawsuit challenging
Senate Bill 360 as being unconstitutional.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve either Resolution No. 09-206A to join the
Weston lawsuit or Resolution No. 09-206B to support the Weston lawsuit and authorize the
Chairman to sign the Resolution.
Respectfully submitted,
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Daniel S. McIntyre`
County Attorney~// ~