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HomeMy WebLinkAbout11-24-2009 Signed Agendas0 AGENDA REQUEST COUNTY, F L p R I D A TO: BOARD OF COUNTY COMMISSIONERS ITE_ IV -A DATE: November 24, 2009 REGULAR [x ] PUBLIC HEARING [I CONSENT[] PRESENTED BY: Attorney Daniel S. McIntyre SUBMITTED BY(DEPT): County County Attorney SUBJECT: RESOLUTION NO. 09-351 - Proclaiming Tuesday, December 1, 2009, as "WORLD AIDS DAY" in St. Lucie County, Florida. BACKGROUND. Commissioner Chris Dzadovsky has requested that this Board proclaim December 1, 2009, as "WORLD AIDS DAY" in St. Lucie County, Florida. RECOMMENDATION: Staff recommendsthat the Board adopt the attached Resolution No. 09 351 as drafted. COMMISSION ACTION: ( APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ]Management & Budget: [ ]Purchasing: [X] County Attorney: Daniel S. McIntyre Solid Waste Mgr [ ] Road & Bridge.:_ [)Parks 8 Recreation Director [ ] Effective 5196 [ ]Finance: (check for copy only, if applicable) RESOLUTION NO. 09-351 A RESOLUTION PROCLAIMING DECEMBER 1, 2009, AS "WORLD AIDS DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The global spread of HIV infection and AIDS necessitates a worldwide effort to increase communication, education and action to stop the spread of HIV/AIDS. 2. The Joint United Nations Program on HIV/AIDS (U.N.AIDS) observes December 1 of each year as World AIDS Day, a day to expand and strengthen the worldwide effort to stop the spread of HIV/AIDS. 3. The American Association for World Health is encouraging a better understanding of the challenge of HIV/AIDS nationally as it recognizes that the number of people diagnosed with HIV and AIDS in the United States continues to increase, with over 1,018,428 AIDS cases reported through 2007. 4. It is estimated that one in 35 black people in Florida have HIV, and St. Lucie County is sixth in the State of Florida for HIV cases among white women. 5. World AIDS Day provides an opportunity to focus on HIV infection and AIDS, fighting barriers to services, providing support for people with HIV infection and AIDS, and educating about HIV/AIDS. 6. The U.N. AIDS' designated 2009 World AIDS Day theme "Universal Access and Human Rights" delivers a thematic focus on barriers to prevention, care and treatment services. At the same time, it seeks to improve the rights of People Living with HIV/AIDS by improving the environment in which they live in. St Lucie County will address the issues surrounding stigma that affects our community members' access to services including misconceptions about HIV transmission, stereotypes, and beliefs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim December 1, 2009, as "WORLD AIDS DAY" in St. Lucie County, Florida. 2. This Board urges all citizens of St. Lucie County to take part in activities and observances designed to fight stigma and other barriers that keep our community members from accessing services and to join the global effort to prevent the further spread of HIV/AIDS. PASSED AND DULY ADOPTED this 24T" day of November, 2009. M AGENDA REQUEST ITEM NO. VI-B.1 DATE: November 24, 2009 REGULAR[] PUBLIC HEARING [] CONSENT [XX] TO; BOARD OF COUNTY COMMISSIONERS PRESENTED BY. SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Noel and Mauva Hollingsworth for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Noel and Mauva Hollingsworth and authorize the Chairman to sign the Agreement as drafted by the County Attorney's office. COMMISSION ACTION: (y] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE Faye W. Outlaw, MP County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works: County Er Chris Lestrange Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 09-1386 DATE: October 27, 2009 SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Noel and Mauva Hollingsworth for Delinquent Impact Fees pursuant to Resolution No. 09-114 BACKGROUND: St. Lucie County has adopted ordinances establishing impact fees so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County. On September 6, 2005, the Board of County Commissioners approved Ordinance No. 05-030 which provided for an alternative method for collection of impact fees for public buildings, roads and parks. The alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Fee Payer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Fee Payer and the Owner. The Notice of Lien advised that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property. On February 3, 2009, the Board of County Commissioners granted permission for the County Attorney to file suit to foreclose said lien(s). It has been requested by Fee Payers to enter into a payment plan to pay the unpaid principal balance, accrued interest, late charges and other default -related costs recoverable under the terms of the Lien. Resolution No. 09-114 allows the Board of County Commissioners to enter into a payment plan with the delinquent fee payer. Such payment schedule shall be in conformity with the following guidelines: A) The terms of the Payment Schedule must be included within a binding Agreement between St. Lucie County and the Fee Payer. 7 AGENDA REQUEST CC)UNTY F 1 O iR :I D .A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-132 DATE: November 24, 2009 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Assignment of Miller Legg payments to Federal National Commercial BACKGROUND: See CA09-1447 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board approve the assignment of payment from Miller Legg to Federal National Commercial as of August 10, 2009. COMMISSION ACTION: CONCURRENCE: V-1 APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 [X] County Attorney: [ ] Road & Bridge.: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ) 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: 09-1447 DATE: November 24, 2009 SUBJECT: Assignment of Miller Legg Payments to Federal National Commercial BACKGROUND: The County has several continuing contracts for professional services with Miller Legg, as listed below: C07-12-719 Phase I & II Environmental Assessments C07-08-543 General Planning Services C07-07-387 Stormwater Services C07-07-383 Roadway Services C07-05-261 General Civil C07-05-260 General Environmental On August 10, 2009, Miller Legg informed the County that it has sold its rights to payment under these contracts to Federal National Commercial. Miller Legg will continue to perform the work under these contracts, however the County will now send all payments due to Miller Legg to Federal National Commercial. RECOMMENDATION/CONCLUSION: Staff recommends the Board approve the assignment of payment from Miller Legg to Federal National Commercial as of August 10, 2009. Respectfully sub itted, eather Spe 'r za eke Assistant Co my orney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Florida East Coast Railway, LLC Monitoring Wells Downtown Parking Garage BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO: VI-B-3 DATE: November 24, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and instruct Florida East Coast Railway, LLC to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: t)411APPROVED ( ]] OTHER Approved 5-0 [] v x Count Attorney: Daniel McIntyre [x] Originating Dept: Jrj— JoAnn Riley [ ] DENIED Review and Approvals [x] Road and Bridge- Don Pauley [x] Engineering: wP Mike Powl y CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: Don West 45L- [x] Central Servic Roger Shinn a AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-4 DATE: November 24, 2009 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-316 - Supporting Senate Bill 610 (SB 610) BACKGROUND: See attached memo CA-1649 RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-316 supporting Senate Bill 610 as drafted. COMMISSION ACTION: [�] APPROVED [ ] DENIED ]` OTHER: Approved 5-0 [X] County Attorney N CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals Daniel S. McIntyre 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: 09-1469 DATE: November 24, 2009 SUBJECT: Resolution No. 09-316 - Supporting Senate Bill 610 (SB 610) BACKGROUND: The Florida Senate has begun debate on Senate Bill 610 (SB 610) to identify the Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections and Clerk of the Circuit Court as the legislative body of their respective employees and NOT the Board of County Commissioners. The bill would amend the definition of "Legislative Body" to mean that the Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections and Clerk of the Circuit Court would be deemed to be the legislative body for their respective employees. A copy of Senate Bill 610 is attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 09-316 supporting Senate Bill 610 as drafted. Respectfully submitted, DSM/cb V Attachment Daniel S. McIntyre County Attorney , ITEM NO. VI-C TO: SUBMITTED BY: SUBJECT: BACKGROUND: DATE • 11 /24/09 AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jennifer Evans Environmental Resources Department Environmental Plan ng Coordinator - TVC Environmental Impact Report Waiver Request for the Mellon Patch Inn. See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to grant a waiver from the Environmental Impact Report requirement per Land Development Code 11.02.09(A)(5). COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures Public Works Dan McIntyre Originating Dept. oj� S�� ar n Smith on West Growth ( ) Management Mark Satterlee Environmental Resources MEMORANDUM TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Director FROM: Jennifer Evans, Environmental Planning Coordinator DATE: November 24, 2009 SUBJECT: Environmental Impact Report Waiver Request for the Mellon Patch Inn. ITEM NO. VI-C Background: An application for a Minor Adjustment to a Minor Site Plan was submitted on June 13, 2008 for the purpose of adding stabilized grass parking to the existing bed and breakfast known as Mellon Patch Inn. Per Land Development Code 11.02.09(A)(5), an Environmental Impact Report (EIR) is required because the project is located on North Hutchinson Island. The purpose of an EIR is to assess the impacts of the proposed development upon existing natural environmental conditions. There are no significant environmental features within the proposed grass parking expansion area. There are only two relevant portions of the Environmental Impact Report requirements applicable to this project, which include the soil and water conservation plan and the shoreline stabilization plan. The applicant has complied with these portions of the EIR to the satisfaction of the Development Review Committee (DRC). Per Land Development Code 11.02.09(A)(5)(2), the Board of County Commissioners may grant total or partial relief from this requirement if it finds, after receiving a recommendation from the Development Review Committee (DRC), that information foregone by such relief is not needed to determine the environmental impact of the proposed development. Therefore, the Development Review Committee is recommending approval of the requested EIR waiver. Recommendation: Board authorization to grant a waiver from the Environmental Impact Report requirement per Land Development Code 11.02.09(A)(5). COCI F LORI FM NTY P III -N-4 D A _-'� REVISED AGENDA REQUEST ITEM NO. VI-D1 DATE: 11 /24/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark Satterlee, AICP, Dire2 SUBMITTED BY: Growth Management Department 6f5--� SUBJECT: Publication of St. Lucie County Comprehensive Plan — Municipal Code Corporation (Municode) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102-1510-534000-100 (Unincorporated Services Fund), Growth Management Planning- Other Contractual Services PREVIOUS ACTION: . March 18, 2008 — Contract #C08-03-189 approved by the Board of County Commissioners for $28,550 with completion by 9/18/08 • September 23, 2008 — Amendment #1 to contract approved by the Board of County Commissioners for extension of services through 1/31/09 • January 9, 2009 — Amendment #2 to contract approved by the Board of County Commissioners for extension of services through 12/31/09 RECOMMENDATION: Board approval of the fourth amendment to contract with Municipal Code Corporation (Municode) to extend the agreement to December 30, 2010 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD ( ) Michael Powley Karen Smith � Purchasing (X) OMB (X) Melissa berland Te&onna Johnson ��i� C�°eu�N Originating Dept. (X) Mark Satterlee � = = Growth Management Department COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Sheree Bell, Sr. Staff Assistant THROUGH: Mark Satterlee, AICP, Growth Management Dir DATE: November 24, 2009 SUBJECT: Publication of St. Lucie County Comprehensive Plan — Municipal Code Corporation (Municode) ITEM NO. VI-D1 Background: In 1990, the Comprehensive Plan and the Land Development Code were prepared by the Growth Management Department and adopted by the Board of County Commissioners. Since that time, there has not been a consistent method of tracking changes or updating the texts. Municipal Code Corporation is the industry standard for this service in Florida, and currently maintains the other portions of the St. Lucie County Code of Ordinances and Land Development Code. The Comprehensive Plan will be hosted online as a stand-alone publication and Municode will provide updates both in print and online as needed. This will allow staff and the public the ability to search and download current codes at all times. The Growth Management Department has been working with the vendor since March, 2008 to prepare the updates needed to publish the Land Development Code and the Comprehensive Plan. An ordinance was approved before the board in September, 2009 for non -substantive changes of the Land Development Code and publication online was completed. Staff is conducting a similar process for the Comprehensive Plan and additional time is needed to complete this publication. Recommendation Board approval of the fourth amendment to contract with Municipal Code Corporation (Municode) to extend the agreement to June 30, 2010 and authorization for the Chair to sign documents as approved by the County Attorney. ITEM NO. VI-D2 DATE: 11 /24/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Robin Meyer, Assistant Growth Management Director SUBMITTED BY: Growth Management Department SUBJECT: St. Lucie County Land Development Code Revisions BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1510-531000-100 (General Fund), Growth Management Planning- Professional Services PREVIOUS ACTION: • March 9, 2004 — Contract #C04-03-132 approved by the Board of County Commissioners for $58,340 with completion by 8/30/05 • September 27, 2005 — Amendment #1 to contract approved by the Board of County Commissioners for extension of services through 9/30/06 • February 27, 2007 -- Amendment #2 to contract approved by the Board of County Commissioners for extension of services through 6/1/07 and additional compensation in the amount of $26,440 • December 5, 2007 — Amendment #3 to contract approved by the Board of County Commissioners for extension of services through 6/1/08 • September 23, 2008 — Amendment #4 to contract approved by the Board of County Commissioners for extension of services through 3/31/09 RECOMMENDATION: Board approval of the fifth amendment to contract with Clarion & Associates to extend the agreement to December 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 County Attorney ( X ) Purchasing ( X ) Originating Dept. ( X ) Coordination/Signatures Daniel S. McIntyre Melissa imberland Mark Satterlee County Surveyor ( ) Ron Harris OMB (X) 11 wonna Johnson/ Marie Gouin Growth Management Department MEMORANDUM TO: Board of County Commissioners FROM: Robin Meyer, AIj�, �strowth Management Director THROUGH: Mark Satterlee, AICP, Growth Management Directo DATE: November 24, 2009 SUBJECT: St. Lucie County Land Development Code Revisions ITEM NO. VI-D2 Background: On March 9, 2004, the Board entered into a consultant agreement with Clarion Associates to provide consulting services for land use/planning assistance to the County. The scope of services includes revising the Administration Module of the Land Development Code, Chapters 10-12. The scope of services was revised in September, 2008 with the fourth amendment which expired 3/31/09. The remaining balance on the contract is $27,000. Staff has made significant progress in revising draft language. It is anticipated that this project will be completed in the fall of 2010. Recommendation Board approval of the Fifth Amendment to contract with Clarion & Associates to extend the agreement to December 30, 2010 and authorization for the Chair to sign documents as approved by the County Attorney. TO: SUBMITTED BY: SUB_ BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division Rosarita Avenue in Paradise Park See attached memorandum. N/A ITEM NO. VI -El DATE: 11/24/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Michael Powley, P.E. County Engineer ffiVP PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to advertise Ordinance No. 09-030 for a public hearing on December 15, 2009, at 6:00 p.m., or as soon thereafter, as the item may be heard designating a portion of Rosarita Avenue as a one-way roadway. COMMISSION ACTION: CONCURRENCE: (x) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) r Road/Bridge (x) Daniel McIntyre nal auley Originating Dept. ( x Qta - Do ald West Rosarita Avenue request PH.ag County Engineer (x) MVP Kc Michael Powley 'B AM Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director�>W. FROM: Michael Powley, County Engineer A#p DATE: November 24, 2009 SUBJECT: Rosarita Avenue in Paradise Park ITEM NO. VI -El Background: Currently, Rosarita Avenue is an unimproved roadway extending east from 25th Street to the Fort Pierce Farms Water Control District (FPFWCD) Canal No. 1. The right-of-way for this corridor is 25 feet wide and is aligned parallel to the north side of the South Florida Water Management District (SFWMD) C-25 Canal in the Paradise Park Subdivision. Physical constraints, including the limited width of the right-of-way, transmission poles for Florida Power and Light, their distribution poles on the opposite side of the road, and the C-25 canal bank prohibit the construction of a two-lane road. In addition, limited sight distance at the intersection of Rosarita Avenue and 25th Street, just north of the C-25 Canal bridge crossing, greatly restricts safe turning movements for westbound traffic entering onto 25th Street. Construction is presently underway to improve the stormwater drainage system in Paradise Park. This includes roadside swales along the north side of Rosarita Avenue that will result in additional constraints on the right-of-way, precluding two-way traffic. It is our intention that Rosarita Avenue between 25th Street and N. 17th Street be denoted as a one-way (eastbound only) roadway and be signed and enforced as such. From N. 17th Street to its eastern terminus at FPFWCD Canal No. 1, Rosarita Avenue will remain a two-way roadway. Please see Exhibit 1. The stormwater ponds located along the north side of the right-of-way provide sufficient distance to maintain the existing two-way travel configuration. We have contacted property owners on Rosarita Avenue advising them of our intentions. We also held a meeting on November 5th in Conference Room 3 with interested property owners to answer any questions they had. The meeting was productive and the residents were generally supportive. Previous Action: April 2, 2005 - Board approved Paradise Park Phase I Drainage Improvements. September 20, 2005 - Work Authorization No. 1 with PBS&J, in the amount of $208,411.45, for Paradise Park Subdivision Stormwater Improvements Phase II. ITEM NO. VI-E,2 DATE: 11/24/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. Pauley SUBMITTED BY: Public Works, Road & Bridge Road & Bridge Manager SUBJECT: Bid Waiver and Authorization to piggyback on Sun "n" Lake of Sebring Improvement District's Pavement Management contract with Florida Highway Products, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316001-41132-546200-4919 Maintenance Improvement 101002-41122-546200-42003 — Maintenance Improvement 316001-41132-546200-42003 — Maintenance Improvement 102809-3725-563000-42511 — Paradise Park Phase II PREVIOUS ACTION: December 12, 2006 — BOCC approval of piggy back to St. John's County contract January 23, 2007 — BOCC approval of piggy back to Marion County contract November 6, 2007 — BOCC approval of piggy back to St. John's County contract January 15, 2008 — BOCC approval of increase in the "not to exceed" contract amount October 14, 2008 — BOCC approval of 1 year extension to the St. John's County contract RECOMMENDATION: Board approval of Bid Waiver and the Authorization to piggyback to Sun "n" Lake of Sebring Improvement District's Pavement Management contract (Bid #08-102) with Florida Highway Products for Chip Seal and other asphalt materials and services for a not to exceed amount of $850,000 per year and authorization for the Chair to sign the contract as approved by the County Attorney. COMMISSION ACTION: (x) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney ( X ) Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Silt natures OMB Director ( X ) Budget Analyst ( X ) Mg�- rie Gouin Tawonna Johnson Originating Dept. ( X) Public Works ( X ) (A- Donald B. Paule — D nald B. West rA Public Works Administration MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Director w FROM: Donald B. Pauley, Road & Bridge Manage DATE: November 24, 2009 SUBJECT: Bid Waiver and Authorization to piggyback on Sun "n " Lake of Sebring Improvement District's Pavement Management contract with Florida Highway Products, Inc. ITEM NO. VI-E3 Backaround: Over the last three years, numerous dirt roads throughout the County have had Chip Seal applied to them to help control dust and to provide a hard driving surface. Resurfacing these roads with asphalt would require creating engineering plans, obtaining permits, and bidding the road construction. Historically, the total cost of constructing asphalt roads is approximately $1,000,000 per mile including right-of-way acquisition. This is not cost effective for the County when compared to what can be accomplished by utilizing the chip sealing method which costs approximately $58,000 per mile. Additionally, we would like to use this contract to complete the roadwork in the Paradise Park Phase II project. By allowing us to piggy back this contract, we will be able to utilize its various components to enable us to meet the grant deadline of March 1, 2010. We have received a letter from Florida Highway Products, Inc., as shown in Attachment A, that they will extend the terms, conditions and prices of their contract with Sun "n" Lakes Improvement District to us. This contract would be for five years with two additional three year extensions available if desired. See Attachments B through F for contract and bid price details. By utilizing this contract, it will enable us to better plan our projects and budgets over the next five years. Recommendation Board approval of Bid Waiver and the Authorization to piggyback to Sun "n" Lake of Sebring Improvement District's Pavement Management contract (Bid #08-102) with Florida Highway Products for Chip Seal and other asphalt materials and services for a not to exceed amount of $850,000 per year and authorization for the Chair to sign the contract as approved by the County Attorney. 'COUNTY . F L O R I D A` AGENDA REQUEST ITEM NO. VI-F DATE: 11 /24/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 08-09 Fourth Quarter. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: First, Second and Third Quarter Invoices for Contract Year have been paid. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0006686 for the Fourth Quarter period of July 01, 2009 thru September 30, 2009, in the amount of $315,284.79. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) ` OMB Director ( ) Budget Analyst (Dppiel S. McIntyre) I,- (Marie Gouin) Originating Dept. ( ) (Daniel . Lu # ERD ( ) (Name) ITEM NO. VI -GI DATE: 11/24/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Patti Raffensberger, SUBMITTED BY: Parks and Recreation/Recreation Recreation Manager SUBJECT: National Water Safety Congress Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit a grant application to the National Water Safety Congress as outlined in the attached memorandum and authorization for the Chair to sign the application. COMMISSION ACTION: (jc) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( x )1"'d, Debra Brisson (x) K44 4� Marie Gouin Patty Marston ERD ( ) (Name) Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director A�� FROM: Patti Raffensberger, Recreation Manager@ DATE: November 24, 2009 SUBJECT: National Water Safety Congress Grant Application ITEM NO. VI-G1 Backaround: The National Water Safety Congress (NWSC) is a non -governmental, nationally recognized organization dedicated to serving the general public by promoting recreational water and boating safety in the United States. The NWSC was organized in 1951 as one of the first non-profit water safety organizations, whose purpose was to take a leadership role to address the growing number of recreation -related boating accidents and the associated property damage, drowning, and deaths associated with the huge growth in water -related recreational activities. The National Water Safety Congress is dedicated to promoting safe use of both private and public water resources in the United States of America. Their mission is being committed to continuing their leadership role in advancing the promotion of education for the safety of recreational water activities throughout the United States, and internationally, by addressing water related recreational accidents and drowning throughout the nation. Approximately $60,000 is available for non-profit organization in 2010. If the Board approves the grant application St. Lucie County will be applying for the maximum individual grant amount of $2,000. This grant does not require matching funds. If awarded the grant, the funding will be used to hire swim instructors who will teach approximately forty-eight scholarship eligible children how to swim. Recommendation: Board approval to submit a grant application to the National Water Safety Congress as outlined in this memorandum and authorization for the Chair to sign the application. AGENDA REQUEST ITEM NO. VI-G2 DATE: 11 /24/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Patti Raffensberger, SUBMITTED BY: Parks and Recreation/Recreation Recreation Manager SUBJECT: Teamsters' Local Union No. 769 Request to Serve Alcohol BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Teamsters' Local Union No. 769 request to serve alcohol at their annual picnic at the Indrio School House on December 5, 2009 as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (x) Budget Analyst Daniel S. McIntyre Originating Dept. ( x) ERD DebkBriss(n O (Name) (Name) (Name) Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director W FROM: Patti Raffensberger, Recreation Manager P DATE: November 24, 2009 SUBJECT: Teamsters' Local Union No. 769 Request to Serve Alcohol ITEM NO. VI-G2 Background: Teamsters Local Union No. 769 has held its annual member picnic at the Indrio School House for many years. This year's picnic is scheduled for Saturday, December 5, 2009. The Teamsters have requested to serve alcohol at the picnic, as they have in the past. The county's Parks Ordinance, No. 1-15-23, requires that the Board approve each request for alcohol to be either served or sold on county property. The Teamsters have arranged for law enforcement to be present as required at events on County property where alcohol is being served. Recommendation: Board approval of Teamsters' Local Union No. 769 request to serve alcohol at their annual picnic at the Indrio School House on December 5, 2009 as outlined in this agenda memorandum. ITEM NO. VI, �/ / AGENDA REQUEST DATE: 11/24/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Ma aged SUBJECT: HOME Investment Partnership Program BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189102-6420-331510-600 — FY 09 HOME Consortium PREVIOUS ACTION: March 14, 2006 - Approved applying for funding through the HOME program. June 6, 2006 - Approved the formation of the St. Lucie County HOME Consortium. November 20, 2007 — FY 07 HOME Agreement approved. November 25, 2008 — FY 08 HOME Agreement approved. RECOMMENDATION: Acceptance of the FY 09 grant agreement with HUD for the HOME Investment Partnership Program, Budget Resolution No. 09-348 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: O APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) Coordination/Signatures Daniel S. McIntyre Beth Ryder CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst Marie Gouin Sophia Holt COUNTY a F L _ 0 iL <i , .0 , A .. ' y ITEN (r DATE: 11 /24/09 AGENDA REQUEST REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers JYY\- SUBMITTED BY: Community Services/Social Services Assistant Director SUBJECT: Early Learning Coalition Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001511-6420-331691-600 Department of Health and Human Services PREVIOUS ACTION: July 14, 2009 — Accepted Community Services Block Grant (CSBG) American Recovery and Reinvestment Act (ARRA) Agreement RECOMMENDATION: Board approval of a sole source agreement with the Early Learning Coalition of St. Lucie and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) Coordination/Signatures 1Vv i-,Dsn Daniel McIntyre Beth Ryder CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst Marie Gouin Sophia Holt h ` ITEM NO. VI-11 - DATE: 11/24/09 AGENDA REQUEST REGULAR ( ) r gkx« PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin r SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Invitation to Bid for Soda Machine Vending BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to advertise an Invitation to Bid for soda machine vending. COMMISSION ACTION: ( APPROVED ( ) DENIED OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures �c OMB County Attorney ( XBudget Analyst ( ) DanMcIntyre Purchasing ( I � \� Purchasing ( X ) Desiree Cimino Melissa Simberlund y�y Office of Management & Budget/Purchasing Rom MEMORANDUM �Y'7Z� . TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: November 24, 2009 SUBJECT: Invitation for Bid to Soda Machine Vending ITEM NO. VI-11 Background: The purpose of this bid is to provide all vending equipment and other related services necessary to support the needs of St. Lucie County visitors and staff for canned and bottled soda vending machines located in various county owned and operated facilities. The Pepsi Bottling Group, LLC was awarded the contract for exclusive pouring rights and soda vending machines on May 16, 2001. On September 8, 2009, The Pepsi Bottling Group, LLC requested to exercise the right to terminate their contract with St. Lucie County. (Attachment A) Recommendation: Board approval to advertise an Invitation to Bid for soda machine vending. ITEM NO. VI-12 AGENDA REQUEST DATE: 11 /24/09 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: Request for Proposal 09-016, Radio Advertising Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 9, 2008 - Board approval to advertise request for proposal RECOMMENDATION: Board approval to reject all responses for Request for Proposal 09-016, Radio Advertising Services COMMISSION ACTION: (j() APPROVED ( ) OTHER County Attorney ( X ) Dan McIntyre (X) �,i Desiree Cimino Purchasing ( ) DENIED Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst ( ) Solid Waste (X ) Leo Cordeiro Office of Management IL =! _ &Budget/Purchasing YN MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director''`, DATE: November 24, 2009 SUBJECT: Request for Proposal 09-016, Radio Advertising Services ITEM NO. VI-12 Background: On January 21, 2009, proposals for Request for Proposal 09-016, Radio Advertising Services, were opened. Three submittals were received; 61 firms were notified and nine documents were distributed. Staff is recommending rejecting all proposals as they are not necessary any longer due to the fact that the County has purchase orders with the radio stations covering all required demographics. Recommendation: Board approval to reject all responses for Request for Proposal 09-016, Radio Advertising Services. ITEM NO. VI-13 DATE: 11 /24/09 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: Request for Qualifications (RFQ) No. 09-012, Neighborhood Charrette Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102-15101-531000-100-Professional Services PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the short-listed firms for Neighborhood Charrette Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award contract to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) Budget Analyst ( X) Dan McIntyre TgWonna Johnson Purchasing ( X) �r Growth (X) Management - Desiree Cimino Mark Satterlee Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners �4wFROM: Marie M. Gouin, Director ,f DATE: November 24, 2009 SUBJECT: Request for Qualifications (RFQ) No. 09-012, Neighborhood Charrette Services ITEM NO. VI-13 Background: On June 5, 2009, responses to RFQ No. 09-012, Neighborhood Charrette Services, were opened. Thirteen proposals were received; 730 companies were notified and 98 RFQ documents were distributed. Upon selection of the most qualified firm contracts will be entered into with the successful firm(s) for each neighborhood and corridor -planning area St. Lucie County decides to pursue. The projects to be undertaken by the successful firm or firms involve neighborhood and corridor planning for the study area described below, and potentially other areas that have not yet been determined. The study area encompasses the County's Research and Education Park located on the west side of King's Highway between Orange Avenue and Okeechobee Road, and the South Jenkins Road Corridor. The general boundaries of the study area would extend to Orange Avenue to the north, Okeechobee Road to the south, Brocksmith or Pulitzer Road to the west, and Hartman Road to the east. The consultant will be required to recommend the final detailed boundary for the neighborhood and corridor planning area, and provide analysis and recommendations for land use and zoning issues, land use mix with emphasis on mutually supporting uses, urban design characteristics, environmental factors, highway capacities and conditions, access management, streetscape issues, mass transit, stormwater management, green development strategies, reduction of single -use auto trips and utilities. The consultant may also be requested to coordinate the planning effort with adjacent participating jurisdictions or organizations, such as the City of Fort Pierce and the Treasure Coast Research and Education Park On November 4, 2009, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. Trias and Associates — Fort Pierce, Florida 2. Calvin, Giordano & Associates — Fort Lauderdale, Florida (St. Lucie County Satellite Office) 3. ILER Planning — Jupiter, Florida (St. Lucie County Satellite Office) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 'n DATE: November 24, 2009 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: St. Lucie County v. T$T Land - Offer of Judgment BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Based on the above, the County Attorney recommends that the Board authorize the filing of an Offer of Judgment in the amount of $1,750,000. The County's special counsel concurs with this recommendation. COMMISSION ACTION: (� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Daniel 5. McIntyre Originating Dept. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals Management & Budget Purchasing: Public Works Dir: County Er 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.: 09-1363 DATE: October 20, 2009 SUBJECT: St. Lucie County v. T&T Land - Offer of Judgment BACKGROUND: On October 28, 2008, the Board adopted Resolution No. 08-314 authorizing the acquisition of a parcel owned by T&T Land, Ltd. by donation, purchase or eminent domain. Attached to this memorandum is a map outlining the boundaries of the St. Lucie County International Airport. The property owned by T&T is outlined in yellow. The property is needed to clear the line of sight to the Air Traffic Control Tower, for providing additional security and for enhancing airport safety. On June 9, 2009, the Board approved a settlement offer from the property owner establishing a "floor" of $1,735,000 for compensation to the owner in the event of a jury trial. In return, the owner agreed to a stipulated order of taking allowing the County to take title to the property upon deposit of the floor amount. On June 18, 2009, the Court signed the Stipulated Order of Taking. The County now owns the property and has cleared the trees needed to open the new runway. OFFER OF JUDGMENT The Order of Taking did not resolve the issue of final compensation to the property owner. Under Florida law, compensation is determined by a jury of 12 persons. The County has noticed the case for trial. The case will most likely be scheduled for trial in the spring of 2010. Under Florida law, the County is allowed to make an offer of judgment which, if accepted, would resolve the case. If the judgment is not accepted by the property owner and the jury ultimately awards the property owner an amount that is lower than the amount the County offered in the offer of judgment, than the property owner cannot recover costs from the date of the offer of judgment.