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HomeMy WebLinkAbout01-19-2010 Signed Agendas AGENDA REQUEST • • ITEM NO. VI-B.~ I DATE: Janunry 19, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 10-010 - Expert Documents; Testimony - Permission to Advertise BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grnt permission to advertise Ordinance No. 10-010. COMMISSION ACTION CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: ~`~' Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals lai~ Mana ement 6 Budget Purchasing: _ County Attorney: 9 Daniel S. McIntyre Originating Dept. Growth Mgmt Dir: County Eng.: Mark Satterlee Finance: (Check for copy only, if applicable) Eff. 5/96 COC.1 NTY F L O R I D A INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 10-0031 DATE: January 8, 2010 SUBJECT: Ordinance No. 10-010 -Expert Documents; Testimony -Permission to Advertise ,~,~**~ BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No, 10-010 which, if adopted, would require that advance notice of expert documents and expert testimony that is proposed to be introduced at a public hearing be filed with the County's Growth Management Director at least ten days before the public hearing. RECOMMENDATION/CONCLUSION Staff recommends that the Board grant permission to advertise Ordinance No. 10-010. Respectfully submitted, Daniel 5. McIntyre County Attorney DSM/caf Attachment ~~~~~~ F L p R i D Pt AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.2 Date: January 19, 2010 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Volo Holdings Fort Pierce, LLC -Subground Lease Agreement with Omniflight Helicopters, Inc. BACKGROUND: See C.A. No. 09-1724 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners consent to the Subground Lease Agreement between Volo Holdings Fort Pierce, L.L.C., and Omniflight Helicopters, Inc. COMMISSION ACTION ~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 County Attorney Originating Dept Daniel 5. McIntyre Diann Lewis CONCURRENCE ~----~ Faye W. Oultnw, M.P.A. County Administrator Coordination/Signatures Mgt. ~ Budget: Other: Purchasing: Other Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1724 DATE: December 31, 2009 SUBJECT: Volo Holdings Fort Pierce, LLC - Subground Lease Agreement with Omniflight Helicopters, Inc. BACKGROUND: Attached to this memorandum is a copy of a Subground Lease Agreement between Volo Holdings Fort Pierce, L.L.C., and Omnif light Helicopters, Inc. for approximately 1000 square feet and a hangar for one helicopter. Omnif light has subleased the site from Volo since 2007. This new agreement will extend the term for an additional year. Staff has reviewed the agreement and it appears acceptable as to form. RECOMMENDATION/CONCLUSION Staff recommends the Board of County Commissioners consent to the Subground Lease Agreement between Volo Holdings Fort Pierce, L.L.C., and Omniflight Helicopters, Inc. Respectfully submitted, 2~-~ a~_ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director 1 AGENDA REQUEST C F O L LT O CVT R Y '` I D A TO. BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B.3 DATE: January 19, 20/D REGULAR [) PUBLIC HEARING [] CONSENT [XX) PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Focilities Use Agreement - St. Lucie County Health Access Network BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Facilities Use Agreement and authorize the Chnirman to sign the Agreement. COMMISSION ACT'ION~ CONCURRENCE: [x) APPROVED [)DENIED [)OTHER: Approved 5-0 Review and Approvals County Attorney: ~ Management ~ Budget Purchasing: _ Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) ~ ~ Faye W. Outlaw, MPA County Administrator Eff. 5/96 ~~- - ~ INTER-OFFICE MEMORANDUM ~ - ~^ ~ ~ ST. LUCIE COUNTY, FLORIDA ~• TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1635 DATE: December 15, 2009 SUBJECT: Facilities Use Agreement - St. Lucie County Health Access Network *,~,~*~* BACKGROUND Attached to this memorandum is a draft Facilities Use Agreement between the County and the St. Lucie County Health Access Network. Under the terms of the Agreement, the Network would use approximately 2,000 square feet in the St. Lucie County Logistics Center to operate a free health clinic for St. Lucie County residents. If approved, the Network would construct the improvements needed to operate the clinic using Network funds and donated labor and materials. The Network would pay the County $1.00 per year for use of the facility. The Network will pay for maintenance and janitorial services. The County will pay for electricity, sewer, water and solid waste services. The proposed term is 10 years with the right to extend for two additional 5-year terms with the consent of both parties. RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the Facilities Use Agreement and authorize the Chairman to sign the Agreement. ly submitted, Daniel S. M County Att DSM/cnf Attachment ~^ C F o L u O NT R y I D A J AGENDA REQUEST ITEM NO. VI-C DATE: 01/19/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart SUBMITTED BY: Growth Management Department Capital Improvements Manager~~ SUBJECT: Proportionate Fair Share and Road Impact Fee Credit Agreement - BPSC Industries BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to advertise for a public hearing before the Board of County Commissioners on February', 2010, as outlined in the agenda memorandum. COMMISSION ACTION: '~~ CONCURRENCE: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Hearing date changed to 0211612010. Faye W. Outlaw, MPA County Administrator Coordination/Sis~natures County Attorney ( ) County Surveyor ( ) ~~J Daniel S. McIntyre Ron Harris County Engineer ( ) M~~ ERD ( ) Michael Powley Originating Dept. ( ) Mark Satt ee Karen Smith Growth Management Department J • ' ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterle an Bement Director FROM: Michael Brillhart, Capital Improvements Manager~~ DATE: January 19, 2010 SUBJECT: Proportionate Fair Share and Road Impact Fee Credit Agreement -BPSC Industries ITEM NO. VI-C Background: At its meeting on January 5, 2010, the Board of County Commissioners adopted Resolution No. 10-008 granting approval of the BPSC Industries major site plan consisting of 374,950 square feet of office, warehouse and light manufacturing space located along 53~d Street just south of St. Lucie Boulevard. In accordance with Section 5.07(A) of the Land Development Code (LDC), Condition No. 4 of the Resolution (attached) requires the developer to enter into a Proportionate Fair Share Agreement with St. Lucie County as a means of mitigating project transportation concurrency impacts on Kings Highway at St. Lucie Boulevard and Kings Highway at Angle Road intersections. The developer's proportionate fair share contribution is in the amount of $48,634.21. In addition, Section 5.07 (E) of the LDC allows the proportionate fair share contribution to be applied as a credit against road impact fees. A Proportionate Fair Share and Road Impact Fee Credit Agreement requires an advertised public hearing before the Board of County Commissioners. Recommendation: Board authorization to advertise for a public hearing before the Board of County Commissioners on February 2, 2010, as outlined in this agenda memorandum. e ITEM NO. VI-D1 DATE: 1/19/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P. E. ~ dp SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: TSOP, LLC -Road Improvement Agreement for CVS Pharmacy BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Road Improvement Agreement with TSOP, LLC and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: b0 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (x) ~~ Daniel McIntyre Originating Dept. (x) V~ - Don Id West CONCURRENCE: • __ Faye W. Outlaw, MPA County Administrator Coordination/S io n atu res OMB Director Budget Analyst ( ) Marie Gouin County Engineer (x ) ~~~ Michael Powley CVS. RIA. ag Department Name MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works~~• FROM: Michael Powley, County Engineer Map DATE: January 19, 2010 SUBJECT: TSOP, LLC -Road Improvement Agreement for CVS Pharmacy ITEM NO. VI-D1 Background: TSOP, LLC, the developer of the CVS Pharmacy on the northwest comer of Midway Road and US 1, was granted site plan approval by the Fort Pierce Gity Commission on July 7, 2008. Pursuant to the approved site plan, the developer is required to construct asix-foot concrete sidewalk along the north right-of-way of Midway Road. Midway Road is a county-owned and maintained roadway. A Road Improvement Agreement (Attachment A) and surety are required prior to the issuance of the County's right-of-way permit. Staff has reviewed and approved the engineer's estimate of probable cost (Attachment B). Recommendation: Board approval of the Road Improvement Agreement with TSOP, LLC and authorization for the Chairman to sign documents as approved by the County Attorney. C t~ [.i N7 Y F L O R I D A AGENDA REQUEST ITEM NO. VI-D2 DATE: 1/19/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division South 25t" Street and North Cortez Boulevard See attached memorandum. N/A PRESENTED BY: Michael Powley, P.E~~~ County Engineer PREVIOUS ACTION: October 3, 2006 -Board granted development approval. RECOMMENDATION: Board authorization to advertise for a public hearing to be held on March 2, 2010 at 6:00 p.m. or soon hereafter to consider closing the intersection of South 25th Street at North Cortez Boulevard. COMMISSION ACTION: ~- APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinatiorVSianatures County Attorney (x) RoadBridge (x ) Daniel Mctntyre Don auley Originating Dept. (x) ~' County Engineer (x) /H ~~ Do Id West Michael Powley N. Cortez peRnission to adv.ag '~ CQCINTY F L O R I D A TO: Board of County Commissioners Engineering Division MEMORANDUM THROUGH: Donald West, Public Works Director ~~. FROM: Michael Powley, County Engineer /~lY~ DATE: March 2, 2010 SUBJECT: South 25`" Street and North Cortez Boulevard ITEM NO. Back4round• Cortez Multi-family Townhomes is located on the south side of Cortez Boulevard east of South 25~' Street. A condition of the approval is the signalization of the intersection of South 25`h Street and Cortez Boulevard. On the west side of South 25`h Street, North St. Lucie River Water Control District Canal No. S is situated between Cortez Boulevard and North Cortez Boulevard. A consequence of signalization at Cortez Boulevard is the necessity of closing the intersection of North Cortez Boulevard and South 25`h Street. Please see Attachment A. The developer is preparing to construct the required signalization improvements. The construction plans require the contractor to construct a cul-de-sac on North Cortez Boulevard during this work at no cost to the County. Residents on North Cortez Boulevard can use the remaining portion to head west four blocks to 29`h Street to access the Cortez Boulevard and the South 25`h Street intersection when necessary. Recommendation: Board authorization to advertise for a public hearing to be held on March 2, 2010 at 6:00 p.m. or soon hereafter to consider closing the intersection of South 25"' Street at North Cortez Boulevard. ITEM NO. VI-D3 DATE: 01/1912010 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:~ Barbara Guettler SUBMITTED BY: Public Works -Engineering MSBU Assistant SUBJECT: Notice of Intent to establish Energy Conservation/Renewable Energy (ECRE) Municipal Service Benefit Unit (MSBU) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101001-4115-549000-400 Advertising PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to advertise a public hearing to consider approving a resolution stating its intent to use the uniform method of collecting assessments if levied on properties within the proposed ECRE MSBU to be held at the Board's regular day meeting on February 23, 2010, as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures ~ County Attorney ( ) OMB Director ( ) Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. ( ) W • County Engineer ( ) M~~ Do Id West Michael Powley Department Name MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Directoy~~' FROM: Barbara Guettler, MSBU Assistant1~ Engineering DATE: January 19, 2010 SUBJECT: Notice of Intent for ECRE MSBU ITEM NO. VI-D3 Backs~round: The Board of County Commissioners (BOCC) has requested that staff investigate the feasibility of creating an MSBU to fund the cost of retrofitting homes and businesses throughout St. Lucie County with energy conservation and renewable energy improvements. The improvements would include but not be limited to: weatherization, replacement of heating, ventilation, air conditioning, solar photovoltaic systems, and solar water heating. Property owner participation in the MSBU would be completely voluntary. The idea for creating the ECRE MSBU to fund the above mentioned improvements came too late to be included with our standard notice of intent resolutions approved by the Board on December 8, 2009. Both the Tax Collector and Property Appraiser have agreed to extend adoption of the resolution date to March 1, 2010 for the proposed ECRE MSBU. Pursuant to Chapter 197.3632(3) (a) Florida Statutes, the Board shall adopt a resolution at a public hearing prior to January 1, 2010 or, if the Property Appraiser and Tax Collector agree, March 1, 2010 for all non-ad valorem assessments that may be levied during the 2010 calendar year. The resolution shall state its intent to use the uniform method of collecting such assessments. The Board shall publish notice of its intent to use the uniform method for collecting such assessments for four consecutive weeks preceding the hearing. The resolution, which will be provided before the public hearing, does not in any way obligate the County to levy the special assessments; rather, it simply preserves the County's option to use the uniform method of collection if a special assessment is levied. Recommendation: Board authorization to advertise a public hearing to consider approving a resolution stating its intent to use the uniform method of collecting assessments if levied on properties within the proposed ECRE MSBU to be held at the Board's regular day meeting on February 23, 2010, as outlined in this agenda memorandum. . _ _:.,y ITEM NO. VI-E1 DATE: 1 /19110 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation SUBJECT: Contract Amendment, Agricredit BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PRESENTED BY: Matt Baum Golf Course Manager PREVIOUS ACTION: November 19, 2009 -Approval of Master Lease/Loan Agreement C09-10-544 with Agricredit for golf carts, supplied by Club Car, Inc. for the Fairwinds Golf Course. RECOMMENDATION: Board approval of the second amendment to Master Lease/Loan Agreement C09-10-544 with Agricredit for golf carts for the Fairwinds Golf Course as outlined in the agenda memorandum and authorization for the Chairman to sign documents as drafted by the County Attorney. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (x ) Originating Dept. (x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures ~1~ -- Daniel S. McIntyre Debra Brisson OMB Director Budget Analyst (x ) (x) ~~~ ~~~~ Marie Gouin Patty Marston ~3 Melissa Simberlund Parks and Recreation J s MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director fu~ FROM: Matt Baum, Golf Course Manager ~~> ~'~ ~'~~ DATE: January 19, 2010 SUBJECT: Contract Amendment, Agricredit ITEM NO. VI-E1 Background: On November 19, 2009, the County entered into alease/loan agreement with Agricredit C09-10- 544 for Club Car golf carts for the Fairwinds Golf Course based upon a delivery date of the carts by December 1, 2009. Delivery of the carts was not completed until December 31, 2009. Contract Amendment #2 amends the date of the agreement to coincide with the final delivery date of the golf carts. Because there were conditions deemed unacceptable by the County Attorney on Agricredits' contract form, and Agricredit would not allow for changes on the actual document, a first amendment, approved by the County Attorney, was part of the original contract. The first amendment addressed conditions such as Insurance, Assignment/Sub-Lease, Remedies, Indemnification, Choice of Law and Jurisdiction, Tax Treatments, and Non-Appropriation of Funds. Recommendation: Board approval of the second amendment to Master Lease/Loan Agreement C09-10-544 with Agricredit for golf carts for the Fairwinds Golf Course as outlined in this agenda memorandum and authorization for the Chairman to sign documents as drafted by the County Attorney. ~ o u n~~ ~ ~. _. E L .a It ~ ~D A AGENDA REQUEST CONSENT (x) TO: SUBMITTED BY: SUBJECT: BOARD OF COUNTY COMMISSIONERS Parks and Recreation ITEM NO. VI-E2 DATE: 1119110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) PRESENTED BY: Debra R. Brisson Director Recreation Facilities Mutual Use Agreement with the St. Lucie County School Board BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 26, 1998 -Approval of Recreation Mutual Use Agreement RECOMMENDATION: Board approval of the amended and restated Recreation Facilities Mutual Use Agreement with the. St. Lucie County School Board as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (x ) Originating Dept. (x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator CoordinationlSignatures OMB Director rl ~ Budget Analyst Daniel S. McIntyre G Debra R. Brisson (x) /~~~ Marie Gouin Patty Marston c~ (x) ~~.~ Melissa Simberlund _- COUNT .. . TO: Board of County Commissior~rs FROM: Debra R. Brisson, Director DATE: January 19, 2010 Parks and Recreation MEMORANDUM SUBJECT: Recreation Facilities Mutual Use Agreement with the St. Lucie County School Board ITEM NO. VI-E2 Background: On May 26, 1998, the County entered into a mutual use agreement with the St. Lucie County School Board. Having worked under the agreement for over ten years, School Board and County staff determined that the agreement needed to be amended to address circumstances and conditions as they exist today. ' The attached amended and restated Recreation Facilities Mutual Use Agreement provides the School Board use of County recreation facilities and the County use of School Board facilities free of rental charges. Either party may charge for the direct operating costs associated with the use of a facility. However, if payment of direct operating costs is required, notification must be provided along with an estimate of same, at the time a request for use is approved. The agreement specifically states that use of the Fairgrounds for graduations is subject to payment of direct operating costs and provides for use of the multipurpose rooms at the Havert L. Fenn Center, by the School Board, for small meetings of fifty or fewer Monday through Friday at no charge. All other requests for use of the Fenn Center are subject to facility rental fees. Lawnwood and South County Regional Stadiums are excluded from this agreement as their use is covered under a separate agreement. Additionally, by January 30th of each year, both the School Board and the County will prepare a cost analysis of use by the other based on the previous year to determine if either's use was unduly burdensome. If either's use is deemed unduly burdensome, then the County Administrator or designee and the Superintendent or designee will work in good faith to balance the inequities in either money or in kind services as agreed upon by the parties. The School Board approved the amended and restated Recreation Facilities Mutual Use Agreement on December 8, 2009. Recommendation: Board approval of the amended and restated Recreation Facilities Mutual Use Agreement with the St. Lucie County School Board as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ~.. C O U NT Y F L O R I D A AGENDA REQUEST CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye W. Outlaw, M.P.A. SUBMITTED BY: Administration County Administrator SUBJECT: Economic Development Council Grant for 2009-2010 BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-1515-582000-100 -Aid to Private Organization 666-1515-582000-100 -Aid to Private Organization PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board approval of the grant for $250,000 and authorize the Chairman to sign the agreement. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 ITEM NO. VI-F1 DATE: 01/19/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONCURRENCE: -~~_-i - Faye W. Outlaw, M.P.A. County Administrator CoordinationlSianatures County Attorney ( ) ~ OMB Director ( ) ~~~fff a` Budget Analyst . Daniel McIntyre Originating Dept. (~-) ~ [y ERD ( ) F ye W. Outlaw, M.P.A. Marie Gouin Patty Marston (Name) ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Faye W. Outlaur;-A#R-7~ County Administrator DATE: January 19, 2010 SUBJECT: Economic Development Council Grant for 2009-2010 ITEM NO. VI-F1 Background: For the past several years the County has entered into an agreement with the Economic Development Council of St. Lucie County (EDC). The Grant amount of $250,000 will be paid on a quarterly basis after the completion of an interim report detailing the quarterly activities to achieve the goals and objectives as outlined in the agreement. Recommendation: Staff recommends acceptance of the agreement and authorize the Chairman to sign the agreement as drafted by the County Attorney. ~~ COUNTY F L O R I D A AGENDA REQUEST CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye W. Outlaw, M.P.A. SUBMITTED BY: Administration County Administrator SUBJECT: Economic Development Council First Quarter Invoice BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-1515-582000-100 -Aid to Private Organization $50,000 666-1515-582000-100 -Aid to Private Organization $12,500 PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board acceptance of the First Quarter Report from EDC as fulfilling the requirements of the Contract and authorization for disbursing payment in the amount of $62,500 towards the matching grant, subject to the contract being approved. COMMISSION ACTION: (yC) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 ITEM NO. VI-F2 DATE: 01/19/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator G~ ~ CoordinationlSignatures County Attorney ( ) ~ ,(''~ . OMB Director ( ) ~ `-' Budget Analyst . Daniel McIntyre Originating Dept. ~) ERD ( ) a e W. Outlaw, M.P.A. Marie Gouin Patty Marston (Name) `., i r- -~ S =_ ~ COUNTY ADMINISTRATION • ~ MEMORANDUM TO: Board of County Commissioners FROM: Faye W. Outla ~ County Administrator DATE: January 19, 2010 RE: Economic Development Council -Accepting the First Quarter Report and Authorizing Matching Grant Funds Payment ITEM NO: VI-F2 BACKGROUND For the past several years the County has entered into an agreement with the Economic Development Council of St. Lucie County (EDC). On January 6, 2009, the Board agreed to increasing the amount to $250,000. The increase was made with the understanding that prior to any quarterly payment of $62,500, EDC would provide St. Lucie County quarterly interim reports showing that the goals and objectives have been met, as outlined in the Contract. Therefore, attached is a copy of the First Quarter Activities Report, as well as an invoice in the amount of $62,500. RECOMMENDATION Staff recommends acceptance of the First Quarter Activities Report from the Economic Development Council of St. Lucie County, and authorization for disbursing payment in the amount of $62,500 toward the matching grant, subject to the contract being approved. FWO/jdp Attachments ti - ~ ~ , ~ - AGENDA RECC.~EST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Ordinance No. 10-002 -Amending Section 1-4-26 (Enforcement and Penalties; Mandatory Court Appearance) to Provide for Surcharge pursuant to Section 828.27(4)(b), Florida Statutes, to Fund Training for Animal Control Officers BACKGROUND: See C.A. No. 10-011 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners adopt proposed Ordinance No. 10-002 as drafted. COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 County Attorney: Lry~ Faye W. Outlaw, M.P.A. County Administrator CONCURRENCE: ITEM NO. VII- ~ _ Date: January 19, 2010 Regular [ ] Public Hearing [X] Consent[ ] PRESENTED BY: Heather Young Assistant County Attorney Coordination/Signatures Mgt & Budget: Marie 6ouin Purchasing: Daniels McIntyre Originating Dept.:^~ Other ack Southard Finance (Check for Copy only, if applicable):- Other INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-011 DATE: January 5, 2010 SUBJECT: Ordinance No. 10-02 -Amending Section 1-4-26 (Enforcement and Penalties; Mandatory Court Appearance) to Provide for Surcharge pursuant to Section 828.27(4)(6), Florida Statutes, to Fund Training for Animal Control Officers BACKGROUND: In order to maintain the certifications required for their positions, the County Animal Control Officers must attend continuing education seminars. As this is a requirement of their employment, the County budgets funds for this cost. Section 828.27(4)(6), Florida Statutes (2009), authorizes n county to adopt nn ordinance adding n surcharge up to $5.00 to all animal control and animal cruelty fines. The funds generated from the surcharge must be used to fund the cost of training for animal control officers. Attached to this memorandum is a copy of proposed Ordinance No. 10-02 which would amend Section 1-4-26 (Enforcement and Penalties; Mandatory Court Appearance) to provide for the surcharge in the amount of $5.00. The current training budget for animal control officers is $500.00 including related travel. This represents a reduction from the $750.00 budgeted for Fiscal Yenr 2008/09. In previous years, the Animal Control Division issued an overage of one hundred seventy (170) citations which would generate approximately $850.00 in surcharges. As required under Section 828.27(4)(6), use of the funds generated under the ordinance would be restricted to training for animal control officers. Notice of the January 19, 2010 public hearing was published in the St. Lucie New Tribune on December 30, 2009. RECOMMENDATION/CONCLUSION Staff recommends the Board of County Commissioners adopt proposed Ordinance No. 10-02 as drafted . Respectfully submitted, ~t~ Heather Young Assistant County Attorney S - ,~ _~ _~ i AGENDA REQUEST TO. BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-B Dnte: Jnnunry 19, 2010 Regular [ ] Public Hearing [X] Consent[ ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Ordinance No. 10-001 (f/k/a Ordinance No. 9-027) -Amending Section 1-15-25 (Beaches) to Permit Dogs on Witd Cat Cove BACKGROUND: See C.A. No. 10-008 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners adopt proposed Ordinance No. 10-001 (f/k/a Ordinance No. 09-027) ns drafted. COMMISSION ACTION: [~}. APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 County Attorney ~~, ~~ ~~' - CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchnsing: Dani 5. M my e Originating Dep .' Other : Other Jack Southard J es R. David Finance (Check for Copy only, if applicable): ,~ ,~ ~ ~ Debra Brinson INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-008 DATE: January 6, 2010 SUBJECT: Ordinance No. 10-001 (f/k/a Ordinance No. 09-027) -Amending Section 1- 15-25 (Beaches) to Permit Dogs on Wild Cat Cove BACKGROUND: Section 1-15-2 of the St. Lucie County Code of Ordinances prohibits dogs on North Hutchinson Island from the dune line to the water between Pepper Park and the North Jetty, except law enforcement dogs. The question of where dogs are permitted and how the ordinance should be enforced has been an issue among the residents of the area for some time. During the Board's Informal Meeting on June 30, 2009, the Board directed staff to prepare an ordinance to permit dogs on Wild Cat Cove located on the west side of A-1-A. Wild Cat Cove contains a mosquito control impoundment encircled by a wide dike which is currently used as a walking trail by the public. In addition to the small parking lot on site, the property also connects to the north end of Pepper Park Riverside with paved parking and other amenities. Attached to this memorandum is a copy of proposed Ordinance No. 09-027 which would amend Section 1-15-25 to permit dogs on Wild Cat Cove subject to the same conditions in effect for dogs at Walton Rocks Beach. These conditions are as follows: 1. A maximum of three (3) dogs per person. 2. The dog(s) must be kept under control. If the dog annoys or bother another person, dog or other animal, it must be fastened to n suitable leash of dependable strength not to exceed eight (8) feet and the leash must be held or controlled. 3. Any person having a dog on the site must have suitable materials and utensils to pick up after the dog and must do so. 4. Each dog must have a current rabies vaccination tag affixed to its collar indicating the dog has been vaccinated against rabies in accordance with the provisions of in Section 828.30, Florida Statutes, which establishes the state protocol for rabies vaccinations. If adopted, the ordinance would take effect on February 1, 2010. A map indicating the ITEM NO. VII-C DATE: 01 /19/10 CoordipatioNSignatures ~ u, ~ ~- County Surveyor AGENDA REQUEST PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) CONSENT ( ) TO: Board of County Commissioners PRESENTED BY• Britton Wilson SUBMITTED BY: Growth Management Department Senior Planner SUBJECT: Ordinance No. 10-006 (FICA 09-031), Small-Scale Amendment to the Future Land Use Map for Sands End Development, LLC. (File No.: FLUMA 420093979) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: November 19, 2009 -The Planning and Zoning Commission /Local Planning Agency voted 4:1 in favor of recommending adoption of the proposed amendment to the Board of County Commissioners. RECOMMENDATION: Board denial of the Small-Scale Amendment to the Future Land Use Map for Sands End Development, LLC as outlined in the attached memorandum. County Attorney ( ) County Engineer ( ) Originating Dept. ( ) Approved 5-0 Motion to set the public hearing for 02N 612010 with the requirement for the applicant to pay for re-advertising to reflect the change from RH to RM. Daniel S. McIntyre Michael Powley Mark Satterlee REGULAR ( ) ,~ ( ) Ron Harris ERD ( ) ~~ Yt-d~.~lc~er Karen Smith ~ ------~ BOARD OF COUNTY COMMISSIONERS _. BOCC Hearing Date: Agenda Item No. VII-C 8~ VII-D January 19, 2010 Applicant Sands End Development, LLC., represented by Dennis J. Murphy, AICP, Culpepper & Terpening. Property Location The southern portion of South Hutchinson Island; east side of SR A1A, immedi- ately north of the Normandy Beach access, south of FPL Power Plant. Future Land Use From COM (Commercial) to RM (Residential Medium - 9du/acre) Zoning From CG (Commercial Gen- eral) to HIRD (Hutchinson Island Residential District) Staff Recommendation Board denial of the Small- Scale Amendment to the Fu- ture Land Use Map for Sands End Development, LLC as outlined in the attached memorandum. Board denial of the Petition to amend the Official Zoning Atlas for Sands End Develop- ment, LLC as outlined in the attached memorandum. Project Staff Britton Wilson Senior Planner 772-462-2822 Sands End Development, LLC. Proposed Amendment to the Future Land Use Map 8~ Proposed Rezoning Public Hearing Description Sands End Development, LLC. is petitioning for a change in the Future Land Use and Zoning designation of a 6.619 acre par- cel from commercial to residen- tial with a maximum density of 9 dwelling units per acre. The sub- ject parcel represents one of the last remaining undeveloped commercially designated lands on South Hutchinson Island within St. Lucie County. Background The subject property and the property to the immediate north are both owned by Sands End Development, LLC. The intent of the property, as stated by the applicant is to develop the two properties into a 108 multifamily residential site. If both the peti- tion to change the Future Land Use and Zoning are approved, it will return to the Board of County Commissioners for review as a Major Site Plan. Previous Action The applicant opted out of hold- ing aneighborhood meeting for this project. On November 19, 2009 the Plan- ning and Zoning Commission voted 4:1 in favor of recommend- ing adoption of both of the pro- posed petitions. Further details can be found in the attached staff report. ITEM NO. VII-D DATE: 01 /19/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD (X ) CONSENT ( ) TO: Board of County Commissioners PRESENTED BY: /Q~ Britton Wilson SUBMITTED BY: Growth Management Department Senior Planner SUBJECT: Resolution No. 10-006 (FKA 09-219), Petition to Amend the Official Zoning Atlas for Sands End Development (File No.: RZ 620093986) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: November 19, 2009 -The Planning and Zoning Commission voted 4:1 in favor of recommending adoption of the proposed petition to the Board of County Commissioners. RECOMMENDATION: Board denial of the Petition to amend the Official Zoning Atlas for Sands End Development, LLC as outlined in the attached memorandum. County Attorney ( ) C rdination/Si natures County Surveyor Daniel S. McIntyre ( ) Ron Harris County Engineer ( ) ERD ( ) Michael Powley v~L~ Karen Smith tA'`~ ~- Originating Dept. ( ) ark Satterlee r ~ ~ Approved 5-0 Motion to continue to 02116/2010 at 6:OOp.m, or as soon thereafter as possible. .. BOARD OF COUNTY COMMISSIONERS BOCC Hearing Date: Agenda Item No. VII-C 8~ VII-D January 19, 2010 Applicant Sands End Development, LLC., represented by Dennis J. Murphy, AICP, Culpepper & Terpening. Property Location The southern portion of South Hutchinson Island; east side of SR A1A, immedi- ately north of the Normandy Beach access, south of FPL Power Plant. Future Land Use From COM (Commercial) to RM (Residential Medium - 9du/acre) Zoning From CG (Commercial Gen- eral) to HIRD (Hutchinson Island Residential District) Staff Recommendation Board denial of the Small- Scale Amendment to the Fu- ture Land Use Map for Sands End Development, LLC as outlined in the attached memorandum. Board denial of the Petition to amend the Official Zoning Atlas for Sands End Develop- ment, LLC as outlined in the attached memorandum. Proiect Staff Britton Wilson Senior Planner 772-462-2822 Sands End Development, LLC. Proposed Amendment to the Future Land Use Map & Proposed Rezoning Public Hearing Description Sands End Development, LLC. is petitioning for a change in the Future Land Use and Zoning designation of a 6.619 acre par- cel from commercial to residen- tial with a maximum density of 9 dwelling units per acre. The sub- ject parcel represents one of the last remaining undeveloped commercially designated lands on South Hutchinson Island within St. Lucie County. Background The subject property and the property to the immediate north are both owned by Sands End Development, LLC. The intent of the property, as stated by the applicant is to develop the two properties into a 108 multifamily residential site. If both the peti- tion to change the Future Land Use and Zoning are approved, it will return to the Board of County Commissioners for review as a Major Site Plan. Previous Action The applicant opted out of hold- ing aneighborhood meeting for this project. On November 19, 2009 the Plan- ning and Zoning Commission voted 4:1 in favor of recommend- ing adoption of both of the pro- posed petitions. Further details can be found in the attached staff report. ~ 4 U NT Y ~. F L O R I D A AGENDA REQUEST CONSENT ( ) TO: SUBMITTED BY: SUBJECT: BOARD OF COUNTY COMMISSIONERS Growth Management Department ITEM NO. VII-E DATE: 01/19/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI~ID (X ) PRESENTED BY: Kara Wood l~ Planning Manager Resolution No. 10 - 024, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board denial of Resolution No. 10-024 approving the Preliminary Planned Unit Development for Shinn Road Equestrian Estates, as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) OTHER Approved 3-2 Comm. Dzadovsky voting no Comm. Coward voting no County Attorney CONCURRENCE: ( ) DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures ~ ) County Surveyor Daniel S. McIntyre County Engineer ( ) ~~~ Michael Powley Originating Dept. ( ) Mark Satterlee ERD c) ,~"~~ Ron Harris c ) Y>?k ~JQ~~ ~ ren Smith ~~ Growth Management MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management DireGite FROM: Kara Wood, Planning Manager Growth Management DATE: January 19, 2010 SUBJECT: Resolution No. 10 - 024, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) ITEM NO. VII-E Background: This application is a petition of Stiles Development for Preliminary Planned Unit Development approval for a project known as Shinn Road Equestrian Estates. The project proposes 106 single family lots on approximately 532 acres. The subject property is north of Okeechobee Road and NSLRWCD Canaf 71, extending from the southwest corner of Shinn Road and NSLRWCD Canal 58 west to Header Canal Road. Immediately to the north and west of the site is the Save the Chimps sanctuary. The subject property has an Agricultural Future Land Use designation. Over the past two years, the Board of County Commissioners has held a number of discussions regarding the interpretation of open space allocation in these types of development. The record of this particular application reflects this discussion history. The original application was submitted in January 2006, but was placed on hold at the applicant's request for approximately one year. The applicant requested in a letter dated July 9, 2007 that the application remain active but on hold "... until there is a clearer direction from the County Commission as to how the Ag PUD open space issue should be handled for projects that are in the pipeline." For the Shinn Road Equestrian Estates PUD application, staff finds that the organization of open space on the site plan does not meet the open space criteria established in the Land Development Code and Comprehensive Plan. Staff has noted three general areas of deficiency in the site plan: 1. The design provides inadequate clustering of developed areas. Instead of concentrating proposed lots closer to the main road to reduce infrastructure, lots are proposed to the extents of the property boundaries. 2. The design provides inadequate buffering adjacent to agricultural uses. In some areas, especially the northernmost parcel, lots have as little as 30 feet of buffer proposed on the subject property to protect residents from contiguous agricultural parcels. 3. The site plan documents do not have all open space areas labeled. Total open space required for an agricultural PUD is 80%. While the applicant has satisfied this number in the