Loading...
HomeMy WebLinkAbout06-01-2010 Signed Agendas r?'" AGENDA REQUEST ITEM NO. VI-B-1 _ DATE: June 1, 2010 f - ~ REGULAR [ ) • PUBLIC HEARING [ ) CONSENT[x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 10-025 - St. Lucie County Sustainability District; Permission to Advertise BACKGROUND: See attached memorandum CA 10-0644. RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No.10-025 for a public hearing on June 15, 2010 at 6:00 pm or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: ~(J APPROVED [)DENIED [)OTHER: ~ Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney:.. Daniel S. McIntyre _ ~ _"'r INTER-OFFICE MEMORANDUM ~ ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-0644 DATE: June 1, 2010 SUBJECT: Ordinance No. 10-025 - St. Lucie County Sustainability District; Permission to Advertise BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 10-025 which, if adopted, would create the St. Lucie County Sustainability District. As proposed, the district would provide financing to a property owner who voluntarily participates in the Sustainability program through non-ad valorem assessments levied on the program. The program would assist propertyowners who desire to install energy efficient improvements. The District would include the municipalities unless the municipalities decide to exempt themselves by ordinance. The proposed criteria for eligibility is set out in Section 1-19.10. In addition, each proposed property owner must obtain an energy savings audit that includes the estimated cost savings resulting from the implementation of the energy savings program. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 10- 025 for a public hearing on June 15, 2010 at 6:00 pm or as soon thereafter as possible. Resp ctfull~y submitted r' ' ' ~ ~ C / DSM/cb Daniel S. Mclntyr Attachment County Attorn /f AGENDA REQUEST ITEM NO. VI-B-2 DATE: June 1, 2010 ' ~ - REGULAR [ ] • ~ ~ PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTE BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin Criminal Justice Coordinator SUBJECT: Request to have the Board to approve a participation agreement between Florida Association of Clerks of Court (FACC) Services Group and St. Lucie County Drug Lab for the use of credit card transactions. BACKGROUND: Please see attached Memorandum CA No. 10-0645. FUNDS AVAIL: Funds received for drug screening would be deposited into the fine and forfeiture fund in the account string: 107-2360-369940- 2053 Drug Lab Testing. PREVIOUS ACTION: The St. Lucie County Drug Screening Lab Opened for testing on July 1, 2008. RECOMMENDATION: Staff recommends the Board approve the "MYFLORIDACOUNTY" participation agreement. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED ]OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals ~ ~ [X] County Attorney: [x] Management & Budget. I [ Dan McIntyre Marie Gouin, Director Patty Marston, Analyst off- f ~ County Attorney MEMORANDUM10-0645 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: June 1, 2010 SUBJECT: Agreement Approval for the use of credit card transactions at the SLC Drug Lab ITEM NO. Consent / VI-B-2 Background: The SLC Drug Screening Lab has been operating since it's opening (2008) on a cash only basis. Due to the number of participants utilizing the services of the SLC Drug Screening Lab, the staff have been asked numerous times, if the lab would take credit cards in lieu of cash. Electronic credit card transactions would make the lab more efficient, thus eliminating issuing invoices to the private and public sector businesses. Furthermore, parents or guardians of juvenile defendants would be provided an opportunity to process payments over the Internet, by phone or by linking to a private secure portal. This would eliminate the excuse of the parent not wanting to give their child or drug addicted relative cash. Cash in the hands of an individual addicted to drugs or alcohol, provides a great temptation and results in the defendant showing up for a drug screen without funds. The processing of credit card payments transactions would be completed through "MyFloridaCounty" which is implemented through E-commerce for processing. A transaction fee of 3.5% percent of the lab fees would be added to the client's bill ($1.05 on $30.00). Payments to the lab would be made "over the counter" with Visa, Master-Card, and Discover credit cards and bank debit cards. Recommendation: Staff recommends that the Board approve the "MYFLORIDACOUNTY" Participation Agreement, which would be between St. Lucie County and Florida Association of Court Clerks (FACC) Services Group, LLC. This will allow the Lab to run more efficiently and generate additional revenue. Respectfully submitted, Mark J. odwin Criminal Justice Coordinator ITEM NO. VI.B.3 J ~ DATE: 6/1 /10 • . , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark Godwin SUBMITTED BY: County Attorney Criminal Justice Coordinator SUBJECT: Certificate of Participation for the Byrne Memorial Justice Assistance Grant (JAG) Program for FY2010/2011 from the Florida Department of Law Enforcement in the amount of $206,153.00. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A ' PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the County's participation as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency (F.P.P.D., P.S.L.P.D., and S.L.S.O.). COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) , Budget Analyst / Y6 j Originating Dept. ( ) (Name) a°-r,"`-~ INTER-OFFICE MEMORANDUM ~ ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 10-0657 DATE: June 1, 2010 SUBJECT: 2010 Byrne Memorial Justice Assistance (JAG) Grant Certificate BACKGROUND: The Florida Department of Law Enforcement anticipates an award from the U.S. Department of Justice for Federal Fiscal Year 10/il in the amount of $206,153.00. These funds have been used in the past years by the Fort Pierce Police Department, the Port St. Lucie Police Department and the St. Lucie County Sheriff's Office. The funding from last year to this year has been dramatically reduced from $878,816.00 to $206,153.00 for St. Lucie County. In past years, the Byrne Grant supported a Crime Analyst for tracking Sexual Offenders, Pharmaceutical Diversion Program, and a bang Abatement Program. There is no match required. Recommendation /Conclusion: Staff recommends that the Board approve the County's participation as the coordinating unit of government in the F.D.L.E. Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Furthermore, staff recommends that if the grant funds are awarded, then the County would receive and distribute funds equally to each law enforcement agency. i? AGENDA REQUEST ITEM NO. VI-B-4 ~ ~ DATE June 1, 2010 REGULAR [ ] • ~ ~ PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement Imperial Testing Laboratories, Inc. Kim's Fina at Angle Road -Monitoring Wells BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 21, 2004 - Handex of Florida, Inc. was granted permission by the Board of County Commissioners to install one (1) well in the right-of-way of Angle Road. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct Imperial Testing Laboratories, Inc. to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: bQ APPROVED [ ]DENIED [ ]OTHER Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: --1~,1~ ~ [ ~ Road and Bridge: [x] Public Works: Daniel McIntyre Don Pauley Don West H c ..~.r~.. 7 0•~ 7 [x] Originating Dept: [x] Engineering: /Ul~~ JoAnn Riley Mike Powley PROPERTY ACQUISITION DIVISION • e ~ 1V1~1V10i~C1LV DUlVl TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: June 1, 2010 SUBJECT: Revocable License Agreement Imperial Testing Laborntories, Inc. Kim's Finn at Angle Rond -Monitoring Wells BACKGROUND: The purpose of the monitoring wells in the County's right-of-way of Angle Road is because petroleum contamination from former onsite underground storage tanks nt Kim's Finn. The County received aRight-of-Way Permit in April 2010 along with a letter dated October 21, 2009, from the Florida Department of Environmental Protection informing us that Imperial Testing Laborntories will be doing testing in the Angle Road right-of-way. Imperial Testing is proposing to install air spurge (AS) wells and soil vapor extraction (SVE) wells. The air sparge wells are a conduit to allow air at 4-cfm and approximately 7-psig to sparge the groundwater and transfer the hydrocarbons in the groundwater from the dissolved liquid phase to the free vapor phase. The sparged vapors are collected by the soil vapor extraction wells (SVE). This process allows for the removal of volatile and semi-volatile hydrocarbons from the impacted groundwater and soil. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct Imperial Testing Laboratories, Inc. to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, J nn Riley Property Acquisition Manager f - t ~ - ~ _ AGENDA REQUEST ITEM NO. VI-B- 5 * ~ Date: June 1, 2010 Regular [ ) Public Hearing Consent [X] TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Treasure Coast FBO, LLC -Assignment of Donald M. Ayres Hangar Sublease to Keith J. Snyder BACKGROUND: See C.A. No. 10-0671 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed Assignment and Assumption from Donald M. Ayres to Keith J. Snyder, and authorize the Chairman to sign the document. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED _ [ ]OTHER: ' Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: Daniel tyre Originating Dept.: Other : Other Mark Satterlee 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: 10-0671 DATE: May 21, 2010 SUBJECT: Treasure Coast FBO, LLC -Assignment of Donald M. Ayres Hangar Sublease to Keith J. Snyder BACKGROUND: Donald M. Ayres currently subleases a hangar from Treasure Coast FBO, LLC, at the St. Lucie County International Airport. As set forth in the attached Assignment and Assumption, Mr. Ayres intends to assign the sublease to Keith J. Snyder. Staff has reviewed the document and finds it acceptable as to legal form and correctness. RECOMMENDATION/CONCLUSION Staff recommends that the Board of County Commissioners consent to the proposed Assignment and Assumption from Donald M. Ayres to Keith J. Snyder, and authorize the Chairman to sign the document. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Planning and Development Services Director Airport Manager - ~ ; ! AGENDA REQUEST ITEM NO. VI-B- 6 ~ R Date: June 1, 2010 Regular [ ] Public Hearing [ ] Consent [X] TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Volo Holding Fort Pierce, LLC -Assignment of Wolfenden Enterprises, Inc. Hangar Sublease to Marine Connection Liquidators, Inc. BACKGROUND: See C.A. No. 10-0672 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed Assignment and Assumption from Wolfenden Enterprises, Inc. Hangar Sublease to Marine Connection Liquidators, Inc., and authorize the Chairman to sign the document. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ]DENIED [ ]OTHER: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: Dnniel5 ntyre Originating Dept.: Other : Other Mark Satterlee 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: 10-0672 DATE: May 21, 2010 SUBJECT: Volo Holding Fort Pierce, LLC - Assignment of Wolfenden Enterprises, Inc. Hangar Sublease to Marine Connection Liquidators, Inc. BACKGROUND: Wolfenden Enterprises, Inc. currently subleases a hangar from Volo Holding Fort Pierce, LLC, nt the St. Lucie County International Airport. As set forth in the attached Assignment and Assumption, Wolfenden intends to assign the sublease to Marine Connection Liquidators, Inc. Staff has reviewed the document and finds it acceptable as to legal form and correctness. RECOMMENDATION/CONCLUSION Staff recommends that the Board of County Commissioners consent to the proposed Assignment and Assumption from Wolfenden Enterprises, Inc. Hangar Sublease to Marine Connection Liquidators, Inc., and authorize the Chairman to sign the document. Respectfully submitted, ~r_r Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Planning and Development Services Director Airport Manager AGENDA REQUEST ITEM NO. VI-B-7 Y;,,, _ DATE: June 1, 2010 ~ 1 ~ - ~ REGULAR [ ] • ~ PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: St. Lucie County v. State of Florida, et. al.; Validation of North Lennard Road MSBU Special Assessment Improvement Bonds BACKGROUND: See attached memorandum CA 10-0675. RECOMMENDATION: Based on the recommendations of the County's consulting engineer, staff recommends that the Board approve the proposed settlement with ExxonMobil. COMMISSION ACTION: CONCURRENCE: [~Q APPROVED (]DENIED [ ]OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals X Count Attorne [l Y Y Daniel S. McIntyre a INTER-OFFICE MEMORANDUM ~ ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-0675 DATE: May 25, 2010 SUBJECT: St. Lucie County v. State of Florida, et al.; Validation of North Lennard Road MSBU Special Assessment Improvement Bonds BACKGROUND: In 1995, several propertyowners petitioned the Countyto investigate the feasibility of creating one or more MSBU's to fund the cost of providing paving and drainage, potable water, and wastewater improvementsto an area alongthe Lennard Road corridorbetween Kitterman Road and Silver Oak Drive. On June 6, 2000, the Board created three separate MSBU's and authorized the County Engineer to proceed with the final design, property acquisition, permitting and bidding of the projects. That portion of the contemplated roadway improvements comprising the Prima Vista Boulevard extension east of U.S. Highway 1 was constructed in 2004-2005 by certain developers involved in order to expedite completion and therefore enable development ofthe surrounding propertyfor its contemplated use. The Prima Vista Boulevard extension, which has been part of the proposed roadway improvement plan since inception of the project, was constructed pursuantto road construction and contribution agreements which provided that the developers would deliver that improvement consistency of excess capacity in exchange for impact fee waivers or credits. Over the next several years, the County continued its efforts in furtherance of the contemplated improvement projects and expended considerable resources - approximately $1.3 million to date - on engineering, design, permitting and other preliminary costs. The design is now complete and all necessary permits and rights-of-way have been obtained. ITEM NO. VI-C J - ~ DATE: 6/1/10 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY/~~ Roberta Breene SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Severe Repetitive Loss Program -Contracts BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of one Severe Repetitive Loss grant contract with the Florida Department of Emergency Management as outlined in the attached memorandum. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Faye W. Outlaw, MPA County Administrator Coordination/Si~tnatures County Attorney (X) " OMB Director (X) C~~ Daniel McIntyre Marie Gouin Budget Analyst (X) Robert O'Sullivan Originating Dept. (X) ERD Director (X) illiam Hoeffner Smith Central Services (X) Roger Shinn Central Services Don McLam Property Acquisition (X) J Ann Riley _ _ Grants/Disaster Recovery ~ ~ e.~:. ~ V».._~_~~a__. MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffneri~~ Grants/Disaster Recovery Director FROM: Roberta Breene Grants/Resource Developer DATE: 6/1/10 SUBJECT: Severe Repetitive Loss Program -Contract ITEM NO. VI-C Background: Applications have been submitted to the Federal Emergency Management Agency (FEMA) to mitigate seven residential properties that qualify under the Severe Repetitive Loss Pilot Program. This program was designed to provide funding to reduce or eliminate the long-term risk of flood damage to severe repetitive loss structures insured under the National Flood Insurance Program. Under various conditions and qualifications; the program will: • Elevate the structure, or • Acquire and relocate or demolish the structure. If acquired, the land must remain as open space in perpetuity and be maintained by a government entity, or • Demolish and reconstruct the home. Subject to the program limitations, the Federal Emergency Management Agency, through the Florida Division of Emergency Management, provides 90% of the mitigation cost. The homeowner is responsible for the remaining 10%, but must pay for the costs and seek reimbursement through the County from the State of Florida Department of Emergency Management (FLDEM). A contract has been received from the FLDEM for the sixth of the seven applications. The remaining one application is still pending. The grant does not require a cash contribution from the County and allows 5% of the total project cost for administration and project management to be paid to the County. Should the County's administrative costs exceed 5%, the overage would not be reimbursed. The Board approved funding of $24,000 needed for technical studies to develop all of the grant applications. Only $8,020 of the $24,000 allocation was needed to complete the technical studies. Therefore, the fund was closed at the end of the 2008-2009 fiscal year. This $8,020 in costs has been added to the cost of the mitigation projects, and should be reimbursed to the County when reimbursement through the grant is requested. The estimated project cost for this one acquisition property is $255,391, which would result in a 5% administrative fee to the County of $12,769. The annual maintenance cost by the County's Environmental Resources Department is estimated to be $400. The following acquisition project will require project management by the Grants/Disaster Recovery Department with assistance from the Property Acquisition Manager and the Central Services Department Project Manager: ITEM NO. VII-A-D ~'-y.~ DATE: 6/1/2010 * AGENDA REQUEST REGULAR ( ) • ~ PUBLIC HEARING (X ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Barbara Guettler SUBMITTED BY: Public Works -Engineering MSBU Assistant SUBJECT: Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of Item No. VII-A Resolution No. 10-163, Item No. VII-B Resolution No. 10-164, Item No. VII-C Resolution No. 10-165, and Item No. VII-D Resolution No. 10-166 as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER VII-A Approved 5-0 VII-C Approved 5-0 Faye W. Outlaw, MPA VII-B Approved 5-0 VII-D Approved 5-0 County Administrator Coordination/Sis~natures County Attorney (X) OMB Director (X ) t~-+~, ofh Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. (X) W • County Engineer (X) Do Id West Michael Powley i~"'rt Department Name ~ i } i MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Director~~w FROM: Barbara Guettler, MSBU Assistant Engineering DATE: June 1, 2010 SUBJECT: Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts ITEM NO. VII-A-D Background: The County has 19 Street Lighting Districts (SLDs). Two of the districts were created in 2000 and are funded by non-ad valorem special assessments based upon equivalent dwelling units ("EDUs") whereby the cost of providing the street lighting services are allocated on a pro rata basis among the parcels which benefit from each district. The 17 other SLDs which were created prior to 1996 are funded by ad valorem assessments based on property value. As a result of recent decreases in property value and increases in the cost of electricity, however, the proceeds of the ad valorem assessments are no longer sufficient to fund the cost of providing street lighting services to the properties within these districts. Therefore, the Board is considering converting the method of assessment for these 17 districts to one based on EDUs and the actual cost of providing the service as in the last two districts created. The uniform method for collection of non-ad valorem assessments as set forth in Florida Statute 197.3632, is a fair and reasonable way to fund street lighting improvements. If the Board chooses to adopt the attached resolutions, the revised assessment methodology would commence beginning with the 2010-2011 Fiscal Year. Special assessment amounts may vary from year to year depending on fluctuations in the actual cost of the providing the service (electricity, etc.). Each year the Board will adopt an annual assessment resolution approving the amount of the assessment. However, the assessment shall not increase in any subsequent year more than five percent (5%) from the previous year or more than a total of ten percent (10%) above the maximum assessment amount as indicated in the attached corresponding resolution unless the Board gives notice and conducts an additional public hearing. Over the next few months, a public hearing will be held for each of the 17 SLDs for the Board to consider comments from property owners before deciding whether to convert the method of assessment from ad valorem assessments to non-ad valorem special assessments. s~'' AGENDA REQUEST ITEM NO. j~ E - - DATE: June 1, ZO10 - - i REGULAR M PUBLIC HEARING [XX] CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: Resolution No. 10-113-TVC Municipal Services Taxing Unit - BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 10- 113 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: N ~ Management 6 Budget Growth Mgmt Dir: Daniel 5. McIntyre ark Satterlee Originating Dept. Public Works Dir: ~ Planning Mgr: Do est I a Wood Finance: (Check for copy only, if applicable) Eff. 5/96 - - ~ _ 1~:~u,, INTER-OFFICE MEMORANDUM ~ ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-0486 DATE: April 28, 2010 SUBJECT: Resolution No. 10-113 - TVC Municipal Services Taxing Unit BACKGROUND On May 1, 2007, the County entered into a Stipulated Settlement Agreement with the State of Florida Department of Community Affairs and others concerning the Towns, Villages and Countryside comprehensive plan amendments which were adopted in Ordinance No. Ob-19 on May 16, 2006. One of the provisions of new Policy 3.1.9.16 provides that "[w]ithin 12 months from the effective date of this policy, the County shall create a special taxing district and/or a municipal services taxing or benefit unit (MSTU/MSBU) to fund capital improvement programs within the NSLC SAP to the extent necessary beyond developer contributions in the form of impact fees, proportionate fair shore contributions and other developer contributions. "The geographic boundaries of such special district and/or MSTU/MSBU shall encompass not less than the entire area subject to the TVC land use designation as of the effective date of this policy provided that such special district and/or MSTU/MSBU may establish sub-districts as authorized by law." Attached to this memorandum is a copy of Resolution No. 10-113, which, if adopted, would create a municipal service taxing unit. Staff recommends that the Board create the unit but not levy any taxes or assessments at this time or in the foreseeable future due to economic conditions and the pending litigation. Permission to advertise the public hearing was granted on April 27, ZO10, and notice was published in the Tribune on May 7 and May 27, 2010. ITEM NO. VII-F ~ ~ ~ ~ ~ - - DATE: 06/01 /10 • ~ ~ ~ - AGENDA REQUEST REGULAR ( ) - - PUBLIC HEARING (X ) LEG. (X ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton Wilson ' SUBMITTED BY: Planning and Development Services Senior Long Range Planner Department, Planning Division SUBJECT: Transmittal hearing for the Evaluation and Appraisal Report-Based Amendments of the Comprehensive Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to transmit the Evaluation and Appraisal Report-Based Amendments of the Comprehensive Plan to the Department of Community Affairs. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER -7 ~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures Count Attorne Count Surve or S!`~i~ . Y Y (X) Y Y (X) Daniel S. McIntyre rr Ron Harris County Engineer (X) f~i~' ERD ( ) Mic ael Powley Kar n Smith Originating Dept. OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund Planning and Development ~v; ~~.r ` , ~ ` ~ Services Department • ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, PDS Directs FROM: Britton Wilson, Senior Long Range Planner ~~`~u~ Planning Division DATE: June 1, 2010 SUBJECT: Transmittal hearing for the Evaluation and Appraisal Report-Based Amendments of the Comprehensive Plan. ITEM No.: VII-F Background: Florida Statutes require local governments to adopt an Evaluation and Appraisal Report (EAR) once every seven years assessing progress in implementing their Comprehensive Plan. The EAR identifies how the Plan should be revised to better address community objectives, changing conditions and trends affecting the community and changes in state requirements. Counties are also required to amend their Comprehensive Plan based upon the EAR and submit EAR-based amendments to the Florida Department of Community Affairs (DCA). St. Lucie County adopted the EAR in October 2008 and the report was found sufficient by DCA in January 2009. Once approved it becomes incumbent upon the local government to enact changes included within the EAR. This process allows local governments to update their Comprehensive Plan to ensure it meets current community requirements. As information changes over time (population, funding sources, and infrastructure needs) it may be necessary to update data and analysis referenced in the Comprehensive Plan. As such, the County is adopting only the Goals, Objectives, and Policies by ordinance to allow the opportunity to accommodate needed updates in data and analysis as they occur. All revisions are contained within the draft document delivered to the Board of County Commissioners approximately three weeks prior to today's meeting. Along with the draft Comprehensive Plan Update, Commission members were provided a copy of a memo from Calvin Giordano & Associates, dated May 3, 2010, that summarizes the proposed changes, a memo from Michael Brillhart identifying County adopted economic development incentives and public comment documentation with responses from staff where appropriate. Previous Action: February 8, 2010 - A public workshop was held. February 15, 2010 - A public workshop was held. March 8, 2010 - A public workshop was held. March 18, 2010 - A workshop with the Planning & Zoning Commission/Local Planning Agency was held. April 15, 2010 -Public hearing with the Planning & Zoning Commission/Local Planning Agency was held and voted 5:2 in favor of recommending adoption of the proposed amendments to the Board of County Commissioners. May 25, 2010 -Board of County Commissioners informal meeting was held. Recommendation: Board approval to transmit the Evaluation and Appraisal Report-Based Amendments of the Comprehensive Plan to the Department of Community Affairs. ~ ITEM NO. VII - G _ ~ i ~ - DATE: 06/01/2010 • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Laurie Waldie SUBMITTED BY: Utilities Department Utility Director SUBJECT: Resolution 10-149, Rates, Fees and Charges BACKGROUND: See attached memorandum, FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 7, 2009 - BOCC approved rate structure for District. RECOMMENDATION: Board adoption of Resolution 10-149 authorizing the adjustment of water, wastewater, and reuse utility rates, fees and charges within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 4-1 Faye W. Outlaw, MPA Comm. Craft voting no County Administrator Coordination/Signatures County Attorney (X) OMB Director ( ) ~c-- Budget Analyst Dan McIntyre Originating Dept. (X) ~ ~ Other ( ) Laurie Waldie _ - r• ~ ~ - _ ~ Utility Department ~ MEMORANDUM TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director DATE: June 1, 2010 SUBJECT: Resolution 10-149, Rates, Fees and Charges ITEM NO. VII - G Background: The Rate Consultant, CDM, has analyzed the Utility customer and revenue projections, the expenditures, and rate covenants to determine the revenue requirements of the St. Lucie County (SLC) Utility system. The scope of work included the task of proposing uniform rates for the consolidated Utility system. Currently the various service areas have different rates based primarily on the rate schedules in effect when an area became part of the SLC Water and Sewer District (District) or SLC Utilities. Staff and the rate consultant have determined the revenue requirements to pay for O&M needs and comply with the Rate Covenant requirements. From that analysis, rates were determined that moved the utility to uniform rates. Attached are Tables 1-4 that show a comparison of the current rates for the various areas, North County which includes Indian River Estates, North Hutchinson Island, and HEW (Sampson Subdivision in Lakewood Park) with the proposed unified set of rates for all SLC Utility customers. The impacts on customers of consolidating the rates will vary by system and by service area. Tables 5 & 6 have been prepared showing these impacts and are attached. Notice of a proposed rate adjustment was included on the bills mailed to all existing St. Lucie County Water & Sewer District customers and advertised in a local newspaper at least 10 days prior to the public hearing (May 19, 2010). The proposed Rate Tariffs were also made available. A public workshop was held on April 22, 2010 on the proposed rates, fees and charges. Minutes from that meeting are attached. The County also received calls, letters, and comments from various customers on this issue. The comments show support from the North County service area (Holiday Pines, Indian River Estates, and Portofino Shores) and show non-support from North Hutchinson Island residents, who currently pay lower rates than the customers in North County. While the Utility still plans to accept credit cards, a new convenience fee of $4.00 per credit card transaction is being proposed to recover some of the costs in providing that service. Staff is requesting approval through this resolution to adopt the adjusted rates effective with bills rendered on or after July 1, 2010. Recommendation Board adoption of Resolution 10-149 authorizing the adjustment of water, wastewater, and reuse utility rates, fees and charges within the St. Lucie County Water and Sewer District as outlined in this agenda memorandum and attached exhibits. AGENDA REQUEST ITEM NO. VII-H DATE: June 1, 2010 ~ ® REGULAR PUBLIC HEARING [xx] CONSENT TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Ordinance No. 10-021 -Pain Management Clinics BACKGROUND: See CA10-668 FUNDS AVAILABLE: PREVIOUS ACTION: Forwarded from Local Planning Agency on May Z0, 2010, with recommendation for approval. RECOMMENDATION: This is the first of two public hearings. The second hearing will be on June 15, 2010, at 6p.m. or ns soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: [ ]APPROVED [ ]DENIED [X] OTHER: - ~ No Action required at this time. Faye W. Outlaw, MPA County Administrator Review and Approvals 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: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 10-668 DATE: June 1, 2010 SUBJECT: Ordinance No. 10-021 -Pain Management Clinics BACKGROUND: In the Spring of 2009, the State Attorney's Office for the 17th Judicial Circuit in Broward County, Florida, issued an interim report on "The Proliferation of Pain Clinics in South Florida" which established the following facts: (i) in 2008, an average of 13.5 deaths per day in Florida were attributed to prescription drugs; and (ii) pain clinics are migrating north from Broward County. St. Lucie County has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with some pain management clinics in South Florida. Several counties and municipalities in South Florida have enacted restrictions on pain management clinics or have enacted moratoriums on new pain management clinics in their jurisdictions. Such restrictions or temporary bans could result in pain management clinics migrating to St. Lucie County. The threat of illegal narcotic activity and increased crime associated with such clinics is significant and could undermine the economic health of the County. County staff is currently analyzing the effects of pain management clinics in the County to determine whether it is necessary to adopt additional standards under the zoning and land development regulations in connection with the issuance of any development permits, business licenses, or approvals for the location of pain management clinics within the unincorporated St. Lucie County, Florida, analyzing new laws regarding pain management clinics enacted by the Florida Legislature, and preparing to make recommendations which will better promote the health, safety, and general welfare of the County. While staff is undergoing its analysis, and in order to prevent the occurrence during this period of uses which are incompatible with the intent of the zoning and land development regulations, staff requests that the Board establish a moratorium which AGENDA REQUEST ITEM NOS m. ~ DATE: June 1, 2010 ~ k' _ ~ REGULAR [XX] PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Interlocal Agreement -Treasure Coast Research Pnrk BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Bonrd npprove the Interlocal Agreement and authorize the Chairmnn to sign the Agreement. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: ~ Approved 5-0 Fnye W. Outlaw, MPA County Administrator j Review and Approvals County Attorney: a/ Ping. 6 Dev. Services Dir Purchasing' Daniel 5. McIntyre I tterlee Originating Dept. TCERDA Exec.Dir: County Eng.: Ben DeVries Finance: (Check for copy only, if applicable) Eff. 5/96 AGENDA REQUEST ITEM NO. DATE: June1, 20f0 ~ ~ - REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Code Enforcement Case No. 65167- 7704 Salerno, Fort Pierce, FL - Unsightly and Unsanitary Matters BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owners ordering them to remove the unsightly and unsanitary matters on the property or St. Lucie County will have it abated, including, but not limited to, removing the dead trees, killing or removing the bees, and place a lien on the property. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ J OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ x ]Code Complian Daniel S. McIntyre obin Meyer INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 10-0676 DATE: June 1, 2010 SUBJECT: Code Enforcement Case No. 65167- 7704 Salerno, Fort Pierce, FL -Unsightly and Unsanitary Matters BACKGROUND: St. Lucie County has received code compliance complaints from the neighbors of this property at 7704 Salerno in Fort Pierce and have exhausted all avenues to gain compliance. The property was cited by Code Enforcement on May 4, 2010. The property was found to be in violation of Section 1-9-32 St. Lucie County Code of Ordinances, Public Nuisance -numerous dead trees, including tree debris, and a large bees nest. The property was also found in violation of Section 13.09.0 of the St. Lucie County Land Development Code -Exterior Property Maintenance -the exterior of the property needs repair, repaint or cleaning due to chipped and peeling paint, mold/mildew and discolored areas. Chapter 67-1998, Laws of Florida, Section 5 finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, shall be kept free from debris or any other matter which by reason of physical conditions or other peculiar characteristics might cause damage to life or property within the immediate area surrounding the same. The neighbors have stated that the bees have created nests in the garage door creating honeycombs and hundreds of bees. Neighborhood children have been stung. If the Board of County Commissioners finds it wise and expedient and serves a public health or safety purpose for such property to be cleaned of junk, trash and debris, weeds or other growth or materials, including, dead trees, honeycombs and bees, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of materials. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owners ordering them to remove the unsightly and unsanitary matters on the property or St. Lucie County will have it abated, including, but not limited to, removing the dead trees, killing or removing the bees, and place a lien on the property. Respectfully submitted, KMS/cb Katherine Mackenzie-Smith Encl. Assistant County Attorney H:WgendaMemaKMS-7704 Salemo.wpd