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HomeMy WebLinkAbout11-09-2010 Signed AgendasAGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV -A DATE: November 9, 2010 REGULAR [x ) PUBLIC HEARING [ CONSENT [ l PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No.10-234 - "NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK" BACKGROUND: The Homeless Family Center of Vero Beach, Florida, has requested that this Board proclaim November 14, 2010 through November 20, 2010 as "NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK" in St. Lucie County, Florida. The attached Resolution No.10- 234 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-234 as drafted. COMMISSION ACTION: CONCURRENCE: ( APPROVED [) DENIED [ OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals X Count Attorney:_��-�.. [� Y Daniel S. McIntyre RESOLUTION NO. 10-234 A RESOLUTION PROCLAIMING NOVEMBER 14, 2010 THROUGH NOVEMBER 20, 2010 AS "NATIONAL HUNGER AND HOMELESS AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Each year, one week before Thanksgiving, the National Coalition for the Homeless and the National Student Campaign Against Hunger and Homelessness co-sponsor the National Hunger and Homelessness Awareness Week during which non -profits, schools, communities and cities take part in a nationwide effort to bring greater awareness to the problems of hunger and homelessness. 2. The Homeless Family Center, Inc., which provides emergency and transitional shelter for homeless families from Indian River, St. Lucie, Martin, and Okeechobee Counties is participating in this nationwide program by educating the community about this complex issue and soliciting support for their work at various locations throughout the area. 3. The present state of our local and national economy has driven the numbers of homeless and hungry individuals and families to unprecedented levels, which for many of us include our neighbors, families and friends. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of November 14, 2010 through November 20, 2010 as "NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK" in St. Lucie County, Florida. 2. This Hoard encourages the citizens of St. Lucie County to continue with our area's legacy of banding together to meet the needs of our communities with awareness, generosity and the determination to find solutions by giving of ourselves to those less fortunate in a way that no government or institution by itself can. PASSED AND DULY ADOPTED this 9`h day of November, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. U DATE: November 9, 2010 REGULAR[ ] PUBLIC HEARING [ j CONSENT[ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-295-- Kids at Hope Community BACKGROUND: Kim Thomas, Project Assistant and Treasure Hunter with Roundtable of St. Lucie County, Inc., has requested that this Board approve a resolution in support of Kids at Hope Community. Resolution No. 10-295 (attached) has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-295 as drafted. COMMISSION ACTION: 'CONCURRENCE: [ APPROVED [ j DENIED [ ] OTHER: --�-- Faye W. Outlaw, MPA Approved 5-0 County Administrator Review and Approvals [Xj County Attorney: L�� . Daniel S. McIntyre RESOLUTION NO. 10-295 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DECLARING THE COUNTY'S SUPPORT FOR KIDS AT HOPE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County (the "County") believes all its children are "at hope" and "capable of success, without exception" and is committed to support the positive development of its youth. 2. The County recognizes that to support the positive development of its youth, County employees must receive current information about children and youth development through professional development experiences. 3. The County also recognizes that to ensure the positive development of its youth, it must encourage other institutions, agencies and organizations to equally support a Countywide initiative in support of all children and, when able, will sponsor appropriate Countywide classes and workshops about youth development.. 4. The County recognizes the importance of celebrating the value of all its children and, when able, will sponsor activities which highlight our community's children including honoring National Kids at Hope Day with appropriate events. 5. The County is proud and honored to be recognized as a "Kids at Hope County" and wishes to join with Port St. Lucie and Fort Pierce to become the first "Kids at Hope Community" in the State of Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: SECTION 1. The County hereby commits to working to learn and share a set of principles and practices that can support the success of all children, without exception. In support of these principles, the County pledges to actively support Kids at Hope, including: Advancing the belief and practice that "all children are capable of success, no exceptions" by celebrating National Kids at Hope Day/Week to rally interest around the belief, principles and practices. Sponsoring (at least once a year) a .four hour seminar for all interested adults in the County to learn about the research behind Kids at Hope, its principles and practices and how that information can empower each adult to help all children succeed, without exception. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney Ar'ar i l®m ITEM NO. IV-C ©ATE; -November 9, 2010 REGULAR [x ] PUBLIC BEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-298 - Proclaiming November 11, 2010 as "VETERANS DAY" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim November 11, 2010 as "Veterans Day" in St. Lucie County, Florida honoring current and former members of the United States Armed Services. This resolution has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 10-298 as drafted. COMMISSION ACTION: CONCURRENCE: [� APPRQVED [ DENIED l OTHER:----~"�"`f Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X) County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-298 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA HONORING THE CONTRIBUTIONS OF CURRENTAND FORMER MEMBERS OF THE UNITED STATESARMED SERVICES BY RECOGNIZING NOVEMBER 11, 2010 AS "VETERANS DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. For more than 200 years, individuals from all walks of life have taken up arras and sworn an oath to support and defend the principles upon which our country was founded. 2. Throughout our history, courageous men and women have donned the uniform of our Armed Forces and built a noble tradition of faithful and dedicated service to our nation. 3. Veterans Day has been set aside as both a national and state holiday to honor the fifty million American patriots who answered the call of duty, preserving our freedoms and often making the ultimate sacrifice. 4. We can never fully repay our debt of gratitude to those heroic men and women who served, were wounded, or even died in battle. 5. The unwavering commitment of our soldiers, sailors, airmen, Marines and Coast Guardsmen has preserved our freedoms and saved millions around the world from tyranny. 6. We continue to draw inspiration from the heroism and dedication of those who currently serve and sacrifice for the cause of liberty and justice. 7. It is fitting that all Floridians honor America's military veterans, including Florida's 1.8 million living veterans through whose service and sacrifice we today enjoy freedom and liberty. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board calls upon the residents of St. Lucie County to honor the contributions of current and former members of the United States Armed Services by participating in local Veterans Day activities honoring the men and women who have stood watch over America. AGENDA REQUEST E TO: BOARD OF COUNTY COMMISSIONERS ITEM N0. VI-B-1 DATE: November 9, 2010 REGULAR [] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.). County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Midway Road Improvements Four-Laning of Midway Road from South 25`h Street West.to Selvitz Road Billie R. and Ellen M. Nease - Parcel ID 3403-502-0175-000/4 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds are available in: Impact Fees - Right -of -Way - 101006-4116-561007-4118 Impact Fees -Title - 101006-4116-561002-4118 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase with Mr. & Mrs. Nease, authorize the Chairman to sign the Contract and Lease Agreement, direct staff to proceed With the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: [X� APPROVED [ ] OTHER Approved 5•0 [x) County Attorney; Will, Daniel McIntyre [x] Originating Dept:.SNL .ioAnn Riley [ ] DENIED Review MLA. [x] Engineering: Allyn Michael Powley [x) County Surveyor: 4011/ Ron Harris SAlACQ\WPIJanet\Midway Road\Neasc\Agenda.wpd CONCURRENCE: Faye W. Outlaw, MPA County Administrator 1xI Public Works: Don We [ ] Road & Bridge: lll _13T - Don Paul ,'y AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-I DATE: November 9, 2010 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Midway Road Improvements Four -Laving of Midway Road from South 25" Street East to Selvitz Road Billie R, and Ellen M, Nease - Parcel ID 3403-502-0175-000/4 BACKGROUND: Please see attached Memorandum' FUNDS AVAILABLE: Funds are available in: Impact Fees - Right -of -Way - 101006-4116-561007-4118 Impact Fees - Title - 101006-4116-561002-4118 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase with Mr. & Mrs, Nease, authorize the Chairman to sign the Contract and Lease Agreement, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: [APPROVED [ ] DENIED [ ] OTHER Approved 5•0 �-- Faye W. Outlaw, MPA County Administrator Review and Approvals [xl County Attorney: [x] Engineering: A4V p [x] Public Works: Daniel McIntyre Michael Powley Don We4�wp [x) Originating Dept: J�wc [x] County Surveyor: [ 1 Road &Bridge: - JoAnn Riley Ron Harris Don Paul y SAA.CQ\WP\Janet\Midway RoadWease\Agenda,wpd PROPFERTYACQUISITIONDIVISION MEMORANDUM To: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 9, 2010 SUBJECT: Contract for Sale and Purchase Midway Road Improvements Four-Laning of Midway Road from South 251" Street East to Selvitz Road Billie R. and Ellen M. Nease - Parcel It) 3403-502-0175-000/4 BACKGROUND: St. Lucie County is in the process of acquiring rights of way as part of a Road Improvement Project to widen Midway Road from South 25th Street to Selvitz Road. The proposed design is for a four (4) lane divided urban section with a 6` sidewalk on the north side and a 12' multi -use path on the south side. The footprint for Midway Road will need to accommodate in the future two additional lanes in accordance with St. Lucie County's Long Range Transportation Plan. The proposed design of Midway Road will require that the County acquire the entire parcel owned by Billie R. and Ellen M. Nease. A copy of the map depicting the proposed right of way on the Nease parcel is attached. The Nease's have lived in their home for 41 years and are in poor health. This acquisition will require the Nease's to move. They will lose potential rental income from the two houses in the amount of $1,000.00 a month that helped supplement their income since retirement. Staff had appraisals prepared by Fuller-Armfield-Wagner Appraisal and Research ($315,000.00) and Deighan Consultants ($175,000,00). We also had a review appraisal prepared by Callaway & Price ($210,000.00). County staff offered the Nease's the review appraisal value of $210,000.00. The Nease's submitted a counter-offer for $315,000,00. The Nease's counter-offer is identical to the value of Mr. Fuller's appraisal. AGENDA RE UEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-2 DATE: November 9, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ Quasi -JD [ ] CONSENT [xj PRESENTED BY: SUBMITTED BY (DEPT.)-. County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Assignment of Revocable Limited License Agreement Stuart Property Holdings, Ltd. to Floridian Golf Resort, LLC Gilson Road An animal crossing culvert and special fence BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See Attached Memorandum NIA RECOMMENDATION: Staff recommends the Board approve the proposed Assignment of the July 6, 1999, Revocable Limited License Agreement to Floridian Golf Resort, LLC, authorize the Chairman to execute the Assignment and direct staff to record the Assignment in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] OTHER Approved 5.0 [x] County Attorney: A - Daniel S. McIntyre [x] Originating Dept: 1r' JoAnn Riley CONCURRENCE: [ ] DENIED , Faye W. Outlaw, MPA County Administrator Re_v_iew_a„n, d Approvals C] Road and Bridge:_ Don Pauley [] Engineering: Mire Powley [] Public Works:_ Don West [] Purchasing: PROPIER`I'YACQLUISI'TION DIVISION MEMORANDU2VS. TO, Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 9, 2010 SUBJECT: Assignment of Revocable Limited License Agreement Stuart Property Holdings, Ltd. to Floridian Golf Resort, LLC Gilson Road An animal crossing culvert and special fence BACKGROUND: On July 6, 1999, the Board of County Commissioners approved a Revocable Limited License Agreement, in favor of Stuart Property Holdings, Ltd. for an animal crossing with a special fence to go under Gibson Road. Stuart Property Holdings, Ltd, has contacted the County to inform us they have sold the property, a condition of the Revocable Limited License Agreement. Stuart Property Holdings, Ltd, are to inform the County of the new owners if they choose to have the Agreement stay enforce. We have given a copy of the Revocable Limited License Agreement to Floridian Golf Resort, LLC, they have agreed to accept the conditions of the Revocable Limited License Agreement and have signed the Assignment. RECOMMENDATION: Staff recommends the Board approve the proposed Assignment of the July 6, 1999 Revocable Limited License Agreement to Floridian Golf Resort, LLC, authorize the Chairman to execute the Assignment and direct staff to record the Assignment in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Division AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-3 DATE: November 9, 2010 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: State Revenue Sharing Improvement Revenue Bonds Series 2005 - Resolution No. 10-290 Amending Exhibit G Project Description BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 10- 290 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: jam' APPROVED [ ] DENIED [ ] OTHER:Approved 5-0 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals Y_ County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Mar' Hain It Originating Dept. Env. Resource Dir: County Eng.: Karen h 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.: 10-1399 DATE: October 19, 2010 SUBJECT: State Revenue Sharing Improvement Revenue Bonds Series 2005 Resolution No. 10-290 Amending Exhibit G Project Description BACKQROVND: On May 17, 2005, the Board adapted Resolution No. 05W 118 which provided for the issuance of not exceeding $14,000,000 State Revenue Sharing Improvement Bonds, Series 2005. County staff has reviewed the project description in Exhibit "G" and has drafted suggested modifications to the project description for Board consideration. Attached to this memorandum is a copy of the proposed changes in "clean" and "blackline" form. Also attached is a copy of draft Resolution No. 10-290 which, if adopted, would amend Exhibit G as noted above. The County's Bond Counsel has reviewed the proposed changes to Exhibit G and determined that the proposed uses of fends are a permissible use of the proceeds of the Series 2005 Bonds under the provisions of the Code. The original 2005 Project description included funds for the construction of the County Courthouse and acquisition of environmentally sensitive lands. The County continues to acquire environmentally sensitive lands, however, the 2005 Project did not provide funds for preservation, enhancement and protection of those lands, nor did it provide funds for Greenways and Trails and other environmental restoration projects on County lands. The revised 2005 Project description provides funding for the acquisition, enhancement, protection, restoration and preservation of environmentally sensitive lands, Greenways and Trails and other environmental restoration projects on County lands. However, regardless of the project description, the use of bond funds is still restricted to capital projects and cannot be used for operation and maintenance. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Gerard. and Beatrice H. Burns 4300 Avenue Q BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See Attached Memorandum NIA 11INKA ITEM NO. VI-B-4 DATE: November 9, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. Burns and Ms. Burns to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: — Daniel McIntyre [x] Originating Dept: �..1 O- JoAnn Riley CONCURRENCE: [ ] DENIED Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bridge Y Ir. Don Pauley [x] Engineering: /M' Mike Powley [x] Public Works: Don West [ ] Purchasing: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. V1B-5 DATE: November 9, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-292 - Renewable Energy Portfolio Standards BACKGROUND: It has been requested that this Board approve a resolution in support of State legislation to implement a Renewable Energy Portfolio Standard, Resolution No. 10-292 (attached) has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-292 as drafted. COMMISSION ACTION: CONCURRENCE: [)Q APPROVED [ j DENIED [ OTHER: - - _~--- Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney:`" Daniel S. McIntyre RESOLUTION NO.10-292 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING LEGISLATION TO IMPLEMENT COST-EFFECTIVE, CLEAN AND RENEWABLE ENERGY PORTFOLIO STANDARDS (RPS) IN THE SUNSHINE STATE, WITH MEANINGFUL OPPORTUNITIES FOR DISTRIBUTED SOLAR AND OTHER PREFERRED RENEWABLE ENERGY TECHNOLOGIES. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Florida has an abundance of clean and renewable energy (RE) sources that provide an opportunity for cost-effective energy solutions, economic development, and significant savings to taxpayers and rate payers alike. 2. The clean energy economy can help fuel much needed economic recovery, produce greater efficiencies and energy savings, create jobs in the hardest hitjob sectors, and foster private sector investment in clean industry, high paying manufacturing jobs and research and development activities. 3. According to the experts hired by the Florida Public Service Commission, the Top 3 most technologically -viable RE alternatives in Florida are: (1) Solar PV (photovoltaic)'(2) Offshore wind; and (3) Biomass. Solar thermal technologies are also very cost-effective and have potential widespread application. (Reference Navigant Report, p. 189) 4. Florida currently imports all of the fossil fuels used to generate electricity in the state and consequently exports about $15 billion annually. Instead of outsourcingjobs and capital, the Legislature should adopt an RPS and help provide the opportunity for people and entrepreneurs to reinvest in preferred renewable energy technologies. 5. An RPS requires states to procure a percentage of generation from renewable energy. No two programs are the same and each state must develop appropriate programs to meet state -specific needs and capitalize on all available local resources - most notably the Sun in the Sunshine State. 6. As of June 2010, mandatory RPS policies have been passed in 31 US states and the District of Columbia, with six additional states approving conditional or non -mandatory renewables goals. 7. Because of the tremendous solar energy potential in the Sunshine State, a specific emphasis should be given to Solar technologies and private sector investment therein. 8. According to the United States Department of Energy (DOE), those states that have adopted an RPS have seen little change in utility rates. In fact, seventy percent (70%) of the states with an RPS experienced less than 1 % change in utility rates. Texas experienced a rate decrease. (Reference DOE Study) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attorney ITEM NO. VI-13-6 DATE: 11-09-10 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [X] PRESENTED BY: Mark Godwin Criminal Justice Coor inator SUBJECT. Approve funding for Mental Health/Substance Abuse services offered by New Horizons of the Treasure Coast. Funds will support housing, treatment and services of persons who are in the criminal justice system and are mentally disabled. The objective of this funding would be to provide alternatives to incarceration and to shorten the time required for persons who meet criteria to enter mental health court and other case management services. BACKGROUND: Please see attached Memorandum CA No. 10-1460. FUNDS AVAIL: $481,000.00 has been approved in the criminal justice budget 10/11 for mental health services through New Horizons. The account string is: 107-2360-534000-200. PREVIOUS -,ACTION: In FY06/07, the Board funded these services and has done the same for the past three (4) years. RECOMMENDATION: Staff recommends the Board approve the contract with New Horizons. The contract will have a retroactive start date of October 1, 2010, incompliance with services rendered since the start of the 2010/2011 budget year. COMMISSION ACTION: CONCURRENCE: V1APPROVED [ ] DENIED OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [x] Management & Budget: f f Dan McIntyre Marie Gouin, Director Patty Marston, Analyst County Attorney MEMORANDUM10-1460 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney � FROM: Mark J. Godwin, Criminal Justice CoordinatorW DATE: November 9, 2010 SUBJECT: Approval of funding Mental Health Services offered by New Horizons of the Treasure Coast ITEM NO. VI B 6 Background: Since 2005/2006, the Board has funded New Horizons of the Treasure Coast Inc. to provide services to individuals involved with the criminal justice system that were suffering from mental and or substance abuse disorders. The $481,000 in funding from the Fine and Forfeiture Fund provides housing, medication, case management, psycho social rehabilitation and substance abuse services in community based settings. The contract for services is for $481,000.00. This funding also supports the $688,000.00 Substance Abuse, Alcohol and Mental Health grant award as in -kind match dollars. According to SLC Jail Classification reports, the percentage of inmates with psychiatric disabilities exceeds 20% - significantly higher than the national average of 7%, as reported by various national studies ' In accordance with national averages, close to 72% of this population may also be living with co-occurring substance abuse disorders. Early intervention opportunities for mental health and substance abuse offenders provide these defendants/offenders with access to alternative, more appropriate community mental health treatment at a cost significantly less than the cost of incarceration. New Horizons of the Treasure Coast, Inc. partners closely with the courts and criminal justice system to provide a broad range of mental health and substance abuse services. As a nonprofit corporation providing residential and outpatient mental health and substance abuse rehabilitation for over 47 years it has been the primary local provider of substance abuse and mental health services. Recommendation: Staff recommends the Board approve the contract with New Horizons of the Treasure Coast, Inc. as a sole source provider. New Horizons is the only program in the County that can provide the wrap around services that are needed for the jail diversion clients. 1. GAINS Center and Center of State Governments' Mental Health Consensus Project data — http://consensusproject. org/ther,_report. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attorney ITEM NO. VI-8-7 DATE: 11-09-10 REGULAR[ I PUBLIC HEARING [ I CONSENT [x] PRESENTED BY: Mark Godwin Criminal Justice Coordinator SUBJECT: Funding request for a Case Manager for Mental Health Court. Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. BACKGROUND: A Case Manager is a key position in diverting the mentally ill from the County Jail into community resources via the Mental Health Court. This position helps defendants with mental health evaluations, doctor appointments, along with continual contact with this specialized group of defendants. This position also helps the mentally ill defendants solve their day-to-day issues. Please see attached Memorandum CA No. 10-1461. FUNDS AVAIL: $65,000.00 Account String 107-2360-534000-200 PREVIOUS ACTION: The Board has funded this position since 2007 for the same amount. RECOMMENDATION: Staff recommends the Board deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Case Manager position that works in the Mental Health Court. This contract term will be from 10/1/10 thru 9/30/11, COMMISSION ACTION: [A APPROVED [ ] DENIED ( ]OTHER: Approved 5-0 [X] County Attorney: Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA ,County Administrator Review and Approvals [x] Management & Budget: /[ Marie Gouin, Director Patty Marston, Analyst County Attorney MEMORANDUMIO-1461 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: November 9, 2010 SUBJECT: Contract with New Horizons for staffing a Case Manager position for Mental Health Court ITEM NO. VI-B-7 Background: On June 6, 2006, Judge Cox held the first Mental Health Court session at the St. Lucie County Courthouse. Since then, over 608 defendants have appeared before the court with only 7% of the graduates having recidivated. A case manager position was put in place over two (3) years ago in order for the court to provide services to the mentally ill defendants. The case manager also provides coordinating treatment which includes working with and developing individually tailored treatment plans for an array of services including, medication management, supported living, employment, education, rehab and housing opportunities, as well as peer support. This position also helps defendants apply for federal benefits. New Horizons of the Treasure Coast, Inc. partners closely with the courts and criminal justice system to provide a broad range of mental health and substance abuse services. As a nonprofit corporation providing residential and outpatient mental health and substance abuse rehabilitation for over 47 years it has been the primary local provider of substance abuse and mental health services. Recommendation: Staff recommends the Board deem New Horizons as a sole source provider and enter into a contract with them for staffing the Case Manager position that works with Mental Health Court. New Horizons is the only program in the County that can provide the services needed achieve the overall goal of reducing the criminalization of the mentally ill within the correctional and judicial system and to reduce the rate of recidivism of the mentally ill. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B Date: November 9, 2010 Regular [ ] Public Hearing[ ] Consent [X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Logistics Center - First Amendment to Facilities Use Agreement with Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. BACKGROUND: See C.A. No. 10-1503 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt -the proposed First Amendment to the Facilities Use Agreement with Green Collar Task Force Joint Apprenticeship and Training Committee, Inc., and authorize the Chairman to sign the First Amendment. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Daniel S. McIntyre Originating Dept.: CONCURRENCE: Faye W. Outlaw, 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: 10-1503 DATE: November 8, 2010 SUBJECT: Logistics Center - First Amendment to Facilities Use Agreement with Green Collar Task Force Joint Apprenticeship and Training Committee, Inc, BACKGROUND: On May 25, 2010, the Board of County Commissioners approved the Facilities Use Agreement with Green Collar Task Force Joint Apprenticeship and Training Committee, Inc. for the Logistics Center. The agreement governs the use of the facility for the operation of a registered apprenticeship program to develop and train workers in green collar jobs in St. Lucie County. The agreement provides for an initial five year term subject to extension upon mutual agreement of the parties. During the October 26, 2010 Informal Meeting, the Board directed staff to prepare an amendment to the Facilities Use Agreement which would extend the term for an additional five years. As attached to this memorandum, the proposed First Amendment would extend the term through and including May 31, 2020. RECOMMENDATION/CONCLUSION Staff recommends that the Board of County Commissioners adopt the proposed First Amendment to the Facilities Use .Agreement with Green Collar Task Force Joint Apprenticeship and Training Committee, Inc., and authorize the Chairman to sign the First Amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Parks, Recreation, and Public Facilities Director AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: MCZ Mining Permit Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NIA ITEM NO. VI-C1 DATE: 1119110 REGULAR PUBLIC HEARING ( } LEG. ( } QUASI -JD ( ) CONSENT (X) PRESENTED BY: Michael Powley, P.E. County Engineer XV PREVIOUS ACTION: NIA RECOMMENDATION: Board approval to schedule a public bearing to be held December 7, 2010 at 6:00 p.m. or soon thereafter to consider the request of the MCZ/Centrum Citrus Farms' Mining Permit application. COMMISSION ACTION: (?�f APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney ( x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures Environmental Daniel McIntyre Services Director Originating Dept. ( x ) fm - County Engineei" Do ald West Planning & Dev. Services Dir. ( x ) Mark atterlee MCZ mine request PH.ag (x) ren Smith (X) /—tfy Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer NP DATE: November 9, 2010 SUBJECT: MCZ Mining Permit Application ITEM NO: Vl-C1 Background: The proposed MCZ Mine is located on the north side of Orange Avenue approximately nine miles west of Kings Highway. The proposed mine is situated inside of a 1200-acre parcel on which no previous mining activity has been approved. Staff requests permission to advertise a Public Hearing on December 7, 2010 to present the permit application. Recommendation: Board approval to schedule a public hearing to be held December 7, 2010 at 6:00 p.m. or soon thereafter to consider the request of the MCZICentrum Citrus Farms' Mining Permit application. TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works - Engineering Special Assessment Notice of Intent for 2011 See attached memorandum. FUNDS AVAILABLE: 101001-4115-549000-400 Advertising ITEM NO. VI-C2 DATE: 11 /09/2010 REGULAR ( ) PUBLIC HEARING LEG. ( } QUASI -JD ( } CONSENT (X) PRESENTED BY: Barbara Guettler MSBU Assistant PREVIOUS ACTION. NIA RECOMMENDATION: Board authorization to advertise 10 public hearings to consider use of the uniform method of collection special assessments to be held at the Board's regular day meeting on December 14, 2010, as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5•0 Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) u OMB Director ( ) Budget Analyst v �/ Daniel McIntyre Marie Gouln iL Originating Dept. ( ) _ County Engineer ( ) IT Don ld West Michael Powley Department Name if ►► NCT, D1" -11,1RX11- i TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Directo� FROM: Barbara Guettler, MSBU Assistant Engineering DATE: November 9, 2010 SUBJECT: Special Assessment Notice of Intent for 2011 ITEM NO. VI-C2 Background: One of the funding methods available for the capital improvements and essential services listed below is through non -ad valorem special assessments levied on specially-benefrtted properties within the proposed special assessment districts and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt resolutions expressing its intent to use the uniform method commencing in November, 2011. The resolutions must be considered at a duly advertised public hearing held prior to January 1, 2011. The resolutions, which will be provided before the public hearing, do 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. The Board is considering the creation of the following special assessment districts: 1. Canoe Creek MSBU - proposed - potable water/fire protection 2. Kings/Indrio MSBU - proposed - roadway widening 3. Lakewood Park 2 MSBU - proposed - potable water/fire protection 4. Lakewood Park 3 MSBU - proposed - flood protection enhancement 5. Rainbow Drive 1 MSBU - proposed - potable water/fire protection 6. Rainbow Drive 2 MSBU - proposed - wastewater 7. River Hammock MSBU - proposed - potable water/fire protection 8. South Hutchinson Island Beach Restoration MSBU - proposed - beach restoration 9. Towns Villages and Countryside - proposed — infrastructure 10. Energy Conservation/Renewable Energy MSBU — proposed -- energy efficient improvements Recommendation: Board authorization to advertise 10 public hearings to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on December 14, 2010, as outlined in this agenda memorandum. TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport ITEM NO. VI-D1 DATE: 11/09/10 REGULAR ( ) PUBLIC HEARING { } LEG. { ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Todd A. Cox Z.. Airport Manager LPA Work Authorization No. 31, 150 Acre Wetland Mitigation Area Maintenance Project. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4210-531000-400 — Professional Services. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of LPA Group Work Authorization No. 31 to provide consultant services for the Runway 10L128R 150 Acre Wetland Mitigation Area Maintenance Project, for a lump sum amount of $76,084, and authorization for the Chairman to sign documents as approved by the County Attorney, COMMISSION ACTION: APPROVED ( } DENIED { ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator CoordinationlSgnatures, County Attorney ( ) OMB Director 1I Budget Analyst Daniel S. McIntyre a Purchasing ERD -t3e�i ree-iat�aatfle-- Melissa Simberlund Originating Dept. ( ) _ (a& — Mark Satterlee (19�A /4,4C Marie Gouin Patty Marston MEMORANDUM T0: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Direc 6e FROM: Todd A. Cox, CM, Airport Manager DATE: November 9, 2010 SUBJECT: LPA Work Authorization No. 31, 150 Acre Wetland Mitigation Area Maintenance Project ITEM NO. VI-D1 Background: This work authorization provides consultant services and associated maintenance and monitoring activities related to the Runway 1 OL128R 150 Acre Wetland Mitigation Area Maintenance Project. Completion of the third year of the project ensures South Florida Water Management District (SFWMD), Army Corps of Engineers (ACOE), and the US Fish and Wildlife Service (FWS) permit compliance through the end of FY 2011. In order to construct the new runway and taxiway, the permitting processes with the South Florida Water Management District (SFWMD), Army Corps of Engineers (ACOE), and the US Fish and Wildlife Service (FWS) required that over 150 acres of land be set aside for mitigation of impacted wetlands and protected species. The SFWMD 120 acre area includes a gopher tortoise relocation area and a scrub jay mitigation area, and must be continuously maintained. The ALOE also required the exotic removal and a five year maintenance program on a 29.88 acre parcel located immediately to the south of the 120 acre site as part of the runway and taxiway mitigation, Semi-annual monitoring reports are also required to document improvements made for wetland mitigation and for protected species. Based on the maintenance plan, the next maintenance and monitoring event is scheduled for November 2010, with the SFWMD and ACOE site inspection scheduled for December 2010. Failure to comply with SFWMD and ACOE requirements can result in the County receiving a Notice of Non-compliance from those agencies. Previous Actions: • July 8, 2008 - LPA Work Authorization No. 11 for initial exotics removal. • September 16, 2008 - LPA Work Authorization No. 13 for 150 acre mitigation enhancements. • February 3, 2009 - LPA Work Authorization No. 16 for Year 1 maintenance & monitoring requirements. • September 15, 2009 - LPA Work Authorization No. 23 for Year 2 maintenance & monitoring requirements. Recommendation: Board approval of LPA Group Work Authorization No. 31 to provide consultant services for the Runway 10L128R 150 Acre Wetland Mitigation Area Maintenance Project, for a lump sure amount of $76,084, and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-D2 11/09/10 AGENDA REQUEST REGULAR ( } PUBLIC HEARING ( } LEG. ( ) QUASI -JD { ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Planning & Development Services Todd A. Cox St. Lucie County International Airport Airport Manac Ter SUBJECT: Resolution No. 10-280, Terminal and Customs Facility Renovations (Phase 1) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4220-563000-4804 — Infrastructure (pending BOCC approval) 362-9910-599330-800 — Project Reserve (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Resolution No. 10-280 accepting the FDOT Joint Participation Agreement in the amount of $1,974,000 for the Terminal and Customs Facility Renovations (Phase 1), and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (X/) APPROVED ( ) DENIED ( ) OTHER County Attorney ( ) Purchasing { ) Approved 5-0 W CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel S. McIntyre �� Desiree Cimino Melissa i erlund Originating Dept. ( ) Mark Satterlee l- Marie GouinGouin Patty Marston MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Dire a4— y FROM: Todd A. Cox, CM, Airport Manage DATE, November 9, 2010 SUBJECT: Resolution No. 10-280, Terminal and Customs Facility Renovations (Phase 1) ITEM NO. VI-D2 Background: This project, as approved under the FY 2011 Capital Improvement Program, consists of modernizing the existing airport terminal and the Customs and Border Protection (CBP) Facility located on the Airport. Key to the modernization will be the installation of renewable energy alternatives and implementation of green building standards. Funds are available in the Airport Local Match reserve account for this project. During the FY11 Strategic Planning Sessions, staff presented a sustainability plan for the Airport budget that included the option to cancel the terminal project and use the local match funds to reduce the projected 1=Y11 shortfall of $162,000, The Board discussed the project and gave direction to leave the project in the budget and continue to work towards reducing its budget shortfall. Through additional budget savings and reductions, current projections indicate that the Airport may not have a deficit. The present airport terminal was built in the 1960s and needs to be modernized to reduce utility and maintenance costs associated with the age of the building. Additionally, in March 2009, the Board directed staff to proceed with obtaining a grant for terminal renovations design in anticipation of possible commercial service to the Bahamas. In September 2009, The Tourist Development Council (TDC) unanimously supported the use of $100,000 in TDC funds towards the renovation of the terminal citing that the proposed improvements to the terminal would help promote and advertise tourism activity in St. Lucie County. In October 2009, the Board approved the use of TDC capital funds as part of the match for the renovations of the Airport terminal. The existing CBP was built in the 1980s, This facility and its associated operations have grown over the last 30 years to include processing of all commercial and private vessels entering the Part of Fort Pierce, commercial truck processing, and overseas passenger processing at the airport. The CBP facility was also an integral part of the processing of inbound passengers and vessels during the 2009 Haiti relief missions conducted at the airport. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning & Development Services St. Lucie County International Airport ITEM NO. VI-D3 DATE: 1 1 109h10 REGULAR { PUBLIC HEARING LEG. QUASWD CONSENT ( X ) PRESENTED BY: Todd A. Cox& Airport Manager SUBJECT: Resolution No. 10-281, Terminal and Customs Apron Rehabilitation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4220-563000-4804 -- Infrastructure (pending BOCC approval) PREVIOUS ACTION: None. RECOMMENDATION., Board approval of Resolution No. 10-281 accepting the FDOT Joint Participation Agreement in the amount of $808,000 for the Terminal and Customs Apron Rehabilitation project, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: { APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA . Approved 5-0 County Administrator Coord i nation/Sin natures County Attorney ( } OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin weaper-g Patty Marston Purchasing ( ? Desiree Cimino Meliss berlund Originating Dept. ( ) Mark Satterlee ERD ( } AIRPORT TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director FROM: Todd A. Cox, CM, Airport Manager DATE: November 9, 2010 SUBJECT: Resolution No. 10-281, Terminal and Customs Apron Rehabilitation ITEM NO. VI-D3 Background:, This project, as approved under the FY 2011 Capital Improvement Program, is a companion project to the Terminal and Customs Renovations project and consists of the milling and overlay of approximately 185,000 square feet of the apron areas located next to the Terminal and Customs buildings. These aprons were last resurfaced in 1980 and the pavement has reached its useful life. In October 2007, a pavement inspection was conducted by the Florida Department of Transportation (FDOT). The inspection results showed that apron areas were in fair to poor condition. Additionally, the drainage structures located within the apron areas are failing and portions of the aprons retain an inordinate amount of water during all weather -related events. The attached Resolution authorizing Board acceptance of the Joint Participation Agreement is for the 80% match of the FDOT grant in the amount of $808,000, with a local match amount of $202,000 for a total project amount of $1,010,000. Funds are available via the Airport local Match reserve account for this project. Recommendation: Board approval of Resolution No. 10-281 accepting the FDOT Joint Participation Agreement in the amount of $808,000 for the Terminal and Customs Apron Rehabilitation project, and authorization for the Chairman to sign documents as approved by the County Attorney. OCT-20-2010 02:23P FROl'I: 1'00 94822117 P. ! ITEM NO. VI — DATE. 111091201a ime AGENDA REQUEST REGULAR ( � PUBLIC HEARING ( ) LEG. ( � QUASI -JD CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED Ken J. Mas SUi3ty I TED ! 1Y: St. Lucy County Sheriffs Office, Administration Sheriff SUBJECT: Authorization to accept 2010 State Corninal Alien Assistance rogram (SCAAP) Grant - - in the amount of $178,676.00. BACKGROUND' The St. Lucia County Sherift Office Is requesting authorization to accept the U.S. Depaftent of Justice/Bureau of JGstice Assistance (USDOJISJA) 2010 State Criminal Alien Assistance Program (SCAAP) Grant in the amount of $178,676.00. This grant is a retroactive reimbursement' grant awarded to localities that have incarcerated undocumented criminal aliens. The actual allocations are calculated by BJA based on the number of detained aliens in that facility in the past year. No match required. FUNDS AVAILABLE: 107171-2110-331233-2€i0 PREVIOUS ACTION: N/A RECC311 ME ATION: Staff recommends that the hoard of county Ccrnmissioners approve resolution No. 10.239 and authorize the acceptance of the 2010 State Criminal Alien Assistance Grant in the amount of $178,676,00. COMMISSIONACTION CC?NCURRENCE:. (>Q APPROVED ( ) DENIED OTHER Approved 5.0 Faye W. Outlaw, MPA county Administrator .Coo rdln is 1 neat ras County Attorney E ) � OMB Director { )L4— G budget Analyst — Dan Malntyre Maria Gouln Sophia Holt Originating Dept ( ) ERC ( ) (Name} (Dame) OCT-20-2010 02 a 23F FPD(I. TO: 94EZ'21 1 r P. 2 St. Lucie County Sheriff's Office TO: Board of County Commissions FROM: Ken J. Mascara, Sheriff St. Lucia County Sheriff` e, Administration DATE: Tuesday, November 9, 200 SUBJECT: Authorization to accept 2010 State Criminal Alien Assistance Program (SCAAP) Grant In the amount of $178,676.00, ITEM NO. VI -- E Rackaround: The St. Lucie County Sheriffs Office Is requesting authorization tc accept the U1 S. Cepartrnarst of Justice/Bureau of Justice Assistance (USD0XBJA) 2010 State Criminal Alien Assistance Program (SCAAP) Grant in the amount of $178,676.00. This grant is a retroactive reimbursement grant awarded to localities that have incarcerated undocumented criminal aliens. The actual allocations are calculated by BJA based on the number of detained aliens in that facility in time past year. No match required. ecca me ftt n Staff recommends that the Board of County Commissioners approve resolution No. 10.289 and authorize the acceptance of the 2010 State Criminal Allen Assistance Grant in the amount of $178,676.00, W SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS St. Lucie County Sheriff's Office ITEM NO. VI-E2 DATE: 11/09/10 REGULAR ( ) PUBLIC HEARING ( } LEG. { ) QUASWD { ) CONSENT ( X ) PRESENTED BY: Toby Long '�ff r 1, bapn Director of Finance Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of $38,307.40 for budget year 2010. The monies will be used for complex and protracted investigations, as well as Crime Prevention and School Resource Deputy expenditures. See Attachment FUNDS AVAILABLE: Law Enforcement Trust (L.E.T.) Funs! — 620-2110-591000-200 PREVIOUS ACTION: NIA RECOMMENDATION: Board approval of the Sheriff's budget amendment and transfer of funds in the amount of $38,307.40 is recommended for FY 2009-2010. COMMISSION ACTION: APPROVED ( ) OTHER ( ) DENIED Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) �r,- OMB Director Budget Analyst Name t- r. C� Originating Dept. ( ) (Name) ERD ( ) sui4Name) (Name) ScpV.a J4z (Name) R� 4.1jimif f KEN J. MASCARA, 4700 West Midway Road, Fort Pierce, Florida 34981 QC1 E C0_ TO: Board of County Commissioners THROUGH: Sheriff Ken J. Mascara FROM: The St, Lucie County Sheriff's Office DATE: 11 /09/10 a Member National Sheriffs` Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-585' SUBJECT: Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of $38,307.40 for budget year 2010. ITEM NO. VI-E2 Back -ground: The monies will be used for complex and protracted investigations, as well as Crime Prevention and School Resource Deputy expenditures. See Attachment, Recommendation Board approval of the Sheriff's budget amendment and transfer of funds in the amount of $38,307.40 is recommended for FY 2009-2010. AGENDA REQUEST ITEM NO. VI-E3 DATE: 11 /09/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: �r Toby Long W -t'OY !_ SUBMITTED BY: St. Lucie County Sheriff's Office Director of Finan SUBJECT: Budget Amendment for Miscellaneous Income for budget year 2010. BACKGROUND: Annually at this time of year, the Sheriff submits a budget amendment to reconcile actual miscellaneous revenues received with budgeted amounts. No additional funds are being requested. FUNDS AVAILABLE: 001-8191-599043-800 Sheriff Correction/Detention 107-8191-599042-800 Sheriff Law Enforcement 107-8191-599043-800 Sheriff Correction/Detention 107-711-599040-6000 Sheriff Courthouse Security PREVIOUS ACTION: NIA RECOMMENDATION: Board approval of the Sheriff's request for a budget amendment to increase the budget for miscellaneous revenues by $50,000 is recommended for FY 2009- 2010, COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney ( ) Originating Dept. ( ) (Name) (Name) CONCURRENCE: Faye K Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst F4M V Marie Gouin Sophia Holt (Name) �mi KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 E R I p ' fi "� Member National Sheriffs' Association Member Florida Sheriffs` Association Telephone., (772) 461-7300 • Fax: (772) 489-5851 e � el i E C-0 TO: Board of County Commissioners THROUGH: Sheriff Ken J. Mascara FROM: The St. Lucie County rlff's Office DATE: November 9, 2010 SUBJECT: Budget Amendment for Miscellaneous Income for budget year 2010 ITEM NO. VI-E3 Background: Annually at this time of year, the Sheriff submits a budget amendment to reconcile actual miscellaneous revenues received with budgeted amounts. No additional funds are being requested. Recommendation Board approval of the Sheriff's request for a budget amendment to increase the budget for miscellaneous revenues by $50,000 is recommended for FY 2009-2010. AGENDA REQUEST ITEM NO. VI-F I DATE: 11/09/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( j 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 HIV Medications Invoice for September, 2010 BACKGROUND: See attached memorandum. FUNDSAVAILABLE. 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization for payment of Prison Health Services invoice number PHS0008357 for HIV medications for the period of September 01, 2010 through September 30, 2010, in the amount of $37,806.16. COMMISSION ACTION: ( APPROVED { ) DENIED { ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sig natures County Attorney (X) OMB Director ( X ) Budget Analyst (Daniel S. McIntyre) Originating Dept. ( X ) p� ERD ( } (UjHlliam Hoeffner) - — ; m� (Marie Gouin) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Interim Human Resources Director 0111 FROM: Daniel J. Lutzke, Risk Manager 1E) DATE: November 9, 2010 SUBJECT: Prison Health Services Inmate HIV Medications Invoice for September, 2010 ITEM NO. VI-F Background: Prison Health Services (OHS) acts as a third party administrator for St. Lucie County jail inmate health care and manages, administers and pays for inmate HIV medications and off -site services from medical providers. PHS has submitted Invoice Number PHS0008357 (Attachment A) in the amount of $37,806.16 requesting reimbursement from the County for September 2010 inmate HIV medication costs in accordance with Florida Statute F.S. 901.35 which states that the medical services provider shall be reimbursed from the general fund of the County when no other source of payment is available. Previous Action: December 22, 2009 -- BOCC payment approval of October HIV Medication Invoice of $48,681.27 January 12, 2010 — BOCC payment approval of November HIV Medication Invoice of $46,354.62 February 9, 2010 — BOCC payment approval of December HIV Medication Invoice of $52,723.34 March 9, 2010 — BOCC payment approval of January HIV Medication Invoice of $39,082.06 April 13, 2010 — BOCC payment approval of February HIV Medication Invoice of $29,967.90 May 18, 2010 -- BOCC payment approval of March HIV Medication Invoice of $21,059.86 June 8, 2010 — BOCC payment approval of April HIV Medication Invoice of $50,668.82 July 20, 2010 — BOCC payment approval of May HIV Medication Invoice of $42,017.77 August 24, 2010 — BOCC payment approval of June HIV Medication Invoice of $32,377.83 September 21, 2010 — BOCC approval of July HIV Medication Invoice of $38,484.90 October 12, 2010 -- BOCC approval of August HIV Medication Invoice of $36,133.47 November 9, 2010--Pending BOCC approval of the September HIV Medication Invoice of $37,806.16 Final Inmate HIV Medication Cost FY to Date: $475,358.00 Recommendation Board authorization for payment of Prison Health Services invoice number PHS0008357 for HIV medications for the period of September 01, 2010 through September 30, 2010, in the amount of $37,806.16. REVIS ED ITEM NO. VI-F2 DATE: 11 /09/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Wayne Teegardin SUBMITTED BY: Human Resources Safety Manager SUBJECT: Purchase of X-ray machine for Employee & Family Health Center BACKGROUND: See attached memorandum FUNDS AVAILABLE: 505-1930-564000-6907 PREVIOUS ACTION: Board approval of Employee & Family Health Center RECOMMENDATION: Staff recommends transfer of $81,556 from the Central Services Employee & Family Health Center building account to the Employee & Family Health Center equipment account and approval of Equipment Request # 11-014 to authorize purchase of an X-ray Machine in the amount of $81,556 COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) �._ Budget Analyst �(aniel S. McIntyre) Originating Dept. ( ) ERD ( ) ( ill Haeffner) Ili W? (Marie Gouin) (Name) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Housing and Community Services/Housing SUBJECT: Contract Termination BACKGROUND: See attached memorandum. ITEM NO. VI-G1 DATE: 11/09/10 REGULAR ( ) PUBLIC HEARING 4 ) LEG. ( } QUASI -JD ( } CONSENT (X ) PRESENTED B Jessica Parn Housing M age FUNDS AVAILABLE: 001113-5420-583000-500 CDBG Supplemental Disaster Recovery 001509-5420-583000-500 Small Cities CDBG PREVIOUS ACTION: May 11, 2010 — Board approved bid award. RECOMMENDATION. Board approval to terminate the balance of contract CIO-05-207 with S & V American Contractors, Inc., execute a new contract with JJ's Design and Construction, 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 CONCURRENCE: Faye W. Outlaw, MPA County Administrator .Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( ) -' Beth Ryder Marie Gouin Sophia Holt Housing and Community Services s W63 THOUGH: Board of County Commissio rs Beth Ryder, Director6 i FROM: Jessica Parrish, Housing DATE: November 9, 2010 SUBJECT: Contract Termination ITEM! NO. VI — G1 Background: On May 11, 2010, the Board approved the bid award to S & V American Contractors, Inc. The Notice to Proceed was issued on May 19, 2010 and the contractor commenced work. On October 25, 2010, staff received a letter from the homeowner, Ms. Pamela Sanders, requesting her contract with S & V American Contractors, Inc. be cancelled due to time delays and stress. Staff has mediated interactions between the homeowner and the contractor in an effort to reach an amicable agreement, without success. S & V American Contractors, Inc. will be paid for all work completed to date. A new contract with JJ's Design and Construction will be executed for the remaining work to complete the project. JJ's Design and Construction was the second lowest bidder for this project. Recommendation Board approval to terminate the balance of contract C10-05-207 with S & V American Contractors, Inc., execute a new contract with JJ's Design and Construction, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Letter from Homeowner Bid Tabulation TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Housing and Community Services/Housing HOME Investment Partnership Program See attached memorandum. ITEM NO, VI-G2 DATE: 11 /09/10 REGULAR ( } PUBLIC HEARING ( ] LEG. ( ] QUASI -JD ( ] CONSENT (X ) PRESENTED B Jessica Parrish Housing Ma ger 189103-5420-331510-500 — FY 10 HOME Consortium November 20, 2007 —1=Y 07 HOME Agreement approved. November 25, 2008 — FY 08 HOME Agreement approved. November 24, 2009 — FY 09 HOME Agreement approved. RECOMMENDATION: Board acceptance of the FY 10 grant agreement with HUD for the HOME Investment Partnership Program, approval of Budget Resolution No. 10-293, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED OTHER ---"� — — Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Sianatures County Attorney ( )1 OMB Director Budget Analyst 1 Y 1 Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) Beth Ryder Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director""-�-'/�- FROM: Jessica Parrish, Housing Manage DATE: November 9, 2010 SUBJECT: HOME Investment Partnership Program ITEM NO. VI - G2 Background: HOME is the largest Federal block grant provided to State and local governments designed exclusively to create affordable housing for low-income households. Each year approximately $2 billion is allocated among the states and hundreds of localities nationwide. Participating Jurisdictions (PJs) must provide a 25 percent (25%) match from nonfederal sources. Match funds may include: • donated materials or labor; • the value of donated property; • proceeds from bond financing; and • other resources. PJs must reserve at least 15 percent of their allocation to fund housing to be owned, developed, or sponsored by experienced, community -driven nonprofit groups designated as Community Housing Development Organizations (CHDOs). PJs must ensure .that HOME -funded housing units remain affordable long term. PJs have two years to commit funds (including reserving funds for CHDOs) arid five years to expend funds. The St. Lucie County HOME Consortium is comprised of Indian River, Martin and St. Lucie Counties. St. Lucie County was designated the lead county by all members in 2006. A total of $710,386 has been allocated to the consortium and will be divided, based on population, as follows: • Administration - $71,038.60; • CHDO Set Aside - $95,902.11; • St. Lucie County - $266,288.19; • Martin County - $141,295.78; and • Indian River County - $135,861.32. The FY 10 Action Plan calls for these funds to be utilized on the rehabilitation of owner occupied homes and down payment assistance to first time homebuyers. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning and Development Services Rezoning Request —William S. Bland See attached memorandum. NIA ITEM NO. VII-A DATE: 1119110 REGULAR ) PUBLIC HEARING (X ) LEG. ( ) QUASI -JD ( X ) CONSENT ( ) PRESENTED BY: Jeffrey Johnson Senior Planner June 17, 2010 - Planning and Zoning Commission recommended the Board approve this petition by a vote of 8-0 (Schrader absent). RECOMMENDATION: Board adoption of Resolution No. 10-104 approving the petition of William S. Bland for a change in zoning from CO (Commercial, Office) to CG (Commercial, General), as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator Coord inationtSig natures County Attorney (X) !�" y County Surveyor { X ) Daniel S. McIntyre Ron Harris County Engineer (X) ERD (X ) Michael Powley Kl Smite 4— Originating Dept. (X) OMB ( ) Mark Satteriee Marie Gouin Purchasing ( ) Melissa Simberlund Planning and Development Services Planning Division MEMORANDUM - TO: Board of County Commissioners THROUGH: Mark Safterlee, AICP, Direct Kara Wood, Planning Manager FROM: Jeffrey Johnson, Senior Planner DATE: November 9, 2010 SUBJECT: Rezoning Request —William S. Bland ITEM NO. VII-A William S. Bland is requesting a change in zoning from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District. The subject .63 acre property is located at 385 East Midway Road at the southeast corner of Midway Road and Star Avenue. The parcel is the subject of a Notice of Violation that was issued on August 26, 2009 by the Code Enforcement Division. The current CO (Commercial, Office) Zoning District does not allow the existing auto repair business as a permitted or conditional use. Mr. Bland has been operating an auto repair business on the subject property without Zoning Compliance since 1990. The proposed CG Zoning District would allow for the abatement of the violation upon the completion of certain improvements (landscaping, parking, buffering, etc.) to the property in order to comply with commercial business requirements and issuance of Zoning Compliance. On May 21, 2010, the applicant held a neighborhood meeting after mailing notice of the meeting to all property owners within 500 feet to inform adjacent property owners of the proposed rezoning. There were no issues or concerns raised by the four (4) area residents that attended this meeting regarding the proposed request At the June 17, 2010 public hearing on this matter, the St. Lucie County Planning and Zoning Commission recommended approval of the requested change in zoning by a vote of 8 to 0 (Barry Schrader was absent). No public comments were made regarding the proposed rezoning. The Planning & Zoning Commission minutes and staff report are attached for your consideration. AGENDA e CC7C�NTY TO: BOARD OF COUNTY COMMISSIONERS ITEM NO, V 11 r b DATE: November 9, 2010 REGULAR[] PUBLIC HEARING [XXI CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT; Ordinance No. 10-032 Library and Law Enforcement Impact Fees BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION This is the first of two public bearings; no action is required at this time. COMMISSION ACTION, CONCURRENCE: [) APPROVED [ DENIED [] OTHER: No action required. Faye W. Outlaw, MPA County Administrator Review and APRrovals County Attorney: i� Management & BudgetPurchasing: Daniel S. McIntyre Originating Dept Public Works Dir: CountyEng. 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.: 10-1419 DATE: October 22, 2010 SUBJECT: Ordinance No. 30-032 - Library and Law Enforcement Impact Fees ww�r+r+r**w*wwrr+r*rrwwww*ww*+rww*+rwww+rwewwwwwwww+rww*wyetirwwwwww*wwwwww*wwwwwrtwwwwwww BACKGROUND: The Board has previously adopted impact fees for libraries through Ordinance No. 00- 002 on May 9, 2000 and law enforcement through Ordinance No. 04-005 on April 6, 2004. Attached is a Technical Memorandum from Dr. James C. Nicholas titled "Methods Used to Update library and Law Enforcement Impact Fees" dated April 5, 2010, which demonstrates a reasonable connection between the need for library and law enforcement improvements to be funded by the County and impact fees collected for libraries and law enforcement and the impacts on libraries and law enforcement generated by development in the incorporated municipalities (cities of Fort Pierce, Port St. Lucie and the Town of St. Lucie Village) and the unincorporated County. Also attached is draft Ordinance No. 10-032 which, if adopted, would implement the proposed increase in impact fees recommended by Dr. Nicholas, On October 21, 2010, the Planning and Zoning Commission by a vote of 7 to 2 recommended approval of the Ordinance updating library and law enforcement impact fees for consideration by the Board. Notice of this public hearing was published in The Tribune on October 23, 2010. RECOMMENDATION/CONCL.USION: This is the first of two public hearings; no action is required at this time. Daniel S. County A DSM/caf Ily submi AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO.ytt-C. DATE: November 9, 2010 REGULAR [] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: Daniel 5. McIntyre County Attorney SUBJECT: Ordinance No. 10-038 - Hours of Sale - Alcoholic Beverages BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOU5 ACTION: RECOMMENDATION: Staff recommends that the Board grant adopt Ordinance No. 10-038 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: APPROVED [' ] DENIED [ ] OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Renew and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: County Env Finance: (Check for copy only, if applicable) E f f, 5/96 INTER -OFFICE MEMORANDUM 6ST. LUCIE COUNTY, FLORIDA MI TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-1368 DATE: October 13, 2010 SUBJECT: Ordinance No. 10-038 - Hours of Sale - Alcoholic Beverages BACKERO_ UND: At the Board's September 28, 2010, informal meeting, the Board requested that the County Attorney draft an ordinance amending the County's regulations pertaining to the hours of sale of alcoholic beverages to make the County's regulations consistent with the regulations adopted by the City of Fort Pierce. In this regard, attached is a copy of draft Ordinance No.10-038 which, if adopted, would prohibit the sale of alcoholic beverages within the unincorporated St. Lucie County between the hours of 2:00 a.m. and 7:00 a.m. each day. Permission to advertise was granted on October 12, 2010 and notice was published on October 25, 2010. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 10-038 and authorize the Chairman to sign the Ordinance. submitted, Daniel S. County A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Utilities Department SUBJECT: Resolution 10-291, Rates, Fees and Charges BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NIA ITEM NO. VII — D DATE: 11 /09/2010 REGULAR ( ) PUBLIC HEARING (X) LEG, ( ) QUASI -JD ( } CONSENT ( } PRESENTED BY: Laurie Waldie Utility Director PREVIOUS ACTION: July 24, 2007 - BOCC approved rate structure for District. RECOMMENDATION: Board adoption of Resolution 10-291 authorizing the adjustment of wastewater and reclaimed water utility rates, fees and charges within the St. Lucie County South Hutchinson Island District Wastewater Utility as outlined in the agenda memorandum and attached exhibit. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X } �; `/` OMB Director { ) Budget Analyst Dan McIntyre Originating Dept. ( X ) ��� � Other ( ) curie Waldiie Utility Department MEMORANDUM TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director O DATE: November 09, 2010 SUBJECT: Resolution 10-291, Rates, Fees and Charges ITEM NO. VII — D Backaround: The proposed adjustments update the St. Lucie County (SLC) Utilities South Hutchinson Island (SHI) District Wastewater Utility miscellaneous charges to be consistent with the rest of the Utility, or the SLC Water and Sewer District, as calculated per the recent rate study and as adopted for the SLC Water and Sewer District on June 1, 2010. The customer account charge is proposed to increase $0.10 per bill per month from $2.30 to $2.40. The monthly SHI wastewater rate will not change but remain at $30.23 per EDU. A new convenience fee of $4.00 per credit card transaction is being charged to recover some of the costs in providing that service. Attachment 1 is a comparison of the current versus proposed rates. Notice of a proposed rate adjustment was included on the bills mailed to all existing St. Lucie County South Hutchinson Island District Wastewater Utility customers and advertised in a local newspaper at least 10 days prior to the public hearing (October 26, 2010). The information on the proposed rates, fees and charges was provided to the Presidents' Council of South Hutchinson Island, and also made available on the Utility website. Staff is requesting approval through this resolution to adopt the adjusted rates effective with November bills. Recommendation Board adoption of Resolution 10-291 authorizing the adjustment of wastewater and reclaimed water utility rates, fees and charges within the St. Lucie County South Hutchinson Island District Wastewater Utility as outlined in the agenda memorandum and attached exhibit. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST USA DATE: 11109/10 REGULAR l PUBLIC HEARING (X) LEG. ( ) QUASI -JD (X) CONSENT ( ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Waite P., - Planning and Development Services Senior Planner Ordinance No. 10-034 - Solar Energy Ordinance See attached memorandum. N/A September 16, 2010 - Planning and Zoning Commission recommended the Board approve this request by a vote of 6-0. October 21, 2010 — BOCC held the first public hearing on Ordinance No. 10-034. RECOMMENDATION: Board adoption of Ordinance No. 10-034 approving the Solar Energy Ordinance, as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED { } DENIED { } OTHER Approved 5.0 Motion to approve as amended. County Attorney (X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator "+ Coordination/Signatures County Surveyor Daniel S. McIntyre County Engineer ( X ) ERD Michael Powley Originating Dept. ( X ) OMB Mark Satterlee Purchasing ( ) Melissa Simberlund (X ) r �1-1/ Ron Harris (X) Ka n Smith Marie Gouin Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners ire THROUGH: Mark Satterlee, AICP, Planning and Development Services Directo(-'-. Kara Wood, Planning Manager FROM: Diana Waite, AICP, Senior Planner DATE: November 9, 2010 SUBJECT: Ordinance No. 10-034 - Solar Energy Ordinance ITEM NO. VII-E Backaround: On October 21, 2010, the Board held the first of two required public hearings for the proposed Solar Energy Ordinance. At that hearing, the Commissioners asked staff to provide additional information and to revise certain provisions in the draft ordinance. As requested, a copy of the revised ordinance was sent to Peter Merritt at the Treasure Coast Regional Planning Council, solar industry professionals and surrounding local government staff for review. To date, comments have been received from the City of Fort Pierce's Planning Director, David Carlin, Rand Eckhart with Energy Structures & Systems, Inc., and Anne Cox, Asst. Planning Director for the City of Port St. Lucie. Mr. Eckhart, replied that the ordinance is good beginning but may as time goes on, need refined. The City of Port St. Lucie had no comments. Based upon Mr. Carlin's concerns, County staff has reconsidered the requirement that solar energy systems be listed as a conditional use in the RIC (Residential, Conservation 1 du/5 acres) Zoning District, rather than an accessory use as provided for in all other zoning districts. Given that a solar energy system is accessory to the principal use of the property and that the solar units may be placed on rooftops, with no impacts to the native habitat, staff recommends the requirement for a conditional use be deleted. If a ground or pole mounted system is proposed, the installation would be subject to the County's resource protection standards. Staff would note that the uses in this zoning district are limited to a single family home, a family day care home, or a family residential home. The only conditional use allowed in the RIC Zoning District is a telecommunication tower. Another question that arose during the development of this ordinance regards standards that apply to products and equipment installed on property. The Florida Solar Energy Center (FSEC) is charged by the Florida legislature with developing guidelines and standards for equipment in the state. FSEC is one of the nation's leading certification and testing laboratories for solar products and equipment. The standards developed by FSEC are incorporated by reference in rules (Rules 6C7-8.006 through 6C7-8.010) published in the Florida Administrative Code. The Florida Solar Energy Center offers certification and testing services for both photovoltaic and solar thermal devices. All solar energy systems manufactured or sold in the state must meet the standards established by the center. No permits for the installation of the system are issued until verification of the FSEC certification. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department ITEM NO. mr REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Linda Pendarvis Planner VII -F 11 /09/10 SUBJECT: Conditional Use Permit — PJ Development, LLC Telecommunication Tower BACKGROUND: See the attached memorandum. FUNDS AVAILABLE: NIA PREVIOUS ACTION: October 21, 2010 — Planning and Zoning Commission recommended approval of the Conditional Use Permit. RECOMMENDATION: Board adoption of Resolution No. 10-109 approving the request for a Conditional Use Permit as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED OTHER Approved 5-0 Faye W. Outlaw, MPA �� County Administrator County Attorney ( X ) Coordination/Sicanatures County Surveyor Daniel S. McIntyre County Engineer ( X) _ ERD Michael Powley Originating Dept. (X ) _* Mark Satterlee (X) A61 Ron Harris t (X) ,, Smith .Hearing Date: Tuesday November 9, 2010 File Number CU 620104070 Applicant PJ Development, LLC 7341 Westport Place #A West Palm Bch, FL 33413 772.692.4474 Property Owner Russakis Investments, LLC 8801 Indrio Road Port Pierce, FL 34951- 1615 PropertV ,Location West side of Russakis Rd, approximately 2,900 feet north of Russos Rd. Zoning AG-1 (Agricultural---ldu/ac) Land Use TVC (Towns, Villages and Countryside) Staff Linda Pendarvis Planner pendarvisi@stlucieco.org 772.462,1662 IM�'en ldbN51 U/Ci0 OOJ�Oory � Subject Oroperty ir 1 al ftu sos i l } 4 1 y I G mro P YI O cc lnd�o Rd h € cc �! St luo[e Blvd Y tt dt 6 �I �A PJ Development, LLC Conditional Use Permit Project Description Petition of PJ Development, LLC for a Conditional Use Permit application to allow the construction and operation of a 130-foot monopole telecommunication tower and wireless communication equipment compound in the AG-1 (Agricultural---ldu/ac) Zoning District. Background The applicant is leasing 5,950 (70'X85') square feet of land area of a 4.83 acre parcel for a wireless communication tower and equipment compound. The compound will be a fenced 60'X50' area with a landscape strip around the pe- rimeter. The applicant has submitted a tandem application seeking a waiver from the provisions of Section 7.05.07 paving requirements for roads that ac- cess developments requiring site plan approval. The waiver request will be presented subsequent to the conditional use application on the agenda. 0 AGENDA ITEM No: VII F Previous Action On October 21, 2010, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed Conditional Use Permit. Staff Recommendation Board adoption of draft Resolution No. 10-109 approving the request for a Con- ditional Use Permit as outlined in the agenda memorandum. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Develop- ment Code was placed in the St. Lucie News Tribune, letters were sent to prop- erty owners within 500 feet of the sub- ject property and a sign was placed on the property. Public Input Received One property owner submitted written comments in advance of the Planning and Zoning Commission hearing and also appeared to speak at that meeting. N. km SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning and Development Services Department ITEM NO. VII - G DATE: 11109110 REGULAR PUBLIC HEARING (X) LEG. ( ) QUASI -JD (X) CONSENT ( } PRESENTED BY: Linda Pendarvis ,Q Planner Paving Waiver and Fair Sure Contribution Agreement PJ Development, LLC Telecommunication Tower BACKGROUND: See the attached memorandum. FUNDS AVAILABLE: NIA PREVIOUS ACTION: NIA RECOMMENDATION: Board adoption of Resolution No. 10-266 approving the paving waiver and Fair Share Contribution Agreement 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 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sig natures County Attorney (X) County Surveyor ( X }� Daniel S. McIntyre Ron Harris County Engineer ( X } 14V? ERD ( } Michael Powley Karen Smith Originating Dept. ( X ) MaYk Satterlee AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-H DATE: November 9, 2010 REGULAR[] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT), County Attorney Daniel 5. McIntyre County Attorney SUBJECT Resolution No. 10-297 - Industrial Development Revenue Bonds (Geoplasma St. Lucie LLC Project) BACKGROUND: See attached memorandum =UNDS AVAILABLE - PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 10- 297 and authorize the Chairman to sign the Resolution. COMMISSION ACONCURRENCIT APPROVED [ ] DENIED ---- -- ----- ---� [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Retiew and A royals County Attorney: Management & Budget Purchasing: Daniel 5, McIntyre Mar" G. uin Originating Dept. Solid Waste Mgr.: County Eng.: Ron Roberts Finance: (Check for copy only, if applicable) Eff• 5/96 C01 F L O R 1 0 R.. INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-1481 DATE: November 2, 2010 SUBJECT: Resolution No. 10-297 - Industrial Development Revenue Bonds (Geoplasma - St. Lucie LLC Project) wwtewwwwwww�r,kwrrwwww*w*www**w*w*wwww*ww,�*w�rw*w+�wwwwww*ww***ww+�*www*ww*�r�ew*wwwse BACKGROUNb : Attached to this memorandum is a copy of draft Resolution No. 10-297 which, if adoptedswould approve the issuance of not exceeding $175,000,000 industrial development revenue bonds. The purpose of the bonds would be to f inance the cost of the acquisition, construction, and equipping of a plasma arc gasification facility at the County's Glades Road Landfill site. One hundred thousand dollars ($100,000.00) would be tax-exempt industrial development revenue bonds and $75,000,000 would be taxable industrial revenue bonds. The County would be a "conduit" issuer so that the County would not be obligated to pay the bonds and neither the faith and credit nor the taxing power of the County would be pledged to repay the bonds. Section 147(f) of the Internal Revenue Code of 1986 requires that the Board hold a public hearing before approving the issuance of tax-exempt bonds. Notice of this public hearing was published in the Tribune on October 26, 2010. R COMM ATION/CO CLUSION: Staff recommends that the Board approve Resolution No.10-297 and authorize the Chairman to sign the Resolution, ully submitted, Daniel S. Mc County Atto DSM/caf Attachment El AGENDA REQUEST COUNTY F L O R I D A' TO. BOARD OF COUNTY COMMISSIONERS ITEM NO. VI -I DATE: November 9, 2010 REGULAR[] PUBLIC HEARING (XXI CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5, McIntyre County Attorney SUBJECT; Resolution No. 10-296 - Recovery Zane Facility Bonds (Health -Chem Diagnostic Holdings, LLC Project) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION RECOMMENDATION. Staff recommends that the Board approve Resolution No. 10- 296 and authorize the Chairman to sign the Resolution. COMMISSION AC'l"TON:. CONCURRENCE: APPROVED (] DENIED (j OTHER: —_-------- �"� Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Rpgrovals County Attorney: 'J Management & Budget Purchasing: Daniel S. McIntyre M in Originating bept. P+'DS -Dt r _ County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 .:` : "':"'"; INTER -OFFICE MEMORANDUM ST. 1VCIE COUNTY, FLORIDA i TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-1482 DATE: November 2, 2010 SUBJECT: Resolution No. 10-296 - Recovery Zone Facility Bonds (Health - Chem Diagnostic Holdings, L4C Project) BACKGROUND: Attached to this memorandum is a copy of draft Resolution No. 10-296 which, if adopted, would approve the issuance of not exceeding $32,000,000 recovery zone facility bonds. The purpose of the bonds would be to finance the acquisition, construction and equipping of an approximately 200,000 square foot facility within the County to be used for the manufacturing of medical diagnostics equipment and related products. The County would be a "conduit" issuer so that the County would not be obligated to pay the bonds and neither the faith and credit nor the taxing power of the County would be pledged to repay the bond. Section 147(f) of the Internal Revenue Code of 1986 requires that the Board.hold a public hearing before approving the issuance of tax exempt bonds. Notice of the public hearing was published in the Tribune on October 26, 2010. RECOMMENDATION/CONCLUSION; staff recommends that the Board approve Resolution No.10-296 and authorize the Chairman to sign the Resolution. Daniel S. Mc County Atto DSM/caf Attachment submitted, AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 01 DATE: November 9, 2010 REGULAR [XX] ADDITION PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: St. Lucie County v. T&T Land - Settlement Offer BACKGROUND: See attached memorandum FUNbS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Based on the recommendation of the County's special counsel as set out in his November 8, 2010 letter, the County Attorney recommends that the Board accept the settlement where the parties would stipulate to a Final Judgment in the amount of $1,985,000, exclusive of fees and costs. COMMISSION ACTION: APPROVED [ ] DENIED [ OTHER: Approved 5.0 CONCURRENCE: Faye W, Outlaw, MPA County Administrator Review and Approvals County Attorney: x` Management & Budget Purchasing: Daniel S. 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: Daniell 5, McIntyre, County Attorney C.A. NO.: 10-1489 DATE: November 5, 2010 SUBJECT: St. Lucie County v. TAT Land Settlement Offer 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 5t. Lucie County International Airport. The property owned by T&T is outlined in yellow. The property was needed to clear the line of sight to the Air Traffic Control Tower, for providing additional security and for enhancing airport safety. In addition to adopting Resolution No. 08-314, the Board also authorized staff to make an initial offer of $1,369,750 based on .the 2008 Assessed Value by the 5t. Lucie County Property Appraiser. The property owner did not accept the County's offer and the County was forced to file suit in eminent domain. The County requested the Court to allow the County to obtain possession of the property immediately by issuing an Order of Taking. After negotiation, the parties (T&T Land and the County) entered into a Settlement that agreed to an Order of Taking that allowed the County to take immediate possession of the property with no possibility of an appeal. The parties agreed to establish a "floor" of $1,735,000 for the ultimate compensation, The Judge entered an Agreed Order of Taking on June 18, 2009. A copy of the Order is attached. The County deposited the $1,735,000 into the Court Registry on June 23, 2009 and title passed to the County. The County completed construction of the runway and cleared the trees off the former TAT parcel. The runway is currently in operation.