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HomeMy WebLinkAbout12-21-2010 ~ ~ AGENDA REQUEST ITEM NO. Y(`' ~ ~ i q,` DATE: December 21, 2010 ' ~ , ~ ~ = ~ E~ - ~ REGULAR [ ] • . • - PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mclntyre County Attorney SUBIECT: Resolution No. 10-317 -"AGRICULTURAL AND LABOR PROGRAM, INC. 43RD ANNIVERSARY DAY". BACKGROUND: Twila Smith, Operations & Quality Director with The Agricultural and Labor Program, Inc., has requested that this Board proclaim January 22, 2011 as "AGRICULTURAL AND LABOR PROGRAM, INC. 43RD ANNIVERSARY DAY" in St. Lucie County, Florida. The attached Resolution No.10-317 has been drafted forthat purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-317 as drafted. COMMISSION ACTION: CONCURRENCE: J~ APPROVED [ J DENIED ~ ~ [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals ~ [X] County Attorney: Daniel S. Mclntyre ~ RESOLUTION NO. 10-317 A RESOLUTION PROCLAIMING 1ANUARY 22, 2011, AS "THE AGRICULTURAL AND LABOR PROGRAM, INC. 43`a ANNIVERSARY DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Agricultural and Labor Program, Inc. (ALPI) is a private, non-profit, community based organization that has been helping people and changing lives since 1968. 2. The ALPI is based on five underlying principles that guide all its activities: a. Involvement of People b. Emphasis on long-term accomplishment rather than promises c. Assurance of economic viability d. Emphasis on self-help e. A sound integrated total systems approach 3. ARRA Early Head Start Expansion Project in St. Lucie and Polk Counties expanded slots to provide services to an additional 100 infants, toddlers and pregnant women. The ALPI provided Head Start/Early Head Start and Child Development Senrice to 835 families annually in partnership with city and county government, public schools, the United Way, and Early Learning Coalitions. 4. The ALPI provides Community and Family Support Services to 11,000 families annualty through Low Income Home EnergyAssistance, CSBG, USDAChild Care Program, DOE Farm workerTraining and Emergency5ervices, HUD Housing Counseling, Farm workerAffordable Housing, Child Care, Before and After School Care. 5. CSBG/ARRA enrolled 607 individuals into family self-sufficiency program and the regular CSBG enrolled another 193. A total of ten jobs were created as well as 200 summer job opportunities for youth. 6. Voluntary Pre-Kindergarten services were expanded in St. Lucie and Polk Counties to serve more than 325 children. 7. Child Care Food and Nutrition services were provided to 351, 650 pre-school and school age children. 8. LIHEAP services were expanded to provide assistance to a total of 14,812 families (i.e. Collier, Glades, Hardee, Hendry, Highlands, Martin, Polk & St. Lucie Counties). 9. Mitigation services were provided to 14 clients in various stages of foreclosure often resulting in modifications to their mortgages. An additional 50 clients were provided HUD Housing Counseling services. 10. Full-time employment opportunitieswere maintained to 225 employees in Highlands, Polk, St. Lucie and Volusia Counties. ~ / ~ ~s. w ; AGENDA REQUEST ITEM NO. VI-B-2 ~ . ~ Date : December 21, 2010 Regular [ ] Public Hearing [ J Consent[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistnnt County Attorney SUBJECT: Special Olympics St. Lucie County - Revised Grant Agreement BACKGROUND: See C.A. No. 10-1613 FUNDS AVAIL.(Stnte type & No. of trnnsaction or N/A): Account No. 001009-6900-582000-600 RECOMMENDATION: Stnff recommends that the Board of County Commissioners approve the revised grant agreement with Special Olympics St. Lucie County, und authorize the Chctirmnn to sign the agreement. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: G~ i Approved 5-0 FQye W. Outlaw, M.P.A. County Administrator Coordinntion/Si gnatures County Attorney: Mgt. & Bud et~ Purchasin : g 9 Da McInt~Y~~ Marie Gouin Originating Dept.: 6rowth Mgmt: Other : ~ ~ Beth Ryder Debrn Brisson Finance (Check for Copy only, if applicable): ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Bonrd of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-1613 DATE: December 9, 2010 SUBJECT: Special Olympics St. Lucie County - Revised Grant Agreement BACKGROUND: Attached to this memorandum is a copy of n revised grnnt agreement with Special Olympics St. Lucie County. On October 12, 2010, the Board of County Commissioners approved a grant agreement in the amount of $32,178.00 to Special Olympics for its programs in St. Lucie County. Following that approval, the agreement was revised to permit Specinl Olympics to use office space, including relctted furniture, equipment, and utilities, as well as Pnrks and Recreation vans to transport athletes nnd volunteers. Speciul Olympics will coordinate use of the van with the Parks and Recrention Director or her designee and will be responsible for fuel costs related to its use of the van. RECOMMEN D ATION/CONCLUSION : Staff recommends thut the Board of County Commissioners approve the revised grant agreement with Special Olympics St. Lucie County, and authorize the Chuirmnn to sign the ngreement. Respectfully submitted, Heather Young Assistant County Attorney Attnchment HY/ Copies to: County Administrator Parks nnd Recreation Director Manngement and Budget Director Finnnce Director ~ ` AGENDA REQUEST ITEM NO. VI-B-3 DATE: December 21, 2010 ~ REGULAR [ ] e e • ' ` 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: Contract for Sale and Purchase Second Street Improvement Project Port of Fort Pierce Fishmonger Investors, L.L.C. Parcel ID No. 2403-341-0009-000/4 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds are available in: Port of Fort Pierce 2nd Street Improvements Account No. 140306-4315-561000-46502 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board accept the Contract for Sale and Purchase with Fishmonger Investors, L.L.C., authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: ~ ~PPROVED [ ] DENIED [ ] OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator r~ Review and Approvals x Coun Attorne V~ ty Y: Engineering. [x] Public Works: V'+ ~ Daniel Mclntyre Michael Powley Don Wes i [x] Originating Dept: M~- JoAnn Riley S:WCQ\WP`Janet\Port of Fort Pierce Entrance Road\Fishmonger~Agenda.wpd ~ ~ , ~,t~. - ,:;o~ ~ ~ ~s - AGENDA REQUEST ITEM NO. VI-B-4 ~ • . Date: December 21, 2010 Regular [ ] Public Henring [ ] Consent[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Sea Oats Subdivision - Request for Authorization to File Suit to Determine the Appropriate Disbursement of Security Deposit under Subdivision Improvements Agreement with Crimson 6roup, LLC BACKGROUND: See C.A. No. 10-1623 FUNDS AVAIL.(Stnte type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners nuthorize the County Attorney to file suit to determine the appropriate disbursement of the security deposit under the Subdivision Improvement Agreement with Crimson Group, LLC. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: i- ' Approved 5-0 Faye W. Outlaw, M.P.A. County Administr4tor Coordinntion/Signatures County Attorney: M t. & Bud et: Purchasin : 9 9 9 Dnniel S~,~I;U1c,I ~tyre Originating Dept.: ; 1~N Growth Mgmt: Other : Laurie Waldie Finance (Check for Copy only, if applicuble): ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Henther Young, Assistant County Attorney C.A. NO: 10-1623 DATE: December 15, 2010 SUBJECT: Sea Onts Subdivision - Request for Authorizntion to File Suit to Determine the Appropriate Disbursement of Security Deposit under Subdivision Improvements Agreement with Crimson Group, LLC BACK6ROUND : On October 3, 2003, the County entered into a Subdivision Improvement Agreement with Crimson Group, LLC, for the installation of utility improvements in the Anncostia Subdivision, n/k/a Sen Oats Subdivision, located on South Hutchinson Islnnd. A copy of the agreement is attnched. The ngreement provided for the developer to complete construction of the improvements within twelve (12) months of the date of recording the plat for the pro ject. As security for its obligations under the agreement, the developer was required to provide a security in the amount of twelve thousand and 00/100 dollars ($12,000.00) to be used by the County to construct the improvements in the event the developer fniled to do so within the prescribed period. The plat was recorded on ~ecember 2, 2003. The developer began construction of the improvements, but it did not complete them and apparently nbandoned the pro ject. Earlier in the year, the County was approached by the Sea Oats Owners Association which intended to complete installntion of the utility infrastructure in conjunction with the construction of a home on his lot in the subdivision. On August 28, 2010, the County entered into a Utilities Development Agreement which provided for the County to accept the improvements upon completion. The ngreement also provided for the County to transfer the developer's portion of the security deposit to the Association upon completion of the construction as the Associcttion hnd assumed resp.onsibility for that work. The Association subsequently decided to maintain ownership of. the improvements rnther than turn them over to the County to mannge. Accordingly, staff drafted an amendment to the Utilities Development Agreement which provided for the County to transfer the entire security deposit to the Association upon completion of the improvement. Prior to finalization of the amendment, staff wns contncted by the attorney for the Crimson Group requesting that the security deposit be returned to his client. In light of the two conflicting clnims for the funds, staff is recommending that the County deposit the funds in the court registry and file suit in order for the court to determine the proper disbursement of the funds. ~ ITEM NO. VI-C _ ~ a~~ ~z E,~ r . , ~ ~ ~ =m. ~ DATE: 12/21/10 • . , • AGENDA REQUEST REGULAR ( ) . PUBLIC HEARING ( ) LEG. ( ) QUASI-tJD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMiSSIONERS PRESENTED BY: Don McLam SUBMITTED BY: Parks, Recreation and Facilities Facilities Coordinator County Administration SUBJECT: FEMA Severe Repetitive Loss Program BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001522, 001524, 001525-1930-561000-101601 - SRL Acquisitions 001522, 001526, 001528-1930-583000-100 - SRL General Government PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to: 1. Use County funding on a temporary basis to complete the approved SRL projects as outlined in the agenda memorandum. 2. Discontinue pa?ticipation in the SRL and RL programs upon completion of current approved SRL projects. COMMISSION ACTION: CONCURRENCE: (~j APPROVED ( ) DENIED ( ) . OTHER Approved 4•1 ye ~/N_ Outlaw, MPA Comm. Mowery voting no. County Administrator Coordination/Siqnatures County Attomey ( x) v,~'~ OMB :Director ( x) Budget Analys# . Dan Mclntyre Mane Gouin Robert O'Sullivan Ori"inatin De t;' x V`~" Grants x 9 9, P_ ~ ) ~ ) Debra Brisson Glen enderson H:WGENDA 367 ~ . PARKS, RECREATION ~ . :K~ - AND FACIUTIES . ~ ~ ~ ~ ` + MEMORANDUM TO: Board of County Commissioners FROM: Parks, Recreation 8~ Facilities County Administration DATE: December 21, 2010 SUBJECT: FEMA Severe Repetitive Loss Program ITEM NO. VI-C This item is a request for Board approval to advance County funds for the Severe Repetitive Loss (SRL) Program on the basis of being reimbursed from FEMA and authorization to discontinue participation in the SRL once the current projects are completed. History: The County's participation in the SRL Program dates back to May of 2008. By way of background, the SRL Program is a grant program funded by the Federal Emergency Management Agency (FEMA). It is managed through the Florida Division of Emergency Management (FLDEM) and is intended to mitigate the long-term risk of flood damage to residential properties insured under the National Flood Insurance Program (NFIP). An SRL property is defined as a residential property that is covered under an NFIP flood insurance policy and has at least four NFIP claim payments (including building and contents) over $5,000 each or for which at least two separate claim payments have been made with the cumulative amount of the building portion of such claims exceeding the market value of the structure. They can only apply for the program through their local government (city or county) and not through FEMA or FLDEM. The State is the Applicant and the County is the sub-applicant. There are also other programs for Repetitive Loss (RL) Properties which are defined as ones that have had at least two claims of $1,000 each paid by NFIP over a 10-year period since 1978. Homeowners who qualify for the grant program are notified by FEMA and directed to contact the County to apply. Repetitive Loss (RL) Properties are not covered by the SRL Program. When County staff initially brought this matter to the Board in May of 2008, the SRL Program was designed whereby the homeowners would front the project costs and receive a 90% reimbursement from FEMA. There were ten properties in St. Lucie County considered to be eligible for the SRL Program. County staff submitted eight applications. Six of which have been approved by FEMA and subsequent contracts have been executed between the County and FDEM and between the County and the homeowners, one application is pending and one application was withdrawn at the req uest of the homeowner. The projects costs range from $71,155 for elevation to $411,856 for demolition and acquisition. The remaining two property owners showed no interest in participating in the Program. However one of the prope~ties was sold in September 2009 and the new owner has appeared before the Board and submitted letters to the County and Senator Bill Nelson pushing for inclusion in the Program. ~ ITEM NO. VI-C2 4~..~~~.~~{,~~... . ?S ~ T - DATE: 12/21/10 • ~ ~ ' ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation and Facilities Division Manager SUBJECT: MLK Dreamland Park AiPP Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 665-72101-567000-7310 (Works of Art) PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board approval of the Arts in Public Places (AiPP) Committee recommendation to award the MLK Dreamland Park Interactive Water Feature AiPP project to Tile It of the Treasure Coast, Inc. as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coord i n ation/S iq n atu res OMB -~'r~ County Attomey ( X) p r~-? Budget Analyst ( X) `'~K1 . D ian el Mclntyre Marie Gouin Robert O'Sullivan Originating Dept. ( X ) Purchasing ( ) Debra Brisson r - ~ Parks, Recreation and Facilities • . - . • MEMORANDUM TO: Board of County Commiss~oners THROUGH: Debra Brisson, Director FROM: Mark DiMascio, Division Manager.~-~ DATE: December 21, 2010 SUBJECT: MLK Dreamland Park AiPP Project ITEM NO. VI-C2 Backqround: On July 6, 1999, the Board of County Commissioners (BOCC) approved an ordinance to fund an Art in Public Places (AiPP) Program. On July 14, 2009, BOCC approved the AiPP Annual Plan for 2008 to 2009, which included $50,000 for a project at MLK/Dreamland Park. On July 12, 2010, the AiPP Committee approved the Call to Artists and a Selection Sub-committee for the project. On July 21, 2010, the County issued the Call to Artist. On August 18, 2010 a tour of the project area was held at MLK/Dreamland Park to discuss the project and answer questions from artists interested in submitting a proposal. On October 7, 2010 the AiPP Selection Sub-committee met to review three (3) proposals received by the County. Sub-Committee members were: • James Gibson, Representative of AiPP Committee Member • Desi Faraci, Art Professional and Principal • Rev. John Quarterman, Community Representative • Nick Mims, City of Ft. Pierce Representative • Debra Brisson, Parks, Recreation and Facilities Director After reviewing the three (3) proposals, the AiPP Selection Sub-committee met on December 13, 2010 and voted unanimously to recommend award of the MLK/Dreamland Park Interactive Water Feature AiPP Project to Tile It of the Treasure Coast, Inc. A copy of their written project proposal is attached. On December 16, 2010, the AiPP Committee met and voted unanimously to recommend to the BOCC award of the MLK/Dreamland Park Interactive Water Feature AiPP Project to Tile It of the Treasure Coast, Inc. Recommendation: Board approval of the Arts in Public Places (AiPP) Committee recommendation to award the MLK Dreamland Park Interactive Water Feature AiPP project to Tile It of the Treasure Coast, Inc. as outlined in this agenda memorandum. ITEM NO. VI-D1 ~ _ ~ = ' DATE: 12/21/1 Q ~ AGENDA REQUEST REGULAR ( ) , , - PUBLIC HEARING ( ) LEG. ~ ) QUASI-JD ~ ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Kara Wood SUBMITTED BY: Planning and Development Services Planning Manager Department SUBJECT: Permission to advertise - NC Overlay Zone Land Development Regulations revisions BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 30, 2006 - Board adoption of Ordinance 06-017, NC Overlay Zone Land Development Regulations. RECOMMENDATION: Board authorization to advertise public hearings for Ordinance 11-002, revisions to the NC Overlay Zone Land Development Regulations, as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator iination/Siqnatures County Attorney ( X) County Surveyor . Daniel S. Mclntyre Ron Harris County Engineer ( ) ERD ( ) Michael Powley Karen Smith Originating Dept. ( X ) OMB ( ) Mark Satterlee Marie Gouir~ Purchasing ( ) Melissa Simbe~lund ~ ITEM NO. VI-D2 _ ~ _ . - ~ f J - ' DATE: 12/21/10 ~ ! • , . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY~ Charlotte Lombar SUBMITTED BY: Planning & Development ServiceslTourism Tourism Coordinator SUBJECT: Treasure Coast Sports Commission 2010/2011 15t Contract Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 611-5210-582000-500 Aid to Private Organizations PREVIOUS ACTION: October 13, 2009 - Board approval of the 2009/2010 Treasure Coast Sports Commission Bid Fees and Sponsorships contract in the amount of $150,000 September 28, 2010 - Board approved of the 2010/2011 Treasure Coast Sports Commission Bid Fees and Sponsorships contract in the amount of $75,000 RECOMMENDATION: Board approval of the 15t Amendment to the Treasure Coast Sports Commission (TCSC) 2010/2011 bid fees and sponsorship contract permitting the TCSC to retain $7,703 of unspent monies and authorization for the Chairman to sign the amendment to the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED , ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coord ination/Siq n atures County Attomey ( ) , ~ ^ OMB Director ( ) ~ ~ ~ Budget Analyst ~ ' ~J ~~.i D. Mclntyre/K. Barbieri M. Gouin/P. Marston Originating Dept. ( ) C- ERD ( ) M.Satterlee/C.L bard n/a ~ ~ Planning & Development Services 7y~~1' " ' ir+ r , • • • ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satte~lee, Planning & Development Services Direct~~ FROM: Charlotte Lombard ~ Tourism DATE: December 21, 2010 SUBJECT: Treasure Coast Sports Commission 2010/2011 1St Contract Amendment ITEM NO. VI-D2 Backqround: The Treasure Coast Sports Commission (TCSC) has been promoting tourism in the County by attracting sporting events that provide measurable economic impact to the County since 1999. At the November 10, 2010 Tourist Development Council (TDC) meeting, the TDC unanimously recommended that $7,703 of unspent monies from the 2009/2010 bid fees and sponsorship contract be retained for use in the 2010/2011 bid fees and sponsorship contract (C10-09-474). These funds are generated from the tourist development tax. Total recommended funding to the TCSC for the 2010/2011 bid fees and sponsorship contract is $82,703. $75,000 - Bid fees and sponsorship contract 7 703 - Unspent funds $82,703 - Total Recommendation Board approval of the 15t Amendment to the Treasure Coast Sports Commission (TCSC) 2010/2011 bid fees and sponsorship contract permitting the TCSC to retain $7,703 of unspent monies and authorization for the Chairman to sign the amendment to the contract as prepared by the County Attorney. ITEM NO. VI-E1 r _ DATE: 12/21/10 ~ AGENDA REQUEST REGULAR ( ) • ~ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parris SUBMITTED BY: Housing and Community Services/Housing Housing M ag SUBJECT: HOME Investment Partnership Agreement Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189103-5420-331510-500 - FY 10 HOME Consortium PREVIOUS ACTiON: November 9, 2010 - FY 10 HOME Agreement approved. RECOMMENDATION: Board acceptance of the FY 10 grant agreement amendment for the HOME Investment Partnership Program, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: (>c) APPROVED ( ) DENIED ( ) OTHER ~ Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Siqnatures County Attorney O E~~ OMB Di~ector O ~ ~ ~ Budget Analyst Daniel S. Mclntyre Marie Gouin Sophia Holt Originating Dept. ( ) - r Beth Ryder ~ _ _ Housing and ~ - ~ = = Community Services • ~ ~ ' ' MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manage DATE: December 21, 2010 SUBJECT: HOME Investment Partnership Agreement Amendment ITEM NO. VI - E1 Backqround: HOME is the largest Federal block grant provided to state and local govemments designed exclusively to create affordable housing for low-income households. Each year approximately $2 billion is allocated to states and hundreds of localities nationwide. As of October 1, 2010, all new grant agreements befinreen the United States Department of Housing and Urban Development (HUD) and grantees are required to include award terms established by the Federal Office of Management and Budget (OMB). The award terms set forth uniform requirements for all Federal financial assistance recipients and subrecipients concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database and the Federal Funding Accountability and Transparency Act. On November 9, 2010, the Board approved the FY 10 HOME Agreement generated by HUD. HUD failed to incorporate the new required award terms and has requested an amendment to the approved agreement. The grant agreement amendment is retroactively effective as of October 12, 2010. Recommendation Board acceptance of the FY 10 grant agreement amendment for the HOME Investment Partnership Program, as outlined in the agenda memorandum, and autho~ization for the Chairman to sign documents as approved by the County Attorney. Attachment: Email from HUD FY 10/11 HOME Program Grant Agreement Number M10-DC120234 Amendment r ITEM NO. VI-E2 _ , _ _ ~ ~ ~ = - DATE: 12/21/10 ~ AGENDA REQUEST REGULAR ( ) . • ~ ~ - PUBLIC HEARING ( ) LEG. ( ) QUASI,,JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B• - Jessica PaRis SUBMITTED BY: Housing and Community Services/Housing Housing Ma age SUB_ Budget Resolution 10-320 BACKGROUND: See attacheci memorandum. FUNDS AVAILABLE: 185099-0000-361390-000 - FHFC Repayments PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution 10-320, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ~ ~ ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Sis~natures County Attorney ( ) ~I~~ OMB Director ( ) I/~~ ~ ~ t tu~get Analyst r ~ ~ Daniel S. Mclntyre Marie Gouin Sophia Holt ~ Originating Dept. ( ) ' Beth Ryder ~ Housing and - J~ = = - Community Services • ' ~ ' ' MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director ~;~j ~ FROM: Jessica Parrish, Housing Manag DATE: December 21, 2010 SUBJECT: Budget Resolution 10-320 ITEM NO. VI - EZ Backqround: St. Lucie County allocated Madison Cay, Ltd. $2,000,000 from the Hurricane Housing Recovery (HHR) Program for the construction of an affordable rental development. The $2,000,000 was provided as a mortgage with repayment beginning 24 months after completion, provided there is positive cash flow for the project. According to the HHR Program, these payments are considered program income and must be used on eligible housing activities. In order to utilize these funds, a budget must be created. Recommendation Board approval of Budget Resolution 10-320, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attomey. Attachment: Budget Resolution 10-320 ITEM NO. V~-~.~ ~ - " DATE: 12/21/10 ~ AGENDA REQUEST REGULAR ( ) ~ ~ . _ . _ . 4 _ _ PUBLIC HEARING ( ) LEG. ~ ) QUASI-JD ( ) CONSENT ( X ) Tp: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: - Corine C. Williams SUBMITTED BY: Housing and Community Services/Community Transit Coordinat Services - Transit SUBJECT: Transit Block Grant- Year 2 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130210-4910-334493-400 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Florida Department of Transportation Joint Participation Agreement for the Transit Block Grant; Budget Resolution No.10-319 and First Amendment to Council on Aging of St. Lucie Sub Agreement C10-01-044, 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/Siqnatures ~ Count Attorney O ~ OMB Director O V~ 6 Y ` Daniel S. Mclntyre Budget Analyst Marie Goui Sophia Holt ~ Originating Dept. ( ) Beth yder ~tefanie Myers ~ ~ ~ - - Housing and . ~ Community Services . MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~ ~ FROM: Corine C. Williams, Transit Coordinator DATE: December 21, 2010 SUBJECT: Transit Block Grant - Year 2 ITEM NO. VI-E4 Backqround The State Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. Yearly allocation of grant funds are awarded by Florida Department of Transportation (FDOT) to public transit providers that are eligible to receive funding under the Federal Transit Administration's Sections 5307 and 5311 programs. The allocation is determined based on a state formula that includes the County's population, transit system revenue miles and passenger trips. These funds may be used for eligible capital and operating costs for public transit. This is St. Lucie County's second year of receiving the Transit Block grant allocation from FDOT. The grant allows for total operating assistance in the amount of $926,254. Of this amount, $463,127 will be from FDOT, and $463,127 will be matched from various eligible Federal and local funding sources. Council on Aging of St. Lucie County Inc. (COASL), the local transit provider, is the subrecipient of this transit grant. Recommendation Board approval of the Florida Department of Transportation Joint Participation Agreement for the Transit Block Grant; Budget Resolution No.10-319 and First Amendment to COASL Sub Agreement C10-01-034, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney Attachment: FDOT Agreement Budget Resolution No.10-319 First Amendment to C10-01-034 ITEM NO. VI-E ~ _ ~ _ ~ ~ ~ ~ " ~ DATE: 12/21/10 • ~ . ~ . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) ' QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: , - Corine C. Wiiliams SUBMITTED BY: Housing and Community Services/Community Transit Coordinator Services - Transit SUBJECT: Federal Transit Administration (FTA) 5311 Operations Grant - FY11 BACKGROUND: See attached memorandum. ~ FUNDS AVAILABLE: 130107-4910-331421-400 PREVIOUS ACTION: May 11, 2010- Approved submission of application to Florida Department of ~ Transportation RECOMMENDATION: Board approval of the Florida Department of Transportation Joint Participation Agreement for the FTA 5311 Non-Urbanized Area grant; Budget Resolution No. 10-318 and First Amendment to Council on Aging Sub Agreement C10-01-044, 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 . - ` - - Faye W. Outlaw, MPA Approved 5-0 County Administrator ~ Coordination/Siqnatures County Attomey O ~f OMB Director O m Daniel S. Mclntyre Budget Analyst Marie Gouin Sophia Holt ~-i Originating Dept. ( ) ~ Beth Ryder p„~ Stefanie Myers J~ k _ ~ '''y Housing and ~ Community Services ~ ~ ` ~ • MEMORANDUM 'i TO: Board of County Commissi ners ' THROUGH: Beth Ryder, Director FROM: Corine C. Williams, Transit Coordinator DATE: December 21, 2010 SUBJECT: Federal Transit Administration (FTA) 5311 Operations Grant - FY11 ITEM NO. VI-E5 Backqround The FTA Section 5311 Non-Urbanized Area Formula Program provides Federal operating assistance to eligible recipients who operate/contract public transportation services in rural and small urban areas. This grant provides an annual allocation for up to five years in support of demand response services for residents. Demand-response is a program that provides door-to-door service for residents who cannot access a transit fixed route as a result of a disability. This is St. Lucie County's second allocation under this grant from the Florida Department of Transportation (FDOT). For FY11, the anticipated allocation is $58,497. This grant requires a 50% match. The match will be provided through the Council on Aging of St. Lucie County, Inc. (COASL) transit funds that are generated from various Federal, and local funding sources. COASL, the local transit provider, is the recipient of this transit grant. Recommendation Board approval of the Florida Department of Transportation Joint Participation Agreement for the FTA 5311 Non-Urbanized Area grant; Budget Resolution No.10-318 and First Amendment to COASL Sub Agreement C10-01-044, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: FDOT Agreement Budget Resolution No.10-318 First Amendment to C10-01-044 ~ AGENDA REQUEST ITEM NO. VII-A DATE: December 21, 2010 - ~ ~ ~ ~ - REGULAR I J ~ ~ ~ ~ PUBLIC HEARING [x] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUgJECT: Ordinance No. 10-033 - Providing for Eminent Domain Waivers BACKGROUND: See CA No. 10-1564 PREVIOUS ACTION: On September 16, 2010 and November 18, 2010, the Local Planning Agency/Planning and Zoning Commission held a public hearing an the proposed ordinance. On November 18, 2010, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approvethe proposed ordinance. RECOMMENDATION CONCLUSION: No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 4, 2011 at 6:00 pm or as soon thereafter as may be heard. COMMI5510N ACTION: CONCURRENCE: APPROVED [ ] DENIED _ (XJ OTHER: ~ No Action required at this time. Faye W. Outlaw, MPA County Administrator ' ~ Review and Approvals [X] County Attorney: Daniel5. Mclntyre ~ INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 10-1564 DATE: December 21, 2010 SUBIECT: Ordinance No. 10-033 - Providing for Eminent Domain Waivers Attached to this memorandum is a copy of proposed Ordinance No. 10-033 which would amend the Land Development Code to provide for eminent domain waivers by amending Section 2.00.00 r~Definitions" to include definitions of acquiring authority and eminent domain waiver. It would further amend Chapter 10 to add Section 10.03 "Eminent Domain Waiver" to provide waiver where eminent domain action renders a site non-conforming. This Ordinance came before the Planning & Zoning Commission on September 16, 2010 and November 18, 2010. The Commission recommended that the ordinance be amended to require that the eminent domain waiver be completed before the damage phase of any court proceeding [see attached Commission minutesJ. Staff agrees that in mast situationsthis should transpire, but does not recommend modifying the ordinance to require. The proposed changes are intended to provide a process and more certainty about what is allowed on a site following an eminent domain acquisition. The proposed ordinance will accomplish the following: 1. It outlines three types of parcels in which a waiver would be acceptable. 2. Sets forth a procedure to apply for a waiver. 3. It allows both the property owner and the acquiring authority to apply for a waiver and requires the property owner to be notified if the acquiring authority applies for a waiver. Likewise, it requires notification of the acquiring authority if the property owner applies for a waiver. Both the property owner and the acquiring authority can apply for a waiver so that a third party, County staff, can review it for compliance with the requirements of Land Deveiopment Code. 4. It gives the Board of County Commissioners the power to grant waivers. Nothing in the proposed changes require a property owner to accept or implement a waiver. In fact, a cure plan could be drawn and submitted with an application for a waiver. The waiver AGENDA REQUEST ITEM NO. ~I ~ B - DATE: December 21, 2010 ~ " , = • REGULAR . . PUBLIC HEARING [XX] CONSENT TO: 80ARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Dnniel 5. McIntyre County Attorney SUBJECT: Ordincnc~ No. 10-032 Library and (aw Enforcemcnt Impoct Fecs BACKGROUND: See attached memorandum ~UNQS AVAILABLE~ PREVIOUS ACTION: RECOMMENDATION: Stcff racommcnds thnt the Board odopt Ordincnce No. 10- 032 and authorize the Chairman to sign the Ordinancc. COMMISSION ACTION: CONCURRENCE: APPROVE~ [ ] DENIED ~ ] OTHER: Approved 5-0 Faye W. Outlcw, MPA Motion to continue to 031112011 at 6:OOp.m. or as soon thereafter County Administrntor as possible. Revitw and Aoorovals i County Attorney: Mancgement d Budget Purchnsing: ~aniel 5. McIntyre Originating ~ept. Public Works Dir: County Eng.~ Finance: (Check for copy only, if applicable) Eff. 5/96 ~ ~ ' ~ INTER-OFFICE MEMORAN~UM ~ ^J ^ ST. LUCIE COVNTY, FLORI~A • . TO: Board of County Commissioners FROM: Dnniel 5. McIntyre, County Attorney C.A. NO.: 10-1511 DATE: November 10, 2010 SUBJECT: Ordinance No. 10-032 - Librcry nnd Law E~fio~cement Impoct Feu BACK6ROVND: The Bourd has previously adopted impact fees for libraries through Ordinance No. 00- 002 on May 9, 2000 nnd Icw enforcement through Ordirwnce No. 04-005 on April b, 2004. Attached is n Techniccl Memorandum from ~r. James C. Nicholas titled "Methods Uscd to Update Library and Low Enforcement Impact Fees" dated April 5, 2020, which demonstrates u rensonable connection between the need for library and law enforcement improvements to be funded by the County and impact fees collectcd for libraries and law enforcement nnd the impacts on libraries and law enforcement generated by development in the incorporated municipnlities (cities of Fort Pierce, Port St. Lucie and the Town of St. Lucie Vilinge) 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 cpproval of the Ordir~nce updcting librnry cnd law enforcement impact fees for considerntion by the Board. The first public heuring wns held on November 9, 2020. Notice of this public hearing was published in The Tribune on December 1, 2010. RECOMMEND/ITION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 10-032 and authorize the Chairman to sign the Ordinance. Respec fully submitt d, ~ , -~/f ~ , ~ Daniel 5. McIn re County Attor y, DSM/caf Attcchments ~ ITEM NO. VII-C ~ ~ : ~ ~ ~ DATE: 12/21/10 ~ . - , . " AGENDA REQUEST REGULAR ( ) - - - PUBLIC HEARING ( X ) LEG. ( X ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: - Britton De Witt SUBMITTED BY: Pianning and Development Services Senior Planner Department SUBJECT: Right-of-Way Protection Map BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of proposed Ordinance 10-036 amending the text of the Land Development Code to include the Right-of-Way Protection Map in Section 7.05 03. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED , ( } OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Siqnatures County Attorney ( X j ~ County Surveyor ( X) ~,~j~ DanieE S. Mclr~t}rFe Ron ~Ear ris County Engineer ( X ) ERD ( ) f~lichaet Pov~ley Karen Smith Originating Dept ( X j ~-z~"`,~ OMB ( ) Mark SaTfedee Marie Gouin Purchasing ( ) Melissa Simberlund ~ Planning and Development Services ~ = ~ ; ~ = - = Department ~ - • ~ • ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Pianning & Development Services Director ~ Kara Wood, Pianning Manager j~,~ ~ FROM: Britton De Witt, Senior Planne Planning Division DATE: December 21, 2010 SUBJECT: Right-of-Way Protection Map ITEM NO.: VII-C Backqround: The Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan were adopted by the Board of County Commissioners on October 26, 2010. One of the changes to the Comprehensive Plan was the relocation of the Right-of-Way Protection Map (RWPM) into Section 7.05.03 of the Land Development Code (LDC), "Rights-of-Way Determinations and Dedication, Improvements." The Department of Community Affairs does not require this map to be in the Comprehensive Plan and updates to the data would be more efficient if located in the LDC. This is the second of two required public hearings for this proposed amendment. During the first hearing held on October 19, 2010, the Board requested a change to the map and review by the Transportation Pianning Organization (TPO). The map was updated to show a reduction to the South Causeway A1A lane width from four to two lanes. On December 1, 2010, the TPO unanimously endorsed the relocation of the map from the Comprehensive Pian to the LDC with the condition that the TPO approve subsequent revisions of the map (see attached letter from Peter Buchwald, TPO Director). Attached as Exhibit A to Ordinance 10-036 is a draft updated Right-of-Way Protection Map including revisions made since the first hearing. Proposed roadway updates are highlighted in yellow and proposed deleted segments are marked in pink Included in this package is the material from the October 19`" Board hearing containing further background and details on the proposed amendment. Previous Action: On September 16, 2010, the Planning and Zoning Commission reviewed this proposed text amendment to the LDC and unanimously recommended that it be approved. On October 19, 2010, the Board of County Commissioners reviewed and gave input on this proposed text amendment. On December 1, 2010, the St. Lucie Transportation Planning Organization endorsed the proposed amendment. Recommendation: Board adoption of proposed Ordinance 10-036 amending the text of the Land Development Code to include the Right-of-Way Protection Map in Section 7.05.03. AGENDA REQUEST ITEM NO.~ . . e - . - ~ATE: December 21, 2010 ~ " - • REGULAR [XX] . • . • PUBLIC HEARING [J CONSENT [ J TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: Interlxci Agreement with Port St. Lucie - Solid Wnste BACKGROUN~: See attached memorundum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff racommends that the 8oard npprove the Interlocal Agreemant and authorize the Chcirtnan to sig~ the Agreemcnt. COMMISSION ACTION: CONCURRENCE: (~Q APPROVED [ ] ~ENIED . ~ [ ] OTHER: - Approved 5-0 Faye W. Outlnw, MPA County Administrntor Review and Aoorovals County Attorney~ ~ Management 6 Budget_ f~Purchasing: Demel 5. McIntyre arie Gouin Originating Dept. Public Works Dir: Solid Waste Mgr.: Don est Ron Roberts Finence: (Check for copy only, if applicable) Eff. 5/96 ~ ~ _ ~ ~ - - = INTER-OFFICE MEMOR/INDUM ~ ST. l.UCIE COVNTY, FLORIDA . . TO: Bonrd of County Commissioners FROM: Dnniel 5. McIntyre, County Attorney C.A. NO.: 10-1621 DATE: December 15, 2010 SUBJECT: Inte~local Agreement with Port St. Lucie - Solid Wnste BACK6ROVN~: Attached is n draft Interlocal Ag~eement between the County and the City of Port St. Lucie. Under the terms of the Agreement, the City agrees to deliver all of its municipally collected solid waste to the County's Glodes Road Landfill for n period of ten (10) yenrs frem October 1, 2010. The Agreement will nutomatically renew for en additional ten (10) yenrs upon the mutunl agreerr~ent of both parties. In return, the County would agree to mnintain the current tipping fees for Clnss I Solid Wnste ($41.00 per ton), Yard Trnsh ($26.00 per ton) nnd Construction and Demolition Debris ($29.00 per ton) for the first 5 years of the Agreement unless costs increase due to a change in law or excessive inflution (greater thnn 10% in any one year). The Agreement also provides tfiat the County wi II share net revenues with the City derived f~om the County's sale of recovered mnterials, the County's snle of Inndfill gas, the frnnchise fees collected by the County and the promotional fees pnid to the County by the County's frnnchised hauler. The initial annunl revenue shering payment is $ 240,000.00 The Port St. Lucie City Counci) approved the Interlocnl Agreement on December 13, 2010 by a vote of 5-0.