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HomeMy WebLinkAboutMay 03, 2011 , AGENDA REQUEST ITEM NO. IV-A 4~¢~,i~~;;~~~,~~ ~~~~st,~;: DATE: May 3, 2011 4?: f SF„' a ! REGULAR [x ] . . . .~..:;:Y ,.~~F. ~~.~~.r~, PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mclntyre County Attorney SUBJECT: Resolution No. 11-060 -"National Safe Boating Week" BACKGROUND: Joseph Walsh, Master Chief Petty Officer/Retired, has requested that this Board proclaim the week of May 21, 2011 through May 27, 2011 as "National Safe Boating Week" in St. Lucie County Florida. The attached Resolution No. 11-060 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 11-060 as drafted. COMMISSION ACTION: CONCURRENCE: [~C~ APPROVED [ ] DENIED [ ] OTHER: -.•y---------- ~ Approved 4-0 Faye W. Outlaw, MPA (Comm. Dzadovsky Absent) County Administrator Review and Approvals X Count Attorne : ~l Y Y Daniel S. Mclntyre , RESOLUTION NO. 11-060 A RESOLUTION PROCLAIMING MAY 21, 2011 THROUGH MAY 27, 2011 AS "NATIONAL SAFE BOATING WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Water related recreational activities are vital elements in the lives of Florida's citizens, and the State's 8,426 miles of saltwater tidal coastline, over 3 million acres of inland lakes and 1,700 miles of rivers and streams provide for many of the needed outlets for recreation and relaxation. - - - - 2. Recreational-boating-is fun-and-enjoyable and-F~oridians ar~forturrate-t6-have---------- - sufficient resources to accommodate the wide variety of pleasure boating demands. 3. Our waterways can become crowded at times and be a place of chaos and confusion. While being a marvelous source of recreation, boatin~, to the unprQpared, can be a risky sport. 4. On average, 700 people die each year in boating-related accidents in fihe United States and nearly 70% of these are fatalities caused by drowning. The vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors. 5. A significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets. It is a simple task that has the potential to reduce terrible loss in lives. Modern life jackets are more comfortable, more attractive and more wearable than styles of y~ars past and deserve a fresh look by today's boating public. . 6. Knowledge and skills are important in reducing human error and improving judgment. If people are aware of the risk, they are likely to take the precautionary measures to protect themselves, their friends, and family. 7. We must continue to spread the messages of boating safety not only during National Boat Safety Boating Week, but also throughout the entire year. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board supports the goals of the North American Safe Boating Campaign and does hereby proclaim May 21, 2011 through May 27, 2011 as "NATIONAL SAFE BOATING WEEK" in St. Lucie County, Florida. ! AGENDA REQUEST ITEM NO. IV-B x==~~~-~~~~~~ DATE• May 3, 2011 ~ ~ z:~ ~ ~ • 1+ t , 7, _ ~ ~ ~ < ~.~t~' ~ i' ~ REGULAR [x ] ~ ' ~ ~ ~ ,~~.-~rri~ = PUBUC HEARING I J CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mclntyre County Attorney SUBJECT: Resolution No.11-084 - proclaiming the month of May 2011 as "STROKE AWARENESS MONTH" in St. Lucie County, Florida. BACKGROUND: Mike Claus, Media Specialist with SLCTV, has requested that this Board proclaim the month of May 2011 as "STROKE AWARENESS MONTH" in St. Lucie County, Florida. The attached Resolution No. 11-084 has been drafted for that purpose. RECOMMENDATION: Staff recommendsthat the Board adopt the attached Resolution No. 11-084 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED - ~ [ ] OTHER: - - _ Approved 4•0 (Comm.DzadovskyAbsent.) F8y2 W. OUtIaW, MPA County Administrator Review and Approvals X Count Attorne : ~ " f ~l Y Y Daniel S. Mclntyre ti RESOLUTION NO. 11-084 A RESOLUTION PROCLAIMING THE MONTH OF MAY 2011 AS "STROKE AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Stroke is an emergency and a brain attack, cutting off vital blood flow and oxygen to the brain. 2. In the United States, stroke is a leading cause of death, killing over 133,000 people each year, and a leading cause of serious, long-term adult disability. 3. Ischemic stroke occurs when arteries are blocked by blood clots or by the gradual build-up of plaque and other fatty deposits. About 87 percent of all strokes are Ischemic. Hemorrhagic stroke occurs when a blood vessel in the brain breaks, leaking blood into the brain. Hemorrhagic strokes account forthirYeen percent of all strokes, yet are responsible for more than thirty percent of all stroke deaths. 4. There are an estimated 7,000,000 stroke survivors in the U.S. over age 20. 5. Approximately 795,000 strokes will occur this year, one occurring every 40 seconds, and #aking a life approximately every four minutes. 6. Stroke can happen to anyone at any time, regardless of race, sex or age. 7. From 1997 to 2007, the annual stroke death rate fell approximately 34 percent, and the actual number of deaths fell by 18 percent. 8. Approximately 55,000 more women than men have a stroke each year. 9. African Americans have almost twice the risk of first-ever stroke compared with whites. 10. Two million brain cells die every minute during stroke, increasing risk of permanent brain damage, disability or death. Recognizing symptoms and acting FAST to get medical attention can save a life and limit disabilities. 11. The prevalence of transient Ischemic Attacks (TIA -"mini strokes") increases with age. Up to 40 percent of all people who suffer a TIA will go on to experience a stroke. 12. The estimated direct and indirect cost of stroke in the United States in 2010 is $73.7 billion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of May 2011, as "STROKE AWARENESS MONTH" in St. Lucie County, Florida. r AGENDA REQUEST ITEM NO. IV-C ~ ~ ~ ~ DATE: Ma~/ 3 2011 ,e~*~, ~,w t 9na~..,'~ r#~,,".,~'~~'~"'~t`~;~~,(~' 1 / ~ ~ n.~~ ~ E ~ ~ r T~~° REGULAR [x ] ~ ~ ~ A ~ 4h~~ ~~4 PUBUC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMIITED BY(DEPT): County Attorney Daniel S. Mclntyre County Attorney SUBJECT: Resolution No. 11-086 -"Travel and Tourism Week" BACKGROUND: It has been requested thatthis Board proclaim May 7, 2010through May 15, 2011 as "Travei and Tourism Week" in St. Lucie County, Florida. The attached Resolution No. 11-086 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 11-086 as drafted. COMMISSION ACTION: CONCURRENCE: (jC] APPROVED [ ] DENIED ~ [ ] OTHER: , Approved 4-0 Faye W. Outlaw, MPA (comm. Dzadovsky Absent) County Administrator Review and A~provals [X] County Attorney: Daniel S. Mclntyre ~ RESOLUTION NO. 11-086 A RESOLUTION PROCLAIMING MAY 7, 2011 THROUGH MAY15, 2011AS"TRAVELANDTOURISM WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Travel to and within the United States provides significant economic benefits for the nation, including direct expenditures by domestic and international travelers totaling $783 billion. 2. The travel industry ranks as the 5th largest employer in the United States and among the top 10 industries in 48 states and the District of Columbia when measured by employment. 3. The travel industry supports the interests of St. Lucie County, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwilL 4. Travel contributes to personal growth, health, professional advancement, education, cultural understanding and the enhancement of America's image around the world. 5. The U.S. Congress passed and the President signed into law, the Travel Promotion Act, creating a new, nationally coordinated communications and promotion program to attract millions of new international visitors and create thousands of new U.S. jobs. The Travel Promotion Act will help reverse a decade of decline in overseas travel to the United States. 6. Meetings, events and incentive travel are core business functions that help companiesto strengthen business relationships, align and educate employees and customers, and reward business performance. 7. Travel can serve as a catalyst to help move the national and local economy forward. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 7, 2011 through May 15, 2011 as "TRAVEL AND TOURISM WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to join in this special observance with appropriate events, commemorations and festivals. PASSED AND DULY ADOPTED this 3~d day of May 2011. AGENDA REQUEST ITEM NO. IV-D DATE• Ma 3 2011 ~~~m~~ ~ ' y ' ~ ~s : ~,a~~E~.~ , ; ~ REGULAR [x J ~ ~ A LTxi'.,~'-1:£R.3Y'+4hv~Y1~dY.2Fn' .WZ4X Y 4'r_.s;;;H1 PUBLIC HEARING I ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMI'tTED BY(DEPT): County Attorney Daniel S. Mcintyre County Attorney SUBJECT: Resolution No. 11-085 -"National Community Action Month" BACKGROUND: It has been requested that this Board proclaim the month of May 2011 as "National Community Action Month" in St. Lucie County, Florida. The attached Resolution No. 11-085 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 11-085 as drafted. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED [ J OTHER: Approved 4•0 Faye W. Outlaw, MPA (Comm. Dzadovsky Absent.) County Administrator Review and Approvals [X] County Attorney: Daniel S. Mclntyre RESOLUTION NO. 11-085 A RESOLUTION PROCLAIMING THE MONTH OF MAY 2011AS "NATIONALCOMMUNITYACTION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Community Action Agencies were created when the Economic Opportunity Act of 1964 was signed into law. 2. CommunityAction Agencies have a 47 year history of promoting self-sufficiencyfor those with limited income. 3. CommunityAction Agencies have made an essential contribution to individuals and families in Florida by providing them with innovative and cost-effective programs. 4. Community Action Agencies are needed as major participants in the reform of the welfare system as we know it. 5. Welfare reform in Florida has benefitted from the state's partnership with community action agencies. 6. Those with limited income continue to need opportunities to improve their lives and their living conditions, thus ensuring that all citizens are able to live in dignity. 7. Florida and the entire United States must continue to wage war on poverty by providing support and opportunities for all citizens in need of assistance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of May 2011 as "NATIONAL COMMUNITY ACTION MONTH" in St. Lucie County, Florida in recognition of the hard work and dedication of St. Lucie County's Community Action agencies. 2. This Board urges the citizens of St. Lucie County to join in this special observance. PASSED AND DULY ADOPTED this 3rd day of May 2011. AGENDA REQUEST ITEM NO. IV-E DATE: Ma 3 2011 ~ar Y , ~ ~ ~ ± ~1 REGULAR [x ] a ~ t ~ PUBUC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITI'ED BY(DEPT): County Attorney Daniel S. Mclntyre County Attorney SUBJECT: Resolution No. 11-087 -"FOSTER CARE MONTH - MAY~ 2011'~ BACKGROUND: Janet Steward, Foster Care Recruiter, with Hibiscus Children's Center, has requested that this Board proclaim the month of May 2011 as "FOSTER CARE MONTH " in St. Lucie County, Florida. The attached Resolution No.11-087 has been drafted forthat purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No: 11-087 as drafted. COMMISSION ACTION: CONCURRENCE: pC] APPROVED [ ] DENIED [ ] OTHER: ' Approved 4-0 ~ (Comm.DzadovskyAbsent.) Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. Mclntyre Resolution 11-087 A RESOLUTION PROCLAIMING THE MONTH OF MAY 2011 AS "FOSTER CARE MONTH" IN ST. WCIE COUNTY, FLORIDA WHEREAS, the Board ofCounty Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The family, serving as the primary source of love, identity, seif-esteem and support is the foundation of our community and our state. 2. In St. Lucie County, there are many children and youth in foster care being provided with a safe, secure and stable home along with the compassion and nurture of a foster family. 3. All young people in foster care need a meaningful connection to a caring adult who becomes a supportive and lasting presence in their lives. ~~4. Foster, kinship and adoptive families, who open their homes and hearts and support children whose families are in crisis, play a vital role in helping children and families heal and reconnect, thereby launching young people into successful adulthood. 5. Dedicated foster families frequently adopt foster children, resutting in a greater need for more foster families. 6. There are numerous individuals, public and private organizations who work to increase public awareness of the needs of children in and leaving foster care, as well as the enduring and valuable contribution of foster parents. The foster care "system" is only as good as those who choose to be a part of it. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of May 2011, as "FOSTER CARE MONTH" in St. Lucie County, Florida. 2. This Board urges all citizens to come forward and do something positive that will help change a lifetime for children and youth in foster care. PASSED AND DULY ADOPTED this 3rd day of May, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY c AGENDA REQUEST ITEM NO. VI-B-01 DATE: May 3, 2011 a r` ~ ` rm REGULAR [ ] • o . PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin 6~ Criminal Justice Coordinator SUBJECT: Approval of Budget Resolution No. 11-083 allowing the Coun~y recognize revenue from interest earned on the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant. BACKGROUND: Please see attached Memorandum CA No. 11-0354. FUNDS AVAIL: $8,023.64 (107206-2360-534000-200) Other Contractual Services PREVIOUS ACTION: In 2008, the Board approved the grant award of $688,572 over three years. RECOMMENDATION: Staff recommends the Board approve the Budget Resolution No. 11-083 allowing the County to recognize the interest earned on grant funds in the amount of $8,023.6~4, and once approved these funds vVill be added to the Mental Health Court expense category. COMMISSION ACTION: CONCURRENCE: ~k] APPROVED [ ] DENIED ~ ~ [ ] OTHER: Approved 4-0 Faye W. Outlaw, MPA (comm. ozadovsky Absent) County Administrator Review and Approvals ~ [X] County Attorney: [x] Management & Budget:~ Dan Mclntyre Marie Gouin, Director Patty Marston, Analyst . ' County Attorney : f y.; , C ~ k ; ~ { ~ r ~ ,,.~s ~4,:,. M E M O R A N D U M 11-355 TO: Board of County Commissioners THROUGH: Daniel S. Mclntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: May 3, 2011 SUBJECT: Recognize interest revenue from the State Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. ITEM NO. VI-B-07 Backaround: In 2008 St. Lucie County won an award of $688,572 over three years for the Criminal Justice Mental Health Reinvestment Grant Program. This grant was created for the purpose of providing funding to the County for citizens who suffer from mental illness and/or substance abuse disorders, and who are at risk of entering the criminal justice system. The grant is set to terminate on June 30, 2011, and the grant funds over the last year have earned $8,023.64 in interest. Once approved, the $8,023.64 would be made available in the appropriation account as identified in the Budget Resolution No. 11-083. Previous Action: July 8, 2008 - Board of County Commissioners approved Budget Resolution No. 08-239 to recognize a year one of a three-year grant award of $229,524 from the Department of Children and Families. September 1, 2009 - Board of County Commissioners approved Budget Resolution No. 09-235 to recognize a year two of a three-year grant award of $ 226,236.40 from the Department of Children and Families. July 27, 2010 - Board of County Commissioners approved Budget Resolution No. 10-215 to recognize a year three of a three-year grant award of $ 227,787.96 from the Department of Children and Families. July 29, 2010 - Department of Children and Families notified St. Lucie County's Criminal Justice staff, via email, of their decision to allow `St. Lucie County to use the accrued interest on the first and second advances in the amount of $8,023.64 to offset the total amount due to the County for the third year advance, with the understanding that the St. Lucie County Board of County Commissioners will apply the accrued interest to the grant expenses and not return the funds to the agency.' ~ 4Y ~8.'.. x , ~ ~~~"Y, AGENDA REQUEST ITEM NO. VI-B-2 ~ , , Date: May 3, 2011 Regular L ] _ Public Hearing [ J Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with City of Port St. Lucie for Crosstown Parkway Extension BACKGROUND: See C.A. No. 11-0407 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDAI"ION: Stctff recommends that Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with the City of Port St. Lucie, and authorize the Chairman to sign the agreement. COMMISSION ACTION: CONCURRENCE: [X~ APPROVED [ ] DENIED [ ] OTHER: ~ ~.r=-= Approved 4-0 Faye W. Outlaw, M.P.A. (Comm. Daadovsky Absent.) County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: , Daniel 5. McIntyre Marie Gouin Originating Dept.: Other : Other : °f!~' ~ A James R. David 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: 11-0407 DATE: April 21, 2011 SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with City of Port St. Lucie for Crosstown Parkway Extension BACKGROUND: Attached to this memorandum is a copy of a proposed Bear Point Credit Reservation Agreement with the City of Port St. Lucie. Pursuant to the agreement, the City will reserve 0.5 Federal/State credits in support of the permitting for the Crosstown Parkway Extension. A copy of a January 11, 2011 letter from the City Engineer requesting reservation of the credits is also attached. The agreement provides for the City to pay a non refundable reservation fee in the amount of sixteen thousand two hundred fifty and 00/100 dollars ($16,250.00) which equals twenty-five percent (25%) of the total purchase price of sixty-five thousand and 00/100 dollars ($65,000.00). In the event the pro ject is not permitted, the City would be allowed to transfer the credits to another pro ject. RECOMMEN DATIO N/CONCLUSION : Staff recommends that Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with the City of Port St. Lucie, and authorize the Chairman to sign the agreement. Respectfully submitted, 7E•.~.s~. Heather Young Assistant County Attorney Attachment HY/ 1 ~r . , - . . . . . . . . . . . • r ~'-F ~ ~ ~ ~ ~ q6EN~A REQUEST ITEM NO. VI-6.3 • • • . • DATE~ May 3, 2011 REGULAR PUBLIC HEARING CONSENT [XX] T0: BOARD OF COUNTY COMMISSIONERS PRESENTEQ BY: SUBMITTE~ BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJ CT; 2011 Economic Development Exemption Applicction - J.J. Taylor Distributing Florida, Inc.; Ordinonce No. 11-019 BACKGROUND: See attached memorandum ~ FUNDS AVAILABLE: PREVIOUS ACTION; RECOMMENDATION: Staff recommends thnt the Board accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 11-019 for a public hearing on June 7, 20I1, at 6:00 p.m. or as soon thereafter as the item may be heard. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED - L ~ OTHER: _ _ Approved 4-0 Faye W. outlaw, MPA (Comm. DzadovskyAbsent.) County Administrntor Rev+ew and App~ovnls County Attorney: ° Manngement & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance; (Check for copy only, if applicable) Eff. 5/96 r~' 4 INTER-OFFICE MEMORANDUM ST. WCIE COUNTY, FLORIDA T0: Board of County Commissioners FROM: Daniel 5. Mclntyre, County Attorney C.A. NO. 10-422 DATE: Aprii 26, 2011 SUBIECT: 2011 Economic Development Exemption Application - J. l. Taylor Distributing Florida, Inc.; Ordinance No. 11-019 - Permission to Advertise BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. On November 5, 2002, the voters in St. Lucie County approved a referendum authorizing the Board of County Commissioners of St. Lucie County to grant a local ecnnomic ad valorem tax exemption. Also attached is Resolution No. 03-258 adopted on October 28, 2003 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses Attached is an application filed by J.1. Taylor Distributing Florida, Inc.. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings ofthe Property Appraiser are contained in the appfication. As the memorandum states, J.1. Taylor Distributing Florida, Inc. submitted the required information and met the statutory definition of a new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $824,200 for improvements to real property and $269,875 for tangible personal property. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $6,177.30 in ad valorem revenues and $2,022.69 in tangible personal property revenues. The application reflects that sixty-eight (68) St. Lucie County residents will be employed by J. J. Taylor Distributing Florida, Inc. Under the property tax eligibility chart, it appears that J. J. Taylor Distributing Florida, Inc. would receive a five (5) year exemption, phased as follows: Year 1 - 100% (FY 11/12) Year 2 - 80% Year 3 - 60% Year 4 - 40~0 Year 5 - 20% ~ ITEM NO. VI-C ~ ' N ~ ' - ` DATE: 05/03/2011 ° ~ ~ ~ ~ ~ ~ ` AGENDA f2EQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ~ ) - QUASI-JD ( ) I CONSEIVT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B• ' . Jack T. Southard ' SUBMITTED BY: Public Safefy & Communications Public Safety & C munications Dire~tor SUBJECT: Professional Services Agreement with the Treasure Coast Regional Planning Council for the development of Phase II, Post-Disaster Redevelqpment Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001535-2510-534000-200 (Other Contractual Services) Homeland Secuirty Federally-Funded Sub-grant Agreement PREVIOUS ACTION: N/A - RECOMMENDATION: goard approval of Professional Services Agreement with the Treasure Coast Regional Planning Council for the development of Phase II, Post-Disaster Redevelopment Plan in the amount of $63,497 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: Pulled for discussion and ' ~ APPROVED ( ) DENIED separatevote. ~ ) 07HER Approved 3-1 . ~ (Comm. Moweryvoting No) Faye W. OUt11W, MPA (comm. ~zadovsky,absent) County Administrator Coordination/Siqnatures CountyAttorney O s~~ OMB Director O f• Bud et Anal st t+~ i'~ ~ y } • Daniel Mclntyre Marie M. Gouin Patricia Marston Originating Dept. ( ) ERD ) (Name) (Name) ; ~ Public Safety ~ Communications _ _ ~ : . Department ~ . ; ~ ~ :.1y.. MEMORANDUM TO: Board of County Commissio FROM: Jack T. Southard, Director Public Safety & Communic ns epartment DATE: May 3, 2011 SUBJECT: Professional Services Agreement with the Treasure Coast Regional Planning Council for the development of Phase II, Post-Disaster Redevelopment Plan ITEM NO. VI-C Backqround: On January 18, 2011, the Board of County Commissioners approved the State Homeland Security Federally funded Sub-grant Agreement. As part of that agreement, St. Lucie County is expected to develop a St. Lucie County Post-Disaster Redevelopment Ptan (PDRP). THe purpose of this agreement is to provide the basis under which the County and Treasure Coast Regional Planning Council agree to.cooperate in the development of Phase II of the St. Lucie County PDRP in the amount of $63,497. The agreement amount is above the County Administrator signature limit. Recommendation: Board approval of the Professional Services agreement with Treasure Coast Planning Council for Phase fl of the St. Lucie County Post-Disaster Redevelopment Plan in the amount of $63,497 and authorization for the Chairman to sign documents as approved by the County Attorney. , ; ~ i i ~ ~ ITEM NO. VI-D~_ ° ~ F' a ~z:,,,, DATE: 05/03/11 ~ , . ~ . 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 Manag SUBJECT: Bid No. 11-010; Taxiways A& B Rehabilitation Conditionai Award BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140367-4220-563000-104601 - Infrastructure (pending BOCC approval) PREVIOUS ACTION: October 13, 2009 - Board approved Resolution No. 09-294 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA). November 3, 2009 - Board approved Budget Resolution No. 09-308. April 13, 2010 - Board approved PBS&J Work Authorization No. 9 for professional design services at a cost of $386,729. RECOMMENDATION: Board approval to conditionally award Bid No. 11-010, Taxiways A& B Rehabilitation, to the lowest responsive and responsible bidder, Ranger Construction, and approve the project budget pending receipt of FAA and FDOT grant funds, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Approved 4-0 Faye W. Outlaw, MPA ~ (comm. ~zadovsky Absent.) County Administrator CoordinationlSiqnatures County Attorney ( ) OMB Director ( ) ~ .,p,~,~ Budget Analyst Daniel . Mclntyre Marie Gouin Heather Young So~~~ ~,~o~,~.Pa~-~'ar`s~e~ Purchasing ( ) ERD ( ) Desiree Cimino Melissa Simberlund Originating Dept. ( ) Mark Satterlee F ? AIRPORT p~~~,,.~~.~ .~»W ~~g., e • ' ~ ~ ~~,~~r,~ MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Develo ment Services Direct~~ FROM: Todd A. Cox, C.M., Airport Manager DATE: May 3, 2010 SUBJECT: Bid No. 11-010; Taxiway A& B Rehabilitation Conditional Award ITEM NO. VI-D1 Backqround: This agenda request is for Board approval to conditionally award Bid No. 11-010 for the Taxiway A& B Rehabilitation project at the Airport. The project consists of the milling and overlay of the asphalt taxiways and corrections to pavement and drainage structures to meet FAA standards. Taxiways A& B were last paved in 1986. The funding for this project was originally approved by the Board under the FY 2010 Capital Budget Plan. The initial project cost estimate was $2,850,000 which included an FAA grant for $2,707,500, a FDOT grant of $71,250, and a local match of $71,250. FDOT provided their grant-match portion in October 2009 in anticipation of receiving an FAA grant. Under FAA procedures, a grant pre-application was submitted in January 2010 in preparation for future grant application submission. However, in February 2010, the FAA advised that their funding for this project would not be available until FY 2011. In preparation for finalizing the project for FY2011 submission, several grading and stormwater drainage issues were identified that exceeded FAA design tolerances and presented safety and compliance impacts to the Airport. Subsequently, discussions were held with the FAA and FDOT. In December 2010, a grant pre-application was submitted to the FAA for an updated estimated project amount of $3,356,600. The estimate updated the FAA Grant share to $3,188,770, FDOT grant share to $83,915, and local match share to $83,915. Due to the project cost increase, FDOT committed an additional $12,665 for their match portion and will be issuing a separate Supplemental Joint Participation Agreement (SJPA) in the future. The Airport has funds available to cover its additional local match increase identified under the approved FY2011 budget. Per FAA requirements, a grant application for construction must be based on actual bids with the bid tabs submitted as part of the application package. In preparation for submission of the grant application, the project was advertised on February 27, 2011. Bids for the project were opened on April 6, 2011. Four hundred eighteen (418) companies were notified and eleven (11) sets of bid documents were issued. Three (3) bids were received and are summarized in Attachment A. Two of the three companies that bid on the project were located within St. Lucie County and PBS&J, the project consultant, determined the lowest responsive and responsible bidder was Ranger Construction (Attachment A). r . ' 1 GIYI N0. tl I°~ ~ ~ ~ ~ D~41'E: 05/03/11 ~ AGENDA REQUEST REGULAR ( ) ~ a " PUBLIC HEARING ( ) LEG. ( } QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS P~~TE BY~ ~ SUBMITTED BY: St. Lu~ie TPO Peter Buchwald, Executive Director SUBJ@CT: Resolution No.11-073, Budget Amendment BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has obtained a Federal Safe Routes to School Grant for the development of Safety Lesson Plans for seven public schools in St. Lucie County. The schools are C.A. Moore Elementary, Floresta Elementary, Lawnwood Elementary, Northport K-8, Oak Hammock K-8, St. Lucie Elementary, and West Gate K-8. The amount of Federal funds to be received by the TPO under the grant for FY 2010/11 is $72,350. Because the TPO account is within the budgetary system of the County, the County is required by Florida Statute Section 129.06(d) to amend by resolution the County budget for the receipt of the grant funds on behalf of the TPO. FUNDS AVAILA~LE: 001539-1540-599330-100 - Project Reserves (Pending BOCC Approval) $72,350 PREVIOUS ACTION: RECOMMENDA°TION: Approve Resolution No. 11-073 to amend the County budget in the amount of $72,350 for receipt of the grant funds on behalf of the TPO. COIUIMISSION ACl°ION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTH E R ^ ~ Approved 4-0 Faye W. Outlaw, MPA (comm. ~zaaovsky absent.) County Administrator Coordination/Siqnatures County Attorney ( X) OMB Direciar ( X) 1 ~ Budget Analyst L . H ther Young Marie Gouin Christine Weekes Originating Dept. ( X ) ~ Peter Buchwald RESOLUTION NO. 11-073 r WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through the tremendous efforts of the St. Lucie Transportation Planning Organization (TPO) from the U.S,. Department of Transportation through a Joint Participation Agreement, in the amount of $72,350.00, as funding for the Safe Routes to School Program - Safety Lesson Plans for seven Public ~ schools. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 19th day of April, 2011, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 001 539-1 540-331 491-1 00 Federal Department of Transportation $72,350 APPROPRIATIONS 001539-1540-599330-100 Project Reserves $72,350 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman ' XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 3`d DAY OF MAY 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY a -a ITEM NO. VI-F ~ ~~-3~ ~ s r ~ a _ ~ DATE: 5/3/2011 ~ ~ ~ ~ • AGENDA REQUEST REGULAR ( ) _ _ _ _ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manager SUBJECT: Department of Corrections Inmate Labor Contract BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7210-534000-700 Parks North Division 190-7210-534000-75201 Digital Domain Park 001-7215-534000-700 Parks South Division 001-7215-534000-7420 Fairgrounds 001-7215-534000-7220 Savannas 001-7215-534000-7510 Havert L. Fenn Center PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Department of Corrections Inmate Labor contract as outlined in the agenda memorandum and authorization for the Chairman to sign the documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ` ~ Approved 4•0 Faye W. Outlaw, MPA (Comm. Dzadovsky Absent.) County Administrator Coordination/Siqnatures OMB Director County Attorney ( x) i~ Budget Analyst ( x) - . D ni I Mclntrye Ma e ouin °'y Patty Marston Originating Dept. ( x ) , . Purchasing ( x ) Debra Brisson Melissa Simberlund R-, ~ r ~.~w-.~ ~~..~.~~z~ L~ ,~r~~„'~~ ~~"_"p"~~~ Y.~~~~~~~ ` ~ Parks, Recreation and Facilities ~ MEMORANDUM TO: Board of County Commissioners ~ ~f THROUGH: Debra Brisson, Director ' FROM: Mark DiMascio, Division Manager DATE: May 3, 2011 SUBJECT: Department of Corrections Inmate Labor Contract ITEM NO. VI-F Backpround: In 2005, 2007 and 2009, the Board entered into contracts with the Florida Department of Correction (FDOC) to provide an inmate work squad to assist the Parks and Recreation Department with maintenance. Each contract provides for an additional one (1) year renewal which the Board subsequently approved. The current contract renewal of the 2009 contract expires on June 30, 2011 and staff is requesting to enter into a new contract in the amount of $58,004. These funds are available in the department budget. This program has proven to play a vital role in the Parks and Recreation Department's ability to maintain the County's assets providing over 7500 man hours of service. The work squad is utilized on a rotating schedule by the North and South Park Divisions, Digital Domain, the SLC Fairgrounds, the Savannas Recreation Area and the Havert L. Fenn Center. In addition to maintaining restrooms, picking up trash and mowing, the squad also assists in event set ups and other projects as needed. Under the current contract and the new contract the County responsibilities are: • Provide a schedule of work. • Obtain any licenses or permits, as required, for work to be perFormed by the inmate work squad. • Provide transportation (van), including fuel and vehicle maintenance, for the work squad. • Provide enclosed trailer and other equipment as needed for work to be performed by the inmate crew. • Provide communication equipment (cell phone). • Retain ownership of vehicle and equipment. ~ Fund Florida Department of Correction's total cost for program -$58,004 The Florida Department of Corrections responsibilities are: • Prove one (1) Correctional Work Squad Officer . ITEM NO. V1-G ~ ~ ; - - DATE: : 5/3/11 ~ , . ~ . AGENDA REQUEST REGULAR ( ) , PUBLIC HEARING ( : LEG.: ( ) . QUASI-JD ' ( ) ~ CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner, Director~~" . SUBMITTED BY: Human Resources Human Resources SUBJECT: Job Reclassification of The Solid Waste Fiscal Specialist Position BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to reclassify the position of Solid Waste Fiscal Specialist to Scale Operations Coordinator and approval of the Scale Operations Coordinator job ~ description. COMMISSION ACTION: _u. CONCURRENCE: (~{f APPROVED ( ) DENIED . "---l, ~ ) OTHER ~ Approved 4-0 Faye W. Outlaw, MPA ~comm. ~zaaovsky absent.) County Administrator Coord ination/Sianatures County Attorney ( ) Dan Mclntyre Human ( ) Resources Wi iam Hoeffner . Public Works ( ) .1 . W Don West Human Resources De~art~~ent y . ' ' ~ . . . . ~ ~ ~ . ~ ' . ' . . . ~ MEMORANDUM • ~ ~ ~ TO: Board of County Commissioners FROM: William Hoeffner, Human Resources Director~~/,~ DATE: May 3, 2011 SUBJECT: Job Reclassification of Solid Waste Fiscal Specialist ITEM NO. VI-G Backaround: ~ The Fiscal Specialist in the Solid Waste Division performs not only accounting functions consistent with that job description and classification, but she also supervises landfill scale operations and employees. The Fiscal Specialist is at a pay grade 16 and is non-exempt from wage and hour regulations. Due to the more extensive supervisory duties of this position, it is necessary for the position to be exempt from wage and hour regulations. It is therefore recommended the position be reclassified to a Scale Operations Coordinator at a pay grade 17. No additional job duties are being assigned to the employee. However, it is recommended the job description and jab classification be changed to better reflecf the job duties the employee in this position has been performing. The new job description is attached. Because no additional duties are being assigned to the employee and because the employee's current salary is within the pay range of pay grade 17, there will be no change in the employee's current salary. Recommendation Board approval to reclassify the position of Solid Waste Fiscal Specialist to Scale Operations Coordinator and approval of the Scale Operations Coordinator job description. ` - ~ ITEM NO. VII-A ~ _ ' - ~ ~ ~ - ' DATE: 05/03/11 ~ s • ~ - : AGENDA REQUEST REGULAR ( ) ~ PUBLIC HEARING ( X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance No. 11-014 - Surplus Property Ordinance BACKGROUND: See CA11-156 FUNDS AVAILABLE: N/A - PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Ordinance No. 11-014. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER - Approved 4-0 Faye W. Outlaw, MPA (Comm. DzadovskyAbsent.) County Administrator Coordination/Siqnatures County Attorney ( x) ~ OMB Director O Budget Analyst . Daniel S. Mclntyre (Name) (Name) ( ) ERD ( ) (Name) (Name) COUNTY ATTORNEY ~ ~ ~ ~f~ ~ ~ _ ~ . MEMORANDUM TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA11-156 DATE: May 3, 2011 SUBJECT: Ordinance No. 11-014 - Surplus Property Ordinance ITEM NO. VII-A Backqround: Section 125.35, Florida Statutes, allows counties to prescribe by ordinance disposition standards and procedures for surplus real property. The Board adopted such procedures in Ordinance No. 02-18. Staff recommends modifying the procedures for disposition of property which is unbuildable or valued at less than $25,000. Unbuildable parcels would be offered for sale only to adjacent property owners through letters of interest. Parcels valued by the property appraiser at less than $25,000 would first be offered for sale to adjacent property owners through letters of interest. If no adjacent property owner expresses interest, then the County may advertise to accept sealed bids. Recommendation: Staff recommends approval of Ordinance No. 11-014. Respectfully submitted, ,f ~ : ~ ~ .z H a her Sperrazza Lueke Assistant County Attorne ( ~ ITEM NO. VII-B ~ ~ ~ - , - DATE: 05/03/11 ~ ~ ~ ~ - ~ t ` AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS . PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance No. 11-016 - Art in Public Places BACKGROUND: See CA11-238 FUNDS AVAILABLE: N/A PREVIOUS ACTION: July 6, 1999 - Board created Art in Public Places Program March 22, 2011 - Board granted permission to advertise Ordinance No. 11-016 RECOMMENDATION: ~Staff recommends approval of Ordinance No. 11-016. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER q roved 4-0 ''"~~~r~- ` ~ Motion to approve as amended. ~Comm. Dzadovsky Absent.) Faye W. OutlaW, MPA County Administrator Coordination/Siq natures County Attorney ( x) ~ OMB Director Budget Analyst . Daniel S. Mclntyre (Name) (Name) ( ) ERD ( ) (Name) (Name) ~ ~ ITEM NO. Vil-C ~:Fl~' L1ALR4l:VIiiR% C ^F.]tY~V1SPkT.iYi~99d{id: Y ~~~81t~i~ ~~o ! ~ 9 F y~iR I~ ~1i, ~ ~ +~i,~ ~ DATE: 5/03/11 ~ ~r. ~ ~ ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( X ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: JeffreyJohnson SUBMITTED BY: Planning and Development Services Senior Planner SUBJECT: Ordinance No. 11-012 - Florida Power & Light (FPL) Company Land Development Code Text Amendment. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 17, 2011 - Planning and Zoning Commission unanimously recommended approval. RECOMMENDATION: Board approval to schedule the second required public hearing for May 17, 2091 at 9 am, or as soon thereafter as possible, for Ordinance No. 11-012 to include meteorological towers as permitted temporary structures in the AG-5 (Agricultural - 5) zoning district. COMMISSION ACTION: Approved 4-0 CONCURRENCE: (Comm. Dzadovsky Absent.) APPROVED O DENIED Motion to continue to July 5, O OTHER 20~~ at 6:OOp.m. or as soon - thereafter as may be heard. ~ Fay2 W. OutlaW, MPA County Administrator Coordination/Siqnatures County Attorney ( X) ~ County Surveyor ( X) . Daniel S. Mclntyre Ron Harris County Engineer ( X) M~~ ERD ( X) ~ Michael Powley K n Smith .P-~--~~"' Originating Dept. ( X ) OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund ~ ~ y Planning and Development ~ ; ; ,,ii ilp ~ ~ ~w ,,i i ~ Services Department ~ ~ • ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning and Development Services Director Kara Wood, Planning Manager ~I~ ~ FROM: Jeffrey Johnson, Senior Planner DATE: May 3, 2011 SUBJECT: Ordinance No. 11-012 - Florida Power & Light (FPL) Company Land Development Code Text Amendment ITEM NO. VII-C Backqround: Florida Power & Light (FPL) Company is requesting to amend the text of the St. Lucie County Land Development Code (LDC) to include meteorological towers as permitted temporary structures in the AG-5 (Agricultural -5) zoning district. This is the first of two required public hearings. FPL is currently assessing the suitability for wind turbines as a clean alternative energy source on lands primarily located in the western agricultural areas of the County. The needs assessment includes placement of temporary meteorological towers to gauge wind conditions that will assist in determining site suitability and wind speed sufficiency for placement of wind turbines. As proposed, the meteorological towers shall: • Be permitted only on a temporary basis (not to exceed three years) • Not exceed two hundred (200) feet in height • Be set back a minimum of 110 percent of the tower height from all property lines • Comply with applicable Florida Building Code requirements for construction and installation • Be painted a neutral color to conform with the surrounding environment • Not have any signage, flags, banners or advertising (with the exception of wildlife monitoring equipment) • Not have any other forms of communication devices or co-locations positioned Additional development standards shall include: • Access to any proposed meteorological tower site will be provided by an all weather surface pursuant to the approval of the County Engineer. • The tower and equipment (not to exceed 500 square feet in area) will be required to be enclosed within a minimum six foot high fence or wall for security purposes. • Landscaping will be provided in accordance with Chapter 7 requirements to screen the ground equipment and vehicular use areas unless it is determined by the Environmental ' ITEM NO. VII-D ~1 ` ~ , vf DATE: 05/03/11 ~ ~ 4 ~ ~ - ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance No. 11-017 Pain Management Clinics BACKGROUND: See CA11-412 FUNDS AVAILABLE: N/A PREVIOUS ACTION: On June 15, 2010, the Board of County Commissioners imposed a nine month moratorium on new pain management clinics On March 1, 2011, the Board of County Commissioners extended the moratorium for an additional five months On April 5, 2011, the Board of County Commissioners gave permission to advertise Ordinance No. 11-017 On April 21, 2011, the Planning and Zoning Commission forwarded Ordinance No. 11-017 to the Board of County Commissioners with a recommendation of approval RECOMMENDATION: This is the first of two public hearings. The second public hearing will take place on May 17, 2011, at 9 a.m. or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ~ OTHER -~6 Faye W. Outlaw, MPA No action required. ' County Administrator Coordination/Siqnatures County Attorney ( x) OMB Director O ' ~ Budget Analyst . Daniel S. Mclntyre (Name) (Name) Planning and ( X ) ERD ( ) Development ~ Services (Mark Satterlee) (Name) COUNTY ATTORNEY ~ ~ ~ y ~ ..:3, . MEMORANDUM TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA11-412 DATE: May 3, 2011 SUBJECT: Ordinance No. 11-017 Pain Management Clinics ITEM NO. VII-D Backqround: The Centers for Disease Control and Prevention reported on June 18, 2010, that emergency department visits involving nonmedical use of certain prescription drugs more than doubled during 2004-2008 in the United States, and findings indicate a substantial increase in deaths related to the nonprescription use of drugs, despite efforts to control the problem. The report concludes that "stronger measures to reduce the diversion of prescription drugs to nonmedical purposes are needed urgently." In the Spring of 2009, the State Attorney's Office for the 17th Judicial Circuit in Broward County, Florida, issued an interim report on "The Proliferation of Pain Clinics in South Florida" which established the following facts: (i) in 2008, an average of 13.5 deaths per day in Florida were attributed to prescription drugs; and (ii) pain clinics are migrating north from Broward County. St. Lucie County has been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities, which dispense on-site narcotic drugs. Several counties and municipalities in South Florida have enacted restrictions on pain management clinics or have enacted moratoriums on new pain management clinics in their jurisdictions. Such restrictions or temporary bans could result in pain management clinics migrating to St. Lucie County. In the absence of regulations identifying and monitoring where narcotic drugs may be dispensed, the County's residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services The illegal sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the County. County staff has reviewed the latest Florida legislation and various reports and regulations related to pain management clinics and recommends that additional standards be incorporated into the County's Land Development Code to protect the public health, safety and general welfare. Staff specifically recommends the following changes to the Land Development Code: • Define Approved Pain Specialist • Define Pain Management Clinic • Define Pharmacy 3~ r r~"~'~ ~ W ~ ~ ~Y 'f . ~ ~~i . ~ ~ AGENDA REQUEST ~ ~ ITEM NO. VII-E ~ ~ , Date : May 3 , 2011 ~,~.~a~~ Regular L ~ Public Hearing [X] Consent[ ] TO: BOARD OF COUNTY COMMTSSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young . Assistant County Attorney SUBJECT: Ordinance No. 11-010 - Creating Chapter 1-15.5 (Pawnbrokers and Secondhand Dealers) to Establish New Record Keeping and Holding Period Requirements for Pawnbrokers and Secondhand Dealers BACKGROUND: See C.A. No. 11-0410 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATTON: Staff recommends the Board of County Commissioners adopt proposed Ordinance No. 11-010 as drafted. COMMISSION ACTTON: CONCURRENCE: [ ] APPROVED [ ] DENIED - - [ ] OTHER: _.~-~.__y Approved 4•0 Faye W. Outlaw, M.P.A. (Comm. DzadovskyAbsent.) County Administrator Motion to continue to June 7, 2011 at 6:OOp.m. or as soon thereafter as may be heard. Coordination/Signatures Count Attorne : M t. & Bud et: Purchasin : Y Y 9 9 9 Daniel 5. McIntyre Originating Dept.: Growth Mgmt: 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: 11-0410 DATE: April 21, 2011 SUBJECT: Ordinance No. 11-010 - Creating Chapter 1-15.5 (Pawnbrokers and Secondhand Dealers) to Establish New Record Keeping and Holding Period Requirements for Pawnbrokers and Secondhand Dealers BACKGROUND: The Sheriff has requested that the County amend the Code of Ordinances to establish more stringent record keeping requirements for pawnbrokers and secondhand dealers. Attached to this memorandum is a copy of proposed Ordinance No. 11-010 which, if adopted, would revoke the County's existing ordinance governing pawnbrokers and secondhand dealers and create a new Chapter 1-15.5 to specifically regulate such businesses. Tn addition to the increased record keeping requirements, the ordinance also provides for law enforcement agencies to inspect the records and premises of such establishments and establishes a thirty (30) calendar day holding period before such goods may be sold. Notice of the May 3, 2011 public hearing was published in the St. Lucie News Tribune on April 15, 2011. RECOMMENDATION/CONCLUSION : Staff recommends the Board of County Commissioners adopt proposed Ordinance No. 11-010 as drafted. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Sheriff