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HomeMy WebLinkAboutJune 7, 2011,' ~~,. , , ~~ -~ ' _ ~~ ~; ~ ~ - AGENDA REC~UEST J~ ~ w~~' ~ ri TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-I Date: June 7, 2011 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Permission to Advertise -Ordinance No. 11-022 Amending The Grove Street Lighting District BACKGROUND: See C.A. No. 11-0565 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 11-022 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. COMMISSION ACTION: [~] APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 ~j~.-- Coordination/Signatures County Attorney: Mgt. & Budget: ~~;, t ~. Daniel S. McIntyre r~ Marie ~3quin Originating Dept.: ~ Growth Mgmt: Don est, P.E. Finance (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Purchasing: Other ~, INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 11-0565 DATE: May 25, 2011 SUBJECT: Permission to Advertise -Ordinance No. 11-022 Amending The Grove Street Lighting District BACKGROUND: The Grove Street Lighting District was created in 1982 with the adoption of Ordinance No. 82-01 to provide street lighting services and establish a method of funding such services through special assessments levied on the property withing the District. On May 11, 2010, the Board adopted Ordinance No. 10-017 which established a uniform methodology for funding street lighting districts. Attached to this memorandum is a copy of proposed Ordinance No. 11-022 which would amend and restate Ordinance No. 82-01 and its subsequent amending ordinances to provide for the assessment methodology to be established by resolution adopted in accordance with Ordinance No. 10-017. RECOMMENDATION/CONCLUSION Staff requests permission to advertise proposed Ordinance No. 11-022 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. Respectfully submitted, ~~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Management and Budget Director Public Works Director MSBU Coordinator ~~ - ' ~ ~ ~ ~-.;,~ -~.. AGENDA REQUEST '_~~, ,~ ~ . ~ P' 'R TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-6-II Date: June 7, 2011 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Permission to Advertise -Ordinance No. 11-023 Amending Sunland Gardens Street Lighting District BACKGROUND: See C.A. No. 11-0566 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 11-023 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. COMMISSION ACTION: [~ APPROVED [ ]DENIED { ]OTHER: Approved 5.0 County Attorney: N ~~ CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Danie 5. McIntyre ~( Marie Originating Dept.: ~ . Growth Mgmt: Other Don est, P.E. 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: 11-0566 DATE: May 25, 2011 SUBJECT: Permission to Advertise -Ordinance No. 11-023 Amending Sunland Gardens Street Lighting District BACKGROUND: The Sunland Gardens Lighting District was created in 1977 with the adoption of Ordinance No. 77-03 to provide street lighting services and establish a method of funding such services through special assessments levied on the property withing the District. On May 11, 2010, the Board adopted Ordinance No. 10-017 which established a uniform methodology for funding street lighting districts. Attached to this memorandum is a copy of proposed Ordinance No. 11-022 which would amend and restate Ordinance No. 77-03 and its subsequent amending ordinances to provide for the assessment methodology to be established by resolution adopted in accordance with Ordinance No. 10-017. RECOMMENDATION/CONCLUSION Staff requests permission to advertise proposed Ordinance No, 11-023 for public hearing on July 5, 2011 at 6:00 p.m., or as soon thereafter as may be heard. Respectfully submitted, ~r~-~--. Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Management and Budget Director Public Works Director MSBU Coordinator AGENDA REQUEST ., ..F .t7 ::R 1 1 `,I~ A ;' TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO.. VI-B-3 DATE: June 7, 2011 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-092 - "CIVILITY MONTH" in St. Lucie County, Florida. BACKGROUND: Vivien Monaco; Chair ofthe City; County and Local Government Law Section of the Florida Bar, has requested that'this Board proclaim the month of May 2011 as "CIVILITY MONTH" in St. Lucie County, Florida. The attached Resolution No. 11-092 has been drafted for that purpose. RECOMMENDATION: Staff recommendsthat the Board adopt the attached Resolution No. 11-092 as drafted. COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ]DENIED ------- [ ]OTHER: ~- °~ Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals ~~~ [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 11-092 A RESOLUTION PROCLAIMING THE MONTH OF MAY 2011 AS "CIVILITY MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The open exchange of public discourse is essential to the democratic system of government. 2. As a cornerstone of democracy, Americans have observed certain rules of behavior generally known as civility. Civility, derived from the Latin Words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others. 3. Displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent .fair discussion of the issues, and can discourage individuals from participation in government. 4. Civility can assist in reaching consensus on diverse issues and allow for mutually respectful. ongoing relationships. 5. Civility can uplift our daily life and make it more pleasant to live in an organized society. 6. The City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, BE 1T RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the month of May 2011 is proclaimed as "CIV1LlTY MONTH" and calls upon all citizens to exercise civility toward each other. PASSED AND DULY ADOPTED this 7th day of June 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROV AS TO LEGAL FORM AND CORRECT F,S,S~, ~ UNTY A9~TmRNEY &~~ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-4 DATE: June 7, 2011 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Reimbursement from Solar Energy Loan Fund for professional services. BACKGROUND: See CA No.11-0528 FUNDS AVAILABLE: #001-1410-369900-100 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board of County Commissioners approve Budget Resolution No. 11-093 and authorization for the Chairman to sign documents, as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ]DENIED [ J OTHER: Approved 5.0 -~---- Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre a~ INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 11-0258 DATE: June 7, 2011 SUBJECT: Reimbursement from Solar Energy Loan Fund for Professional Services BACKGROUND: Certain funds not anticipated at the time of adoption of the budget have become available in the form of a $17,061.05 reimbursement from the Solar Energy Loan Fund for expenses related to professional services paid for by this office for their initial startup. RECOMMENDATION/CONCLUSION: Staff recommendsthattheBoard ofCountyComrnissionersapprove Budget Resolution No.11-093 and authorization for the Chairman to sign documents, as approved by the County Attorney. Respectfully submitted, DSM/cb "'~~ ice, H:\AgendaMemo-DSM•BA.wpd Daniel S. MCI County Attor `,~ ~ - ~~. -~~~ r ,': _ _ ~~ ' ~ ~~ ~ nr ~~ l >.: a _ , .~ a~ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-5 DATE: 06/07/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breezes Phase 2 BACKGROUND: See CA11-545 FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board approved the Subdivision Improvement Agreement on June 19, 2007 Board approved the First Amendment on June 10, 2008 RECOMMENDATION: Staff recommends approval of Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breezes Phase 2 COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney (x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator ~j ,,- Coordination/Signatures ~d' ~ OMB Director r~' Budget Analyst Daniel S. McIntyre Planning and (X) Public Works Development Engineering Services (Mark Satterlee) ( ) (Name) (Name) (X) (Don West) -i ~" J ~ - :~ ~ - n R ~ ,: - COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Heather Sperrazza: Lueke, Assistant County Attorney C.A. No: CA11-545 DATE: June 7, 2011 SUBJECT: Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breezes Phase 2 ITEM NO. VI-B-5 Background: On June 19, 2007, St. Lucie County and Centex Homes entered into an agreement, hereinafter referred to as the "Agreement" for the satisfactory completion of required infrastructure improvements for Palm Breezes Phase 2. The Agreement required the satisfactory completion of the required improvements within twenty-four (24) months from the recording of the plat for the subdivision. The plat for the subdivision was recorded on July 24, 2007, requiring completion of the improvements on or before July 24, 2009. On June 10, 2008, the parties agreed to extend the term of the agreement for twenty-four (24) months, requiring completion of improvements on or before July 24, 2011. On April 7, 2009, Pulte Homes Corporation acquired Centex Corporation. Pulte Homes Corporation now desires to accept assignment of the Subdivision Improvement Agreement as amended. On May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147, Laws of Florida, more commonly known as the "Jobs for Florida" Bill. The Bill provides that any local government issued development order or permit that has an expiration date of September 1, 2008 through January 1, 2012, is extended and renewed for a period of two (2) years following its date of expiration provided that said development order or permit has not been determined to be in significant non-compliance with its conditions. The Developer timely filed its Notification for the two (2) year extension in accordance with the provisions of the Bill and staff has conducted the review and has not found the development order or permit to be in significant non-compliance. Recommendation: Staff recommends approval of Second Amendment and Assignment of Subdivision Improvement Agreement with Pulte Homes for Palm Breezes Phase 2. Respectfully submitted, ~f- ~ Heather Sperrazza Lueke ~ ~ Assistant County Attorney ;;; 1 . ~ ~, _ r ,,~ ~ i ~r; ' Sk' S AGENDA REQUEST ITEM NO: VI-B-6 DATE: June 7, 2011 REGULAR [ ~ PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [X] TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement International Airport Business Park of St. Lucie County, LLC 3251 St. Lucie Blvd. BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: See Attached Memorandum N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct International Airport Business Park of St. Lucie County, LLC to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [x] APPROVED [ ]DENIED [ ]OTHER Approved 5.0 Review and Approvals [x] County Attorney: ' (J ~'~ Heather Young for Dani I McIntyre [x) Originating Dept: J~Y~Q- JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Road and Bridge ~ ~ ~~ Don Pauley [x] Engineering: ~~~ Mike Powley [x] Public Works: ~ V~ ` Don West p~~~ [x] County Surveyor: ~~ t``TI Ron Harris ~ : ~: . )~ ~. #~ ~ l l I[9 ~ . AGENDA REQUEST ITEM NO. I ~( DATE: 06/07/2011 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Tom Genung SUBMITTED BY: COURT ADMINISTRATION Trial Court Administrator SUBJECT: Court Administration requests approval to transfer (port) existing SLC phone lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or the phone lines are no longer needed by the 19th Judicial Circuit Court, all associated phones will be transferred back to SLC. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the request to transfer (port) existing phone lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or phones lines are no longer needed by the 19th Judicial Circuit, all associated phones lines will be transferred back to SLC. COMMISSION ACTION: CONCURRENCE: (~(} APPROVED ( ) DENIED -----"~ ~ ~~ O OTHER ~--~"`~~ ~- Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) ~~ .~„~ p ~~~ Budget Analyst Da clntyre Marie Gouin ~ ~~~~ °"^~ Sophia Holt Originating Dept. (X) ERD ( ) Tom Genung (Name) COURT ADMINISTRATION DRUG COURT MEMORANDUM TO: Board of County Commissioners FROM: Tom Genung, Trial Court Administrator DATE: June 7, 2011 SUBJECT: Request approval to transfer (port) existing phone lines over to the new court Voice over IP (VoIP) HVS phone system. ITEM NO. VI-C1 Background: Court Administration requests board approval to transfer (port) existing SLC phone lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or phone -ines are no longer needed by the 19tH Judicial Circuit Court, all associated phone lines will be transferred back to SLC. Recommendation Staff recommends the Board of County Commissioners approve the request to transfer (port) existing SLC phone lines over to the new court Voice over IP (VoIP) HVS phone system. If in the future, this AT&T managed solution is abandoned, or phone lines are no longer needed by the 19tH Judicial Circuit Court, all associated phone lines will be transferred back to SLC. _~ ITEM NO. ~"~ ~- ~~ _ :~ ~ ~' ' : ~ DATE: 06/07/2011 i ~ AGENDA REQUEST REGULAR ( ) _._ ___ __. __ _._. _.. PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Tom Genung SUBMITTED BY: COURT ADMINISTRATION Trial Court Administrator SUBJECT: Request approval for usage of Court Innovation Fund in excess of $52,868 for equipment, warranty and maintenance on a new court Voice over IP (VoIP) HVS telephone system for Saint Lucie County courthouses.. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 107-6291-564000-6000 Court Technology Fund PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approval of EQ11-012 expenditure from the Court Innovation Fund in the amount of $52,868 for equipment, warranty and maintenance on new court Voice over IP (VoIP) HVS telephone system for Saint Lucie County courthouses. COMMISSION ACTION: (~) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Signatures County Attorney (X) OMB Director ~'1 nr~~ Budget Analyst Originating Dept. (X) ERD Tom enung CONCURRENCE: Faye W. Outlaw, MPA County Administrator (X) ~ .~2~ Marie Gouin Sophia Holt ( ) (Name) O~~T~ ~:. .. TO: Board of County Commissioners r COURT ADMINISTRATION .%' DRUG COURT MEMORANDUM -- FROM: Tom Genung, Trial Court Administrator DATE: June 7, 2011 SUBJECT: Request approval from Court Innovations Fund in excess of $52,868 for telephone system (VoIP) replacement - St. Lucie County. ITEM NO. VI-C2 Background: Court Administration requests board approval to fund a replacement telephone system (VoIP) - Saint Lucie County from the Court Innovation Fund in the amount of $52,868 for equipment, warranty and maintenance on new court telephone system (VoIP). Recommendation Staff recommends the Board of County Commissioners approval of EQ11-012 expenditure from the Court Innovation Fund in the amount of $52,868 for equipment, warranty and maintenance on the new court telephone system (VoIP). ITEM NO. VI - D1 DATE: 6/7/2011 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: SUBMITTED BY: SUBJECT: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long, Directo~ St. Lucie County Sheriff's Office, Department of Finance & Technology Authorization to submit an electronic application for the 2011 Bulletproof Vest Partnership Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to submit an application for the U.S. Department of Justice/Office of Justice Programs 2011 Bulletproof Vest Partnership (BVP) Grant. This grant will provide a critical resource to the Sheriff's Office by covering 50% of the cost of each bulletproof vest ordered or purchased between April 1, 2011 -September 30, 2013. The estimated amount of this grant is $46,088.77. The 50% match requirement is included in the Sheriffs budget. FUNDS AVAILABLE: N/A PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2011 Bulletproof .Vest Partnership Grant offered by the U.S. Department of Justice/Office of Justice Programs. COMMISSION ACTION: CONCURRENCE: (~) APPROVED ( ) DENIED _ ( ) OTHER ~ Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Sianatures County Attorney ( ) OMB. Director ( ) h Budget Analyst an clntyre M rie ouin K`~-ti ~~ Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J, Mascara, Sheriff St. .Lucie County Sheri ~ e~"d im nistration DATE: Tuesday, June 7, 2011 SUBJECT: Authorization to submit an electronic application for the 2011 Bulletproof Vest Partnership Grant. . ITEM NO. VI - D1 Background: The St. Lucie County Sheriffs Office is requesting permission to submit an application for the U.S. Department of Justice/Office of Justice Programs 2011 Bulletproof Vest Partnership (BVP) Grant. This grant will provide a critical resource to the Sheriffs Office by covering 50% of the cost of each bulletproof vest ordered or purchased between April 1, 2011 -September 30, 2013. The estimated amount of this grant is $46,088.77. The 50% match requirement is included in the Sheriffs budget. Recommendation Staff recommends.that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2011 Bulletproof Vest Partnership Grant offered by the U.S. Department of Justice/Office of Justice Programs. J ITEM NO. VI - D2 DATE:- 6/7/2011 AGENDA REQUEST PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long, Director SUBMITTED BY: St. Lucie County Sheriffs Office, /1j Department of Finance & Technology SUBJECT: Authorization to submit an electronic application for the 2011 State Criminal Alien Assistance Program (SCRAP) Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic grant application for the U.S: Department of Justice/Bureau of Justice Assistance 2011 State Criminal Alien Assistance Program (SCRAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had' to incarcerate undocumented criminal aliens. Based on last year's calculation the estimated amount of this grant is $178,676.00. The actual award amount will be determined by the DOJ. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office submission of the electronic application. for the 2011 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. REGULAR CONCURRENCE: Faye W. Outlaw, MPA County Administrator COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Sianatures County Attorney ( ) OMB Director ( ) ~1~ .,~-~ parr. Budget Analyst ~~~ / Dan McIntyre arie Gouin ~ ~..ac~-- `~ ~~ Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioner FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriff' O eministration DATE: Tuesday, June 7, 2011 SUBJECT: Authorization to submit an electronic application for .the 2011 State Criminal Alien Assistance Program (SCRAP) Grant. ITEM NO. VI - D2 Background: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic .grant application for the U.S. Department of Justice/Bureau of Justice Assistance 2011 State. Criminal Alien. Assistance Program (SCRAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. Based on last year's calculation the estimated amount of this grant is $178,676.00. The actual award amount will be determined by the DOJ. Recommendation "~ Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2011 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. ITEM NO. VI-E DATE: 06/07/11 AGENDA REQUEST PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks, Recreation and Facilities REGULAR ( ) PRESENTED BY: Mark A. DiMascio Division Manager SUBJECT: Budget Resolution No.11-091 -WPSL-Christmas Kids of St. Lucie County Donation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7215-552000-7106 (Recreation -Aquatics -Operating Supplies) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution No. 11-091 to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $4,000 to be utilized to provide American Red Cross Water Safety Lessons at Open Space Pool as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (X) ~ off, Budget Analyst Danie McIntyre Ori inatin Dept. (X) )~ Debra Brisson (X) ~ / / ~~ L~U Marie Gouin Patty Marston Parks and Recreation MEMORANDUM TO: Board of County Commiss' Hers THROUGH: Debra Brisson, Director FROM: Mark A. DiMascio, Division Manager~~ DATE: June 07, 2011 SUBJECT: Budget Resolution No. 11-091 -WPSL Christmas Kids of St. Lucie County Donation ITEM NO. VI-E Backaround: WPSL Christmas Kids of St. Lucie County has donated money to sponsor children under the age of 18 to receive American Red Cross Water Safety Swim Lessons at the St. Lucie County Open Space Pool for the past seven years. This year WPSL Christmas Kids of St. Lucie County is donating $4,000. These funds would help 100 St. Lucie County youth receive water safety lessons at the Open Space Pool The cost of water safety lessons is $55.00 per participant. WPSL's contribution will provide $40 toward each participant's fee. Recommendation: Board approval of Resolution No. 11-091 to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $4,000 to be utilized to provide American Red Cross Water Safety Lessons at Open Space Pool as outlined in this agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED ~ SUBMITTED BY: Planning & Development Services Todd A. Cox St. Lucie County International Airport Airport Mana SUBJECT: Resolution No. 11-094 and Budget Resolution No. 11-_095; Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA). BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140367-4220-563000-104601 -Infrastructure 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. May 3, 2011 -Board approved conditional award of Bid No. 11-010. RECOMMENDATION: Board approval of Resolution No. 11-094 accepting an FDOT SJPA in the amount of $12,665 and Board approval of Budget Resolution No. 11-095 assigning the additional funds to the Taxiways A and B Rehabilitation project, and authorization for the Chairman to sign the documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~- Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~~~~,~,~ ~~~ ~, ~rv~-, Budget Analyst Daniel S. McIntyre Marie Gouin Heather Young Patty Marston Purchasing ( ) Originating Dept. ( ) Desiree Cimino Melissa Si berlund ~. Mark atterlee ERD ( ) Planning and Development Services. Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director FROM: Todd A. Cox, C.M., Airport Manage DATE: June 7, 2011 SUBJECT: Resolution No. 11-094 and Budget Resolution No. 11-095; Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA). ITEM NO. VI-F1 Background: This agenda request is for Board action on two items. The first item is acceptance of the attached Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA). The second item is a Budget Resolution assigning additional funds in the amount of $12,665 with a local match of $12,665 to the Taxiways A and B Rehabilitation project. Funding for this rehabilitation project was originally approved by the Board in 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 its grant-match portion in October 2009 in anticipation of receiving an FAA grant. However, in February 2010, the FAA advised that funding for this project would not be available until FY 2011. In preparing the FY 2011 FAA grant submission, several grading and stormwater drainage issues were identified that exceeded FAA design tolerances and presented safety and compliance impacts to the Airport. As a result, a revised grant pre-application was submitted to the FAA for an updated estimated project amount of $3,356,600 in December 2010. The estimate increased the FAA Grant share to $3,188,770, FDOT grant share to $83,915, and local match share to $83,915. FDOT has committed an additional $12,665 for their match portion for the project. The Airport has funds available to cover the local match increase in the approved FY2011 budget. Recommendation Board approval of Resolution No. 11-094 accepting an FDOT SJPA in the amount of $12,665 and Board approval of Budget Resolution No. 11-095 assigning the additional funds to the Taxiways A and B Rehabilitation project, and authorization for the Chairman to sign the documents as approved by the County Attorney. 4 ITEM NO. VI-F2 DATE: 06/07/11 TO: SUBMITTED BY: SUBJECT: PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) . CONSENT (X) BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart Planning and Development Services Business & Concurrency Manager ~~ J.J. Taylor Distributing Florida, Inc. -Request for Job Growth Investment Grant (JGIG) Incentives See attached memorandum. 001-5215-582000-500 County Job Incentive September 22, 2008 Board approval of a Letter of Intent to provide economic development incentives. Board approval of Job Growth Investment Grant JGIG-11-002 in the amount of $156,600 phased over five years based upon the hiring of 72 employees at an average wage of $22.36 per hour. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 REGULAR CONCURRENCE: Faye 1/V. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) ~,~w- OMB Director aniel McIntyre K Q.:.,xv w~,t,~ Originating Dept. ( ) _ Budget Analyst Mark Satterlee ~, e Marie Gouin --, ~ Sophia Holt Planning and Development Services Department Business &Concurrency Management Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Direct FROM: Michael Brillhart, Business &Concurrency Manager C~~ DATE: June 7, 2011 SUBJECT: J.J. Taylor Distributing Florida, Inc. -Request for Job Growth Investment Grant (JGIG) Incentives ITEM NO. VI-F2 BACKGROUND: J.J. Taylor Distributing has requested economic development incentives to include an Ad Valorem Tax Abatement and a Job Growth Investment Grant (JGIG). Please see the attached letter from the Economic Development Council (EDC) dated February 28, 2011. J.J. Taylor is an existing beverage distribution company that has relocated to St. Lucie County and implemented operations at their new facility in Crossroads Commerce Park located just south of SR70 /Okeechobee Road in Fort Pierce in 2010. Distribution Center is included in St. Lucie County's targeted industry list. The hourly wage of $22.36 for 72'employees is above the County's average hourly wage of $15.24. Based upon the number of employees and the average wage, staff has calculated a maximum JGIG grant for the company in the amount of $156,600 phased over five years ($31,320 per year). RECOMMENDATION: Board approval of Job Growth Investment Grant JGIG-11-002 in the amount of $156,600 phased over five years based upon the hiring of 72 employees at an average wage of $22.36 per hour. ~`, ~ .. .:;, t; :. .. .:r. .-.,,.. ,,,:~. ...: ..:: ~..::.- ~ C~ i,t N7 Y ~` .- :~ .. AGENDA REQUEST ITEM NO. VI-F3 DATE: 06/07/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: (~) APPROVED ( ) OTHER County Attorney BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart Planning and Development Services Business & Concurrency Manager ~,~/~ Professional Golf Car Corporation of Florida -Request for Job Growth Investment Grant (JGIG) Incentives See attached memorandum. 001-5215-582000-500 County Job Incentive April 13, 2010 Board approval of a Letter of Intent to provide economic development incentives. Board approval of Job Growth Investment Grant JGIG-11-003 in the amount of $66,000 phased over three years based upon the hiring. of 40 employees at an average wage of $17.42 per hour. ( ) DENIED Appr®ved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator CoordinationlSignatures ( ) ,~~, ,~„rc~rr~ OMB Director Daniel McIntyre Ori inatin De t. 9 g p ( ) Mark Satterlee Budget Analyst ~.~.~f~~ ( ) Mari Gouin ~~ `I-'~" Sophia Holt -.~ ,: TO: Board of County Commissioners MEMORANDUM THROUGH: Mark Satterlee, AICP, Planning & Development Services Direct FROM: Michael Brillhart, Business &Concurrency Manager ~~~ DATE: June 7, 2011 SUBJECT: Professional Golf Car Corporation of Florida -Request for Job Growth Investment Grant (JGIG) Incentives ITEM NO. VI-F3 BACKGROUND: Professional Golf Car Corporation of Florida (PGCC) include an Ad Valorem Tax Abatement and a Job attached letter dated March 1, 2010 from PGCC. has requested economic development incentives to Growth Investment Grant (JGIG). Please see the Professional Golf Car is an existing golf car manufacturing and sales and service company that relocated its corporate headquarters, main showroom, maintenance, and storage facility to Nexus Park along SR70 in Fort Pierce in early 2011. This type of activity is included in St. Lucie County's targeted industry list under Administrative and Support Services. The hourly wage of $17.42 for the projected 40 employees is above the County's average hourly wage of $15.24. The maximum JGIG grant amount for PGCC is $66,000 phased over three years ($22,000 per year). An ad valorem tax exemption economic development incentive was included as part of the original letter of intent approved by the Board. However, due to the startup of this .business after January 1, 2011, the Property Appraiser's Office was not able to calculate an assessed or taxable valuation for the capital improvements made by the company for the upcoming tax year. As such, a tax exemption ordinance will come to the Board for review and consideration in early 2012. RECOMMENDATION: Planning and Development Services Department Business &Concurrency Management Division Board approval of a Job Growth Investment Grant JGIG-11-003 in the amount of $66,000 phased over three years based upon the hiring of 40 employees at an average wage of $17.42 per hour. ITEM NO. VI-G1 DATE: 617111 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer ~~~ SUBJECT: White Way Dairy Road Culvert Improvement Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: .101-4115-563005-19014E -Tropical Storm Fay PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the White Way Dairy Road Culvert Improvement Project. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approve 40 (Comm. Hutchinson abstaining from vote.) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) G~ OMB Director Daniel McIntyre Budget Analyst Originating Dept. (x) ~ - County Engineer Do ald West Road & Bridge (x) ~`~ Manager Donald Pauley White Way Dairy Road acceptance.ag (x) '~' (Cv` M:' Gouin y .. Michael Powley ~ l ~FI }EY F'~ ~ F IF~ e' 7 ~'~Y' n Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer ~ DATE: June 7, 2011 SUBJECT: White Way Dairy Road Culvert Improvement Project ITEM NO. VI-G1 Background: Tropical Storm Fay severely damaged the White Way Diary Road crossing of 5-Mile Greek in 2008. After several design attempts and two separate biddings, the culvert reconstruction is now complete. The project was completed within the original- bid award; none of the ten-percent contingency was spent. Staff has monitored the construction throughout and finds it to be in conformance to the plans and specifications. Previous Action: March 4, 2009 -Work Authorization No. 7 for $24,881.29 executed by the County Administrator. April 30, 2009 -First Amendment to Work Authorization No. 7 for a time extension. May 19, 2009 -Board authorized staff to utilize emergency bidding procedures along with the Local Economic Stimulus Ordinance for repair of the crossing. September 15, 2009 -Board authorized staff to reject quotes for White Way Dairy Road Culvert Improvement Project and approve the Second Amendment to Work Authorization No. 7 for roadway design services with Miller Legg in the amount of $39,400. March 25, 2010 -Third Amendment to Work Authorization No. 7 for a time extension. August 17, 2010 -Fourth Amendment to Work Authorization No. 7 (C07-07-387) for roadway design services with Miller Legg in the amount of $8,760. October 12, 2010 -Board approved bid award to Guettler Brothers Inc. in the amount of $304, 933. Recommendation: Board acceptance of the White Way Dairy Road Culvert Improvement Project. r AGENDA REQUEST ITEM NO. VI-G2 DATE: 6/7111 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer M~~ SUBJECT: Indian River Estates Stormwater Improvements -Phase II BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-4258 White City Canals 102001-3725-563000-425056 Indian River Estates Drainage Plan PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Second Amendment to the contract with Inwood Consulting Engineers, Inc. in the amount of $171,332. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED r,,. ~ __ I~ OTHER ~ ~- ~ Pulled i Faye W. Outlaw, MPA County Administrator County Attorney (x ) ,~ Coordination/Siclnatures ,~ t. ~ `" OMB Director Daniel McIntyre Budget Analyst Originating Dept. (x) Do ald West (x) _, Mari ouin County Engineer (x ) ~~~ mlcnaei rowie b~ rt ;~`)i IRE PH II Amend 2.ag Engineering Division -4 MEMORANDUM TO: Board of County Commissioners ,A~ THROUGH: Donald West, Public Works Director u"~ FROM: Michael Powley, County Engineer M~ DATE: June 7, 2011 SUBJECT: Indian River Estates stormwater Improvements -Phase II ITEM NO. VI-G2 Background: The Indian River Estates (IRE) Phase II project continues the goals of the Phase I pump station built on the corner of Midway Road and Sunset Drive. Phase II replumbs the majority of the IRE neighborhood so that gravity drains the neighborhood to the north. The flows towards the pump station will be both over land in road side swales and in underground stormwater pipes within the rights-of way of the local neighborhood roads. As this project develops and the design becomes more detailed, it is clear that we cannot afford all of the improvements we desire. In order to keep the project feasible within its current grant funding level, compromise is necessary. Where before we intended to implement full County-standard design features including paved shoulders and sidewalks on the internal roadways that are impacted, it is clear that we simply cannot afford to achieve this. As these are local roads, the discretion is ours. Where compromise occurs, however, it will not be at the expense of potential drainage improvements. It is our intention to identify all improvements not directly related to removing stormwater from the IRE neighborhood as alternatives in our bidding. This will allow us to proceed with stormwater improvements and to include other improvements as the budget allows. This change will require modifications of the plan set. This is one of the goals of the attached amendment (Attachment A). It bears mentioning that the plan set is in excess of 800 pages thus far; the largest plan set yet created by Engineering Division and almost twice the size of its nearest rival Lastly, as we develop a very detailed analysis of the stormwater performance of the neighborhood, multiple computer model analyses to help fine tune our design become achievable. The information generated will assist in determining optimal locations of trunk mains, pipe sizes and runs, and desirable settings for the multiple pumps in the pump station. These analyses will also provide time estimates for the neighborhood to recover from the various standardized storm events. While this information is critically important for our use, we anticipate that our grant partners will eventually ask for these demonstrations as well. This is the second goal of the amendment. ~"' ~ -~ - - AGENDA REQUEST ITEM NO. VlI -l4 ~• • ~ DATE: June 7, 2011 REGULAR [] PUBLIC HEARING [XX] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUB ECT: 2011 Economic Development Exemption Application - J.J. Taylor Distributing Florida, Inc.; Ordinance No. 11-019 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 11-019 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [~j APPROVED [ ] .DENIED ~`~~--~_______--_~ -~~ [ ]OTHER. `"`~~~~ Approved 5.0 Faye W. outlaw, MPA County Administrator ~, Review and Approvals County Attorney ~./%~/ Management ~ Budget Purchasing: Daniel 5. McTntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. N0. 11-467 DATE: May 4, 2011 SUBJECT: 2011 Economic Development Exemption Application - J. J. Taylor Distributing Florida, Inc.; Ordinance No. 11-019 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 economic ad valorem tax exemption. Also attached isResolution No. 03-258 adopted on October 28, 2003 establishing a propertytax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses Attached is an application filed by J. J. 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 of the Property Appraiser are contained in the application. As the memorandum states, J. J. 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% Year 5 - 20% AGENDA REQUEST ITEM NO. VII-B DATE: June 7, 2011 REGULAR[] TO. BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING [x] Leg. [ ] Quasi-JD [x] CONSENT[] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Public Hearing to declare certain real property to be surplus BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 18, 2002 -Board of County Commissioners npproved Ordinance No. 02-18 - Disposition of Surplus Renl Property. August 17, 2010 -Board of County Commissioners approved Ordinance No. 10-029 amending Section 1-16.2-6 of Ordinance No, 02-18. February 15, 2011 -Board of County Commissioners npproved permission to advertise a Public Hearing on March 22, 2011, March 22, 2011- Board of County Commissioners approved permission to advertise Ordinance No. 11-014 and continued the Public Hearing until June 7, 2011. May 3, 2011 -Board of County Commissioners approved Ordinance No, 11-014. RECOMMENDATION: Staff recommends that the Board declare the attached list of thirty-one (31) parcels surplus and direct staff to dispose of the parcels according to Ordinance No, 11-014. COMMISSION ACTION: CONCURRENCE: [~] APPROVED [ ]DENIED [ ]OTHER.r~-- Approved 5.0 Faye W. outlaw, MPA County Administrator Review and Approvals [x] County Attorney: ~ ~h'l [ ]Environmental Resources: [ ]County Engineer; Heather Young for Daniel McIntyre i [x] Originating Dept.: -~ h'\R-' [x] Housing & Community Services: _~,~'! [ ]Airport; JoAnn Riley Beth Ryder 5:\ACQ\WP\SURPlUS PROPERTIES\2011 Agenda Request Public Hearing 6.7,ll,wpd INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO. Board of County Commissioners FROM JoAnn Riley, Property Acquisition Manager DATE: June 7, 2011 SUBJECT: Public Hearing to declare certain real property to be surplus BACKGROUND: As authorized by Section 125.35, Florida Statutes, the Board of County Commissioners adopted Ordinance No. 02-18, Ordinance No. 10-029 and Ordinance No. 11-014, prescribing an alternative method to sell and convey real property owned by the County. The attached list of thirty-one (31) parcels were conveyed to St. Lucie County by Tax Deed, These vacant parcels are located throughout the County as shown on the attached map. The parcels range in size from .O1 acres to .39 acres. The Property Acquisition Division issued a memorandum to all departments requesting that they advise if there was any interest for these parcels, No department expressed an interest in these parcels. Section 1-16.2-6 of the Code of Ordinances of St. Lucie County requires the County to publish a notice in a newspaper of general circulation once at least twenty (20) days prior to the Board of County Commissioners' hearing in which the real property is to be declared surplus. On February 24, 2011, we published a Notice of Intent in the St, Lucie News Tribune advertising a Public Hearing to be held on March 22, 2011. The Board continued the March 22, 2011 Public Hearing to June 7, 2011 to allow staff time to modify Ordinance No, 02-18 to include procedures for disposition of property that is unbuildable or valued at less than $25,000, On May 3, 2011, the Board approved Ordinance No. 11-014. RECOMMENDATION: Staff recommends that the Board declare the attached list of thirty-one (31) parcels surplus and direct staff to dispose of the parcels according to Ordinance No, 11-014. Respectfully submitted, Ann Riley Property Acquisition Manager 5:\ACQ\WP\SURPLUS PROPERTIES\2011 Agenda Memo Public Hearing 6.7.ll.wpd ITEM NO. DATE: AGENDA REQUEST REGULAR CONSENT TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: BOARD OF COUNTY COMMISSIONERS County Attorney Ordinance No. 11-017 Pain Management Clinics See CA11-412 N/A PUBLIC HEARING vn-c 06/07/11 ( ) (X ) ( ) PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney 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 June 21, 2011, at 9 a.m. or as soon thereafter as may be heard. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) OMB Director ( ) Budget Analyst Daniel S. McIntyre Planning and (X) ERD ( ) Development Services (Mark Satterlee) (Name) (Name) (Name) ® h - TO: Board of County Commissioners COUNTY ATTORNEY MEMORANDUM FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA11-412 DATE: June 7, 2011 SUBJECT: Ordinance No. 11-017-Pain Management Clinics ITEM NO. VII-C Background: 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 AGENDA REQUEST ITEM NO. VII-D Date: June 7, 2011 Regular [ ] Public Hearing [X] Consent[ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney PRESENTED BY: 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 Secondhand Dealers BACKGROUND: See C.A. No. 11-0564 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners adopt proposed Ordinance No. 11-010 as drafted. COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 Motion to implement ordinance on January 1, 2012. CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: '1~~./J5'ah Mgt. & Budget: Daniel 5. McIntyre Originating Dept.: Growth Mgmt: Finance (Check for Copy only, if applicable): Purchasing: Other : INTER-OFFICE MEMORANDUM ST. I.UCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 11-0564 DATE: June 1, 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 Secondhand Dealers BACKGROUND: Pawnbrokers are currently regulated pursuant to the Florida Pawnbroking Act codified as Chapter 529, Florida Statutes, which establishes certain recordkeeping and holding requirements for pawnbroker transactions. Although counties may adopt ordinances regarding pawnbrokers, Section 539.001(20) prohibits a county from adopting an ordinance which is more restrictive or in conflict .with the provisions of Chapter 539. Among the requirements of Chapter 539 is a thirty (30) day holding period for articles obtained through a pawn transaction and electronic reporting requirements for such transactions. Although secondhand dealers are also regulated by the State under Chapter 538, Florida Statutes, they are only required to hold articles for fifteen (15) days and do not have the same reporting requirements. Section 538.17, Florida Statutes, expressly provides, however, that a local government may enact more stringent requirements for secondhand dealers. Accordingly, the Sheriff has requested that the County amend the Code of Ordinances to establish more stringent record keeping and holding period requirements for secondhand dealers to mirror those in place for pawnbrokers. Proposed Ordinance No. 11-010 has been drafted to address the Sheriff's request. If adopted, the ordinance 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. All pawnbrokers and secondhand dealers would still be subject to annual business tax. As requested by the Sheriff, the holding period for secondhand goods would be extended from fifteen (15) to thirty (30) days. In addition, the ordinance authorizes the Sheriff to designate an electronic reporting system for transactions by both pawnbrokers and secondhand dealers. The transaction information which a pawnbroker must provide is already addressed in Section 539.011(8). A secondhand dealer would now be required to provide the same information when reporting a transaction to the Sheriff.