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HomeMy WebLinkAbout9-18-2012 Signed AgendasAGENDA REQUEST TO: EROSION DISTRICT SUBMITTED BY(DEPT): County Attorney ITEM NO. IV DATE: September 18, 2012 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: Daniel 5. McIntyre County Attorney SUBJECT: Resolution No. 12-009 -Authorizing Issuance of the St. Lucie County Erosion District Special Assessment Revenue Bond, Series 2012 (South Hutchinson Island Beach and Dune Restoration Project) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommendsthattheBoardadoptResolutionNo.12-009 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: - _ CONCURRENCE: {~~ APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Nev'ew and AOerovals County Attorney: ~' Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Solid Waste Mgr.: County Eng Finance: (Check for copy only, if applicable) Eff.6/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA T0. Erosion Control District FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 12-1028 DATE: September 11, 2012 SUBJECT: Resolution No. 12-009 -Authorizing Issuance of St. Lucie County Erosion District Special Assessment Revenue Bond, Series 2012 (South Hutchinson Island Beach and Dune Restoration Project) ####i#####################i##########R####i#######i###i##i####it#####i############ BACKGROUND: The Erosion District and the County have cooperated in establishing a beach and dune restoration project (the "Project"). The plan to finance the Project involves three primary funding sources: 1. Erosion District "Zone E" funds 2. Grant funding from the State of Florida Department of Environmental Protection (FDEP) 3. Special Assessment levied on benefitted real property The special assessments were levied pursuant to District Resolution Nos. 12-OS and 12-08. In order to proceed with the Project, the Districtwill need to issue special assessment bonds in an amount not to exceed $4,904,000. The District issued a Request for Proposals from financial institutions that would be interested in providing funds for the Project. Three institutions responded: TD Bank, SunTrust Bank and PNC Bank. The County's Financial Advisor has reviewed the proposals and is recommending that the District award the proposal to TD Bank. A copy of Mr. Glover's September 10, 2012 email, along with a summary of the proposals received, is attached. Also attached to this memorandum is a copy of draft Resolution No. 12-009 prepared by the County's Bond Counsel. Adoption of the Resolution would authorize the issuance of St. Lucie County Erosion District Special Assessment Revenue Bond, Series 2012 in an amount not to exceed $4,904,000. The security for the Bonds would be a lien upon and a pledge of the special assessments. No other County revenue source would be pledged for the repayment of the bonds. ADIJd 41(JN AGENDA REQUEST ITEM NO. IV-B DATE: September 18, 2012 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT]: County Attorney Daniel S. McIntyre County Attorney SUBJECT; Resolution No. 12-188 -proclaiming September 2012 as "WORLD ALZHEIMER'S MONTH" and September 21, 2012 as "WORLD ALZHEIMER'S ACTION DAY" in St. Lucie County, Florida. BACKGROUND: Linda Balogh, Advocacy and Public Policy Coordinator, Alzheimer's Association Southeast Florida Chapter, has requested thatthis Board proclaim the month of September 2012 as "WORLD ALZHEIMER'S MONTH" and September 21, 2D12 as "WORLD ALZHEIMER'S ACTION DAY" in St. Lucie County, Florida. The attached Resolution No. 12-188 has been drafted for that purpose. Staff recommends that the Board adopt the attached Resolution No. 12-188 as drafted. CONCURRENCE; ,[~} APPROVED [ ]DENIED ---_ [ ]OTHER: Approved 5.0 ' Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X) County Attorney: h'4J Daniel S, McIntyre RESOLUTION NO. 12-188 A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER 2012 AS "WORLD ALZHEIMER'S MONTH" AND RECOGNIZING SEPTEMBER 21, 2012 AS "WORLD ALZHEIMER'S ACTION DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The nation and the State of Florida observe Worid Alzheimer's Month during the month of September. 2. Alzheimer's disease,aprogressive,neurodegenerativebraindisordertragicallyrobs individuals of their memories and leads to progressive mental and physical impairments. 3. An estimated 5.4 million Americans have Alzheimer's disease, including an estimated 523,000 in the state of Florida and 8,200 in St. Lucie County. As many as 200,OOOofthose are individuals underage 65 havingyounger-onset Alzheimer's. 4. Alzheimer's disease is the sixth leading cause of death in the United States. This eventually fatal disease is a serious and growing threat to the health of our world, 5. The human cost of Alzheimer's disease is staggering. In 2011, 15.2 million caregivers provided over 17.4 billion hours of unpaid care. 6. Theannualcosttoourcountryintotalpaymentsforhealthcare,long-term care and hospice for people with Alzheimer's disease was $210.5 billion in 2011. 7. In recognition of the individuals, families, friends and caregivers dealing with Alzheimer's disease and the researchers who are seeking a cause or cure, the State of Florida and St. Lucie County recognize the efforts of the Alzheimer's Association to raise funds and promote awareness to fight Alzheimer's disease and related disorders, thereby improving the quality of human life for those living with Alzheimer's disease and their caregivers. 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 September 2012 as "WORLD ALZHEIMER'S MONTH" and recognizes September 21, 2012 as "WORLD ALZHEIMER'S ACTION DAY" in St. Lucie County, Florida. AGENDA REQUEST ITEM NO. VI-B-1 DATE: 9-18-12 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Daniel S. McIntyre, County Attorney Mark Godwin, Criminal Justice Coordinator SUBJECT: Request to intervene and have St. Lucie County join the Rule Challenges against the Florida Department of Juvenile Justice (which is currently on Appeal) for improper detention services billing. BACKGROUND: Please see attached Memorandum CA No. 12-0938. FUNDS AVAIL: FY 11/12 budget $1,361,122 Acct. String 107-2350-549920-200 PREVIOUS ACTION: See attached Memo CA No. 12-0938 outlining State budget requirements RECOMMENDATION: Staff recommends the Board approve inferveriing on the Rule Challenges against Florida Department of Juvenile Justice for improper detention services billing, and to obtain the benefit of the decision in the cost allocation St. Lucie County needs to be party to the challenges related to the individual calculations for Fiscal Years 2009-2010 and 2010-2011. COMMISSION ACTION: APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 [X] County Attorney: '" ~/ Dan McIntyre CONCURRENCE: ~~? - ~' ~~ Faye W. Outlaw, MPA, ICMA-CA County Administrator Review and Approvals [x] Management & Budget: ~~~ I~ [ Marie Gouin. Director County Attorney MEMORANDUM12-0938 TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney Mark J. Godwin, Criminal Justice Coordinator`A,- DATE: September 19, 2012 `~ SUBJECT: Request to intervene and join Rule Challenges against Florida Department of Juvenile Justice for improper detention services billing ITEM NO. VI B 1 Backaround: Due to the Department of Juvenile Justice improperly charging Florida Counties for juvenile detention costs, fourteen Counties along with the Florida Association of Counties have successfully challenged how much counties have paid for detention costs. Based upon the successful Rule Challenge (which is currently on Appeal) St. Lucie County would be entitled to a greater credit than what we received in State FY 09-10 and FY 10-11. It is estimated that in FY 09-10, counties were paying $271 per day for each detention day while the State was paying orily $255 per day. Under this scenario, St. Lucie County, in FY 09-10, would be entitled to receive a credit of $117,776 and using that same per diem as applied to FY 10-11, we would be entitled to an additional $79,792. Also struck down by the Rule Challenge was a provision that calculated the obligation of the County in a manner that was contrary to the Statute. The County's obligation under the Statute is for any detention days prior to "Final Court Disposition". The Department of Juvenile Justice new rules changed that so that they were responsible only for those days after final court disposition where the juvenile was committed to the State. Therefore, when a juvenile remained in detention after court disposition awaiting release or transfer, those days were counted as the County's obligation even though they were after-final court disposition. It also shifted probation violations to the County. The first year that this was treated this way was in FY 09-10. As a result, the pre disposition days allocated to the County during FY 09-10 and°10-11 are overstated. By comparison, in FY 08-09, the per diem disparity (where the dividing line was closer to the statutory requirement) was much greater because in that year, DJJ was using the statutory Final Court Disposition and not the Committed Disposition status. In that year, the per diem was $284 per day for a county detention day and $127 per day for a post disposition DJJ day. Therefore, when DJJ has to calculate actual costs, they will need to address these additional days which would anticipate St. Lucie County to receive even more of a credit. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [k]' APPROVED [ j DENIED [ ]OTHER: Approved 5.0 ITEM NO. VI-B.2 DATE: September 18, 2012 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Katherine D. Barbieri Assistant County Attorney Resolution No. 12-158 - Sunset the Honorary Recognition Committee See attached memorandum Staff recommends that the Board approve Resolution No. 12-158 and authorize the Chairman to sign the Resolution. Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals County Attorney: Management & Budget Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: Finance: (Check for copy only, if applicable) Purchasing: County Eng. Eff.6/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO.: 12-0969 DATE: August 23, 2012 SUBJECT: Resolution No. 12-158 -Sunset the Honorary Recognition Committee •**+****+**-****************r*~*******************~*+x*****+****~****************w* BACKGROUND: On December 13, 1988, the Board adopted Resolution No. 88-206 which created the Honorary Recognition Committee and established its duties and functions. The duties and functions of the Committee were amended on April 7, 1992 by Resolution No. 92-108. As the Committee has not met in many years and has become obsolete, it is necessary to sunset the Committee. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 12-158 and authorize the Chairman to sign the Resolution. Respectfully submitted, )~, Katherine Barbie Assistant County Attorney KDB/caf AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.3 DATE: September 18, 2012 REGULAR (] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Permission to File Suit for Breach of Contract - Gametime/ Dominica Recreation Products, Inc. BACKGROUND: See CA No. 12-0983 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the County Attorney's Office to file suit for breach of contract. COMMISSION ACTION: CONCURRENCE: ,(APPROVED [ ]DENIED [ ]OTHER: ~~ ~ ~ Approved 5.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM aeview and Aoorovals County Attorney: ~ Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Parks, Rec. & Facilities Dic County Eng. Ed Matthews Finance: (Check for copy only, if applicable) Eff.6/96 COCI NTY `~`'' F L O R I D A INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO.: 12-0983 DATE; August 27, 2012 SUBJECT: Permission to File Sult for Breach of Contract - Gametime/Dominica Recreation Products,lnc. ###fiiii#####i#ii###i#i########i#iiii####i###ii#i###ii#######i######iii#i#####ii## On December 8, 2009, the County entered into a contract with Dominica for the purpose of purchasing and installing ADA accessible playground equipment, safety surfacing and site amenities at the River Park Marina located at 500 East Prima Vista Boulevard, Port St. Lucie. Under the contract, Dominica was required to purchase and install the playground on a safety surface and guarantee to repair, replace or make good to the satisfaction of the County any defect in workmanship or material appearing in the work and further guarantee the successful performance of the work for the service intended. A letter was sent to Dominica on April 25, 2012, putting Dominica on written notice of a violation (copy attached). On July 26, 2012, the County sent another letter to Dominica requiring the removal and replacement of the surface (copy attached). To date, the surface remains deficient and defective. Dominica has failed and refused to replace or repair the safety surface. RECOMMENDATION /CONCLUSION: Staff recommends that the Board authorize the County Attorney's Office to file suit for breach of contract. Respectfully submitted, It/~ Katherine Barbien Assistant County Attorney KB/caf Attachments AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTEDBY(DEPTJ: County Attorney ITEM NO. VI-B:4 DATE: September 18, 2012 REGULAR [J PUBLIC HEARING [J CONSENT [XXJ PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Non-Exclusive Service Agreement for the Collection of Solid Waste and Recyclable Materials in St. Lucie County, Florida BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the form of Non- Exclusive Service Agreement and authorize the County Administrator or designee to sign the Agreements. COMMISSION ACTION: J~ APPROVED [ J DENIED [ ]OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM t//,,(~~. - Review antl Approvals County Attorney: t~"~ Management &BUdget - P cworks Dir.: Daniel S. McIntyre Don West Originating Dept. Solid Was[e Dir.: ~'~ County Eng.: Ron Roberts Finance: (Check for copy only, if applicable( Eff. 5/96 INTER-OFFICE MEMORANDUM 5T. LUCIE COUNTY, FLORIDA TO; Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-1000 DATE: August 30, 2012 SUBJECT: Non-Exclusive Service Agreement for the Collection of Solid Waste and Recyclable Materials in St. Lucie County, Florida #ii###i#i#i##iiii####ii###iti##########sRii##iiiii####ii##i######iii######i###i### BACKGROUND: Attached to this memorandum is a proposed form of aNon-Exclusive Service Agreement forthe Collection of Solid Waste and Recyclable Materials in St. Lucie County, Florida. The proposed Agreement allows contractors, on anon-exclusive basis, to provide: (1) Recyclable Materials Collection Service to Commercial Property located in the County Service Area; and (2) Solid Waste Collection Service and Recyclables Collection Service to Residential Property located in the Rural Service Area; and (3) Construction and Demolition Debris Collection Service to Residential Property and Commercial Property located in the County Service Area RECOMMENDATION/CONCLUSION Staff recom mends that the Board approve the form ofNon-Exclusive Service Agree ment a nd authorize the County Administrator or designee to sign the Agreements. DSM/caf Attachment AGENDA REQUEST ITEM NO. VI.B.S T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney Date: Se~fGrT~ bcv Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney r1~3 IQ~, 20t2~ SUBJECT: Humane Society of St. Lucie County, Inc. -First Amendment to December 21, 2011 Agreement for Animal Shelter Services BACKGROUND: See C.A. No. 12-894 FUNDS AVAIL.(State type & No. of transaction or N/A): Sufficient funds for these expenses have been included in the proposed Fiscal Year 2012/13 budget. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed First Amendment to the December 21, 2011 agreement with Humane Society of St. Lucie County, Inc., and authorize the chairman to sign the First Amendment. COMMISSION ACTION: (~ APPROVED [ ]DENIED (]OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, M.P.A., ICMA-CM County Ad m i n istrato r Coordination Si natur County Attorney: ~~~^ Mgt. & Budget: ~ Purchasing: aniel Mcl re arie Gouin Originating Dep .~ Other :_ lack Southard Finance (Check for Copy only, if applicable): Other: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 12-894 DATE: September 5, 2012 SUBJECT: Humane Society of St. Lucie County, Inc. -First Amendment to December 21, 2011 Agreement for Animal Shelter Services BACKGROUND: Attached to this memorandum is a copy of the proposed First Amendment to the December 21, 2011 agreement with Humane Society of St. Lucie County, Inc. to provide animal shelter services to the Animal Control Division and residents of the unincorporated areas of the County. The amendment would extend the term of the agreement through and including September 30, 2014. The current annual rate of two hundred thirty-six thousand five hundred and no/100 dollars ($236,500.00) plus twelve and 00/100 dollars per wildlife cremation would remain unchanged during the extension. Although the Humane Society's shelter is not located within the unincorporated areas of the County, the Humane Society has also agreed to incorporate any generally recognized and accepted standards applicable to open admission animal shelters adopted by the Board of County Commissioners and cooperate with inspection of its facilities by the County. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed First Amendment to the December 21, 2011 agreement with Humane Society of St. Lucie County, Inc., and authorize the chairman to sign the First Amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ AGENDA REQUEST ITEM NO. VI-B-6 DATE: September 18, 2012 REGULARj] PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [x] T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBMITTED BY (DEPT.): County Attorney SUBJECT: Sidewalk Easement and Easement Purchase Agreement Florida Power & Light Company Parcel 1. D. 3417-113-0000-000/6 Resolution No.12-172 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: 318-4113-563000-470 County Capital, Transportation Bond N/A PREVIOUS ACTION: May 11, 2010 -Board approved IPA No.427660-1-58-01 with FDOT in the amount of $381,000 for St. lames Drive Sidewalk Phase II. November 1, 2011 -Board approved to reject bids, modify design to reduce project scope and authorized staff to rebid St. James Drive Pedestrian Walkway Phase II. June 5, 2012 -Board accepted Sidewalk and Drainage Easements and a Permanent Slope Easement from River Place on the St. Lucie Community Development District. RECOMMENDATION COMMISSION ACTION: ]>(] APPROVED [ ]DENIED [ j OTHER Approved 5.0 [x]County Attorney: [`~~ Daniel McIntyre [x] Originating Dept: 5~~' JoAnn Riley Staff recommends that the Board approve the Easement Purchase Agreement, accept the Easement Agreement from Florida Power & Light Company, contingent upon the Board approval of a-bid award to Melvin Bush Constructidn (Agenda Item No. VI-E2), authorize the Chairman to sign the Easement Purchase Agreement, Easement Agreement and Resolution No. 12-172, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals a. [x] Road and Bridge. .P Don Pauley [x] Engineering: ~~~ Michael Powley [x] Public Works: Don West AGENDA REQUEST ITEM NO. VI-B.7 DATE: September 18, 2012 REGULAR [ ] PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [x] T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Deborah Armstrong 271 NE Mainsail Street River Park BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Deborah Armstrong to record the Revocable License-Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [S~] APPROVED [ ]OTHER Approved 5.0 CONCURRENCE: [ ]DENIED -- --__~~ Faye W. Outlaw, MPA County Administrator, ICMA-CM [x] County Attorney: aF'- Daniel McIntyre (x] Originating Dept: Jm~- JoAnn Riley Review and Approvals [x] Road and Bridge:~~~ Don Pauley ~~ ~ [x] Engineering: Mike Powley [x] Public Works:" Don We AGENDA REQUEST ITEM NO. VI-B.8 DATE: September 18, 2012 REGULAR [ ] PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [x] T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Mr. & Mrs.lustin Campbell 172 NE Jardain Road River Park BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A .- PREVIOUS ACTION: N/A PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Campbell to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [X,]APPROVED [ j OTHER Approved 5.0 CONCURRENCE: [ ]DENIED ~~] ] 3 Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [x] County Attorney: ~l ~~ Daniel McIntyre [x] Originating Dept: Jmr loAnn Riley [x] Road and Bridge: DiP Don Pauley h,[ ~rt)) [x) Engineering: Mike Powley [x] Public Works: Don We t AGENDA REQUEST ITEM N0. VI-B.9 DATE: September 18, 2012 REGULAR.[] PUBLIC HEARING [J CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 12-020 - Pretreatment of Wastewater -Permission to Advertise BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff requests permission to advertise Ordinance No. 12-020 for a public hearing on October 23, 2012 at 6:00 p.m. or as soon thereafter as the item may be heard. COMMISSION ACTION: CONCURRENCE: ~(] APPROVED [ ]DENIED - [ ]OTHER: -'--~ -_I -~ ~~'_`~ Approved 5.0 Faye W, outlaw, MPA County Administrator, ICMA-CM Review and Aoarovals County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Utilities Dir.: County Eng.:. curie Waldle Finance: (Check for copy only, if applicable) Eff.S/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-1024 DATE: September 7, 2012 SUBJECT: Ordinance No. 12-020 -Pretreatment of Wastewater -Permission to Advertise ssssssssssssss ssssssssssssssssssssssssssssssssssssssssssssss-*ssssssssss-assssssss BACKGROUND: The St. Lucie County Water and Sewer District ("District") owns, operates and controls wastewater treatment and disposal systems for the collection, transmission, treatment and disposal of wastewater and wastewater residual. In addition, the District also owns, operates and controls a wastewatercollection andtransmissionsystem which deliverswastewatertoSouthHutchinson Island Water Reclamation Facility which is owned, operated and controlled by the Fort Pierce Utilities Authority ("FPUA~ for treatment and disposal, pursuant to the Agreement between FPUA and St. Lucie County for provisions of bulk water, wastewater and reclaimed water service. The District desires to comply with Its operating permits with the State of Florida Department of Environmental Protection ("DEP) for its W WTFs a nd to comply with the requirements of the Bulk Service Agreement and regulations issued by the DEP and the United States Environmental Protection Agency. The District previously adopted Ordinance No. 30-012 to implement its wastewater pretreatment program. Ordinance No. 12-020, copy attached, would amend and update the provisions of Ordinance No. SO-012. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise Ordinance No. 12-020 for a public hearing on October 23, 2012 at 6:00 p.m. or as soon thereafter as the item may be heard. Ily su Daniel' County DSM/caf Attachment AGENDA REQUEST ITEM N0. VI-6.10 DATE; September 18, 2012 REGULAR [ ] PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [x] T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement River Watch Property Owners Association, Inc. across from 58 Aqua Ra Drive BACKGROUND: Please see an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct staff to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida COMMISSION ACTION: [X~] APPROVED [ ]OTHER Approved 5.0 CONCURRENCE: [ ]DENIED ~~ FayeVJ, Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [xJ County Attorney: l~` ~i Daniel McIntyre t [x] Originating Dept: J Mr`' JoAnn Rlley [ ]Road and Bridge: Don Pauley [x] EnvironmentaL• Karen Smith [ j Public Works: Don WestH/;~~ [x] Utilities: -~[ C/~` Laurie Waldie PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 18, 2012 SUBJECT: Revocable License Agreement River Watch Property Owners Association, Inc. across from 58 Aqua Ra Drive BACKGROUND: River Watch Property Owners Association, Inc. ("River Watch") contacted County staff requesting that landscaping be installed on three sides of the St. Lucie County Utilities wastewater lift station located across from 58 Aqua Ra Drive. River Watch has agreed to maintain the landscaping on three sides at their expense as set forth in the attached Revocable License Agreement for your review and approval. Any additions or relocation will be subject to the written approval of the County Utilities Director. Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct staff to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, <i ro ninvk `J Ann Riley Property Acquisition Manager AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT); County Attorney ITEM NO. VI-B-11 DATE: September 18, 2012 REGULAR. [] PUBLIC HEARING [J CONSENT [XX] PRESENTED BY. Daniel 5. McIntyre County Attorney SUBJECT: Local Option bas Tax Division of Proceeds Beginning January 1, 2013 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the annual redeterminntion set out in the nttoched memorandum and direct the County Attorney to notify the Department of Revenue of the redetermination by October 1, 2012: COMMISSION ACTION: CONCURRENCE: [~] APPROVED [ ]DENIED -~°~ [ ]OTHER:, ~-~ Approved 5.0 Faye W. Outlaw, MPA County Administrator c//~,~~ .Review and Approvals County Attorney: r .Management 6 Budget Purchasing, Doniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 . ~ COUNTY ~ F L D R I D A INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO. Board of County Commissioners FROM: Daniel 5. M`Intyre, County Attorney C. A. NO.: 12-1036 DATE: September 11, 2012 SUBJECT: Local Option bas Tax Division of Proceeds Beginning Januory 1, 2013 BACKGROUND: On May 12,1987, the Board approved interlocal agreements with the cities of Fort Pierce and Port St. Lucie concerning the allocation of the six (6) cent local option gas tax. In November, 1992, the State of Florido Department of Revenue notified the County that St. Lucie Village became eligible to receive a portion of the gas tax. As a result of that notification, on April 6, 1993, the Board amended the interlocal agreements with the cities of Fort Pierce and Port St. Lucie to include St. Lucie Village. For the periods beginning September i, 2009 through August 2012 the tax was distributed as follows; Recipient 2009-10 2010-2011. 2011-2012 Fort Pierce 17.9891% 18.2373% 18.1326% Port St. Lucie 59.1293% 60.0818% 62.1070% St, Lucie Village 0.0720% 0.0776% 0.0817% St. Lucie County 22.6096% 21.6033% 19.6787% The agreement provides that all subsequent divisions of the proceeds shall be redetermined by the County before January 1 of each succeeding year based on transportation expenditures for the five (5) fiscal years preceding the year in which the annual redetermination is made. 4DDITdt7N ~_ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.12 DATE: September 18, 2012 REGULAR [] PUBLIC HEARING [j CONSENT [XX] ADDITIONS PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: First Amendment to Exclusive Franchise Agreement for Commercial Waste with Waste Pro of Florida, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommendsthattheBoardapprovetheFirstAmendmentto the Exclusive Franchise Agreement an authorize the Chairman to sign the Agreement. APPROVED [ j DENIED - [)OTHER: -'-'~~ °~ Approved 5.0 Faye W. outlaw, MPA County Administrator, ICMA-CM Review antl Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.:~~ Public Works Dir.: Ron Roberts Do West Finance: (Check for copy only, if applicable) E ITEM ~®. vl~cl ®AT~: ~~~ ~s~ a A~~N®A R~~u~~T R~~I~~~,~ ( D c®NS~NT (x) T®: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks, Recreation & Facilities Regional Parks & Stadiums - Manager SUBJECT: Youth Sports Provider Facility Use Agreement -Fort Pierce Buccaneers, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Youth Sports Provider Facility Use Agreement between St. Lucie County and Fort Pierce Buccaneers Inc.; and authorization for the Chairman to sign documents as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: (Xj APPROVED ( ) DENIED --_ ___ ( ) OTHER --~-~ ~'' Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Sinnatures County Attorney (X) ~~~ Daniel McIntyre ' l" r _. Originating Dept. (X) l ~~ E ward Matthews OMB Director Budget Analyst ( ) Marie Gouin Purchasing ( ) Melissa Simberlund ~~~~~9 ~~~~~~~~®~l ~~~~9a~~~s TO: Board of County Commissioners //~~``~''~~~~ THROUGH: Edward Matthews, Director, Parks, Recreation,-arid Facilitie~~ ~ ~ , ~ ,~=~ FRONT: Guy D. Medor, Regional Parks and Stadiums Manager ~ _~~ a DP.TE: September 18, 2012 SUBJECT: Youth Sports Provider Facility Use Agreement -Fort Pierce Buccaneers, Inc ITEM NO. VI-CI Backnround: In 2005, the County entered into an agreement with the Fort Pierce Buccaneers, Inc to grant the right to use Lawnwood Football Stadium, located at 1302 Virginia Avenue, Fort Pierce, Florida, for the purpose of providing a youth football program to area residents 5 - 15 years of age. The aforementioned agreement expired in 2010 and has not been renewed. On August 14, 2012, County management staff met with the President of the organization to finalize the draft agreement. Staff is requesting the Board's approval to enter in a new two-year agreement, with two additional renewal periods of two years each. The term of this agreement is two years commencing on September 1, 2012, and may be renewed every two years through August 31, 2018, unless terminated by either party with 60 days written notice. Recommenda4ion: Board approval of the Youth Sports Provider Facility Use Agreement between St. Lucie County and Fort Pierce Buccaneers Inc., and authorization for the Chairman to sign documents as prepared by the County Attorney. ITEM NO. VI-C2 DATE: 09/18/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Edward Matthews SUBMITTED BY: Parks, Recreation, Facilities, & Director Tourism/Venues SUBJECT: Termination of the Concession Agreement C12-03-154 BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 20, 2012 -Board approved to award of RFP No. 11-034, for Concession Services for the Havert L. Fenn Center and the St. Lucie County Fairgrounds, to Domenick's Catering of Port St. Lucie Florida. Board approval to terminate Contract #C12-03-154 with Domenick's Catering as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED (yQ OTHER PULLED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordi nationlSip natu res County Attorney ( ) OMB Director ( ) Budget Analyst Originating Dept. ( ) Dean Mclntyre~/~ L~.~-~- ~~cr-~"0""1.~:.(~E' d=rte Edward Matthews 3~ I M. Gouin P. Marston ERD ( ) (Name) Department Name MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Parks, Recreation, Facilities, & Tourism/Venues Directo FROM: Edward Matthews, Parks, Recreation, Facilities, & Tourism/Venues DirectQ~ DATE: 9/18/2012 SUBJECT: Termination of the Concession Agreement C12-03-154 ITEM NO. VI-C2 Background: On March 20, 2012, the Board of County Commissioners approved the award of the bid for Concession services for Havert Fenn Center and St. Lucie County Fairgrounds to Domenick's Catering. As per the Concession Agreement [Article 16.02 D.], this termination is recommended without cause on ninety [90] calendar days following approval. The County will issue a new RFP for a replacement Concession Contract. Recommendation Board approval to terminate Contract #C12-03-154 with Domenick's Catering as outlined in the agenda memorandum. ITEM NO. VI-C3 DATE: 09/18/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED 1 Roger Shinn SUBMITTED BY: Parks, Recreation & Facilities Department Facilities Manager Facilities Division SUBJECT: Judicial Complex Security Master Plan Part 2 (Change Order No.1) BACKGROUND: See attached memorandum FUNDS AVAILABLE: 170-1930-564000-121600 Judicial Complex Security Master Plan PREVIOUS ACTION: October 11, 2011 the BOCC established a budget using Fund 170 Court Administration Reserves, part of which established funding in the amount of $670,000 for three parts or phases of a "Judicial Complex Security Master Plan." RECOMMENDATION: Board approval for Change Order No. 1 to Diebold Security for Part 2 of the Judicial Complex Master Plan in the amount of $130,612.54 and 92 additional days as outlined in the agenda memorandum and authorize the Chairman to sign the change order as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Sianatu res Faye W. Outlaw, MPA County Administrator. County Attorney ( ) ~~ Dan McIntyre Originating Dept. ( ) ~j~~~~ Ed Matthews OMB Director Budget Analyst Purchasing O ~1 Marie Gouin ( ) Melissa Simberlund FACILITIES DIVISION MEMORANDUM TO: Board of County Commissioners THROUGH: Ed Matthews, Parks, Recreation and Facilities Director FROM: Roger Shinn, Facilities Manager~~ `~ DATE: September 18, 2012 SUBJECT: Judicial Complex Security Master Plan Part 2 (Change Order No.1) ITEM NO. VI-C3 Background: October 11, 2011 the BOCC established a project budget using Fund 170 Court Administration Reserves, part of which established funding in the amount of $670,000 for three parts or phases of a "Judicial Complex Security Master Plan". Part 1 of the Master Plan, is currently contracted with Diebold Security, at a cost of $455,353.02. Presently, all of the hardware installation is complete and Diebold is working on programming the system with overall completion of Parts 1 and 2 in November 2012. With input and agreement, between the Sheriff, Court Administration and County Facilities, Master Plan Part 2 (Change Order No. 1) has been defined with a cost of $130,612.54 for items in the attached scope of work from Diebold Security. Funding for Part 2 will come from account: 170-1930- 564000-121600, Court Administration Reserves in the amount of $130,612.54. Recommendation: Board approval of Judicial Complex Master Plan Part 2 (Change Order No. 1) to Diebold Security as outlined in the agenda memorandum. Attachments 1 & 2 ITEM NO. VI-D1 DATE: 9-18-12 AGENDA REQUEST PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Housing and Community Services/Community Services SUBJECT: New Shelter Plus Care Grant BACKGROUND: See attached memorandum. PRESENTED BY: lam/ Stefanie Myers ~" ~ Community Services Manager FUNDS AVAILABLE: 001550-6420-331510-600 HUD Shelter Plus Care PREVIOUS ACTION: N!A RECOMMENDATION: Board acceptance of Shelter Plus Care grant FL0419C4H091100; Budget Resolution No. 12-169 and authorization for the Chairman to sign documents a5 approved by the County Attorney. . COMMISSION ACTION: (~ APPROVED O DENIED ( ) OTHER Approved 5.0 County Attorney ( ) CONCURRENCE: - _-_~ Faye W. Outlaw, MPA County Administrator, 1CMA-CM Coordination/Signatures OMB Director fls,~ Budget Analyst Daniel .McIntyre tl aa. r4~. ~ `7 s.r~~ Originating Dept. ( ) ,/~t~ ~y~' Beth Ryder Marie Gouin Sophia Holt SLCNewS+CBeds Housing and Community Services MEMORANDUM TO: Board of County Commissioners /~ f THROUGH: Beth Ryder, Director, '~ ~,,~ FROM: Stefanie Myers, Community Services Manager DATE: September 18, 2012 SUBJECT: New Shelter Plus Care Grant ITEM NO. VI - D1 Background: In conjunction. with the Treasure Coast Homeless Services Council (TCHSC), Community Services has been providing permanent housing support through Housing and Urban Development (HUD) Shelter Plus Care (S+C) grants since 2005 and 2007. S+C funds provide rental subsidies andlor utility payments on behalf of the chronically disabled clients served by Project Response, Veteran Services, and New Horizons of the Treasure Coast. The funds allow homeless individuals or families to obtain and maintain stable housing under the Housing Firs# model. The HUD grant is applied for by 7CHSC under a comprehensive competitive Treasure Coast Continuum of Care application and administered by the County. The initial S+C grant award covers afive-year period -with the potential for annual renewals thereafter. The new grant (FL0419C4H091100) of $289,680 will serve at least six chronically disabled homeless individuals or families until July 31, 2017. In-kind match is required and provided by New Horizons, Project Response and Veteran Services through the provision of case management, medical care, and other assistance that supports self-sufficiency. No cash or in-kind match is required from the County. Recommendation: Board acceptance of Shelter Plus Care grant FL0419C4H091100, Budget Resolution No. 12-169 and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Agreement FL0419C4H091100 Budget Resolutions 12-169 ITEM NO. VI-D2 DATE: 9118/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-,1D ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: `~ Corine C. Williams L' SUBMITTED BY: Housing and Community Services/ Transit Coordinator,('` Community Services -Transit SUBJECT: Federal Transit Administration (FTA) 5307 FY13 Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130114-4910-331421-400 Federal Transit Administration 5307 FY 2013 PREVIOUS ACTION: August 8, 2012 -County Administrator approved submission of FTA Section 5307 grant application. RECOMMENDATION: Board acceptance of FTA 5307 FL 90-X793 grant for $2,082,085, approval of the agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 12- 174, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: - CONCURRENCE: APPROVED ( ) DENIEp ( ) OTHER - ~ Faye W. Outlaw, MPA Approved 5.0 County Administrator, ICMA-CM CoordinationlSignatures ,~ rF County Attorney ( ) ~ f,. 03 ^~ OMB Director ( ) ~,~ /v Daniel S. McIntyre Budget Analyst Marie Gouin ' ~'--~^-~ `~°"'~ Sophia Holt ~~, Originating Dept. ( ) ~ =c%f~ rt`' Beth Ryder y~ Stefanie Myers Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Stefanie Myers, Community Services Manager FROM: Corine C. Williams, Transit Coordinator h,,,.g DATE: September 18, 2012 ~J" SUBJECT: Federal Transit Administration (FTA) 5307 Grant ITEM NO. VI-D2 Background: St. Lucie County was awarded ahnual funding from the Federal Transit Administration (FTA) Section 5307 with a total of $2,082,085, of which $1,228,968 is for operating expenses and $853,117 is allocated for capital purchases (up to $214,163 can be used for fuel provision). This is an increase of $60,279 from the prior year. These funds are allocated to the contracted transit provider. Operating funds require a match of $614,484 paid for by the Public Transit Municipal Services Taxing Unit (MSTU) and other funding sources provided by the Council on Aging (COA}, the contracted transit provider. The match for capital expenses will be met with Toll Revenue Credits (intangible formula used as a local match for Federal funding) of $213,279. Recommendation: Board acceptance of FTA 5307 FL 90-X793 grant for' $2,082,085, approval of the agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 12-174, as outlined in the agenda memorandum and authorization for the Chairman- to sign documents as approved by the County Attorney. Attachments:. Grant Cover Sheet Budget Resolution No. 12-174 Agreement with COA Toll Revenue Credit Letter ITEM NO. VI-E1 DATE: 9/18/12 Approved 5-0 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) County Attorney (X )YY~ CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ron Roberts `~ SUBMITTED BY: Public Works -Solid Waste Solid Waste Division Director SUBJECT: Award Bid #12-042 -Baling & Recycling Facility Force Main Revise CIP #12-025 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-599300-300 Reserves . PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to award of Bid #12-042 for the construction of the Baling & Recycling Facility Force Main to Centerline Utilities, Inc. in the amount of $525,116, revise CIP #12-025 to a total capital budget of $1,181,748 and authorize Chairman to execute documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (~) APPROVED ( ) DENIED ( ) OTHER --~? AGENDA REQUEST Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel S. McIntyre Purchasing (X) '> > • elissa Simberlund Public Works Director (X' ,1~~ '~'~~l17 Marie Gouin Robert O'Sullivan (X) ~ ~ Don West Solid Waste MEMORANDUM TO: Board of County Commissioners FROM: Ron Roberts, Solid Waste Division Director ~~ DATE: September 18, 2012 SUBJECT: Award Bid #12-042 -Baling & Recycling Facility Force Main Revise CIP #12-025 ITEM NO. VI-E1 Background: On August 15, 2012 bids were opened for the construction of the force main, 488 companies were notified, 37 bid documents were distributed and 2 bids were received. This project falls under the Local Preference Ordinance No. 09-005 and apprenticeship program. Prevailing wages not are applicable to this project. Centerline Utilities, Inc. was the low bidder at $525,116. Attached is an evaluation of bids from CDMSmith recommending award to Centerline Utilities, Inc. Previous Action: October 18, 2011 - BOCC approved CDM Work Authorization #8 for design, permitting, bidding and construction of the force main and approved CIP#12-025. Recommendation: Board approval to award of Bid #12-042 for the constructio Main to Centerline Utilities, Inc. in the amount of $525,116, r of $1,181,748 and authorize Chairman to execute documents RR:dls n of the Baling & Recycling Facility Force evise CIP #12-025 to a total capital budget as approved by the County Attorney. Attachment A -CDM Smith Evaluation of Bids Attachment B -Bid Tab Sheet Attachment C -Revised CIP Form CIP12-025 ITEM NO. VI-E2 DATE: 9/18/12 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~a~h SUBJECT: St. James Drive Pedestrian Walkway Phase II ffYYVV (('' BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 318-4113-563000-470 County Capital, Transportation Bond PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of bid award to Melvin Bush Construction, Inc. in the amount of $486,216 for St. James Drive Pedestrian Walkway Phase II. COMMISSION ACTION: {~ APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: ------~t~--~ Faye W. Outlaw, MPA County Administrator, ICMA-CM I CoordinatioNSignatures County Attorney (x) `~ OMB Director (x) ~, Daniel McIntyre Marie Gouin Originating Dept. (x) ~ ~ - County Engineer (x) INd~ Dona West Michael Powley Road & Bridge (x) ~ ~~ Manager onal auley St. James Drive Pedestrian Walkway Ph II award.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Directoryp~ FROM: Michael Powley, County Engineer ~Iw~( DATE: September 18, 2012 SUBJECT: St. James Drive Pedestrian Walkway Phase II ITEM NO. VI-E2 Backnround: The St. James Pedestrian Walkway Phase II continues the improvements completed in the St. James Pedestrian Walkway Phase I. This project is partially funded by a grant from the Florida Department of Transportation (FDOT) via a Joint Participation Agreement (JPA) in the amount of $381,000. The funding associated with this JPA requires us to be under construction by December 2012. Our funding source precludes the County's Local Preference and Apprenticeship programs. The Federal Davis-Bacon provisions are not applicable. An eight-foot concrete sidewalk will be extended from its present terminus by the Oxbow Eco-Center southward to Lazy River Parkway, a distance of approximately one mile. Modifications to two roadway canal crossings will be necessary to accommodate the new construction. Through coordination with the City of Port St. Lucie, Alternative 'B' was selected. Additionally, the three existing pedestrian crossings of St. James Drive within the limits of the improvements will be enhanced to current Americans with Disabilities Act (ADA) and FDOT requirements. Per our existing agreement with the City of Port St. Lucie, they will be responsible for maintaining these improvements at the conclusion of our construction. This project was bid last year but the bid exceeded our budget. Consequently, all bids were rejected and our design modified to achieve a cost reduction while still maintaining the plan intent. On August 29, 2012, three bids were received. Melvin Bush Construction, Inc., Port St. Lucie, is the lowest responsive, responsible bidder in the amount of $486,216 (Attachment A). The overall cost savings achieved by modifying the design and rebidding the project was slightly more than $95,000. The project budget will utilize Local Option Gas Tax-Construction funds and be established as follows: Construction $442,015 10% Contingency 44 202 Total Budget $486,217 ITEM No. VI-E3 DATE: 9118/12 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,L(~~ SUBJECT: Madison Vines, LLC BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A RECOMMENDATION: Board approval of the final acceptance of the off-site improvements, release of maintenance surety in the amount of $13,924.77, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( OTHER - ~ _---- A roved 5.0 Faye W. Outlaw, MPA pp County Administrator , ICMA-CM Coordination/Signatu res County Attorney (x) ~~~ Finance (x) Daniel McIntyre hai Frances Originating Dept. (x) Do ald West Road/Bridge (x) '~~== Don Pauley madison vines final acceptance release of surely.ag County Engineer (x ) County Surveyor (x ) Ef Mi hael Powley s<`~'~/ Ronald Harris Engineering ®ivision MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director ~ - FROM: Michael Powley, County Engineer t"~1~ DATE: SUBJECT: ITEM NO. Background: September 18, 2012 Madison Vines, LLC VI-E.~ Madison Vines, LLC the developer of Madison Vines Apartments, received site plan approval from the City of Ft. Pierce on February 2, 2009. This project is located at the southeast corner of Oleander Avenue and Tumblin Kling Road. The public improvements constructed by the developer had been conditionally accepted previously, and the one year and 30-day maintenance period has been in effect. The required maintenance period ended on September 2, 2012. On July 27, 2012, pursuant to the terms of the Maintenance Agreement, County staff met with the developer and contractor to inspect the improvements and minor deficiencies were noted. The developer notified the County of the completion of the repairs on August 27, 2012. County staff initiated a field inspection on August 29, 2012 and verified the completion of the repairs. The terms of the maintenance agreement have been satisfied. Staff recommends the Board approve the final acceptance of the constructed improvements and authorize release of the maintenance surety in the amount of $13,924.77. Previous Action: June 21, 2011 -Board approved Fee-in-Lieu-of construction. August 2, 2011 Board approved Maintenance Agreement. Recommendation: Board approval of the final acceptance of the off-site improvements, release of maintenance surety in the amount of $13,924.77, and authorization for the Chairman to sign documents as approved by the County Attorney. _ ` ~ ~~ •u e B " PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works -Administration Public Works Dir ctor~ SUBJECT: Taylor Creek Dredging Phase 2 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140001-4315-563000-4657 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Supplemental No. 1 to Joint Participation Agreement #425969- 1-94-01 with FDOT in the amount of $1,160,000 for Dredging of Taylor Creek Phase 2, approval of Resolution No. 12-160 and authorization for signature by the Chairman. COMMISSION ACTION: CONCURRENCE: (~) APPROVED ( ) DENIED - ~ ~ ( ) OTHER ~-"~'J Faye W. Outlaw, MPA Approved 4.0 County Administrator, ICMA-GM Comm. Hutchinson Abstained Coordi nationlSian atures County Attorney OQ ~ OMB Director OO " 1~ Ind ~~ Budget Analyst "' / y(,Y~N Dan McIntyre Marie Gouin Originating Dept. ()() ~ ° Doi ald B~ West ITEM NO. DATE: VI-E4 9118/2012 AGENDA REQUEST REGULAR ERD ( ) Page 1 of 3 J ~,,~, cf e - Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director ~~~ DATE: September 18, 2012 SUBJECT: Taylor Creek Dredging, Phase 2 ITEM NO. VI - E4 Background: In 1998, the County initiated the Taylor Creek Dredging and Restoration Project, to remove the muck sediments from Taylor Creek. Removal of muck sediments from the tributaries to the Indian River Lagoon (IRL) is a goal of the IRL National Estuary Program. In April of 2004, the County commenced construction of Phase 1 of the Taylor Creek Dredging Project. The Phase 1 Project resulted in the removal and disposal of 94,767 cubic yards of muck sediments from the Taylor Creek navigation channel. A 16-acre spoil disposal site was constructed on Mr. Lloyd Bell's port property for handling the muck sediments. The project was completed in June of 2005, and the spoil site was removed from Mr. Bell's property in April 2007. Phase 2 involves the dredging of Taylor Creek in the upstream reach between the railroad and the C25 spillway structure. This phase will require dredging of an additional 100,000 cubic yards of muck sediments. The County awarded the contract for Spoil Site Construction to Guettler Brothers Construction, Inc. on August 21, 2012. Originally, the County budgeted $1.75 million to match FDOT funding for Taylor Creek Dredging Phase 2. FDOT programmed $1.3 million for the current fiscal year to pair with the funding from the 2010 JPA in the amount of $454,904 to cover the $3.5 million project cost. Utilizing only a portion of the County's budgeted match leaves $450,000 available in the County Port Budget for future project match. Recently, due to the immediate need of addressing the shoaling in the inlet channel FDOT shifted $140,000 of the $1.3 million current fiscal year funding to allow for assistance with the Inlet Channel Emergency Dredging and leaving $1,160,000 for the Taylor Creek Dredging Phase 2. FDOT has assured County staff if the bids for Taylor Creek Dredging Phase 2 come in over the combined JPA total of $3,229,808 (as seen in the table below), they will assist with funding to make up the $3.5 million. An agenda item for the Inlet Channel Emergency Dredging JPA will be presented on a future Board Agenda. Page 2 of 3 ITEM NO. VI - E~ DATE: 09/18/2012 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works /Utilities Division SUBJECT: Permission to Advertise Public Hearing BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NIA REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) PRESENTED BY: Laurie Waldie Utility District Director PREVIOUS ACTION: June 1, 2010 - BOCC approved Resolution 10-149 adopting the rate structure for SLC Water & Sewer District. RECOMMENDATION: Board approval to advertise for a public hearing on October 2, 2012 to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District in St. Lucie County. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: _ ~ .~-- Faye W. Outlaw, MPA, ICMA-CM County Administrator Coo rd i nati o nIS i g n atu res County Attorney (X) 9~/ OMB Director ( ) 1l Budget Analyst Dan McIntyre Marie Gouin Robert O'Sullivan Originating Dept. (X) Other ( ) Do West PUBLIC WORKS DEPARTMENT UTILITIES DIVISION MEMORANDUM TO: Board of County Commissioners VIA: Faye Outlaw, MPA, County Administrator ICMA-CM FROM: Laurie Waldie, Utility District Director DATE: September 18, 2012 SUBJECT: Permission to Advertise Public Hearing ITEM NO. VI - E ~ Background: Staff is requesting approval to advertise for a public hearing for the purpose of amending certain rates, fees and charges, the proposed Utility Rate Tariffs, for the St. Lucie County Water & Sewer District in St. Lucie County. Once approval to advertise is granted, the advertisement will be placed in a local newspaper at least 10 days prior to the public hearing. The proposed Rate Tariffs will also be made available to the Board and the public. Upon review of the Utility Rates, Fees and Charges, as adopted in Resolution No. 10-149, the Utility District is proposing to: 1. Reduce the Commercial Water Consumption Charge, or Water Usage Rates, 2. Reduce the Miscellaneous Fee Schedule for the Initial Application Fee for the Utility Developer Agreement, 3. Provide for After Hours Premise Visit fee on the Miscellaneous Fee Schedule. This public hearing will not affect the rates for customers of the St. Lucie County South Hutchinson Island District Wastewater Utility. Recommendation: Board approval to advertise for a public hearing on October 2, 2012 to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District in St. Lucie County. ITEM NO. VI-F1 DATE: 09/18/12 TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin '~ SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Fixed Asset Inventory -Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) COMMISSION ACTION: {~ APPROVED O DENIED () OTHER Approved 5.0 AGENDA REQUEST REGULAR ( ) CONCURRENCE: ~~~~-ice Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB County Attorney (X) Budget Analyst ( ) Dan McIntyre Purchasing (X) ( ) Sandra orando (Name) ITEM NO. DATE: VI-F2 09/18/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Office of Management & Budget/Purchasing Marie M. Gouin FYI Director 'Yi'P`^~ SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A Board. authorization to remove fixed assets as listed on the attached Property Disposition Forms, from the capital assets inventory of the St. Lucie County Property Appraiser Office. COMMISSION ACTION: CONCURRENCE: APPROVED O DENIED - _ -~ () OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordi nationlSipnatu res OMB County Attorney (X) Budget Analyst ( ) Dan McIntyre (Name) Purchasing (X) ( ) and a Morando (Name) ITEM NO. DATE: AGENDA REQUEST REGULAR VI-F3 09/18/12 PUBLIC HEARING ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Purchasing PRESENTED BY• Marie M. Gouinl Director !~ SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the St. Lucie County Supervisor of Elections Office. COMMISSION ACTION: (}Q APPROVED O DENIED O OTHER Approved 5.0 Coordination/Signatu res /Q~~ OMB County Attorney (X) P' ~ Budget Analyst Dan McIntyre Purchasing (X ) ~Sandr Morando CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM ( ) (Name) (Name) ITEM NO. VI-F4 AGENDA REQUEST DATE: 09/18/12 REGULAR ( 1 PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: n , Marie M. Gouin IhI'h1 `(' SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove the fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the Clerk of Circuit Court. COMMISSION ACTION: CONCURRENCE: .(~ APPROVED O DENIED -_--_---] - _ ~ --~--~ O OTHER - Approved 5.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) I/d" Dan McIntyre Purchasing (X ) Sandy Morando OMB Budget Analyst ( ) (Name) ( ) (Name) ITEM NO. VI-F5 DATE: 09/18/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ''r~r Marie M. Gouin ~r SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Fixed Asset Inventory -Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Health Department. COMMISSION ACTION: CONCURRENCE: APPROVED O DENIED O OTHER A roved 5.0 Faye W. Outlaw, MPA pP County Administrator Coordination/Sia natures County Attorney (X ) `c~,. Dan McIntyre Purchasing (X) Sandra Morando OMB Budget Analyst ( ) (Name) ( ) (Name) AGENDA REQUEST ITEM NO. VI-G1 DATE: 09/18/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits Ma r SUBJECT: Request for Board approval of an amendment to the Delta Dental agreement for fully insured employee dental benefits. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funded primarily by voluntary employee contributions, supplemented by employer contribution and the Insurance Reserve Fund, 505-1910-599300-800. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Staff recommends Board approval of an amendment to the Delta Dental Employee Benefits agreement as recommended by the Insurance Committee and that the employee and employer costs not be adjusted for the CY-2013 plan year and that instead, the additional cost resulting from the increase of approximately $71,500 in premiums, be paid out of the insurance fund reserves. COMMISSION ACTION: Q~) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney (X ) Originating Dept. (X ) Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Slanatures OMB Director (X ) Budget Analyst (Marie Gouin) ERD ( ) (Name) Human Resources Department Risk & Benefits Management Division MEMORANDUM TO: Board of County Commissioners THROUGH: Tara Raymore, Human Resources Director FROM: Daniel J. Lutzke, Risk Manager DATE: September 18, 2012 w~`~~y` SUBJECT: Request for Board approval of an amendment to the Delta Dental agreement for fully insured employee dental benefits. ITEM NO. VI-G1 Backstround: In August of 2010 the Board approved an agreement for a fully insured Delta Dental Benefits Plan for employees with an effective date of January 1, 2011. That agreement had a 2-year rate guarantee which expires on December 31, 2012. Delta Dental had initially proposed a 16.9% rate increase. An increase in rates is justified based on Delta Dental's "Income Cost Experience Report", Attachment C, which shows that since July 1, 2011 the dental plans have cost Delta Dental $612,035.69 while Delta only collected $598,996.85 in premiums. The. plan has run at a 103.43% loss ratio since inception. With Claims and Losses as they are Staff determined that going out to bid now would not result in lower premiums without cuts in benefits. The plan loss history is what it is and would be the basis for any other company's bid. During initial renewal discussions, Delta Dental indicated a need fora 16.9% rate increase. County Staff and our benefits consultant, EMI, worked with Delta Dental to find other options to reduce or off- set their 16.9% rate increase request. After much discussion, Delta Dental offered several options in their "Renewal Rates and Benefits Proposal", Attachment A. Delta reduced their proposed CY-2013 rate increase for continuing benefits as they are to 11.9% and added options that reduce the benefits to various levels that coincide with rate increase options of 8.05%, 4.0%, 7.8% and 3.16%. All included a maximum rate increase cap of 9.5% for CY-2014. The 11.9% rate increase is based on continuing the current benefit plans. Each of the other rate increases affects and reduces the benefits in different ways. The 11.9% option increases the total projected annual cost by $71,511 but does not change the plan benefits or structure. On September 4, 2012 the Insurance Advisory Committee met to review the various Delta options detailed on Attachment C and selected Option 1 as the one meeting Employer and Employee needs best. The Insurance Committee further agreed that the employee and employer costs should not be adjusted for the 2013 plan year and that instead the additional cost resulting from the increase in premiums be paid by using approximately $71,500 of insurance fund reserves. On September 5, 2012 the Committee submitted a Memo of Recommendation to the Board, Attachment B, requesting that the Board approve the 11.9% renewal option with no change to the benefit plans. The Insurance Committee recommendation also requests that the employee and employer costs not be adjusted for the 2013 plan year and that instead the additional cost resulting from the increase in premiums be paid by using approximately $71,500 of insurance fund reserves. ITEM NO. VI-H DATE: 9/18/12 AGENDA REQUEST CONSENT ( X ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) PRESENTED BY: Mark Satterlee, Dire Planning & Developmen Budget Resolution No. 12-168 for Security Improvements Supplemental Grant See attached memorandum. 140374-4220-563000-104603 -Infrastructure PREVIOUS ACTION: November 23, 2010 -Board approved Resolution No. 10-282 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA). August 21, 2012 -Board approved Resolution No. 12-152 accepting the FDOT Supplemental Joint Participation Agreement (SJPA). RECOMMENDATION: Board approval of Budget Resolution No. 12-168 establishing the fund for the Security Improvements Project, and authorization for the Chairman to sign documents as approved by.the County Attorney. COMMISSION ACTION: CONCURRENCE: ,~ APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coord inationlSip natures County Attorney Purchasing ( ) ~. Daniel S. McIntyre ~~ Originating Dept. ( ) Desiree Cimino Melissarlund f P Mark Satterlee OMB Director Budget Analyst ERD () ,~~~N~ Marie Gouin Patty Marston Planning and Development Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Director, Planning & Development Services FROM: Airport DATE: 9/18/2012 SUBJECT: Budget Resolution No. 12-168 for Security Improvements Supplemental Grant ITEM NO. VI-H Background: This agenda request is for Board approval of the attached Budget Resolution establishing the project funds for the Security Improvements project. This project was approved under the FY 2010 Capital Improvement Program. On March 26, 2012, a,Notice-to-Proceed was issued to A Great Fence for the Security Fencing project along Indrio Road. In June 2012, it was discovered that a portion of the fence alignment would have an impact on a wetland located close to the alignment. This resulted in a change to the project scope in which additional fence poles would need to be installed to accommodate the new alignment. The Airport contacted FDOT to ask if additional grant dollars were available to cover the cost of the $6,702 proposed change order. FDOT advised the Airport to contact them in July 2012 to see if a supplement to the grant would be feasible. In July 2012, FDOT advised that additional funding would be available to cover the cost of the change order. The Supplemental Grant funding consists of a FDOT 80% match share of $5,362 and a local 20% match share of $1,340. Funds are available under the Airport's Local Match Account (140-4220- 563000-4804) with no impact to the General Fund. Recommendation Board approval of Budget Resolution No. 12-168 establishing the fund for the Security Improvements Project, and authorization for the Chairman to sign documents as approved by the County Attorney. AGENDA REQUEST ITEM NO. VII-A DATE: September 18, 2012 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Case No. 73440, 5002 MiramarAve., Fort Pierce, FL -Unsightly and Unsanitary Conditions, causing serious threat to public safety BACKGROUND: See attached memorandum CA No. 12-1016 PREVIOUS ACTION: CONCLUSION: Staff recommends that the Board. authorize Staff to abate the violations by clearing the debris, mow and maintain the entire property for excessive overgrowth. of grass and weeds, board up all openings, and place a lien on the Property for the cost. COMMISSION ACTION: [~ APPROVED [)DENIED [)OTHER: Approved 5.0 Review and Approvals ~/ [X] County Attorney: ~' `~ Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator (X) Building & Code Regulations Mg INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 12-1016 DATE: September 18, 2012 SUBJECT: Code Enforcement Case No. 73440, 5002 Miramar Ave., Fort Pierce, FL - Unsightlyand Unsanitary Conditions, causing serious threat to public safety BACKGROUND: St. Lucie County has received code compliance complaints from law enforcement of this property at 5002 Miramar Avenue, Fort Pierce, FL (the "Property"). The Property was cited by Code Enforcement on August 7, 2012 in Case No. 73440. The Property was found to be in violation ofSection 1-9-32(D) Public Nuisance ofthe St. Lucie County Code and Compiled Laws and Section 13.09.00 of the St. Lucie County Land Development Code. It was requested that the owner mow and maintain the entire propertyfor excessive overgrowth of grass and weeds and secure the building to prevent unintended entry. The conditions have created a public health safety and unsanitary nuisance on this Property. (See photograph attached). As of5eptember 5, 2012, the property has not been abated. On Septembers, 2012, the Code Enforcement Board issued an orderto Staff to bring the property to the Board of County Commissioners, as they found the property to present a serious threat to public safety. Section 162.09 Florida Statutes provides that the Code Enforcement Board may order Staff to notify the Board of County Commissioners when they feel the violation presents a serious threat to the public health, safety and welfare and the County may make all reasonable repairs which are required tobringthepropertyintocomplianceandchargetheviolator. Making such repairs does not create a continuing obligation onthe part ofthe Countyto make further repairsto or maintain the property. Staff is requesting authorization to have any debris removed, grass mowed, all openings to the structure boarded and place a lien on the property for the cost. AGENDA REQUEST TO:BOARD OFCOUNTY SUBMITTED BY]DEPT): County Attorney ITEM NO. VII-B DATE: September 18, 2012 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT[] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Case No. 73442, 5009 Eastwood Drive., Fort Pierce, FL -Unsightly and Unsanitary Conditions, causing serious threat to public safety BACKGROUND: See attached memorandum CA No. 12-1017 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize Staff to abate the. violations by clearing the debris, mow and maintain the entire property for excessive overgrowth of grass and weeds, board up all openings, and place a lien on the Property for the cost. COMMISSION ACTION: CONCURRENCE: [KJ APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 Review and Aparovals Faye W. Outlaw, MPA County Administrator [X] County Attorney: Y~ [X] Building & Code Regulations M Daniel 5. McIntyre INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney ~~ C.A. NO: 12-1017 DATE: September 18, 2012 SUBJECT: Code Enforcement Case No. 73442, 5009 Eastwood Drive., Fort Pierce, FL - Unsightlyand Unsanitary Conditions, causing serious threat to public safety BACKGROUND: St. Lucie County has received code compliance complaints from law enforcement of this property at 5009 Eastwood Drive, Fort Pierce, FL (the "Property"). The Property was cited by Code Enforcement on August 7, 2012 in Case No, 73442. The Property was found to be in violation of Section 1-9-32(0) Public Nuisance ofthe St. Lucie County Code and Compiled Laws and Section 13.09.00 of the St. Lucie County Land Development Code. It was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds and secure the building to prevent unintended entry, The conditions have created a public health safety and unsanitary nuisance on this Property. (See photograph attached). As ofSeptember5, 2012, the property has not been abated. On Septembers, 2012, the Code Enforcement Board issued an order to Staffto bring the propertyto the Board of County Commissioners, as they found the property to present a serious threat to public safety. Section 162.09 Florida Statutes provides that the Code Enforcement Board may order Staff to notify the Board of County Commissioners when they feel the violation presents a serious threat to the public health, safety and welfare and the County may make all reasonable repairs which are required to bringthe property into compliance and chargethe violator. Makingsuch repairs does not create a continuingobligation on the part ofthe Countyto makefurther repairsto or maintain the property. Staff is requesting authorization to have any debris removed, grass mowed, all openings to the structure boarded and place a lien on the property for the cost. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY[DEPT): County Attorney ITEM NO. VII-C DATE: September 18, 2012 REGULAR[] PUBLIC HEARING [ x J CONSENT[] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Case No. 73439, 5107 Eastwood Drive, Fort Pierce, FL -Unsightly and Unsanitary Conditions, causing serious threat to public safety BACKGROUND: See attached memorandum CA No. 12-1018 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize Staff to abate the violations by clearing the debris, mow and maintain the entire property for excessive overgrowth of grass and weeds, board up all openings, and place a lien on the Property for the cost. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED ~__~_~_ [)OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals ~~/ / [X] County Attorney:~° Daniel S. McIntyre [X) Building & Code Regulations Monl raziani INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 12-1018 DATE: September 18, 2012 SUBJECT: Code Enforcement Case No. 73439, 5107 Eastwood Drive, Fort Pierce, FL - Unsightlyand Unsanitary Conditions, causing serious threat to public safety BACKGROUND: St. Lucie County has received code compliance complaints from law enforcement of this property at 5107 Eastwood Drive, Fort Pierce, FL (the "Property"). The Property was cited by Code Enforcement on August 7, 2012 in Case No. 73439. The Property was found to be in violation of Section 1-9-32(D) Public Nuisance of the St. Lucie County Code and Compiled Laws and Section 13.09.00 of the St. Lucie County Land Development Code. It was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds and secure the building to prevent unintended entry, The conditions have created a public health safety and unsanitary nuisance on this Property. (See photograph attached). As of September 5, 2012, the property has not been abated. On September 5, 2012, the Code Enforcement Board issued an orderto Staffto bringthe propertyto the Board of County Commissioners, as they found the propertyto present a serious threat to public safety, Section 162.09 Florida Statutes provides that the Code Enforcement Board may order Staffto notify the Board of County Commissioners when they feel the violation presents a serious threat to the public health, safety and welfare and the County may make all reasonable repairs which are required to bringthe property into compliance and charge the violator. Making such repairs does not create a continuing obligation on the part ofthe Countyto make further repairs to or maintain the property. Staff is requesting authorization to have any debris removed, grass mowed, all openings to the structure boarded and place a lien on the property for the cost. AGENDA REQUEST ITEM NO. VII-D DATE: September 18, 2012 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED 9Y(DEPT): County Attorney . Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Case No. 73632, 110 Banyan Drive, Port St. Lucie, FL -Unsafe Pool causing serious threat to public safety BACKGROUND: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 See attached memorandum CA No. 12-1019 Staff recommends that the Board authorize Staff to abate the violations by installing a barrier around the swimming pool and place a lien on the Property for the cost. Review and Aonrovals [X] County Attorney: ~j Daniel S. McIntyre CONCURRENCE: - -.__i _~-„- ~ Faye W. Outlaw, MPA County Administrator [X] Building & Code Regulations M gr i Moni raziani INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 12-1019 DATE: September 18, 2012 SUBJECT: Code Enforcement Case No. 73632, 110 Banyan Drive, Port St. Lucie, FL - Unsafe Pool causing serious threat to public safety BACKGROUND: . St. Lucie County has received code compliance complaints from the neighbors of this property at 110 Banyan Drive, Port St. Lucie, FL (the "Property")and have exhausted all avenues to gain compliance. The Property was inspected by Code Enforcement in April of 2012. The mortgage holder was notified that the propertywas in violation ofCountyCodes. The County was concerned about the health safety issue caused by the standing water in the pool and the junk stewn around the Property. It was requested the pool be drained and secured. The Property was cited by Code Enforcement on August 27, 2012 in Case No. 73632 after the violations continued to exist. The Property was found to be In violation of5ection 8.00.05 of the St. Lucie County Land Development Code. It was requested that the. owner install a barrier around the pool. The conditions have created a public health safety on this Property. As of September 5, 2012, the property has not been abated. On September 5, 2012, the Code Enforcement Board issued an order to Staff to bringthe propertyto the Board of County Commissioners, as they found the property to present a serious threat to public safety. Section 162.09 Florida Statutes provides that the Code Enforcement Board may order Staff to notify the Board of County Commissioners when they feel the violation presents a serious threat to the public. health, safety and welfare and the County may make all reasonable repairs which are requiredtobringthepropertyintocomplianceandchargetheviolator. Making such repairs does not create a continuing obligation on the part ofthe Countyto make further repairsto or maintain the property. Staff is requesting authorization to put a barrier around the swimming pool and place a lien on the property for the cost. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTEDBY(DEPT): County Attorney ITEM NO. Vf 1 [ DATE: September 18, 2012 REGULAR [XXJ PUBLIC HEARING [] CONSENT [] PRESENTED BY: Daniel S. McIntyre County Attorney SUBIECT: Application of Bluefield Utilities, LLC to operate a Water and Wastewater Utility to Provide Services in a portion of St. Lucie County -Settlement Offer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Bluefield Utilities, LLC, settlement agreement and authorize the Chairman to sign the agreement. COMMISSION ACTION: CUNCURRENCt: [kT APPROVED [ ]DENIED [ J OTHER: -~ Approved 5-0 I Faye W. Outlaw, MPA County Administrator, ICMA-CM ~f~ Review and AOOrovals County Attorney:- /~ Management & budget Purchasing: Daniel 5. McIntyre Originating Dept. Solid Waste Mgr.: County En@ Finance: (Checkfor copy only, if applicable) Eff.6/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA T0: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-0946 DATE: August 16, 2012 SUBJECT: Application of Bluefield Utilities, LLC to the Florida Public Service Commission to Operate a Water and Wastewater Utility to Provide Service in a Portion of St. Lucie County -Settlement Offer ssssssssssssssssssssssssssssssssssssssssssssssssssssssss»ssssssssssssssssssssrssss BACKGROUND: On September 29, 2009, the County received a "Legal Notice" dated September 15, 2009, notifying the Countythe Bluefield Utilities, LLC ("Bluefield")had applied to the Florida Public5ervice Commission to operate a water and wastewater utilityto provide service to territory in Indian River, Okeechobee and St. Lucie Counties. A copy of a map locating the property in St. Lucie County is attached. A copy of the pertinent portion of the Application filed by Bluefield Utilities, LLC is also attached. The legal notice provides that any objection must be in writing and filed with the Office of Commission Clerk, Florida PublicService Commission within thirty days from September 15, 2009. The property in St. Lucie County that Bluefield proposes to serve is within the service territory of the St. Lucie County Water and Sewer District. The Board established the District on June 15, 2004. Pursuant to Chapter 153, Part 11, Florida Statutes, the County believes it has the exclusive right to provide water and wastewater utility service within the District boundaries. No water and wastewater facilities may be constructed without the prior consent of the District. In addition, the South Florida Water Management District issued a 20-year Consumptive Water Use Perm it to serve the 20-yea r water needs of current a nd future customers of the Cou my District. The Consumptive Use permit includes the property which is the subject of the Application filed by Bluefield. On October 6, 2009, the Board, by a 5-0 vote, directed staff to file an objection in the Bluefield case. A copy of the filed objection is attached. Subsequent Developments Since the County filed its objections in 2009, a number of subsequent developments have occurred as follows: ITEM N®. I~ BATE: ®9118112 AGEN®A RE(~UEST PUBLIC HEARING ( ) LEG. O C~UASI-J® ( ) CONSENT () T®° SUBMITTED Bye BOARt~ OF COUPITI° C®MMISSI®NERS Planning and Development Services Department, Planning Division Western Lands Study report acceptance See atfached memorandum. ~/A REGULAR (~) PRE$ERITE® BY: Kara Wood Planning Manager September 8, 2Q09 - BOGG approved project scope, budget and interbcaE agreement with the University of Florida to conduct Western Lands Study R~COMMEFI®ATION: Board acceptance of the Western Lands Study report and conclusion of the associated interlocal agreement with 4he University of Florida as outlined in the agenda memorandum. ~®MMISSIOiV ACTION: (~ APPROVED ( ) DENIED ( } OThIER Approved 5-0 C®NGURRENGED a~ Faye W. Outlaw, MPA Gounty Administrator, IGMA-CM CO®Ri~INATION/S_I_G6~AT@~ RES Gounty Attorney (~() ~~~~ Gounty Surveyor ( ) Daniel S. McIntyre Ron hiarris Gounty Engineer { ) ERD ( ) Michael Powiey Karen Smith Originating Dept. (X) ~ 1 OMB ( ) M k Sa~~ Marie Gouin Purchasing ( ) Melissa Simberlund ~,-~-- - - ~a~~~~g ~~~ ~v~@®~~~f ~~ce~ ®eartm~r~t Ptaetnire~ ®iwisioca MEM®Ri~n9®11M T®: Board of County Commissioners T'BiR®PJGN: Mark Satterlee, AICP, Director - q,~ FtZQnA: {Cara Wood, Planning Manager 9~" I~AT~: September 18, 2012 vU SUB.-~C3'a Western Lands Study report acceptance e'TEM NC. 11C SACKGR®l7N®: On September $, 2009 the Board of County Commissioners approved the project soope, budget and interlocal agreement with the Universit}+ of Florida to perform the Western Lands Study. At the Board's August 28, 2012 informal Meeting, staff presented a brief summary of the two-year public participation effort involved in this study and the resulting report prepared by the consultants. The Vilestem Lands Study: Vision and Plan report with recommendations for amendments to the County's foes{ regulations, policies and pracfices v~+a~ published on May 27, 2011 and remains avaitabie for review on the County's Planning Division website. The scheduling of this agenda item is simply for the Board's formal acceptance of the in/estem Lands Study: Vision and Plan as a finished product to complete and conolude the Western !,ands Study and associated contract with the University of Florida. Staffi will continue working with the Western Lands stakeholders to draft amendments to the Comprehensive Plan and Land Development Code as generally presented at the August 28, 2012 Informal Meeting. ~~C~~MBN®ATI®i~: Board acceptance of fibs Western Lands Study report and conclusion of the associated interlocal agreement with the University of Florida as outlined in this agenda memorandum.