HomeMy WebLinkAboutAgenda Packet 04-28-2009gem
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April 28, 2009
9:00 A.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
REVISED04/24/09
WELCOME
ALL MEETINGS ARE TELEVISED.
ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS.
PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS.
GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's
Board meeting.
CONSENT AGENDA:- These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS - These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a
second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible.
These time designations are intended to indicate that an item will not be addressed 2[jq[ to the listed time. The Chairman will open
each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of
presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup
material, please have eight copies for distribution.
NON -AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT - Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five
minutes.
DECORUM - Please be respectful of others' opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on
the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in
the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops
throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive
Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this
meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-
eight (48) hours prior to the meeting.
April 28, 2009
9:00 A.M.
BOARD OF COUNTY
COMMISSIONERS
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Paula A. Lewis, Chair
District No. 3
Charles Grande, Vice Chair
District No. 4
Doug Coward
District No. 2
Chris Dzadovsky
District No.1
Chris Craft
District No. 5
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I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. t MINUTES
� to
0 Approve the minutes from the April 21, 2009 meeting.
IV. PROCLAMATIONSIPRESENTATIONS
A. Resolution No. 09-116 proclaiming the week of May 10, 2009 through May 16, 2009 as "Law Enforcement Week; and
f4ad designating May 15, 2009 as "Law Enforcement Memorial Day" in St. Lucie County, Florida
poBoard adoption of Resolution No. 09-116 as drafted.
B. Resolution No. 09-117 proclaiming the week of May 3, 2009 through May 9, 2009 as "St. Lucie County Correction
Officer's Week" in St. Lucie County, Florida
Board adoption of Resolution No. 09-117 as drafted. y
C. Resolution No. 09-148 proclaiming April 28, 2009, as "Workers Memorial Day" in St. Lucie County, Florida.
c
Board adoption of Resolution No. 09-148 as drafted.
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
rA WARRANTS
R �n� .
ID Approve warrant list No. 30
J B. COUNTY ATTORNEY
Logistic Center - Facility Use Agreement with Treasure Coast Food Bank, Inc.
Board approval of the proposed Facilities Use Agreement with Treasure Coast Food Bank, Inc., and
authorization for the Chair to sign the agreement.
B. COUNTY ATTORNEY CONTINUED
2. 2009 Economic Development Exemption Application — Lighthouse Industries, Inc. d/b/a East Coast Plastics;
Ordinance No. 09-017
Board approval to accept the report of the Property Appraiser and grant permission to advertise Ordinance
No. 09-017 for a public hearing on May 12, 2009, at 9:00 a.m. or as soon thereafter as the item may be
heard.
3. 2009 Economic Development Exemption Application — Lighthouse Industries, Inc. d/b/a East Coast Plastics
(Parkway Warehouse Associates, LLC): Ordinance No. 09-018
Board approval to accept the report of the Property Appraiser and grant permission to advertise Ordinance
No. 09-018 for a public hearing on May 12, 2009 at 9:00 a.m. or as soon thereafter as the item may be
heard.
4. Street Naming — Conklin Way — 60' Ingress Egress Easement — Resolution No. 09-140
Board acceptance of Resolution No. 09-140 for the proposed street name Conklin Way, as shown on the
attached map, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser,
the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of
St. Lucie County.
C. PUBLIC SAFETY
Resolution No. 09-122, 2009 Domestic Homeland Security Sub -Grant Agreement.
Board acceptance of Budget Resolution No. 09-122, 2009 Domestic Homeland Security Sub -Grant Agreement and
authorization for the Chair to sign documents as approved by the County Attorney.
D. CLERK OF THE CIRCUIT COURT
On April 20, 2009, the Investment Committee will meet and vote to make the following amendments to the Authorized
Dealer Contract List.
Board approval of HighTower Securities, LLC to the current Broker/Dealer Contract List
E. HUMAN RESOURCES
Lawnwood Regional Medical Center, Inmate Medical Care Invoice
Board approval of payment to Lawnwood Regional Medical Center invoices in the amount of $2,876.00.
PUBLIC WORKS
USGS contract for water quality monitoring at 5 Mile Creek.
Board approval of the attached contract with USGS in the amount of $20,267.00 for water quality monitoring
in Five Mile Creek, and authorization for the Chair to sign the documents as approved by the County
Attorney.
PUBLIC WORKS CONTINUED
2. Lakewood Park Phase 1 canal control structures
Board award construction with American Engineering and Development Corp. in the amount of $116,870.00
for Lakewood Park Phase 1 canal control structures, and authorization for the Chair to sign contract
documents as approved by the County Attorney.
G. CENTRAL SERVICES
Award of Bid #09-015, waterproofing of various St. Lucie County buildings
Board approve award of Bid No. 09-015 to the lowest responsive bidder, Golden Brush, Inc. at $142,575, and
authorize the Chair to sign the contract as prepared by the County Attorney.
H. GRANTS
Sea Turtle education materials, grant.
Board approval to accept a funding award in the amount of $3,900 from the Caribbean Conservation
Corporation for assistance in sea turtle education materials.
2. Modification of pending Florida Department of Transportation (FDOT) County Incentive Grant Program
(CIGP).
Board approval to request a modification of a pending Florida Department of Transportation (FDOT) County
Incentive Grant Program (CIGP) application to move $1,317,948 in CIGP funding and $817,948 in County
matching funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio
Road intersection.
SR713/Kings Highway and SR614llndrio Road intersection improvements.
Board approval to accept a: (1) Transportation Regional Incentive Program (TRIP) and County Incentive
Grant Program (CIGP) Locally Funded Agreement with the Florida Department of Transportation (FDOT);
(2) Memorandum of Agreement; and (3) Resolution No. 09-138 authorizing the execution of the agreement.
Each is relative to right-of-way acquisition of parcels for an improvement project at the intersection of
SR713/Kings Highway and SR614/lndrio Road.
COMMUNITY SERVICES
Trip and Equipment Grant 2009-2010.
Board authorization to apply for the FY 09/10 FCTD Trip and Equipment Grant, approval of Resolution No.
09-139 and authorization for the Chair to sign documents as approved by the County Attorney.
Community Development Block Grant (CDBG) 2004 Disaster Recovery Grant closeout.
Board approval to close out the CDBG 2004 Disaster Recovery Grant and authorization for the Chair to sign
documents as approved by the County Attorney.
MANAGEMENT AND BUDGET
Purchasing Division — Bid for the sale and removal of old corrugated containers (OCC).
Board approval to advertise an Invitation to Bid for sale and removal of old corrugated containers (OCC)
from the St. Lucie County Baling and Recycling Facility.
Purchasing Division — Request for Proposal No. 09-023, Residential Appraisal Services
Board approval to award RFP No. 09-023, Residential Appraisal Services to Callaway & Price, Inc. of Fort
Pierce and authorization for the Chair to sign the documents as approved by the County Attorney.
3. Purchasing Division — Request for Proposal No. 09-025, Residential Real Estate Title Services
Board approval to award RFP No. 09-025, Residential Real Estate Title Services to St. Lucie Title Services,
Inc. of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attorney.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
4�
A. Capital Improvements Element (CIE) Comprehensive Plan Amendment.
Board adoption of Ordinance No. 09-015 as an amendment to the Capital Improvement Element representing FY
2008/09 — 2012/13.
REGULAR AGENDA
VIII GROWTH MANAGEMENT (� r I jam
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Major Site Plan approval for Denedios Holdings, LLC G�1 ��ra ` ��,ry�ScuP; n�-� n }he �1�,r1�5e�h'Ur
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Board approval of Draft Resolution No. 09-019, granting Major Site Plan approval for the project to be known as Denedios
Holdings, LLC �
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IX. MANAGEMENT AND BUDGET N
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ILA 6� Purchasing Division - An Administrative Hearing for All Haul/dba Circle H. Citrus — RFP Protests — No. 09-020 Residential
,t olid Waste Collection
^� u Board approval to deny the protest and deem All Haul/dba Circle H. Citrus's proposal non -responsive.
X. GROWTH MANAGEMENT
NI Extension for Major Site Plan project known as Orange Avenue Storage
�tl Board adoption of Resolution No. 09-067 granting 12-month extension to the Major Site Plan project known as Orange
\ Avenue Storage, with the conditions therein.
XI. COUNTY ATTORNEY
L�1 ` Resolution No. 09-119; Local Economic Stimulus Projects
r �� Consider staff recommendation to adopt Resolution No. 09-119.
XII. ANNOUNCEMENTS
The Board of County Commissioner will hold the April Informal Monthly Meeting on Tuesday, April 28, 2009 at 1:30
p.m. in Conference Room #3.
The Airport Master Plan Technical Advisory Committee will meet on April 28, 2009 at 6:00 p.m. in the Fenn Center at
2000 Virginia Avenue, Fort Pierce. For more information contact Airport Administration at (772) 462-1732, or click on
Airport Master Plan tab at www.stlucieco.org/airport.
St. Lucie County will hold an open public workshop on Wednesday, April 29, 2009 from 6:00 p.m. to 8:00p.m. to
provide information and gather community input relative to the proposed South County Beach Project as developed
and currently proposed by the County's Erosion District to address erosion along southern county beaches. The
charette will take place in the St. Lucie County Commission Chambers, Roger Poitras Administration Annex, 2300
Virginia Ave., Fort Pierce.
4. The Ribbon Cutting for the Douglas M. Anderson Emergency Operations 911 Center will be at 10:00 a.m. on Friday,
June 12, 2009 at 15305 W. Midway Road, Fort Pierce.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need
a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the
proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual
testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community
Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
MOSQUITO CONTROL DISTRICT
www.co.st-lucie.fl.us
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Chris Dzadovsky, Chairman
District No.1
Chris Craft, Vice Chairman
District No. 5
Doug Coward
District No. 2
Charles Grande
District No. 4
Paula A. Lewis
District No. 3
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MINUTES
Approve the minutes from the April 14, 2009 meeting.
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
WARRANTS
j Approve warrant list No. 29 and 30.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need
a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the
proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual
testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community
Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
EROSION DISTRICT
www.co.st-lucie.fl.us
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Chris Craft, Chairman District No. 5
Charles Grande, Vice Chairman District No. 4
Doug Coward District No. 2
Chris Dzadovsky District No. 1
Paula A. Lewis District No. 3
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I. INUTES
� Approve meeting minutes from the April 14, 2009 meeting. �
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
WARRANTS
Approve warrant list No. 29 and 30.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need
a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the
proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual
testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community
Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. IV -A
DATE: April 28, 2009
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT [ ]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 09-116 proclaiming the week of May 10, 2009
through May 16, 2009 as "Law Enforcement Week; and
designating May 15, 2009 as "Law Enforcement Memorial Day" in
St. Lucie County, Florida
BACKGROUND: Chief Garry Wilson, of the St. Lucie County Sheriff's Department
has requested that this Board proclaim the week of May 10, 2009
through May 16, 2009 as "Law Enforcement Week; and
designating May 15, 2009 as "Law Enforcement Memorial Day" in
St. Lucie County, Florida. The attached Resolution No. 09-115
has been drafted for that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No. 09-116 as drafted.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
r,
Faye M. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney: [ ]Management Et Budget: [ ]Purchasing:
Daniel S. McIntyre
[ J Road Et Bridge.: [ ) Parks Et Recreation Director [ ] Solid Waste Mgr
[ ]Finance: (check for copy only, if applicable) Effective 5/96
RESOLUTION NO.09-116
A RESOLUTION PROCLAIMING THE WEEK OF MAY 10
2009 THROUGH MAY 16, 2009 AS "LAW ENFORCEMENT
WEEK"; AND DESIGNATING MAY 15, 2009, AS "LAW
ENFORCEMENT MEMORIAL DAY" IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The Congress and President of the United States have designed May 15, 2009, as Peace
Officers' Memorial Day, and the week in which it falls as Law Enforcement Week.
2. The St. Lucie County Sheriff's Office has been constituted by the State of Florida to uphold
the laws and play an essential role in safeguarding the rights and freedoms of the citizens of
St. Lucie County.
3. It is important that all citizens know and understand the problems, duties, and responsibilities
of their law enforcement agencies, and that members of our Sheriff's Office recognize their
duty to serve the people by safeguarding life and property, by protecting them against
violence or disorder, and by protecting the innocent against deception and the weak against
oppression or intimidation.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St.
Lucie County, Florida:
This Board does hereby proclaim May 10, 2009 through May 16, 2009 as "LAW
ENFORCEMENT WEEK" in St. Lucie County and call upon all citizens of St. Lucie
County and upon all patriotic, civic, and educational organizations to observe that week with
appropriate ceremonies in which all of our people may join in commemorating law
enforcement and detention deputies, past and present, who by their faithful and loyal devotion
to their responsibilities have rendered a dedicated service to their communities.
2. This board does hereby further designate Friday, May 15, 2009, as "LAW
ENFORCEMENT MEMORIAL DAY" in honor of those peace officers who, through their
courageous deeds, have lost their lives or have become disabled in the performance of their
duty.
PASSED AND DULY ADOPTED this _ day of April, 2009.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. IV-B
DATE: April 28, 2009
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT [ ]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 09-117 proclaiming the week of May 3, 2009
through May 9, 2009 as "St. Lucie County Correction Officer's
Week" in St. Lucie County, Florida
BACKGROUND: Chief Garry Wilson, of the St. Lucie County Sheriff's Department
has requested that this Board proclaim the week of May 3, 2009
through May 9, 2009 as "St. Lucie County Correction Officers
Week" in St. Lucie County, Florida. The attached Resolution No.
09-117 has been drafted for that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No. 09-117 as drafted.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0 Faye M. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney: [ ]Management & Budget: [ ]Purchasing:
Daniel S. McIntyre
[ ] Road @ Bridge.: [ ) Parks @ Recreation Director [ ] Solid Waste Mgr
[ ]Finance: (check for copy only, if applicable) Effective 5/96
RESOLUTION NO. 09-117
A RESOLUTION PROCLAIMING MAY 3, 2009
THROUGH MAY 9, 2009, AS "ST. LUCIE
COUNTY CORRECTION OFFICER'S WEEK" IN
ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The week of May 3, 2009, through May 9, 2009, has been designated as
National Correction Officer's Week.
2. Correction Officers are responsible for the infinitely difficult task of providing for
the care and custody of approximately 1,371 inmates held each day in the county's detention
facilities.
3. Correction Officers play a vital role in protecting the rights of the public to be
safeguarded from criminal activity; and the operation of a detention facility represents a crucial
component of the criminal justice system.
4. This Board wishes to acknowledge Sheriff Ken J. Mascara and the 233 certified
correction officers of the Department of Detention.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
1. This Board does hereby proclaim May 3, 2009, through May 9, 2009, as
"ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in St. Lucie County, Florida.
2. This Board urges the citizens of St. Lucie County to recognize our Correction
Officers for the fine job they do in protecting the rights of the citizens of St. Lucie County.
PASSED AND DULY ADOPTED this day of , 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
DEPUTY CLERK
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. IV- L
DATE: April 28, 2009
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT[]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 09-148 proclaiming April 28, 2009, as
"WORKERS MEMORIAL DAY" in St. Lucie County, Florida.
BACKGROUND: Gary P. Hemrick, Maintenance Craft Director Palm Beach Area
Local 749 APWU, has requested that this Board proclaim April
28, 2009 as "Workers Memorial Day" in St. Lucie County, Florida.
The attached Resolution No. 09-148 has been drafted for that
purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No. 09-148 as drafted.
COMMISSION ACTION: CONCURRENCE:
�c] APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
FayeKA) Outlaw, MPA
County Administrator
2 Review and Approvals
[X] County Attorney: C' [ ]Management @ Budget: [ ]Purchasing:
Daniel S. McIntyre
[ ] Road 8 Bridge.: [) Parks & Recreation Director
[ ]Solid Waste Mgr
[ ]Finance: (check for copy only, if applicable) Effective 5/96
RESOLUTION NO. 09-148
A RESOLUTION PROCLAIMING APRIL 28, 2009,
AS "WORKERS MEMORIAL DAY" IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. Every year tens of thousands of American workers are killed by
workplace injuries and occupational disease.
2. Tens of thousands more Americans are permanently disabled and
millions are injured or made ill.
3. Concerned Americans are determined to prevent these tragedies by
observing Workers Memorial Day on April 28, 2009 as a day to remember these
victims of workplace injuries and disease.
4. Efforts are being renewed to seek stronger safety and health
protections, better standards and enforcement, and fair and just compensation.
4. Americans are rededicating themselves to improving safety and health
in every American workplace.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida that this Board does hereby proclaim April 28, 2009, as "WORKERS
MEMORIAL DAY" in St. Lucie County, Florida.
PASSED AND DULY ADOPTED this 28' day of April, 2009.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
V
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. VI - B.1
Date: April 28, 2009
Regular [ ]
Public Hearing[ ]
Consent[X]
PRESENTED BY:
Heather Young
Assistant County Attorney
SUBJECT: Logistics Center - Facilities Use Agreement with Treasure Coast Food Bank, Inc.
BACKGROUND: See C.A. No. 09-0490
FUNDS AVAIL.(State type & No. of transaction or N/A): N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed
Facilities Use Agreement with Treasure Coast Food Bank, Inc., and authorize the Chair to sign the
agreement.
COMMISSION ACTION:
PQ APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
Coordination/Signatures
County Attorney: Mgt. Q Budget:
Daniel 5. McIntyre
Originating Dept.: Other:
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: 09-0490
DATE: April 16, 2009
SUBJECT: Logistics Center - Facilities Use Agreement with Treasure Coast Food Bank,
Inc.
BACKGROUND:
Attached to this ordinance is a copy of a proposed Facilities Use Agreement with
Treasure Coast Food Bank, Inc. for the Logistics Center. As in past years, the agreement
provides for the Food Bank to use approximately five thousand (5,000) square feet to
store surplus commodities for the period May 9, 2009 through and including August 17,
2009. The Food Bank will have access to the space once per week. The County and the Food
Bank entered into similar agreements in 2007 and 2008.
RECOMMENDATION/CONCLUSION:
Staff recommends the Board of County Commissioners approve the proposed
Facilities Use Agreement with Treasure Coast Food Bank, Inc., and authorize the Chair to
sign the agreement.
Respectfully submitted,
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to: County Administrator
Central Services Director
FACILITIES USE AGREEMENT
THIS AGREEMENT made and entered into on this day of ,
2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "County", and TREASURE COAST FOOD BANK,
INC., a not for profit corporation hereinafter referred to as "Food Bank".
WITNESSETH:
WHEREAS, the County owns a facility located at 3855 S. U.S. Highway 1, Fort
Pierce, Florida, hereinafter referred to as the "Facility"; and,
WHEREAS, the Food Bank desires to use the Facility on a temporary basis to store
approximately 200,000 pounds of food; and,
WHEREAS, the County is willing to enter into this agreement with the Food Bank
to permit it to temporarily use the facility for storage.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties agree as follows:
1. SITE
The parties acknowledge and agree that the Facility shall be located at
3855 5. U.S. Highway 1, Fort Pierce, Florida, and shall consist of the main building and
grounds.
2. USE OF FACILITY
C:\Documents and Settings\jmeehan\Local Settings\Temporary Internet Files\OLK137\Food Bank 09 (2).doc
-1-
The Food Bank shall use the Facility to store surplus commodities. The
County shall provide access to the Facility once a week during the term on a mutually
agreeable day. The County shall provide approximately 5,000 square feet in a location at
the Facility that is acceptable to the County and the Food Bank.
3. TERM
The term of this Agreement shall be for the period beginning May 9, 2009
through and including August 17, 2009, unless otherwise terminated as provided herein.
The term of this Agreement may be renewed upon mutual agreement of the parties upon
the same terms and conditions. Either party may terminate this Agreement without cause
upon thirty (30) days prior written notice to the other party.
4. PERSONNEL
The Food Bank represents that it has, or will secure at its own expenses, all
necessary employees and volunteers required to perform the services under this
Agreement. All employees employed by the Food Bank shall not be employees of or have
any contractual relationship with the County. The County, at its option, may provide
County employees to assist the Food Bank in the unloading and storage of commodities at
the facility.
5. INDEMNIFICATION AGAINST CLAIMS
The Food Bank is and shall be an independent contractor and operator,
responsible to all parties for its acts and omissions and the County shall in no way be
responsible for such acts or omissions. To the extent of the insurance coverage set forth
in Paragraph 9 below, the Food Bank shall and will indemnify and hold harmless the County
from and against any and all liability, claims, demands, damages, expenses, fees, fines,
penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's
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fees of any kind and nature arising or growing out of or in any way connected with the use,
occupation, management, or control of the Facility by the Food Bank or its agents,
servants, employees, customers, clients, patrons, or invitees, arising out of or in any way
connected with the operation or conduct of any business or businesses of the Food Bank or
its agents, servants, employees, customers, clients, patrons, or invitees, whether in the
Facility or on the premises, or resulting from injury to person or property, or loss of life
or property of any kind or nature whatsoever sustained during the term of this
Agreement, in or about the Facility or the premises (except for injuries, damages or claims
which are the result of the primary negligence of the County and for which the County is
legally, directly, and primarily liable). The Food Bank further agrees to undertake at its
own expense the defense of any action brought against the County claiming damages
arising out of, in connection with, or by reason of the Food Bank's use of the Facility
except that in the event the claim is finally determined to have arisen due to the
negligence or acts of the County, the County agrees to reimburse the Food Bank for the
actual expenses incurred by the Food Bank in defending the County. The County agrees to
cooperate in any defense by the Food Bank. In consideration of this indemnification
obligation, the Food Bank agrees to pay the County the amount of one and 00/100 dollars
($1.00) which amount shall be due and payable on May 9, 2009.
6. NO LIEN CREATED
The Food Bank covenants and agrees that it has no power to incur any
indebtedness giving a right to a lien of any kind or character upon the right, title and
interest of the County in and to the Facility under this Agreement, and that no third
person shall ever be entitled to any lien, directly or indirectly derived through or under
the other party, or its agents or servants, or on account of any act or omission of any
other party. All persons contracting with the Food Bank or furnishing materials or labor
to the Food Bank, or to its agents or servants, as well as all persons whomsoever, shall be
bound by the provisions of the Agreement.
7. OPERATING COSTS
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The Food Bank agrees promptly to pay when due all of its operating,
maintenance and servicing charges and costs, excluding utilities other than telephone,
incurred in the use and operation of the Facility.
8. INDEPENDENT CONTRACTOR RELATIONSHIP
All persons engaged in any of the work or service performed pursuant to this
Agreement, with the exception of County employees, shall at all times, and in all places, be
subject to the Food Bank's sole direction, supervision and control. The Food Bank shall
exercise control over the means and manner in which it and its employees perform the
work, and in all respects, the Food Bank's relationship and the relationship of its
employees to the County shall be that of an independent contractor and not as employees
or agents of the County. In addition, the Food Bank shall not have the power or authority
to bind the County in any promise, agreement or representation other than specifically
provided for in this Agreement.
9. INSURANCE
The Food Bank shall maintain in effect Workers' Comprehensive Insurance
as required by Florida Statutes, covering all employees of the Food Bank including
employer's liability insurance, with limits of not less than $100,000.00 per accident.
The Food Bank shall furnish County at the time of execution of this
Agreement, the Food Bank's Certificate of Insurance evidencing existence of the
coverage required above with an insurer approved by the Insurance Commissioner for the
State of Florida. In the event a claim is filed against a party for operations that are
covered by the provisions of this Agreement, the party agrees to notify the other parties
of the claim as soon as possible but not later than thirty (30) days after the party
receives the claim, consideration being given to the form of the claim and the time limits
within which answer must be served.
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10. REPAIRS AND MAINTENANCE
The County agrees at its expense to make all routine repairs to the Facility,
including structural, air conditioning, electrical, plumbing, sewer conditions, and all other
repairs that may be required to be made. The Food Bank at its expense agrees to deliver
to the County upon the termination of this Agreement, the Facility in a good state of
repair and condition, ordinary wear and tear, and damage by the elements or fire
excepted. The Food Bank shall keep the Facility at all times in a clean and orderly
condition and appearance and all of the Food Bank's fixtures, equipment and personal
property which are located on any part of the facility which are open or visible to the
general public shall likewise be so kept and maintained. In the event that the Food Bank
fails in any material respect to so clean the Facility within a period of thirty (30) days
after notice from the County to do so, or fails in any material respect diligently to pursue
to completion such action, then the County may, at its option, and in addition to any other
remedies which may be available to it, clean all or any part of the Facility included in such
notice, and cost shall be payable by the Food Bank immediately upon demand of the County.
11. ADDITIONAL COVENANTS OF FOOD BANK
A. The Food Bank shall use and occupy the Facility solely for the purpose
specified in Paragraph 2 of this Agreement.
B. The Food Bank shall pay all applicable taxes, assessments on its
operation as well as on goods, merchandise, fixtures, appliances, equipment and property
owned by it and located in or about the Facility.
12. DEFAULT; TERMINATION
Either party may terminate this Agreement without cause upon thirty (30)
days prior written notice to the other party. In the event the County terminates this
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Agreement, the County shall have the right to re-enter or repossess the property during
the period of the Food Bank's right to use thereof, either by force, summary proceedings,
surrender or otherwise, and dispossess and remove therefrom the Food Bank or other
occupants thereof, without being liable for any prosecution therefore and shall have the
right to utilize the Facility as it determines to be in the best interests of the County.
Should the County incur expenses in enforcing its rights hereunder, specifically including
attorneys' fees and court costs (at the lower court and appellate levels), said expenses
shall be borne by the Food Bank.
13. NON-DISCRIMINATION
The Food Bank for itself, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree that no person on the grounds
of face, color, national origin or sex shall be excluded from participation in, be denied the
benefits or, or otherwise be subjected to discrimination in the use of the facilities.
14. CONFLICT OF INTEREST
The Food Bank hereby represents and warrants that neither it nor any of its
directors, officers, members, partners or employees has any interest nor shall they
acquire any interest, directly or indirectly, which would or may conflict in any manner or
degree with the performance or rendering of the services herein provided. The Food Bank
further represents and warrants that in the performance of this Agreement, no person
having such interest or possible interest shall be employed by it. No elected official or
other officer or employee of the County of St. Lucie nor any person whose salary is
payable, in whole or part, from County Treasury, shall participate in any decision relating
to this Agreement which affects his/her personal financial interest or the financial
interest of any corporations, partnership or association in which he/she is, directly or
indirectly, interested nor shall any such person have any financial interest, direct or
indirect, in this agreement or in the proceeds thereof.
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I M.
15. ASSIGNMENT
No party may assign their rights or obligations under this Agreement
without the written consent of the other parties which consent shall not be unreasonably
withheld. Any attempt to effect an assignment without the County's prior written consent
shall be deemed a default under this Agreement.
16. ENTIRE AGREEMENT
This Agreement and the attachments hereto represents the entire
understanding and agreement between the parties with respect to the subject matter
hereof, and supersedes all other negotiation, understandings, and representations (if any)
made by and between such parties.
17. AMENDMENTS
The provisions of this Agreement may not be amended, supplemented, waived
or changed orally, but only in writing signed by the party as to whom enforcement of any
such amendment, supplement, waiver or modification is sought and making specific
reference to this Agreement.
18. FURTHER ASSURANCES
The parties hereby agree from time to time to execute and deliver such
further and other transfers, assignment and documents and do all matters and things
which may be convenient or necessary to more effectively and completely carry out the
terms of this Agreement.
19. BINDING EFFECT
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All of the terms and provisions of this Agreement, whether so expressed or
not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and
their respective legal representatives, successors and permitted assigns.
20. NOTICES
All notices, requests, consents and other communications required or
permitted under this Agreement shall be in writing (including telex and telegraphic
communication) and shall be (as elected by the person giving such notice) hand delivered by
messenger or courier service, telecommunicated, or mailed (airmail if international) by
registered or certified mail (postage prepaid), return receipt requested, addressed to:
AS TO ST. LUCIE COUNTY
St. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
AS TO THE FOOD BANK:
Executive Director
Treasure Coast Food Bank, Inc.
3051 Industrial 25th Street
Fort Pierce, Florida 34946
WITH A COPY TO:
St. Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
or to such other address as any party may designate by notice complying with the terms of
this Section. Each such notice shall be deemed delivered (a) on the date delivered if by
personal delivery, (b) on the date telecommuniated if by telegraph, (c) on the date of
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In
transmission with confirmed answer bank if by telex, and (d) on the date upon which the
return receipt is signed or delivery is refused or the notice is designated by the postal
authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is
required to give its approval or disapproval to any matter contained herein, such approval
or disapproval shall be given within twenty (20) days from receipt of written requests for
approval or approval shall be deemed to be granted.
21. HEADINGS
The headings contained in this Agreement are for convenience of reference
only and shall not limit or otherwise affect in any way the meaning or interpretation of this
Agreement.
22. PRONOUNS
In this Agreement, the use of any gender shall be deemed to include all
genders, and the use of the singular shall include the plural, wherever it appears
appropriate from the context.
23. SURVIVAL
All covenants, agreements, representations and warranties made herein or
otherwise made in writing by any party pursuant hereto shall survive the execution and
delivery of this Agreement and the consummation of the transactions contemplated
hereby.
24. WAIVERS
The failure or delay of any party prior to a period which would constitute
Inches at any time to require performance by another party of any provision of this
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Agreement, even if known, shall not affect the right of such party to require performance
of that provision or to exercise any right, power or remedy hereunder, and any waiver by
any party of any breach of any provision of this agreement should not be construed as a
waiver of any continuing or succeeding breach of such provision, a waiver of the provision
itself, or a waiver of any right, power or remedy under this Agreement. No notice to or
demand on any party in any case shall, of itself, entitle such party to any other or further
notice or demand in similar or other circumstances.
25. GOVERNING LAW; VENUE
This Agreement and all transactions contemplated by this Agreement shall
be governed by, and construed and enforced in accordance with, the internal laws of the
State of Florida without regard to principles of conflicts of laws. In the event it is
necessary for either party to initiate legal action regarding this Agreement, venue shall be
in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under
state law and the Southern District of Florida, for claims under state law and the
Southern District of Florida for any claims which are justiciable in federal court.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
day of , 2009.
ATTEST:
BY:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
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BY:
County Attorney
ATTEST: TREASURE COAST FOOD BANK, INC.
President
(SEAL)
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DOE
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AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. VI-B.2
DATE: April 28, 2009
REGULAR[]
PUBLIC HEARING []
CONSENT [XX]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: 2009 Economic Development Exemption Application - Lighthouse Industries, Inc. d/b/a
East Coast Plastics; Ordinance No. 09-017
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board accept the report of the Property
Appraiser and grant permission to advertise Ordinance No. 09-017 for a
public hearing on May 12, 2009, at 9:00 a.m. or as soon thereafter as
the item may be heard.
COMMISSION ACTION:
CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
"ount Attorney:
yi y
Daniel 5. McIntyre
Originating Dept.
Finance: (Check for Copy only, if applicable)
Review and Approvals
Management 6 Budget Purchasing:
Other: Ott:
A, /ice nv. �CT�NI�
Eff. 5/96
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO. 09-0363
DATE: April 17, 2009
SUBJECT: 2009 Economic Development Exemption Application - Lighthouse
Industries d/b/a East Coast Plastics
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 is a copy of Ad Valorem
Tax Exemption Program requirements which the Board approved on March 10, 2009.
Attached is an application filed by Lighthouse Industries d/b/a East Coast Plastics.
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, Lighthouse Industries 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 $1,500,000.00.
The estimate of revenue lost to the County if the exemption was granted during the current
fiscal year is 10,200.00.
The application reflects 58 new full-time employees to be employed by Lighthouse
Industries in St. Lucie County. The estimated average wage for the new jobs is $18.64.
Under the property tax eligibility chart, it appears that Lighthouse Industries would
receive a six (6) year exemption, phased as follows:
Year 1 -
100%
Year 2 -
90%
Year 3 -
80%
Year 4 -
60%
Year 5 -
40%
Year 6 -
20%
(more if applicable)
Also attached is a copy of draft Ordinance No. 09-017 which, if adopted, would grant
Lighthouse Industries d/b/a East Coast Plastics an economic ad valorem tax exemption for
a period of six (6) years.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board:
1. Accept the report of the Property Appraiser.
2. Grant permission to advertise Ordinance No. 09-017 for a public hearing on May
12, 2009, at 9:00 a.m. or a soon thereafter as the item may be heard.
Ily„ submit,
Daniel S. McIr
County Attorn
D5M/caf
Attachments
i
ORDINANCE NO. 09-017
AN ORDINANCE RELATING TO ST. LUCIE COUNTY,
FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN
THE COUNTY; ESTABLISHING AN EXEMPTION FROM
CERTAIN AD VALOREM TAXATION FOR LIGHTHOUSE
INDUSTRIES INC. d/b/a EAST COAST PLASTICS,
FLORIDA; PROVIDING THE AMOUNT OF REVENUE
AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE
CURRENT FISCAL YEAR AND THE AMOUNT OF
ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR
WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION
GRANTED TO LIGHTHOUSE INDUSTRIES, INC.;
PROVIDING AN EXPIRATION DATE OF THE EXEMPTION
FROM THE DATE ON BOARD ADOPTION OF THIS
ORDINANCE; PROVIDING A FINDING THAT LIGHTHOUSE
INDUSTRIES, INC. MEETS THE DEFINITION OF A NEW
BUSINESS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA:
ARTICLE I
Short Title
This Ordinance shall be known as County Ordinance No. 09-017 "Economic Development
Ad Valorem Tax Exemption - Lighthouse Industries, Inc.
ARTICLE II
Procedure
After consideration of the report of the Property Appraiser and in accordance with
the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax
Exemption Regulations of St. Lucie County, Florida', the Board grants and establishes an
exemption from ad valorem taxation of the assessed value of Lighthouse Industries, Inc., in
accordance with the following exemption phase out schedule:
-1-
Year 1 (Fiscal Year 2008-09)
- 100%
Year 2
- 90%
Year 3
- 80%
Year 4
- 60%
Year 5
- 40%
Year 6
- 20%
No exemption shall be granted on the land on which improvements are made by
Lighthouse Industries, Inc.
ARTICLE III
Ad Valorem Tax Revenues
Total revenues are available to the County for the current fiscal year from ad valorem
tax sources is $403,644,841.00. Revenues lost to the County for the current fiscal year by
ad valorem tax exemptions under this section currently in effect are $321,514.00. Revenues
to be lost by granting of this exemption for the current fiscal year are estimated to be
$10,200.00.
ARTICLE IV
Expiration Date
The Economic Development Ad Valorem Tax Exemption granted to Lighthouse
Industries, Inc., shall be for six (6) years from the date of Board adoption of this Ordinance.
ARTICLE V
Finding
The Board of County Commissioners of St. Lucie County, Florida, finds that Lighthouse
Industries, Inc. is a new business as defined by St. Lucie County Ordinance No. 92-24 and
Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption
if Lighthouse Industries, Inc. no longer satisfies the criteria set out above.
ARTICLE VI
Severability
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this
Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and
severable provision and such holding shall not affect the validity of the remaining portions
of this Ordinance.
-2-
ARTICLE VII
Effective Date
This Ordinance shall take effect upon receipt of notice of filing from the Secretary
of 5tate.
ARTICLE VIII
Adoption
After motion and second, the vote on this Ordinance was as follows:
Chair Paula A. Lewis
Vice Chair Charles Grande
Commissioner Doug Coward
Commissioner Chris Dzadovsky
Commissioner Chris Craft
PASSED AND DULY ADOPTED this
ATTEST:
Deputy Clerk
-3-
day of , 2009.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
ORDINANCE NO. 92-24
AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF
THE CODE OF ORDINANCES OF ST. LUCIE COUNTY,
0
FLORIDA, BY CREATING ARTICLE V (ECONOMIC
0(Dc
DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO
"
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ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC
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DEVELOPMENT IN THE COUNTY; ESTABLISHING AN
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EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR
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CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES;
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PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING
PROCEDURES FOR APPLICATION FOR EXEMPTION;
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SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN
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CONNECTION WITH SUCH PROPERTY; PROVIDING FOR
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CONFLICTING PROVISIONS; SEVERABILITY AND
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APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE;
o
EFFECTIVE DATE; ADOPTION; AND CODIFICATION
14"
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WHEREAS, the Board of County Commissioners of St.. Lucie
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County, Florida, has made the following determinations:
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1. Section 196. 1995, Florida Statutes, provides the Board of
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County Commissioners may hold a referendum granting Economic
00
Development Ad Valorem Tax Exemptions under Section 3, Article VII
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of the State Constitution. OD cn
2. This Board believes that amending Chapter 1-19.3 W r
n
(Taxation) of the Code of Ordinances of St. Lucie County, Florida, r
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by creating Economic Development Ad Valorem Tax Exemptions for a G) o
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new or expanding business is in the best interest of the health, NBC
safety and public welfare of the citizens of St. Lucie County,
0
Florida. 0
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
passages are deleted. Underlined passages are
added.
1
PART A. AMENDMENT OF CHAPTER 1-19.3 (TAXATION) OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY,
FLORIDA.
Chapter 1-19.3 (Taxation) of the Code of Ordinances of
St. Lucie County, Florida, is hereby amended by creating Article V
(Economic Development Ad Valorem Tax Exemptions) to read as
follows:
Chapter 1-19.3
TAXATION
ARTICLE V. ECONOMIC DEVELOPMENT
AD VALOREM TAX EXEMPTIONS
Section 1-19.3-51. Short Title.
This Ordinance shall be known as County Ordinance No. 92-24,
"Economic Development Ad Valorem Tax Exemption Regulations of St.
Lucie County, Florida."
Section 1-19.3-52. -Enactment and Authority.
Pursuant to Section 3 Article VII of the State Constitution
and in accordance with Chapters 125, 163, 192, 196 and 214, Florida
Statutes and Florida Department of Revenue Rules, Chapter 12D-7,
Florida Administrative Code, incorporated municipalities and
counties individually or in combination are authorized and
empowered to adopt, amend or revise and enforce an ordinance
relating to economic development ad valorem tax exemptions, after
the electors of such municipality or county, voting on the question
in a referendum, authorize the adoption of such ordinance.
passages are deleted. Underlined passages are
added.
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Section 1-19.3-53. Jurisdiction.
The area subject to this Ordinance shall be incorporated and
unincorporated St. Lucie County.
Section 1-19.3-54. Purpose and Intent.
The public health, safety, comfort, economy, order,
convenience and general welfare require the harmonious, orderly and
progressive development of new business and expansion of existing
business within Florida and its incorporated municipalities and
counties In furtherance of this general purpose counties by
Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida
Department of Revenue Rules Chapter 12D-7, Florida Administrative
Code, are authorized and empowered to adopt, amend or revise and
enforce measures relating to economic development ad valorem tax
exemptions for new business and expansion of existing business. It
is the intent' of this Ordinance to secure or to ensure:
2. No precedent shall be implied or inferred by the ctrantin
of an exemption to a new or expanding business.
Applications for exemptions shall be considered by the
Board of County Commissioners on a case -by -case basis for
each application, after consideration of the Property
Appraiser's report on that application.
3. Any exemption granted shall apply up to one hundred
percent (100%) of the assessed value of all improvements
to real property made by or for the use of a new business
and all tangible personal property of such new business,
or up to one hundred Percent (100%) of the assessed value
of all added improvements to real property which
additions are made to facilitate the expansion of an
passages are deleted. Underlined passages are
added.
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of an existing business.
4. Any exemption shall be up to a full ten (10) year period
from the time the exemption is granted.
5. No exemption shall be granted on the land which new or
expanded businesses are to be located.
6. No exemption shall be granted on school or water
management district taxes, or on taxes levied for payment
of )-.^riAa .,,- i-avoa a„thnri 2PA a vote of the electors of
the State Constitution.
Section 1-19.3-55. Definition of Terms.
The following words, phrases and terms shall have the same
meanings attributed to them in current Florida Statutes and the
Florida Administrative Code, except where the context clearly
indicates otherwise:
1. Applicant - Any person or corporation submitting an
Economic Development Ad Valorem Tax Exemption application
to the Board.
2. Board - The St Lucie County Board of Commissioners.
3. Business - Any activity engaged in by any person,
corporation or company with the obiect of private or
public gain, benefit, or advantage, either direct or
indirect.
3.1 New Business -
a. A business establishing 10 or more lobs to
employ 10 or more full-time employees in this
County, which manufactures, processes,
S-trruek thrreugh passages are deleted. Underlined passages are
added.
4
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compounds, fabricates, or produces for sale
items of tangible personal property at a fixed
location and which comprises an industrial or
manufacturing plant;
b. A business establishing 25 or more Jobs to
employ 25 or more full-time employees in this
County, the sales factor of which, as defined
by s 220.15(51, Florida Statutes, for the
facility with respect to which it requests an
economic development ad valorem tax exemption
is less than 0.50 for each year the exemption
is claimed. No business engaged in retail
operations as defined herein shall be eligible
for an exemption pursuant to this subsection
b; or
C. An office space in this state owned and used
by a corporation newly domiciled in this
County; provided such office space houses 50
or more full-time employees of such
corporation; provided that such business or
office first begins operation on a site
clearly separate from any other commercial or
industrial operation owned by the same
business.
Str-uelrc threugh passages are deleted. Underlined passages are
added.
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d. Any business located in an area designated
enterprise zone that first begins operation on
a site clearly separate from any other
commercial or industrial operation owned by
the same business.
3.2 Expansion of Existing Business
a. A business establishing 10 or more jobs to
employ 10 or more full-time employees in this
County, which manufactures, processes,
compounds, fabricates, or produces for sale
items of tangible personal property at a fixed
location and which comprises an industrial or
manufacturing plant; or
b. Any business establishing 25 or more -fobs to
employ 25 or more full-time employees in this
County, the sales factor of which, as defined
by s.220.15(5), Florida Statutes, for the.
facility with respect to which it requests an
economic development ad valorem tax exemption
is less than 0.50 for each year the exemption
is claimed provided that such business
increases operations on a site colocated with
a commercial or industrial operation owned by
the same business, resulting in a net increase
in employment of not less than 10 percent or
passages are deleted. Underlined passages are
added.
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an increase in productive output of not less
than 10 percent. No business engaged in
retail operations as defined herein shall be
eligible for an exemption pursuant to this
subsection b.
c. Any business located in an enterprise zone that
increases operations on a site colocated with
a commercial or industrial operation owned by
the same business.
3.3 Business engaged in retail operations - a business
engaged in a sale to a consumer or to any person of
an item of tangible personal property for any
purposes other than for resale.
4. Department - The Florida Department of Revenue.
5. Improvements - Physical changes made to raw land, and
structures placed on or under the land surface.
All personal property acquired to facilitate an
expansion of an existing business provided that the
personal property is added or increased on or after
the day the ordinance is adopted. However, personal
property acquired to replace existing property shall
not be considered to facilitate a businesses
expansion.
6. Sales Factor - A fraction the numerator of which is the
total sales of the taxpayer in this state during the
Strruek—huh passages are deleted. Underlined passages are
added.
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taxable year or period and the denominator of which is
the total sales of the taxpayer everywhere during the
taxable year or period (See Section 220.15(5), Florida
Statutes for specifics of computation).
Section 1-19.3-56. General.
The Economic Development Ad Valorem Tax Exemption is a local
option tax incentive for new or expanding business which may be
granted or refused at the sole discretion of the Board. To apply
for such an exemption a business locating, or expanding in the
corporated or unincorporated area of St' Lucie County must file an
application (Florida Department of Revenue Form DR-418._- See
Attachment 11 with the Board._
Satisfactory proof that the business meets the criteria for
exemption as a new business or expansion of an existing business as
defined by this Ordinance must accomiany the Application.
The Application shall be filed on or before 1 March of the
year in which an exemption is requested.
Exemption from County tax may only be granted by the Board.
The exemption granted under this Ordinance shall not accrue to
improvements to real property made by or for the use of new or
expanding businesses when such improvements have been included on
the tax rolls prior to the referendum authorizing this Ordinance.
Section 1-19.3-57. Procedure.
Before the Board acts on an application, it must be submitted
to the Property Appraiser for review. After careful consideration,
Striaec gh passages are deleted. Underlined passages are
added.
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the Property Appraiser shall report to the Board concerning the
fiscal impact of granting exemptions._
The Property Appraiser's Report shall include the following:
1.
2.
3.
4.
The total revenue available to the County for the current
fiscal year from ad valorem tax sources.
The amount of revenue foregone by the County for the
assist in making this determination.
After consideration of the report of the Property Appraiser,
the Board may choose to adopt an Ordinance granting the tax
exemption to a new or expanding business. The Ordinance shall be
adopted in the same manner as any other ordinance of the County.
The Ordinance shall include the following information;
1.
2.
The name and address of the new or expanding business.
The amount of revenue available from ad valorem tax
amount of estimated revenue which ,ould be toregone
because of the exemption granted to the new or expanding
SS.
3. The exRiration date of the exemption (Up to ten years
from date of Board adoption of the Ordinance granting the
exemption)
4. A finding that the business meets the definition of a new
business or an expansion of an existing business.
Str-eele threegh passages are deleted. Underlined passages are
added.
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5. The Board's, authority to revoke an exemption if the
business no longer satisfies the criteria for the
exemption.
Section 1-19.3-58. Fees.
Fees charged to offset the cost of processing the Economic
Development Ad Valorem Tax Exemption Application or any Exemption
Ordinance shall be adopted by the Board by resolution.
Section 1-19.3-59. Eligible Business or Industry.
Any business or industry, as defined in Section 1-19.3-55,
Paragraph 3.1 and 3.2, that does not qualify as an ineligible
business or industry as defined in Section 1-19.3-60.
When considering the issue of whether or not a business or
industry is an eligible business as defined herein, the Board shall
consider the anticipated number of employees, average wage, type of
industry or business environmental impacts, volume of business or
Production or any other information relating to the issue of
whether the proposed development would significantly improve
economic development in St. Lucie County prior to accepting the
Economic Development Ad Valorem Tax Exemption Application. The
criteria for determining the length of an exemption and the
percentage amount of an exemption may be formulated by the Board by
resolution. The criteria shall provide for incentives for
businesses that employ St Lucie County residents who establish
permanent domicile pursuant to Florida Statutes.
passages are deleted. Underlined passages are
added.
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Section 1-19.3-60. Ineligible Business or Industry.
Any business or industry in violation of any federal, state,
or local law or regulation governing environmental matters such as
air, water, and noise pollution.
Section 1-19.3-61. Appeals.
The decision of the Board not to grant an Economic Development
Ad Valorem Tax Exemption to a particular business or industry is
subject only to iudicial review pursuant to the Florida Rules of
Appellate Procedure.
Section 1-19.3-62 - 1-19.3-70. Reserved.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to
unincorporated areas of St. Lucie County, and adopted prior to January
1, 1969, County ordinances and County resolutions, or parts thereof,
in conflict with this ordinance are hereby superseded by this ordinance
to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable
to any person, property, or circumstance, such holding shall not affect
its applicability to any other person, property, or circumstance.
passages are deleted. Underlined passages are
added.
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PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy
of this ordinance to the Bureau of Administrative Code and Laws,
Department of State, The Capitol, Tallahassee, Florida, 32304.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect only upon approval by the voters
on November 3, 1992 of the ballot question authorized by the Board
in Resolution No. 92-175.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman Jim Minix AYE
Vice Chairman Jack Krieger AYE
Commissioner Judy Culpepper AYE
Commissioner Havert L. Fenn AYE
Commissioner R. Dale Trefelner AYE
PART G. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of St. Lucie County, Florida, and the word " "ordinance"
may be changed to "section", "article", or other appropriate word,
and the sections of this ordinance may be renumbered or relettered
to accomplish such intention; provided, however, that parts B to G
shall not be codified.
passages are deleted. Underlined passages are
added.
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PASSED AND DULY ADOPTED THIS 6th day of October, 1992.
ATTEST:
BOARD OF COUNTY COMMISS I ON..Fiiit ? o
ST. LUCIE COUNTY, FLORID.A.
CHAIRMAN �t
c1. y v
passages are deleted. Underlined passages are
added.
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n.i:nc ECONO DEVELOPMENT AD VALOREN. KEN1PTION
Charter 196. Flonda Statutes
1e M illed $vlth the Board of County C—Issionen, Ins governing board of the municipality, or both, no later than March 1 Of the year the exemption Is
A-- to take affect.
I. Business Name and Mailing Adores.: s
2,
].
give name and tlephone number of Owner or Person In Charge Of this business: —
Name Telephone Number
Exact Location (Legal Description and Street Address) at Property for which this return II filed:
IT
a. Date you began, or will begin, business at this fac1111y:
S, a. Description of the Im.—shvents to real Property for which the exemption 1s requested:
0
00
b. Data Of c mmencgmfnt Of eO n etruetion Of Improvements:
6• A. Description of the tangible POMOnal property for which the exemption it "quested and pate when property was, or is to be, purchased:
ro
TAspavewM �•.
ESTIMATE
OF TAXPAYERS
DATE CONDITION ESTIMATE OF
OF ORIGINAL p FAIR MARK
o ET
CLASS OR ITEM AGE COST : ° VALUE
PURCHASE
a
APPRAISER'S
a USE ONLY
c
O N
b. Avenga Value of Inventory on hand:
C. Any additional personal property not listed above for which an exenlDt)On is Claimed must be returned on tam DR405 (Tangible Personal Property Tax
Return) and a copy attached to this tam.
7. Do you dears assumption as a "New Businga" ❑ or" an "Expansion of an Existing Business" ❑
1. Deseribe the Type or Nature of Your Business;
9. Trade Level (Chack at many as apply): Retail ❑ Wholesale ❑ Manufacturing ❑ Professional ❑ Service ❑ Office ❑ Other [j
►6, L Number Of full-time employed to be employed In Florida
A If an expansion of an existing business:
(1) Net Increase in Employment at 4
(2) increase In productive Output resuitfnc tram Thrt a%Dansi on
11. Ssld'actor for the facility requesting exemption:
Total sales In Florida from this facility -One (1) $Mellon only divlo so by
Total sales everywhere from this facility -One (1 ) location only e %
12, Fiat Office apace owned and used by A corporation newly domiciled In Florida:
e. Data of incorporation In Florida:
b. Number of Full-time employees at this location:
14. If rqdting an exemption due fo too tion in a m
outurn or blighted area, please furnish such additional Information as required by the County Commission,
City Cprflnllsslon, or Property Appraiser,
1 hereby request the Adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant fo Section 196.1925, Florida
1111a110tes. I agree to furnish such other reasonable information as the Board of County Commissionen, the governing authority of the municipality, or the ProA
Ball Appraiser may request in regard to the exemption requested herein. I hereby ccrlNy that the information and valuation stated above by me Is true, correct,
..it Complete so the best of my krsowle0ge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all Information of which he
Bus any knowletlgA.)
DATE: SIGNED:
(Prepare')
SIGNED:
IT"payer) (Preparer's Address)
TITLE:
(Preparees Telephone Number)
PROPERTY APPRAISER'S USE ONLY
L Total revenue available to the County or municipality for the Curtains fiscal year from ad valorem tax sources:
N. Reeenue last to the county or or municipality for the current fiscal year by virtue of exemptions previously 9rantea doaer this section:
gtp. Estimate of the rcYeripe which would be lost to the county or municipality during the current fiscal year it the exemption applied for were granted had the
Paaptrty for which the exemption Is requested otherwise been subject to taxation:
gV, Estimate of the taxable value lost to the county or municipality If the exemption applied for were granted:
smiled ens$ to real property Personal Property
V. f have determmeo that the oroperty iist_ed above meeti the definition, a$ defined by Section 196.012(16) or (15), Florida Statute$, as a New Business V,
/e-111itterewsion of an Existing Business U , or Ntither J
�. Last year I- which exemption Tay be applied _
DATE: SIGNED:
#10aiwoerty Appnner)
WTLIRN TO 13E FILED NOT LATER TITAN NIARCH 1
ATTACHMENT 1
OR BOOK 0 8 2 3 PAGE 2 6 1 4
GENERAL iNFORMATION
C}nder the consitutional amendment passed by the voters of Florida on October 7. 1980. tax exemptions can he
rrranted to new and expanding businesses only after the voters of a city and/or county vote in a referendum to allot)
exemptions for that city or county. Section 190.1995, Florida Statutes, requires that a referendum be held if: (1 ) The
Board of County Commissioners or governing authority of a municipality (city or county commission) votes to hoic
such a referendum. or (1) 11' the county or city commission receives a petition signed by ten percent of the registerce
voters of the county or city. This referendum question can then be placed before the voters of a city or county at any
regular election or special election called for voting on the tax incentive referendum or for any other purpose.
If the voters authorize exemptions. a company must first meet the definitions of a new or expanding business
New Business
(a) A manufacturer which establishes ten or more full-time jobs.
(b) A business with more than 50ir of its sales outside the State of Florida which establishes 25 or more
jobs.
(c) Office space of a new Florida corporation housing 50 or more full-time employees of the corpc•-
ration.
(The above are applicable if the business is on a site clearly separate from any, other facility owned by t:1t
same company.)
(d) Any business located in a slum or blighted area as defined by Section 163.355. Florida Statutes.
Expansion of an Existing- Business
(a) A manufacturer Spat adds n minimum of ten new employees and increases employment by 10ir or
increases productive output by a minimum of 10%.
(b) A business with more than 5017c of its sales outside the State that adds a minimum of 25 new err:-
ptvyees and increases employment by 10% or increases productive output by a minimum of 107.
The expansion must be on the same or a colocated site of the business' current operations,
If a business meets one of the above definitions as anew or expanding business, it must then file this applica-
tion with the county or city commission or both.
After the city or county commission receives this application. it must submit the application to the county
property appraiser for review. After the property appraiser makes the report as to the fiscal Impact of granting the
exemption, the county or city commission shall then adopt an ordinance in the usual manner -granting the exemption.
if it chooses to do so.
A business cannot receive exemption from school taxes or water management district taxes. Also. a business
must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies
authorized by the voters of a city or county.
The exemption can only be for the improvements to the real property and for tangible personal property. The
Und on which the new or expanding business is to be located will still be taxed and t •s must be paid on it.
The action taken by a city or county commission can only exempt the taxes paid to that governmental body. A
city can only exempt its taxes: a county can only exempt its taxes. All other taxes must be paid.
This exemption shall first apply to the 198 1 assessment rolls.
Section 193.360(7), Florida Statutes, --Slum
arrea" means an area in which there is a pre -
of buildings Or IMF, ---lots,
whether residentlaI or nonresidential, which by
mason Of CHISO aLion, deterrdratlOrl, ace Or
dososescenanee Inadequate Provision lor'ventfla-
then, light, air, sanitation, or open spaces, nigh
ssens)ty of population and overcrowding, the ex.
Islence of conditions which endan Per tire. or pro.
perry Dy lire O, other G�sC, cr env COmDi^
asinn n' suen factors is cnneucrve w neap
1—smisS,on 01 disease, ihfan; rnorlalit )uveniie
oellnquency, or crime ano Is detrimental 10 the
Public health, safety, morals or welfare.
45) .all fins ad area" means an area In which
Wmre are a SUDslanllal number Ot SIUm, deign-
gated, or deteriorating structures and conditions
,IPWcM endanger life or property by fire or Other
aaaews or one or more of the following factors
which substantially Impairs or arrests the sound
growth of a county or municipality and is a
—Mae. to the public health, Safety, morals, or
w 414re In Its present condition and use:
a Predominance or dOective or inadequate
street lay. ul;
:I Fa Ulty lot layout in relation to size, ad-
WWCy, aCC"Slbllity Of usefulness;
S) unsanitary or unsale conditions;
SM Oeterloration of site or Other improve.
saints;
4) Tax or special assessment delinquency ex,
deed in the fair value of trig land; and
11) Oiversily .1 owners... or defective or u .
usual conditions or title which prevents the tree
falanabllily Of land within the oeter.orate i or
Mzardous area.
faeNon 196.011(1), Florida Statutes . Failure to
mane caollcatlon by MarCh 1 of ary veal shall
Consltiute a waiver Of Ine exem Pt— for that
year.
5—tlon 196.012114) and (15), Florida Statutes,
,Jata) "New business" means:
P7) A business estabflsning 10 or more jobs 10
employ 10 or more Lull -lime lmDlOytes11
Fswlpa, which span UfiCi urea, Dr OC calif, COm-
poundf, fabricates, 01 products for Sale items 01
tangiole personal Property at i fixed location no
►Mich comprises an Indu3inal Or manulaclunng
Irtirn t : nr
STATUTORY DEFINITIONS
(2) Any business essabtisning 25 or more logs
to employ 25 or mole full-time employees in
Florida, Inc sales factor of which, as palmed by
S. 214.71(3), for the facility wish respect to
which it requests an economic development ad
valorem tax Oxemotwh 1s less than 0.50 far each
year the exemption IS Clalinedt or
(3) Any office space in Florida owned and
uses ov a corporation newly commitea in Florida
Oro video suer ..lice space house: 50 n morr
tulle— e - ninvee; Or lucl C.I.—
Ti-.a in., Such ."s ss or of lice i rst begihs ..c,-
miOn on a site clearly separate from any other
commercial or Industrial operations owned by
the same ouslness.
(a) Any business Iocatec In an area designated a
slum or bllgnteci area pursuant to s. 163.355. For
the ourDOse Of this section, the terms slum area
Or blighted area Snail nave the same meaning as
in 1. 163.34017 ) and IS) -
(25) "Expansion of an existing ouslness" means:
(a) A ouslness eslaolisri ng )0 or more jobs to
employ 10 or more full -lime employ.., in
Florloa• which manufaelures, processes, I, -
pounds, faprlcales. or produces for sale items 01
tangloie personal property at a fixed location
and which comprises an industrial of manulact.
urtng plant; Or
to) Any business establishing 25 Or mote labs
t0 employ 25 or more full-time employees i
Fi art dd, whose sales factor as defined oy s.
214.71(3) for the facility with respect to which
it requests an economic development ad valorem
tax exemption is less than 0.50 1., each year the
exemption is Claimed;
Provided that such business increases operations
On a site cooeated with a commercial or lnoust.
rial operation Owneo by Ine same business, re-
sulting in a net increase in employment of not
less Iran i0 percent or an increase in productive
put put at not leis than 30 Percent.
Section 214.71 (3). Florida Statutes • Sales Factor
(3) The sash factor is a Traction the pusher•
at Or 0l wn,cn is the total sales of the taxpayer in
this slate curing the taxable year at period and
the oenOminat0r of wrlcn is in, total sales Of the
taxpayer everywhere outing the taxable year or
period.
tall. Sales of tangible personal property ate
in this slat! it the property is aellvere0 or snip.
Pea to a Purchaser within this state, regardless of
the f.O.D. point or other cohdit)onS Of the sale.
2. When Citrus irult is delivered by a Cooper-
atlw for a grower.member, by a grower-memae•
to a C000erat1w, or by a grower -participant to a
Florida Processor, the sales factor for Such grow-
ers for such Cltfm fruit deliwlao to such proces
sor snail be the same as the sales factor for the
most recent taxable year as that Processor. 7n
sale_ latter, 1.Dr-$.0 pn of a Dercentaee an -
not , .rims of the dolmr vonrme m s ia. so r
10 Pl Otr.Cl Inc Confidentiality of the sales Of ine
Processor. shill be furnished on the reov % C'
such a grower promotly after It has been deter•
mired for that taxable year.
3. Reimbursement of expenses under an agency
contract between a cooperative, a grower-mem.
ber of a cooperative, or a grower and a Pr tc,Soi
win not be OeemeC a Sale within the stale.
(D) Sales Of a financial organization, including,
but is 01 limited 10, banking ano savings institu-
liOns, investment companies, real eStale Invest•
ment trusts• and brokerage companies. Shall be in
Inis State 11 derived from;
1. Fees, Commissions• or other compensation
for financial services renaered wltnin this Stale
2. Gross Profits from trading In stocks. Po—
or Other Securities managed within Inis state.
3. Interest and oivioenas received within trill
slate;
4. Interest Charged to customeR at olaces O'
business maintained within this stale lot carrylnf
Debit balances 01 margin accounts, wltnoui Or.
auction of any costs incurred in carrying suen a<
counts; and
5. Any other gross income resulting no-i the
operatinn as a financial organization within Inn
state.
In computing ine amounts referred to ,n This
paragraph, any amorml received - err O'
Ilrl afflllateC group (oelerminecl under S C1504(a)
of Ine Internal Renenue Code, 0.1 without re.
ference to wnetnel any Such Corporation i5 an
•'IOCIUOible corporation" under s. 1504(b) of enr
Internal Revenue Code) from snot per member If
such group shall be InOuo.c only to Inc extent
such amount exceeds expenses at Ine recipient
directly related thereto.
OO9Z 301id
EZ9O NO013 HO
1111 UN 1111 HI3 I H iN 11111 lull Phil Nish I
Ad Valorem Tax Exemption Program
St. Lucie County
3/10/2009
The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the application and
instructions for the Economic Development Ad Valorem Tax Exemption Program, which is designed
to assist economic development through exempting certain property taxes. First, to help determine if
you qualify under this incentive program, you should read Section IV, "Do You Qualify for a Tax
Exemption".
If you have any questions about this program, including eligibility, or regarding the application
process, please contact William J. Hoeffner, Grants R./D. Recovery Director, at (772)462-1467.
Table of Contents
I. Program Intent
II. Enactment Authority
III. Definition of Terms
IV. Qualification for Tax Exemption — "Do You Qualify for a Tax Exemption"
V. Application for Exemption
VI. Exemption Application Process
VI1. Contact Source for Assistance
Attachments
A. State Application, County Supplemental Application, Annual Report
Forms
B. Economic Development Ad Valorem Tax Exemption Ordinances:
Ordinance #92-24
C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16) F.S.
D. St. Lucie County Tax Exemption Guidelines
I. Program Intent
Updated 03.10.2009
The St. Lucie Board of County Commission, in Florida believes that local government should support
economic growth by providing an incentive for County employment opportunities that will lead to the
improvement in the quality of life for County residents, positive expansion of the economy in terms of
new jobs and improvements to real and personal property, and creating jobs in such a way so as not
to disadvantage existing businesses while recognizing that productive competition fosters economic
growth.
The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or
expanding businesses, which may be granted at the sole discretion of the Board of County
Commissioners. Incentives could be provided to businesses of diverse industries that would have a
positive impact on the County's economy.
Any exemption granted may apply up to one hundred percent (100%) of the assessed value per
Section 9 and Section 12 of Article VII, of the Florida State Constitution, of all improvements to real
property made by or for the use of a new business and of all tangible personal property of such new
business, or up to one hundred (100%) of the assessed value of all added improvements to real
property made to facilitate the expansion of an existing business and of the net increase in all tangible
personal property acquired to facilitate such expansion of an existing business, provided that the
improvements to real property are made or the tangible personal property is added or increased after
the date of the preliminary application or one year prior to the filing of the final application. Property
acquired to replace existing property may not be considered to facilitate a business expansion. The
exemptions may not apply to improvements to real property made by or for the use of new or
expanding businesses when such improvements have been included on the tax rolls prior to the
preliminary application or one year prior to the filing of the final application.
The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to
maintain the new business or the expansion of an existing business as defined in Section III.E. and H.
throughout the entire exemption period. The applicant will be required to submit a report on an
annual basis to the County evidencing satisfaction of this condition. The annual report shall be
submitted on the attached form. In addition, any business granted an exemption will furnish to the
County or its designee such information as the County or its designee may reasonably require for the
purpose of determining continued performance by the business of the conditions stated in the
exemption ordinance and the representations made in the application.
2
Updated 03.10.2009
II. Enactment Authority
Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995 Florida Statutes,
empower the County to grant Economic Development Ad Valorem Tax Exemptions after the electors
of the County, voting on the question in a referendum, authorize such exemptions. In a referendum
held on this issue on November 5, 2002, the voters of St. Lucie County authorized the County to
grant Economic Development Ad Valorem Tax Exemptions. This exemption program is applicable in
all areas of St. Lucie County where the County is the taxing authority.
The exemption applies only to taxes levied by St. Lucie County, where the County is the taxing
authority. The exemption does not apply to taxes levied by the school district or water management
district, fire district or to taxes levied by the voters for the payment of bonds or other special taxes
authorized by a vote of the electors pursuant to Section 9 and Section 12. Article VII, of the Florida
State Constitution.
The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is entitled
"Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie County, Florida".
Resolution No. 03-258 provides additional guidelines for implementation of the Ad Valorem Tax
Exemption Program.
Updated 03.10.2009
III. Definition of Terms
The following words, phrases, and terms shall have the same meanings attributed to them in current
Florida Statutes and the Florida Administrative Code, except where the context clearly indicates
otherwise:
A. Applicant — Any person, firm, partnership, or corporation that files an application with the
St. Lucie Board of County Commissioners seeking an economic development ad
valorem tax exemption.
B. Business — Any activity engaged in by any person, firm, partnership, corporation, or
other Business organization or entity, with the object of private or public gain, benefit, or
advantage, either direct or indirect.
C. County — St. Lucie County.
D. Department — The Florida Department of Revenue.
E. Expansion of an Existing Business:
As defined in Section 196.012(16), Florida Statutes, an Expansion of an Existing
Business means:
(a) A business establishing ten (10) or more jobs to employ ten (10) or more
full-time employees in this State, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal
property at a fixed location and which comprises an industrial or
manufacturing plant;
(b) Any business establishing twenty-five (25) or more jobs to employ twenty-
five (25) or more full-time employees in this State, whose Sales Factor, as
defined by Section 220.15(5), Florida Statutes, for the facility with respect
to which it requests an economic development ad valorem tax exemption
is less than 0.50 for each year the exemption is claimed; or
(c) Any business located in an Enterprise Zone that increases operations on a
site collocated with a commercial or industrial operation owned by the
same business.
2. Any expansion of an existing business must increase operations on a site
collocated with a commercial or industrial operation owned by the same
business, resulting in a net increase in employment of not less than ten percent
(10%) or an increase in productive output of not less than ten percent (10%).
The ten percent (10%) requirement does not apply to Enterprise Zones.
F. Extraordinary as determined by St. Lucie Board of County Commissioners.
G. Improvements — Physical changes made to raw land, and structures placed on or under
the land surface.
4
Updated 03.10.2009
H. New Business - As defined in Section 196.012(15), Florida Statutes, a new business
means:
A Business establishing ten (10) or more jobs to employ ten (10) or more full-time
employees in this State, which manufactures, processes, compounds, fabricates,
or produces for sale items of tangible personal property at a fixed location and
which comprises an industrial or manufacturing plant; or
2. Any business establishing twenty-five (25) or more jobs to employ twenty-five
(25) or more full-time employees in this State, whose Sales Factor, as defined by
Section 220.15(5), Florida Statutes, for the facility with respect to which it
requests an economic development ad valorem tax exemption is less than 0.50
for each year the exemption is claimed; or
3. An office space in this State owned and used by a corporation newly domiciled in
this State; provided such office space houses fifty (50) or more full-time
employees of such corporation; or
4. A business located in an Enterprise Zone (pursuant to Section 290.0065, Florida
Statutes).
5. Any new business must first begin operation on a site clearly separate from any
other commercial or industrial operation owned by the same Business.
Property within a Community Redevelopment Area (CRA) — Any property located within
a CRA created pursuant to Section 163.330, et.seg-. Florida Statutes where a portion of
the County tax revenue will go directly to the CRA.
Real Property — Shall be defined in Section 192.001, Florida Statutes.
K. Sales Factor — As defined in Section 220.15.(5), Florida Statutes, the sales factor is a
fraction, the numerator of which is the total sales of the taxpayer in this State during the
taxable year or period and the denominator of which is the total sales of the taxpayer
everywhere during the taxable year or period.
L. State — State of Florida.
M. Tangible Personal Property — Shall be as defined in Section 192.001, Florida Statutes.
Updated 03.10.2009
IV. Qualification for Tax Exemption "Do You Qualify for a Tax Exemption"
Before completing an application, please read the following eligibility requirements that determine
whether you qualify for a tax exemption under the "Economic Development Ad Valorem Tax
Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92-24),
A. Ad valorem tax exemptions apply to new businesses locating to St. Lucie County and to
expansion of businesses already situated in St. Lucie County.
B. New or expanding businesses must make a positive contribution to the
economy of St. Lucie County in terms of new jobs and improvements to real and
personal property.
C. Incentives are applicable to businesses of diverse industries with the
exception of retail operations.
D. Any and all exemptions granted must result in an economic benefit to the County, i.e.,
exemptions would support St. Lucie County and its existing businesses.
E. The applicant must be a person, firm, partnership, or other Business organization or
entity, with the object of private or public gain, benefit, or advantage, either direct or
indirect.
F. New Business
1. As defined in Section 196.012(15), Florida Statutes, a new Business must meet
the following criteria:
(a) A business establishing ten (10) or more jobs to employ ten (10) or more
full-time employees in this State, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal
property at a fixed location and which comprises an industrial or
manufacturing plant; or
(b) Any business establishing twenty-five (25) or more jobs to employ twenty-
five (25) or more full-time employees in this State, whose Sales Factor, as
defined by Section 220.15(5), Florida Statutes, for the facility with respect
to which it requests an economic development ad valorem tax exemption
is less than 0.50 for each year the exemption is claimed; or
(c) An office space in this State owned and used by a corporation newly
domiciled in this State; provided such office space houses fifty (50) or
more full-time employees of such corporation; or
(d) A Business located in an Enterprise Zone (pursuant to Section 290.0065,
Florida Statutes).
(e) Any new business must first begin operation on a site clearly separate
from any other commercial or industrial operation owned by the same
business.
6
Updated 03.10.2009
G. Expansion of an Existing Business
1. As defined in Section 196.012(16) Florida Statutes, an Expansion of an Existing
Business must meet the following criteria:
(a) A business establishing ten (10) or more jobs to employ ten (10) or more
full-time employees in this State, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal
property at a fixed location and which comprises an industrial or
manufacturing plant; or
(b) Any business establishing twenty-five (25) or more jobs to employ twenty-
five (25) or more full-time employees in this State, whose Sales Factor, as
defined by Section 220,15(5) Florida Statutes, for the facility with respect
to which it requests an economic development ad valorem tax exemption
is less than 0.50 for each year the exemption is claimed; or
(c) Any business located in an enterprise zone that increases operations on a
site collocated within commercial or industrial operation owned by the
same business.
2. Any expansion of an existing business must increase operations on a site
collocated with a commercial or industrial operation owned by the same
business, resulting in a net increase in employment of not less than ten percent
(10%) or an increase in productive output of not less than ten percent (10%). The
ten percent (10%) requirement does not apply to Enterprises Zones.
H. The exemptions shall not accrue to improvements to real property made by or for the
use of new or expanding businesses when such improvements have been included on
the tax rolls prior to the preliminary application or one year prior to the filing of the final
application.
Property acquired to replace existing property shall not be considered to facilitate a
business expansion.
J. No exemption shall be granted for the land upon which new or expanding businesses
are to be located.
K. The ability to receive an exemption for the period granted is conditioned upon the
applicant's ability to maintain the new business or the expansion of an existing business
throughout the entire period.
L. Any existing business in violation of any federal, State, or local law or regulation
governing environmental matters is not eligible for an exemption.
7
Updated 03.10.2009
V. Application for Exemption
A. Any eligible person, firm, partnership, or corporation, which desires an exemption, must
file with the County's Grants Resource/Disaster Recovery Department an application
prescribed by the State Department (Form DR-418, and County Supplemental
application).
B. The application requests that the County adopt an ordinance granting the applicant the
exemption and includes, at a minimum, the following:
1. The name and location of the new business or the expansion of an existing
business;
2. A description of the improvements to the real property for which an exemption is
requested and the date of commencement of construction of such improvement
and estimated completion date;
3. A description of the tangible personal property for which an exemption is
requested and the dates when such property was or is to be purchased.
4. Proof, to the satisfaction of the County, that the applicant meets the criteria for a
new business or for an expansion of an existing business as defined in Section
III;
5. The following information:
(a) anticipated total number of employees and new employees;
(b) expected number of employees who will reside in St. Lucie County;
(c) average wage of employees (excluding the top executive's salary);
(d) type of Industry or business;
(e) environmental impact of business;
(f) anticipated volume of business or production;
(g) whether relocation or expansion would occur without the exemption;
(h) cost and demand for services;
(i) source and supplies (local or otherwise);
0) whether business will be/is located in a community redevelopment area;
6. Other information deemed necessary by St. Lucie County.
C. If a new Business or an Expansion of an Existing Business is locating in a Community
Redevelopment Area, the Community Redevelopment Board shall be provided with a
copy of the application for review and comment. Input from the Community
Redevelopment Board will be considered in deciding whether an application is to be
granted. Should the Community Redevelopment Board object to the granting of Tax
Exemption, the agency may submit an objection in writing to the BOCC for its
consideration.
Updated 03.10.2009
VI. Exemption Application Process
The "fully completed" Economic Development Ad Valorem Tax Exemption final application must be
filed with the St. Lucie County, Grants Resource/Disaster Recovery Department, by a representative
of the company. The threshold for eligibility is whether the Business meets the definition of a new
business or of an expansion of an existing business as defined in Section III, and one which is not an
ineligible Business or industry.
The County will take action on the final application, including the enactment of the required ordinance
should the County decide to grant the exemption, within ninety (90) days from the date that a fully
completed final application is accepted. During this 90-day period, interested agencies and parties
will have an opportunity to review and comment on the application. To impact the November tax bill,
the final application must be submitted by March 1st of the same year. The following steps provide
the applicant a reasonable understanding of St. Lucie County Economic Development Ad Valorem
Tax Exemption process and requirements.
Step 1: Preliminary Application Submittal: It is recommended that anyone contemplating whether
to file an exemption application must first contact the County's Grants Resource/Disaster Recovery
Department , and request a meeting to assess the feasibility of filing an exemption application and
acquire assistance in completing the preliminary application.
Step 2: Submission of Preliminary Application to the County: On behalf of the applicant, the
representative of the company will submit one original of the State application, the County
supplemental application, a one -page narrative describing the business, and appropriate
attachments. The applicant will also submit a map identifying the location and configuration of the
subject property with legal description.
Step 3: Preliminary Eligibility and County Commission Resolution: The County Grants
Resource/Disaster Recovery Department will accept and review the application for preliminary
eligibility. The Grants Resource /Disaster Recovery Department will review and notify the applicant of
eligibility and/or any application deficiencies within thirty (30) days of submission.
Step 4: Preparation of the Final Application: Upon receipt of the final application, the County
Grants Resource/Disaster Recovery Department will: (1) determine eligibility; (2) request the
Property Appraiser to conduct its analysis; (3) conduct an economic impact analysis; and (4)
advertise for a public hearing to consider adopting an exemption ordinance on behalf of the business.
Step 5: Review, Analysis and Recommendation of the Property Appraiser and GRDRD: Within
a 90-day period, copies of the application are to be reviewed by the St. Lucie County Property
Appraiser's Office and St. Lucie County staff. Any legal issue will be referred to the County Attorney's
Office for review and comment.
The Property Appraiser will review the application and provide in writing the fiscal impact of granting
the exemption, sign the State application, and forward to St. Lucie County Grants Resource/Disaster
Recovery Department. As required by Florida Statute the Property Appraiser's report will include the
following:
9
Updated 03.10.2009
1. The total revenue available to the County for the current fiscal year from ad
valorem tax sources or an estimate of such revenue if the actual total available
revenue cannot be determined;
2. The amount of revenue lost to the County for the current fiscal year by virtue of
exemptions previously granted, or an estimate of such revenue if the actual
revenue lost cannot be determined.
3. An estimate of the amount of revenue which would be lost to the County for the
current fiscal year if the exemption applied for was granted had the property for
which the exemption is requested otherwise been subject to taxation; and
4. A determination as to whether the property for which an exemption requested is
to be incorporated into the new business or the expansion of an existing
business, or into neither, which determination the Property Appraiser shall also
affix to the face of the application. Upon request, the Department will provide the
Property Appraiser such information as it may have available to assist in making
this determination.
St. Lucie County staff will review a copy of the application. The GRDRD staff will conduct an
economic impact analysis and forward its comments to the County Administrator.
Step 6: Preparation of the Exemption Ordinance: The Grants Resource/Disaster Recovery
Department will forward to the County Attorney's Office for preparation of the Ordinance and for
scheduling the exemption application and ordinance, including the report from the Property Appraiser,
the economic impact analysis from the Grants Resource/Disaster Recovery Department -and the
County staff recommendation to be considered by the St. Lucie County Board of Commissioners.
After consideration of the application and the report of the Property Appraiser on the application, the
County may choose to adopt an ordinance granting the exemption to a new or expanding business. If
granted, the ordinance shall include the following information:
1. The name and address of the new business or expansion of an existing
business;
2. The total amount of revenue available to the County from ad valorem tax sources
for the current fiscal year, the total amount of the revenue lost to the County for
the current fiscal year by virtue of exemptions currently in effect, and the
estimated amount of revenue attributable to the exemption granted to the new or
expanding business.
3. The expiration date of the exemption, which is no more than ten (10) years or
less (depending on the duration of the exemption granted) from the date the
County enacts the ordinance granting the exemption; and
4. A finding that the business meets the definition of a new business or of an
expansion of an existing business as set forth in Section III.
10
Updated 03.10.2009
Step 7• The Guidelines for Determining the Percentage of Exemption. See attached Program
Guidelines for point calculation using number of jobs, hourly wage and investment.
Then go to attachment Chart A which defines the exemption guidelines for determining the tax
exemption percentage per year for property located outside a CRA area or Chart B is for property
located within a CRA area.
Property located outside a CRA area will have the tax exemption on both Real Property and Tangible
Personal Property while a property located within a CRA area will have a tax exemption on Real
Property Only.
Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of
County Commissioners.
Updated 03.10.2009
VII. Contact Source for Assistance
Exemption applications are available at the County Grants Resource/Disaster Recovery Department
in the County Office on 2300 Virginia Avenue, Fort Pierce FL 34982. Inquiries on the tax exemption
program will be handled by this County Division. However, the Property Appraiser's Office will handle
inquiries that pertain to Property Appraiser information only. An applicant/agent who is trying to
determine the viability of filing an application should contact St. Lucie County Grants Resource
/Disaster Recovery Department.
St. Lucie County BOCC
Grants Resource/Disaster Recovery Department
2300 Virginia Avenue
Fort Pierce FL 34982
Phone # (772)462-1467
Facsimile (772)462-2535
William J. Hoeffner, Grants R./D. Recovery Director
12
Updated 03.10.2009
St Lucie County Ad Valorem Tax Exemption Program
Program Guidelines
New or Existing Business — Number of iobs created Points
25-49
5
50-99
7
100-199
9
200+
10
These new jobs will be phased in on the following schedule:
Year One after Effective Date % or a minimum of jobs
Year Two after Effective Date _% or a minimum of jobs
Year Three after the Effective Date _% or a minimum of jobs
Note: Existing business must be a minimum of 10% increase in employees to qualify
Average Hourly Wage Rate for New Employees Points
Less than $15.38 per hour -4
90% of average - $15.38 per hour 2
Average - $17.09 per hour 4
25% above the average - $21.36 per hour 6
50% above the average - $25.63 per hour .10
100% above the average-$34.18 per hour 12
Capital Investment Points
$150,000 — $1,000,000 2
$1,000,001 - $5,000,000 4
$5,000,001 and up 6
Scoring - see Attachment 1
Adjustment Consideration # 1: The St Lucie County Commissioners may consider an individual or company
documentation indicating that the business is going to be critical to attracting other key businesses of that
industry cluster; in those incidences, program guidelines may be adjusted on a case -by -case basis.
Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of
County Commissioners.
13
Updated 03.10.2009
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption Application
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
To be filed with the Board of County Commissioners, Grants Resource/Disaster Recovery Department of St.
Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach
additional information, if necessary or requested.
1. Business Name:
Mailing Address:
2. Name of person in charge or owner of Business:
3.
4
city/zip
Telephone No.: (___) Fax No.: �)
Location of Business (legal description and street address) of property for which this report is filed:
Date Business opened or will open at this facility:
a. Description of the improvements to real property for which this exemption is requested:
b.
6. a.
Date of commencement of construction of improvements:
Description of the tangible personal property for which this exemption is requested and date when
property was, or is to be, purchased:
Class or Item
Age
Date of
Purchase
Original
Value
Cost
Taxpayer's
Estimate
of Condition
Taxpayer's
Estimate of
Fair Market
Appraiser's
Use Only
Good
Avg.
Poor
Condition
14
Updated 03.10.2009
b. Average Value of Inventory on hand:
c. Any additional person property not listed above for which an exemption is claimed must be returned on
form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form.
7. Do you desire an exemption as a: "New Business" [ ] or as an "Exemption of an Existing Business" [ ]
8. Describe the Type or Nature of Your Business:
0
10
Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing
[ ] Office [ ] Service [ ] Other
a. Number of new full-time employees to be employed in St. Lucie County, Florida:
b. If expansion of an existing business:
Net increase in employment
Increase in productive output resulting from this expansion
Number of St. Lucie County residents employed by Business
c. Average hourly wage
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility — one (1) location only
Everywhere from this facility — one (1) location only
] Professional
divided by total sales
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
Date of incorporation in Florida:
a. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above
property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as
the Board of County Commissioners or the Property Appraiser may request in regard to the exemption
requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and
complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his
declaration is based on all information of which he has any knowledge.)
DATE:
SIGNED:
(Taxpayer)
TITLE:
SIGNED:
(Preparer)
(Preparer)
(Preparer's Telephone Number)
15
Updated 03.10.2009
PROPERTY APPRAISER'S USE ONLY
1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax
sources:
2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously
granted under this section:
3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year
if the exemption applied for were granted had the property for which the exemption is requested
otherwise subject to taxation:
4. Estimate of the taxable value lost to the County if the exemption applied for were granted:
Improvements to real property: Tangible Personal Property:
5. I have determined that the property listed above meets the definition, as defined in Section 196.012
(15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ] or
Neither [ ].
6. Last year for which exemption my be applied:
DATE:
SIGNED:
(Property Appraiser)
RETURN TO BE FILED NO LATER THAN MARCH 1
16
Updated 03.10.2009
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
SUPPLEMENTAL APPLICATION
Applicant Name:
NOTICE: This supplement is to be used by the Applicant to provide additional information required by
the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St.
Lucie County, Florida; and to provide other information requested by the Board of County
Commissioners and the entities that will review the application. Please provide a one page narrative
describing the company and the relocation/expansion plans.
1. Length of exemption requested is a total of years (length of exemption approved is sole
discretion of the Board of County Commissioners and commences on the adoption date of the ordinance
granting the exemption).
2. Property Owner Name:
Address:
Telephone No.: (�
3. Authorized Agent:
Address:
Telephone No.: ()
Fax No.: ()
Fax No.: ()
city/zip
city/zip
4. Type of Industry or Business:
5. Anticipated new capital investment as a result of expansion or relocation of Business:
New construction:
New tangible personal property:
6. Environmental impact of Business. (Identify the number of and type of environmental permits required
as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater,
industrial waterway):
7
8
This relocation or expansion would not occur without the exemption:
Source of supplies (local or otherwise):
% source of supplies County:
% source of supplies Florida:
% source of supplies out -of -State:
Yes [ ] No[ ]
9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ]
Name of area:
17
Updated 03.10.2009
I hereby confirm the information provided by to the Board of
County Commissioners, Grants Resource/Disaster Recovery Department, St. Lucie County, Florida, for the
purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and
complete. I further confirm that is not in violation of any
federal, State or local law, or regulation governing environmental matters:
DATE:
SIGNED:
TITLE
SIGNED:
(Taxpayer)
(Preparer)
(Preparer)
(Preparer's Telephone Number)
GRANTS RESOURCE/DISASTER RECOVERY DEPARTMENT (GRDRD) USE ONLY
GRDRD Economic Impact Analysis:
Staff, s recommendation:
Date: Signed:
(print name and title)
Updated 03.10.2009
18
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
ANNUAL REPORT
Applicant Name:
As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of
County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County
Commissioners no later than January 31 of each year the exemption is desired.
1. Business Name:
Mailing Address: city/zip
2. Name of person in charge or owner of Business:
Telephone No.: U Fax No.: �)
3. Location of Business (legal description and street address) of property for which this report is fled:
4. Date Business opened at this facility:
5. a. Description of the improvements to real property for which this exemption is requested:
b. Date of commencement of construction of improvements:
6. a. Description of the tangible personal property for which this exemption is requested and date when
property was purchased: (Provide this information on State form DR-405 (Tangible Personal
Property)
b. Average Value of Inventory on hand:
7. Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [ ]
[ ] Yes [ ] No
8. Describe the Type or Nature of Your Business:
9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Professional
[ ] Office [ ] Service [ ] Other
10. a. Number of new full-time employees employed in St. Lucie County, Florida:
(1) Increase in productive output resulting from this expansion %
(2) Number of St. Lucie County residents employed
(3) Total number of hours worked during calendar year of exemption
19
Updated 03.10.2009
(4) Total gross wages paid during calendar year of exemption
(less the top executive's salary)
(5) Number of employees prior to filing for an exemption
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility — one (1) location only
Everywhere from this facility — one (1) location only
divided by total sales
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
b. Date of incorporation in Florida:
c. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County,
Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by
the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone
other than the taxpayer, his declaration is based on all information for which he has any knowledge.)
DATE:
SIGNED:
(Taxpayer)
TITLE:
SIGNED:
(Preparer)
(Preparer)
(Preparer's Telephone Number)
PROPERTY APPRAISER'S USE ONLY
7. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt
property otherwise been subject to taxation:
Estimate of the taxable value lost to the County:
Improvements to real property:
DATE:
SIGNED:
Tangible Personal Property:
(Property Appraiser)
GRANTS RESOURCE/DISASTER RECOVERY DEPARTMENT (GRDRD) USE ONLY
Total number of employees:
Current hourly wage:
RETURN TO BE FILED NO LATER THAN JANUARY 31
Updated 03.10.2009
20
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St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption Application
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
To be filed with the Board of County Commissioners, Economic Development Division of St. Lucie County,
Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional
information, if necessary or requested.
1. Business Name: Lighthouse Industries, Inc. d/b/a East Coast Plastics
Mailing Address: 107 Eastwood Road,
city/zip Michigan City, IN 46360
2. Name of person in charge or owner of Business: Mr. Todd Holloway
Telephone No.: 72 429-1774 Fax No.: 7( 72) 429-1662
3. Location of Business (legal description and street address) of property for which this report is filed:
4
5
8620 LTC Parkway. Port St. Lucie. FL 34986
Date Business opened or will open at this facility: 8-1-08
a. Description of the improvements to real property for which this exemption is requested:
Interior buildout of newly constructed manufacturing facility to accomodate
Company offices and manufacturing equipment.
b. Date of commencement of construction of improvements: 7-15-08
6. a. Description of the tangible personal property for which this exemption is requested and date when
property was, or is to be, purchased:
Class or Item
Age
Date of
Purchase
Original
Value
Cost
Taxpayer's
Estimate
of Condition
Taxpayer
Estimate of
Fair Market
Appraiser's
Use Only
Good
Avg.
Poor
Condition
See Attached
Various
$1,500,000
X
$1,500 000
14 May 2, 2008
b. Average Value of Inventory on hand: $700, 000
c. Any additional person property not listed above for which an exemption is claimed must be returned on
form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form.
7. Do you desire an exemption as a: "New Business" [ ] or as an "Exemption of an Existing Business" [X]
8. Describe the Type or Nature of Your Business:
Custom Iniection Moldinq; Tool and Die Maker
9. Trade Level (check as many as apply): [ ] Wholesale [ Manufacturing
[ ] Office [ ] Service [ ] Other
10. a. Number of new full-time employees to be employed in St. Lucie County, Florida:
b. If expansion of an existing business:
(1) Net increase in employment
7
(2) Increase in productive output resulting from this expansion
(3) Number of St. Lucie County residents employed by Business
c. Average hourly wage $17.44
11. Sales factor for the facility requesting exemption:
10%
51
[ ] Professional
58
Total sales in Florida from this facility - one (1) location only $7 , 400, 000 divided by total sales
Everywhere from this facility - one (1) location only $7,400,00
= 1.00
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
Date of incorporation in Florida: N/A
a. Number of full-time employees at this location: 58
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above
property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as
the Board of County Commissioners or the Property Appraiser may request in regard to the exemption
requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and
complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his
declaration is based on all information of which he has any knowledge
DATE: / ��� / o l SIGNED:
I (Pr varer)
SIGNED. V� }/
(T payer)
TITLE: a,2 S z 6j,
Rowley, Bushue & Company LLP
(Preparer)
(219) 874-1437
(Preparer's Telephone Number)
15 May 2, 2008
PROPERTY APPRAISER'S USE ONLY
1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax
sources: $403 , 644 , 841
2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously
granted under this section: $321, 514
3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year
if the exemption applied for were granted had the property for which the exemption is requested
otherwise subject to taxation: $10 , 200
4. Estimate of the taxable value lost to the County if the exemption applied for were granted:
Improvements to real property: Tangible Personal Property: $1,500,000
5. I have determined that the property listed above meets the definition, as defined in Section 196.012
(15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [X], or
Neither [ ].
6. Last year for which exemption my be applied: 2015
DATE:? f SIGNED 1 ^
(Properly Appraiser)
RETURN TO BE FILED NO LATER THAN MARCH 1
10-07-03 - H:`,ECONOMIC\ADVALOREM\APPLICATION
16 May 2, 2008
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
SUPPLEMENTAL APPLICATION
Applicant Name: Lighthouse Industries, Inc. d/b/a East Coast Plastics
NOTICE: This supplement is to be used by the Applicant to provide additional information required by
the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St.
Lucie County, Florida; and to provide other information requested by the Board of County
Commissioners and the entities that will review the application. Please provide a one page narrative
describing the company and the relocation/expansion plans.
I . Length of exemption requested is a total of 10 years (length of exemption approved is sole
discretion of the Board of County Commissioners and commences on the adoption date of the ordinance
granting the exemption).
2. Property Owner Name: Parkway Warehouse
Address: 1931 Commerce Lane, Jupiter, FL city/zip 33456
Telephone No.: 561 308-7112 Fax No.: 561 575-3553
3. Authorized Agent: Douglas Bouge
Address: 1931 Commerce Lane, Jupiter, FL city/zip 33456
Telephone No.: 561 308-7112 Fax No.: ( 5611) 575-3553
4. Type of Industry or Business:
5. Anticipated new capital investment as a result of expansion or relocation of Business:
New construction: See Developers New tangible personal property: $1, 500 , 000
6. Environmental impact of Business. (Identify the number of and type of environmental permits required
as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater,
industrial waterway):
None
7.
8.
This relocation or expansion would not occur without the exemption
Source of supplies (local or otherwise):
% source of supplies County: 10%
% source of supplies Florida:
30%
% source of supplies out -of -State: 60%
Yes [ X] No[ ]
9. Business is/will be located in a community redevelopment area: Yes [ ] No [
Name of area:
17 May 2, 2008
I hereby confirm the information provided by Lighthouse Industries, Inc. to the Board of
County Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose of
calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I
further confirm that Lighthouse Industries, Inc. is not in violation of any federal, State or
local law, or regulation governing environmental matters:
DATE: h, SIGNED: ��L!-
, SPrepare�a t ( r
SIGNED: J /i"'�' Rowley, Bushue & Company LLP
(Taxp yer) (Preparer)
TITLE:�/ 2 S r >i (219) 874-1437
(Preparer's Telephone Number)
ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
EDD Economic Impact Analysis:
Staff s recommendation:
Date: Signed:
(print name and title)
18 May 2, 2008
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
ANNUAL REPORT
Applicant Name: Lighthouse Industries, Inc. d/b/a East Coast Plastics
As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of
County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County
Commissioners no later than January 31 of each year the exemption is desired.
1. Business Name: Lighthouse Industries, Inc. d/b/a East Coast Plastics
Mailing Address: 107 Eastwood Road, Michigan City, IN
city/zip 46360-2282
2. Name of person in charge or owner of Business: -Mr. Todd Holloway
Telephone No.: ( 772) 429-1774 Fax No.: (772) 429-1662
3. Location of Business (legal description and street address) of property for which this report is filed:
8620 LTC Parkway, Port St. Lucie, FL 34986
4. Date Business opened at this facility: 8-1-08
5. a. Description of the improvements to real property for which this exemption is requested:
Interior buildout of newly constructed manufacturing facility to accomodate
Company offices and custom injection molding equipment.
b. Date of commencement of construction of improvements: 7-15-08
6. a. Description of the tangible personal property for which this exemption is requested and date when
property was purchased: (Provide this information on State form DR-405 (Tangible Personal
Property)
b. Average Value of Inventory on hand: $700 , 000
7. Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [X]
] Yes [ ] No
8. Describe the Type or Nature of Your Business: Custom injection molding Tool and Die Maker
9. Trade Level (check as many as apply): [ ] Wholesale [X] Manufacturing [ ] Professional
[ ] Office [ ] Service [ ] Other
10. a. Number of new full-time employees employed in St. Lucie County, Florida
(1) Increase in productive output resulting from this expansion
(2) Number of St. Lucie County residents employed
58
10 %
51
(3) Total number of hours worked during calendar year of exemption 2080 each employee
19 May 2, 2008
(4) Total gross wages paid during calendar year of exemption
(less the top executive's salary)
(5) Number of employees prior to filing for an exemption
11. Sales factor for the facility requesting exemption:
$2.249.000
m
Total sales in Florida from this facility - one (1) location only $7 , 400 , 000
Everywhere from this facility - one (1) location only$? , 400, 000
divided by total sales
1.00
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
b. Date of incorporation in Florida: N/A
c. Number of full-time employees at this location: 58
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County,
Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by
the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone
other than the taxpayer, his declaration is based on all information for which he has any knowledge.)
DATE: SIGNED:.,-
(Preparer)
SIGNED:
(Tax er)
TITLE: �e5 Je-'t
Rowley, Bushue & Company LLP
(Preparer)
(219) 874-1437
(Preparer's Telephone Number)
PROPERTY APPRAISER'S USE ONLY
7. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt
property otherwise been subject to taxation: $10,200
8. Estimate of the taxable value lost to the County: $1, 500 , 000
Improvements to real property: _ Tangible Personal Property: $1, 500 , 000
DATE: }rj ,� - � ''�C3` j SIGNED: ,. 0't
(Property Appraiser)
ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
Total number of employees:
Current hourly wage:
RETURN TO BE FILED NO LATER THAN JANUARY 31
10-28-03 - H:AECONOMIC\ADVALOREM\APPLICATION
20
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AGENDA REQUEST
ITEM NO. VI-B.3
N
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
DATE: April 28, 2009
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
PRESENTED BY:
Daniel S. McIntyre
County Attorney
SUBJECT: 2009 Economic Development Exemption Application - Lighthouse Industries, Inc. d/b/a
East Coast Plastics (Parkway Warehouse Associates, LLC); Ordinance No. 09-018
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board accept the report of the Property
Appraiser and grant permission to advertise. Ordinance No. 09-018 for a
public hearing on May 12, 2009, at 9:00 a.m. or as soon thereafter as
the item may be heard.
COMMISSION ACTION:
APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
C- -ty Attorney: ;ji
Daniel 5. McIntyre
Originating Dept.
Finance: (Check for Copy only, if applicable)
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
Management & Budget Purchasing:
Other: Other.
Eff.5/96
Under the property tax eligibility chart, it appears that Parkway (for the use and
benefit of Lighthouse) would receive a six (6) year exemption, phased as follows:
Year 1 -
100%
Year 2 -
90%
Year 3 -
80%
Year 4 -
60%
Year 5 -
40%
Year 6 -
20%
(more if applicable)
Also attached is a copy of draft Ordinance No. 09-018 which, if adopted, would grant
Parkway (Lighthouse) an economic ad valorem tax exemption for a period of six (6) years.
RECOMMENDATION/CONCLUSION :
Staff recommends that the Board:
1. Accept the report of the Property Appraiser.
2. Grant permission to advertise Ordinance No. 09-018 for a public hearing on May
12, 2009, at 9:00 a.m. or a soon thereafter as the item may be heard.
Respectf u[lyj,submitk4,
Daniel S. McInt Ye
County Attorn yl/
D5M/caf
Attachments
ORDINANCE NO. 92-24
AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF
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THE CODE OF ORDINANCES OF ST. LUCIE COUNTY,
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FLORIDA, BY CREATING ARTICLE V (ECONOMIC
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DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO
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ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC
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DEVELOPMENT IN THE COUNTY; ESTABLISHING AN
EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR
CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES;
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PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING
PROCEDURES FOR APPLICATION FOR EXEMPTION;
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SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN
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CONNECTION WITH SUCH PROPERTY; PROVIDING FOR
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CONFLICTING PROVISIONS; SEVERABILITY AND
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APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE;
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EFFECTIVE DATE; ADOPTION; AND CODIFICATION
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WHEREAS, the Board of County Commissioners of St.. Lucie
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County, Florida, has made the following determinations:
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1. Section 196. 1995, Florida Statutes, provides the Board of
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County Commissioners may hold a referendum granting Economic
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Development Ad Valorem Tax Exemptions under Section 3, Article VII
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of the State Constitution.
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2. This Board believes that amending Chapter 1-19.3
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(Taxation) of the Code of Ordinances of St. Lucie County, Florida,
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by creating Economic Development Ad Valorem Tax Exemptions for a
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new or expanding business is in the best interest of the health,
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safety and public welfare of the citizens of St. Lucie County,
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Florida.
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NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
passages are deleted. Underlined passages are
added.
1
PART A. AMENDMENT OF CHAPTER 1-19.3 (TAXATION) OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY,
FLORIDA.
Chapter 1-19.3 (Taxation) of the Code of Ordinances of
St. Lucie County, Florida, is hereby amended by creating Article V
(Economic Development Ad Valorem Tax Exemptions) to read as
follows:
Chapter 1-19.3
TAXATION
ARTICLE V. ECONOMIC DEVELOPMENT
AD VALOREM TAX EXEMPTIONS
Section 1-19.3-51. Short Title.
This Ordinance shall be known as County Ordinance No. 92-24,
"Economic Development Ad Valorem Tax Exemption Regulations of St.
Lucie County, Florida."
Section 1-19.3-52.. Enactment and Authoritv.
Pursuant to Section 3, Article VII of the State Constitution
and in accordance with Chapters 125, 163, 192, 196 and 214, Florida
Statutes and Florida Department of Revenue Rules, Chapter 12D-7,
Florida Administrative Code, incorporated municipalities and
counties individually or in combination are authorized and
empowered to adopt, amend or revise and enforce an ordinance
relating to economic development ad valorem tax exemptions, after
the electors of such municipality or county, voting on the question
in a referendum, authorize the adoption of such ordinance.
passages are deleted. Underlined passages are
added.
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Section 1-19.3-53. Jurisdiction.
The area subiect to this Ordinance shall be incorporated and
unincorporated St. Lucie County.
Section 1-19.3-54. Purpose and Intent.
The public health, safety, comfort, economy, order,
convenience and general welfare require the harmonious, orderly and
Progressive development of new business and expansion of existing
business within Florida and its incorporated municipalities and
counties. In furtherance of this general purpose counties by
Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida
Department of Revenue Rules, Chapter 12D-7, Florida Administrative
Code, are authorized and empowered to adopt, amend' or revise and
enforce measures relating to economic development ad valorem tax
exemptions for new business and expansion of existing business. It
is the intent'of this Ordinance.to secure or to ensure:
Commissioners.
2. No precedent shall be implied or inferred by the arantin
of an exemption to a new or expanding business.
Applications for exemptions shall be considered by the
Board of County Commissioners on a case -by -case basis for
each application, after consideration of the Property
Appraiser's report on that application.
3. Any exemption granted shall apply up to one hundred
percent (100%) of the assessed value of all improvements
to real property made by or for the use of a new business
and all tangible personal property of such new business,
or up to one hundred percent (100%) of the assessed value
of all added improvements to real property which
additions are made to facilitate the expansion of an
passages are deleted. Underlined passages are
added.
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4. Any exemption shall be up to a full ten (101 year period
from the time the exemption is granted.
5. No exemption shall be granted on the land which new or
expanded businesses are to be located.
6. No exemption shall be granted on school or water
management district taxes, or on taxes levied for payment
of bonds or taxes authorized a vote of the electors of
the County pursuant to Sections 9 or 12, Article VII of
the State Constitution.
Section 1-19.3-55. Definition of Terms.
The following words, phrases and terms shall have the same
meanings attributed to them in current Florida Statutes and the
Florida Administrative Code, except where the context clearly
indicates otherwise:
1. Applicant - Any person or corporation submitting an
Economic Development Ad Valorem Tax Exemption application
to the Board.
2. Board - The St. Lucie County Board of Commissioners.
3. Business - Any activity engaged in by any person,
corporation or company with the obiect of private or
public gain, benefit, or advantage either direct or
indirect.
3.1 New Business -
a. A business establishing 10 or more lobs to
employ 10 or more full-time employees in this
County, which manufactures, processes,
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added.
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compounds, fabricates, or produces for sale
items of tangible personal property at a fixed
location and which comprises an industrial or
manufacturing plant;
b. A business establishing 25 or more Jobs to
employ 25 or more full-time employees in this
County, the sales factor of which, as defined
by s 220 15(5)Florida Statutes, for the
facility with respect to which it requests an
economic development ad valorem tax exemption
is less than 0.50 for each year the exemption
is claimed No business engaged in retail
operations as defined herein shall be eligible
for an exemption pursuant to this subsection
b; or
C. An office space in this state owned and used
by a corporation newly domiciled in this
County; provided such office space houses 50
or more full-time employees of such
corporation• provided that such business or
office first begins operation on a site
clearly separate from any other commercial or
industrial operation owned by the same
business.
passages are deleted. Underlined passages are
added.
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d. Any business located in an area designated
enterprise zone that first begins operation on
a site clearly separate from any other
commercial or industrial operation owned by
the same business.
3.2 Expansion of Existing Business
A . A business establishing 10 or more jobs to
employ 10 or more full-time employees in this
County, which manufactures, processes
compounds, fabricates, or produces for sale
items of tangible personal property at a fixed
location and which comprises an industrial or
manufacturing plant; or
b. Any business establishing 25 or more -fobs to
employ 25 or more full-time employees -in this
County, the sales factor of which as defined
by s.220.15(5), Florida Statutes, for the
facility with respect to which it requests an
economic development ad valorem tax exemption
is less than 0.50 for each year the exemption
is claimed provided that such business
increases operations on a site colocated with
a commercial or industrial operation owned by
the same business, resulting in a net increase
in employment of not less than 10 percent or
passages are deleted. Underlined passages are
added.
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an increase in productive output of not less
than 10 percent. No business engaged in
retail operations as defined herein shall be
eligible for an exemption pursuant to this
subsection b.
c. Any business located in an enterprise zone that
increases operations on a site colocated with
a commercial or industrial operation owned by
the same business.
3.3 Business engaged in retail operations - a business
engaged in a sale to a consumer or to any person of
an item of tangible personal Property for any
purposes other than for resale.
4. Department - The Florida Department of Revenue.
5. Improvements - Physical changes made to raw land, and
structures placed on or under the land surface.
All personal property acquired to facilitate an
expansion of an existing business provided that the
personal property is added or increased on or after
the day the ordinance is adopted. However, personal
Property acquired to replace existing property shall
not be considered to facilitate a businesses
expansion.
6. Sales Factor - A fraction the numerator of which is the
total sales of the taxRayer in this state during the
passages are deleted. Underlined passages are
added.
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taxable year or period and the denominator of which is
the total sales of the taxpayer everywhere during the
taxable year or period. (See Section 220.15(5), Florida
Statutes for specifics of computation).
Section 1-19.3-56. General.
The Economic Development Ad Valorem Tax Exemption is a local
option tax incentive for new or expanding business which. may be
granted or refused at the sole discretion of the Board. To apply
for such an exemption a business locating or expanding in the
corporated or unincorporated area of St'. Lucie County must file an
application (Florida Department of Revenue Form DR-418._- See
Attachment 11 with the Board.
Satisfactory proof that the business meets the criteria for
exemption as a new business or expansion of an existing business as
defined by this Ordinance must accompany the Application.
The Application shall be filed on or before 1 March of the
year in which an exemption is requested.
Exemption from County tax may only be granted by the Board._
The exemption granted under this Ordinance shall not accrue to
improvements to real property made by or for the use of new or
expanding businesses when such improvements have been included on
the tax rolls prior to the referendum authorizing this Ordinance.
Section 1-19.3-57. Procedure.
Before the Board acts on an application, it must be submitted
to the Property Appraiser for review. After careful consideration,
passages are deleted. Underlined passages are
added.
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the Property Appraiser shall report to the Board concerning the
fiscal impact of granting exemptions.
The Property Appraiser's Report shall include the following
1.
2.
3.
4.
The total revenue available to the County for the current
fiscal year from ad valorem tax sources.
granted to the new or expanding business.
After consideration of the report of the Property Appraiser,
the Board may choose to adopt an Ordinance granting the tax
exemption to a new or expanding business. The Ordinance shall be
adopted in the same manner as any other ordinance of the County.
The Ordinance shall include the following information
1. The name and address of the new or expanding business.
2. The amount of revenue available from ad valorem tax
sources for the current fiscal year, revenue foregone for
3.
4.
business.
A finding that the business meets the definition of a new
business or an expansion of an existing business.
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5. The Board's authority to revoke an exemption if the
business no longer satisfies the criteria for the
exemption.
Section 1-19.3-58. Fees.
Fees charged to offset the cost of processing the Economic
Development Ad Valorem Tax Exemption Application or any Exemption
Ordinance shall be adopted by the Board by resolution.
Section 1-19.3-59. Eligible Business or Industry.
Any business or industry, as defined in Section 1-19.3-55,
Paragraph 3.1 and 3.2, that does not qualify as an ineligible
business or industry as defined in Section 1-19 3-60
When considering the issue of whether or not a business or
industry is an eligible business as defined herein, the Board shall
consider the anticipated number of employees, average wage, type of
industry or business, environmental impacts volume of business or
Production or any other information relating to the issue of
whether the proposed development would significantly improve
economic development in St Lucie County prior to accepting the
Economic Development Ad Valorem Tax Exemption Application The
criteria for determining the length of an exemption and the
Percentage amount of an exemption may be formulated by the Board by
resolution. The criteria shall provide for incentives for
businesses that employ St. Lucie County residents who establish
permanent domicile pursuant to Florida Statutes.
passages are deleted. Underlined passages are
added.
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Section 1-19.3-60. Ineligible Business or Industry.
Any business or industry in violation of any federal, state,
or local law or regulation governing environmental matters such as
air, water, and noise pollution.
Section 1-19.3-61. Appeals.
The decision of the Board not to grant an Economic Development
Ad Valorem Tax Exemption to a particular business or industry is,
subject only to judicial review pursuant to the Florida Rules of
Appellate Procedure.
Section 1-19.3-62 - 1-19.3-70. Reserved.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to
unincorporated areas of St. Lucie County, and adopted prior to January
1, 1969, County ordinances and County resolutions, or parts thereof,
in conflict with this ordinance are hereby superseded by this ordinance
to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable
to any person, property, or circumstance, such holding shall not affect
its applicability to any other person, property, or circumstance.
Strruek through passages are deleted. Underlined passages are
added.
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PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy
of this ordinance to the Bureau of Administrative Code and Laws,
Department of State, The Capitol, Tallahassee, Florida, 32304.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect only upon approval by the voters
on November 3, 1992 of the ballot question authorized by the Board
in Resolution No. 92-175.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman Jim Minix AYE
Vice Chairman Jack Krieger AYE
Commissioner Judy Culpepper AYE
Commissioner Havert L. Fenn AYE
Commissioner R. Dale Trefelner AYE
PART G. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of St. Lucie County, Florida, and the word ""ordinance"
may be changed to "section", "article", or other appropriate word,
and the sections of this ordinance may be renumbered or relettered
to accomplish such intention; provided, however, that parts B to G
shall not be codified.
passages are deleted. Underlined passages are
added.
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PASSED AND DULY ADOPTED THIS 6th day of October, 1992.
ATTEST: BOARD OF COUNTY C0MMISSI4IRR8n(
ST. LUCIE COUNTY, FLORI04
F
DXPU SCHAIRMAN '1
f' } APPROV AS TO FORM
s CO C S
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added.
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N.12n0 ECONO DEVELOPMENT AD VALORE.V, _.,, KENIPTION
C 113PICT 196. Florida Statutes
70 be flied with the Board of County Cdrri,ritionam. the governing board Of the mU.,.
deelbad to take affect. 1pellty. Or bolo, no la ref than March 1 Of e year the aliemptlOh h
1. business Name antl Malting Address: '
2• mgese give name Ind telephone number of Owner or Person In Charge of this business:
Name
Telephone Number
7, Exact Location (Legal Description no Street Address) of Property for which this return Is IINo: ai
a. Data YOU began, or will begin, business at this facility:
s, a. DOserlotlon of the Improve nis.is to .Of property for which this exemption is requested:
0
b. Data of commencement of ..nsttuetlon of Improvements:
6. a, Description of the tangible Person&1 property for Which this exemption Is requested and date when property was, or Is to be, purchased:
TAX►AYER'S b
6iTIMATE
OF TAXPAYERS
DATE CONDITION ESTIMATE OF
OF ORIGINAL o FAIR MARKET
CLASS OR ITEM AGE ►URCHASE COST w o VALUE
n
a APPRAISER'S M
o USE ONLY
C. N
b. Average Value Of Inventory on hand:
e. Any additional personal property not listed spore for which an exemption is eta,,, must be returned On term DR405 (Tangible Personal ►ro0erty Tax
toil%) and a copy attached to this form.
7. Do you desire exemption as a "New Business" CD or as an "Exparti of an Existing BuslnM,.
a. Describe the Type or Nature of Your llwin des;
9. Trade Level (Check as many as apply): Retail ❑ whanale ❑ Manufacturing ❑ Pr°readonai , ❑ service ❑ Offic. ❑ Other ❑
W a- Number of full-time employees to be employed in Florida
b. If an expansion of an existing business:
(1) Net Increase In Employment
.r v
(2) Increase in prD°uctive output resulting from this expansion
11. Sales t&=or for tnt facility request,., exemption:
Total lain In Florio& from this facility -One (1) location only divided by
Total sales ev.rywnen from this faiility-One (1 ) location Only e
t2. For office space owned and us00 by a corporation newly domiciled In Florida: %
a. Date of Incorporation In Flotilla:
hi Number of Full-time employees at this location:
Ia. If requesting an ..emotion due to bra it
in a slum Of blighted area, please furnish such additional Information as rsqulred by the County Commission,
City Comm lss{on, or "-Party Appraiser•
I hereby request the adobtion of an ordinance granting an exemption from ad valorem taxation on the above property Pursuant to section 196.1123. Florida
f/atutes. I egret to furnish such other reasonable information as the Board of County Commissioners, the governing authority of the municipality, or the Prop
ge9s Appralter may request in regard to the exemption requested herein. I hereby certify inat the information and valuation stated above by me is true, correct,
atM Complete to In best Of my knowledge antl belief. (if prepared by someone other than the taxpayer, his declaration is based on all Information Of which he
bas any knowledge.)
DATE: SIGNED:
(Pre—er)
SIGNED:
(iaapayer)
TITLE:
(Preparer's Address)
flareparer's Telephone Number)
PROPERTY APPRAISER'S USE ONLY
L 'reset revenu. available to the county or municipality far the current fiscal year from ad raid,., tax sources:
N. Revenue fdst to the county or or municipality for the current fiscal year by virtue of exemptions previously granted under this section:
get. Estimate of the revenue which would be lost to the county or municipality Curing the current fiscal year If the exemption applied for were granted had the
aseperty for Which the exemption I$ rebuefled otherwise been subject to taxation:
N, Estimate of the taxable value lost Io the County or munieioality If the exemption apbiied I., were granted:
ferreror.ments to real pro pertY Personal Property
V, 1 Hare d<termm.tl Ihat the properly Inted above mee i3 the definition, as defined by Section 196.012114) or (15). Florida Statutes, as a New Business Lam,
AlriRPension of an Existing Business U , or Neither ,.J .
�• Last Year for wh,Ch to emwian may be a.p:,.d
COATE:
SIGNED:
O..e.ar Apdraner) ._.
BETLIRN TO 13E FILED NOT LATER TITAN NIARCH I
ATTACHMENT 1
OR BOOK 0 8 2 3 PAGE 2 6 2.4
GENERAL iNFORMATION
Under the consitutional amendment passed by the voters of Florida on October 7. 1980. tax exemptions can he
,ranted to new and expanding businesses only after the voters of a city and/or county vote in a referendum to allow
exemptions for that city or county. Section 196.1995, Florida Statutes, requires that a referendum be held if: (1 ) The
Board of County Commissioners or governing authority of a municipality (city or county commission) votes to hoic
such a referendum. or ('_') 11 the county or city commission receives a petition signed by ten percent of the registerco
voters of the county or city. Tlris referendum question can then be placed before the voters of a city or county at any
regular election or special election called for voting on the tax incentive referendum or for any other purpose.
If the voters authorize exemptions, a company must first meet the definitions of a new or expanding business
New Business
ka) A manufacturer which establishes ten or more full-time lobs.
(b) A business with more than 50ir of its sales outside the State of Florida which establishes 25 or more
jobs.
(c) Office space of a new Florida corporation housing 50 or more full-time etnpioyees of the corpc•-
ration.
(The above are applicable if the business is on a site clearly separate from any other facility owned by 1:1t
same company.)
(d) Any business located in a slum or blighted area as defined by Section 163.355. Florida Statutes.
Expansion of an Existinn_ Business
(a) A manufacturer that adds a minimum of ten new employees and increases employment by 107r or
increases productive output by a minimum of 10 %.
(b) A business with more than 507c of its sales outside the State that adds a minimum of 25 new err-
Ptoyees and increases employment by 10% or increases productive output by a minimum of 10' .
The expansion must be on the same or a colocated site of the business' current operations.
!t a business meets one of the above definitions as anew or expanding business, it must then file this applica-
tion with the county or city commission or both.
After the city or county commission receives this application. it must submit the application to the county
property appraiser for review. After the property appraiser makes the report as to the fiscal irrIpact of granting the
exemption, the county or city commission shall then adopt an ordinance in the usual manner -granting the exemption.
if it chooses to do so.
A business cannot receive exemption from school taxes or water management district taxes. Also. a business
must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies
authorized by the voters of a city or county.
The exemption can only be for the improvements to the real property and for ian^ible personal property. The
land on which the new or expanding business is to be located will still be taxed an{? t71 I must be paid on it.
The action taken by a city or county commission can only exempt the taxes paid to that governmental body. A
city can only exempt its taxes; a county can only exempt its taxes. All other taxes must be paid.
This exemption shall first apply to the 1981 assessment rolls.
aeetion 183.340(7), Florida Statutes, "Slum
pea" rheans am area in which there is a pre-
dominance of buildings or Improvements,
whether residential or nonresidential, which by
reason of dilapidation, deterioration, age or
oDsofeseenance Inadequate provision for venilla-
teon, light, air, sanitation, or open spaces, high
density of population and overcrowding, the ex-
IStence of oo Odltlgnf wnicn endanger Ilte or oro.
Party by tire O, piney Cause;. Cr an:, I——
itimn O' such to Gors 'rs ChnouClve to , , nears',
itansmist'om at Disease, mean; ni Drtab;), Ipvenl,e
delinquency. Or Crime anal is Detrimental tO the
public health, safety, morals or welfare.
a) "8il9
nt ad area" means an area In wnicn
gMre are a substantial number o1 slum, avert.
Mated, or deteriorating structures and Conditions
diellch endanger life or property by fire or Other
setaMs or one or more Of the following factors
dehich substantially Impairs or arrests the sound
/owtn of a county or municipality and is a
emanate to the PuOI,C health, safety, morals, or
welfare In Its present condition and use:
id) Predominance of detective or inageouate
tremors layout;
401 Faulty lot layout In relation to size, AD
epuacy, accessibility or usefulness;
.t) Unsanitary or unsafe conditions;
an Oeterlorst l on of $
l to Of Other improve.
secrets;
(a) Tax Of special assessment delinquency ex.
wed ing the fair value o1 the land; and
(t) Oi Wrsity at Ownership or Defective or un.
usual conditions of title which prevents the tree
tWrsability at land witnin the otterloraleci or
.....room area.
IYsHon 194.011(1), Florida Statutes - Failure to
solve aooll"Iton by March 1 Of anv veer shall
eonsltiute a waiver of the exemption for that
rear.
Saetlon 196.012(14) no (15), Florida Statutes,
Jell) "New business" means:
fit) A business establlsning 30 or more lobs to
lei Oy 10 Or more lull -time employees in
Fiesrida, wnicn manufactures, processes. com-
s'ounds, fabricates, or Produces for sale Items of
tangible personal properly at a fixed location and
wnicn comprises an Indusv,al or manufacturing
Imenl ; Or
STATUTORY DEFINITIONS
12) Any business establishing 25 or more lobs
to employ 25 Or more tull-lime employees in
Florida, Inc Sales factor of which, as defined Dy
s. 214.71(3), for the facility with respect to
which It requests an economic development as
valotam tax examMion Is less than 0.50 for each
year the exemption 1s cfalmed; or
(3) Any office space in Florida owned and
Used oy a corporation newly Domiciled ,n F IOrida
orpvmeo suer hifice :Dace mouse: 50 nore m
tulll,mY !m D,O Vee; h, such col.01atlOr'� v,
t0 that such ouslness or peke, 11 rSt oeg,ns oPc,.
ailon on a site clearly seoarale from any other
commercial or Irioustnal Oox,at.on, owned by
the same Pullin—
(0) Any business located In an area designated a
slum or blighted area pursuant to s. 163.355. Far
the purpose of this section, the terms slum area
or bligmled area Shan nave the same meaning as
in s. 163.340(7) and (8),
115) "Expansion of an existing business" means:
Is) A ousiness estaoh,ninq 10 or more 10m 10
employ 30 or more full -lime employees In
Rorloa, whmn manufactures, processes, earn -
pounds. fabricates, or Produces for sale items at
langlble personal PropMy at a fixed location
and which comprises an industrial or manufact-
uring plant; or
to) Any business establishing 25 or more jobs
to *Malay 25 or more full-time employees i
Flort dal, whose sales factor as 0e11ne0 Dy s.
214.71(3) for the facility with respect to wnicn
it requests an economic DOvelODmtht ad valorem
tax exemption is less iman 0.50 for each year the
exemption is claimed;
Provided that such business increases DoerallonS
on a Site COIOcateO with a commercial or indust-
rial operation owneo by Inc same business, re.
suiting in a net increase in employment of not
less than 10 percent Or an increase in productive
output of not less than 10 percent.
Section 214.71(3). Florida Statutes - Sales Factor
(3) Tne sales factor is a fraction the numer.
ator of which is the total sales Ot the taxpayer in
this state curing the taxable year or period ano
the denominator of wnicn Is Inc total sales of the
taxpayer everywhere during tot taxable year Or
per i Oil.
tall. Sales of tangible personal Property are
in this Stall. I1 the property Is dolly*red Or snlp�
pea to a ourcri within this state, regardless Of
the {.o.o. Point Or other Conditions at the sale.
2. When citrus fruit is delivered by a Cooper-
ative for a grower -member, by a grower -memo*•
to a COoberatiw, or by a grower -Participant to a
Florida processor, the sales factor for such grow-
ers for such cltfus fruit delivered t0 such Proces-
sor small be the same as the sales factor for the
most recent taxable year Of that processor. 7nA
sale!. lace C,, <xor—.. On— as a 011eeml-it an-
- in - ins OI TOR poi— volume hl sales. Ip r
to protect the Canbdenllality of the sales Of Ins
processor, shall be lurnisne0 on Inc rents t a-
suen a grower Pram Otly attar It has been Paler.
m11e0 far that taxable Year.
3. Reimbursement of expenses under an agency
contract between a cooperative, a grower-mem.
tier of a Cooperative, or a grower and a P—tesso,
will not be deemed a Sale within the start.
(b) Sales Of a financial organization, including,
but not limited to, banking and savings instllu.
lions, investment companies, real estate invest.
ment IrmU, and brokerage Companies, shall be in
this state 11 derived Ironi:
1. Fees, Commissions, or other Compensation
for financial services rendered within this state'
2. Gross profits from trading in stocks. Do—
at Other securities managed within this state.
3. Interest and dividends received witnin Inn
slate;
4. Interest charged to customers at Places 0'
business malnlalne0 within this slate for cA /ryin{
Debit balances at margin accounts. without Or-
duCliOn of any costs incurred in carrying such 4�
Counts;and
5. Any other gross income resulting from int
operation as a financial organization within Imes
state,
in computing the amounts referred to ,n this
Paragraph, any amo„hi received b( a mein Uer O-
ars effilialec group (Delermine0 under s. 1504(A)
of ine Ihit rn.1 Romeo ue Cooe, but without re-
ference to whether any such COrbOfalian 15 an
"InCludaole Corporation" under S. 15041b) 01 :he
Internal Revenue Coot) from another memory tit
such group snail be included only to the tx;un'
Such amount exceeds expenses of the recipient
directly related thereto.
O O 9 Z 30Vd
£ Z 8 O xoos CIO
Ilii Il11 IIH NNI IINi NII IHu IUN HIH NIIlI i
Ad Valorem Tax Exemption Program
St. Lucie County
3/10/2009
The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the application and
instructions for the Economic Development Ad Valorem Tax Exemption Program, which is designed
to assist economic development through exempting certain property taxes. First, to help determine if
you qualify under this incentive program, you should read Section IV, "Do You Qualify for a Tax
Exemption".
If you have any questions about this program, including eligibility, or regarding the application
process, please contact William J. Hoeffner, Grants R./D. Recovery Director, at (772)462-1467.
Table of Contents
I. Program Intent
II. Enactment Authority
III. Definition of Terms
IV. Qualification for Tax Exemption — "Do You Qualify for a Tax Exemption"
V. Application for Exemption
VI. Exemption Application Process
VII. Contact Source for Assistance
Attachments
A. State Application, County Supplemental Application, Annual Report
Forms
B. Economic Development Ad Valorem Tax Exemption Ordinances:
Ordinance #92-24
C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16) F.S.
D. St. Lucie County Tax Exemption Guidelines
I. Program Intent
Updated 03.10.2009
The St. Lucie Board of County Commission, in Florida believes that local government should support
economic growth by providing an incentive for County employment opportunities that will lead to the
improvement in the quality of life for County residents, positive expansion of the economy in terms of
new jobs and improvements to real and personal property, and creating jobs in such a way so as not
to disadvantage existing businesses while recognizing that productive competition fosters economic
growth.
The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or
expanding businesses, which may be granted at the sole discretion of the Board of County
Commissioners. Incentives could be provided to businesses of diverse industries that would have a
positive impact on the County's economy.
Any exemption granted may apply up to one hundred percent (100%) of the assessed value per
Section 9 and Section 12 of Article VII, of the Florida State Constitution, of all improvements to real
property made by or for the use of a new business and of all tangible personal property of such new
business, or up to one hundred (100%) of the assessed value of all added improvements to real
property made to facilitate the expansion of an existing business and of the net increase in all tangible
personal property acquired to facilitate such expansion of an existing business, provided that the
improvements to real property are made or the tangible personal property is added or increased after
the date of the preliminary application or one year prior to the filing of the final application. Property
acquired to replace existing property may not be considered to facilitate a business expansion. The
exemptions may not apply to improvements to real property made by or for the use of new or
expanding businesses when such improvements have been included on the tax rolls prior to the
preliminary application or one year prior to the filing of the final application.
The ability to receive an exemption for the period granted is conditioned upon the applicant's ability to
maintain the new business or the expansion of an existing business as defined in Section III.E. and H.
throughout the entire exemption period. The applicant will be required to submit a report on an
annual basis to the County evidencing satisfaction of this condition. The annual report shall be
submitted on the attached form. In addition, any business granted an exemption will furnish to the
County or its designee such information as the County or its designee may reasonably require for the
purpose of determining continued performance by the business of the conditions stated in the
exemption ordinance and the representations made in the application.
2
Updated 03.10.2009
11. Enactment Authority
Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995 Florida Statutes,
empower the County to grant Economic Development Ad Valorem Tax Exemptions after the electors
of the County, voting on the question in a referendum, authorize such exemptions. In a referendum
held on this issue on November 5, 2002, the voters of St. Lucie County authorized the County to
grant Economic Development Ad Valorem Tax Exemptions. This exemption program is applicable in
all areas of St. Lucie County where the County is the taxing authority.
The exemption applies only to taxes levied by St. Lucie County, where the County is the taxing
authority. The exemption does not apply to taxes levied by the school district or water management
district, fire district or to taxes levied by the voters for the payment of bonds or other special taxes
authorized by a vote of the electors pursuant to Section 9 and Section 12. Article VII, of the Florida
State Constitution.
The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is entitled
"Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie County, Florida".
Resolution No. 03-258 provides additional guidelines for implementation of the Ad Valorem Tax
Exemption Program.
3
Updated 03.10.2009
III. Definition of Terms
The following words, phrases, and terms shall have the'same meanings attributed to them in current
Florida Statutes and the Florida Administrative Code, except where the context clearly indicates
otherwise:
A. Applicant — Any person, firm, partnership, or corporation that files an application with the
St. Lucie Board of County Commissioners seeking an economic development ad
valorem tax exemption.
B. Business — Any activity engaged in by any person, firm, partnership, corporation, or
other Business organization or entity, with the object of private or public gain, benefit, or
advantage, either direct or indirect.
C. County — St. Lucie County.
D. Department — The Florida Department of Revenue.
E. Expansion of an Existing Business:
As defined in Section 196.012(16), Florida Statutes, an Expansion of an Existing
Business means:
(a) A business establishing ten (10) or more jobs to employ ten (10) or more
full-time employees in this State, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal.
property at a fixed location and which comprises an industrial or
manufacturing plant;
(b) Any business establishing twenty-five (25) or more jobs to employ twenty-
five (25) or more full-time employees in this State, whose Sales Factor, as
defined by Section 220.15(5), Florida Statutes, for the facility with respect
to which it requests an economic development ad valorem tax exemption
is less than 0.50 for each year the exemption is claimed; or
(c) Any business located in an Enterprise Zone that increases operations on a
site collocated with a commercial or industrial operation owned by the
same business.
2. Any expansion of an existing business must increase operations on a site
collocated with a commercial or industrial operation owned by the same
business, resulting in a net increase in employment of not less than ten percent
(10%) or an increase in productive output of not less than ten percent (10%).
The ten percent (10%) requirement does not apply to Enterprise Zones.
F. Extraordinary as determined by St. Lucie Board of County Commissioners.
G. Improvements — Physical changes made to raw land, and structures placed on or under
the land surface.
4
Updated 03.10.2009
H. New Business - As defined in Section 196.012(15), Florida Statutes, a new business
means:
A Business establishing ten (10) or more jobs to employ ten (10) or more full-time
employees in this State, which manufactures, processes, compounds, fabricates,
or produces for sale items of tangible personal property at a fixed location and
which comprises an industrial or manufacturing plant; or
2. Any business establishing twenty-five (25) or more jobs to employ twenty-five
(25) or more full-time employees in this State, whose Sales Factor, as defined by
Section 220.15(5), Florida Statutes, for the facility with respect to which it
requests an economic development ad valorem tax exemption is less than 0.50
for each year the exemption is claimed; or
3. An office space in this State owned and used by a corporation newly domiciled in
this State; provided such office space houses fifty (50) or more full-time
employees of such corporation; or
4. A business located in an Enterprise Zone (pursuant to Section 290.0065, Florida
Statutes).
5. Any new business must first begin operation on a site clearly separate from any
other commercial or industrial operation owned by the same Business.
Property within a Community Redevelopment Area (CRA) — Any property located within
a CRA created pursuant to Section 163.330, et.seg. Florida Statutes where a portion of
the County tax revenue will go directly to the CRA.
Real Property — Shall be defined in Section 192.001, Florida Statutes.
K. Sales Factor — As defined in Section 220.15.(5), Florida Statutes, the sales factor is a
fraction, the numerator of which is the total sales of the taxpayer in this State during the
taxable year or period and the denominator of which is the total sales of the taxpayer
everywhere during the taxable year or period.
L. State — State of Florida.
M. Tangible Personal Property — Shall be as defined in Section 192.001, Florida Statutes.
Updated 03.10.2009
IV. Qualification for Tax Exemption "Do You Qualify for a Tax Exemption"
Before completing an application, please read the following eligibility requirements that determine
whether you qualify for a tax exemption under the "Economic Development Ad Valorem Tax
Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92-24),
A. Ad valorem tax exemptions apply to new businesses locating to St. Lucie County and to
expansion of businesses already situated in St. Lucie County.
B. New or expanding businesses must make a positive contribution to the
economy of St. Lucie County in terms of new jobs and improvements to real and
personal property.
C. Incentives are applicable to businesses of diverse industries with the
exception of retail operations.
D. Any and all exemptions granted must result in an economic benefit to the County, i.e.,
exemptions would support St. Lucie County and its existing businesses.
E. The applicant must be a person, firm, partnership, or other Business organization or
entity, with the object of private or public gain, benefit, or advantage, either direct or
indirect.
F. New Business
1. As defined in Section 196.012(15), Florida Statutes, a new Business must meet
the following criteria:
(a) A business establishing ten (10) or more jobs to employ ten (10) or more
full-time employees in this State, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal
property at a fixed location and which comprises an industrial or
manufacturing plant; or
(b) Any business establishing twenty-five (25) or more jobs to employ twenty-
five (25) or more full-time employees in this State, whose Sales Factor, as
defined by Section 220.15(5), Florida Statutes, for the facility with respect
to which it requests an economic development ad valorem tax exemption
is less than 0.50 for each year the exemption is claimed; or
(c) An office space in this State owned and used by a corporation newly
domiciled in this State; provided such office space houses fifty (50) or
more full-time employees of such corporation; or
(d) A Business located in an Enterprise Zone (pursuant to Section 290.0065,
Florida Statutes).
(e) Any new business must first begin operation on a site clearly separate
from any other commercial or industrial operation owned by the same
business.
6
Updated 03.10.2009
G. Expansion of an Existing Business
As defined in Section 196.012(16) Florida Statutes, an Expansion of an Existing
Business must meet the following criteria:
(a) A business establishing ten (10) or more jobs to employ ten (10) or more
full-time employees in this State, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal
property at a fixed location and which comprises an industrial or
manufacturing plant; or
(b) Any business establishing twenty-five (25) or more jobs to employ twenty-
five (25) or more full-time employees in this State, whose Sales Factor, as
defined by Section 220,15(5) Florida Statutes, for the facility with respect
to which it requests an economic development ad valorem tax exemption
is less than 0.50 for each year the exemption is claimed; or
(c) Any business located in an enterprise zone that increases operations on a
site collocated within commercial or industrial operation owned by the
same business.
2. Any expansion of an existing business must increase operations on a site
collocated with a commercial or industrial operation owned by the same
business, resulting in a net increase in employment of not less than ten percent
(10%) or an increase in productive output of not less than ten percent (10%). The
ten percent (10%) requirement does not apply to Enterprises Zones.
H. The exemptions shall not accrue to improvements to real property made by or for the
use of new or expanding businesses when such improvements have been included on
the tax rolls prior to the preliminary application or one year prior to the filing of the final
application.
Property acquired to replace existing property shall not be considered to facilitate a
business expansion.
J. No exemption shall be granted for the land upon which new or expanding businesses
are to be located.
K. The ability to receive an exemption for the period granted is conditioned upon the
applicant's ability to maintain the new business or the expansion of an existing business
throughout the entire period.
L. Any existing business in violation of any federal, State, or local law or regulation
governing environmental matters is not eligible for an exemption.
7
Updated 03.10.2009
V. Application for Exemption
A. Any eligible person, firm, partnership, or corporation, which desires an exemption, must
file with the County's Grants Resource/Disaster Recovery Department an application
prescribed by the State Department (Form DR-418, and County Supplemental
application).
B. The application requests that the County adopt an ordinance granting the applicant the
exemption and includes, at a minimum, the following:
The name and location of the new business or the expansion of an existing
business;
2. A description of the improvements to the real property for which an exemption is
requested and the date of commencement of construction of such improvement
and estimated completion date;
3. A description of the tangible personal property for which an exemption is
requested and the dates when such property was or is to be purchased.
4. Proof, to the satisfaction of the County, that the applicant meets the criteria for a
new business or for an expansion of an existing business as defined in Section
III;
5. The following information:
(a) anticipated total number of employees and new employees;
(b) expected number of employees who will reside in St. Lucie County;
(c) average wage of employees (excluding the top executive's salary);
(d) type of Industry or business;
(e) environmental impact of business;
(f) anticipated volume of business or production;
(g) whether relocation or expansion would occur without the exemption;
(h) cost and demand for services;
(i) source and supplies (local or otherwise);
0) whether business will be/is located in a community redevelopment area;
6. Other information deemed necessary by St. Lucie County.
C. If a new Business or an Expansion of an Existing Business is locating in a Community
Redevelopment Area, the Community Redevelopment Board shall be provided with a
copy of the application for review and comment. Input from the Community
Redevelopment Board will be considered in deciding whether an application is to be
granted. Should the Community Redevelopment Board object to the granting of Tax
Exemption, the agency may submit an objection in writing to the BOCC for its
consideration.
Updated 03.10.2009
VI. Exemption Application Process
The "fully completed" Economic Development Ad Valorem Tax Exemption final application must be
filed with the St. Lucie County, Grants Resource/Disaster Recovery Department, by a representative
of the company. The threshold for eligibility is whether the Business meets the definition of a new
business or of an expansion of an existing business as defined in Section III, and one which is not an
ineligible Business or industry.
The County will take action on the final application, including the enactment of the required ordinance
should the County decide to grant the exemption, within ninety (90) days from the date that a fully
completed final application is accepted. During this 90-day period, interested agencies and parties
will have an opportunity to review and comment on the application. To impact the November tax bill,
the final application must be submitted by March 1 st of the same year. The following steps provide
the applicant a reasonable understanding of St. Lucie County Economic Development Ad Valorem
Tax Exemption process and requirements.
Step 1: Preliminary Application Submittal: It is recommended that anyone contemplating whether
to file an exemption application must first contact the County's Grants Resource/Disaster Recovery
Department , and request a meeting to assess the feasibility of filing an exemption application and
acquire assistance in completing the preliminary application.
Step 2: Submission of Preliminary Application to the County: On behalf of the applicant, the
representative of the company will submit one original of the State application, the County
supplemental application, a one -page narrative describing. the business, and appropriate
attachments. The applicant will also submit a map identifying the location and configuration of the
subject property with legal description.
Step 3: Preliminary Eligibility and County Commission Resolution: The County Grants
Resource/Disaster Recovery Department will accept and review the application for preliminary
eligibility. The Grants Resource /Disaster Recovery Department will review and notify the applicant of
eligibility and/or any application deficiencies within thirty (30) days of submission.
Step 4: Preparation of the Final Application: Upon receipt of the final application, the County
Grants Resource/Disaster Recovery Department will: (1) determine eligibility; (2) request the
Property Appraiser to conduct its analysis; (3) conduct an economic impact analysis; and (4)
advertise for a public hearing to consider adopting an exemption ordinance on behalf of the business.
Step 5: Review, Analysis and Recommendation of the Property Appraiser and GRDRD: Within
a 90-day period, copies of the application are to be reviewed by the St. Lucie County Property
Appraiser's Office and St. Lucie County staff. Any legal issue will be referred to the County Attorney's
Office for review and comment.
The Property Appraiser will review the application and provide in writing the fiscal impact of granting
the exemption, sign the State application, and forward to St. Lucie County Grants Resource/Disaster
Recovery Department. As required by Florida Statute the Property Appraiser's report will include the
following:
Updated 03.10.2009
1. The total revenue available to the County for the current fiscal year from ad
valorem tax sources or an estimate of such revenue if the actual total available
revenue cannot be determined;
2. The amount of revenue lost to the County for the current fiscal year by virtue of
exemptions previously granted, or an estimate of such revenue if the actual
revenue lost cannot be determined.
3. An estimate of the amount of revenue which would be lost to the County for the
current fiscal year if the exemption applied for was granted had the property for
which the exemption is requested otherwise been subject to taxation; and
4. A determination as to whether the property for which an exemption requested is
to be incorporated into the new business or the expansion of an existing
business, or into neither, which determination the Property Appraiser shall also
affix to the face of the application. Upon request, the Department will provide the
Property Appraiser such information as it may have available to assist in making
this determination.
St. Lucie County staff will review a copy of the application. The GRDRD staff will conduct an
economic impact analysis and forward its comments to the County Administrator.
Step 6: Preparation of the Exemption Ordinance: The Grants Resource/Disaster Recovery
Department will forward to the County Attorney's Office for preparation of the Ordinance and for
scheduling the exemption application and ordinance, including the report from the Property Appraiser,
the economic impact analysis from the Grants Resource/Disaster Recovery Department and the
County staff recommendation to be considered by the St. Lucie County Board of Commissioners.
After consideration of the application and the report of the Property Appraiser on the application, the
County may choose to adopt an ordinance granting the exemption to a new or expanding business. If
granted, the ordinance shall include the following information:
1. The name and address of the new business or expansion of an existing
business;
2. The total amount of revenue available to the County from ad valorem tax sources
for the current fiscal year, the total amount of the revenue lost to the County for
the current fiscal year by virtue of exemptions currently in effect, and the
estimated amount of revenue attributable to the exemption granted to the new or
expanding business.
3. The expiration date of the exemption, which is no more than ten (10) years or
less (depending on the duration of the exemption granted) from the date the
County enacts the ordinance granting the exemption; and
4. A finding that the business meets the definition of a new business or of an
expansion of an existing business as set forth in Section III.
10
Updated 03.10.2009
Step 7: The Guidelines for Determining the Percentage of Exemption. See attached Program
Guidelines for point calculation using number of jobs, hourly wage and investment.
Then go to attachment Chart A which defines the exemption guidelines for determining the tax
exemption percentage per year for property located outside a CRA area or Chart B is for property
located within a CRA area.
Property located outside a CRA area will have the tax exemption on both Real Property and Tangible
Personal Property while a property located within a CRA area will have a tax exemption on Real
Property Only.
Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of
County Commissioners.
Updated 03.10.2009
VII. Contact Source for Assistance
Exemption applications are available at the County Grants Resource/Disaster Recovery Department
in the County Office on 2300 Virginia Avenue, Fort Pierce FL 34982. Inquiries on the tax exemption
program will be handled by this County Division. However, the Property Appraiser's Office will handle
inquiries that pertain to Property Appraiser information only. An applicant/agent who is trying to
determine the viability of filing an application should contact St. Lucie County Grants Resource
/Disaster Recovery Department.
St. Lucie County BOCC
Grants Resource/Disaster Recovery Department
2300 Virginia Avenue
Fort Pierce FL 34982
Phone # (772)462-1467
Facsimile (772)462-2535
William J. Hoeffner, Grants R./D. Recovery Director
12
Updated 03.10.2009
St Lucie County Ad Valorem Tax Exemption Program
Program Guidelines
New or ExistinE Business — Number of lobs created Points
25-49
5
50-99
7
100-199
9
200+
10
These new jobs will be phased in on the following schedule:
Year One after Effective Date % or a minimum of jobs
Year Two after Effective Date _% or a minimum of jobs
Year Three after the Effective Date _% or a minimum of jobs
Note: Existing business must be a minimum of 10% increase in employees to qualify
Average Hourly Wage Rate for New Employees Points
Less than $15.38 per hour -4
90% of average - $15.38 per hour 2
Average - $17.09 per hour 4
25% above the average - $21.36 per hour 6
50% above the average - $25.63 per hour 10
100% above the average-$34.18 per hour 12
Capital Investment Points
$150,000 — $1,000,000 2
$1,000,001 - $5,000,000 4
$5,000,001 and up 6
Scoring - see Attachment 1
Adjustment Consideration #1: The St Lucie County Commissioners may consider an individual or company
documentation indicating that the business is going to be critical to attracting other key businesses of that
industry cluster; in those incidences, program guidelines may be adjusted on a case -by -case basis.
Note: These are guidelines only. Each exemption is determined on an individual case basis by the Board of
County Commissioners.
13
Updated 03.10.2009
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption Application
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
To be filed with the Board of County Commissioners, Grants Resource/Disaster Recovery Department of St.
Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach
additional information, if necessary or requested.
1. Business Name:
Mailing Address:
2. Name of person in charge or owner of Business:
city/zip
Telephone No.: (___) Fax No.: L-)
3. Location of Business (legal description and street address) of property for which this report is filed:
4. Date Business opened or will open at this facility:
5. a. Description of the improvements to real property for which this exemption is requested:
b. Date of commencement of construction of improvements:
6. a. Description of the tangible personal property for which this exemption is requested and date when
property was, or is to be, purchased:
Class or Item
Age
Date of
Purchase
Original
Value
Cost
Taxpayer's
Estimate
of Condition
Taxpayer's
Estimate of
Fair Market
Appraisers
Use Only
Good
Avg,
Poor
Condition
14
Updated 03.10.2009
b. Average Value of Inventory on hand:
c. Any additional person property not listed above for which an exemption is claimed -must be returned on
form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form.
7. Do you desire an exemption as a: "New Business" [ ] or as an "Exemption of an Existing Business" [ ]
8. Describe the Type or Nature of Your Business:
0
10
Trade Level (check as many as apply): [ ] Wholesale [ J Manufacturing
[ ] Office [ ] Service [ ] Other
a. Number of new full-time employees to be employed in St. Lucie County, Florida:
b. If expansion of an existing business:
(1) Net increase in employment
(2) Increase in productive output resulting from this expansion
(3) Number of St. Lucie County residents employed by Business
c. Average hourly wage
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility —one (1) location only
Everywhere from this facility — one (1) location only
[ ] Professional
divided by total sales
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
Date of incorporation in Florida:
a. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above
property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as
the Board of County Commissioners or the Property Appraiser may request in regard to the exemption
requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and
complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his
declaration is based on all information of which he has any knowledge.)
DATE
SIGNED:
(Taxpayer)
TITLE
SIGNED:
(Preparer)
(Preparer)
(Preparer's Telephone Number)
15
Updated 03.10.2009
PROPERTY APPRAISER'S USE ONLY
Total revenue available to the county or municipality for the current fiscal year from ad valorem tax
sources:
2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously
granted under this section:
3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year
if the exemption applied for were granted had the property for which the exemption is requested
otherwise subject to taxation:
4. Estimate of the taxable value lost to the County if the exemption applied for were granted:
Improvements to real property: Tangible Personal Property:
5. I have determined that the property listed above meets the definition, as defined in Section 196.012
(15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [ ], or
Neither [ ].
6. Last year for which exemption my be applied:
DATE: SIGNED:
(Property Appraiser)
RETURN TO BE FILED NO LATER THAN MARCH 1
16
Updated 03.10.2009
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
SUPPLEMENTAL APPLICATION
Applicant Name:
NOTICE: This supplement is to be used by the Applicant to provide additional information required by
the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St.
Lucie County, Florida; and to provide other information requested by the Board of County
Commissioners and the entities that will review the application. Please provide a one page narrative
describing the company and the relocation/expansion plans.
1. Length of exemption requested is a total of years (length of exemption approved is sole
discretion of the Board of County Commissioners and commences on the adoption date of the ordinance
granting the exemption).
2. Property Owner Name:
Address: city/zip
Telephone No.: () Fax No.: U
3. Authorized Agent:
Address: city/zip
Telephone No.: () Fax No.: ()
4. Type of Industry or Business:
5. Anticipated new capital investment as a result of expansion or relocation of Business:
New construction: New tangible personal property:
6. Environmental impact of Business. (Identify the number of and type of environmental permits required
as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater,
industrial waterway):
7. This relocation or expansion would not occur without the exemption: Yes [ ] No[ ]
8. Source of supplies (local or otherwise):
% source of supplies County:
% source of supplies Florida:
% source of supplies out -of -State:
9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ]
Name of area:
17
Updated 03.10.2009
I hereby confirm the information provided by to the Board of
County Commissioners, Grants Resource/Disaster Recovery Department, St. Lucie County, Florida, for the
purpose of calculating the economic impact and benefit of the proposed tax abatement is true, accurate and
complete. I further confirm that is not in violation of any
federal, State or local law, or regulation governing environmental matters:
DATE:
SIGNED:
TITLE:
SIGNED:
(Taxpayer)
(Preparer)
(Preparer)
(Preparer's Telephone Number)
GRANTS RESOURCE/DISASTER RECOVERY DEPARTMENT (GRDRD) USE ONLY
GRDRD Economic Impact Analysis:
Staff s recommendation:
Date: Signed:
(print name and title)
18
Updated 03.10.2009
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
ANNUAL REPORT
Applicant Name:
As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of
County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County
Commissioners no later than January 31 of each year the exemption is desired.
1. Business Name:
2
3
Mailing Address:
city/zip
Name of person in charge or owner of Business:
Telephone No.: Fax No.: �)
Location of Business (legal description and street address) of property for which this report is filed:
4. Date Business opened at this facility:
5. a. Description of the improvements to real property for which this exemption is requested:
b. Date of commencement of construction of improvements:
6. a. Description of the tangible personal property for which this exemption is requested and date when
property was purchased: (Provide this information on State form DR-405 (Tangible Personal
Property)
b. Average Value of Inventory on hand:
7. Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [ ]
[ ] Yes [ ] No
8. Describe the Type or Nature of Your Business:
9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Professional
[ ] Office [ ] Service [ ] Other
10. a. Number of new full-time employees employed in St. Lucie County. Florida:
(1) Increase in productive output resulting from this expansion %
(2) Number of St. Lucie County residents employed
(3) Total number of hours worked during calendar year of exemption
19
Updated 03.10.2009
(4)
(5)
Total gross wages paid during calendar year of exemption
(less the top executive's salary)
Number of employees prior to filing for an exemption
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility — one (1) location only
Everywhere from this facility — one (1) location only
divided by total sales
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
b. Date of incorporation in Florida:
c. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County,
Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by
the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone
other than the taxpayer, his declaration is based on all information for which he has any knowledge.)
DATE:
SIGNED:
(Taxpayer)
TITLE:
SIGNED:
(Preparer)
(Preparer)
(Preparer's Telephone Number)
PROPERTY APPRAISER'S USE ONLY
7. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt
property otherwise been subject to taxation:
8. Estimate of the taxable value lost to the County:
Improvements to real property:
DATE:
SIGNED:
Tangible Personal Property:
(Property Appraiser)
GRANTS RESOURCE/DISASTER RECOVERY DEPARTMENT (GRDRD) USE ONLY
Total number of employees:
Current hourly wage:
RETURN TO BE FILED NO LATER THAN JANUARY 31
20
Updated 03.10.2009
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ORDINANCE NO. 09-018
AN ORDINANCE RELATING TO ST. LUCIE COUNTY,
FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN
THE COUNTY; ESTABLISHING AN EXEMPTION FROM
CERTAIN AD VALOREM TAXATION FOR PARKWAY
WAREHOUSE ASSOCIATES, LLC, FOR THE USE AND
BENEFIT OF LIGHTHOUSE INDUSTRIES, INC.;
PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM
AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL
YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM
THE CURRENT FISCAL YEAR WHICH WOULD BE LOST
BECAUSE OF THE EXEMPTION GRANTED TO PARKWAY
WAREHOUSE ASSOCIATES, LLC; PROVIDING AN
EXPIRATION DATE OF THE EXEMPTION FROM THE DATE
ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING
A FINDING THAT LIGHTHOUSE INDUSTRIES, INC. d/b/a
EAST COAST PLASTICS MEETS THE DEFINITION OF A
NEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA:
ARTICLE I
Short Title
This Ordinance shall be known as County Ordinance No. 09-018 "Economic Development
Ad Valorem Tax Exemption - Parkway Warehouse Associates, LLC. (Lighthouse Industries,
Inc.).
ARTICLE II
Procedure
After consideration of the report of the Property Appraiser and in accordance with
the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax
Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an
exemption from ad valorem taxation of the assessed value of Parkway Warehouse Associates,
-1-
LLC, for the use and benefit of Lighthouse Industries, Inc. in accordance with the following
exemption phase out schedule:
Year 1 (Fiscal Year 2008-09) -
100%
Year 2 -
90%
Year 3 -
80%
Year 4 -
60%
Year 5 -
40%
Year 6 -
20%
No exemption shall be granted on the land on which improvements are made by Parkway
Warehouse Associates, LLC.
ARTICLE III
Ad Valorem Tax Revenues
Total revenues are available to the County for the current fiscal year from ad valorem
tax sources is $403,644,841.00. Revenues lost to the County for the current f iscal year by
ad valorem tax exemptions under this section currently in effect are $321,514.00. Revenues
to be lost by granting of this exemption for the current fiscal year are estimated to be
$8,500.00.
ARTICLE IV
Expiration Date
The Economic Development Ad Valorem Tax Exemption granted to Parkway Warehouse
Associates, LLC, for the use and benefit of Lighthouse Industries, Inc. shall be for six (6)
years from the date of Board adoption of this Ordinance.
ARTICLE V
Finding
The Board of County Commissioners of St. Lucie County, Florida, finds that Lighthouse
Industries, Inc, is a new business as defined by St. Lucie County Ordinance No. 92-24 and
Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption
if Lighthouse Industries, Inc. no longer satisfies the criteria set out above.
-2-
ARTICLE VI
Severability
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this
Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and
severable provision and such holding shall not affect the validity of the remaining portions
of this Ordinance.
ARTICLE VII
Effective Date
This Ordinance shall take effect upon receipt of notice of filing from the Secretary
of State.
ARTICLE VIII
Adoption
After motion and second, the vote on this Ordinance was as follows:
Chair Paula A. Lewis
XXX
Vice Chair Charles Grande
XXX
Commissioner Doug Coward
XXX
Commissioner Chris Dzadovsky
XXX
Commissioner Chris Craft
XXX
PASSED AND DULY ADOPTED this
day of , 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
-3-
County Attorney
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption Application
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
To be filed with the Board of County Commissioners, Economic Development Division of St. Lucie County,
Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional
information, if necessary or requested.
1. Business Name
Mailing Address: ' 7 Cc, city/zip�,):o.
2. Name of person in charge or owner of Business:
Telephone No.: (5 / ` Z Fax No.: t om i) � ? -
3. Location of Business (legal description and street address) of property for which this report is filed:
4. Date Business opened or will open at this facility: !� i c s e_ r� t; )C_. J (11 s f /%111)1 s
5. a. Description of the improvements to real property for which this exemtption is requested:
i
i 1
b. Date of commencement of construction of improvements:
6. a.. Description of the tangible personal property for which this exemption is requested and date when
property was, or is to be, purchased:
Class or Item
Age
g
of
Datese
as Purch
Original
Value
Cost
Taxpayer's
Estimate
of Condition
Taxpayer's
Estimate of
Fair Market
Appraiser's
Use Only
Good
I Avg.
Poor
Condition
14 May 2, 2008
b. Average Value of inventory on hand:
c. Any additional person property not listed above for which an exemption is claimed must be returned on
form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form.
Do you desire an exemption as a: "New Business" 1-11ror as an "Exemption of an Existing Business" ( ]
Describe the Type or Nature of Your Business:
Trade Level (check as many as apply): (] Wholesale (] Manufacturing
[ ] Office [ ] Service [ ] Other
10, a. Number of new full-time employees to be employed in St. Lucie County, Florida:
b. If expansion of an existing business:
Net increase in employment
Increase in productive output resulting from this expansion
Number of St. Lucie County residents employed by Business
c. Average hourly wage
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility — one (1) location only
Everywhere from this facility — one (1) location only
[ ] Professional
divided by total sales
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
Dfite of incorporation in Florida:
a. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
i hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above
property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as
the Board of County Commissioners or the Property Appraiser may request in regard to the exemption
requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and
complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his
declaration is based on all information of which he has any knowledge.)
DATE: /—/ S -0
C;
SIGNED: j
�(Taxp ,er)
TITLE:
SIGNED:
(Preparer)
(Preparer)
(Preparer's Telephone Number)
15 May 2, 2008
PROPERTY APPRAISER'S USE ONLY
1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax
sources: $403 644 841
2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously
granted under this section: $321, 514
3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year
if the exemption applied for were granted had the property for which the exemption is requested
otherwise subject to taxation: $8 , 500
4
Estimate of the taxable value lost to the County if the exemption applied for were granted:
Improvements to real property: $1, 243 , 200 Tangible Personal Property:
5. I have determined that the property listed above meets the definition, as defined in Section 196.012
(15) or (16), Florida Statues, as a New Business [ ], as an Expansion of an Existing Business [X], or
Neither o .
6. Last year for which exemption my be applied: 2015 DATE: cy�(' �L '�"O' cq SIGNED:h C' ,,
(Property Apprai er)
RETURN TO BE FILED NO LATER THAN MARCH 1
I04)7-03 - H:\ECONOMIC\ADV.aLORENDAPPLICATION
16 May 2, 2008
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
SUPPLEMENTAL APPLICATION
Applicant Name: �.;� w Y r� l ��5z ;7� so c� L L C—
NOTICE: This supplement is to be used by the Applicant to provide additional information required by
the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St.
Lucie County, Florida; and to provide other information requested by the Board of County
Commissioners and the entities that will review the application. Please provide a one page narrative
describing the company and the relocation/expansion plans.
1. Length of exemption requested is a total of 7 years (length of exemption approved is sole
discretion of the Board of County Commissioners and commences on the adoption date of the ordinance
granting the exemption). f
2. Property Owner Name: �� -..� f 1 L PSG GLC. �14 z-'C, I rS
Address: city/zip� re
Telephone No.: (56 i) 3 7 //L Fax No.: (.S_ 6 i) �) 3SS 3
3. Authorized Agent: 40 C { K �
Address: / 7 j l C� , ��� Z' �� -5— ci y/zip J�y Y�
Telephone No.: (ri i) 3 cl 7 / / L Fax No.: SJS 3-T-5-
4. Type of Industry or Business: "k Lc, 7C
5. Anticipated new capital investment as a result of expansion or relocation of Business:
New-eon�truction: I 7 New tangible personal property:
6. Environmental impact of Business. (Identify the number of and type of environmental permits required
as a result of this prglect: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater,
industrial waterway):
7. This relocation or expansion would not occur without the exemption: Yes ] No ( ]
8. Source of supplies (local or otherwise):
% source of supplies County:
% source of supplies Florida:
% source of supplies out -of -State:
9. Business is/will be located in a community redevelopment area: Yes [ ] No [ ]
Name of area:
17 May 2, 2008
I hereby confirm the information provided by to the Board of
Countv Commissioners, Economic Development Division, St. Lucie County, Florida, for the purpose of
calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. I
further confirm that is not in violation of any federal, State or
local law, or regulation governing environmental matters:
DATE: S� ` 7 SIGNED:
SIGNED:
(Tax yer) ,
TITLE:
(Preparer)
(Preparer)
(Preparer's Telephone Number)
ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
EDD Economic impact Analysis:
Staff s recommendation:
Date: Signed:
(print name and title)
18 May 2, 2008
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
ANNUAL REPORT
Applicant Name:
%��. lLU. 4✓ hc�5� /f sScc ie j L L L
As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of
County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County
Commissioners no later than January 31 of each year the exemption is desired.
1. Business Name: �.; �� w �� 1 ' c t o l; ze - c <<� s L L
z -� /t s-- city/zip
Mailing Address: /y.3! � P
a
2. Name of person in charge or owner of Business:
Telephone No.: Ei i 3 c f 20 Z FagNo.:
3. Location of Business (legal description and street address) of property for which this report is filed:
4. Date Business opened at this facility:
5. a. Description of the improvements to real property for which this exemption is requested:
SYu:r�z�t ffc1�, ,�. z_i
l
b. Date of commencement of construction of improvements:
6. a.. Description of the tangible personal property for which this exemption is requested and date when
property was purchased: (Provide this information on State form DR-405 (Tangible Personal
Property)
b. Average Value of Inventory on hand:
7. Have you maintained the definition of a "New Business" [ ] or an "Exemption of an Existing Business" [ ]
[]Yes []No
8. Describe the Type or Nature of Your Business:
9. Trade Level (check as many as apply): [ ] Wholesale [ ] Manufacturing [ ] Professional
[ ] Office [ ] Service [ ] Other
10. a. Number of new full-time employees employed in St. Lucie County, Florida:
(1) Increase in productive output resulting from this expansion
(2)
(3)
Number of St. Lucie County residents employed
Total number of hours worked during calendar year of exemption
19
May 2, 2008
(4)
(5)
Total gross wages paid during calendar year of exemption
(less the top executive's salary)
Number of employees prior to filing for an exemption
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility — one (1) location only
Everywhere from this facility — one (1) location only
divided by total sales
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
b. Date of incorporation in Florida:
c. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I agree to furnish such other reasonable information as the Board of County Commissioners, St. Lucie County,
Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by
the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone
other than the taxpayer, his declaration is based on all information for which he has any knowledge.)
DATE:
SIGNED: ✓J ~
(Tax Fay er)
TITLE:
SIGNED:
(Preparer)
(Preparer)
(Preparer's Telephone Number)
PROPERTY APPRAISER'S USE ONLY
7. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt
property otherwise been subject to taxation: $8,500
8. Estimate of the taxable value lost to the County: $1, 243 , 200
Improvements to real property: $1, 243,200 Tangible Personal Property:
DATE: ?y7VJ1 SIGNED: A,, -Jrf
(Property Appraiser)
ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
Total number of employees:
Current hourly wage:
RETURN TO BE FILED NO LATER THAN JANUARY 31
10-28-03 - H:\ECONOMIC\ADVALOREM\APPLICATION
20
May 2, 2008
N
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): County Attorney
SUBJECT: Street Naming - Conklin Way
60' Ingress Egress Easement
Resolution No. 09-140
BACKGROUND: Please see an attached memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: . N/A
RECOMMENDATION:
ITEM NO. VI-134
DATE: April 28, 2009
REGULAR [ ]
PUBLIC HEARING[ ]
CONSENT [XX]
PRESENTED BY:
JoAnn Riley
Property Acquisition Manager
Staff recommends that the Board approve Resolution No. 09-140 for the proposed street name
Conklin Way, as shown on the attached map, direct staff to notify the appropriate Utilities, the
U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County
Sheriff and record the Resolution in the Public Records of St. Lucie County.
COMMISSION ACTION: CONCURRENCE:
[ APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[xx] County Attorney: [ j Environmental:
Dan McIntyre
[xx] Originating Dept.: ��"' [ j Road A Bridge:
JoAnn Riley
5:\ACQ\WP\Street Names\Conklin Way\Agenda Request.wpd
[ ] County Engineer:
[ ] OMB:
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE: April 28, 2009
SUBJECT: Street Naming - Conklin Way
60' Ingress Egress Easement
Resolution No. 09-140
BACKGROUND:
The Property Acquisition Division received a request from Robert and Jean Conklin (copy attached) to
name a 60' Ingress Egress Easement. The Easement provides access to property owned by Robert and
Jean Conklin and Joseph and Barbara Muller as shown on the attached map.
The naming of this Easement will allow emergency services, deliveries and the public the ability to find
the Conklin and Muller properties, as they are behind existing homes on Riverview Drive. Growth
Management, Public Safety and the Property Acquisition Division have reviewed and approved the street
name Conklin Way. We have also attached an emai I from Joseph Muller approving the naming of Conklin
Way.
RECOMMENDATION:
Staff recommends that the Board approve Resolution No. 09-140 for the proposed street name Conklin
Way, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal
Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record
the Resolution in the Public Records of St. Lucie County.
Respectfully submitted,
14
J`oAnn Riley
Property Acquisition Manager
5:\ACQ\WP\Street Names\Conklin Way\Agenda Memovpd
Proposed Conklin Wa-=�u
Map prepared April 7, 2009
Proposed Conklin Way
Map prepared April 7, 2009
This instrument prepared by:
JoAnn M. Riley, under the direction of
Daniel S. McIntyre, County Attorney
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
RESOLUTION NO. 09-140
DATE: April 28, 2009
A RESOLUTION NAMING A 60' INGRESS EGRESS EASEMENT LYING
NORTH OF RIVERVIEW DRIVE IN SECTION 4, TOWNSHIP 37 SOUTH,
RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Section 336.05(1), Florida Statutes, authorizes the Board of County Commissioners to
name and rename streets and roads lying outside the boundaries of any incorporated municipality.
2. Pursuant to Ordinance No. 87-8, Part A, St. Lucie County Code Section 1-17-54, there
shall be no duplication of street names in St. Lucie County.
3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets,
regardless of functional classification, which run parallel to the north -south base line (Orange Avenue)
shall be called avenue, drive or some other designation beginning with a letter in the first half (A
through M) of the alphabet. Street, regardless of classification, which run parallel to the east -west
base line (U. S. Highway 1) shall be called terrace, place, or some other designation beginning with a
letter in the second half (N through Z) of the alphabet.
4. The Property Acquisition Division received a request from Robert and Jean Conklin to
name a 60' Ingress Egress Easement. The Easement provides access to property owned by Robert and
Jean Conklin and Joseph and Barbara Muller. Growth Management, Public Safety, Joseph Muller and
the Property Acquisition Division have reviewed, verified and approved Conklin Way.
I
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. A 60' Ingress Egress Easement located North of Riverview Drive as shown on the
attached Exhibit "A", located in Section 4, Township 37 South, Range 41 East, shall be named Conklin
Way.
B. The purpose of this Resolution is to allow emergency services, deliveries and the public
the ability to find the Conklin and Muller properties, as they are behind existing homes on Riverview
Drive.
C. The Property Acquisition Division is hereby directed to notify the appropriate Utilities,
the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County
Sheriff.
After motion and second, the vote on this resolution was as follows:
Chair Paula A. Lewis XXX
Vice -Chair Charles Grande XXX
Commissioner Doug Coward XXX
Commissioner Chris Craft XXX
Commissioner Chris Dzadovsky XXX
PASSED AND DULY ADOPTED this 28'h day of April, 2009.
ATTEST:
DEPUTY CLERK
5:\ACQ\WP\5treet Names\Conklin Way\Resolution 09-140.wpd
BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA
BY.
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
2
JoAnn Riley
From: Robert Conklin [bocon3@yahoo.com]
Sent: Friday, January 16, 2009 5:12 PM
To: JoAnn Riley
Subject: Conklin Way
To Jo Ann Riley
As per our conversation I am requesting the name of Conklin Way be added to the county map system. 12000
Conklin Way is the address approved by St. Lucie County
Right of Way Department July 14, 1980 and I have been using it for almost 29 years.
I have the Certificate of Occupancy and other papers from the County stating that the house I built and live
in is in fact located at 12000 Conklin Way.
Conklin Way is located in Top of Walton Subdivision lot 11 off River View Drive.
I am requesting this so emergency vehicles,police,etc. will be able to find my address if need be.
Thank you Robert H. Conklin
JoAnn Riley
From: Joseph Muller [actionseweranddrain@yahoo.com]
Sent: Thursday, February 12, 2009 7:55 PM
To: Robert Conklin; JoAnn Riley
Follow Up Flag: Follow up
Flag Status: Flagged
After speaking with Robert Conklin, I have no objections naming the Right of Way "Conklin Way". If
you have any questions you could call me at my cell phone # (516) 857-0553.
Thank You,
Joseph Muller
(Top of Walton Subdivision Lot #12)
im.
MP
9TY
f
R
I D A
--
-A
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
ITEM NO.
DATE:
AGENDA REQUEST REGULAR
BOARD OF COUNTY COMMISSIONERS
Public Safety Department
VI-C
04/28/09
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X )
PRESENTED BY:
Jack T. Southard
Public Safety Dire
Budget Resolution No. 09-122, 2009 Domestic Homeland Security Sub -Grant
Agreement.
See attached memorandum
FUNDS AVAILABLE: 001502-2510-534000-200 (Other Contractual Services)
PREVIOUS ACTION: December 9, 2008, the Board of County Commissioners accepted the 2009
Domestic Homeland Security Sub -Grant Agreement in the amount of $18,000.00
for exercise, training, planning and operating.
RECOMMENDATION: Board acceptance of Budget Resolution No. 09-122, 2009 Domestic Homeland
Security Sub -Grant Agreement and authorization for the Chair to sign documents
as approved by the County Attorney.
COMMISSION ACTION:
I APPROVED
( OTHER
/Its+ -County Attorney ( )
Originating Dept. ( )
( ) DENIED
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director ( )
Budget Analyst
" Marie Gouin
Patty Marston
ERD ( )
(Name)
Public Safety
MEMORANDUM
TO: Board of County Commissioners
THROUGH:
FROM: Jack T. Southard
Public Safety Departme
DATE: April 28, 2009
SUBJECT: Budget Resolution No. 09-122, 2009 Domestic Homeland Security Sub -Grant
Agreement
ITEM NO. VI-C
Background:
December 9, 2008, the Board of County Commissioners accepted the 2009 Domestic Homeland
Security Sub -Grant Agreement in the amount of $18,000.00 for exercise, training, planning and
operating.
Previous Action
Recommendation
Board acceptance of Budget Resolution No. 09-122, Domestic Homeland Security Sub -Grant
Agreement and authorization for the Chair to sign documents as approved by the County Attorney.
RESOLUTION NO. 09-122
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available in the form of a grant from the Division of Emergency Manageemnt in the amount of $18,000 as
funding to develop and implement homeland security support programs and adopt the Department of
Homeland Security national initiatives.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 28th day of April, 2009, pursuant to Section 129.06 (d), Florida
Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget
is hereby amended as follows:
REVENUE
001502-2510-331233-200 Dept of Homeland Security $18,000
APPROPRIATIONS
001502-2510-534000-200 Other Contractual Services $18,000
After motion and second the vote on this resolution was as follows:
Commissioner Paula Lewis, Chair
XXX
Commissioner Charles Grande, Vice Chair
XXX
Commissioner Doug Coward
XXX
Commissioner Chris Craft
XXX
Commissioner Chris Dzadovsky
XXX
PASSED AND DULY ADOPTED THIS 28TH DAY OF APRIL, 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
ITEM NO. VI-D
DATE: 04/28/2009
AGENDA REQUEST REGULAR f }
PUBLIC HEARING ( }
CONSENT ( X }
TO: BOARD OF COUNTY COMMISSIONERS PR NT
SU&MITTED BY: St. Lucie County Clerk of Circuit Court e f Cou Office, Joseph E. Smith
SUEJECT: On April 20, 2009, the Investment Committee will meet and vote to make the
following amendments to the Authorized Dealer Contact List.
BACKGROUND: Bear Stearns/JP Morgan money market group currently handling our day-to-
day money market transactions is moving on to join the HighTower Securities,
LLC. This firm currently is not on the Broker/Dealer Contact List.
Per the Investment Policy the Board of County Commissioners must approve
all Broker/Dealers that the County utilizes for this purpose.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board of County Commissioners approve HighTower Securities, LLC to the current
BrokerlDealer Contact List.
COMMISSION ACTION:
APPROVED () DENIED
() OTHER
Coun y Attomey
Other
Approved 5-0
Daniel McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
CoordinatioTMouin4
Mgmt & Budget Purchasing
Sophia Holt
Other Finance P for copy only if applicable)
The St. Lucie County
Clerk of Circuit Court
Finance Department
Interoffice Memorandum
To. St. Lucie County Board of County Commissioners
From: Joseph E. Smith, Clerk of Circuit Court
Date: April 7, 2009 77
Subject: Authorized Dealer Contact List
Un April ZU, lUUY, the investment Committee will meet and vote to make the following amendments
to the Authorized Dealer Contact List.
The County's investment group, currently part of the Bear Stearns/JP Morgan money market group,
is moving on to join the HighTower Securities, LLC. This firm currently is not on the Broker/Dealer
Contact List.
Per the investment Policy, the Board of County Commissioner must approve all Broker/Dealers that
the County utilizes for this purpose.
I appreciate your assistance in scheduling this item for the Board of County Commissioners approval
for the next scheduled day meeting, April 28, 2009.
If you have any questions or require any additional information, please feel free to contact me.
Thank you for your assistance in this matter.
Cc: Shai Francis, Finance Director
t
§ QUALIFIED PUBLIC DEPOSITORIES
AUTHORIZED DEALERS/CONTACTS
INVESTMENTS
INSTITUTION AUTHORIZED CONTACT PHONE
§ Suntrust Steve Trescott 305-579-7329
Suntrust Capital Markets FAX 305-577-5092
777 Brickell Ave. 111046
Miami, FL 33131
Steve.trescottOsuntrust.com
David Debasio 305-579-7329
David.debasio(a.,suntrust.com FAX 305-577-5092
Merrill Lynch Alfred Kuskowski — Purchase Securities 212-236-7838
Subsidiary of North Tower FAX 212-236-7821
Bank Of America Corp. 4 World Financial Center
New York, NY 10080
Alfred kuskowski(2cml.com
Virginia Aprigliano
v aprilg_iano(alml.com
Michael Reed
Michael reed czvml.com
Alberto Cordero
Alberto corderona ml.com
Wachovia Paul Vincent -- Government(ID#A956578)
A Wells Fargo Co. 450 S. Australian Ave., 9`h FL
West Palm Beach, FL 33401
Paul.vincent car wachovia.com
Rob. whitmoreQwachovia. corn
212-449-0210
FAX 646-736-5241
212-449-0185
FAX 646-736-5241
212-449-9149
FAX 646-736-5236
561-650-2362
FAX 561-650-2367
704-383-3618
JP Morgan James L. Canale, Jr 866-909-0434
1715 Aaron Brenner Dr., Ste 400 FAX 917-849-4001
Memphis, TN 38120 CELL 901-230-3752
icanalenbear.com
Gary C. Mills 866-909-0419
gymills(a beanco. FAX 917-849-0727
Jerry Klein/Vlad Feygin — Money Market 212-272-7554
383 Madison Avenue FAX 917-849-0509
New York, NY 10179
Hightower Securities, LLC .lent' Klein/Vlad Feygin — Money Market 212-272-7554
505 Fifth Avenue, 14`h Floor FAX 917-849-0509
New York, NY 10017
Approved 4/28/09 — Addition Hightower Securities, LLC/Name Change for Merrill Lynch
TREASURY PARTNERS'
505 Fifth Avenue, 14th Floor, New York, NY 10017
Q. We understand you are leaving the Bear Stearns division of J. P. Morgan Securities, Inc.
(JPMSI). What led to this decision?
A. As a result of certain incompatibilities in our respective investment platforms and services, we
decided to leave JPMSI.
Q. Does this mean our account and assets will no longer be held by J. P. Morgan Clearing Corp.
(JPMCC)?
A. No. Your account will be introduced by our new broker -dealer, HighTower Securities, LLC to
which JPMCC will provide clearance and custody services (collectively with HighTower
Advisors, LLC, "HighTower"). 2 (HighTower Securities, LLC is a member of FINRA, SIPC and
the MSRB and HighTower Advisors, LLC is a SEC registered investment adviser).
JPMCC will continue to process wire transfers, clear trades and issue trade confirmations and
statements. JPMCC will also continue to host our Money Market Portal platform and we will
continue to send data to the Clearwater Analytics Reporting System.
Q. Can you explain this? You're leaving J.P. Morgan, but our accounts will remain at J.P.
Morgan?
A. We are currently employees of the Bear Steams division of J.P. Morgan Securities Inc., which
introduces accounts to its wholly owned subsidiary JPMCC. JPMCC, through its Broker Dealer
Services business, provides fully -disclosed clearing and custody services, comprehensive
account management, financing & reporting capabilities, capital markets access & trade
execution capabilities, open architecture products & services and an integrated technology
platform for JPMSI, as well as other broker -dealers.
After our departure, the services we used to have access to as employees of JPMSI will be
provided to us as employees of HighTower. HighTower is independent of and has no affiliation
with J.P. Morgan. HighTower's sole focus is on providing support services to independent
brokers and financial advisors and their clients.
Q. Will there be any changes in the Money Market Portal platform?
A. No. You will continue to access the Portal via our website, which JPMMC will continue to
host. Nor will there be any changes in the Portal infrastructure or its related features, including
the new Clearwater Reporting System.
' 'Treasury Partners" is a d/b/a of HighTower.
Z Securities offered through HighTower Securities, LLC • Member FINRA/SIPC/MSRB - HighTower Advisors, LLC is a SEC registered
investment adviser
Q. Will we need to complete new account documents?
A. You simply need to authorize movement of your account and related information to
HighTower. Please review the authorization document(s) provided. We will contact you if
additional documentation is necessary.
Q. Will there be any changes in your team or in the services you currently provide?
A. No. Each of our dozen investment, accounting and administrative professionals will continue
to deliver the same high levels of client services for which we are acknowledged throughout this
industry. And, we will continue to reflect our conservative investment philosophy in every aspect
of those services.
Q. Once you leave J. P. Morgan, will you be adopting a new name?
A. Yes, our new name will be "Treasury Partners." We chose this name because it represents not
only our dedication to the best principles of corporate cash management but of perhaps greater
significance, the very essence of our client relationships.
Q. Who owns HighTower?
A. Every advisor aligned with HighTower holds an equity position in the firm, as do its
employees. HighTower's capital partners include M.D. Sass -Macquarie, Franklin Mutual
Advisors, Envestnet, Offit Capital, DLB Capital, and Red Eagle Ventures.
Q. How will HighTower be involved in supporting your platform?
A. In addition to serving as our broker -dealer, HighTower will provide legal and compliance
services and IT support, as well as our payroll and benefits processing.
Q. Will there be any changes in your online reporting?
A. No. As you are aware, we are now aligned with Clearwater Analytics; and that relationship
will continue without interruption. All data on our technology platform currently feeds directly
from JPMCC to the Clearwater system. Because client assets will remain at JPMCC, nothing
more than very minor, incremental programming is required.
Q. Who will you rely on for research?
A. We will have access to and will draw our research from a wide range of resources, including
J. P. Morgan.
Q. When will the transition be completed?
A. We anticipate finalizing the transition in early May. We have signed our lease and we will be
moving to new offices in Midtown Manhattan, a few blocks from our current location. Our
offices will incorporate the very latest innovations in both interior design and technology.
Rit
STNZO
a division of J.P. Morgan
March 27, 2009
Shai Francis
St. Lucie County Clerk
2300 Virginia Avenue
Fort Pierce, FL 34982
Dear Shai:
Richard S. Saperstein
Senior Managing Director
Telephone: 212 272 0800
Toll Free: 877 652 2327
Fax: 917 849 0509
richard.saperstein@bear-.com
I am extremely pleased to announce that, afler being associated with major Wall Street
investment banks for the past 27 years, my entire team and 1 are embarking on a new
path, and will be leaving the Bear Stearns division of J. P. Morgan Securities Inc. ("Bear
Stearns") in mid to late April.
In concert with this move, we are adopting a new identity. Once we join our new broker -
dealer, HighTower Securities, LLC, ("HighTower")37 we will be known as "Treasury
Partners."
We have chosen this name because it represents not only our dedication to the best
principles of corporate cash management but of perhaps greater significance, the very
essence of our client relationships.
Importantly, J. P. Morgan Clearing Corp. ("JPMCC") has agreed to provide clearance
arri custody services for HighTower, so there will be no change of custodian of your
assets. In the event you choose to transfer your account to HighTower, JPMCC will
continue to hold your assets, process wire transfers, and issue trade confirmations and
statements.
JI'MCC also has agreed to continue to maintain and host our website and Money Market
Portal. Clearwater Analytics, FASB 115 reporting and investment policy compliance
monitoring systems will continue to be available through Treasury Partners.
Please note that, subsequent to our departure, Bear Stearns will no 1017ger support the
Money Market Portal. This means that, effective in mid to late April, money market
transactions through the Portal, FASB 115 reporting and investment policy compliance
n7anitoring will no longer be available through Bear Stearns.
flo wever, Treasury Partners will provide access to the Portal and its technology
plc- )forms.
t ` ; lighTower is independent of and has no affiliation with. JPMorgtn Chase & Cn. or its suhsidiarirx, including J.P Morgan
Cl:--ring Corp_ and the Bear Steams division ofJ.P. Morgan Securities Inc.
Bear Stearns, a division of J.P. Morgan
383 Madison Avenue. New York. NY 10179
We are enclosing documentation, which will authorize and facilitate the transfer of your
account(s) and underlying information to HighTower. In order to avoid any interruption
in your ability to trade online, this documentation must be on file prior to our departure.
You may return the documentation via fax (917.849.0509). We also require the originals
and have provided a return envelope for your convenience.
We will contact you within the next several days to answer any questions you may have.
My senior management team, Jerry Klein, Nicholas Cifelli, Brendan Jones, and Benjamin
Gutstein join me in thanking you for the confidence you have placed in us.
We look forward to and will welcome the opportunity to continue to earn your trust in the
coming months and years.
Cor ially,
chard Saperstein
Enclosures
a
c6uNT
Y
F
L
O
R
I D A"
AGENDA REQUEST
ITEM NO. VI-E
DATE: 4/28/09
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
(Daniel J. Lutzke) G`
(Interim Risk Mana
SUBMITTED BY: Human Resources/Risk Management
SUBJECT: Lawnwood Regional Medical Center, Inmate Medical Care Invoice
BACKGROUND: See Attached Memorandum.
FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval)
PREVIOUS ACTION: A thorough search for financial sources to pay for the arrestee's medical treatment
has been conducted and none have been found.
RECOMMENDATION: Board approval of payment to Lawnwood Regional Medical Center for invoices
totaling $2,876.00.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
OTHER G7
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB DirectorBod( )
ge�y�
(Daniel S. McIntyre) �- (Marie ouin)
Originating Dept. ( ) ��" r/�� ERD ( )
(Carl Holeva)
(Name)
Vi
cC�[1 NTY
F L o R t D A
Human Resources/Risk Management
TO: Board of County Commissioners
MEMORANDUM
THROUGH: Carl Holeva, Human Resources Director
FROM: Daniel J. Lutzke, Interim Risk Manager
DATE: April 28, 2009
SUBJECT: Lawnwood Regional Medical Center, inmate medical care invoice
ITEM NO. VI-E
Background:
While in the process of arrest, Joshua Heisler was injured and required emergency medical treatment.
He was transported to Lawnwood Regional Medical Center for that treatment. State Statute 901.35
requires that the County reimburse medical expenses for inmates injured during arrest and prior to
booking after all avenues of reimbursement by the inmate has been exhausted.
Previous Action
A thorough search for financial sources to pay for Joshua Heisler's medical treatment has been
conducted and none have been found.
Recommendation
Board approval of payment to Lawnwood Regional Medical Center for invoices totaling $2,876.00.
HCA
Shared Services
St. Lucie County BOCC
Attn: Wayne Teegardin,
Risk Manager
2300 Virginia Avenue
Ft. Pierce, FL 34982
Re: Patient:
Facility:
Account No.:
Date of Service:
Total Charges:
Dear Mr. Teegardin:
APR 0 3 2009
RISK M:3NAGEMENT
ST. LUCIE COUNTY. FLORIDA
Joshua Heisler
Lawnwood Regional
98790862
8/2/08
$2,876.00
PO Box 1629
Orange Park, FL 32067-1629
P (904) 688-2000
Pamela G. Zahler
General Counsel — HCA-PAS OP
Telephone: (904) 688-6575
Facsimile: (904) 688-7575
March 30, 2009
Please be advised that I am the attorney for Lawnwood Regional Medical Center,
an HCA facility. Your request for further information has been forwarded to my
attention.
Pursuant to F.S. § 901.35, reimbursement shall be obtained from the following
sources:
(a) From an insurance company: We were advised that Mr. Heisler had no
insurance coverage. A search for possible other insurance coverage
revealed that Mr. Heisler was not eligible for State of Florida Medicaid on
the date of service.
(b) From the person receiving the medical care: A letter was sent to the
patient on October 28, 2008 at his last known address. A bill was sent to
the patient via Federal Express tracking 808144210128186 and was
delivered on November 26, 2008. There has been no response from the
patient. A copy of the tracking confirmation is attached. A review of
yellow pages, white pages and anywho.com reveals no listing for Joshua
C. Heisler and no information is available on a reverse search of Mr.
Heisler's last known address.
Page Two
Re: Heisler
(c) From a financial settlement: A review of the records of Lee County
where the patient resides or did reside shows no lawsuit filed on Mr.
Heisler's behalf. The only civil lawsuits are actions involving
mortgage/foreclosure where Mr. Heisler is a defendant. St. Lucie County
reveals no current action or lawsuit for Mr. Heisler as well.
Therefore, according to F.S. § 901.35:
Upon a showing that reimbursement from the sources listed above is not
available, the cost of medical care ... shall be paid:
(a) From the general fund of the county in which the person was
arrested.
Please immediately process Lawnwood Regional's bill in the amount of
$2,876.00. A copy of the itemized bill is attached for your records.
Ve ly yours,
Pamela G. ZaHer
PGZ/jcm
Enclosures
Certified Mail/Return Receipt Requested
PATIENT NO:
MED REC NO:
GUARANTOR NO:
PATIENT.
HEISLER JOSHUA
98790862 LAWNWOOD REG MED CENTER BILLING DATE PAGE 1 00102
627693 1700 SOUTH 23RD STREET 08/04/06
FT PIERCE, FL 34950 ADMITTED DISCHARGED
08/02/08 08/02/08
BILL TO:
HEISLER JOSHUA
3909 SE 4TH AVE
CAPE CORAL FL
33904
EMERGENCY
ADMIT THRU DISCHARGE CLAIM
DATE OF BATCH F NDC/CPT-4/
SERVICE REF DEPT S PROC HCPCS
270-MED-SUR SUPPLIES
080208 03B124 0718 082418
271-NON-STER SUPPLY
080208 03B124 0718 067353
320-DX X-RAY
080208 02BO39 0728 736008 7361OLT
080208 02BO39 0728 736204 7363OLT
450-EMERG ROOM
080208 03B124 0780 565217
080208 03B124 0780 904934 99281
QTY SERVICE DESCRIPTION
2 CAST PADDING(EACH)
SUBTOTAL:
1 ORTHO GLASS
SUBTOTAL:
1 XR ANKLE 3 + V LT
1 XR FOOT 3 + V LT
SUBTOTAL:
1 PROCEDURE CATEGORY 1
1 EMER DEPT LEVEL 1
SUBTOTAL:
TOTAL ANCILLARY CHARGES
TOTAL CHARGES
PAYMENTS
ADJUSTMENTS
BALANCE
A FOR -PROFIT TAX PAYING HOSPITAL LICENSED BY THE STATE
OF FLORIDA ID# 591764486
FC=11
CHARGES
148.00
148.00
349.00
349.00
841.00
752.00
1593.00
216.00
570.00
766.00
2676.00
2876.00
.00
.00
2876.00
'PATIENT NO:
MED REC NO:
GUARANTOR NO:
PATIENT:
HEISLER JOSHUA
98790862 LAWNWOOD REG MED CENTER BILLING DATE
627693 1700 SOUTH 23RD STREET 06/04/08
FT PIERCE, FL 34950 ADMITTED
08/02/08
PAGE 2 00102
DISCHARGED
08/02/08
DEPARTMENTAL CHARGE SUMMARY
DEPT DESCRIPTION AMOUNT
0716 MEDICAL SERVICES (SUPPLY 497.00
0728 RADIOLOGY 1,593.00
0780 ER 786.00
TOTAL CHARGES: 2,876.00
TOTAL PAYMENTS: .00
TOTAL ADJUST: .00
t'ATIENI NO: 98792466 LAWNWOOD REG MED CENTER BILLING DATE PAGE 1 00102
MED REC NO: 627693 1700 SOUTH 23RD STREET 08/08/08
GUARANTOR NO:
PATIENT: FT PIERCE, FL 34950 ADMITTED DISCHARGED
HEISLER JOSHUA 08/03/08 08/03/08
BILL TO:
HEISLER JOSHUA
3909 SE 4TH AVE
CAPE CORAL FL
33904
EMERGENCY
ADMIT THRU DISCHARGE CLAIM
DATE OF BATCH F NDC/CPT-4/
SERVICE REF DEPT S PROC HCPCS
450-EMERG ROOM
080308 08ET9T 0780 565217
080308 04B226 0780 904934 99281
QTY SERVICE DESCRIPTION
1 PROCEDURE CATEGORY 1
1 EMER DEPT LEVEL 1
SUBTOTAL:
TOTAL ANCILLARY CHARGES
TOTAL CHARGES
PAYMENTS
ADJUSTMENTS
BALANCE
A FOR -PROFIT TAX PAYING HOSPITAL LICENSED BY THE STATE
r;F FLORIDA ID# 591764486
FC=15
CHARGES
216.00
570.00
786.00
786.00
786.00
.00
.00
786.00
PAT'IENi NO: 98792466 LAWNWOOD REG MED CENTER BILLING DATE
MED REC NO: 627693 1700 SOUTH 23RD STREET 08/08/08
GUARANTOR NO:
PATIENT: FT PIERCE, FL 34950 ADMITTED
HEISLER JOSHUA 08/03/08
DEPARTMENTAL CHARGE SUMMARY
DEPT DESCRIPTION
0780 ER
TOTAL CHARGES: 786.00
TOTAL PAYMENTS: .00
TOTAL ADJUST: .00
PAGE 2 00102
DISCHARGED
08/03/08
AMOUNT
786.00
-- _ ITEM NO. VI — F1
DATE: 04/28/09
:COUN
• R I r A-- AGENDA REQUEST REGULAR
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Donald B. West �tU�
SUBMITTED BY: Public Works Administration Public Works Director
SUBJECT: USGS contract for water quality monitoring at 5 Mile Creek
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 102001-3725-531000-42512 Stormwater MSTU Budget, within the NPDES
Permitting Account number.
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of the attached contract with USGS in the amount of $20,267.00
for water quality monitoring in Five Mile Creek, and authorization for the Chair to
sign documents as approved by the County Attorney.
COMMISSION ACTION:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
Budget Analyst
Daniel McIntyre �✓,> - >.
Originating Dept. ERD
Don Id B. West
` Marie , ouin
Karen Smith
Public Works Administration
MEMORANDUM
TO: Board of County Commissioners
FROM: Donald B. West, Public Works Director V)
DATE: April 28, 2009
SUBJECT: USGS contract for water quality monitoring at 5 Mile Creek
ITEM NO. VI — F1
Backaround:
SFWMD has been partnering with Martin and St. Lucie Counties to establish a Water Quality Monitoring
Network throughout the Upper East Coast watershed, including the urbanized areas. In order to
prioritize stormwater management efforts and water quality improvement projects, a tributary water
quality monitoring network will be required.
The data collected by the Water Quality Monitoring Network will also help St. Lucie County comply with
National Pollutant Discharge Elimination System (NPDES) minimum control measures. The data will
also aid in problem source identification and will establish a baseline for evaluating the effectiveness of
water quality improvement projects.
As a part of St. Lucie County's participation in the Water Quality Monitoring Network, the attached
contract (Attachment "A") will continue a monitoring station at Five Mile Creek and Okeechobee Road.
The attached contract is an agreement with U.S. Geodetic Survey (USGS) and St. Lucie County to
share the cost of continuing the monitoring station. The contract requires a 55% match in the amount of
$20,267.00. The data will be collected and analyzed by USGS, to be shared with SFWMD and St. Lucie
County.
Previous Action
September 14, 2004 - BOCC approval of $14,860.00 in matching funds for the Water Quality Monitoring
Program with USGS.
February 21, 2006 - BOCC approval of $14,583.00 in matching funds for the Water Quality Monitoring
Program with USGS.
October 17, 2006 - BOCC approval of $14,583 in matching funds for the Water Quality Monitoring
Program with USGS.
November 6, 2007 - BOCC approval of $17,448.00 in matching funds for the Water Quality Monitoring
Program with USGS.
November 25, 2008 - BOCC approval of $20,067.00 in matching funds for the Water Quality Monitoring
Program with USGS.
Recommendation
Board approval of the attached contract with USGS in the amount of $20,267.00 for Water Quality
Monitoring in Five Mile Creek, and authorization for the Chair to sign documents as approved by the
County Attorney.
"Attachment A"
Page 1 of 2
Form 9-1366 U.S. Department of the Interior
Customer#
(Oct. 2005) U.S. Geological Survey
Agreement #
FL095
FL095lOEOF
208001
Joint Funding Agreement
Project #:
10/11-2080-00100
TIN #.
59-6000835
Fixed Cost
f,
C. Yes
Agreement
LNo
FOR
WATER RESOURCES INVESTIGATION
THIS AGREEMENT is entered into as of the 1st day of October, 2009, by the U S GEOLOGICAL SURVEY,
UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part. and the ST LUCIE COUNTY
party of the second part
1 The parties hereto agree that subject to availability of appropriations and in accordance with their
respective authorities there shall be maintained in cooperation AN INVESTIGATION OF WATER
RESOURCES, herein called the program. The USGS legal authority is 43 USC 36C, 43 USC 50, and 43
USC 50b.
2 The following amounts shall be contributed to cover all of the cost of the necessary field and analytical
work directly related to this program 2(b) includes In -Kind Services in the amount of $0.00
by the party of the first part during the period
(a) $14,583 00 October 01, 2009 to September 30, 2010
by the party of the second part during the period
(b) $20,267.00 October 01, 2009 to September 30, 2010
(c) Additional or reduced amounts by each party during the above period or succeeding periods as
may be determined by mutual agreement and set forth in an exchange of letters between the
parties.
(d) The performance period may be changed by mutual agreement and set forth in an exchange of
letters between the parties
3 The costs of this program may be paid by either party in conformity with the laws and regulations
respectively governing each party.
4 The field and analytical work pertaining to this program shall be under the direction of or subject to
periodic review by an authorized representative of the party of the first part.
5 The areas to be included in the program shall be determined by mutual agreement between the parties
hereto or their authorized representatives. The methods employed in the field and office shad be those
adopted by the party of the first part to insure the required standards of accuracy subject to modification
by mutual agreement.
6 During the course of this program, all field and analytical work of either party pertaining to this program
shall be open to the inspection of the other party, and if the work is not being carried on in a mutually
satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other
party.
7. The original records resulting from this program will be deposited in the office of origin of those records
Upon request, copies of the original records will be provided to the office of the other party.
https:'/gsvaresa0l er.usgs gov/Webforms/9-1366R.nsf,/c2b886045170c623852571330054c8... 4/9/2009
Page 2 of 2
'A
Form 9-1366 U.S. Department of the Interior Customer#. FL095
continued U.S. Geological Survey Agreement #: IOEOFL208001
Joint Funding Agreement Project#: 10/11-2080-00100
TIN #: 59-6000835
8 The maps, records, or reports resulting from this program shall be made available to the public as
promptly as possible. The maps, records, or reports normally will be published by the party of the first part
However, the party of the second part reserves the right to publish the results of this program and, if
already published by the party of the first part shall, upon request, be furnished by the party of the first
part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy
was prepared. The maps, records, or reports published by either party shall contain a statement of the
cooperative relations between the parties
9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing
documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing
date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day
period, or portion thereof, that the payment is delayed beyond the due date (31 USC 3717, Comptroller
General File B-212222, August 23, 1983).
U.S. Geological Survey
ST. LUCIE COUNTY
United States
Department of the Interior
USGS Point of Contact
Customer Point of Contact
Name
R Scott Padgett, Acting A O
Name.
Sue Durden
Address
3110 S W 9th Avenue
Address
2300 Vii;gina Avenue
Ft Lauderdale, FL 33315
Ft. Pierce, FL 34982
DUNS # 137784026/TAS: 140/10804
Telephone
954,377.5906 OR 813.975.8620, ext.
Telephone:
772.462.1485
138
Email.
rspadgett@usgs gov
Email
DurdenS@stlucieco gov
Signatures
By Date
Name Dr. Barry Rosen
Title: FISC Director
By Date
Name
Title
By_
Name.
Title:
Date
Signatures
By Date
Name:
Title:
By_
NameTitle
By_
Name:
Title:
Date
Date
https://gsvaresa0I.er.usgs.gov/Webforms/9-1366R.nsf/c2b886045170c623852571330054c8... 4/9/2009
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Public Works Administration
Lakewood Park Phase 1 canal control structures
See attached memorandum.
ITEM NO. VI — F2
DATE: 04/28/09
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
PRESENTED BY: ,
Donald B. West
Public Works Di cto
102807-3725-563000-425047 SFMWD Lakewood Park Storm Water
Improvements, Stormwater Management.
PREVIOUS ACTION: See attached memorandum
RECOMMENDATION: Board award construction contract with American Engineering and Development
Corp. in the amount of $116,870.00 for Lakewood Park Phase 1 canal control
structures, and authorization for the Chair to sign contract documents as approved
by the County Attorney.
COMMISSION ACTION:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
County Attorney ( )
Daniel McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Originating Dept. ( ) V� ERD
Don Id B. West
Marie Gouin
Karen Smith
Public Works Administration
MEMORANDUM
TO: Board of County Commissioners
FROM: Donald B. West, Public Works Director �►
DATE: 04/28/09
SUBJECT: Lakewood Park Phase 1 canal control structures
ITEM NO. VI — F2
Background:
This project involves replacement of the three primary water control structures with adjustable outfalls to
provide maximum flexibility for stormwater management under varying conditions. The primary goals of
this stormwater improvement project are flood control and groundwater recharge, accomplished by
managing canal stages at optimum levels under variable conditions.
After conducting studies to evaluate the Lakewood Park stormwater system and the downstream Fort
Pierce Farms Water Control District canals (FPFWCD), a three -phased approach was developed to
improve overall performance of the stormwater system (see attached master plan drawing exhibit "A").
The Phase 1 project will replace the existing fixed crest weirs with adjustable weir controls that can be
managed under variable conditions. The adjustable structures will allow the water levels to be
maintained at higher levels during the dry season, to improve ground water recharge and to improve
lake aesthetics.
The adjustable structures will also provide the capability for pre -storm drawdown of the canal stages
during the wet season. This capability will provide greater flood protection through the additional storage
volume in the primary canal system. Pre -storm drawdown is currently limited by the permit conditions
imposed by the FPFWCD.
Implementation of the Phase 2 project will improve the discharge capability to an even greater extent by
increasing the permitted discharge volume from Lakewood Park. The Phase 2 project will require major
permit modifications and additional stormwater fees to be paid to FPFWCD.
The construction plans for Lakewood Park Phase 1 were advertised for bids on March 15, 2009 and
bids were opened on April 16, 2009. A total of 12 bids were received. The lowest bid was submitted by
American Engineering and Development Corp. in the amount of $116,870.00 (see attached bid
tabulation exhibit "B").
The project budget will be established as follows:
Construction contract $116,870.00
Contingencies $ 12,000.00
Soils & Materials Testing $ 5,000.00
Total project budget $133,870.00
Previous Action
November 8, 2000 — BOCC approval of contract with Hazen & Sawyer in the amount of $17,100 for
evaluation of the FPFWCD canal system improvements to increase discharge from Lakewood Park.
November 24, 2003 — BOCC Workshop to approve Lakewood Park stormwater plan.
July 27, 2004 — BOCC approval of Work Authorization #9 with Hazen & Sawyer for a Lake
Enhancement Strategy Plan in the amount of $21,500.
March 1, 2005 — BOCC approval of Work Authorization #16 with Hazen & Sawyer for design of
Lakewood ark Phase 1 Improvements in the amount of $149,190.
February 13, 2007 — BOCC approval of grant contract with South Florida Water Management District in
the amount of $250,000 for Phase 1 construction.
September 23, 2008 — BOCC approval of Amendment #1 for grant contract time extension.
Recommendation
Board award construction contract with American Engineering and Development Corp. in the amount of
$1 16,870.00 for Lakewood Park Phase 1 canal control structures, and authorization for the Chair to sign
contract documents as approved by the County Attorney.
Exhibit "A"
#t
Exhibit "B"
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TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
AGENDA REQUEST
INVESTMENT FOR THE
FUTURE
BOARD OF COUNTY COMMISSIONERS
Central Services
ITEM NO. VI-G
DATE: 04/28/09
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( x )
PRESENTED BY:
Don McLam
Assistant Director
Award of Bid No. 09-015, waterproofing of various St. Lucie County buildings.
"See attached memorandum"
FUNDS AVAILABLE: 001-1931-546200-1526 (Maintenance Improvement Projects-Admin. Complex)
001-1931-546200-7505 (Maintenance Improvement Projects-Morningside Branch
Library)
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approve award of Bid No. 09-015 to the lowest responsive bidder, Golden
Brush, Inc. at $142,575, and authorize the Chair to sign the contract as prepared
by the County Attorney.
COMMISSION ACTION:
(A APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
County Attorney ( x)
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Dan McIntyre
Originating Dept. ( x ) (;�o
Roger A. Shinn
(x)fo*� �4�a-
Marie Gouin
Robert O'Sullivan
ERD ( )
(Name)
Central Services
MEMORANDUM
TO: Board of County Commi Hers
THROUGH: Roger A. Shinn, Direct
FROM: Don McLam, Assistant DirectcnA��
Central Services
DATE: April 28, 2009
SUBJECT: Award of Bid No. 09-015, waterproofing of various St. Lucie County buildings.
ITEM NO. VI-G
Background:
On December 14, 2008, an Invitation to Bid (ITB) for Bid No. 09-015, waterproofing of various St. Lucie
County buildings, was issued. The scope of work includes pressure cleaning, preparation and
waterproofing the exterior of the Roger Poitras Administration Annex, Administration Building and the
Morningside Branch Library. Notices were sent to 482 companies, 58 bid documents were distributed
and 8 bids were received. Bids were due January 28, 2009. Golden Brush, Inc. (Tarpon Springs) is the
lowest bidder at $142,125.00, John W. Wilson (Ft. Pierce) is the second lowest bidder at $144,050.00
and Atlantic Painting (Boyton Beach) is the third lowest bidder at $183,100.00. Please see attachment
for a summary of bids.
Previous Action:
N/A
Recommendation:
Board approve award of Bid No. 09-015 to the lowest responsive bidder, Golden Brush, Inc. at
$142,575, and authorize the Chair to sign the contract as prepared by the County Attorney.
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01
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C
ITEM NO. VI-H1
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Grants/Disaster Recovery
SUBJECT: Sea turtle education materials, grant.
BACKGROUND: See attached memorandum.
DATE: 04/28/09
REGULAR
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
PRESENTED BY:
Roberta Breene 104-6
Grants Resource Developer
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: December 2, 2008, BOCC approval of grant application
RECOMMENDATION: Board approval to accept a funding award in the amount of $3,900 from the
Caribbean Conservation Corporation for assistance in sea turtle education
materials.
COMMISSION ACTION:
( APPROVED ( ) DENIED
( ) OTHER Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney (X) OMB Director (X)
Budget Analyst
Daniel McIntyre
Originating Dept. (X) UF/IFAS (X)
illiam Hoeffner
JMvrirexouin
Tawonna Johnson
kAnit—aNeal
Grants/Disaster Recovery
MEMORANDUM
TO: Board of County Commissioners
THROUGH: William Hoeffner49"_
FROM: Roberta Breene 246
Grants/Disaster Recovery
DATE: 04/28/09
SUBJECT: Sea turtle education materials, grant
ITEM NO. VI-1-11
Background:
Funded by a portion of revenues from Florida's Sea Turtle Specialty License Plate, the Sea Turtle
Grants Program supports sea turtle research as well as conservation and education programs to benefit
Florida sea turtles.
During 2006-2008, University of Florida Extension Agents, serving St Lucie and Indian River Counties,
the Sea Turtle Friendly Practices educational campaign. This campaign was financed through a Sea
Turtle Tag Grant, and involved development of educational displays, publications and highway
billboards.
The current funding assistance will be used to continue the existing program through the use of:
• reprinted color copies of the Turtle Tracks and Turtle Friendly Beaches brochures;
• table top displays to be made available to environmental education providers in Martin, St. Lucie
and Indian River Counties;
• development of a new highway billboard featuring Sea Turtle Friendly Beaches.
Recommendation
Board approval to accept a funding award in the amount of $3,900 from the Caribbean Conservation
Corporation for assistance in sea turtle education materials.
ITEM NO. VI-H2
DATE: 04/28/09
AGENDA REQUEST - REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT
(X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Roberta Breene
SUBMITTED BY: Grants/Disaster Recovery Grants Resource Developer
SUBJECT: Modification of pending Florida Department of Transportation (FDOT) County
Incentive Grant Program (CIGP).
BACKGROUND: See attached memorandum,
FUNDS AVAILABLE: Account No. 318-4113-563000-4123, Infrastructure
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval to request a modification of a pending Florida Department of
Transportation (FDOT) County Incentive Grant Program (CIGP) application to
move $1,317,948 in CIGP funding and $817,948 in County matching funds from
the Kings Highway and Orange Avenue intersection to the Kings Highway and
Indrio Road intersection.
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 McIntyre
Originating Dept. (X) 410flz Public Works
.William Hoeffner
(X)
Marie Gouin
Robert O'Sullivan
(x) W
Don West.
Grants/Disaster Recovery
MEMORANDUM
TO: Board of County Commissioners
THROUGH: William Hoeffner 40
FROM: Roberta Breene /2A�z
Grants/Disaster Recovery
DATE: 04/28/09
SUBJECT: Modification of pending grant application to move funds from the Kings Highway and
Orange Avenue intersection to the Kings Highway and Indrio Road intersection.
ITEM NO. VI-H2
Background:
A pending Florida Department of Transportation (FDOT) County Incentive Grant Program (CIGP)
award of $2,000,000 for construction of the Kings Highway and Orange Avenue (Kings and Orange)
intersection included a requirement that we let the construction contract before the end of the
current FDOT fiscal year (June 2009). This cannot be done for two reasons: (1) 100% design plans
are not due until April and are then subject to FDOT review, making it impossible to let the project
by June, 2009; and (2) we cannot let the construction contract, because the intersection
construction project is not fully funded.
FDOT is unwilling to extend the time requirement for letting the construction project on Kings and
Orange. We have been working with FDOT to find a solution that allows us to retain as much of the
CIGP funding as possible. FDOT is willing to consider allowing us to move $1,317,948 of the
$2,000,000 Kings and Orange CIGP funds to the Kings Highway and Indrio Road (Kings and Indrio)
Right -of -Way (ROW) acquisition project. FDOT has requested that we submit a modified application
that would also then require us to have $1,317,948 available in local match to add to the Kings and
Indrio project. The proposed $1,317,948 match would be comprised of $817,948 of designated
Kings and Orange bond monies and $500,000 of designated Kings and Indrio bond monies.
A Florida Department of Transportation Department (FDOT) estimate indicates that the Kings and
Indrio ROW acquisition is expected to cost $7,635,896. Separately, but related, we also have a
previously -awarded FDOT Transportation Regional Incentive Program (TRIP) grant for $2,500,000
for ROW acquisition at Kings and Indrio. This TRIP grant uses as match $2,500,000 of the
$3,500,000 in available Bond funds for the Indrio intersection. The source of the 50% match for the
Kings and Indrio right-of-way project follows:
CIGP Local Match: $ 817,948 (moved from designated Transportation Bond funds for
Orange intersection
(Account No. 318-4113-563000-4123, Infrastructure)
$ 500,000 (in designated Transportation Bond funds for Indrio
intersection)
1,317,948 (Account No. 318-4113-563000-44001, Infrastructure)
TRIP Local Match: $2,500,000 (in designated Transportation Bond funds for Indrio
intersection
(Account No. 318-4113-563000-44001, Infrastructure)
Total Local Match: $3,817,948 (50% of Indrio Right -of Way acquisition project)
Previous Action
June 24, 2007 - Board approval of grant application to the Florida Department of Transportation
(FDOT), County Incentive Grant Program in the amount of $2,500,000 to be used
for construction of the intersection of Kings Highway and Orange Avenue. We
have tentatively been awarded $2,000,000.
November 6, 2007 - Board approval of grant application to the Florida Department of Transportation
(FDOT), Transportation Regional Incentive Program (TRIP) in the amount of
$2,500,000 to be used for construction of the intersection of Kings Highway and
Indrio Road. We have been awarded these funds.
September 2, 2008 - Board approval of grant application to the Florida Department of Transportation
(FDOT), Transportation Regional Incentive program (TRIP) in the amount of
$2,500,000 to be used for construction of the intersection of Kings Highway and
Orange Avenue. We withdrew this application for lack of matching funds.
January 6, 2009 - Board approval to: (1) change a pending grant agreement to move $2,000,000 in
anticipated FDOT County Incentive Grant Program (CIGP) funds from the Kings
Highway and Orange Avenue intersection to the Kings Highway and Indrio Road
intersection; and (2) move $500,000 from the Transportation Bond funds
designated for Kings Highway and Orange Avenue to the Transportation Bond
funds designated for Kings Highway and Indrio Road.
Recommendation
Board approval to request a modification of a pending Florida Department of Transportation (FDOT)
County Incentive Grant Program (CIGP) application to move $1,317,948 in CIGP funding and $817,948
in County matching funds from the Kings Highway and Orange Avenue intersection to the Kings
Highway and Indrio Road intersection.
ITEM NO. VI-1-113
AGENDA REQUEST
DATE: 04/28/09
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT
(X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Q
Roberta Breene
SUBMITTED BY: Grants/Disaster Recovery Grants Resource Developer
SUBJECT: SR713/Kings Highway and SR614/Indrio Road intersection improvements,
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: Account No. 318-4113-563000-4123, Infrastructure,
PREVIOUS ACTION: See attached memorandum,
RECOMMENDATION: Board approval to accept a: (1) Transportation Regional Incentive Program (TRIP)
and County Incentive Grant Program (CIGP) Locally Funded Agreement with the
Florida Department of Transportation (FDOT); (2) Memorandum of Agreement;
and (3) Resolution 09-138 authorizing the execution of the agreement. Each is
relative to right-of-way acquisition of parcels for an improvement project at the
intersection of SR713/Kings Highway and SR614/Indrio Road.
COMMISSION ACTION: CONCURRENCE:
(� APPROVED ( ) DENIED
( ) OTHER Approved 5-0 —�
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney W
Daniel McIntyre
Originating Dept. (X)
,William Hoeffner
OMB Director W
Budget Analyst
Marie Gouin
Robert O'Sullivan
Public Works (X) _ W
Don West
Grants/Disaster Recovery
A114LIM61INVA IXIIJ J
TO: Board of County Commissioners
THROUGH: William Hoeffnerliw
FROM: Roberta Breene AW
Grants/Disaster Recovery
DATE: 04/28/09
SUBJECT: SR713/Kings Highway and SR614/Indrio Road intersection improvements
ITEM NO. VI-H3
Background:
A Florida Department of Transportation Department (FDOT) estimate indicates that the Kings Highway
and Indrio Road intersection improvement project for right-of-way acquisition is expected to cost
$7, 635, 896.
The attached subject Agreement, Memorandum of Understanding and Resolution (Attachment 1)
indicate that FDOT will perform certain right -of way acquisition work on behalf of the County in
conjunction with the project and that an interest -bearing escrow account will be established to provide
funds for the work performed on the project by FDOT on behalf of the County. The County will make an
initial deposit of $3,817,948 into this account, with the funds derived as follows:
CIGP Local Match: $ 817,948 (moved from designated Transportation Bond funds for Orange
intersection)
(Account No. 318-4113-563000-4123, Infrastructure)
$ 500,000 (in designated Transportation Bond funds for Indrio
intersection)
$1,317,948 (Account No. 318-4113-563000-44001, Infrastructure)
TRIP Local Match: $2,500,000 (in designated Transportation Bond funds for Indrio
intersection
(Account No. 318-4113-563000-44001, Infrastructure)
Total Local Match: $3,817,948 (50% of Indrio Right -of Way acquisition project)
Previous Action
June 24, 2007 - Board approval of grant application to the Florida Department of Transportation
(FDOT), County Incentive Grant Program in the amount of $2,500,000 to be used
for construction of the intersection of Kings Highway and Orange Avenue. We
have tentatively been awarded $2,000,000.
November 6, 2007 - Board approval of grant application to the Florida Department of Transportation
(FDOT), Transportation Regional Incentive Program (TRIP) in the amount of
$2,500,000 to be used for construction of the intersection of Kings Highway and
Indrio Road. We have been awarded these funds.
September 2, 2008 - Board approval of grant application to the Florida Department of Transportation
(FDOT), Transportation Regional Incentive program (TRIP) in the amount of
$2,500,000 to be used for construction of the intersection of Kings Highway and
Orange Avenue. We withdrew this application for lack of matching funds.
January 6, 2009 - Board approval to: (1) change a pending grant agreement to move $2,000,000 in
anticipated FDOT County Incentive Grant Program (CIGP) funds from the Kings
Highway and Orange Avenue intersection to the Kings Highway and Indrio Road
intersection; and (2) move $500,000 from the Transportation Bond funds
designated for Kings Highway and Orange Avenue to the Transportation Bond
funds designated for Kings Highway and Indrio Road.
April 28, 2009 - Anticipated Board approval to modify a pending grant application to move funds
from the Kings Highway and Orange Avenue intersection to the Kings Highway
and Indrio Road intersection.
Recommendation
Board approval to accept a: (1) Transportation Regional Incentive Program (TRIP) and County Incentive
Grant Program (CIGP) Locally Funded Agreement with the Florida Department of Transportation
(FDOT); (2) Memorandum of Agreement; and (3) Resolution 09-138 authorizing the execution of the
agreement. Each is relative to right-of-way acquisition of parcels for an improvement project at the
intersection of SR713/Kings Highway and SR614/Indrio Road.
I It
Attachment 1
Financial Project No.: 424143-1-4B/41/42/43/45-01
COUNTY: ST. LUCIE COUNTY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRANSPORTATION REGIONAL INCENTIVE PROGRAM
AND
COUNTY INCENTIVE GRANT PROGRAM
LOCALLY FUNDED AGREEMENT
THIS Locally Funded Agreement ("Agreement"), entered into this day
of , 200 , by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"DEPARTMENT," and ST. LUCIE COUNTY, hereinafter referred to as the "COUNTY."
WITNESSETH
WHEREAS, the COUNTY is willing to provide the DEPARTMENT with financial assistance
under Financial Management (FM) No. 424143-1-4B/41/42/43/45-01 for the Right of Way
Acquisition of various parcels at the Intersection of SR-713/Kings Highway and
SR614/Indrio Road. Refer to Exhibit A, Scope of Services. attached hereto and made of part
hereof; and
WHEREAS, for the purposes of this Agreement, Right of Way Acquisition at the
Intersection of SR-713/Kings Highway and SR614/Indrio Road is hereinafter referred to as
the "PROJECT," in accordance with Fla. Stat. §339.2819 and §339.2817; and
WHEREAS, the DEPARTMENT has the authority, under Fla. Stat. §334.044, to enter into
this Agreement; and
WHEREAS, the Transportation Regional Incentive Program was created by Fla. Stat.
§339.2819 to provide funds to improve regionally significant transportation facilities in
"regional transportation areas" pursuant to Fla. Stat. §339.1.55 (5); and
WHEREAS, the County Incentive Grant Program has been created by Fla. Stat. §339.2817 to
provide grants to counties to improve a transportation facility which is located on the State
Highway System or which relieves traffic congestion on the State Highway System; and
WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility
requirements of Fla. Stat. §339.2819 and §339.2817; and
WHEREAS, the Treasure Coast Transportation Council, acting as a designated regional
partnership under Fla. Stat. §339.155 (5)(c) and formed by and interlocal agreement,
designated SR-713/Kings Highway as a regional facility; and
WHEREAS; the COUNTY by Resolution No. dated the day
of , 200 , a copy of which is attached hereto and made a
part hereof, has authorized the Chairman of its Board of Commissioners or designee to enter
into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. SERVICES AND PERFORMANCE
A) The PROJECT consists of Right of Way Acquisition of various parcels at the
Intersection of SR-713/Kings Highway and SR-614/Indrio Road.
B) The DEPARTMENT agrees to undertake the PROJECT in accordance with all
applicable federal, state and local statutes, rules and regulations, and standards.
C) The COUNTY agrees to make all previous studies, maps, drawings, surveys and other
data and information pertaining to the Project available to the DEPARTMENT at no
extra cost.
D) The DEPARTMENT shall have the sole responsibility for resolving claims and
requests for additional work for the Project. The DEPARTMENT will make
reasonable efforts to obtain the COUNTY input in its decisions.
E) The DEPARTMENT agrees to provide schedule progress reports to the COUNTY in
the standard format used by the DEPARTMENT and at intervals established by the
DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its
request, as to the status of work being done by the DEPARTMENT and the details
thereof. Either party to the Agreement may request and be granted a conference.
F) - All tracings, plans, specifications, maps, and/or reports prepared or obtained under this
Agreement shall become the property of the DEPARTMENT without restriction of
limitation on their use.
G) All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
TO COUNTY:
Florida Department of Transportation
St. Lucie County -
Department of Public Works
3400 West Commercial Blvd.
2300 Virginia Avenue
Fort Lauderdale, FL 33309-3421
Ft. Pierce, FL 34982
Attn: Yani ue Hopkins
Attn: Lori Rock
With a co to: Van Neill
With a copy to: County Attorney
2. TERM
A) Except as otherwise set forth herein, the term of this Agreement commences upon its
execution by both parties and shall continue in effect and be binding to both the
COUNTY and the DEPARTMENT until the PROJECT is completed as evidenced by
the written acceptance of the DEPARTMENT or June 30, 2012, whichever occurs
first.
B) This Agreement shall not be renewed. Any extension shall be in writing and executed
by both parties, and shall be subject to the same terms and conditions as set forth in this
Agreement and contingent upon the DEPARTMENT'S Director of Transportation
Development or Designee's approval.
3. COMPENSATION AND PAYMENT
A) The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT FM#
424143-1-4B/41/42/43/45-01. The COUNTY agrees to provide one-half (1/2) of the
cost for PROJECT expenditures and the DEPARTMENT agrees to provide the other
one-half (1/2) pursuant to Fla. Stat. §339.2819 and §339.2817.
B) The estimated total cost as set forth in the DEPARTMENT'S adopted work program
for this PROJECT is SEVEN MILLION SIX HUNDRED THIRTY FIVE
THOUSAND EIGHT HUNDRED NINETY SIX DOLLARS ($7,635,896.00). The
estimated DEPARTMENT share for one-half (1/2) of the PROJECT cost is THREE
MILLION EIGHT HUNDRED SEVENTEEN THOUSAND NINE HUNDRED
FORTY EIGHT DOLLARS ($3,817,948.00), which is comprised of TWO
MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) of
Transportation Regional Incentive Program (TRIP) funding and ONE MILLION
THREE HUNDRED SEVENTEEN THOUSAND NINE HUNDRED FORTY
EIGHTY DOLLARS ($1,317,948.00) of County Incentive Grant Program (CIGP)
funding. The estimated COUNTY share for one-half (1/2) of the PROJECT cost is
THREE MILLION EIGHT HUNDRED SEVENTEEN THOUSAND NINE
HUNDRED FORTY EIGHT DOLLARS ($3,817,948.00) for actual costs incurred
during the PROJECT. In the event actual cost of the Project is less than the
COUNTY'S share of THREE MILLION EIGHT HUNDRED SEVENTEEN
THOUSAND NINE HUNDRED FORTY EIGHT DOLLARS ($3,817,948.00) the
difference shall be refunded to the PARTICIPANT. In the event the actual cost of the
Project exceeds the COUNTY'S share of THREE MILLION EIGHT HUNDRED
SEVENTEEN THOUSAND NINE HUNDRED FORTY EIGHT DOLLARS
($3,817,948.00), any cost overruns or cost increases shall be the sole responsibility of
the DEPARTMENT.
The COUNTY agrees that it will within thirty (30) days of execution of this AGREEMENT
or no later than June 15a', 2009, which occurs first, furnish the DEPARTMENT with a
check in the amount of THREE MILLION EIGHT HUNDRED SEVENTEEN
THOUSAND NINE HUNDRED FORTY EIGHT DOLLARS ($3,817,948.00)
towards the Project Costs.
Remittance shall be made payable to the Department of Financial Services, Revenue
Processing. Payment shall be clearly marked to indicate that it is to be applied to FM
Project No.: 424143-1-4B/41/42/43/45-01. The DEPARTMENT shall utilize this
amount towards costs of project 424143-1-4B/41/42/43/45-01.
The funding breakdown is as follows:
FM# 424143-1-
RMWT (lR TxIAV DUAcr7 ler7UXfTi-U0\
4B
41
42
43
45
TOTS,
(Appraisal)(In-House)—(Consultant)
(Acquisition)
(Relocation)
County's Share
(Local Funding)
$912,500.00
$366,000.00
$944,748.00
$1,304,700.00
$290,000.00
$3,817,948.00
Department's Share
(TRIP funding)
N/A
N/A
N/A
$2,500,000.00
N/A
$3,817,948.00
(CIGP funding)
N/A
N/A
N/A
$1,317,948.00
N/A
TOTAL
$912,500.00
$366,000.00
$944,748.00
$5,122,648.00
$290,000.00
$7,635,896.00
C) The DEPARTMENT'S obligation to pay any sum pursuant to this Agreement is
contingent upon an annual appropriation by the Florida Legislature.
D) In the event PROJECT modifications increase or exceed the amount authorized in
paragraph 3(B), the DEPARTMENT and the COUNTY shall meet and attempt to
mutually agree to the. amount and distribution of the additional funding needed to fund
the completion of the .PROJECT. Any funding increase as a result of modifications to
the PROJECT shall be added by means of an Amendment to the Agreement to be signed
by both parties before work is undertaken. However, in the event the COUNTY and the
DEPARTMENT fail to negotiate an Amendment for any reason whatsoever, the
PROJECT shall not include such modifications.
E) The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred and
sixty days (360) of final payment to the Consultant. The DEPARTMENT considers the
project complete when the final payment has been made to the Consultant, not when the
Environmental Study is complete. All project cost records and accounts shall be subject
to audit by a representative of the COUNTY for a period of three (3) years after final
close out of the project. The COUNTY will be notified of the final cost. Both parties
agree that in the event the final accounting of total project costs pursuant to the terms of
this Agreement is less than the total deposits to date, a refund of the excess will be made
by the DEPARTMENT to the COUNTY. If the final accounting is not performed
within three hundred and sixty (360) days, the COUNTY is not relieved from its
obligation to pay.
F) The payment of funds under this Locally Funded Agreement will be made directly to the
Department of Financial Services, Division of Treasury for deposit as provided in the
attached Memorandum of Agreement (MOA) between the COUNTY, the
DEPARTMENT and the State of Florida, Department of Financial Services, Division
of Treasury, a copy of which is attached hereto as Exhibit "B".
G) Should the DEPARTMENT and the COUNTY decide to proceed with subsequent
phases of the Project, the AGREEMENT may be amended to identify the respective
responsibilities and the financial arrangements between the parties.
4. ROADWAY LEVEL OF SERVICE
A) Fla. Stat. §163.3180 requires that facilities funded through the Transportation Regional
Incentive Program adopt the level of service standards established by the
DEPARTMENT for the PROJECT limits.
B) The logical termini for level of service purposes are SR-713/Kings Highway are
SR713/SR-614 to Winter Garden Parkway.
C) The COUNTY agrees that once the additional capacity from the PROJECT is available
for purposes of concurrency under Fla. Stat. §163.3180, it will officially adopt the
DEPARTMENT'S level of service for the segment of SR-713/Kings Highway
between the logical termini specified in (B), above. This will be accomplished through
an update to the comprehensive plan within one year of the completion of the
PROJECT.
5. INDEMNITY AND INSURANCE
A) INDEMNITY
i) With respect to any of the COUNTY'S agents, consultants, subconsultants,
contractors, and/or sub -contractors, such party in any contract for this Project shall
agree to indemnify, defend, save and hold harmless the DEPARTMENT from all
claims, demands, liabilities, and suits of any nature arising out of, because of or due
to any intentional and/or negligent act or occurrence, omission or commission of
such agents, consultants, subconsultants, contractors and/or subcontractors. The
COUNTY shall provide to the DEPARTMENT written evidence of the foregoing
upon the request of the DEPARTMENT. It is specifically understood and agreed
that this indemnification clause does not cover or indemnify the DEPARTMENT
for its own negligence.
ii) When either party receives notice of claim for damages that may have been caused
by the other party in the performance of services required under this Agreement, that
party will immediately forward the claim to the other party. Each party will
evaluate the claim, and report its findings to each other within fourteen (14) working
days and jointly discuss options in defending the claim. A party's failure to promptly
notify the other of a claim will not act as a waiver or any right herein.
6. MISCELLANEOUS
A) This AGREEMENT and any interest herein shall not be assigned, transferred or
otherwise encumbered by the COUNTY under any circumstances without the prior
written consent of the DEPARTMENT. However, this AGREEMENT shall run to the
DEPARTMENT and its successors.
B) The DEPARTMENT will comply with all federal, state, and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, or national origin in the performance of work under
this Agreement.
C) No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
D) This AGREEMENT is governed by and construed in accordance with the laws of the
State of Florida. Venue with respect to judicial proceedings arising out of this
Agreement shall be in Broward County, Florida.
E) This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representation or agreements whether oral or written. It is further agreed
that no modification, amendment, or alteration in the terms and conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
*************************
IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its
behalf, by the Chairman/Councilman of ST. LUCIE COUNTY or its designee, as authorized
by Resolution No. ,and the FLORIDA
DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its
behalf through its District Secretary or authorized designee:
ST. LUCIE COUNTY
BY:
NAME:
TITLE:
ATTEST:
BY:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
GERRY O' REILLY
DIRECTOR OF TRANSPORTATION DEVELOPMENT
APPROVED: (AS TO FORM)
BY:
COUNTY CLERK (SEAL) DISTRICT GENERAL COUNSEL
APPROVED: APPROVED:
BY: BY:
COUNTY ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR
EXHIBIT "A"
SCOPE OF SERVICES
Pursuant to F.S. 336.467 the COUNTY has authority to contract with the DEPARTMENT for
the purpose of allowing the DEPARTMENT to acquire rights of way for the COUNTY. The
DEPARTMENT and the COUNTY mutually agree that it is in their best interests to undertake
the roadway widening of SR-713/Kings Highway & SR614/Indrio Road. The COUNTY has
requested the DEPARTMENT to undertake the right of way acquisition for SR-713/Kings
Highway and SR-614/lndrio Road as described above, hereinafter called the widening Project.
OBLIGATIONS OF THE PARTIES:
I. The DEPARTMENT will acquire, in the name of the DEPARTMENT, the necessary
rights of way with respect to the roadway widening Project for the COUNTY.
II. The DEPARTMENT will complete the Project components to be accomplished
through this Agreement which includes all associated right of way phases.
(Financial Management No. 424143-1-4B/41/42/43/45-01)
Exhibit "B"
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made .and entered into this , day of ,
200, by and between the State of Florida, Department of Transportation, hereinafter
referred to as "DEPARTMENT" and the State of Florida, Department of Financial Services,
Division of Treasury and ST. LUCIE COUNTY hereinafter referred to as the " COUNTY ".
WITNESSETH
WHEREAS, " DEPARTMENT " is currently constructing the following project:
Financial Project Number: 424143-1-4B/41/42/43/45-01
County: ST. LUCIE COUNTY
hereinafter referred to as the "Project".
WHEREAS, FDOT and the COUNTY entered into a Transportation
Incentive Program (TRIP) Locally Funded Agreement (LFA) dated
, wherein the DEPARTMENT agreed to perform certain
behalf of the COUNTY in conjunction with the Project.
Regional
work on
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the
best interest of the DEPARTMENT and the COUNTY to establish an interest bearing
escrow account to provide funds for the work performed on the Project on behalf of the
COUNTY by the DEPARTMENT.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. The DEPARTMENT and the COUNTY agree that the recitals set forth above
are true and correct and deemed incorporated herein.
2. An initial deposit in the amount of THREE MILLION EIGHT HUNDRED
SEVENTEEN THOUSAND NINE HUNDRED FORTY EIGHT DOLLARS
($3,817,948.00) will be made by the COUNTY into an interest bearing
escrow account established by the DEPARTMENT for the purposes of the
Project. Said escrow account will be opened with the Department of Financial
Services, Division of Treasury, Bureau of Collateral Management on behalf of
the DEPARTMENT upon receipt of this Memorandum of Agreement. Such
account will be an asset of the DEPARTMENT.
3. Other deposits will be made only by the COUNTY as necessary to cover the
cost of additional work prior to the execution of any Supplemental
Agreements.
4. All deposits shall be made payable to the Department of Financial
Services, Revenue Processing and mailed to the DEPARTMENT's District
Four Office. The District Four Office will then forward the check, along with
required documentation to the DEPARTMENT's Central Office for appropriate
processing at the following address:
Florida Department of Transportation
Office of Comptroller, LFA Section
605 Suwannee Street
Mail Station. #42B
Tallahassee, Florida 32399
5. The DEPARTMENT's Comptroller and/or her designees shall be the sole
signatories on the escrow account with the Department of Financial Services
and shall have sole authority to authorize withdrawals from said account.
6. Unless instructed otherwise by the parties hereto, all interest accumulated in
the escrow account shall remain in the account for the purposes of the
project as set forth in the LFA.
7. The Department of Financial Services agrees to provide written confirmation
of receipt of funds to the DEPARTMENT.
8. .The Department of Financial Services further agrees to provide periodic
reports to the DEPARTMENT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
ST. LUCIE COUNTY
COUNTY SIGNATURE
%Ua
COUNTY NAME &TITLE
2300 Virginia Avenue
Fort Pierce, FL 34982
COUNTY ADDRESS
F-596-���-835
FEDERAL EMPLOYER I.D. NUMBER
Transportation Regional Incentive Program
(TRIP) and County Incentive Program (CIGP)
Locally Funded Agreement
FM# 424143-1-4B/41/42/42/45-01
Resolution 09-138
A RESOLUTION BY ST. LUCIE COUNTY, FLORIDA, TO ENTER INTO A LOCALLY FUNDED
AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION.
WHEREAS, the intersection of Kings Highway and Indrio Road is in need of improvements.
WHEREAS, St. Lucie County is willing to provide the Florida Department of Transportation with financial
assistance for the Right -of -Way Acquisition of various parcels at the intersection of SR-713/Kings
Highway and SR614/Indrio Road to enable those improvements.
WHEREAS, St. Lucie County wishes to enter into a Locally Funded Agreement and a Memorandum of
Agreement between St. Lucie County and the Florida Department of Transportation.
NOW, THEREFORE BE IT RESOLVED BY THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS:
Section 1. The Board of County Commissioners supports the Right -of -Way Acquisition of various parcels
to enable improvements at the intersection of SR-713/Kings Highway and SR614/Indrio Road.
Section 2. St. Lucie County is willing to provide the Florida Department of Transportation with financial
assistance for the Right -of -Way Acquisition of various parcels at the intersection of SR-713/Kings
Highway and SR614/Indrio Road to enable those improvements.
Section 2. The Board of County Commissioners authorizes the Chairman to enter into Locally
Funded Agreement FM# 424143-1-4B/41/42/42/45-01 and a Memorandum of Agreement between
St. Lucie County and the Florida Department of Transportation.
INTRODUCED, PASSED AND ADOPTED THIS 28 DAY OF April, 2009.
Am
Chair, St. Lucie County Board of County Commissioners
ATTEST: APPROVAL AS TO FORM:
City Clerk Attorney: St. Lucie County Board of County Commissioners
N
F
o
L
uNTY
O
IMP
R
I D A
AGENDA REQUEST
ITEM NO. VI 1-1
DATE: 04/28/2009
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Corine Williams
SUBMITTED BY: Community Services/Transit Division Transit Manager
SUBJECT: Trip and Equipment Grant 2009-2010.
BACKGROUND: The Florida Commission for the Transportation Disadvantaged (FCTD)
annually allocates funds to each Community Transportation Coordinator
(CTC) for transportation disadvantaged trips. The total allocation for St. Lucie
County for FY 09/10 is $334,735, which will be matched with local funds of
$37,174 from the Public Transit Municipal Service Taxing Unit.
FUNDS AVAILABLE: Trip and Equipment grant FY 09/10 -Pending Board approval.
PREVIOUS ACTION: N/A.
RECOMMENDATION: Board authorization to apply for the FY 09/10 FCTD Trip and Equipment
Grant, approval of Resolution No. 09 - 139 and authorization for the Chair to
sign documents as approved by the County Attorney.
COMMISSION ACTION:
CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER -5
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
Budget Analyst I/
Daniel S. Mclntyre/� n 'IaMarie Gouin
k
Sophia Holt
Originating Dept. ( ) ` "�`" 14�
Beth Ryder
ERD ( )
(Name)
Memorandum 09-201 FCTD Trip and Equipment 2009
c6UNTY
F
LORI
D A A
Community Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Beth Ryder, Directorog—
FROM: Corine Williams, Transit Manager fG�
DATE: 04/28/09
SUBJECT: Trip and Equipment Grant 2009-2010.
ITEM NO. VI- 11
Back -round:
The Transportation Disadvantaged funds were approved by the Florida legislature to assist
the transportation disadvantaged community. The funds are generated through fees on a
new and renewed vehicle license tag registration.
St. Lucie County is the Community Transportation Coordinator (CTC) for the Florida
Commission for the Transportation Disadvantaged (CTD). Annually, CTD allocates
funds to each CTC for transportation disadvantaged trips. The funding allocation for FY
09/10 is $334,735, which will be matched with local funds of $37,174 from the Public Transit
Municipal Service Taxing Unit. This grant is used to purchase trips for the transportation
disadvantaged through a sub grant agreement with Council on Aging of St. Lucie County
Inc./Community Transit, transit provider.
Recommendation
Board authorization to apply for the FY 09/10 FCTD Trip and Equipment Grant, approval of
Resolution No. 09-139 and authorization for the Chair to sign documents as approved by
the County Attorney.
Memorandum 09-201 FCTD Trip and Equipment 2009
Commission for the Transportation Disadvantaged
Grants Program Distribution FY 2009/2010
03/23/09
County
Trip/Equip
FM #
FY2009-2010
TRIP/EQUIP
FUNDS
FY2009-2010
LOCAL
TRIP/EQUIP
MATCH
FY2009-2010
TOTAL
EST. PROJECT
COST
FY07/08
VOLUNTARY
DOLLARS
Putnam
21753718401
$262694
1 $29,188
$291,882
$65
Saint Johns
21754118401
$263,275
$29,253
$292,527
$499
Saint Lucie
23705219401
$334562
$35,174
$371 735
$173
Santa Rosa
22711818401
$287,809
$31,979
$319,788
$53
Sarasota
20729318401
$491,741
$54,638
$546,379
$1,375
Seminole
24853118401
$480,368
$53,374
$533 743
$847
Sumter
24853718401
$189 590
$21 066
$210,655
$55
Suwannee
21754418401
$200 689
$22 299
$222 988
$4
Taylor
21754818401
$210,610
$23 401
$234 012
$2
Union
21755218401
$71 806
$7,978
$79,784
$1
Volusia
24854118401
$752,086
$83 565
$835 651
$1,007
Wakulla
22712218401
$136,640
$15,182
$151,822
$10
Walton
22712518401
$272 644
$30 294
$302 937
$28
Washington
22712818401
$160,915
$17,879
$178,794
$5
TOTALS
$34,692,304
$3,854,700
$38,547,004
$32,276
RESOLUTION NO. 09439
A RESOLUTION AUTHORIZING THE FILING OF A TRIP AND
EQUIPMENT GRANT APPLICATION WITH THE FLORIDA
COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
AND DESIGNATING THE COMMUNITY SERVICES DIRECTOR
SERVING AS THE COMMUNITY TRANSPORTATION
COORDINATOR FOR ST. LUCIE COUNTY.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. This Board is authorized to submit an application for the Transportation
Disadvantaged Trust Fund/ Trip and Equipment Grant Application to the Florida Commission forthe
Transportation Disadvantaged for Fiscal Year 2009 -10.
2. This Board is authorized to undertake transportation disadvantaged service program
pursuant to Section 427.0159, Florida Statutes, and Rule 41 2, Florida Administrative Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA:
1. This Board hereby authorizes the submission of a Transportation Disadvantaged Trip
and Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged
for Fiscal Year 2009-10 in the amount of Three Hundred Thirty Four Thousand Five Hundred and
Sixty Two dollars and 00/100 dollars ($334,562) in Transportation Disadvantaged Trust Fund/Trip
and Equipment monies and Thirty Seven Thousand One Hundred and Seventy Four and 00/100
dollars ($37,174) as local monies, a copy of which is attached hereto as Exhibit "A".
2. This Board authorizes the Chairman of the Board of County Commissioners to
execute the application and any subsequent award agreement on behalf of the Board.
3. This Board further designates the Community Services Director serving as the
Community Transportation Coordinator (CTC) to execute any and all subsequent documents
necessary including agreements, assurances, reimbursement invoices, warranties and other
documents which may be required in connection with the Transportation Disadvantaged Trip and
Equipment Grant.
4. This resolution shall become effective on adoption.
After motion and second, the vote on this resolution was as follows:
Chair Paula A. Lewis XXX
Vice Chair Charles Grande XXX
Commissioner Chris Craft XXX
Commissioner Doug Coward XXX
Commissioner Chris Dzadovsky XXX
PASSED AND DULY ADOPTED this 28th day of April 2009.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
IN
COUNTY
E
LORI
D A
AGENDA REQUEST
ITEM NO. VI-12
DATE: 04/28/09
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY -
Jessica Parrish
SUBMITTED BY: Community Services/Housing Housing Manag r
SUBJECT: Community Development Block Grant (CDBG) 2004 Disaster Recovery Grant
closeout.
BACKGROUND: Congress allocated funding, through the CDBG program to assist in recovery from
federally declared disasters which occurred between August 31, 2003 and October
1, 2004. Florida received $100,915,626 for affected communities of which St.
Lucie County received $3,000,000. The funding provided sewer connections in the
South 26"' Street area and housing rehabilitation and replacement in the
unincorporated areas of St. Lucie County.
FUNDS AVAILABLE: 001404-6420-334693-600 CDBG 2004 Disaster Recovery.
PREVIOUS ACTION: July 12, 2005 — Acceptance of the grant agreement.
RECOMMENDATION: Board approval to close out the CDBG 2004 Disaster Recovery Grant and
authorization for the Chair to sign documents as approved by the County Attorney.
COMMISSION ACTION:
CONCURRENCE:
APPROVED ( ) DENIED
OTHER
Faye W. Outlaw, MPA
approved 5-0 County Administrator
Coordination/Sionatures
County Attorney ( ) OMB Director ( )
n s Budget Analyst
H"K� yu�/ Daniel McIntyre Marie Gouin
Sophia Holt
Originating Dept. ( )
4/
Beth Ryder
ERD ( )
Memorandum 09-199
U
V7
COC.INTY
F
L
O R
I D A
TO: Board of County Commissioners
THROUGH: Beth Ryder, Directore�_
FROM: Jessica Parrish, Housing Manager
DATE: April 28, 2009
Community Services
MEMORANDUM
SUBJECT: Community Development Block Grant (CDBG) 2004 Disaster Recovery Grant closeout.
ITEM NO. VI-12
Backeround:
The CDBG Program is a federal program that provides funding for housing and community
development. Florida received $100,915,626 through the CDBG program for affected communities.
Congress allocated funding to assist in recovery from federally declared disasters which occurred
between August 31, 2003 and October 1, 2004, of which St. Lucie County received $3,000,000. The
funding provided sewer connections in the South 2e Street area and housing rehabilitation and
replacement in the unincorporated areas of St. Lucie County.
Each municipality in St. Lucie County also received an allocation of $3,000,000. The South 26°i Street
project was a collaborative between St. Lucie County and the City of Fort Pierce to provide sewer
connections to approximately 182 residents. St. Lucie County assisted seven residents of the
unincorporated areas with housing rehabilitation and ten residents with replacement housing. For
residents receiving replacement assistance, the cost of repairs required to bring the home up to local
codes exceeded 50% of the home's value.
Recommendation
Board approval to close out the CDBG 2004 Disaster Recovery Grant and authorization for the Chair to
sign documents as approved by the County Attorney.
Memorandum 09-199
APPLICANT/GRANTEE/RECIPIENT DISCLOSURE CERTIFICATION
06DB-3C-10-66-01-W32 — St. Lucie County
PART L APPLICANT/GRANTEE/RECIPIENT INFORMATION
Indicate whether this is an Initial Report _ or and Update Report
A. Applicant/Grantee Name, Address, and Telephone (include area code)
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
772-288-5300
B. Participating Party Name, Address, and Telephone (include area code) (for economic development component
onlv) N/A
C. Project Location Address — One (1) Service Areas and Various Housing Units within Unincorporated St. Lucie
South 26t' Street Area
Various Housing Units within Unincorporated St. Lucie County
D. Type of Assistance Requested/Provided
CDBG Disaster - $3,000,000
Amount of Assistance Requested/Provided
CDBG Disaster - $3,000,000
PART H. THRESHOLD DETERMINATION (Applicant/Grantee only)
Have you received, or can you reasonably expect to receive (including this CDBG contract), an aggregate amount of CDBG
funds in excess of $200,000 for this fiscal year Yes X No
If "yes", Parts III through V must also be completed.
All applicants must certify that the information provided is true by signing below.
St. Lucie County
Printed Name of Applicant/Grantee/Recipient Signature of Chief Elected Official
Paula Lewis, Chair
Date Printed Name and Title of Chief Elected Official
Applicant/Grantee/Recipient Disclosure Certification (continued)
PART III. OTHER GOVERNMENT ASSISTANCE
Federal Department/State/Local Amount
Agency Name & Address Program Type Requested/Provided
Florida Department of
Community Development
Disaster Grant
$3,000,000 — Requested
Community Affairs
Block Grant
$3,000,000 — Provided
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-
2100
PART IV. INTERESTED PARTIES
List of all persons with a Financial Interest
Reportable Financial Interest Type of Participation In Project ($ and %)
Nancy Phillips & Associates, L.C.
Grant Administration
$330,000.00 11%
Ardaman
Engineering — Type D Serv.
$15,616.00 .52%
Ric -Man International
Construction
$1,364,494.92 45.48%
Alton Silver Homes
Housing Replacement
$217,061.44 7.23%
SDZ Construction Company
Housing Rehab
$52,065.02 1.73%
E.O. Koch Construction Company
Housing Replacement/Rehab
$592,932.67 19.76%
Artison Builders
Housing Replacement
$122,150.00 .4.07%
Andros Roofing
Housing Rehab
$88,873.84 2.96%
Redmarq Construction
Housing Rehab
$24,945.00 .008%
PART V. SOURCES AND USES OF FUNDS
Source Use
CDBG Disaster Grant
$ 450,000.00 — Grant Administration
$ 15,616.00 — Engineering
$ 980,811.79 — Sewer Lines &Components
$ 389,612.96 — Flood and Drainage
$ 167,574.81— Housing Rehabilitation
$ 964,617.12 — Housing Replacement
I hereby certify that this information is true and correct.
Signature of Chief Elected Official Date
Paula Lewis, Chair
BOARD OF
COUNTY
COMMISSIONERS
December 1, 2008
Ms. Beth Ryder
St. Lucie County Community Services Director
437 North 7'h Street
Fort Pierce, Florida 34950
RE: CDBG Disaster Project Area - South 260' Street
Contract No.: 06DB-3C-10-66-01-W32
Dear Ms. Ryder:
PUBLIC WORKS
DEPARTMENT
Lk
its, rvice>�
As the Project Engineer for the above -referenced CDBG Disaster project, I would like to certify
that the following infrastructure improvements were completed:
• 4,966 LF of Gravity Sewer Lines,
• 2,764 LF of Flood and Drainage Improvements.
All of these improvements were funded through the above -referenced grant. To the best of my
knowledge, I certify that the quantities noted were taken either by me or my staff under my direct
supervision and are correct and accurate.
Should you have any further questions or require additional information, please do not hesitate to
contact me.
Sincerely,
Kyle Croce, P.E.
Project Engineer p'
cc: Nancy Phillips & Associates
CHRIS DZADOVSKY, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 - CHRIS CRAFT, District No. 5
2300 Virginia Avenue - Ft. Pierce, FL 34982
Public Works: (772) 462-1485 - FAX (772) 462-2362
Division of Engineering: (772) 462-1707 FAX 462-2362 • Division of Rood G Bridge: (772) 462-2511 FAX 462-2363
www.srlucieco.org
FLORIDA SMALL CITIES AND DISASTER RECOVERY CDBG CLOSEOUT (Revised 6.08)
Closeout forms must be submitted to the Department of Community Affairs, Florida Small Cities CDBG or Disaster Recovery
Program, within 45 days after the contract termination or expiration date. A Final Request for Funds should be submitted
prior to, or with, the closeout since funds not requested will be deobligated at closeout. Closeout requirements can be
found in Rule 96-43.0051 (11), F.A.C.
Instructions
All grant recipients must complete Section I. Section II applies to Commercial Revitalization or Neighborhood
Revitalization activities. Section III relates only to Commercial Revitalization or Economic Development activities. And,
Section IV relates to Housing activities. All grant recipients must complete the Beneficiary Data form and the Status of
Accomplishments and Expenditures form. The Closeout Approval form must be signed by the Chief Elected Official. Enter
the information requested or circle the response.
Section I. Contract Information
Contract Number:
06DB-3C-10-W01-W32
Recipient:
St. Lucie County
Beginning
Date: 08-18-05
Ending Date:
02-17-09
County in which recipient is
located: St. Lucie
Local Contact:
Beth Ryder
Phone Number:
772-462-1777
1. Indicate how the project was carried out (administration
and construction):
Grantee
Employees
Contractors
Both
2. Indicate how beneficiary data was collected:
Direct Benefit for Housing Activities Infrastructure — Census Tract 7 BG 1
Census
Survey
3. If location of activities changed, is a map included?
Yes
No
4. Is a Property Management Register included?
Yes
No
5. If an infrastructure project, is an engineering certification included?
Yes
No
6. Is the project located in a Historic District?
Yes
No
7. Is the project located in a Presidentially Declared Disaster Area?
Yes
No
8. Is the project a Special Assessment activity?
Yes
No
9. Is the project a Brownfield Activity?
Yes
No
10. Did the local government provide the assistance (to
the beneficiaries) in the form of a loan or a rant?
Grant
Deferred, forgiveable loan
Housing Activities Only
11. List all other funds along with the source used to support the activities funded with this rant:
Source
Amount
Local Funds (i.e., General Revenue)
$
Grant(s)
CDBG DRI — Fort Pierce
$946,929.79
Private Funds (i.e., Participating
Party, etc.
$
Loan(s)
$
Other (Specify)
MSBU
$29,355.00
12. Will the project result in program income? Program income not expended before closeout
must be returned to DC4. Make check payable to the Department of CommunityAffairs —
CVBG Pfogram and include it with the Closeout.
Yes
No
• If program income has already resulted indicate amount:
13. Has a final Request for Funds been submitted?
Yes
No
14. Does the local government have CDBG Funds on hand? cannot exceed $5, 000 If es:
No
Section II. Service, Benefit, Public Facility and Infrastructure
To be completed by Commercial Revitalization, Neighborhood Revitalization or Disaster Recovery grant recipients if public
services am offered or new or improved public facilities or infrastructure is provided
1. Service or Benefit (i.e., Water and Sewer Hookups)
2.
a. Number of persons with new access to this service or benefit
294
b. Number of persons with improved access to this service or benefit
i
294
c. Number of persons now receiving a service or benefit that is no longer substandard
294
3. Public Facility or Infrastructure Improvement (Water Tani, Treatment Plant, Street Paving)
4.
a. Number of persons with new access to this type of public facility or infrastructure improvement
b. Number of persons with improved access to this type if public facility or infrastructure
improvement
c. Number of persons served by public facility or infrastructure that is no longer substandard
Section III. Commercial Revitalization or Economic Development - NOT APPLICABLE
*Recipients of Commercial Revitalization grants should only respond totems with an asterisk (*). These items may also
pertain to Disaster grants
*Number of businesses assisted with commercial facade improvements
i
*Number of businesses assisted that provide goods or services to meet the needs of a particular service i
area neighborhood or community
*Number of businesses assisted
Number of unemployed prior to taking jobs created by this activity
Number of jobs with employer -sponsored health care benefits
Number of new businesses assisted I
Number of existing businesses assisted
Number of existing businesses expanding
Number of existing businesses relocating
Number of full-time positions created !
Number of full-time positions retained
j
Number of full-time low/mod positions created
Number of full-time low/mod positions retained
Number of part-time positions created
Number of hours per week
Number of part-time positions retained
I
Number of hours per week
Number of part-time low/mod positions created !
Number of hours per week
Number of part-time low/mod positions retained
Number of hours per week
Section III. Commercial Revitalization or Economic Development (Continued)
Indicate below the number of jobs created by type:
I Officials and Managers
Craft Workers skilled
Professional
s Operatives semi -skilled 1
Technicians
Laborers unskilled
Sales
Service Workers '
i Office and Clerical
*For each business assisted, enter the business name and DUNS #:
Business
!
DUNS #
I
I Business
DUNS #
Business
i DUNS #
i Business
( DUNS #
Section IV. Housing
To be completed for Housing Rehabilitation/Replacement activities. Accomplishments are measured by housing units
completed; beneficiaries are measured by households assisted (rather than the number of persons in a household). Race
and ethnicity data reported on the Beneficiary Data form (Section VI) should be reflected for the head of household.
Total number of units occupied prior to the project
17
Total number of units occupied by a household of low and moderate income prior to the project
17
Total number of units occupied upon completion of the project
17
Total number of units occupied by a household of low and moderate income upon completion
17
Number of multi -family units rehabilitated
00
Number of permanent displacements/relocations
00
Number of units made handicapped accessible
00
Number of pre-1978 units brought into compliance with lead safety requirements
05
Number of units qualified as "energy star"
00
Number of single-family houses rehabilitated
07
v Number owner -occupied at completion
07
o Number renter -occupied at completion
00
v Number of one -for -one replacements
10
If applicable, number of beds created in overnight shelter of emergency housing
00
Section IV Housing (Continued)
If new affordable housing units were created:
N/A i
o Enter the number of years that affordability is guaranteed
N/A
v Enter the number of units made handicapped accessible
N/A
v Enter the number of units qualified as "energy star"
N/A
v Enter the number of households previously living in subsidized housing
N/A
All grant recipients providing housing activities must complete the Housing Benefit form.
O j
M
N
M
M
N
N
N
N
N
N
N
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UNMET NEED — FOR DISASTER GRANTS ONLY
Activity I Activity Name Units Needed Funds Needed Funds Available
#
10
Section VIII. CLOSEOUT APPROVAL
I certify that, to the best of my knowledge, all activities undertaken by the Recipient with funds under this grant
agreement have been carried out in accordance with the grant agreement, that proper provision has been made for the
payment of all paid costs identified; that the State of Florida is under no obligation to make further payment to the
Recipient under the grant agreement in excess of the amount identified on Line K of the STATUS OF ACCOMPLISH-
MENTS AND EXPENDITURES form submitted with this closeout package; that every statement and amount set forth in
this instrument is true and correct as of this date; that all required audits as of this date have been submitted and
approved; and I acknowledge that the DCA reserves the right to recover any disallowed costs identified in an audit
completed after this closeout.
Chief Elected Official
Signature
Paula Lewis. Chair
Name and Title
Date
For DCA use only:
Approval of this Closeout Package authorizes the deobligation of unexpended CDBG contract funds in the
amount of
Division of Housing and Community Development DCA Finance and Accounting Section
Name and Title
Date
it
Name and Title
Date
CIVIL RIGHTS PROFILE (07.02)
RECIPIENT NAME St. Lucie County
CONTRACT NUMBER 06DB-3C-10-66-01-W32 DATE: April 20. 2008
DEMOGRAPHIC DATA
1. Total Number of Local Government Employees: 762.5 (Do NOT include constitutional officers)
2. Number of Employees who work on CDBG funded activities: 5
3. Total Number of Local Government Minority Employees: 137.5 (Do NOT include constitutional
officers)
4. Number of Minority Employees who work on CDBG funded activities: 0
5. Local Government Population # 192,695 (Counties do NOT include populations of
incorporated cities)
6. Local Government Minority Population: 49.927 (Counties do NOT include populations of incorporated cities)
7. Local Government Minority Population Percentage: 25.9% (Counties do NOT include populations of
incorporated cities)
8. Percentage of Persons of Low and Moderate Income in the Local Government: 42.4%
(Counties do NOT include populations of incorporated cities)
For Neighborhood Revitalization and Commercial Revitalization Only — St. Lucie County Portion Only
9. Service Area Population: 103.2
10. Percentage of Persons of Low and Moderate Income in the Service Area: 50.6%
To document civil rights compliance, this profile should be completed and returned to:
CDBG Program
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Retain a file copy in the event that a CDBG grants monitor wishes to review it during a monitoring visit.
CIVIL RIGHTS PROFILE (07.02)
Use application survey data or census data, as appropriate, to determine beneficiary information. Complete a form
for each activity, except Administration and Engineering. Submit civil rights information with executed contract and
update upon completion of grant.
Total Beneficiaries in Service Area:
Using project data on eligible individuals, enter number of individual beneficiaries in each population group
to be assisted.
2. LMI Beneficiaries in Service Area:
Using project data regarding individuals, enter number of individual LMI beneficiaries in each population
group to be assisted.
FOR ECONOMIC DEVELOPMENT GRANTS ONLY (should be provided at the time of grant completion)
3. Job Applicants:
Use job applicant information provided by the employer and enter number of individual job applicants in
each population group to complete.
4. Job Hires:
Use job applicant and hiring information provided by the employer and enter number of job hires
(employees) holding jobs when final job creation requirements have been met.
5. FOR HOUSING GRANTS ONLY:
(Complete column 2 below at closeout using data provided by assisted households.)
ACTIVITY NAME: Sewer Lines & Components
Population
Group
1.
Total
2.
LMI
3.
Job
4.
Employees
5.
Housing
Beneficiaries
Beneficiaries
Applicants
Hired
Beneficiaries
White/non
205
182
Hispanic
Black/non
59
53
Hispanic
Hispanic
18
16
Asian/Pacific
9
8
Islander
American Indian
3
3
/Alaskan Native
Hasidic Jews
0
0
Female Head of
22
11
Household
Elderly Head
14
7
of Household
Handicapped
0
0
2
CIVIL RIGHTS PROFILE (07.02)
Use application survey data or census data, as appropriate, to determine beneficiary information. Complete a form
for each activity, except Administration and Engineering. Submit civil rights information with executed contract and
update upon completion of grant.
Total Beneficiaries in Service Area:
Using project data on eligible individuals, enter number of individual beneficiaries in each population group
to be assisted.
2. LMI Beneficiaries in Service Area:
Using project data regarding individuals, enter number of individual LMI beneficiaries in each population
group to be assisted.
FOR ECONOMIC DEVELOPMENT GRANTS ONLY (should be provided at the time of grant completion)
6. Job Applicants:
Use job applicant information provided by the employer and enter number of individual job applicants in
each population group to complete.
7. Job Hires:
Use job applicant and hiring information provided by the employer and enter number of job hires
(employees) holding jobs when final job creation requirements have been met.
8. FOR HOUSING GRANTS ONLY:
(Complete column 2 below at closeout using data provided by assisted households.)
ACTIVITY NAME: Flood & Drainage
Population
1.
2.
3.
4.
5.
Group
Total
LMI
Job
Employees
Housing
Beneficiaries
Beneficiaries
Applicants
Hired
Beneficiaries
White/non
205
182
Hispanic
Black/non
59
53
Hispanic
Hispanic
18
16
Asian/Pacific
9
8
Islander
American Indian
3
3
/Alaskan Native
Hasidic Jews
0
0
Female Head of
22
11
Household
Elderly Head
14
7
of Household
Handicapped
0
0
CIVIL RIGHTS PROFILE (07.02)
Use application survey data or census data, as appropriate, to determine beneficiary information. Complete a form
for each activity, except Administration and Engineering. Submit civil rights information with executed contract and
update upon completion of grant.
Total Beneficiaries in Service Area:
Using project data on eligible individuals, enter number of individual beneficiaries in each population group
to be assisted.
2. LMI Beneficiaries in Service Area:
Using project data regarding individuals, enter number of individual LMI beneficiaries in each population
group to be assisted.
FOR ECONOMIC DEVELOPMENT GRANTS ONLY (should be provided at the time of grant completion)
9. Job Applicants:
Use job applicant information provided by the employer and enter number of individual job applicants in
each population group to complete.
10. Job Hires:
Use job applicant and hiring information provided by the employer and enter number of job hires
(employees) holding jobs when final job creation requirements have been met.
11. FOR HOUSING GRANTS ONLY:
(Complete column 2 below at closeout using data provided by assisted households.)
ACTIVITY NAME: Housing Rehabilitation
Population
Group
1.
Total
2.
LMI
3.
Job
4.
Employees
5.
Housing
Beneficiaries
Beneficiaries
Applicants
Hired
Beneficiaries
White/non
2
2
2
Hispanic
Black/non
1
1
1
Hispanic
Hispanic
3
3
3
Asian/Pacific
Islander
American Indian
/Alaskan Native
Hasidic Jews
Female Head of
3
3
3
Household
Elderly Head
2
2
2
of Household
Handicapped
4
CIVIL RIGHTS PROFILE (07.02)
Use application survey data or census data, as appropriate, to determine beneficiary information. Complete a form
for each activity, except Administration and Engineering. Submit civil rights information with executed contract and
update upon completion of grant.
Total Beneficiaries in Service Area:
Using project data on eligible individuals, enter number of individual beneficiaries in each population group
to be assisted.
2. LMI Beneficiaries in Service Area:
Using project data regarding individuals, enter number of individual LMI beneficiaries in each population
group to be assisted.
FOR ECONOMIC DEVELOPMENT GRANTS ONLY (should be provided at the time of grant completion)
12. Job Applicants:
Use job applicant information provided by the employer and enter number of individual job applicants in
each population group to complete.
13. Job Hires:
Use job applicant and hiring information provided by the employer and enter number of job hires
(employees) holding jobs when final job creation requirements have been met.
14. FOR HOUSING GRANTS ONLY:
(Complete column 2 below at closeout using data provided by assisted households.)
ACTIVITY NAME: Replacement Housing
Population
1.
2.
3.
4.
5.
Group
Total
LMI
Job
Employees
Housing
Beneficiaries
Beneficiaries
Applicants
Hired
Beneficiaries
Whitetnon
5
5
5
Hispanic
Black/non
17
17
17
Hispanic
Hispanic
0
0
0
Asian/Pack
Islander
American Indian
/Alaskan Native
Hasidic Jews
Female Head of
3
3
3
Household
Elderly Head
2
2
2
of Household
Handicapped
0
0
0
Xm
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Y1,
AGENDA REQUEST
ITEM NO. VI-J1
DATE: 4/28/09
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY
Marie M. Gouin
SUBMITTED BY: Office of Management & Budget/Purchasing Director '
SUBJECT: Bid for the sale and removal of old corrugated containers (OCC)
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval to advertise an Invitation to Bid for sale and removal of old
corrugated containers (OCC) from the St. Lucie County Baling and Recycling
Facility.
COMMISSION ACTION:
APPROVED ( )
( ) OTHER
Approved 5-0
County Attorney ( X )
DENIED
Dan McIntyre
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
Budget Analyst ( X )
aWonna Johnson
Purchasing ` 1 Solid Waste ( X)
( X ) C
Desiree Cimino Leo Cordeiro
Office of Management
& Budget/Purchasing
TO: Board of County Commissioners
FROM: Marie M. Gouin, Director
DATE: April 28, 2009
SUBJECT: Bid for the sale and removal of old corrugated containers (OCC)
ITEM NO. VI-J1
Background:
The Solid Waste Baling and Recycling Facility recovers old corrugated containers (OCC) from the
waste stream for recycling. The corrugated containers are then baled into approximately 2,000-
pound bales.
Previous Action
On September 25, 2007, the Board awarded RFP No. 07-091 to Smurfit -Stone Container
Corporation.
On January 26, 2009, Smurfit -Stone Container Corporation filed a voluntary petition for relief and
reorganization under Chapter 11 of the United States Bankruptcy code and under the Companies'
Creditors Arrangement Act (CCAA) of Canada.
On March 24, 2009, the Board approved the cancellation without cause of contract C07-09-494
with Smurfit -Stone Container Corporation.
Recommendation
Board approval to advertise an Invitation to Bid for sale and removal of old corrugated containers
(OCC) from the St. Lucie County Baling and Recycling Facility.
AGENDA REQUEST
ITEM NO. VI-J2
DATE: 4/28/09
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY,,*
Marie M. Gouin
SUBMITTED BY: Office of Management & Budget/Purchasing Director
SUBJECT: Request for Proposal No. 09-023, Residential Appraisal Services
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: Neighborhood Stabilization Program
PREVIOUS ACTION: January 6, 2009 — BOCC approval for permission to advertise RFP.
RECOMMENDATION: Board approval to award RFP No. 09-023, Residential Appraisal Services to
Callaway & Price, Inc. of Fort Pierce and authorization for the Chair to sign
documents as approved by the County Attorney.
COMMISSION ACTION:
CONCURRENCE:
(X) APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
i
�11-
County Attorney (X) L-
Dan McIntyre
Purchasing ( X ) \1 `�'�
Desiree Cimino
Budget Analyst ( X) —I
ko-
Sophia Holt
(X)
Community Serv. ( X�—
Beth Ryder
Office of Management
& Budget/Purchasing
MEMORANDUM
TO: Board of County Commissioners
FROM: Marie M. Gouin, Director
DATE: April 28, 2009
SUBJECT: Request for Proposal No. 09-023, Residential Appraisal Services
ITEM NO. VI-J2
Background:
On December 1, 2008, the Florida Department of Community Affairs (DCA) submitted its
Neighborhood Stabilization Program Amendment to the United States Department of Housing and
Urban Development (HUD) in response to their statewide allocation of $91.14 million. DCA
allocated $3,984,601 to St. Lucie County. The program requires that the funding be used within 18
months from the date of the contract between DCA and HUD to address foreclosed and
abandoned properties in the areas of greatest need throughout the unincorporated areas of the
County.
These funds may be used for residential appraisal services, residential home inspectors,
residential real estate title services, homebuyer education providers, contractors and program
proposals from community partners.
On April 8, 2009, responses to RFP No. 09-023 for Residential Appraisal Services were opened.
One proposal was received; 125 companies were notified and 10 RFP documents were
distributed.
Recommendation
Board approval to award RFP No. 09-023 for Residential Appraisal Services to Callaway and
Price, Inc. of Fort Pierce and authorization for the Chair to sign documents as approved by the
County Attorney.
ITEM NO. VI-J3
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
AGENDA REQUEST
DATE: 4/28/09
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
BOARD OF COUNTY COMMISSIONERS PRESENTED BY:(:*
Marie M. Gouin
Office of Management & Budget/Purchasing Director
Request for Proposal No. 09-025, Residential Real Estate Title Services
See attached memorandum.
Neighborhood Stabilization Program
January 6, 2009 — BOCC approval for permission to advertise RFP.
RECOMMENDATION: Board approval to award RFP No. 09-025, Residential Real Estate Title Services
to St. Lucie Title Services, Inc. of Fort Pierce and authorization for the Chair to
sign documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
(� APPROVED ( ) DENIED
( ) OTHER �}
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( X) Budget Analyst ( X A4
Dan McIntyre Sophia Holt
Purchasing ( X) Community Serv. ( X)
Desiree Cimino Beth Ryder
Office of Management
& Budget/Purchasing
MEMORANDUM
TO: Board of County Commissioners
FROM: Marie M. Gouin, Director
DATE: April 28, 2009
SUBJECT: Request for Proposal No. 09-025, Residential Real Estate Title Services
ITEM NO. VI-J3
Background:
On December 1, 2008, the Florida Department of Community Affairs (DCA) submitted its
Neighborhood Stabilization Program Amendment to the United States Department of Housing and
Urban Development (HUD) in response to their statewide allocation of $91.14 million. DCA
allocated $3,984,601 to St. Lucie County. The program requires that the funding be used within 18
months from the date of the contract between DCA and HUD to address foreclosed and
abandoned properties in the areas of greatest need throughout the unincorporated areas of the
County.
These funds may be used for residential appraisal services, residential home inspectors,
residential real estate title services, homebuyer education providers, contractors and program
proposals from community partners.
On April 8, 2009, responses to RFP No. 09-025 for Residential Real Estate Title Services were
opened. One proposal was received; 106 companies were notified and eight RFP documents
were distributed.
Recommendation
Board approval to award RFP No. 09-025 for Residential Real Estate Title Services to St. Lucie
Title Services, Inc. of Fort Pierce and authorization for the Chair to sign documents as approved by
the County Attorney.
ITEM NO. VII-A
.
COUNTY
F
LORI
DA-40
AGENDA REQUEST
DATE: April 28, 2009
REGULAR ( )
PUBLIC HEARING ( X )
LEG. (X )
QUASI -JD ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Michael Brillhart
SUBMITTED BY: Growth Management Department Capital Improvements Manager
W/,?
SUBJECT: Capital Improvements Element (CIE) Comprehensive Plan Amendment
BACKGROUND: On November 25, 2008, the Board of County Commissioners adopted Ordinance
No. 08-036, representing a Comprehensive Plan Amendment updating the CIE for
FY 2008/09 — 2012/23. Upon transmittal of the amendment to DCA (Department of
Community Affairs), DCA requested changes to the "Revenue Sources" table
shown on page 12 of the CIE Update. These changes to the CIE Annual Update
are requested for adoption through Ordinance No. 09-015.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: November 25, 2008, Board adoption of Ordinance No. 08-036, Comprehensive
Plan Amendment to the CIE for FY 2008/09 — 2012/13.
RECOMMENDATION: Board adoption of Ordinance No. 09-015 as an amendment to the Capital
Improvement Element representing FY 2008/09 — 2012/13.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
County Attorney ( )
County Engineer ( )
Coordination/Signatures
A-,
Daniel S. McIntyre
Michael Powley
Originating Dept. (x)
ark Satterlee
County Surveyor ( )
Ron Harris
ERD
Karen Smith
OMB
Marie Gouin
Robert O'Sullivan
\%of
GROWTH MANAGEMENT DEPARTMENT
ADMINISTRATION
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, Growth Management Director
FROM: Michael Brillhart, Capital Improvements ManagerA4
DATE: April 28, 2009
SUBJECT: Capital Improvements Element (CIE) Comprehensive Plan Amendment
ITEM NO. VII-A
Background:
Ordinance 08-036 representing the FY2008/09 — FY2012/13 Capital Improvements Element (CIE)
Comprehensive Plan Amendment annual update was adopted by the Board of County
Commissioners on November 25, 2008. This annual update is required under Chapter 163.3177(3),
F.S.
The CIE Comprehensive Plan Amendment annual update requires the Board of County
Commissioners to hold one public hearing adopting changes to the CIE. Furthermore, it is exempt
from the two Comprehensive Plan Amendment cycles administered by the State Department of
Community Affairs (DCA).
Through the adoption of Ordinance 08-036, County staff transmitted this Comprehensive Plan
Amendment to DCA on November 26, 2008. Per its review, DCA recommended that County staff
modify the "Revenue Sources" table on page 12 to reformat the table by categorizing the various
revenue sources consistent with the CIE annual update "preparation guidelines", recommended by
the State Department of Revenue. The existing "page 12." of the CIE update adopted on November
25, 2008 is referenced in the attached Exhibit A) CIE as "Existing CIE page 12. adopted through
Ordinance 08-036". The revised "page 12." requested by DCA is referenced within Exhibit A as
"Revised CIE page 12. to be adopted through Ordinance 09-015".
The County has modified page 12 and resubmitted this change to DCA. Upon review, the DCA found
the CIE plan amendment update to be in compliance with the Growth Management Act and issued a
Notice of Intent (NOI) to comply with State requirements relating to this comprehensive plan
amendment. It should also be noted that the modified CIE reflects a $28,934,381 increase in revenue
with the Florida Department of Transportation (FDOT) for road projects as reflected in its final budget
for FY 08/09 — FY 12/13.
Recommendation:
Board adoption of Ordinance No. 09-015 as an amendment to the Capital Improvements Element
representing FY 2008/09 — 2012/13.
ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
April 28, 2009
NOTICE OF PROPOSED
COMPREHENSIVE PLAN TEXT CHANGE
TO THE CAPITAL IMPROVEMENTS
ELEMENT
The St. Lucie County Board of County Commissioners
proposes to adopt the following by Ordinance:
ORDINANCE NO. 09.015
AN ORDINANCE AMENDING ORDINANCE NO.
08-036, AS AMENDED, BY ADOPTING THE
CAPITAL 'IMPROVEMENTS PLAN AND CAPITAL
IMPROVEMENTS ELEMENT OF THE ST. LUCIE
COUNTY COMPREHENSIVE PLAN; AN EXEMPT
LARGE SCALE AMENDMENT; PROVIDING FOR
LEGISLATIVE: FINDINGS; .PROVIDING FOR
SEVERABILITY; PROVIDING FOR TRANSMITTAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT: ,ST. LUCIE COUNTY
LOCATION OF -AFFECTED PROPERTY:
UNINCORPORATED ST. LUCIE COUNTY
The PUBLIC HEARING on this item will be held in the
Commission Chambers, Roger Poitras Annex, 3rd Floor,
St. Lucie County Administration Building, 2300 Virginia
Avenue, Fort Pierce, Florida on Tuesday, April 28, 2009,
beginning at 9:00 A.M. or as soon thereafter as possible.
Action can be taken at this meeting, or the item can be
continued to a future date and time.
All interested 'persons will be given an opportunity to
be heard. Written .comments received in advance of
the public hearing will also be considered. Written
comments to the Board of County Commissioners should
be received by the Growth Management Department -
Planning Division at least 3 days prior to the scheduled
hearing. The petition file is available for review at the
Growth Management Department offices located at 2300'
Virginia Avenue, 2n0 Floor, Fort Pierce, Florida, during
regular business hours. Please call 772i462-2822 or
TDD 772/4621428 if you have any questions or require
additional information.
The St. Lucie County Board of County Commissioners
has the power to review and grant any applications within
their area of responsibility.
The proceedings of .the Board of County Commissioners
are electronically recorded. PURSUANT TO Section
286.0105, Florida Statutes, if a person decides to appeal
any decision made by the Board of County Commissioners
with respect to any matter considered at a meeting or
hearing; he or she will need a record, of the proceedings.
For such purpose, he or she may need to ensure that a .
verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the
appeal is to be based. Upon the request of any party to
the proceeding, individuals testifying during a hearing will
be sworn in:. Any party toahe proceeding will be granted
an opportunity to cross-examine any individual testifying
during a hearing upon request. If it becomes necessary,
a public hearing may be continued from time to lime as
may be necessary to a date -certain.
Anyone with a disability requiring accommodation
to attend this meeting should contact the St. Lucie
County Community Services Director at least
forty-eight (48) hours prior to the meeting at
772/462-1777 or TO. D. 772/462-1428.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
/S/ PAULA A..LEWIS; CHAIR
PUBLISH DATE: April 13, 2009
ORDINANCE NO. 09-015
El
AN ORDINANCE AMENDING ORDINANCE NO. 08-036, AS
AMENDED, BY ADOPTING THE CAPITAL IMPROVEMENTS PLAN
AND CAPITAL IMPROVEMENTS ELEMENT OF THE ST. LUCIE
COUNTY COMPREHENSIVE PLAN, AN EXEMPT LARGE SCALE
AMENDMENT; PROVIDING FOR LEGISLATIVE FINDINGS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County enacted Ordinance No. 90-
01, adopting the 1990 St. Lucie County Comprehensive Plan, which was subsequently amended in
accordance with State Law; and
WHEREAS, the amendment of the Capital Improvements Element is exempt from the twice
yearly large scale amendment process under Section 163.3187(1)(f), Florida Statutes; and
WHEREAS, the Board has followed the procedures set forth in Section 163.3187(l)(f), Florida
Statutes; and
WHEREAS, the Board has followed the procedures set forth in Sections 163.3177, Florida
Statutes, stating that "Capital improvements element amendments adopted after the effective date of
this act [July 1, 2005] shall require only a single public hearing before the governing board which shall
be an adoption hearing as described in s. 163.3184(7). Such amendments are not subject to the
requirements of s. 163.3184(3)-(6)."
WHEREAS, the Board has substantially complied with the procedures set forth in the
Implementation Element of the Comprehensive Plan regarding public participation; and
WHEREAS, on November 25, 2008, the Board held a public hearing with all required public
notice for the purposes of hearing and considering the recommendations and comments of the general
public prior to final action on the Comprehensive Plan amendment representing the Annual Capital
Improvements Element Update for FY08-09 - FY12/13; and
WHEREAS, the Board found that the Comprehensive Plan, as amended by this ordinance, is
internally consistent with and compliant with the provisions of State law including, but not limited to,
Part II, Chapter 163, Florida Statutes, the State Comprehensive Plan, and the Strategic Regional Plan
of the Treasure Coast Regional Planning Council; and
WHEREAS, the Capital Improvements Element was found to be financially feasible with
committed and planned revenues for capital improvements during fiscal years 2008/09 through
2012/13 that will ensure adequate capacity based upon the demands of future growth; and
WHEREAS, the Board of County Commissioners adopted Ordinance No. 08-036 representing a
Comprehensive Plan Amendment to the CIE Update for FY2008/09 FY2012/13; and
WHEREAS, the State Department of Community Affairs has reviewed and recommended
changes to the CIE relating to the Revenue Sources table on page 12 and based upon the revisions
made by County staff to the CIE has issued a notice that the proposed change to the CIE Update are
in compliance with the State's Growth Management Act.; and
WHEREAS, a public hearing notice on this proposed Ordinance No. 09-015 before the Board
of County Commissioners was advertised on April , 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF 5T. LUCIE COUNTY, FLORIDA:
Section 1. Legislative Findings. The above recitals are true and correct in form and include
legislative findings which are a material part of this Ordinance.
Section 2. Amendment.
The existing Capital Improvements Element Annual Update representing FY2008/09 FY
2012113 of the Comprehensive Plan of St. Lucie County, Florida, previously adopted by Ordinance No.
08-036 is hereby amended through the adoption of Ordinance No. 09-015.
Section 3. Severability.
The provisions of this Ordinance are declared to be severable and if any section, sentence,
clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this
Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Transmittal. The County Growth Management Director is hereby directed to ensure that
this Ordinance and all necessary supporting data and analysis and other relevant documents are
forwarded within ten (10) working days to the Florida Department of Community Affairs, the Treasure
Coast Regional Planning Council, and other agencies in accordance with Section 163.3184, Florida
Statutes, and Rule 9J-011(5), Florida Administrative Code.
Section 5. Effective Date. This ordinance shall take effect upon filing a copy of this ordinance with
the Florida Department of State by the Clerk of the Board of County Commissioners, provided,
however, that the effective date of the Comprehensive Plan amendments set forth herein shall be
twenty-two (22) days after the Florida Department of Community Affairs' publication of a notice of
intent to find the Comprehensive Plan amendments in compliance if no affected party challenges the
Comprehensive Plan amendments, or if an affected party challenges the Comprehensive Plan
amendments, when a final order is issued by the Florida Department of Community Affairs or the
Administration Commission determining that the amendments are in compliance in accordance with
Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders or development
permits, if dependent upon an amendment, may be issued or commence before an amendment has
become effective. If a final order of noncompliance is issued by the Administration Commission, these
amendments may nevertheless be made effective by adoption of a resolution affirming its effective
status, a copy of which resolution shall be sent to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team. An adopted amendment whose effective date is
delayed by law shall be considered part of the adopted plan until determined to be not in compliance by
final order of the Administration Commission. Then, it shall no longer be part of the adopted plan
unless the Board adopts a resolution affirming its effectiveness in the manner provided by law,
Section 6. Adoption.
After motion and second the vote on this ordinance was as follows:
Paula A. Lewis, Chair XXX
Charles Grande, Vice Chair XXX
Commissioner Doug Coward XXX
Commissioner Chris Craft XXX
Commissioner Chris Dzadovsky XXX
PASSED AND DULY ADOPTED this 28th day of April, 2009.
ATTEST:
BOARD OF COUNTY COMMISSIONERS ST. LUCIE
COUNTY, FLORIDA
-'A
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
COUNTY ATTORNEY
Exhibit A
ANNUAL CAPITAL
IMPROVEMENTS
ELEMENT (CIE)
UPDATE
FY 2008109 - FY 2012113
Contents Page
Mapof St. Lucie County...........................................................................................2
Purpose of the Capital Improvements Element (CIE) Annual Update..................................3
Adopted Goals and Objectives.....................................................................4
Relationship to Other Elements....................................................................4
BackgroundData.....................................................................................................4
Differences between the FY 07/08 — 11/12 and FY 08/09 — 12/13 CIE Update ......... 4
PopulationEstimates.................................................................................5
De minimus Impacts Report ........................................................................5
Analysisof Needs.....................................................................................6
FinancialFeasibility..............................................................................
Committed Years One Through Three............................................................8
Committed and/or Planned Years Four and Five..............................................8
RevenueSources......................................................................................9
Public Facilities Level of Service for Required Elements...............................................9
Levelof Service Table.................................................................................9
Level of Service Achieved or Maintained......................................................10
Summary of Capital Improvement Projects...............................................................11
RevenueSummary ..................................................................................12
Summary of Capital Expenditures in FY 08/09 — 12/13 CIE...............................13
Schedule of Capital Improvements...............................................................14
Drainage..........................................................................................14
PotableWater.....................................................................................
15
SanitarySewer..................................................................................16
SolidWaste......................................................................................17
Parks and Recreation.........................................................................18
Transportation.................................................................................
19
- County Roads.............................................................................19
- State Roads................................................................................20
- Mass Transit................................................................................25
Schools...........................................................................................26
St. Lucie County Five -Year CIP Summary ...................................................27
St. Lucie County Distribution of Capital Expenditures......................................28
Capital Funds — Revenues by Source — Expenditures by Function .....................29
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CIE ANNUAL UPDATE FY 08/09 -12/13
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2
' CIE ANNUAL UPDATE FY 08/09 -12/13
Purpose of the Capital Improvements Element (CIE) Annual Update
The Capital Improvements Element (CIE) annual update for FY 2008/09 — 2012/13
represents the County's amendment to the capital project schedule of the currently
adopted CIE including the addition of the new fifth year (FY2012/13). The amended
schedule includes projects that are needed to meet future demands of development in
accordance with Section 163.3202 (2)(g), Florida Statutes.
This CIE update contains the financially feasible 5 year schedule of capital
improvements necessary to maintain the adopted level of service for the concurrency
related public facilities identified within the St. Lucie County Comprehensive Plan.
These facilities include: drainage, potable water, sanitary sewer, solid waste, parks and
recreation, transportation and schools (Section 163.3189, Florida Statutes).
The purpose of this Element is to "identify the need for, and program the provisions of
necessary public facilities at the time that those facilities are needed as new
developments are completed" (adopted St. Lucie County Capital Improvements
Element, revised 2002). Each capital improvement identified within the updated CIE
schedule is included within the County's adopted Comprehensive Plan.
The process in developing the CIE demonstrates that a reasonable, measurable,
affordable plan to reduce, eliminate or prevent facility deficiencies within the specified
time frame has been established. The costs for projects may be paid for or contracted
for in phases which are required to meet the adopted level of service standards as
provided for within the Comprehensive Plan.
This CIE annual update reflects the County's Five Year Capital Improvements Program
(CIP) for the FY 2008/09 — 2012/13 timeframe. A statement of financial feasibility is
demonstrated through the identification of both committed revenue and planned
revenue anticipated to undertake project expenditures as shown within the 5 year
schedule.
The Capital Improvements Element is required to be updated annually to reflect the
project improvements necessary to ensure adequate capacity and concurrence with
new development in consideration of the new fifth (5th) year of the capital improvement
program. In addition, the improvement schedule for each Element also includes projects
which may reduce existing deficiencies, provide for necessary replacement and meet
future demand in accordance with Rule 9J-5.016(1) (a) Florida Administrative Code. It
should be noted that not all of the revenue necessary to construct each project to 100%
completion during the 5-year period may be available. As such, a site development's
eligibility for Proportionate Fair Share (PFS) mitigation cannot be based solely upon the
placement of a capital project within the CIE update.
3
v..
CIE ANNUAL UPDATE FY 08/09 - 12/13
Adopted Goals and Objectives
The following goals and objectives were adopted as part of the Comprehensive Plan
Capital Improvement Element in 1990 and are used in the preparation of the FY
2008/09 — 2012/13 CIE Update.
GOAL 11.1: TO PROVIDE PUBLIC FACILITIES NECESSARY TO ACHIEVE AND
MAINTAIN ADOPTED LEVEL OF SERVICE STANDARDS CONCURRENT WITH
DEMAND THROUGH FISCALLY SOUND CAPITAL IMPROVEMENT PROGRAMMING
AND BUDGETING.
Objective 11.1.1: Define types of facilities, establish standards for level of service for
each type of public facility, and determine what capital improvements are needed in
order to achieve and maintain standards (as well as repair or replace existing public
facilities).
Objective 11.1.3: Within the County's financial capability, provide needed capital
improvements for repair or replacement of obsolete or worn out facilities, eliminating
existing deficiencies, and meeting the needs of future development and redevelopment
caused by previously issued and new development orders.
Relationship to Other Elements
The Capital Improvements Element Update provides a summary of the needed capital
facilities during FY 2008/09 — 2012/13 as identified in the other Elements of the
Comprehensive Plan. This includes those projects necessary to correct existing level of
service deficiencies while providing for future needs.
Deficiencies were determined by comparing the current facilities to the adopted level of
service standards. Goal 11.1 and Objective 11.1.1 of the CIE serve as a basis for
ensuring concurrence between the level of service with each Element and the required
programming of projects within the CIE Update.
Background Data
Differences between the FY 07/08 — 11/12 and FY 08/09 — 12/13 CIE Update
This document serves as the annual update to the FY07/08 — 11/12 CIE Update
adopted by St. Lucie County in October of 2007. Among the major project differences
from the previous CIE Update include the following:
1.the substantial completion of South 25th Street from Edwards Road to Midway Road.
2.the completion of U.S. 1 at Indrio Road intersection.
4
1= _ CIE ANNUAL UPDATE FY 08109 —12/13
3. the completion of replacement of high service water pumps at the Bryn
Mawr condominium complex.
4. the elimination of existing water meters from underground vaults on North
Hutchinson Island.
5. removal of old restrooms and installation of new outdoor restroom facility
at the historic Indrio Road School House facility.
6. the completion of Dollman Park parking lot expansion and renovation.
7. the completion of boat dock at River Park marina.
Population Estimates (Countywide):
The population estimates used in this update are based upon a 2% annual growth rate
between 1990 and 2005. The University of Florida's Bureau of Economic and Business
Research (BEBR) uses a Year 2008 estimate of 276,428 which is consistent with this
annual growth rate.
Estimates
Year 2008: 276,428 Year 2010: 287,485
Year 2015: 316,233 Year 2020: 347,856
Year 2025: 382,641 Year 2030: 420,906
The projected location of future population growth on a countywide basis is consistent
with the Traffic Analysis Zone (TAZ) zonal data used within the adopted St. Lucie TPO
Year 2030 Regional Long Range Transportation Plan (RLRTP). Both residential based
trip origination data and non-residential trip destination data were projected in
conjunction with land use designations reflected on the adopted Future Land Use Map
(FLUM). The population estimates are consistent with future residential dwelling unit
projections multiplied by the average number of persons per dwelling unit for this area.
De minimus Impacts Report
A summary of new residential and non-residential building construction permits for 2008
is provided below through the month of September. Each residential lot was platted
prior to 1990 and represents a de minimus (below maximum service volume) impact
upon the roadway network. Concurrency mitigation was not required for any of the non-
residential developments. Development did not impact roadway facilities that were
operating above the 100% maximum service volume and, therefore, the impacts are de
minimus in accordance with Section 163.3180(6), F.S.
Month
Residential Permits
Non -Residential Permits
Non -Residential Sq. Ft.
January
15
1
13,382
February
6
5
31,233
5
Month Residential Permits
March
17
April
16
May
14
June
17
July
8
August
5
September
4
CIE ANNUAL UPDATE FY 08/09 -12/13
Non -Residential Permits
0
3
1
1
1
1
2
Non -Residential Sg. Ft.
0
30,926
3,600
15,300
15,270
1,498
4,550
Analysis of Needs
The determination of facility needs within each Element considers the level of service,
required repairs or renovations that reflect new system capacity, and new growth
demands for projects. A relative priority of need among facility types has been indicated
through the extent of improvements scheduled within this CIE update.
Due to recent reductions in local ad -valorem tax revenues based upon the passage of
the voter approved State Amendment #1 in January 2008 together with reductions in
sales tax, it will be more difficult to fund capital projects using local resources. Sufficient
funding needed to implement transportation improvements to sustain level of service on
the roadway network during the FY 2008109 — 2012/13 timeframe will be compromised.
Reductions in motor fuel tax receipts will also affect the programming of transportation
projects. As such, roadway projects have been prioritized in consideration of available
funding.
The County will continue to take advantage of non -local revenue sources when
available as earmarked for specific capacity enhancements, new facilities, and repairs
and renovations. Projects funded and programmed within the CIE are consistent with
and supports the Future Land Use Element as well as Goal 11.1, Objective 11.1.1, and
Objective 11.1.3 of the Capital Improvements Element.
The projects summarized in the Schedule of Capital Improvements have been
previously identified in the following Elements within the adopted St. Lucie County
Comprehensive Plan: drainage, potable water, sanitary sewer, solid waste, parks &
recreation, transportation and schools. Each project has been prioritized in
consideration of available 5 year funding. The analysis of needs for each Element is
summarized below.
Drainage: the drainage improvement needs as identified and prioritized within the CIE
schedule are determined through an analysis of the required storm -water management
resources necessary to maintain a 10 year/24 hour storm event within adjacent primary
basin and outfall areas. This analysis is consistent with the County's involvement in
maintaining National Pollutant Discharge and Elimination System (NPDES) standards
I
administered by the United States Environmental Protection Agency (EPA) and the
State Department of Natural Resources and directly linked to the impacts of land
development activity upon the adjacent surface water system.
Potable Water the improvement needs for potable water is consistent with the 10-
Year Water Supply Facilities Work Plan for St. Lucie County in concurrence with the
South Florida Water Management District. The analysis for potable water demand is
based upon the need to provide 110 gallons per capita/per day of capacity in
consideration of population growth. As shown on the project schedule for potable water,
the County is emphasizing project funding for capacity improvements related to the
North County service area.
Sanitary Sewer the improvement needs for sanitary sewer considers the 10-Year
Water Supply Facilities Work Plan for St. Lucie County. The demand for each project
directly correlates to the need to provide 100 gallons per capital/per day of capacity for
each ERD. As shown on the project schedule for sanitary sewer, the County is
emphasizing project funding for capacity improvements related to the North Hutchinson
Island waste water treatment plant.
Solid Waste: the existing solid waste facility has sufficient capacity to meet the 9.31
pounds per capita/per day demand over the next five years. The County does not have
any capital improvements programmed at the facility during the CIE Update for FY
08/09 — 12/13.
Parks and Recreation: the County is required to provide a minimum level of service
standard of 5 acres of regional park land area for every 1,000 residents. The analysis of
needs takes into consideration the parkland area (in acres) available for both active and
passive recreational activities. As such, many of the projects within the County's capital
improvements program include the expansion of recreation opportunities at existing
parks and recreational facilities.
Transportation: the analysis of needs for roadways are tied to the adopted peak hour/
direction level of service "E" standard for county roads and a peak hour/direction level of
service "D" standard for state roads. Traffic count data is collected annually and used in
the County's roadway level of service analysis.
Mass transit improvement needs are based upon ridership data and headway times for
the current year and five year forecast as determined by Community Transit Inc. of the
Treasure Coast. Typically there is limited annual funding available to the transit
authority through ridership fares and, therefore, mass transit is dependent upon state
and federal funding for capital such as the acquisition of buses.
7
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CIE ANNUAL UPDATE FY 08109 - 12113
Schools: the analysis of needs for school facilities were determined using a 100%
capacity for all schools level of service standard required by the Florida Department of
Education. This includes an analysis of current student enrollments at each school and
a review of total facility classroom space district -wide divided by the number of students
that attend schools within the district. The projects identified within the schedule were
taken directly from the St. Lucie County School District's 5-Year Work Program.
Financial Feasibility
St. Lucie County has prepared this CIE annual update as a demonstration of financial
feasibility for its adopted five year capital improvements plan and to provide assurance
of available revenue through committed and planned sources to implement the
schedule of capital improvements. This update is being transmitted to State Department
of Community Affairs in accordance with Section 163.3177 (3)(b), F.S. which states that
"the expenditures for capital projects do not exceed the amount of revenue programmed
or planned for during the 5 year period". Sufficient revenue has been committed in the
first three (3) years to provide for the expenditure of project funding during FY 08/09 —
10/11. Funding for FY 11/12 — 12/13 includes both committed and planned revenues.
Each capital project identified within this CIE shall have a minimum cost of
$25,000 as referenced within the adopted and revised Capital Improvements Element
(2002). However, most of the capital project costs that add system capacity from new
development demand will exceed $50,000 based upon current day costs.
A public facilities capital improvement may include design and land acquisition as part
of the total project construction cost. For purposes of this CIE, a capital improvement
cost shall include infrastructure, facilities and equipment "which are large scale and high
in cost... generally nonrecurring and may require multi -year financing" in accordance
with Rule 9J-5.003(12), Florida Administrative Code. The adopted County Capital
Improvements Program (CIP) and State DOT Work Program representing FY 2008/09 —
2012/13 may contain non -capacity enhancing projects necessary for the continuation of
on -going infrastructure priorities. As such, there is not an equivalent total project cost
comparison between the CIE, CIP and State DOT Work Program.
Committed Years 1-3 (FY 2008109 — 2010111) - funding under the first three years of
the CIE represents the funding that is committed and currently available from specific
funding sources and is included as part of the first three years of the St. Lucie County
Capital Improvement Program (CIP) or the State's Five Year Work Program.
Committed and/or Planned Years 4-5: (FY 2011112 — 2012113) - funding during years
four through five represents both committed (currently available and programmed)
funding and/or planned funding (currently not available but will be committed once the
specific revenue source has been secured during the 5 years of this CIE update).
.59
vw Ye a
r
CIE ANNUAL UPDATE FY 08/09 —12/13
Revenue Sources
St. Lucie County shall use the following revenue sources in order to meet the demands
for projects identified within each facility Element:
• ad valorem taxes
• impact fees
• utility connection fees and user rates
• state revenue sharing
• one-half cent sales tax
• franchise fees
• gas taxes (constitutional gas tax, local option gas tax, county gas tax, motor fuel
rebate)
• state and federal revenues
• bond proceeds
• MSBU and MSTU
State and federal revenue sources for transportation improvements and mass transit
include the state transportation trust fund, state TRIP funds, the Federal Highway
Administration (FHWA) highway trust fund, and Federal Transit Administration (FTA)
trust funds.
Public Facilities Level of Service for Required Elements
A summary of the level of service for each Element identified within the adopted St.
Lucie County Comprehensive Plan is provided below. The list of projects identified in
the Schedule of Capital Improvements depicts those projects that will need additional
capacity (exceeds or will exceed the acceptable level of service standard) as a result of
future growth sometime during the FY 08/09 — 12/13 time frame.
Level of Service Table
Public Facility
Level of Service
Service Area
Drainage
10 year/24 hour storm event
Countywide, by basin
Potable Water
110 gallons per capita per day
Unincorporated areas
Sanitary Sewer
100 gallons per capita per day
Unincorporated areas
Solid Waste
9.31 pounds per capita per day at landfill
Countywide
Parks & Recreation
5 acres of regional park/1,000 population
Countywide
Transportation
Local collectors = D peak hour/direction
Countywide
County arterials = E peak hour/direction
Countywide
State roads = D peak hour/direction
Countywide
Mass Transit = < 30 minute headways
Countywide
Schools
100% of program capacity for all schools;
90% of FISH capacity for Title 1 schools
Countywide
I
x ' _ CIE ANNUAL UPDATE FY 08109 - 12113
It should be noted that not every capital facility deficiency or existing backlog roadway
can be funded for improvements over the next five years. The improvements
programmed during the first three (3) years have committed funding. However, funding
during years four (4) and five (5) may be either committed or planned for based upon
anticipated revenue forecasted by the County and State.
In addition, some capital projects identified within the schedule may have only limited
funding in the CIE Update necessary to fully implement the capacity improvement. As
such, these roadways are ineligible to receive proportionate fair share funding from
developments that could impact the facility. Funding completion for such projects may
take place in the new fifth year of future CIE annual updates.
Level of Service Achieved or Maintained
The level of service standard adopted by the County for each Element will be
maintained or achieved during FY 08/09 — 12/13 through the capital improvements
committed and/or planned for in this Update. Each project will ensure that the minimum
level of service standard required to achieve concurrency and financial feasibility will be
met.
Drainage — improvements that are identified and prioritized within the CIE schedule
have been determined through an analysis of required storm -water management
resources necessary to maintain a 10 year/24 hour storm event. This effort is consistent
with the County's involvement in maintaining National Pollutant Discharge and
Elimination System (NPDES) standards.
The capital projects reflected within the schedule will allow the 10 year/24 hour storm
event level of service to be maintained in areas where current surface water
management practices are in place and achieved in areas where storm water/drainage
projects are programmed over the next 5 years.
Potable Water — the potable water improvements schedule is consistent with the 10-
Year Water Supply Facilities Work Plan for St. Lucie County adopted in concurrence
with approval by the South Florida Water Management District. Each project considers
the population growth based demand capacity required to meet the County's 110
gallons per capita/per day level of service standard.
Sanitary Sewer — the sanitary sewer improvements schedule is compatible with the
10-Year Water Supply Facilities Work Plan adopted for St. Lucie County. Each project
considers the population growth based demand capacity required to meet the County's
100 gallons per capita/per day level of service standard.
10
TT
.- ,i..
CIE ANNUAL UPDATE FY 08/09 —12/13
Solid Waste — the existing solid waste facility has sufficient capacity to meet the demand
based upon 5 year growth projections. The 9.31 pounds per capita/per day capacity level of
service standard at the landfill will be maintained during the 5 year window such that no capital
improvements need to be programmed as part of the CIE Update for FY 08/09 — 12/13.
Parks and Recreation — the requirement to provide 5 acres of regional park land per 1,000
population has been maintained and achieved through the programming of the parks and
recreational capital improvements shown in the schedule. Many of the projects in the schedule
include the expansion of both passive and active recreation opportunities at existing facilities
Transportation (County Roads) - the maintenance or achievement for traffic on county
roadways in consideration of growth demand is based upon a peak hour/direction level of
service "E" standard as adopted within the Comprehensive Plan. Projects programmed by the
County will maintain or achieve the level of service "E" standard (maximum service volume for
"E") in consideration of population growth during the 5 year horizon.
Transportation (State Roads) - the maintenance or achievement for traffic on state roadways
in consideration of growth demand is based upon a peak hour/direction level of service "D"
standard as adopted within the Comprehensive Plan. Projects programmed by the State DOT
will maintain or achieve the level of service "D" standard (maximum service volume for "D") in
consideration of population growth during the 5 year horizon
Transportation (Mass Transit) - the capital improvements programmed by the State DOT for
implementation by Community Transit Inc. of the Treasure Coast will assist in maintaining or
achieving the < 30 minute headway level of service standard for bus operations.
Schools - school facility needs as reflected within the schedule for the 5 year time frame is
consistent with the requirement to provide sufficient classroom and school site facility to
maintain and achieve the 100% capacity level of service standard required for all schools as
determined by the Florida Department of Education. The capital projects shown in the schedule
will provide the school facility capacity to meet current student enrollment projections for the 5
year window and is consistent with the St. Lucie County School District's 5-Year Work Program.
Summary of Capital Improvement Projects
The capital improvements depicted within the schedule of capital projects, as shown on pages
10 — 24, will maintain the adopted level of service standards for the following
Elements: drainage, potable water, sanitary sewer, solid waste, parks and recreation,
transportation and schools A capital facility within the schedule may become deficient anytime
during the 5 year time frame of this annual update prior to implementation of the improvement.
11
Existin
CIE page 12. adopted through Ordinance 08-036
Elements: drainage, potable water, sanitary sewer, solid waste, parks and recreation,
transportation and schools A capital facility within the schedule may become deficient
anytime during the 5 year time frame of this annual update prior to implementation of
the improvement.
Revenue Summary
A summary of the revenue projections by source for the FY 08/09 — 12/13 timeframe is
shown below.
REVENUES
FY 08/09 — 12/13
County
Taxes (ad valorem, sales, gas)
5,516,491
Revenue Sharing
47,046,781
Charges for Services (fees and charges)
22,094,944
Impact fees & transfers)
40,460,231
Bonds, loans, interest,
73,293,678
Total
188,412,125
State/Federal Transportation
State/Federal Highway Funding
440,954,678
Federal Transit Administration
3,297,360
Total
444,252,038
St. Lucie District Schools
School ad -valorem
State/Federal DOE revenue sharing
Total
425,253,040
Grand Total
1,057,917,203
Summary of Capital Expenditures in FY 08/09 — 12/13 CIE
A summary of the total project expenditures for all of the capital projects indentified
within this CIE update is represented below. The expenditures are funded through
various local, state and federal revenue sources as listed on Page 9.
EXPENDITURES
ELEMENT
FY09
FY10
FY11
FY12
FY13
TOTAL
Drainage
9,792,324
650,000
650,000
650,000
0
11,742,324
P. Water
3,018,012
2,497,691
2,476,795
22,133,783
20,754,409
50,880,690
S. Sewer
1,006,066
877,745
5,326,795
19,933,783
15,954,409
43,098,798
Solid Waste
0
0
0
0
0
0
Parks & Rec.
9,623,534
2,000,000
0
0
0
11,623,534
Transportation
-Cty Roads
49,836,779
5,198,000
0
16,000,000
0
71,066,779
-State Roads
46,020,500
158,015,685
78,884,247
92,829,448
65,204,798
440,954,678
-M. Transit
2,157,360
1,140,000
0
0
0
3,297,360
Schools
72,350,249
172,475,227
15,948,685
164,478,879
0
425,253,040
Totals
193,836,824
342,854,348
103,286,522
316,025,893
101,913,616
1,057,917,203
12
Revised CIE Page 12. to be adopted through Ordinance 09-015
D.
r CIE ANNUAL UPDATE FY 08/09 -12/13
Revenue Summary
A summary of the revenue projections by source for the FY 08/09 - 12/13 timeframe is shown
below.
REVENUE SOURCES
FUND
FY 08/09
FY 09/10
FY 10/11
FY 11/12
FY 12/13 TOTAL
Drainage:
MSBU
8,052,354
650,000
650,000
650,000
0
FHWA
1,250,000
LOFT
489,970
Potable Water:
Interest
392,341
324,699
321,983
2,877,391
2,698,073
Loan Proceeds
2,022,068
1,673,452
1,659,452
14,829,634 13,905,454
Fees
93,558
77,428
76,780
686,147
643,386
Revenue Sharing 193,152
159,852
158,514
1,416,562
1,328,282
Utility Charges
316,893
262,260
260,066
2,324,049
2,179,214
Sanitary Sewer:
Interest
130,788
114,106
692,483
2,591,391
2,074,073
Loan Proceeds
674,064
588,089
3,568.952
13,355,634
10,689,454
Fees
31,188
27,210
165,130
617,947
494,586
Revenue Sharing 64,388
56,175
340,914
1,275,762
1,021,082
Utility Charges
105,638
92,165
559,316
2,093,049
1,675,214
Parks & Rec.:
Impact Fees
1,636,002
340,000
0
0
0
Service Fees
1,010,471
210,000
0
0
0
MSTU
21405,883
500,000
0
0
0
Loans & Bonds
4,571,178
950,000
0
0
0
County Transp:
T. Trust Fund
254,330
27,030
0
83,200
0
LOFT
1,845,144
192,326
0
592,000
0
Impact Fees
32,414,706
3,378,700
0
10,400,000
0
Revenue Share.
14,960,633
1,559,400
0
4,800,000
0
Gas Tax
388.966
40,544
0
124,800
0
State Transp:
FDOT Fund.
46,020,500 158,015,665
92,204,399 106,243,703
67,404,798
Transit
2,157,360
1,140,000
0
0
0
School:
Ad valorem
12,299,545
29,320,791
2,711,279
27,961,412
0
Sales Tax
2,604,608
6,209,108
574,152
5,921,239
0
Interest
2,170,507
5,174,256
478,460
4,934,366
0
Bond Proceeds
9,116,131
21,731,878
2,009,534
20,724,338
0
Impact Fees
5,643,319
13,453,067
1,243,997
12,829,352
0
Carry Forward 40,516,139 96,586,127 8,931,263 92 108,172 0
Total 193,836,824 324,854,348 116,606,674 329,440,154 104,113,616 1,086,846,590
12
CIE ANNUAL UPDATE FY 08/09 —12/13
E,
Summary of Capital Expenditures in FY 08/09 — 12/13 CIE
A summary of the total project expenditures for all of the capital projects indentified within this CIE
update is represented below. The expenditures are funded through various local, state and federal
revenue sources as listed on Page 9.
EXPENDITURES
ELEMENT
FY09
FY10
FY11
FY12
FY13
TOTAL
Drainage
9,792,324
650,000
650,000
650,000
0
11,742,324
P. Water
3,018,012
2,497,691
2,476,795
22,133,783
20,754,409
50,880,690
S. Sewer
1,006,066
877,745
5,326,795
19,933,783
15,954,409
43,098,798
Solid Waste
0
0
0
0
0
0
Parks & Rec.
9,623,534
2,000,000
0
0
01
11,623,534
Transportation
-Cty Roads
49,836,779
5,198,000
0
16,000,000
0
71,066,779
-State Roads
46,020,500
158,015,665
92,204,399
106,243,703
67,404,798
469,889,065
-M. Transit
2,157,360
1,140,000
0
0
0
3,297,360
Schools
72,350,249
172,475,227 1
15,948,685
164,478,879
0
425,253,040
Totals
193,836,824
342,854,328
116,606,674
329,440,154
104,113,616
1,086,846,590
13
ti j
S'_St f# P-
Pr CIE ANNUAL UPDATE FY 08/09 -12/13
Schedule of
Capital
Improvements
14
CIE ANNUAL UPDATE
FY 08109 - 12113
Drainage
Project # Project Title FY 2009 FY 2010 FY 2011 FY 2012 FY 2013
3725-3112
Platts Creek Mitigation
390,051
3725-3631
10-Mile Creek
77,056
250,000 250,000 250,000
3725-425047
Lakewood Park Culvert Replacement
254,069
3725-425056
Indian River Estates Drainage Plan
1,901,258
200,000 200,000 200,000
3725-42507
Harmony Heights Drainage Impvmts
81,707
3725-42511
Paradise Park Drainage Improvements
878,143
3725-42512
NPDES Phase II Project
85,336
200.000 200,000 200,000
3725-4257
Orange Avenue Canal
354,653
3725-4258
White City Canals D, F and G
116,907
3725-4265
Sunland Gardens Drainage
150,000
3725-425056
Indian River Estates Drainage Plan
1,948,044
3725-42507
Harmony Heights Drainage Improvements
256,130
3725-425047
Lakewood Park Culvert Replacement
50,000
3725-4258
White City Canals D, F and G
400,000
3725-42511
Paradise Park Drainage Improvements
1,000,000
3725-4258
White City Canals D, F and G
109,000
3725-425056
Indian River Estates Drainage Plan
1,000,000
4113-3112
Platts Creek Mitigation
100,000
4113-4263
San Luca Stormwater Master Plan
150,000
41131-425047
Lakewood Park Culvert Replacement
99,201
41134-3112
Platts Creek Mitigation
327,769
41134-425056
Indian River Estates Drainage Plan
63,000
Total
9,792,324
650,000 650,000 650,000
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate
fair share eligibility will be made by the County during the site development application process.
15
�. -
CIE ANNUAL UPDATE
FY 08109 - 12113
Potable Water
Project #
Project Title
FY 2009
FY 2010
FY 2011
FY 2012
FY 2013
3600-1905
N. County Water/Sewer Expansion
671,112
420,791
1,076,795
333,783
1,004,409
3600-300
N. County Utility Systems Improvements
300,000
300,000
250,000
150,000
200,000
3600-35103
Rock Road Water Main
320,000
3600-35104
U.S. Highway 1 Water Main
750,000
3600-35105
Indrio Road Water Main Phase 2
1,000,000
2,000,000
3600-35106
Rangeline Road Water Main Interconnect
2,500,000
3600-35210
N. County Deep Injection Well
3,500,000
3,500,000
3600-35211
N. County Aquifer Wells
1,000,000
700,000
3600-3616
N. County Water Treatment Plant
250,000
13,000,000
11,975,000
3600-3634
1 Million Gallon Tank(d)Fairground S
500,000
1,300,000
3600-3640
Brine Line at Holiday Pines
75,000
75,000
75,000
3600-3641
Water Interconnect - Kings Hwy./Picos Rd.
50,000
3600-3914
Holiday Pines Water Plant Expansion
500,000
500,000
3602-300
N. Hutchinson System Improvements
120,000
120,000
3602-362027
N. Hutchinson Lift Station Improvements
24B;9BA
249,668
248,SAA
249,899
150,000
75,000
75,000
75,000
75,000
3602-3638
N. Hutch 1 Million Gallon Tank
900,000
900,000
4115-3816
West 2nd St MSBU-FPUA Water
56,900
56,900
Total
3,258,012
2,737,691
2,716,795
22,373,783
20,754,409
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate fair share
eligibility will be made by the County during the site development application process.
16
CIE ANNUAL UPDATE
FY 08109 - 12113
Sanitary Sewer
Project #
Project Title
FY 2009 FY 2010
FY 2011
FY 2012
FY 2013
3600-1905
N. County Sewer Expansion
671,112 42,791
1,076,795
333,783
1,004,409
3600-3615
N. County Wastewater Plant
250,000
15,000,000
12,750,000
3600-3646
Indrio Road Force Main
1,000,000
2,000,000
3600-300
N. County Wastewater Main Extension
200,000 200,000
200,000
300,000
200,000
3602-3636
N Hutch. Wastewater Plant Expansion
2-886,999
3,098,G99
1,909,999
500,000
3,500,000
3,300,000
3602-3639 N, Hutchinson Force Main Expansion
3603-300 Airport Water/Sewer System Improvements
4115-38008 South 26th St MSB U (Sewer)
4115-38016 Atlantic Beach Blvd MSBU-Sewer
Total
300.000
60,000 60,000
54,352 54,352
20,602 20,602
1,006,066 2,877,745 8,326,795 20,933,783 15,954,409
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate fair share
eligibility will be made by the County during the site development application process.
17
A CIE ANNUAL UPDATE
- FY 08109 - 12/13
Solid Waste
Project # Project Title FY 2009 FY 2010 FY 2011 FY 2012 FY 2013
There are no public funded improvements programmed
for Solid Waste during FY 2008109 - 2012113
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related
proportionate fair share eligibility will be made by the County during the site development application process.
18
CIE ANNUAL UPDATE
FY 08109 - 12113
Parks & Recreation
Project # Project Title FY 2009 FY 2010 FY 2011 FY 2012 FY 2013
7420-7655
New Fairgrounds Capital Improvement
Wastewater Expansion - Tank
377,250
7210-75008
Open Space Park -Maintenance Improve.
Interactive Fountain
181,925
7210-75009
Lawnwood Rec Area Maint Improvements
Baseball Restrooms/Concession
401,347
7210-7664
St Lucie Village Heritage Trail
Land Acquisition
300,000
7210-7692
Lakewood Park Traffic Decel & Turn Lane
Emerson Sidewalk
201,210
7210-1905
Projects To Be Determined CIP
See Note Below
988,662
1,048,195
7210-3631
10-Mile Creek
Trail & Campsite Improvements
150,000
7210-75008
Open Space Park -Maintenance Improve.
Pop Warner Pressboc & Concession Stand
450,099
139,667
7210-7610
South Causeway Improvement Project
Design & Permitting
2.99,57$
202,382
7210-7690
Boys & Girls Club Rec. Facility
550,000
7210-7696
ADA Special Needs Park
375,000
7210-7697
Martin Luther King Jr./Dreamland Park
Soccer Field, Interactive Fountain - Grant Match
200,000
7216-760046
Lincoln Park Community Center Improve
47,100 2,000,000
7240-7601
Northport Improvements
River Park Marina Environmental Mitigation
399;899
67,766
7420-76550
New Fairgrounds Capital Imp II
Arena Restrooms/Concession & Office Bldg
599;599
676,409
7516-1905
Projects To Be Determined CIP
South County Stadium
92,000
7516-79502
Const. S County Regional Stadium
See Note Below
3,000,000
7210-7610
South Causeway Improvement Project
Design & Permitting- FIND Grant Match
168,202
7210-760018
Dan McCarty Parking Lot
Soccer Field Improvements
265,000
7210-760046
Lincoln Park Community Center Improve,
59,000
7240-2614
Gymnasium/Special Needs Shelter
101,620
7420-7655
New Fairgrounds Capital Imp
Wastewater Expansion - Tank
258'l;25
493,400
7420-76550
New Fairgrounds Capital Imp Il
Arena Restrooms/Concession & Office Bldg
217,911
7210-7698
Summerlin Boat Dock
Expansion of T Dock- Find Grant Match
100,000
75201-700
Culture/Recreation
Tradition Field Projects (Elevator Awnings - 100K)
161-818
208,150
Total
12,065,451 2,000,000
NOTE: Funds may be utilized for South County Stadium improvements resulting in reduced loan
0 0 0
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate fair share
eligibility will be made by the County during the site development application process.
19
.+ 1_ CIE ANNUAL UPDATE
FY 08109 - 12/13
Transportation -County Roads
Funding Current Total Cost
Project # Project Title FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 09, - 111 - LOS' Estimate •••
4112-4906
Unincorportated Bike Paths/Sidewalks
550,267
550,267 N/A
4113-4101
Phase I Prima Vista (US1-RioMar)
789,013
789,013 N/A
4113-4122
Midway Rd/S. 25th to Turnpike
7,850,000
7,850,000 E
4113AI23
Kings Hwy@Orange Ave Intersect Imp
2,500,000
2,500, 000 D
4113-4169
Lennard Rd. R/W Acquisition
411,292
411,292 E
4113-4176
Kings Hwy and Angle Road Study ^
4,236,478
4,236,478 D
4113-4178
Kings Hwy (SR 70 to U.SA)
725.000
725,000 D
4113-43106
St. James Drive Sidewalk
400,000
55,000
55,000 N/A
4113-44001
Kings Hwy/Indrio Rd. Signal -Modify •'
3,500,000
3,500.000 D
4113-470
Sidewalks 8 Bikepaths
1,100,000
1,100,000 N/A
4113-4700
Juanita Avenue Sidewalk/Bike Paths
1,400,000
1,400,000 C
4113-4702
Angle Road Sidewalk
1,500,000
1,500,000 C
4115-45D2
N Lennard Road MSBU
115,169
115,169 E
41154123
Kings Hwy@Orange Ave Intersect Imp ^
295,608
295.608 D
4115-4410
1-95@W Midway Rd Interchnge (E Side)
202.526
202,526 E
4116-41003
Jenkins Rd (End Wal-Mart to Edwards)
1,318,250
1,318,250 N/A
4116-41011
Walton Rd (Village Green-Lennard)
2,522,896 1.408,000
3,930,896 D
4116-4104
Midway(U. S. 1-25th)
224,082
224,082 F
4116-4108
S. 25th St. -Phase 1
3,706,820
3.706,820 C
41164109
S. 25th St. -Phase 2
304,130
304,130
4116-4118
Midway Rd-W of Trnpk Brg E to S.25thSt
5,863,421
5,863,421 E
4116-4122
Midway Rd/S. 25th Turnpike
275,000
4116-4123 Kings Hwy@Orange Ave Intersect Imp "
4116-4164 Glades Rd 8 Selvitz
4116-4165 Midway Rd. 8 Weatherbee Rd
41164169 Lennard Rd. R/W Acquisition
41164172 Lennard Road Phase 2
4116-4174 Kings Hwy Widening (Angle to SR 70) "
4116-4176 Kings Hwy and Angle Road Study "
4116-44001 Kings Hwy/Indrio Rd. Signal -Modify "
4116-440015 Midway 8 Selvitz Signals
4116-440016 Kings Hwy at St. Lucie Blvd
4116-44011 Angle Rd/Ave 0 Intersection
41164700 Juanita Avenue Sidewalk/Bike Paths
4116-4906 Unincorportated Bike Paths/Sidewalks
4116-4908 North Hutchinson Isle Bike Paths
Total
8,500,000
700,000
700,000 E
167,252
2,500,000
167,252 D
8,800,000
850,000
850,000 C
150.000
2,000,000
150,000 E
3,895,669
2,140,000
6,035,669 N/A
13,000.000
2,000,000
2,000,000 E
1,500,000
1,500,000 D
250,000
6.500.000
250,D00 D
12,500,000
328,500
3,500,000
328,500 D
6,500,000
10Q000
100,000 E
1,500000
1,500,000
1,500,000 D
4,000,000
275,000
275,000 C
100,000
100,000 N/A
422,217
422,217 N/A
110,189
110,189 N/A
50,243,779
5,198,000
0 16,ODO,000
0 55,066,779
- the Level Of Service (LOS) will improve to a
LOS "D" or better condition with each improvement
- Kings Highway is a State arterial with an adopted
LOS "D" standard
- funding within the 5 -year timeframe may not represent the total construction cost necessary to
implement the project
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County
during the site development application process
20
CIE ANNUAL UPDATE
FY 08109 - 12113
Transportation -State Roads
Current
Project #
Project Title
Phase
Fund FY 2009 FY 2010
FY 2011
FY 2012 FY 2013 LOS'
KINGS HWY FIR SR-70 (al TPK TO S. OF I-
2302562
95 OVERPASS, ADD LANES
PE
DIH
130,000
D
PE
LF
1,285,000
PE
TRIP
1,285,000
KINGS HWY FIR S. OF I-95 OVERPASS
2302563
TO NDRIO RD, ADD LANES
PE
DIH
2O0,000
D
PE
LF
1,635,000
PE
TRIP
1,635.000
2302564
KINGS HWY FIR S OF INDRIO TO US-1
PE
DIH
138.60C
C
PE
LF
1,330.00
PE
TRIP
1330000
SR-70 FIR OKEECHOBEE C/L TO MP
2302622
5.871, ADD LANES
RRU NHAC
CST DI
CST NHAC
94-,625,4-44
SR-70 FIR MP 5,860 TO MP 10.216, ADD
2302623
LANES
RRU NHAC
CST NHAC
59,767-224
ST. LUCIE COUNTY SE ENHANCEMENT
2302802
PROGRAM, IMPROVEMENTS
CST SE
CST SE
US-1 FIR RIO MAR DR TO N OF MIDWAY
2302852
RD, ADD LANES
INC DS
665,000
US-1 FR N, OF MIDWAY RD TO N. OF
2302883
EDWARDS RD, ADD LANES
ROW DIH
ROW DS
ROW EB
CST DS
W. MIDWAY RD, FIR S. 25TH ST. TO US-
2314402
1, ADD LANES
PE HPP
1,422,067
PE )(A
1,182,000
ROW DSF
ROW EB
ROW LFF
ROW XA
ROW XL
CST DDRF
CST LFF
CST xU
168,020 6
29, 525.000
52, 763, 509
292,209 B
58, 559, 070
7-92;989 954, i 98
139,688 858,100 830,000 N/A
E
272,091 E
1,000,000 4,362,637 2,571,000
6,076,680
2,000000
319,206 8;189,564
2831.95 1,851,000
319.206
6, i86,90B 4,228,141 4,564,630
2, 894,587
304,364
304,364
2,760,000
F
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate fair share
eligibility will be made by the County during the site development application process_
21
°..
CIE
ANNUAL UPDATE
-'
FY 08109 - 12113
Transportation
State Roads Cont.
Current
Project p
Project Title
Phase Fund
FY 2009
FY 2010
FY 2011
FY 2012 FY 2013 LOS
ST LUCIE SIGNAL MAINTENANCE & OP
4047421
ON STATE HIGH., TRAFFIC SIGNALS
OPS DDR
136,000
142,000
149,000
155,000 157,000 N/A
FT PIERCE SIGNAL SYS TRAFFIC
SIGNAL OPERATIONS, TRAFFIC
4066102
SIGNALS
OPS DS
107,000
110,000
116,000
121,000 N/A
FT PIERCE SIGNAL SYS TRAFFIC
SIGNAL OPERATIONS, TRAFFIC
4066103
SIGNALS
OPS DS
126,000 N/A
ST LUCIE CO SIGNAL SYS ENHANCED
OPERATIONS, TRAFFIC SIGNAL
4097302
UPDATE
CST DDR
50,000
50,000
50.000
50,000 N/A
ST LUCIE CO SIGNAL SYS ENHANCED
OPERATIONS, TRAFFIC SIGNAL
4097303
UPDATE
CST DDR
82,000 N/A
PT ST LUCIE SIGNAL SYS, ENHANCED
OPERATIONS, TRAFFIC SIGNAL
4097312
UPDATE
CST DDR
67,000
70,000
74,000
78,000 N/A
PT ST LUCIE SIGNAL SYS, ENHANCED
OPERATIONS, TRAFFIC SIGNAL
4097313
UPDATE
CST DDR
82.000 N/A
WALTON RD FR VILLAGE GREEN DR,
4102561
TO LENNARD RD, ADD LANES
CST DDRF
294,360
D
CST LFF
294,360
CST SU
2,443308
CST SU
2,669,280
LENNARD RD. FR WALTON ROAD TO
4102621
SILVER OAK DR, ADD LANES
CST DDRF
1,216,110
E
CST LFF
1,216,110
CST XU9,94;,a09
a-94 ,59
11,027,780
SR-70 FR KINGS HWYTO JENKINS RD,
4107171
ADD LANES
PE DDR
C
ROW DIH
33,120
ROW GMR
271,169
CST DIH
159,033
CST GMR
19,216,085
CROSSTOWN PARKWAY -THIRD E/W
CROSSING FR MANTH LANE TO US-1,
4108441
PD&E EMO STUDY
PE BRAC
8,874,000
N/A
PE HPP
2,133,100
ROW BRAC
10,300,000
ROW DDRF
539,277
ROW EBBP
826,000
ROW LFF
539,277
ROW XA
4,333,334
ROW XU
4,890,197
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate fair share
eligibility will be made by the County during the site development application process.
22
CIE ANNUAL UPDATE
FY 08109 - 12113
Transportation State Roads Cont.
Current
Project #
Project Title
Phase Fund
FY 2009 FY 2010 FY 2011
FY 2012 FY 2013 LOS
1-95 FR OKEECHOBEE RD TO INDRIO
RD, ADD LANES 8 REHABILITATE
4130461
PVMNT
PE DI
270,000
D
RRU EBNH
1,OD0,000
INC NHAC
2,000,000
DSB NHAC
110,516,672
US-1 FR S. OF EMIL RD TO TAYLOR
4138471
CREEK BRIDGE, RESURFACING
CST EB
159,250
D
INC DDR
312,000
KINGS HWY FR E OF SP LK BLVD TO SR-
4152931
5/US-1, RESURFACING
CST DIH
143,085
D
CST IDS
1.609,921
OKEECHO RD FR E. OF 10 MI CREEK TO
4152981
E OF TPK BRIDGE, RESURFACING
CST XA 9,629,;96
B
CST XA 5.807,205
INA XA
246,000
PT ST LUCIE FR TPK TO PETUNIA AVE,
4153021
RESURFACING
CST DDR
2,013,185
D
CST DIH
125,486
CST IDS
3,139,152
INC DS
226,000
EMERSON AVE FR C OUNTYLINE
4180411
SOUTH, SIDEWALK
CST LF
307,800
N/A
CST SE
192,200
SR-A1A FR MARTIN CO LINE TO MP
4196531
3.08, RESURFACING
CST XA
3.670,089
C
SR-AtA FR MP 3.08 TO MP 5,70,
4196532
RESURFACING
CST XA
4,404,248
CST XA
2,465337
C
SR -Al A FR MP 3.08 TO MP 5,07,
4196533
RD/SLOPE PROTECTION
CST DDR
4,248.870
C
CST DIH
40,117
1-95 FR MP .739 TO MP 15.379,
4197151
RESURFACING
CST EBNH 2O,744,550
D
INC EBNH
900,000
1-95 FR MP 0.000/6.018 TO MP 73917,131
4197152
RESURFACING
CST EBNH
5,384,385
D
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate fair share
eligibility will be made by the County during the site development application process.
23
ti -
°i. CIE ANNUAL UPDATE
FY 08109 - 12113
Transportation State Roads Cont.
Current
Project # Project Title Phase Fund FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 LOS
SR-A1A BRIDGE # 940085, BRIDGE-
4213141
REPAIR
PE
DIH
10.000
C
CST
BRRP
1.858,541
CST
DIH
171,165
ST JAMES DR FIR OXBOW ENVIRONTL
CTR TO RIVER'S EDGE ELEM SCH, BIKE
4221711
LANE/SIDEWALK
CST
LF
120,000
C
CST
SE
201,000
ANGLE RD-ORANGE AVE NORTH 53RD
4221991
ST, SIDEWALK
LAR
ACSE
440,000
C
1-95 FIR MARTIN C/L TO SR-70,
4226812
PDBE/EMO STUDY
PDE
NHAC
2,900,000
C
SR-AlA FIR OCEAN HARBOUR DR TO
4228421
INDIAN RIVER C/L SIDEWALK
CST
DIH
140,058
N/A
CST
IDS
1.233.986
ST LUCIE CO PED/SIDEWALK RESERVE
4228701
FOR MPO, SIDEWALK
CST
DDR
200,000
200,000
200,000 N/A
US-1 FR MP 20.89 TO SLC LINE,
4229541
RESURFACING
PE
DIH
80,000
B
CST
DDR
963,311
CST
DIH
126,195
SR-70 FIR JENKINS RD TO US-1,
4229561
RESURFACING
PE
DIH
100,000
C
CST
DIH
908,584
CST
IDS
9,434,922
KINGS HWY FIR iNDR10 RD TO E. OF SP
4229571
LK BLVD/MP9.5, RESURFACING
PE
DDR
350,000
D
PE
DIH
35,000
CST
DDR
21513,379
CST
DIH
285,269
ORANGE AVE FIR WEST OF 1-95 TO 4,5
4230221
MILES, SAFETY PROJECT
PE
HSP
300,000
N/A
CST
HRRR
1,000,000
CST
HSP
1,931,304
SR-A1A FIR EMERGENCY CROSSING TO
4230341
COUNTY LINE ST LUCIE, RESURFACING
PE
DDR
250,000
C
PE
DIH
25,000
CST
DDR.
1,315,752
CST
DIH
149,339
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate fair share
eligibility will be made by the County during the site development application process.
24
CIE ANNUAL UPDATE
FY 08109 - 12113
Transportation State Roads Cont.
Current
Project k Project Title Phase Fund FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 LOS
SR-5 @ PORT ST LUCIE BLVD, SAFETY
4231151
PROJECT
PE
DIH
15,000
N/A
PE
DS
150,000
CST
HSP
646,646
13TH ST FIR VIRGINIA AVE TO AVE 0.,
4231961
SIDEWALK
CST
SR2S
678,848
N/A
WEATHERBEE RD FIR US-1 TO MIDWAY
4231971
RD, SIDEWALK
PE
SR2S
153,000
N/A
CST
SR2S
1,099,200
14TH ST BRIDGE OVER MOORE'S
CREEK, PEDESTRIAN SAFETY
4238151
IMPROVEMENT
CST
LF
444,000
ANGLE RD SIDEWALK AND
SIGNALIZATION PROJECT,
4238171
PEDESTRIAN SAFETY IMPROVEMENT
CST
LF
1,060,000
C
CST
SE
400,000
4239781
MIDWAY RD RAIL, SAFETY PROJECT
RRU
RHP
280,730
NIA
4239791
WALTON RD. RAIL, SAFETY PROJECT
RRU
RHP
159,810
NIA
4239841 KINGS AT ORANGE, ADD TURN LANE(S) CST CIGP 2,000,000 D
CST LF 2,000,000
4241431 KINGS AT INDRIO, ADD TURN LANE(S) ROW LF 2,500,ODO D
ROW TRIP 2,500,000
Total210,923,130 170.663,412 92,996,399 115,378,367 67,404,798
Phase
PE = design
ROW = right-of-way acquisition
CST = construction
RRU = rehabilitation
OPS = traffic signal operations
INA = inspection
INA = inspection
CBS = federal highway construction
FIDE = project development and environmental
adopted Level Of Service for Slate Arterials
is Peak Hour/Direction "D". Each project will
either achieve or maintain a LOS "D" or better condition
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development related proportionate fair share
eligibility will be made by the County during the site development application process.
25
CIE ANNUAL UPDATE
FY 08109 - 12/13
Transportation -Mass Transit
Project # Project Title Phase Fund FY 2009 FY 2010 FY 2011 FY 2012 FY 2013
US-1 FIXED ROUTE, URBAN
4114051 CORRIDOR IMPROVEMENTS
CAPITAL ASSISTANCE -CAPITAL
4134941 FOR FIXED ROUTE
ST. LUCIE WEST ROUTE,
4239301 OPERATING FOR FIXED ROUTE
4243881 PURCHASE BUSES
OPS DPTO 300,000
CAP FTA 1,140,000 1,140,000
OPS IDS 250,000
OPS LF 250,000
CAP FTA 217.360
Total 2,157,360 1,140,000 0 0 0
The funding amount programmed during FY 08109-12/13 may not represent thetotal construction cost for each project. Ste development related proportionate fair share eligibility will be
made by the County during the site development application process.
26
CIE ANNUAL UPDATE
l FY 08109 - 12113
Schools
Project Title FY 2009 FY 2010 FY 2011 FY 2012 FY 2013
New High School AAA
New High School BBB
New K8 School FF (Old BB)
(Southbend)
New K8 School GG (Old CC)
Add 6-8 to PLSE 20,000,000
New K8 Allapattah Flats (School EE) 52,350,249
Total 72,350,249
107,685,358
118,723,107
15,948,685 45,755,772
64,789,869
172,475,227 15,948,685 164,478,879 0
The funding amount programmed during FY 08/09-12/13 may not represent the total construction cost for each project. Site development
related proportionate fair share eligibility will be made by the County during the site development application process.
27
ITEM NO. VIII
DATE: 4/28/09
COUNTY
• R I • A AGENDA REQUEST REGULAR (X )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
TO:
SUBMITTED BY:
SUBJECT:
CONSENT
PRESENTED BY:
Jeffrey Johnson
Senior Planner
Major Site Plan approval for Denedios Holdings, LLC
BOARD OF COUNTY COMMISSIONERS
Growth Management Department
BACKGROUND: The proposed development consists of an 8,000 square foot, industrial
(manufacturing use) building on a parcel approximately five (5) acres in size. The
size structure would normally be processed as a Minor Site Plan. However, the
site plan as designed will leave more than one (1) acre of undeveloped or vacant
land. Therefore, in accordance with Section 11.02.02.C.5, this application shall be
processed as a Major Site Plan and, as such, is required to be presented to the
BOCC at a regular public meeting.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of Draft Resolution No. 09-019, granting Major Site Plan approval
for the project to be known as Denedios Holdings, LLC.
COMMISSION ACTION:
APPROVED ( )
( ) OTHER
Approved 5-0 Motion to approve with
amendment to allow a wooden fence with a caveat
that there will be additional landscaping in the
north section.
L
County Attorney ( )
County Engineer ( )
Originating Dept. ( )
DENIED
Coordination/Signatures
Daniel S. McIntyre
V
Mi hael Powley
-- 9UA.Iff
Mark Satterl
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
County Surveyor ( ) .,0&7"
Ron Harris
ERD
VJ Karen Smith
Aer �6r
Commission Review: April 28, 2009
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, �1��nrrgement Director
Kristin Tetsworth�
FROM: Jeffrey Johnson, Senior Planner
DATE: April 28, 2009
SUBJECT: Petition of Denedios Holdings, LLC for major site plan approval for the
construction of an 8,000 square foot industrial building (manufacturing
use) on an approximately five (5) acre parcel.
ITEM NO.: VIII
Applicant: Denedios Holdings, LLC Agent: Friscia Engineering
1985 Mooring Line Drive 459 Prima Vista Blvd.
Vero Beach, FL 32963 Pt. St. Lucie, FL 34983
Location: On the west side of Hammond Road, approximately 1/3 mile north of the
intersection of St. Lucie Boulevard and Hammond Road.
SUBJECT PROPERTY
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Underlying Zoning District: IL (Industrial, Light)
Overlay Zoning District: Airport Overlay Zone
Future Land Use: MXD (Mixed Use Development)
Parcel Size: Approximately 5 acres
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April 28, 2009 Subject: Denedios Holdings, LLC - Major Site Plan
Page 2 File No.: MJSP 820081511
SURROUNDING ZONING
North: IL (Industrial, Light)
South: IL (Industrial, Light)
East: U (Utilities)
West: IL (Industrial, Light)
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April 28, 2009 Subject: Denedios Holdings, LLC - Major Site Plan
Page 3 File No.: MJSP 820081511
SURROUNDING FUTURE LAND USES
North: MXD, Mixed Use Development
South: MXD, Mixed Use Development
East: T/U, Transportation/Utilities
West: MXD, Mixed Use Development
FUTURE LAND USE MAP
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April 28, 2009 Subject: Denedios Holdings, LLC - Major Site Plan
Page 4
File No.: MJSP 820081511
ADJACENT EXISTING OR PROPOSED DEVELOPMENT
North:
Existing Business (Access Door Supply) and
Accessory Single Family Dwelling Unit
South:
Vacant
East:
St. Lucie County International Airport
West:
Vacant
2005 AERIAL PHOTOGRAPH
April 28, 2009
Page 5
PROJECT DESCRIPTION/ANALYSIS
Subject: Denedios Holdings, LLC - Major Site Plan
File No.: MJSP 820081511
The applicant, Denedios Holdings, LLC is requesting major site plan approval for the
construction of an 8,000 square foot building for the manufacturing of water treatment
systems for marine industries, on a parcel approximately five (5) acres in size located on
the west side of Hammond Road, approximately one-third of a mile north of the
intersection of St. Lucie Boulevard and Hammond Road. The underlying zoning district
for the property is IL (Industrial, Light) which is compatible with the MXD (Mixed Use
Development) future land use designation. The subject property lies within the Airport
Overlay Zone District. Section 4.00 (Airport Overlay Zones) of the Land Development
Code establishes standards that properties must adhere to in order to preserve and
protect the operational aspects of the airport and adjacent properties.
As depicted on the site plan, the applicant is proposing to develop the front 1.65 acres of
the parcel adjacent to Hammond Road. The existing vacant structures (a single family
residential home and 2 accessory structures) lying outside the limits of development as
shown on the site plan, will remain. The applicant currently has no plans to demolish or
refurbish these structures at the present time. Due to the fact that the site plan will
render more than one (1) acre of undeveloped or vacant land, this development
application, in accordance with Section 11.02.02.C.5. shall be processed as a Major Site
Plan, and as such, is required to be presented to the BOCC at a regularly scheduled
public meeting. Furthermore, it should be noted that future development of the site
under current Land Development Code requirements could accommodate up to
approximately 109,000 square feet of industrial building footprint, exceeding the 25,000
square foot threshold required for major site plans as stated in Section 11.02.02 of the
Land Development Code.
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
Section 11.02.07, of the St. Lucie County Land Development Code identifies the
minimum Standards of Review for all proposed Site Plans. These standards must be
met in order for any site plan approvals to be considered. Staff has reviewed the
request for Major Site Plan approval, utilizing these requirements and notes the
following:
A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN
The proposed building or use is consistent with the general purpose,
goals, objectives, and standards of this Code, the St. Lucie County
Comprehensive Plan, and the Code and Compiled Laws of St. Lucie
County; and the proposed use complies with all additional standards
imposed on it by the particular provisions of this Code authorizing such
use and any other requirement of the Code and Compiled Laws of St. Lucie
County.
April 28, 2009
Page 6
Subject: Denedios Holdings, LLC - Major Site Plan
File No.: MJSP 820081511
The proposed final site plan is consistent with the general purpose, goals,
objectives and standards of the St. Lucie County Land Development Code, the
St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St.
Lucie County.
B. EFFECT ON NEARBY PROPERTIES
1. The proposed building or use will not have an undue adverse effect
upon nearby property, the character of the neighborhood, traffic
conditions, parking, utility facilities, and other matters affecting the
public health, safety, and general welfare.
The proposed project is surrounded by industrial zoned property to the
north, west and south. The St. Lucie County International Airport lies to
the east. The applicant has carefully designed the proposed project so
as not to have an undue adverse effect upon nearby properties. All
manufacturing activities will take place inside the one-story (25-foot high)
building and there will be no open air outdoor storage of goods or
materials. The vehicle use area is screened from the occupied property
to the north via an eight (8) foot high masonry wall that will be setback
approximately five (5) feet from the north property line.
The proposed project is located within the Airport Overlay Zone and is
within 1,000 feet of the St. Lucie County International Airport. The
applicant has provided a letter of determination of no hazard to air
navigation from the Federal Aviation Administration.
2. All reasonable steps have been taken to minimize any adverse effect
of the proposed building or use on the immediate vicinity through
building design, site design, landscaping, and screening.
All reasonable steps have been taken and the proposed project is not
expected to adversely impact the surrounding properties. All
manufacturing activities will remain indoors. The eight (8) foot high
masonry wall with the treatment of shade trees (live oaks) and a row of
hedges on each side of the wall along the north property line provides for
adequate screening of the vehicle use areas and will assist to reduce any
noise impacts.
3. The proposed building or use will be constructed, arranged, and
operated so as not to interfere with the development and use of
neighboring property, in accordance with applicable district
regulations.
As shown on the site plan, the proposed building is arranged so as not to
interfere with the development and use of neighboring property. All
"backside" activities (loading zones, overhead doors and dumpster
enclosure) are placed appropriately so as to not have an adverse effect
on the adjacent single family residential dwelling unit to the north. As
April 28, 2009 Subject: Denedios Holdings, LLC - Major Site Plan
Page 7 File No.: MJSP 820081511
mentioned above, these activities will be screened via an eight (8) foot
high masonry wall with adequate landscaping.
C. ADEQUACY OF PUBLIC FACILITIES
The proposed building or use complies with the standards of Chapter V,
Adequate Public Facilities.
Water Supply and Solid Waste
The Fort Pierce Utilities Authority (FPUA) will provide the proposed project with
potable water. Wastewater service will be provided by an on site septic system
that is required to be regulated by the St. Lucie County Health Department.
Drainage
The property is located in Flood Zone X, an area determined to be outside the
five hundred (500) year flood plain (FEMA Map Number 12111 C0175F, Effective
Date: August 19, 1991). All construction activities will be in accordance with the
applicable St. Lucie County and South Florida Water Management District
permitting standards and regulations.
Transportation Impacts:
RIGHT-OF-WAY ADEQUACY: Hammond Road has an existing 60 foot right-of-
way. An additional ten (10) feet of right-of-way has been requested by Public
Works for the construction and placement of a five (5) foot wide sidewalk as
shown on the site plan.
The proposed project will generate 6, p.m. peak hour trips (3 in each east/west
direction of Orange Avenue) and will impact the St. Lucie Boulevard @ Kings
Highway intersection. This trip generation will be mitigated with the payment of
road impact fees in an amount that is approximately $4,100.00. The applicant is
required to pay the road impact fees prior to the issuance of a building permit.
D. ADEQUACY OF FIRE PROTECTION
The applicant has obtained from the St. Lucie County Bureau of Fire
Prevention written confirmation, or has otherwise demonstrated by
substantial credible evidence, that water supply, evacuation facilities, and
emergency access are satisfactory to provide adequate fire protection.
The applicant has obtained St. Lucie County Bureau of Fire Prevention written
confirmation on February 19, 2009 that the site plan complies with applicable fire
protection requirements. Fire Station #4 (2850 Aviation Way), is located
approximately 2 miles to the east of the subject property. It should be noted that
the proposed building will be required to meet all applicable fire and building
codes.
April 28, 2009
Page 8
E. ADEQUACY OF SCHOOL FACILITIES
Subject: Denedios Holdings, LLC - Major Site Plan
File No.: MJSP 820081511
The proposed building or use will be served by adequate school facilities.
The proposed project involves an industrial manufacturing use; therefore, no
school facilities will be impacted by this development.
F. ENVIRONMENTAL IMPACT
For developments required to provide an environmental impact report
under Section 11.02.09(A)(5), the proposed development will not
contravene any applicable provision of the St. Lucie County
Comprehensive Plan, or of Chapter VI11, "Natural Environment Analysis", of
the St. Lucie County Barrier Island Study Analysis of Growth Management
Policy Plan.
An environmental impact report has been reviewed by the Environmental
Resources Department. The existing and proposed site development conditions
are as follows:
Existing Conditions:
The parcel proposed for this development is characterized by numerous large
live oaks, pines, and cabbage palms. Field reconnaissance by ERD staff found a
small pond on -site, though no wetlands or listed species were observed. As the
site is located within a scrub jay habitat buffer as defined by the US Fish and
Wildlife Service (FWS), ERD required that scrub jay surveys be performed per
SLC Comprehensive Plan Policy 8.1.12.5. On March 13, 2009, ERD received a
description of survey methods and results meeting FWS survey protocols,
indicating that scrub jays were not utilizing the subject parcel.
Proposed Development:
The proposed Phase 1 development has been limited to the easternmost extent
of the parcel. All nine (9) palms to be impacted by Phase 1 development are
proposed for on -site relocation. Tree preservation within the Phase 1
development area totals 337" of pines and oaks and seven (7) cabbage palms.
This tree preservation, when combined with an additional 124" of oaks to be
preserved west of the Phase 1 development area, serves as mitigation for the
460" of oaks proposed for removal during Phase 1 development. As previously
mentioned, appropriate landscaping, along with an eight (8) foot high masonry
wall, has been provided on the Landscape Plans to screen residential uses to the
north.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION
The Development Review Committee (DRC) has reviewed this petition and determined
that it conforms to the standards of review as set forth in the St. Lucie County Land
Development Code and is not in conflict with the goals, objectives, and policies of the St.
Lucie County Comprehensive Plan.
April 28, 2009 Subject: Denedios Holdings, LLC - Major Site Plan
Page 9 File No.: MJSP 820081511
Attached is a copy of Draft Resolution No. 09-019 which, if adopted, would grant the
requested Major Site Plan approval (with conditions) for the project to be known as
Denedios Holdings, LLC.
Please let me know if you have any questions.
SUBMITTED:
2 t; n-. D '
U.
ar Matterlee, AICP
Growth Management Director
Attachments:
Environmental Resources Companion Report
Draft Resolution 09-019
Development Application
Major Site Plan
Landscape Plan
Coca NTY
f L Q R I D A
Environmental Resources
Department
Agenda Item Companion Report
TO: Board of County Commissioners
FROM: Yvette Alger
Environmental Resources Department
DATE: April 7, 2009
RE: Denedios Holdings Major Site Plan
DEPARTMENT COORDINATION
GM requested ERD input on the proposed Major Site Plan. ERD has visited the site and
coordinated with the applicant and GM during site plan review.
FRn INPIIT
ERD input, including conditions of approval, have been incorporated into the GM staff
report.
ERD RECOMMENDATION
ERD has no objection to the GM recommendation of approval.
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RESOLUTION NO. 09-019
FILE NO.: MJSP 820081511
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING
DENEDIOS HOLDINGS, LLC., MAJOR SITE PLAN APPROVAL FOR THE
PROJECT TO BE KNOWN AS DENEDIOS HOLDINGS, LLC., IN THE IL
(INDUSTRIAL, LIGHT) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED
IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Denedios Holdings, LLC., presented a petition for Major Site Plan Approval to allow for the
construction of an 8,000 square foot industrial building in the IL (Industrial, Light) Zoning
District for the property depicted on the attached map in Exhibit A, and described in Part B
below.
2. The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet the minimum technical requirements of the St. Lucie County Land
Development Code and to be consistent with the future land use maps from the St. Lucie
County Comprehensive Plan.
3. The proposed project is consistent with the general purpose, goals, objectives and
standards of review of the St. Lucie County Land Development Code, the St. Lucie
County Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
4. The proposed project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities, or other matters
affecting the public health, safety and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect of the proposed
project on the immediate vicinity through building design, site design, landscaping, and
screening.
6. The proposed project will be constructed, arranged and operated so as not to interfere
with the development and use of neighboring property, in accordance with applicable
district regulations.
7. Water service for the proposed project will be provided by Fort Pierce Utility Authority and
a septic system will be installed with permit approval from the St. Lucie County Health
Department.
8. The applicant has applied for and received a certificate of capacity, a copy of which is
attached to this order as Exhibit B, as required under Chapter V, St. Lucie County Land
Development Code.
File No: MJSP 820081511
April 28, 2009
Resolution No. 09-019
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.02.07 of the St. Lucie County Land Development Code, the site
plan for the project to be known as Denedios Holdings, LLC., is hereby approved as
depicted on the site plan drawings for the project prepared by Friscia Engineering dated
January 20, 2009, and date stamped received by the St. Lucie County Growth
Management Director on March 30, 2009, for the property described below, subject to the
following conditions:
Within ninety (90) days of the date of the approval, the petitioner, his/her
successors or assigns, shall dedicate and convey to St. Lucie County, in manner
and form acceptable to the St. Lucie County Attorney, ten (10) feet of additional
right-of-way for the expansion of Hammond Road along the east line of the
adjacent property line of the subject property. A Florida Licensed Surveyor shall
prepare a sketch and legal description of the right-of-way donation. Additional
requirements associated with the right-of-way include proof of ownership and
Phase 1 Environmental Audit certified to the Board showing no evidence of
hazardous waste contamination on the right-of-way parcel. Said dedication shall
be by general warranty deed, free and clear of all liens and encumbrances. To the
extent permitted under the County's Code and Complied Laws, such dedication
may be considered eligible for Road Impact Fee Credits.
2. There shall be no open outdoor storage of materials or goods on the property, with
the exception of serviceable vehicles.
3. There shall be no wall signs constructed on the north building elevation facing the
existing single family home.
4. Prior to the issuance of a building permit, the petitioner, their successors or
assigns shall have entered into an enforceable utility service agreement with the
Fort Pierce Utility Authority to ensure the provision of water services. This
agreement shall be in a form consistent with the Fort Pierce Utility Authority's
regulations regarding utility service extensions and service provisions.
5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
execute an improvement agreement, acceptable to St. Lucie County, covering the
cost of all required landscaping, tree relocation, irrigation, and related
improvements as shown in the Site Plan. A copy of this agreement can be
obtained by visiting the St. Lucie County Environmental Resources Department
website at: httP://www.stiucieco.org/erd/index.htm.
6. The applicant shall comply with all state and federal agency regulations and
requirements. Prior to issuance of a Vegetation Removal Permit or Exemption, the
applicant shall have obtained and provided St. Lucie County with all required
federal and state permits. If federal or state agency compliance requires
modification to the development plans, the applicant will promptly modify the plans
and submit to St. Lucie County for review and approval as required by the Land
File No: MJSP 820081511
April 28, 2009
Resolution No. 09-019
Page 2
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Development Code. The applicant will not use the County's development approval
to prevent compliance with any federal or state agency requirements.
B. The property on which this Major Site Plan is being approved is described as follows:
The South one-half of the North one-half of the South one-half of the Northeast
quarter of the Southwest quarter of Section 30, Township 34 South, Range 40
East, St. Lucie County, Florida, less rights of way for public roads and drainage
canals (Parcel ID Number: 1430-313-0002-0009)
C. The approvals and authorizations granted by this Resolution are for the purpose of
obtaining building permits on this property, and shall expire on April 28, 2011, unless the
developer has obtained building permits for the site plan described in Part A or an
extension has been granted in accordance with. Section 11.02.06.B.2., St. Lucie County
Land Development Code.
D. The Major Site Plan approval granted under this Resolution is specifically conditioned to
the requirement that the petitioners, including any successors in interest, shall obtain all
necessary development permtits and construction authorizations from the appropriate State
and Federal regulatory authorities, including but not limited to: the United States Army
Corps of Engineers, the Florida Department of Environmental Protection, and the South
Florida Water Management District, prior to the issuance of any local building permits or
authorizations to commence development activities on the property described in Part B.
E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid
for the period of Site Plan approval. Should the Site Plan approval granted by this
resolution expire or an extension be sought pursuant to Section 11.02.06.13.2. of the St.
Lucie County Land Development Code, a new certificate of capacity shall be required.
F. A copy of this resolution shall be attached to the site plan drawings described in Part A,
which plan shall be placed on file with the St. Lucie County Growth Management Director.
G. The St. Lucie County Growth Management Director is hereby authorized and directed to
cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie
County, Florida, and to make notation of reference to the date of adoption of this
resolution.
H. The conditions set forth in Part A are an integral nonseverable part of the site plan
approval granted by this Resolution. If any condition set forth in Part A is determined to be
invalid or unenforceable for any reason and the developer declines to comply voluntarily
with that condition, the site plan approval granted by this resolution shall become null and
void.
A copy of this resolution shall be mailed, return receipt requested to the developer and
agent of record. This resolution shall be recorded in the Public Records of St. Lucie
County. The recording of this resolution does not authorize the commencement of any on -
File No: MJSP 820081511
April 28, 2009
Resolution No. 09-019
Page 3
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site development activities without obtaining such further development permits as may be
required.
After motion and second, the vote on this resolution was as follows:
Chair Paula Lewis XXX
Vice -Chair Charles Grande XXX
Commissioner Chris Dzadovsky XXX
Commissioner Doug Coward XXX
Commissioner Chris Craft xxx
PASSED AND DULY ADOPTED this 28th day of April, 2009.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
m
Chairman
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
DEPUTY CLERK
File No: MJSP 820081511
April 28, 2009
COUNTY ATTORNEY
Resolution No. 09-019
Page 4
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File No: MJSP 820081511
April 28, 2009
Exhibit A
General Location Map
Resolution No. 09-019
Page 5
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Exhibit B
Certificate of Capacity
File No: MJSP 820081511
April 28, 2009
Resolution No. 09-019
Page 6
St Lucie County
Certificate of Capacity
Date 3/24/2009 Certificate No. 2804
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Resolution No. 09-019
Number of units 0 Number of square feet 8000
2. Property legal description & Tax ID no.
1430-313-0002-0009
113 mile north of Hammond/St. Lucie Blvd.
Denedios Holdings, LLC
3. Approval: Buildinq Resolution No. 09-019 Letter 04-28-09
4. Subject to the following conditions for concurrency:
As per Resolution No. 09-019.
Owner's name
Denedios Holdings, LLC
Address
1985 Mooring Line Drive
Vero Beach FL 32963
6. Certificate Expiration Date 4/28/2011
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed ` — Date: 3/24/2009
Growth Management Director
St Lucie County, Florida
Tuesday, March 24, 2009 Page 1 of 2
ST. LUCIE COUNTY
GROWTH MANAGEMENT
2300 Virginia Avenue, Ft. Pierce, FL 34982
Office: 772-462-2822 — Fax: 772-462-1581
co.st-lucie.fl.us/growth
DEVELOPMENT APPLICATION
Prior to submittal, all applications require a completeness review.
Please contact the Growth Management Department to schedule an appointment.
Submittal Type (check each that appliesl
Site Plan Variance 2
❑ Major Site Plan ❑ Variance
O Minor Site Plan D Variance to Flood Damage Prevention
❑ Major Adjustment to Major Site Plan ❑ Variance to Coastal Setback Line
❑ Major Adjustment to Minor Site Plan
❑ Major Adjustment to PUD/PNRD/PMUD
❑ Minor Adjustment to Major Site Plan
❑ Minor Adjustment to Minor Site Plan
❑ Minor Adjustment to PUD/PNRD/PMUD
Planned Development
D Punned Town or Village (PTV)
❑ Planned Country Subdivision (PCS)
❑ Planned Retail Workplace (PRW)
❑ Prelim. Planned Unit Develop. (PUD)
❑ Prelim. Planned Mixed Use Develop. (PMUD)
❑ Prelim. Planned Non -Res. Develop. (PNRD)
❑ Final Planned Unit Develop. (PUD)
❑ Final Planned Mixed Use Develop. (PMUD)
❑ Final Planned Non -Res. Develop. (PNRD)
Conditional Use 1
❑ Conditional Use
❑ Major Adjustment to a Conditional Use
❑ Minor Adjustment to a Conditional Use
Rezoning 3
❑ Rezoning (straight rezoning)
❑ Rezoning (includes PUD/PNRD/PMUD)
❑ Rezoning with Plan Amendment
Comprehensive Plan Amendment 4
❑ Future Land Use Map Change
❑ Comprehensive Plan Text Amendment
Other
❑ Class A Mobile Home 5
❑ Electrical Generation Plants
❑ Extension to Development Order
❑ Historical Designation/Change 6
❑ Land Development Code Text Amendment'
❑ Plat
❑ Resubmittal # 8
❑ Stewardships — Sending/Receiving
❑ Telecom Tower (Submit per LDC 7.10.23)
❑ Transfer of Development Rights
❑ Waiver of Parking Standards
Application Supplement Packages
1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment
2. Variance 5. Class A Mobile Home 8. Resubmittal
3. Rezoning 6. Historical Designation/Change
Refer to Fee Schedule for applicable fees.
For an application to be determined complete all required materials must be included at the
time of submittal along with the appropriate non-refundable fee(s). KeOelved By
Page 1 of 6
Revised June 19, 2008
AUG 13 2008
Growth Managerrpnt
FEE CALCULATION WORKSHEET
SITE DEVELOPMENT PLANS — GROWTH MANAGEMENT
Application Type: Minor Site Plan
Supplemental Application Package No.:
(Please provide separate fee calculation worksheet for each application type)
0 BASE REVIEW FEE: $ 1,700.00
0 CONCURRENCY FEE: $ 500.00
0 ERD REVIEW FEE: $ 100.00
0 PER ACREAGE CHARGE: $ 60.00
❑ RESUBMITTAL FEE: (if applicable) $ N/A
❑ PRE -APPLICATION MEETING FEE: $( 250.00)
Receipt No. of Payment: 94187
Date of Pre App: 07/24/08
TOTAL APPLICATON FEES DUE: $ 2,110.00
SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter
5.11:01 of the St. Lucie County Land Development Code
❑ $950.00 — Methodology Meeting
(If Applicable — for Major Site Plans and PUD only)
• Additional fees will be due if a 3`d party traffic study review is needed. These services will be
invoiced to applicant upon receipt of quote of services from 3rd party.
• Please note: For all projects requiring public notice, you will also be required to pay St. Lucie
County Growth Management for the actual cost of ad and mail notices, and will be responsible for
creation and placement of signage, including all costs associated.
Applicant Nam (Printed) Signature of plicant
Page 2 of 6
Revised June 19, 2008
Submittal Requirements
The following checklist is provided as a reminder.
Please see applicable code sections for more detailed submittal requirements.
All Submittals MUST be in complete folded and collated sets.
All applications must include the following:
0 Application, completed in black ink, with property owner signature(s) and notary seal (1 original
and 9 copies)
0 Aerial Photograph — property outlined (available from Property Appraiser's office
0 Property Deed
0 Legal description, in MS Word format, of subject property
Property Tax Map — property outlined (electronic copy not required)
Survey
2 CDs of all documents submitted - with files named according to the Required Document Naming
List. (attached)
0 Concurrency Deferral Affidavit (Prelim. Development Orders only); or
0 Description and analysis of the impact of the development on public facilities in accordance with
the methodologies acceptable to the County (LDC Section 5.08.02). This will require a
Transportation Assessment or a full Traffic Impact Report, if applicable.
Site Plan and Planned Development Applications must also include:
0 Site Plan 24"x36" at a scale of 1"=50' (10 copies- folded, not rolled)
O Boundary Survey — Signed and Sealed (1 original and 9 copies)
0 Topographic Survey — Signed and Sealed (1 original and 9 copies)
0 Landscape Plan — Signed and Sealed (1 original and 9 copies)
❑ Traffic Impact Report (TIR) (4 copies) if:
O 50+ residential units
O Development on N. or S. Hutchinson Island
o Non-residential (see LDC Section 11.02.09(4))
El Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5))
p The property is ten acres or greater
• The property, regardless of size, contains a wetland;
O The property is identified on the "Native Habitat Inventory for SLC";
O The proposed development is located in whole, or part, within the One Hundred Year Flood
Plain;
• Development on N. or S. Hutchinson Island
Development Order Extension Applications only require the following:
❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06)
❑ Updated Traffic Analysis if applicable
❑ Approved Resolution or GM Order
*Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The
legal description provided on the property appraiser's website is not valid for our purposes. The legal
description you provide us will be used in all future documentation. If it is incorrect, it will invalidate
the results of any hearing(s).
Page 3 of 6
Revised June 19, 2008
Project Information
Project Name: Denedios Holdings, LLC
Site address: 3071 Hammond Road
Parcel ID Number(s): 143031300020009
Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD)
THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHEAST
QUARTER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS
RIGHTS OF WAYS FOR PUBLIC ROADS AND DRAINAGE CANALS.
Property location — Section/Township/Range: S30/T34S/R40E
Property size — acres: 5.109 Square footage: 222,529
Future Land Use Designation: MXD
Zoning District. IL
Description of project. -
Boat and residential water filtration systems will be manufactured in a proposed 8,000
sq. ft. building. 24,050 sq. ft. of pavement will also be constructed in support of the
manufacturing building to provide access and parking.
(Attach additional sheets if necessary)
Type of construction (check all applicable boxes):
❑ Commercial Total Square Footage: Existing Proposed:
Industrial Total Square Footage. Existing 3,274 Proposed: 8,000
❑ Residential No. of residential units: Existing Proposed. -
No. of subdivided lots: Existing Proposed:
❑ Other Please specify. -
Number and size of out parcels (if applicable). N/A
Page 4 of 6
Revised June 19, 2008
FROM
SPECIAL NOTICE
(PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW)
Submission of this application does not constitute the granting of approval. All appropriate
requirements must be met prior to this project being presented for approval to the appropriate
authority. St. Lucie County reserves the right to request additional information to ensure a complete
review of this project.
ACKNOWLEDGMENTS
A icant Information (Property velope6:7 went Information:
Name. Denedios Holdings, LLC
Address: 1985 Mooring Line Drive
Vero Beach, FL 32963
Phone: Fax:
Please Indicate one individual to receh
Name: Joseph T. Friscia, P.E.
Address: 459 NW Prima Vista Blvd.
Name: Joseph T. Friscia P.E-
Address: 459 NW Prima Vista Blvd.
Port St. Lucie, FL 34983
Phone:772-340-4990 Fax:772-340-79M
ial correspondence on this
Phone: 772-340-4990
Alternate Phone: 772-873.8518
Port St. Lucie, FL 34983 Email Address: frisciaen comcast.net
(Please use on address that can accept overnight packages) —
Property Owner Information
This application and any application supplement will not be considered complete without the
notarized signature of all property owners of record, which shall serve as an acknowledgment of
the submiqalr§this application for approval. The property owner's signature below shall also serve
as auth for the above applicant or agent to act on behalf of said property owner.
ing Address: 1985 Mooring Line Drive
Vero Beach, FL 32963
Thomas Denedios
ropeny owner Narn rir
Phone: 77�) - S (`i 3 o c c)
If more than one owner, please submit additional pages
STATE OF �;c`CA , COUNTY OF �i� 1,—, I -)L� r
The foregoing instrument was acknowledged before me this _I l day of AQ5-� 20 S
by `r�+o,,� u s c� ,� �� o s who is personally known to me or who has produced
i
as identification.
G � ✓1
rp�nM Name o otery
Signature of
ovary
ID 79 7'17 3 Commission Number
Page 5 of 6
Revised June 19, 2008
(Seal)
0
MYCOMMISSION
M .=PW*
^
Y
.40
t"D�
�: .-
f E
1�
co
{1p
po„
Q..
CD
a
cm
j0
CD
Required Document
Naming List
Please use the
following list for naming
files in the electronic submittal
Document
Document Format
Required Document Name on CD
Adjacent Driveways
PDF
Adjacent )rivew is. df
Aerial Photo rah
PDF
Aerial,pdf
Application
PDF
Application.pdf
Architectural Elevations
PDF
Architectural Elevations. pdf
Bounda Surve
Construction Plan
PDF
Bounds Surve .pdf
Contact Person
PDF
Construction Plan. df
Drainage Ids
Word
ContactPerson.doc
Easements
PDF
Drains e. df
Environmental Re ort
PDF
PDF
Easements.pdf
Existing Conditions Plan
PDF
Environmental Report. pdf
Flood Plain
Existin ConditionsPlan. df
Im act
PDF
FloodPlain. df
Landscape Plan
PDF
PDF
Im act. df
Legal Description
Word
Landsca ePlan. df
Lighting
Le alDescri tion,doc
PDF
I irihfin„ nrlf
Location Dimension
Setbacks
Location Sketch
Max Buildable
Mitigation Plan
Mobile Home Design Plan
Mobile Home HUD
Standards Proof
Mobile Home Plot Plan
Outfall
Parking
Permit Data
Preliminary Draina a Plan
Preliminary Pavinq Plan
Preliminary Plat
Preliminary Utiliity Plan
Propert Deed
Recorded Resolution
Granting Approval
Site Plan
St Lucie County Property
Tax Map
State of Planning Objectives
(PUD/Zoning)
Streets Location
Topographic Survey
Traffic Impact Report
Tree Survey
Turtle Protection
Vegetation Removal
Water Facilities
Page 6 of 6
Revised June 19, 2008
PDF
PDF
PDF
PDF
PDF
go
IBM
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
LocationDi mension Setbacks
Location Sketch. pdf
MaxBuildable. pdf
Mitigation Plan. pdf
MobileHomeDesignPlan. pdf
Mobil eHomeHUDStandardsProof.
MobileHomePlotPlan.odf
Outfall.pdf
Parking. pdf
PermitData
Phasing.pd
Preliminary
Preliminary
Preliminary
Preliminary
�rainageFlan.
avingPlan.pc
UtiliitvPlan.
PDF RecordedResolution. df
PDF SitePlan. df
SLCTaxMap.pdf -'Not required
PDF electronically
PDF Plannin Ob ect
PDF Streets Location
PDF To o ra hicSui
PDF Trafficlm actR.
PDF TreeSurve . df
PDF TurtleProtection
PDF Ve etationRemc
PDF WaterFacilities. r
Supplement 8
Resubmittal Application Supplement
Third and subsequent re -submittals require payment of 30% of original base fee.
This is the # 1 st resubmittal for this project.
PROJECT INFORMATION
Name of Project. Denedios Holdings, LLC
(Please list a roject names)
File Number: MNSP 820081511
Location/Site Address: 3071 Hammond Road
Applicant Information (Property Developer):
Name: Denedios Holdings, LLC
Address: 1985 Mooring Line Drive
Vero Beach, FL 32963
Phone: 772-692-0727
Email: vsgcoff@cs.com
Agent Information:
Name. Friscia Engineering
Address: 459 NW Prima Vista Blvd.
Port St. Lucie, FL 34983
Fax:772-692-0879 1 Phone: 772-340-4990
Fax: 772-340-7996
Email: frisciaeng comcast.net
PLEASE EXPLAIN IN DETAIL THE CHANGES MADE:
Renamed plan to "Major Site Plan" Provided 10' right-of-way donation along
Hammond Road. Repositioned sidewalk to ultimate right-of-way line. Added "Phase
1" and "Future Phase" to site plan. Indicated the intentions for the existing buildings.
Updated the scale on the landscape plan. The survey has been updated to reflect
accurate tree sizes, to add the site plan name, and to remove the reference of the
tax map.
(Attach separate sheet(s) if necessary)
REQUIREMENTS FOR A RESUBMITTAL:
1. All revisions (graphic, data, and text) must be clouded and numbered with revision
date.
2. Modifications to text documents to follow "strike -through'- format for deletions and
underscore for new and/or revised text.
3. DRC comments must be included with the Resubmittal respo se.
4. The File number must be on all the paperwork.
5. Must submit 10 copies and 2 CDs of all the informati
3d (off
Joseph T. Friscia, P.E._____
Applicant or Agent Name (Printed) Signatur
Page 1 of 1
Revised: June 19, 2008
OCT 3 0 2008
OUNTY
`-
f
1
0
R -I
ITEM NO. IX
DATE: 04/28/09
AGENDA REQUEST REGULAR (X)
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY
Marie M. Gouin 4994
SUBMITTED BY: Office of Management & Budget/Purchasing Director
SUBJECT: An Administrative Hearing for All Haul/dba Circle H. Citrus — RFP protests — No.
09-020 Residential Solid Waste Collection.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION:
COMMISSION ACTION:
(><) APPROVED
( ) OTHER
County Attorney ( X )
Board approval to deny the protest and deem All Haul/dba Circle H. Citrus's
proposal non -responsive.
( ) DENIED
%4A---f -
Daniel McIntyre -
Solid Waste ( X) r
Leo Cordeiro
Approved 4-1 (Comm. Grande voting no)
Provisions of motion based on the testimony presented
today in view of the Boards broad flexability to waive a
regularity as set out in the documents. Based on the fact
that there appears to be an ambiguity in the language of
the proposal that the Board over turns staffs decision and
allow All Haul and the other contractor to participate in
the evaluation process and direct staff to proceed in that
regard and bring the evaluation back to the Board for
further discussion and review.
Coordination/Signatures
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
OMB
Budget Analyst
Purchasing
(X)
64
TaWonnaJohnson
(X)
`Desiree Cimino
7COL.i NTH
F L O RID A-446
TO: Board of County Commissioners
FROM: Marie M. Gouin, Directoc
DATE: April 28, 2009
Office of Management
& Budget/Purchasing
MEMORANDUM
SUBJECT: An Administrative Hearing for All Haul/dba Circle H. Citrus — RFP protests — No. 09-020
Residential Solid Waste Collection
ITEM NO. IX
Background:
On January 13, 2009, the Board of County Commissioners approved advertising for the Request for
Proposal (RFP) for Residential Solid Waste Collection Service. The RFP was advertised on
January 18, 2009, with an opening date of February 25, 2009. All Haul downloaded the RFP on
January 19, 2009, from Demandstar.
All Haul sent a letter dated March 04, 2009, (attachment 1) protesting the requirement of the RFP
that states: The successful Proposer will be required to open and maintain an operational and staffed
office in St. Lucie County. Additionally, the successful Proposer must have a minimum of two (2)
vears experience in residential solid waste collection in a local government jurisdiction in Florida
similar to or greater in size than St. Lucie County.
After reviewing their protest, on March 19, 2009, a letter was sent to Mr. Pantuso (attachment 2)
denying his protest, deeming their proposal non -responsive due to the lack of experience in
residential solid waste collection.
On March 26, 2009, All Haul sent a letter (attachment 3) stating they disagreed with staff's
conclusion on experience. They stated that on October 1, 2009, the time this contract is scheduled
to begin, they would have two years experience providing residential waste services in Glades
County. The letter also stated Staff should have advised them of their right to an administrative
review and what steps to take to receive an Administrative Hearing.
On April 07, 2009, St. Lucie County responded to the letter (attachment 4) advising Mr. Pantuso
that Staff stands by their earlier recommendation due to the following facts:
Glades County is only larger than St. Lucie County geographically. St. Lucie County has
572 square miles whereas Glades County has 774 square miles. The population of
Glades County is approximately 11,477 with a total housing count of approximately 6,100
as of January 1, 2009. St. Lucie County has a population of approximately 260,000 and
total housing count of approximately 130,580.
Page 2
April 28, 2009
Administrative Hearing for All Haul
St. Lucie County required the proposer to have the two-year experience prior to the
submittal of RFP No. 09-020. Even if required experience would have been as of October
1, 2009, All Haul would still be deemed non -responsive due to the fact that All Haul does
not hold a current exclusive residential solid waste contract with any government entity
that has a 20,000+-customer base. All Haul currently has non-exclusive residential
collection in 600 homes in Glades County.
Recommendation
Board approval to deny the protest and deem All Haul/dba Circle H. Citrus's proposal non-
responsive.
MMG/bjm
Attachments 1-4
• Dumpsters
• Roll Off Construction Containers
• Storage Containers
dba CIRCLE H CITRUS
March 4, 2009
St Lucie County Purchasing Department
Management and Budget Director
Finance Department
2300 Virginia Ave
Ft. Pierce, FL 34982-5652
RE: AFP #09-020
Dear Sirs;
ATTACHMENT 1
• Low Bays to Move Equipment
Q pment .m
• Flat Trailer Hauling
• Front End Loaders for
Land Clearing & Demolition
We are writing in regards to RFP #090-020, as prescribed in the Instructions to
ProPosers, #26, P_rote_sts. We believe that we have been 'aggdeved by the
Request for Proposal.
In the Instruction to Proposers, the last sentence of #21, states:
'Additionally, the successful Proposer must have a minimum of two (2) years
experience In residential solid waste collection in a local government jurlsdic ilon
in Florida simmer to or greater in size than St. Lucie County!
We believe this requirement is arbitrary and disqualifies us from consideration for
a contract we believe we are uniquely qualified for. We propose that this
requirement be removed,
Please feet free to contact me should you have any questions or wish to discuss
this matter.
President
CC: St Lucie County Purchasing Department
Sales: 772-461-0101 Fax: 772.481-9477 • Post Office Box 14048 • Ft. Plerce, Florida 34979
ALLhaul@pantusoinc.com
BOARD OF
COUNTY
COMMISSIONERS
Mr. George Pantuso
All Haul dba Circle H Citrus
P.O. Box 14049
Fort Pierce, FL. 34979
Date: March 19, 2009
Via Facsimile and U.S. Mail
ATTACHMENT
PURCHASING
DIVISION
Subject: Request for Proposal #09-020; Residential Solid Waste Collection
Dear Mr. Pantuso,
Thank you for your letter of March 4, 2009. County staff consisting of the County Administrator, County
Attorney, and Management and Budget Director has reviewed All Haul's protest and have decided to
deny the protest on the following grounds:
• Submitted proposal has been deemed non -responsive by the County due to lack of required
experience in residential solid waste collection.
The following statement is from page ITP 8, Section 21 —Award of Contract, paragraph three:
The successful Proposer will be required to open and maintain an operational and staffed office in
St. Lucie County. Additionally, the successful Proposer must have a minimum of two (2) years
experience in residential solid waste collection in a local government iurisdiction in Florida similar
to or greater in size than St. Lucie County.
Although All Haul will not be considered for this project, St. Lucie County looks forward to receiving
proposals for future projects from your company.
If you have any questions, I can be reached at (772) 462-1700. Thank you for your interest in working
with St. Lucie County, and St. Lucie County looks forward to receiving bids for future projects from your
firm.
Sincerely,
Marie Gouin
Management and Budget Director
Attachment
C: County Administrator
County Attorney
CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5
2300 Virginic Avenue • Fort Pierce, FL 34982-5652 • Phone (772) 462-1700
FAX (772) 462-1704 • TDD (772) 462-1428
web site: www.stlucieco.org
• Dumpsters
• Roll Off Construction Containers
• Storage Containers
aaa C:lrKGLE H CITRUS
VIA FACSIMILE AND U.S. MAIL
St. Lucie County Purchasing Department March 26, 2009
Management and Budget Director
Finance Department
2300 Virginia Avenue
Ft. Pierce, FL 34982-5652
Re: Request for Proposal #09-020; Residential Solid Waste Collection
Dear Ms. Gouin:
ATTACHMENT3
• Low Boys to Move Equipment
• Flat Trailer Hauling
• Front End Loaders for
Land Clearing & Demolition
response. I am in receipt of your letter dated March 19, 2009 denying our protest. Thank you for your prompt
We disagree with your conclusion that we do not have sufficient experience. On October 1, 2009, the time
this contract is scheduled to begin, we will have two years experience providing residential waste services in Glades
County, a county 35% larger than St. Lucie County. While the Instructions to Proposers sets forth the two-year
experience requirement, nothing therein states as to when this requirement must be met Thus, the only logical
interpretation of the requirement is that the successful Proposer must have two years of experience prior to the time
the contract is to begin. To interpret that requirement to mean the successful proposer must have two years
experience six months prior to the date the contract is to begin would result in a arbitrary and capricious application
of the requirement as there is no logical or factual basis in requiring the experience requirement be met before work
actually begins under the contract.
Pursuant to the Request for Proposal as well as the St. Lucie County Purchasing Manual, your March 19,
2009 letter was required to advise us of our right to administrative review. Accordingly, please advise if there are
any additional steps we must take or if you referred this protest to the Division of Administrative Hearings.
Please feel free to contact me if you have any questions.
Sincerely,
J __r
,a
.ore antuo
cc: County .Administrator
County Attorney
r. r: 1 ; r+
Sales: 772-461-0101 Fax: 772-461-9477 • Post Office BOX 14049 • Ft. Pierce, Ficrida 3i4979
ALLhaul@panb!soinc.com
BOARD OF
COUNTY
COMMISSIONERS
April 7, 2009
George Pantuso
All Haul dba Circle H Citrus
Post Office Box 14049
Fort Pierce, FL. 34979
Re: RFP #09-020 — Residential Solid Waste Collection
Dear Mr. Pantuso:
ATTACHMENT 4
PURCHASING
DIVISION
Via: Facsimile (772) 461-9477
Hard Copy: Certified Mail
This letter is in response to your letter dated March 26, 2009. Although you disagree with County staffs
conclusion that your company does not have sufficient experience, we stand by our recommendation to deem All
Haul dba Circle H Citrus non -responsive. Listed below is a summary that led the County to deem All Haul non-
responsive:
All Haul's current exclusive municipal residential contracts: 0
All Haul's current exclusive contracts the size of St. Lucie County or greater: 0
Current non-exclusive residential collection: 600 homes in Glades County
Glades County is only larger than St. Lucie County geographically. St. Lucie County has 572 square miles
whereas Glades County has 774 square miles. The population of Glades County is approximately 11,477 with a
total housing count of approximately 6,100 as of January 1, 2009. St. Lucie County has a population of
approximately 260,000 and total housing count of approximately 130,580.
St. Lucie County required the proposer to have the two-year experience prior to the submittal of RFP #09-020.
Even if required experience would have been as of October 1, 2009, All Haul would still be deemed non-
responsive due to the fact that your company does not hold a current exclusive residential solid waste contract
with any government entity that has a 20,000+ customer base.
You have requested an Administrative Hearing and one has been scheduled for the April 28, 2009 St. Lucie
County Board of County Commissioners meeting. The meeting will start at 9:00 A.M. and your hearing will be
held soon thereafter. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless the
Board grants an extension of time. Copies of the decision of the Board shall be distributed to the protesting
vendor and any other party intervening.
Sincerely,
M 'e Gouin
anagement and Budget Director
:e".ECE sit:.l..
cc: County Administrator
County Attorney
CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE. District No. 4 • CHRIS CRAFT. Disrricr No, 5
County Administrator - Foye W. Outlow, MPA
2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • Phone (772) 462-1700
FAX (772) 462-1704 • TDD (772) 462-1428
web sire: www.srlucieco.org
COUNTY
F
LORI
D A
AGENDA REQUEST
ITEM NO. X
DATE: 04/28/09
REGULAR (X)
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT ( )
TO:
BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Diana Waite
SUBMITTED BY:
Growth Management Department Senior Planner
SUBJECT:
Extension for Major Site Plan project known as Orange Avenue Storage
BACKGROUND:
This project received its first site plan extension on September 9, 2008, which extended the
site plan to March 14, 2009. The extension included a condition of approval requiring that
prior to the issuance of a building permit, a proportionate fair share payment of $6,000 be
paid to St. Lucie County. The funds are to provide $4,376 towards the Kings Highway and
Orange Avenue intersection improvements and $1,624 towards the intersection
improvements at Kings Highway and Angle Road. This existing condition of approval is
maintained in the proposed Draft Resolution. The applicant is requesting the second
extension due to current market conditions; they would like to wait a little longer for the
market to come back. Staff has verified that the lands are not in foreclosure, the owner is
not in bankruptcy, nor is there any building permit or code enforcement issues related to
the applicant or the project site.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: September 9, 2008 - Board granted a 12-month extension of the site plan's expiration date.
March 14, 2006 - Board granted Major Site Plan approval to the project known as Orange
Avenue Storage (Attachment C).
RECOMMENDATION: Board adoption of Resolution No. 09-067 granting a 12-month extension to the Major Site
Plan project known as Orange Avenue Storage, with the conditions therein.
COMMISSION ACTION:
APPROVED
( ) OTHER
County Attorney ( )
( ) DENIED
Approved 5-0
E
Coordination/Signatures
Daniel S. McIntyre
County Engineer
Michael Powley
Originating Dept.
ark Satter) e
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
County Surveyor
Ron Harris
ERD ( ) yQ
�1�•�Karen Smith
lP�
Department Name
OUNTY
• I D A MEMORANDUM
TO: Board of County Commissioners
r-
THROUGH: Mark . itt f owth Management
FROM: Diana Waite, Senior Planner
DATE: April 28, 2009
SUBJECT: Extension for Major Site Plan project known as Orange Avenue Storage
ITEM NO. X
Background:
On March 14, 2006, the Board of County Commissioners adopted Resolution No. 06-007 (Attachment A) granting
Major Site Plan Approval to a project known as Orange Avenue Storage. On September 9, 2008, the Board
granted a 12-month extension to the site plan's date of expiration, with a new expiration date of March 14, 2009
(Attachment B). Prior to March 14, 2009, the applicant requested that the project be extended to March 14, 2010.
The Orange Avenue Storage project consists of 88,675 square feet of mini warehouse space for household
storage on a 6.49-acre parcel located on the north side of Orange Avenue, approximately one -quarter mile west of
Hartman Road, in the IL (Industrial, Light) Zoning District (Attachment C). The applicant is requesting the second
extension due to current market conditions; they would like to wait a little longer for the market to come back.
Since the project's original approval, the applicant has met conditions 1 and 5 of the project's original resolution.
Condition number 1 required the submittal of a revised site plan to indicate the property could only be used for
household goods storage and that the buildings facing Orange Avenue would comply with the County's
Community Architectural Standards set forth in Section 7.10.24 of the Land Development Code. Condition No. 5
required that prior to issuance of a building permit the applicant shall provide an agreement with Fort Pierce Utility
Authority for water and wastewater service. A copy of the agreement, dated September 2007, between the
applicant and FPUA has been received.
An updated traffic statement was submitted as part of the project's first site plan extension. The traffic statement is
still valid and addresses changes since the project original approval. The traffic analysis indicated the share of the
project's impact at two Kings Highway intersections, at Orange Avenue and at Angle Road. Since the project's
original approval the intersection improvements for Kings Highway and Orange Avenue, and Kings Highway and
Angle Road, have been added to the County's Capital Improvement Element. The County's Adequate Public
Facilities Ordinance was also amended to allow proportionate fair share payments. This project's total share of the
cost for all intersection improvements is $6,000. The Resolution granting the project's first site plan extension
includes a condition of approval requiring that prior to issuance of a building permit, the applicant, successors or
assigns make the $6,000 fair share payment to St. Lucie County. This requirement is carried over into the
proposed Draft Resolution.
Recommendation
Board adoption of Resolution No. 09-067 granting a 12-month extension to the Major Site Plan project known as
Orange Avenue Storage, with the conditions therein.
COUNTY
F
LORI
D A
Environmental Resources
Department
Agenda Item Companion Report
TO: Board of County Commissioners
FROM: Jennifer Evans
Environmental Resources Department
DATE: April 16, 2009
RE: Orange Ave Storage Extension
DEPARTMENT COORDINATION
ERD met with Growth Management, as well as other members of the Development Review
Committee, regarding this item.
ERD INPUT
ERD input has been provided in the attached staff report and resolution.
ERD RECOMMENDATION
ERD recommends approval with conditions as outlined in the attached resolution.
nature
N
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1 RESOLUTION NO. 09-067
2 FILE NO.: BCC 1220081542
3
4 A RESOLUTION OF THE BOARD OF COUNTY COMISSIONERS
5 OF ST. LUCIE COUNTY GRANTING A 12 MONTH EXTENSION
6 OF THE ORANGE AVENUE STORAGE MAJOR SITE PLAN
7
8 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
9 the testimony and evidence, including but not limited to the staff report, has made the
10 following determinations:
11
12 1. On March 14, 2006, this Board, through Resolution No. 06-007, granted Major
13 Site Plan approval for the project known as Orange Avenue Storage, a proposed
14 88,675 square foot household storage facility located on the north side of Orange
15 Avenue, approximately one -quarter mile west of Hartman Road in the IL(Industrial,
16 Light) Zoning District, for property described in Part B.
17
18 2. On September 9, 2009, through Resolution No. 08-023, this Board granted a 12
19 month extension of the Major Site Plan, with the new date of expiration being
20 March 14, 2009.
21
22 3. The developer of Orange Avenue Storage has requested that a second 12 month
23 extension of the Major Site Plan approval be extended for a period of 12 additional
24 months from its date of scheduled expiration, March 14, 2009, with the new date
25 of expiration being March 14, 2010.
26
27
28 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
29 Lucie County, Florida:
30
31 A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development
32 Code, the Major Site Plan, approved through Resolution No. 06-007, and extended
33 through Resolution No. 08-023, is hereby extended for a period of 12 months from
34 its scheduled date of expiration, March 14, 2009, with the new expiration date being
35 March 14, 2010, for the property described in Part B below, subject to the following
36 conditions:
37
38 1. Prior to issuance of a building permit the applicant, successor or
39 assigns shall make payment to St. Lucie County in the amount of
40 $6,000. This is to provide $4,376 for this project's fair share payment
41 for the Kings Highway and Orange Avenue intersection improvements;
42 and $1,624 for the project's fair share payment for intersection
43 improvements at Kings Highway and Angle Road.
April 28, 2009 Resolution No.09-067
Page 2 File No. BCC 1220081542
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2. Prior to issuance of a Vegetation Removal Permit or Exemption, the
applicant shall execute an improvement agreement for all required
landscaping and tree mitigation, including on -site and off -site
preservation and/or relocation. A copy of this agreement can be
obtained by visiting the SLC ERD website at:
http://www.stlucieco.org/erd/index.htm.
3. Prior to issuance of a Vegetation Removal Permit or Exemption, an
updated Gopher Tortoise survey shall be submitted to SLC
Environmental Resources Department. If survey yields any burrows
located within the proposed development area, a Florida Fish and
Wildlife Conservation Commission Permit for relocation will be required.
B. The property on which this site plan extension is being granted is described as
follows:
PARCEL ONE:
THE WEST 158 1/4 FEET OF THE EAST 1107 3/4 FEET OF THE SOUTHWEST
1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE
40 EAST, LOCATED IN ST. LUCIE COUNTY, FLORIDA. LESS ALL RIGHTS -
OF -WAY FOR STATE ROAD 68 (ORANGE AVENUE).
PARCEL TWO:
BEGINNING AT A POINT 791 1/4 FEET WEST OF THE SOUTHEAST CORNER
OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, AND RUN WEST 158 1/4 FEET,
THENCE NORTH TO THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE
NORTHEAST 1/4, THENCE EAST 158 1/4 FEET, THENCE SOUTH TO THE
POINT OF BEGINNING. LESS ALL RIGHTS -OF -WAY FOR STATE ROAD 68
(ORANGE AVENUE).
ALSO LESS THE FOLLOWING DESCRIBED PARCEL:
PARCEL NO. 225
A PORTION OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND BOAT SPIKE MARKING THE SOUTHEAST
CORNER OF SAID SECTION 7; THENCE NORTH 00014'12" WEST ALONG
THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 808.205 METERS
(2,651.59 FEET) TO A POINT ON A FOUND BOAT SPIKE MARKING THE EAST
1/4 CORNER OF SAID SECTION 7, SAID POINT BEING ON THE BASELINE OF
April 28, 2009
Page 2
Resolution No.09-067
File No. BCC 1220081542
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SURVEY FOR STATE ROAD 68 (ORANGE AVENUE) AS SHOWN ON THE
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR
ITEM/SEGMENT NO. 2301081, SECTION NO. 94070-2505; THENCE
CONTINUE NORTH 00024'26" WEST, A DISTANCE OF 12.192 METERS (40.00
FEET) TO A POINT ON THE NORTHERLY EXISTING RIGHT OF WAY LINE
FOR SAID STATE ROAD 68 (ORANGE AVENUE); THENCE SOUTH 89042'09"
WEST ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A
DISTANCE OF 650.538 METERS (2,134.31 FEET); THENCE NORTH 00°02'50"
WEST, A DISTANCE OF 152.406 METERS (500.02 FEET) TO THE POINT OF
BEGINNING THENCE SOUTH 89042'09" WEST, A DISTANCE OF 48.235
METERS (158.25 FEET); THENCE NORTH 00°02'50" WEST, A DISTANCE OF
239.487 METERS (785.72 FEET); THENCE NORTH 89043'43" EAST, A
DISTANCE OF 48.235 METERS (158.25 FEET); THENCE SOUTH 00002'50"
EAST, A DISTANCE OF 239.465 METERS (785.64 FEET) TO THE POINT OF
BEGINNING.
CONTAINING 1.1551 HECTARES (2.854 ACRES), MORE OR LESS.
TOTAL CONTAINING: 6.49 ACRES, MORE OR LESS
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS
OF WAY OF RECORD.
C. All terms and conditions of Resolution No. 06-007 and Resolution No. 08-023 shall
remain in full force and effect.
D. This Major Site Plan extension shall expire on March 14, 2010, unless building
permits are issued or another extension has been granted in accordance with
Section 11.02.06, St. Lucie County Land Development Code.
E. The Certificate of Capacity granted by the Growth Management Director on March
7, 2006, shall remain valid for the period of this Site Plan approval. If this order
expires or otherwise terminates, the Certificate of Capacity exemption shall
automatically terminate.
F. The St. Lucie County Growth Management Director is hereby authorized and
directed to cause the notation of this resolution to be made on the Official Zoning
Map of St. Lucie County, Florida, and to make notation of reference to the date of
adoption of this resolution.
G. A copy of this resolution shall be placed on file with the St. Lucie County Growth
Management Director.
April 28, 2009
Page 2
Resolution No.09-067
File No. BCC 1220081542
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G. A copy of this resolution shall be placed on file with the St. Lucie County Growth
Management Director.
After motion and second, the vote on this resolution was as follows:
Chair Paula A. Lewis XXX
Vice -Chair Charles Grande XXX
Commissioner Chris Dzadovsky XXX
Commissioner Doug Coward XXX
Commissioner Chris Craft XXX
PASSED AND DULY ADOPTED this 28th Day of April, 2009.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST
Deputy Clerk
April 28, 2009
Page 2
LIM
Chairman
APPROVED AS TO FORM
AND CORRECTNESS
County Attorney
Resolution No.09-067
File No. BCC 1220081542
EDWIN M. FRY, Jr., ( K OF THE CIRCUIT COURT - SAINT LUCIE C TY
FILE ii 2822554 OR B"d 2520 PAGE 211, Recorded 03/28/2006 aL 03:52 PM
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RESOLUTION 06-007
FILE NO.: MJSP-05-001
A RESOLUTION GRANTING APPROVAL TO A
MAJOR SITE PLAN PROJECT TO BE KNOWN
AS ORANGE AVENUE STORAGE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the foliowinf
determinations:
Orange Avenue Storage. LLC presented a petition for a Major Site Plan Project, to
be known as Orange Avenue Storage, to provide for the construction of a 88,675
square nunl warehouse storage facility, on a parcel of land located on the north side
of Orange Avenue, approximately one -quarter mile west of Hartman Road, in the IL
(Industrial, Light) Zoning District for the property described in Section B.
The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet all technical requirements and to be consistent with the
future land use maps of the St. Lucie County Comprehensive Plan, subject to the
conditions set forth in Part A of this Resolution.
The proposed project is consistent with the general pu e, goals, objectives and
standards of the St. Lucie County Land Development C , the St. Lucie County
Comprehensive Plan and the Code of Ordinances f St. L County.
The proposed project will not have an undue adve one ' ropetty, the
character of the neighborhood, traffic conditions, parking, utility fa I' as, or other
matters affecting the public health, safety and I welfare.
All reasonable steps have been taken minimiz any adverse effect of the
proposed project on the immediate vici throug uilding design, site design,
landscaping and screening.
6. The proposed project will be constructed, arras perated so as not to
interfere with the devebprnent and us eight ring p rty, in accordance with
applicable district regulations.
7. The proposed project will be s ad water and er services by the Fort Pierce
Utility Authority (FPUA).
Fila No.: WSP-03-001
Wrrch 14, 200E Rndutlon 06-007
Pips 1
OR BOOK 2520 PAGI 12
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S. The applicant has applied for and received a revised certificate of capacity, a copy of
which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie
County Land Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11,02.05 of the St. Lucie County Land Development Code, the Majo
Site Plan to be known as Orange Avenue Storage, is hereby approved as depicted on the
site plan drawings for the project prepared by Houston Cuozzo Group, Inc., dated 1/7105
last revised on 1/04/06, and date stamped received by the St. Lucie County Growth
Management Director on 2/22/06, for the property described In Section B, subject to the
following conditions.
The applicant shall submit a revised site plan at a scale of 1 inch equals 50
feet within 60 days Indicating the following:
I. General Note No. 2 shall be modified to indicate that all buildings are
being used for household goods storage only.
ii. One-way access aisles serving the following buildings: Building C, D,
E, F. G H, I, J, K and the rear of Building A.
iii. Elevations and drawings demonstrating that the project signage and
Building A and B comply with the St. Lucie County Architectural
Standards as set forth in Section 7.10.23 of the Land Development.
Said site plan shall be utilized as the final app site plan stamped and
signed by the Chairman of the Board of County missioners.
2. Prior to issuance of building permits for IN lice developer
or assigns shall provide a copy of a lea agreement ized in the
renting of the household storage areas stating that the u therein are
limited to the storage of household g e conducts f business or
storage for distribution centers she within the project without a
modification to the approved site storage;
being mitted and approved by St.
Lucie County.
3.
4.
File No.: MJSP-05-001
Mach 14, 200E
Prior to issuance of a Certificate of Oc (CO r the first building, the
applicant shall be required to construct an o nc 1 riot to exceed eight
feet in height that meets taped buff quirernents of Section
7.09.04 (E) of the Coun n pmerit ode.
Any removal or disturb ce of site plan tures within any of the State of
Florida easements on roperty, includi parking and landscaping, shall
be repaired or replaoed ' n 60 days of completion of the States work in
R4.0kAi n 06007
Py"2
OR BOOK 2520 PAGE 3
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the affected easement. Any permanent loss of parking spaces or
landscaping within the easement shall be relocated to an alternate location
with the project site, and the site plan shall be modified as required by the St.
Lucie County Land Development Code,
5. Prior to the Issuance of the first building permit the developer, or his assigns,
shall provide an executed copy of a final utility service agreement with Ft.
Pierce Utility Authority, indicating all developer obligations, including
schedules associated with servicing this site.
6. A Knox Key access is required to be installed for emergency services.
B. The property on which this Major Site Plan approval is being granted is described as follows
PARCEL ONE:
THE WEST 158 1/4 FEET OF THE EAST 11073/4 FEET OF THE SOUTHWEST 1/4 OF
THE NORTHEAST 114 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST,
LOCATED IN ST. LUCIE COUNTY, FLORIDA, LESS ALL RIGHTS -OF -WAY FOR STATE
ROAD 68 (ORANGE AVENUE).
PARCEL TWO:
BEGINNING AT A POINT 791 1/4 FEET WEST OF THE SOUTHEAST CORNER OF THE
SOUTHWEST 114 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, AND RUN WEST 158 1/4 FEET, THENCE NORTH TO THE NORTH
LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4, THENCE EAST 158 1/4
FEET, THENCE SOUTH TO THE POINT OF BEGINNING. LESS ALL RIGHTS -OF -WAY
FOR STATE ROAD 68 (ORANGE AVENUE). n
ALSO LESS THE FOLLOWING DESCRIBED
PARCEL NO.225
A PORTION OF THE NORTHEAST 1/4 OF SEC SOUTH, RANGE
40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTI RLY DESCRIBED
AS FOLLOWS:1-0
COMMENCE AT A FOUND BOAT SPIK
SAID SECTION 7; THENCE NORTH 00• 1
SECTION 7, A DISTANCE OF 808.20
FOUND BOAT SPIKE MARKING THE NS1
POINT BEING ON THE BASELINE OF St
AVENUE)AS SHOWN ON THE FLORRIDADE
OF WAY MAP FOR ITEM/SEGM
CONTINUE NORTH 00'24'26" T, A DIST
A POINT ON THE NORTHER EXISTING
ROAD 68 (ORANGE AVENU THENCE
NORTHERLY EXISTING RIGH F WAY I
FiN No, AUSP46001
MvTh 14, 2000 ci
4ARKINP THE SOUTHEAST CORNER OF
2" WE ALONG THE EAST LINE OF SAID
RS 851.59 FEET) TO A POINT ON A
RNE OF SAID SECTION 7, SAID
/RV TATE ROAD 68 (ORANGE
PARTME T F TRANSPORTATION RIGHT
081, S ION NO.94070-2505; THENCE
E OF 12.192 METERS (40.00 FEET) TO
R OF WAY LINE FOR SAID STATE
S TH 89.42'09" WEST ALONG SAID
.IN A DISTANCE OF 650.538 METERS
Reedution 0Eyp7
Pepe 3
OR BOOK 2520 PAGE 14
1 12.134.31 FEET); THENCE NORTH 00'02'50" WEST, A DISTANCE OF 152.406 METERS
2 (500.02 FEET) TO THE POINT OF BEGINNING THENCE SOUTH 89'42'09" WEST, A
3 DISTANCE OF 48.235 METERS (158.25 FEET); THENCE NORTH 00'02'50" WEST, A
4 DISTANCE OF 239.487 METERS (785,72 FEET); THENCE NORTH 89'43'43" EAST, A
5 DISTANCE OF 48.235 METERS (158.25 FEET); THENCE SOUTH 00'02'50" EAST, A
6 DISTANCE OF 239.465 METERS (785.64 FEET) TO THE POINT OF BEGINNING.
7
a CONTAINING 1.1551 HECTARES (2.854 ACRES), MORE OR LESS.
9
10 TOTAL CONTAINING: 6.49 ACRES, MORE OR LESS
11
12 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS OF WAY
13 OF RECORD.
14
15
16 (Tax 113fs: 2407-131-0002.0002 and 2407-131-0001-0005)
17
is (Location: North side of Orange Avenue, approximately % mile west of the
19 Intersection of Hartman Road and Orange Avenue)
20
21 C. This Major Site Plan shall expire on March 14, 2008, unless a building pemdt is issued or an
22 extension is granted in accordance with Section 11.02.0B(B) (3). St. Lucie County
23 Development Code,
24
25 D. The Major Site Plan granted under this Resolution is specifically conditioned to the
26 requirement that the petitioner, OringeAvensw5r We, LLC, Inciudinganysuccessors
27 in interest, shall obtain all necessary development permits and construction authorizations
28 from the appropriate State and Federal regulatory outh s, including but not limited to:
29 the United States Army Corps of Engineers, the F Department of Environmental
30 Protection, and the South Florida Water Management ct, prior to the Issuance of any
31 local building permits of authorizations to commence devel ent activities on the property
32 described in Part B.
33
34 E. A Certificate of Capacity, a copy of which is attac ed to this resol as granted by the
35 Growth Management Director on March 7, 2006, which certificate s I remain valid for the
36 period of Site Plan approval. Should the Site P oval grant y this resolution expire
37 or an extension be sought pursuant to Se i 11.0 . 5(F) of the St. Lucie County Land
38 Development Code, a new certificate of 39 city sha I required.
40 F. A copy of this resolution shall be attach to Ian d ngs described in Section A,
41 which plan shah be placed on file with the St. Lu un rowth Management Director.
42
43
44 After motion and second, the vote on th solution as follows:
45
46 Chairman Doug Cows AYE
47
48 Vice -Chairman Chris Cra AYE
f6s No, ld1SP4O5-001
i
� I
MuCi 14. I006 Ra wu& 06-007
Paps 4
OR BOOK 2520 PAGE 15
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Commissioner Paula Lewis AYE
Commissioner Frannie Hutchinson AYE
Commissioner Joe Smith AYE `i r
PASSED AND DULY ADOPTED this 14th Day of March 20W. �' 0
BOARD OF COUNTY Co
ST. LUCIE COUNTY, FIRJ l
�pU N T y BY:
y �p A,Chai ter an
G
Cr
ATTEST: " , at33y'
o °
,I coo
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Fk No, WSP-05001
WrCh 14, 20D4
APPROVED AS TO FORM
AND CORRECTNESS:
Re"uvw o5111
07
PLO. 5
OR BOOK 2520 PAGE 16
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B
9
FIN No. KZP-05-OCJ
March 14, 2000
Exhibit A
Certificate of Capacity
ROSQUIDn 00-007
Pigs
OR BOOK 2520 PAGE '17
St Lucie County
Certificate of Capacity
Date 3/1/2006 Certificate No. 2359
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted In the St
Lucie County Comprehensive Plan for:
1. Type of development Major Site Plan - Household Good Storage
Number of units 0 Number of square feet 88675
2. Property legal description 6 Tax ID no.
240713100020002 and 240713100010005
N side of Orange Ave, 114 mile W of Hartman
Orange Avenue Storage
3. Approval: Building Resolution No. 0"07 Letter
4. Subject to the following conditions for concurrency:
Any change in use will require re-evaluation of the impacts on Public Facilities.
Owner's name
Orange Avenue Storage, LLC
Address
H 6 Gulfstream Road
Palm Beach FL 334804708
6. Certificate Expiration Date 3/14/2006
This Certificate of Capacity is transferable onl quent owners of the same
Parcel, and is subject to the some terms, co
The expiration date can be extended only u or
underlying development orderissued with
development orders)/issued for the same props
Signed N • 317/2
Growth ManagemTFlorlds
r
St Lucie County,
Tuesday, March 07, 2006
ona a expiration date listed herein.
the • bans and conditions as the
te, or for subsequent
a an Ize as described herein.
Page I of 2
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EDWIN M. FRY, Jr.. CL FI2IC nc Tuc
SAINT LUCIE COUI
FILE # 3256109 09/16,VtT
OR BOOK 3014 PAGE CX
RECORDING: $35.50
RESOLUTION NO. 08-023
FILE NO.: BCC 220081417
A RESOLUTION OF THE BOARD OF COUNTY COMISSIONERS
OF ST. LUCIE COUNTY GRANTING A 12-MONTH EXTENSION
OF THE MAJOR SITE PLAN KNOWN AS ORANGE AVENUE
STORAGE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
On March 14, 2006, this Board, through Resolution 06-007, granted Major Site
Plan approval for the project known as Orange Avenue Storage, a proposed
88,675 square foot household storage facility located on the north side of Orange
Avenue, approximately one -quarter mile west of Hartman Road in the IL(lndustrial,
Light) Zoning District, for property described in Part A.
2. The developer of Orange Avenue Storage has requested that a 12-month
extension of the Major Site Plan approved through Resolution No. 06-007, be
extended for a period of 12 additional months from its date of scheduled
expiration, March 14, 2008, with the new date of expiration being March 14, 2009.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development
Code, the Major Site Plan, approved through Resolution 06-007, is hereby extended
for a period of 12 additional months from its scheduled date of expiration, March 14,
2008, with the new expiration date being March 14, 2009, for the properly described
in Part B below, with the following condition:
Prior to issuance of a building permit the applicant, successoror assigns shall make
payment to St. Lucie County in the amount of $6,000. This is to provide $4,376 for
this project's fair share payment for the Kings Highway and Orange Avenue
intersection improvements; and $1,624 for the project's fair share payment for
intersection improvements at Kings Highway and Angle Road.
September 9, 2008
File No.: BCC 220081417
Page 1 of 4
Resolution No. 08-023
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B. The property on which this site plan extension is being granted is described as
follows:
PARCEL ONE:
THE WEST 1581/4 FEET OF THE EAST 1107 3/4 FEET OF THE SOUTHWEST
1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE
40 EAST, LOCATED IN ST. LUCIE COUNTY, FLORIDA. LESS ALL RIGHTS -
OF -WAY FOR STATE ROAD 68 (ORANGE AVENUE).
PARCEL TWO:
BEGINNING AT A POINT 791 1/4 FEET WEST OF THE SOUTHEAST CORNER
OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, AND RUN WEST 158 1/4 FEET,
THENCE NORTH TO THE NORTH LINE OF SAID SOUTHWEST 114 OF THE
NORTHEAST 1/4, THENCE EAST 158 1/4 FEET, THENCE SOUTH TO THE
POINT OF BEGINNING. LESS ALL RIGHTS -OF -WAY FOR STATE ROAD 68
(ORANGE AVENUE).
ALSO LESS THE FOLLOWING DESCRIBED PARCEL:
PARCEL NO.225
A PORTION OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND BOAT SPIKE MARKING THE SOUTHEAST
CORNER OF SAID SECTION 7; THENCE NORTH 00014'12" WEST ALONG
THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 808.205 METERS
(2,651.59 FEET) TO A POINT ON A FOUND BOAT SPIKE MARKING THE EAST
1/4 CORNER OF SAID SECTION 7, SAID POINT BEING ON THE BASELINE OF
SURVEY FOR STATE ROAD 68 (ORANGE AVENUE) AS SHOWN ON THE
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR
ITEM/SEGMENT NO. 2301081, SECTION NO. 94070-2505; THENCE
CONTINUE NORTH 00024'26" WEST, A DISTANCE OF 12.192 METERS (40.00
FEET) TO A POINT ON THE NORTHERLY EXISTING RIGHT OF WAY LINE
FOR SAID STATE ROAD 68 (ORANGE AVENUE); THENCE SOUTH 89°42'09"
WEST ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A
DISTANCE OF 650.538 METERS (2,134.31 FEET); THENCE NORTH 00°02'50"
WEST, A DISTANCE OF 152.406 METERS (500.02 FEET) TO THE POINT OF
BEGINNING THENCE SOUTH 89042'09" WEST, A DISTANCE OF 48.235
METERS (158.25 FEET); THENCE NORTH 00°02'50" WEST, A DISTANCE OF
239.487 METERS (785.72 FEET); THENCE NORTH 89°43'43" EAST, A
September 9, 2008
File No.: BCC 220081417
Page 2 of 4
Resolution No. 08-023
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DISTANCE OF 48.235 METERS (158.25 FEET); THENCE SOUTH 00°02'50"
EAST, A DISTANCE OF 239.465 METERS (785.64 FEET) TO THE POINT OF
BEGINNING.
CONTAINING 1.1551 HECTARES (2.854 ACRES), MORE OR LESS.
TOTAL CONTAINING: 6.49 ACRES, MORE OR LESS
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS
OF WAY OF RECORD.
B. All terms and conditions of Resolution 06-007 shall remain in full force and effect
C. This Major Site Plan extension shall expire on March 14, 2009, unless building
permits are issued or another extension has been granted in accordance with
Section 11.02.06, St. Lucie County Land Development Code.
D. The Certificate of Capacity granted by the Growth Management Director on March
7, 2006, shall remain valid for the period of this Site Plan approval. If this order
expires or otherwise terminates, the certificate of capacity exemption shall
automatically terminate.
E. The St. Lucie County Growth Management Director is hereby authorized and
directed to cause the notation of this resolution to be made on the Official Zoning
Map of St. Lucie County, Florida, and to make notation of reference to the date of
adoption of this resolution.
F. A copy of this resolution shall be placed on file with the St. Lucie County Growth
Management Director.
After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith
Vice -Chair Paula A. Lewis
Commissioner Chris Craft
Commissioner Doug Coward
Commissioner Charles Grande
September 9, 2008
File No.: BCC 220081417
Page 3 of 4
AYE
AYE
AYE
AYE
AYE
Resolution No. 08-023
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PASSED AND DULY ADOPTED this 9th Day of September, 2008.
ATTEST
Deputy
September 9, 2008
File No.: BCC 220081417
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
APPROVED AS TO FORM
AND CORRECTNESS
Page 4 of 4
Resolution No. 08-023
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CULPEPPER t& TERPENING, INC
CONSULTING ENGINEERS LAND SURVEYORS
December 2, 2008
VIA: HAND DELIVER
Mr. Mark Satterlee
Director
St. Lucie County Growth Management
2300 Virginia Avenue
Fort Pierce, FL 34982
RE: Orange Avenue Storage
Dear Mr. Satterlee:
WC 1lsy2
Sender's Email: smaqhes(@,ct-eng.co
Project 04-241
On behalf our client, Robert Wood, please accept this letter as our official request for a second one year extension
of the currently approved site plan for Orange Avenue Storage. As you may recall, the St. Lucie County BOCC
approved the initial one year extension on September 9, 2008 and indicated that the second year would be favorably
considered. This project was originally approved with Resolution 06-007 as recorded in Official Records Book 2520,
Page 211 of the St. Lucie County Public Records, which we have attached for your reference. Also, please find
attached a copy of the current updated Traffic Impact Statement as well as a copy of the executed FPUA Water and
Wastewater Supply Agreement.
As always, should you have any questions or require additional information regarding this request, please feel free to
contact me directly at 772-464-3537 Ext. *114 or via the above referenced e-mail address.
Sincerely,
CJ3LPEhPPER & TERPENING, INC.
Ski
s P.E.
edent
SKM: seh
enclosures
0 3 '
CC] Robert Wood
C \DOCUME-1\shaines\LOCALS—I\Temp\ELF6F4\04-241 SLC Growth, 011a, Satterlee, Request for Extensimdoc
A LEGACY OF EXPERTISE AND EXCELLENCE
2980 SOUTH 25TH STREET FT, PIERCE, FL 3498 1 (772) 464-3537 FAX: (772) 464-9497
CULPEPPER St TERPENING, INC
CC N S U L T I N G ENGINEERS LAND SURVEYORS
Sender's Email: smauhcs @kt-crig.com
August 11, 2008
Project 04-241
VIA: Hand Delivery
Ms. Diana Waite
Senior Planner
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
RE: Orange Avenue Self Storage
Proportionate Fair Share Calculations
Dear Ms. Waite:
Please find enclosed 3 copies of the updated Traffic Impact Statement. Per your request, we have revised the
Traffic Impact Statement dated May 20, 2008. The total project related trips at the intersection is 4 vph, the
total trips impacting all segments of the intersection is 8 vph, however only 4 of these trips are impacting a
deficient roadway segment. Therefore the average project impact at the intersection has been reduced from
0.06% (6/9,720) to 0.05% (4/7,720), which equates to a Proportionate Fair -Share Calculation of $4,376.
Additionally, the project will have a minimal impact on the intersection of Kings Highway and Angle Road.
There will be only 1 peak hour trip at the intersection with a project impact of .026% (1/3,860), which
equates to a Proportionate Share of $1,624.
The total proportionate share for the project is $6,000.
We trust that this submittal is as required to allow the Site plan Extension to be scheduled for the Board of
County Commissioners consideration. As always, should you have any questions regarding this submittal,
please do not hesitate to contact me.
Sincerely,
C [ePresident
R & TERPENING, INC.
S �.tthes, P.E.
SQr Vi
cc: Robert Wood
Mike Powley, P.E.
A LEGACY OF EXPERTISE AND EXCELLENCE
G\DOCUNtE-1\,m,nhce\LOCALS-1\Temp\ELR330\04-241 SLC Growth, 008a, Wtire, TIS for Prop Sh—doc
2960 SOUTH 25TH STREET FT. PIERCE. FL 34981 1 7 7 2 ) 4 6 4 - 3 5 3 7 FAX 17721 4 6 4 - 9 4 9 7
N
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. `4
DATE: April 28, 2009
REGULAR [XX]
PUBLIC HEARING []
CONSENT[]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
SUBJECT: Resolution No. 09-119; Local Economic Stimulus Projects
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION, Staff recommends that the Board adopt Resolution No. 09-
119.
COMMISSION ACTION: CONCURRENCE:
DQ APPROVED [ ] DENIED
[ ]OTHER:
Approved 5-0
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
County Attorney: Management9 6 Bud et Grants/Disaster Recovery Dir: _
Daniel 5. McIntyre
Originating Dept. Public Works Dir: County Eng.:
Finance: (Check for copy only, if applicable) Eff. 5/96
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO.: 09-0373
DATE: April 17, 2009
SUBJECT: Resolution No. 09-119 - Local Economic Stimulus Projects
BACKGROUND:
On April 21, 2009, the Board adopted Ordinance No. 09-008, known as the Local Economic
Stimulus Ordinance. The Ordinance provides for the Board to adopt a list of local economic
stimulus projects by resolution. Attached to this memorandum is a copy of draft Resolution No. 09-
119 identifying a list of proposed projects. The list was developed. by a team of County staff.
RECOMMENDATION/CONCLUSION
Staff recommends that the Board adopt Resolution No. 09-119.
Ily subm
Daniel S. McInty
County Attorney
DSM/caf
Attachment
IN
RESOLUTION NO. 09-119
AN RESOLUTION OF ST. LUCIE COUNTY, FLORIDA,
ADOPTING A LIST OF LOCAL ECONOMIC PROJECTS
WHEREAS, on April 21, 2009, the Board adopted a Local Economic Stimulus Ordinance
based on the following findings:
1. The United States of America, the State of Florida, and St. Lucie County are now
experiencing an economic downturn not experienced in the last 30-40 years; and
2. Individual citizens and families living in the United States, Florida, and the County
are experiencing negative effects from the economic downturn; and
3. Because of significant revenue decreases at the State and local levels, jobs are
being lost, homes are being foreclosed, and services are being cut; and
4. St. Lucie County has one of the highest foreclosure rates in the nation. In 2007,
St. Lucie County had 4,945 homes in foreclosure. Indian River County had 1,057 and Martin
County had 750. In 2008, 9,751 mortgage foreclosure suits were filed in St. Lucie County. In
2009 through March 17, 1,990 mortgage foreclosure suits have been filed in St. Lucie County.
5. St. Lucie County has the highest local unemployment rate in the Treasure Coast
region, increasing to 12.1 percent, up from 6.4 percent last year. Martin County has a 7.8 percent
rate and Indian River County has 9.5 percent rate; and
6. Certain sectors of the County's economy such as biochemistry research are doing
well but other sectors such as the housing industry have been negatively affected by the economic
downturn; and
7. The United States Congress is working on a federal economic stimulus package to
counter the effects of the economic downturn; and
8. The efforts at the federal level are expected to take several months to implement;
and
9. It is imperative that the County take immediate steps at the local level to provide
relief to County residents and to provide jobs in an effort to decrease the current St. Lucie
County unemployment rate; and
10. Through the efforts of the Board of County Commissioners of St. Lucie County,
Florida, the County's fiscal situation is stable and sound so that the County is able to provide local
economic stimulus; and
•
j
11. The County's procurement policies will be revised temporarily; and,
12. It is the intent of the Local Economic Stimulus Ordinance to accomplish the
initiation and implementation of the described temporary programs to relieve the local economic
emergency to the greatest extent possible; and
13. The Ordinance provides that the Board may adopt Local Economic Stimulus projects
by resolution.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida, as follows:
Section 1. Local Economic Stimulus Projects. Effective May 1, 2009, the County
Administrator is authorized to use the competitive bid or quote process provided for in state and
local law for local economic stimulus economic stimulus projects attached as Exhibit "A".
Section 2. Effective. This resolution shall take effect upon adoption.
Section 3. Adoption. After motion and second, the vote on this ordinance was as
follows:
Paula A. Lewis, Chair XXX
Charles Grande, Vice Chair XXX
Commissioner Doug Coward XXX
Commissioner Chris Craft XXX
Commissioner Chris Dzadovsky XXX
PASSED AND DULY ENACTED this 28th day of April, 2009.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Approved Projects from the Local Economic Stimulus Program
Central Services
1) Courthouse Annex Phase 1A
2) South County Annex AC Maintenance*
3) State Attorney Office AC Maintenance*
Parks & Recreation
1) Lawnwood Sports Complex Restroom and Concession
2) Martin Luther King Restroom
Public Works
1) Angle Road Sidewalk Phase 2 (Avenue M to Orange Avenue)
2) Avenue D Sidewalk Construction
3) Admiral and Cortez Culvert
4) Esplanade and Cortez Culvert
5) Five Mile Creek at Whiteway Dairy Culvert
6) Walton Road Improvements Phase 1 Construction
EXHIBIT "A"
MOSQUITO CONTROL DISTRICT
www.co.st-lucie.fl.us
www.stlucieco.org
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Chris Dzadovsky, Chairman District No.1
Chris Craft, Vice Chairman District No. 5
Doug Coward District No. 2
Charles Grande District No. 4
Paula A. Lewis District No. 3
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MINUTES
Approve the minutes from the April 14, 2009 meeting.
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 29 and 30.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need
a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the
proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual
testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community
Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
MOSQUITO CONTROLL DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEFTING
Date: April 14, 2009
Convened: 9:50 a.m.
Adjourned: 9:51 a.m.
Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward,
Chris Craft, Charles Grande
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County
Administrator, Don West, Public Works Director, Mike Powley, County Engineer,
Millie Delgado -Feliciano, Deputy Clerk
I. MINUTES
Approve the minutes from the March 24, 2009 meeting.
It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the
meeting held March 24, 2009, and; upon roll call, motion carried unanimously.
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent
Agenda, and; upon roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No. 26, 27 and 28.
The Board approved Warrant List Nos. 26, 27 and 28.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
04/17/09 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #29- 11-APR-2009 TO 17-APR-2009
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES
145 Mosquito Fund 44,231.83
GRAND TOTAL: 44,231.83
PAGE 1
PAYROLL
33,377.82
33,377.82
EROSION DISTRICT
www.co.st-lucie.fl.us
www.stiucieco.org
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Chris Craft, Chairman District No. 5
Charles Grande, Vice Chairman District No. 4
Doug Coward District No. 2
Chris Dzadovsky District No.1
Paula A. Lewis District No. 3
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MINUTES
Approve meeting minutes from the April 14, 2009 meeting.
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 29 and 30.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need
a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the
proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual
testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community
Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
EROSION DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: April 14, 2009 Convened: 9:51 a.m.
Adjourned: 9:52 a.m.
Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Doug Coward, Paula A. Lewis,
Charles Grande
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County
Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado -
Feliciano, Deputy Clerk
I. MINUTES
Approve meeting minutes from the March 24, 2009 meeting.
It was moved by Com. Grande, seconded by Com. Coward, to approve the minutes of
the meeting held March 24, 2009, and; upon roll call, motion carried unanimously.
H. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve the Consent
Agenda, and; upon roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No. 26, 27 and 28.
The Board approved Warrant List Nos. 26, 27 and 28.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
04/17/09 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #29- 11-APR-2009 TO 17-APR-2009
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 3,112.58
GRAND TOTAL: 3,112.58
PAGE 1
PAYROLL
4, 966.40
4, 966.40