HomeMy WebLinkAboutInformal Packet 10-27-2009'~ -_ ~ -
AGENDA
Tuesday, October 27, 2009
1:30 P.M.
INFORMAL MEETING
1. CALL TO ORDER - COMMISSIONER LEWIS, CHAIR, BOARD OF COUNTY
COMMISSIONERS
2. SILVER LINE PLASTICS -BILL HOEFFNER
3. SENATE BILL 360 EXTENSION POLICY -MARK SATTERLEE/DAN MCINTYRE
4. AIRPORT RENT ABATEMENT - FAYE OUTLAW/DIANA LEWIS
5. DISCUSSION ON LEGISLATIVE DELEGATION ISSUES
6. UPDATE ON THE LOCAL PREFERENCE ORDINANCE
7. FAA POLICY ON RUNWAY REHABILITATION -COMMISSIONER DZADOVSKY
8. ADJOURNMENT
CONFERENCE ROOM #3
ROGER POITRAS ADMINISTRATION ANNEX
2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982
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~xamine any individual testifying during a hearing upon request. Anyone with a disability
requiring accommodation to attend this meeting should contact the St. Luae County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48)
hours prior to the meeting.
Item #2
SILVERLINE PLASTICS
Silverline Plastics has purchased the land and building of a prior plastic extruding
company that had closed. The property is located on Enterprise Road in an area in
close proximity to the County's Public Works site on Edwards and Oleander. Enterprise
Road runs parallel to Oleander to the west.
Silverline intends to make an approximate $6 million capital investment with $1 million
for land and $5 million for building improvements and equipment. Land acquisition has
been completed.
Silverline projects employing 24 employees during their first year of operation, 36 during
the second year, and 44 during the third year and thereafter. The average wage is
projected to be $15.69 per hour. This is below the County's average wage of $16.97.
JGIG: If awarded a JGIG grant, the grant would be in the amount of $72,600 allocated
over a three year period.
AD VALOREM: If awarded an Ad Valorem Tax Abatement, the abatement would be in
the amount of $146,250 provided over a period of six years on a declining basis.
The Board's direction in providing a JGIG grant and an Ad Valorem Tax Abatement is
being requested.
Item #3
GROWTH MANAGEMENT
Director
MEMORANDUM
TO: Board of County Commissioners
FROM: Mark Satterlee, AICP, Growth Management Directa~
DATE: October 27, 2009
SUBJECT: Draft Staff Recommendation on Implementation of SB 360 -Extensions
Background
In response to passage of SB 360, staff has formed a Working Group to evaluate the provisions
of the bill, determine their impact on County proceedings and develop recommendations on
implementing the various components therein.
To date, staff has recommended a "wait-and-see" posture to the Board as clarification has been
sought on how the bill is to be implemented or interpreted, and for resolution to a constitutional
challenge brought by several local governments -including St. Lucie County. A September 24,
2009 webinar update sponsored by the City of Weston on the status of the constitutional
challenge to the bill indicated that it is unlikely that there will be a resolution to the challenge in
2009.
As the window for applying for the statutory extensions ends on December 31, 2009, and with
no resolution to the challenge appearing in the near-term, staff recommends the Board consider
setting policy for the further processing of SB 360 extension requests.
There continues to be debate around the state concerning the extent to which the extension
provision applies to local development orders and permits. The current consensus view is that
while the extension provision is poorly worded, it does apply to locally issued development
orders and building permits. This is the general opinion provided by the Florida Association of
County Attorneys Growth Management Committee.
The extent to which each jurisdiction interprets and/or implements the extension provision
appears to be a local decision. This is based, in part, upon the written opinion of the Department
of Community Affairs in their written policy statement on the extension provision. That statement
includes the following quotation:
SB 360 -Section 14, Extensions
Draft Implementation Policy
October 27, 2009
Page 3
• All other requests for statutory extension must be found to be in significant compliance
with all approved development order conditions of approval no later than December 31,
2009.
• Applications found to be substantially compliant with the conditions of approval will have
a Growth Management Order prepared memorializing the extension. The extended
project is then entered into the GM and/or Building Permit database for further tracking
and monitoring. A draft Growth Management Order is attached.
• Statutory development order extensions will be granted for two-years from the da#e of
County approval expiration.
• Should staff be unable to determine if a request for statutory extension is not in
significant noncompliance, the item may be referred to the BOCC for action. Should a
request be denied by staff, any appeal would be to the BOCC.
• Staff recommends statutory extension and LDC extensions run concurrently. Once the
statutory extension expires, there is no eligibility for a further LDC extension and those
wishing to pursue the project must reapply.
• Included in the Growth Management order and building permit extension letter
memorializing the statutory extension will be language advising that St. Lucie County is
a party to the lawsuit challenging the constitutionality of SB 360. Should the lawsuit be
successful and SB 360 is ruled unconstitutional, the extension provided therein will be
void.
Recommendation
Staff recommends the Board review and discuss the draft SB 360 statutory extension policy and
provide further direction on implementation.
Attachments
• Draft Growth Management Order for statutory extensions
• Draft Building Permit extension letter
• Extension Request Matrix
SB 360 -Section 14, Extensions
Draft Implementation Policy
October 27, 2009
Page 2
"Local governments will have to determine the scope of the statutory extension for local
government-issued development orders or building permits except those that pertain to
developments of regional impact."
Seventeen requests for extensions have been received so far and it is estimated there are
approximately 60 projects potentially eligible as their expiration date falls within the statutory
window.
Staff has conducted a preliminary analysis of the conditions of approval for each request and
created a tracking matrix. To date, one request for extension has been denied for falling outside
the statutory window. Also, one request has been determined to be in significant noncompliance
with the conditions of approval and that has been established through the issuance of a letter.
Staff has provided a response letter to the other requests acknowledging receipt of the request
and stating that the County will follow-up when an extension policy has been set.
The Building Division estimates that there are approximately 750 building permits that may be
eligible if extensions are granted for all permits, including those that are not associated with a
project having FDEP or SFWMD permits.
Draft SB 360 Extension Procedures
Based on the preceding, staff has outlined the following SB 360 statutory extension procedure:
Applicants for potentially eligible development orders and building permits must provide
a letter to St Lucie County no later than December 31, 2009 requesting the extension
and provide the information required under Section 14, subsection 3. Staff is also
recommending a fee of $500.00 to cover the cost of reviewing and processing the
extension requests. A $75 fee is proposed for extensions of building permits not
associated with a development order.
• Staff will evaluate each request and make a determination of whether the application is
substantially in or out of compliance with the conditions of their development order or
building permit. In general this review will consist of evaluating each approving
document for timely addressing of conditions of approval. Failure to timely meet
conditions of approval that involve dedications of right-of-way, installation of required
infrastructure, code enforcement violations or non-payment of proportionate fair share
are examples of substantial noncompliance.
Applications found to be in significant noncompliance will be issued a warning letter,
notice of violation, and/or be subject to initiation of formal enforcement as applicable.
The letter will provide a compliance date of December 31, 2009, past which the
application will be determined to be ineligible for the statutory extension.
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GM-09-XXX
(File No. XX)
AN ORDER GRANTING A TWO-YEAR STATUTORY
EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
ACT TO THE SCHEDULED EXPIRATI DATE TO THE
PREVIOUSLY APPROVED EXA PRELIMINARY
PLANNED UNIT DEVELOPMENT P N FOR THE
PROJECT TO BE KNOWN AS
WHEREAS, the St. Lucie County Gro ar~err~-nt Di or has reviewed the
request for Development Order extensi imely submitted and i ccordance with the
provisions of The Community Renewal c beh~f of Pro ert o / elo er ,and
has made the following determinations: ~
1
2.
3.
4.
On, XXX, 2007, the S~
approval, through es
owner/developer), for the
P( UDC approv the pi
located on t oca )_ ar
of County Commissioners granted
the petition of Pro ert
m finned Unit Development
pct Name), on property
in Part C below.
harlie gist, signed into law, Chapter 2009-
~own as the "Community Renewal Act"
ecognition of the 2009 real estate market conditions,
a velopment order or permit that has an expiration
hrough January 1, 2012, may be eligible to be
for a period of two (2) years following its date of
The Act further p~Gides that the request for statutory extension must be timely
made in writing by December 31, 2009; identify the specific authorization for
which the extension is requested, the intended use of the extension and the
anticipated time frame for acting on the authorization.
5. Further, pursuant to the Act, the request for statutory extension must be reviewed
by Growth Management staff and found not to be in significant noncompliance
with the original St. Lucie County development order granting approval.
County Boar
07-XXX,
File No.: GM Order 09-XXX
XX, 2009 Page 1
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6. Any extension granted pursuant to the Act, is the result of the St. Lucie County
Board of County Commissioners' good faith interpretation of the Act. By
accepting this extension, the applicant acknowledges that there are portions of
the Act that are ambiguous, and that there are contrary interpretations of the Act.
The applicant also acknowledges that the constitutionality of the Act has been
challenged. Accordingly, by accepting this extension, the applicant agrees to
hold St. Lucie County harmless in the event a urt of competent jurisdiction
determines that the extension granted by St County were not legally
granted, or in the event that the extension is equ revoked based on the
constitutional challenge to the Act.
7
This statutory extension is exclusive
approval extension that may b
Development Code. Any Land D~
reviewed and approved in acco
Development Code.
NOW, THEREFORE, BE ITS
Director for County Commis
A
Pursuant to
D by the S~!
ll~ucie Cou
prove
r with any request for
Lucie County Land
ust a applied for,
si f the Land
county Growth Management
munity~Renewal Act" of 2009, the
o t PUD approval for the project
f to be eligible for and consistent
14 of SB 360 such that the approval
d for two years and shall now expire
to be know
with the prov
gra de
20.
B. All ms and
full fo and
C. In the even
granted by the
D
lution No. 07-XXX, shall continue to remain in
!se amended.
determines that the Act is unconstitutional, the extension
all become null and void.
The property on~vhich this development order extension is being granted is
described as follows:
(Location: )
41 ~ E. The conditions set forth in Part B are an integral non severable part of the site
File No.:
XX, 2009
GM Order 09-XXX
Page 2
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F
G
plan approval granted by Resolution No. 07-XXX. If any condition set forth in
Part B is determined to be invalid or unenforceable for any reason and the
developer declines to comply voluntarily with that condition, this development
order extension approval granted by this resolution shall become null and void.
The St. Lucie County Growth Management Director is hereby authorized and
directed to cause notation of this Order to be made on the Official Zoning Map of
St. Lucie County Florida and to make notatiorLof reference to the date of
adoption of this Resolution. ~\
This order shall be recorded in the Public
ORDER effective the XX day of XX, 2009,
Lap
H:/S6360/GMOrder 09-XXX S6360.clean up version.doc
File No.:
XX, 2009
County.
County Attorney
GM Order 09-XXX
Page 3
Draft
DATE
NAME
ADDRESS
CITY, STATE ZIP
RE: TVVO-YEAR STATUTORY EXTENSI
TO THE SCHEDULED EXPI
ON PROVIDED gy SENATE BILL 360
BUILDING PERMIT #####~TION DATE TO THE PREVIOUSLY Ap
The St. Lucie Count PROVED
Y Code Compliance Manager has reviewed t
permit extension timely submitted and in accord
360 on behalf of ance with the provisionseSt for building
determinations: Pro ert owner/contractor , •f Senate Bill
and has made the following
1 On, ~, 2007, the above building er
on XXX, 2008 p mit was issued and is scheduled to ex ire
2. P
On June 1, 2009 Florida Governor Charlie Cris
Florida Legislature, the Committee Substit
t, signed into law from the 2009
Senate Bill 360 2nd Engrossed version ute for Committee Substitute for
"Community Renewal Act" (the "ACT~~~ more common)
Y known as the
3• Section 14 of this Act provides that in recognition
conditions, any local government issued development oeder o9 real estate market
expiration date of September 1, 2008 through January 1, 2012 ma
be extended and renewed for a period of two Permit that has an
y be eligible to
expiration. (2) years following its date of
4. Section 14 of the Act further provides that the request for statuto eaten
timely made in writing by December 31, 2009; identify the specific authoszation
for which the extension is requested, the intended use of the extension and the
anticipated time frame for acting on the authorization.
5. Further, pursuant to Section 14 of the Act, the request for statutory extension
must be reviewed by Code Compliance staff and found not to be in significant
noncompliance with the original St. Lucie County development order and building
permit.
NAME
DATE
Page2of2
n ranted pursuant to Chapter 2009-96, Laws missione s( goodf faith
6. Any extensfo g Board of County Com licant
the result of the St. Lucie CountByy accepting this extension, the app
interpretation of SB 360.
es that there are portions of SB 360 that avant alsfo acknow edges
acknowledg
there are contrary interpretations of SB 360. The app Accordingly, by
that the constitutionality of SB 360 has been challenged. harmless
acre ting this extension, the applicant agrees to hold St. Lucie County
p
the event a court of competent jurisdiction dnted foe n the event that the
fn
granted by St. Lucie County were not legal y Bra ,
ion is subsequently revoked based on the constitutional challenge to SB
extens
360.
This statutory extension is exclusive of and runs curre St Luche Countye Land
7• be provided by the
approval extension that may Ifed for,
Development Code. Any Land Development Cothet eensovisions of athe Land
reviewed and approved in accordance w P
Development Code.
Pursuant to the provisions of Section 14 of the Committee Substitute for Committee
Substitute for Senate Bill 360, 2 Engrossed version, more commonly known as the
"Community Renewal Act" of 2009, the above building permit has been found to be
eligible for and consistent with the provisions contained in Section 14 of SB 360 such
that the approval granted under that building permit is extended for two years and shall
now expire XXX, 20.
Sincerely,
Christopher Lestrange
Code Compliance Manager
Building Official
cc: Permit File
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Item #4
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Memorandum
To: Board of County Commissioners
Through: Faye W. Outlaw, MPA, County Administrator
From: Diana Lewis, Airport Director-~
Date: October 23, 2009
Subject: Rent Abatement Requests from Tenants
Key Air, a Fixed Based Operator (FBO) on the Airport, currently has two leases with the
Airport. One lease is for an existing FBO operation that they had assigned from a
previous tenant. The other lease is for undeveloped property that they planned to
develop with a new terminal and hangars.
Key Air has notified the Airport (copy attached) that they are requesting a three year
total rent abatement on the undeveloped parcel along with a delay in their
development plans or that they would cease rent payments on this property on
November 1, 2009. The impact to the Airport budgeted revenues for FY 2010 will be
$321,708. Under the terms of the lease, if Key Air defaults on their lease for non-
payment, the County can terminate the lease and retain the security deposit of $60,925.
In addition to this impact, the other FBO, Volo Aviation, has requested a reduction in
their annual CPI adjustment from 5% to 2.4%. ASI, a company in the Airport Industrial
Park, has also requested rent abatement, although there was no specific amount
requested.
These requests for rent abatement would have a significant impact on the Airport's
budget and the ability to provide the local match of $485,600 for a project in the FY
2010 Capital Program, the Taxiway C Rehabilitation project.
A Pavement Management Report prepared for FDOT in February 2008 indicates that
Taxiway C is in fair condition northwest of Taxiway D, but is in poor condition to the
southeast of this point so will need to be rehabilitated in the 2012 timeframe. Per the
FDOT staff, the Airport cannot delay executing the Taxiway C grant for another year. If
not used, the $1,942,400 grant will go back to FDOT to use for another project.
Due to the Key Air notice that they intend to stop rent payments on their undeveloped
parcel lease if they are not granted a three year abatement of the rent, staff is not in a
position to support any rent abatements at this time. Unless the Board directs
otherwise, staff will prepare a response to Key Air that their request for a three year
rent abatement will not be considered. It is staff's position that the Key Air lease for the
undeveloped parcel be terminated if they default due to non-payment and staff will be
prepared to take this to the Board for consideration.
Staff also intends to proceed with the Taxiway C project unless Key Air defaults and the
Taxiway C project will have to be cancelled because planned local match on this project
will need to be used to backfill the revenue loss from Key Air's default. If Key Air does
not default, staff would consider a recommendation to the Board in December for
possible tenant rent abatements using the Project Reserves of $101,000.
cc: lee Ann Lowery, Assistant County Administrator
Marie Gouin, OMB Director
KEYAI R
Tuesday, October 13, 2009
Diana D. Lewis, A.A.E.
Airport Director
St. Lucie County International Airport
3000 Curtis King Blvd.
Fort Pierce, FL 34946
1
Re: Sublease Dated as of May 16, 2008, between St. Lucie County (the "County") and
Treasure Coast Aircraft Management, LLC (by assignment from Mobarak Aircraft L.L.C.)
("Treasure Coast") for Premises consisting of approximately 50 acres (the "Development
Parcel") at the St. Lucie County International Airport (the "Airport°)
Dear Diana,
As you are aware, with respect to the Development Parcel, Treasure Coast has previously
requested the abatement of rent and an extension of the deadline to begin
construction/permitting of improvements for each of the First, Second and Third Phases of the
Development Parcel.
=Irt the current economic environment, there is currently no demand for the development of new
airport facilities at this Airport. In addition, there is no financing available for such improvements
or facilities. Accordingly, the purpose for which we entered into the sublease for the
Development Parcel has been frustrated.
We request (i) that the rent for the Development Parcel be abated for thirty-six months,
commencing on November 1, 2009 and (ii) a thirty-six month extension of the deadline to begin
construction/permitting of improvements for each of the First, Second and Third Phases of the
Development Parcel. It is our hope and expectation that this thirty-six month period will see an
improvement in the economic environment, including the demand for new airport facilities and
the ability to finance such improvements.
Please be advised that, in the event that you are unwilling to grant these requests, we are
prepared to cease making the rent payments under the sublease for the Development Parcel
commencing on November 1, 2009.
We appreciate your time and your consideration in this matter.
Sincerely,
i~~ ~"L ~'
Brad D. Kos
President, CEO
Key Air
P: 203-575-4400
F: 203-575-4544
bkost@keyair.com
KEY Filh LLC 3 Juliano Drive, Suite ZO7, ('ix(ord, Ci ~f,C78 203 261.060~i tel 203.261.0?1 S fax
V010 Aviation Wrt Pterce, LLC ~ 2982 Curtls Iting Blvd ~ FOtt Pierce, FL 34946 ~ $00-446-7$30 'F vOl0avlaGon.oom
Void A~•ivti;,n ti.C
15 October 2009
Faye W. Outlaw, MPA
County Administrator, SLC
T300 Virginia Ave,
Fort Pierce, FL 34982
Re: Annual CPI Adjustment
Ms Outlaw:
This letter is per your request for a review of the proposed land lease increase as calculated by the CPI
published by the Bureau of labor Statistics (Consumer Price Index for U.S. City Average, June 2008).
We are asking far a reduction in the oroaosal of a 5.02% increase to a 2 4% increase in light of current
economic conditions. ' ~~ ~ •' ~~ '
As we had.previously discussed, this has become the toughest year for us and many of our sub-tenants. Per
many of our sub-tease contracts, that have been previously approved by the BOCC, this increase, as
.published, is to be .passed through, A smaller increase will assist us in keeping down costs and reduce our
need to cut back further. Unfortunately, the only certain method for us to reduce costs is by cutting
staffing. This is nvt something we wish to entertain.
The sub-tenant leases that are currently tied to the county's CPI calculation are:
Missionary Flights International
Aircraft Ground Equipment
Freedom Aviation Manufacturing
.Pnopiel~r .Paris Maflcei
Aircraft Parts Market
Turbine Works
KJS, Inc
.Aircrafx Repair Station
Sorrell Aviation
Wolfenden Enterprises
Bryant, Mike
B&E Houck Enterprises (Aviator Flight College)
Tradewinds Flight School .
We appreciate the
Cc:
Diana Lewis, SLC Airport Director
Michael Allen, CFO, Volo Holdings
Brian Ciambra, C00, Voto Holdings
®~' N AUTOMATED SERVICES
INCORPORATED
August 19, 2009
Ms. Diane Lewis
Saint Lucie County
3000 Curtis King Blvd.
Fort Pierce, FL 34946
Dear Ms. Lewis:
za
~~ 119
.. ..~ ~.ai,RAOI . !: ~.
Commercial rents everywhere have plunged as companies downsize and go
out of business. Rent reductions and vacancy rates are near record level highs
and rising. Everything we read tells us unemployment rates will rise more as other
businesses, small and large file for bankruptcy, leaving more large spaces empty.
As of July of this year, our revenues are down 44°~ from last year. Unfortunately,
we have had a few lay offs but have been. able to keep most of our employees working
with a few less hours per week. We are aggressively quoting for new work but it takes
time to secure new work and takes more time to figure out how to produce new parts
and make a profit.
Our expenses continue to rise, electric is at an all time high, multiple insurances
required by our lease continue to rise each year, health care costs alone rose more
than 2590 this year. Unfortunately, we had to pass part of those increases along to our
employees because we just could not withstand the increased costs alone.
We understand the county probably has it's own problems and we are not alone.
Because of our long standing relationship with the county, we ask that the county
extend temporary rent reductions. Please let us know what the county can do
to help us.
Sincerely, ,:..~
r..' ~
~'1''`f
J. Mark Bradshaw
' President, Automated Services Inc.
2700 Industrial Avenue Three
Airport Industrial Parlc
Fort Pierce, Florida 34946
Fax 772-461-9731
Phone 772-461-3388
Item #5
STATE LEGISLATIVE ISSUES
The St. Lucie County Legislative Delegation will hold its annual delegation meeting on
Friday, November 20, 2009 from 9AM until 2PM1 at the St. Lucie County Commission
Chambers. Anyone who wishes to have a local issue introduced for the 2010
Legislative Session must submit the issue to each member of the delegation no later
than Tuesday, November 10, 2009.
The Board is being asked to provide direction to staff regarding issues to be presented
to the St. Lucie County Legislative Delegation at its upcoming meeting.
Issues presented last are the following:
• County Jail Housing State Prisoners
In increasing numbers, county jails are housing state prisoners. Greater than
575 State prisoners housed at the St. Lucie County jail averaging 80,920 bed
days per year cost local taxpayers $4.1 million every year. St. Lucie County
supports state compensation to counties for the following state inmates
housed in county jails: retake warrants, inmates sentenced to prison and
awaiting commitments, writs from prison, and persons charged with a felony
violation of probation.
• Medicaid Nursing Home Billings
The Agency for Health Care Administration (AHCA) has proposed increasing
the monthly share that the County currently provides for Medicaid Nursing
Home billings from $55.00 to $202.00 per month per client. This increase
would represent an increase of over 247%. Any increase in the per client
share would severely impact the County's budget. The aging population and
the population growth have increased the County budget responsibility
without any change in the $55.00 share. Therefore, it is very important that
the current required level of responsibility remain constant or decreased and
not increased.
• State Housing Initiative Program (SHIP) And Transportation Disadvantaged
Trust Fund
Two programs that have been funded by Trust Funds that were established
through user fees are the State Housing Initiative Program (SHIP) and the
Transportation Disadvantaged (TD) program. These two programs provide
vital services that assist our most vulnerable citizens with a hand up rather
than a hand out. St. Lucie County urges our delegation to only allocate the
SHIP and the TD Trust Funds for those two programs and not divert the funds
to the general fund. Additionally, the repeal of the cap on the Housing Trust
Fund is necessary to keep the SHIP funding as a viable source of funding for
housing the elderly, the infirm and our essential workforce.
Potential new issues include the following:
• Rate of inmate hospital billings,
• Offshore drilling,
• Senate Bill 360.
Item #6
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