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Home My WebLink AboutAgenda Packet 09-21-2010September 21, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA 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 2rior 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. September 21, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org { A, ii±Jx., ..,.A..,-da ri r Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 9, 2010 Preliminary Budget Public Hearing. Approve the minutes from the September 14, 2010 meeting. IV. PROCLAMATIONSIPRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-221 — Proclaiming the fourth Monday in September 2010 as "Family Day — A Day to Eat Dinner with Your with Your Children" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 10-221 as drafted. B. COUNTY ATTORNEY Resolution No. 10-243 —"Indian River State College Month". Consider staff recommendation to adopt Resolution No. 10-243 as drafted. C. Dr. Joe Schaefer, OF/IFAS South Florida District Extension Director, will present the following awards: The Florida Entomological Society 2010 Achievement Award for Research Teams for the Tropical Soda Apple Integrated Pest Management Program The Association of Natural Resources Extension Professionals Gold (first place national): Promotional Materials Award for the Sea Turtle Friendly Beaches Program The Association of Natural Resources Extension Professionals Bronze (third place national): Outstanding Team for the Tropical Soda Apple Integrated Pest Management Program V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 51 COUNTY ATTORNEY Resolution No. 10-244 — Property Assessed Clean Energy (PACE) Consider staff recommendation to adopt Resolution No. 10-244 as drafted. C. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for July, 2010 Consider staff recommendation to approve authorization for payment of Prison Health Services invoice number PHS0008076 for HIV medications for the period of July 01, 2010 through July 31, 2010, in the amount of $38,484.90. 2. Electron Open Enrollment of Employee in County Offered Benefits. Consider staff recommendation to approve the implementation of electronic benefit enrollment and agreements with Benefits Technology Division 3, LLC and Common Census, Inc. and authorization for the County Administrator to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Rezoning Request— Hardscapes, Inc. Consider staff recommendation to approve adoption of Resolution No. 10-107 approving the petition of Hardscapes, Inc. for a change in zoning from CO (Commercial, Office) to CG (Commercial, General), as outlined in the agenda memorandum. VIII. HUMAN RESOURCES Bid for Employee Dental Benefits Consider staff recommendation to approve to award Employee Dental Benefits to Delta Dental as provider of employee dental benefits effective January 1, 2011 and authorization for the Chairman to sign documents as approved by the County Attorney and Board decision regarding County contribution from options delineated on Attachment C. IX. ANNOUNCEMENTS The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 23, 2010 at 6:00 p.m. St. Lucie Cooperative Extension will hold a Spread the Shade Plant a Tree, Tree Give -A -Way on Saturday, September 25, 2010 at 7:00 a.m. at the Civic Center located at 9221 SE Civic Center Place, Port St. Lucie. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 28, 2010 at 1:30 p.m. in Conference Room #3. The St. Lucie County Master Gardener 27m Annual Plant Sale will be on Saturday, October 9, 2010 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. For more information please call 772462-1660. 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. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA TENTATIVE FY 2010/2011 BUDGET PUBLIC HEARING Date: September 9, 2010 Convened: 6:00 p.m. Adjourned: 8:15 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, OMB Director, Jennifer Hill, Budget Manager, A. Millie Delgado - Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARING ON THE TENTATIVE BUDGET FOR FISCAL YEAR 2010.2011 THE PURPOSE OF THE PUBLIC HEARING IS TO ADOPT THE TENTATIVE MILLAGE RATES AND A BUDGET FOR FISCAL YEAR 2010-2011. A. DISCUSSION AND READING OF THE ROLLED -BACK RATE. THE ROLLED -BACK RATE IS: 8.2620. THE PROPOSED AGGREGATE MILLAGE RATE IS 8.0853, WHICH IS 2.14% BELOW THE ROLLED -BACK RATE. The Management and Budget Director advised those present of the following: • Total Aggregate Millage 2009-10 7.3057 • Rollback Rate 2010-11 8.2620 • Proposed Millage 2010-11 8.0853 • Prior Year's Value • Gross Value 2010-11 • Aggregate Millage Increase (Decrease) 2010-11 proposed millage 0.7796 • Increase (Decrease) over Rollback 2010-11 proposed millage-0.1767 • Percentage increase(decrease) in Aggregate Millage over Rollback - 2.14% Debt Service Funds: Taxes: $124,423,595 Rollback Taxes: $125,479,465 Proposed Taxes: $122,796,514 $17,031,103,295 $15,187,541,100 • Environmental Lands 2009.10 Millage 0.0459 2010-11 Proposed Millage 0.0459 • Taxes 2009.10 $790,848 2010-11 Proposed Taxes 705,473 • Port Property Bond 2009-10 Millage 0.0154 2010-11 Proposed Millage 0.0154 • Taxes 2009-10 $265,339 2010-11 Proposed Taxes 236,694 Total Debt Service Funds: 2009.10 $1,056,187 Total Debt Service Funds: 2010.11 $ 942,167 Grand Total of Taxes: 2009-10 $125,479,782 Grand Total of Taxes: 2010.11 $ 123,738,681 (proposed) B. BUDGET OVERVIEW The County Administrator provided a power point presentation on the budget. (This presentation is attached to the original minutes). C. MILLAGES AND BUDGETS (NOTE: ONLY MILLAGES WILL BE READ INTO THE RECORD. FUND BUDGETS ARE PROPOSED AS LISTED). 001 101 ............. __.......... ......... ........... .. _... Transportation Trust Fund Unincorporated Services Fund (Community 102 Development MSTU) _. ...._ _ Drainage Maintenance MSTU (Stormwater 102001 Management MSTU) 103 Law Enforcement MSTU 104 Grants & Donations Fund .._ 105 . ........ _._._.. _ ..._ ..._ Library Special Grants Fund 107 Fine & Forfeiture Fund _._.._.. 109 _. ........ _ ..__......... . ..... ............ Drug Abuse Fund 111 River Park I Fund (SISD 1) 112 River Park II Fund (SISD 2) 113 ...._._ Harmony Heights 3 Fund (SISD 3) 114 Harmony Heights 4 Fund (SISD 4) 115 Sheraton Plaza Fund (SISD 5) 116 Sunland Gardens Fund (SISD 6) _ _. 117 Sunrise Park Fund (SISD 7) 118 Paradise Park Fund (SISD 8) 119 Holiday Pines Fund (SISD 9) 120 The Grove Fund (SISD 10) 121 ._...... - Blakely Subdivision Fund (SISD 11) 122 Indian River Estates Fund (SISD 12) 123 Queens Cove Lighting Dist#13 Fund (SISD 13) 126 Southern Oak Estates Lighting (SISD 126) 127 Pine Hollow Street Lighting MSTU 128 Kings Hwy Industrial Park Lighting 129 Parks MSTU Fund 130 SLC Public Transit MSTU 136 Meadowood MSTU 138 Palm Lake Gardens MSTU Fund 139 Palm Grove Fund (SISD 16) 140 Airport Fund 140001 Port Fund 142 Port MSBU Development Fund . _.......... .. 145 Mosquito Fund 146 Mosquito State I Fund ...... . 150 Impact Fee Collections 160 Plan Maintenance RAD Fund 162 Tourism Dev-5th Cent 170 Court Facilities Fund 171 Court Facilities Fund -Court Costs 181 SLC Housing Finance Authority Fund 182 Environmental Land Acquisition Fund 183 Ct Administrator-19th Judicial Cir 184 Erosion Control Operating Fund (District E) 185 Housing Assistance SHIP Program 187 Boating Improvement Projects 188 Bluefield Ranch Improvements 189 Hurricane Housing Recovery Pla 190 Sports Complex Fund 204 Communication System I&S Fund 210 Impact Fees I&S 215 Sales Tax Revenue Bonds I&S Fund 2.8707 155,016,767 61, 346,750 0.4380 1 5 0.4731 !. .....:_. 11,349,483 0.5103 3,096,667 :..... ........ __ . ;.. ....... , 588174 93,340 3.9699 _. _...._..._ _..... . ........: ___... 71,102, 311 51,164 46,347 9, 046 4,780 9,194 11,151 10,181 3,155 15,002 3,602 2,567 17,358 ................... . 6, 770 ............ 4,625 7,130 11, 520 0.2313 ! 10,377,966 0.1269 11, 860, 909 .. __.... _ _ _. 28,697 _ 5,269 13,222 __ 10,494,480 8,770,546 ............. 0.2036 6,915,492 36,263 359, 996 414,346 186,763 21396,748 175,417 _. 31,815 _ __..._... 78,227 2,880,640 0.0925 10,496,563 565,721 956,335 129175 1,265,412 2,409,144 413,973 427,560 6,718,533 2 216 County Capital I&S 1,518,414 217 State Revenue Sharing Bonds I&S 1,163,508 218 Transportation I&S Fund 3,523,413 242 Port I&S Fund :. 0.0154 839,926 ... 250 Capital Projects I&S 21,015,641 262 Tourism Dev 4th Cent I&S Fund 1,216,629 273 SHI Sp Assessment Rfd 1998 Bond 2,295,239 282 Environmental Land I&S Fund 0.0459 ! 1,574,394 295 River Branch I&S Fund ......... 60,598 296 No Lennard Rd 1 2,030,000 ..... 297 No Lennard Rd 2 _ 336,000 298 No Lennard Rd 1 176,000 301 So. County Regional Stadium 12,300 310 Impact Fee Funds 12,135,108 315 County Building Fund . 2,087,673 _ _ . 316 County Capital _ _ 19,231,204 317 County Capital -St Rev Share Bnd 4,334,588 318 __._... County Capital - Transportation 18,143,710 330 Lakewood Park Fund 8,950 362 Sports Complex Improv Fund .......... 959 212 370 MSBU Inhouse Financing Projects 739,446 382 Environmental Land Capital Fund 4,630,881 390 MSBU Capital __..... 10,601,019 396 Lennard Road 1- Roadway Capital 5,384,996 _ 397 Lennard Road 2 - Water Capital 937 842 , 398 Lennard Road 3 - Sewer Capital 305,625 , 401 Sanitary Landfill Fund 21,608,691 418 Golf Course Fund 1,443,323 451 S. Hutchinson Utilities Fund _. 4,859,270 458 SH Util-Renewal & Replacement 390,541 471 No County Utility District -Operating 6,395,839 478 No Cty Util Dist -Renewal & Replace 282,251 479 No Cty Util Dist -Capital Facilities 2,294,859 491 Building Code Fund 1,813,388 505 Insurance & Loss Fund 35,182,360 610 Tourist Development Trust Fund 646,691 611 Tourist Development Trust-Adv Fund 418,926 620 Law Enforcement Trust Fund 428,909 625 Law Library 417,627 665 SLC Art in Public Places Trust Fund 481,083 666 SLC Economic Dev Trust Fund 108,150 669 Lake Drive MSBU 13,171 681 King Orange 2 11,009 682 Skylark 2 7,705 683 Revels Lane 1 _ 13,424 685 Sunland Gardens MSBU 39,769 686 Greenacres MSBU 17,973 687 Indian River Estates MSBU _. 874,720 688 Briargate MSBU . 8,269_ 689 Rouse Road MSBU 15,492 690 Treasure Cove/Ocean Harbor S MSBU 86,823 691 North A1A MSBU 6,767 694 Raintree Forest MSBU _.. 8,127 Total Budget 579,544,947 Aggregate Millage Rate 8.0853 D. COMMENT ON ERRATA AND SUBSTANTIVE CHANGES. The Management and Budget Director addressed the Errata and Substantive changes. The total Errata is $12,446,489. E. PUBLIC COMMENT. 3 Mr. Vince Rahal, Property Appraiser's office addressed the Board and expressed the Property Appraiser's position before his untimely death. He stated Mr. Furst was opposed to raising the Millage rate. He advised the Board his staff is receiving calls from various residents indicating they cannot afford an increase in taxes. He also provided information regarding homesteaded properties and non -homesteaded properties. Com. Dzadovsky asked what would be the percentage of residents receiving an increase or decrease in taxes should the proposed millage rate be approved. Mr. Rahal stated 76% of the residents would receive a decrease and 24% would receive an increase. Mr. Jerry James, business owner addressed the Board in opposition to the proposed increase in millage rate. He expressed his concern on how the small businesses in the area would be affected. Ms. April Gentile, are property owner, addressed the Board and stated she has several properties in St. Lucie County and is having a difficult time keeping her head above water. She requested the Board not raise the millage rate. Ms. Patricia Ferrick area resident and representing Ms. Goodman from White City, addressed the Board and encouraged the Board go to the Roll Back Rate in order to provide some funding for the School Resource Officers. She also encouraged the Board to consider an MSTU to secure future funding for the program. Ms. Nellie Spinier, area resident, addressed the Board in opposition to the increase to the millage rate. She addressed the transit system and recommended less buses be utilized due to the lack of riders on the buses. Mr. Bud Wild area resident addressed the high unemployment rate in the county and expressed his opposition to the millage increase. Mr. Craig Mundt, area resident and member of the Citizen's Budget Committee, addressed the Board and commended the Board and staff for implementing the current policy. He stated he has seen the plan for services and he believes the residents will not see degradation in these services. He reminded all the valuation of property is the key component to the taxes. 76% residents will see a reduction in their tax rate and he hoped the media would report those figures. Com. Dzadovsky asked if the figures provided by the Property Appraiser's office included the commercial properties. Mr. Rahal stated the only exclusions were the exempt properties i.e. government properties where no taxes would be levied and excluded properties where exemptions were coming off and new construction, otherwise all others were included. Com. Grande stated he believed the 76% figure included all properties and commercial in this number they were not broken out separately. BOARD DISCUSSION OF THE MILLAGE RATES AND BUDGET. Com. Craft stated he believed Mr. Mundt made a valuable point. Three years ago they had a reduction in the tax rate and they actually had 10 to 15 times the people in the audience than today. The tax structure for the state of Florida is inequitable. There is an artificial cap placed on homesteaded properties. He voiced his opinion against Amendment 1 and the tax reform passed by the Legislature due to the fact he felt there would be consequences. It is very complicated. He stated he would be supporting the tentative millage increase. Com. Grande addressed those who have enjoyed the save our homes benefit. Com. Craft stated the millage increase does not necessarily indicate a tax increase to all. Com. Grande stated anyone who has the gap and has a residential property based on what they are proposing the increase would be 13%. Com. Craft stated every property has to be looked at individually. 4 Com. Grande stated he is not sure this is the year, based on the today's economy to have a 13% increase to those affected. This is too big of a jump based on an assumption. Com. Dzadovsky addressed the 40 million deficit projected in 2013 and if this was done today they may be able to close that gap and not have another increase in the future. When property values were at their peak, they had a millage rate of 7.5 and now they are looking at a millage rate of 7.1367 proposed when values are down 36%. What is the cost of running the government of St. Lucie County; this is a question he is asking. Beach front properties are coming back in value however, he has concern that they may have to remove lifeguards from all the beaches also losing the amenities and quality of life people expect businesses and people will not move here in the future. He proposed a lower millage rate increase and he is not in support in approving the higher rate proposed because there are many variables and they can review it next year if necessary. He does not wish to see St. Lucie County looking like a blighted community. He encouraged his fellow Board members to go to the .59 increase and not exceed that number as he recommended previously. Com. Lewis stated she has problem in mixing the figures. There is a problem in equating the value and the rate. Roll back means they would be collecting the same taxes as last year and they are not going to that, they are raising rates in hopes to prevent the large gap in FY 2013. If they wait until next year when there is another 5% projected decrease in value, they will receive less and waiting would be a dereliction of her duties. She believes they have no choice but to raise the rate. Com. Coward stated we are in one of the worst depressions in history and he knows individuals and businesses are struggling and there are many unemployed facing foreclosure. He believes they need to look at the non -homesteaded people and businesses that are feeling the hit. He stated he would support a millage increase but not at the magnitude that is being presented. This is not a small increase; it is a significant increase that will have a further detrimental effect. Com. Coward addressed the SRO program and stated the other agencies need to prioritize and come up with some funding. Four years ago the program cost 1.4 million today it is costing 3 million. There are other areas that need to be cut. He addressed the transit department and the director's salaries and the fact there have not been any cuts. He believes this needs to be addressed. He also addressed the cost in operating the jail, the energy use in county buildings and their inefficiency. Health benefits is another area that he believes should be reviewed. He stated he cannot support what is on the table until all other areas have been reviewed. Com. Lewis stated transit is handled through the Council on Aging and not under the county's control. Com. Coward stated he still believes this is too high of a salary and expressed concern with the request of an increase in the millage for transit. Com. Lewis will contact the transit department and obtain the information regarding any cuts in personnel or salaries. Com. Craft stated he did not believe this situation was going to be handled through an increase in the millage alone. He believes they were to have further discussions as originally scheduled. Com. Coward stated he would support an increase to offset the property value decrease created by Amendment 1, he believes the millage proposed is too high. He does not believe raising the millage now for many variables projected in 2013 is the thing to do. He does not believe Law Enforcement should have been exempted from this and indicated their budget has gone up 250% over the population growth. He believes there are additional cuts that can be made. His major concern is with the Transit MSTU. Com. Grande alluded to the previous discussions on the millage rate which was proposed for the purpose of having a rate for the trim notices and not agreeing to this being the actual rate. His question is are they looking to lower that rate tonight. Com. Coward stated he was not in a comfort level today to indicate what the rate should be and would like to continue to work with the Property Appraiser's office on the numbers and make a final recommendation at the next public hearing. Com. Grande reminded everyone that it is being projected the budgets are balanced for 2011 and 2012. 5 Com. Dzadovsky addressed the shopping in St. Lucie County and those who utilize the transit system to go to Martin Memorial Hospital. Com. Coward stated they have not been able to obtain any figures on how many people are going to Martin to work however, if they could get the salaries in check within the Transit system and also if they could direct the ridership to stay in St. Lucie County and direct them to St. Lucie West to support the shopping area in St. Lucie County, he would be more apt to support the Transit MSTU increase to offset the loss in the State. Com. Dzadovsky stated he sat on the Board for a year and they had a pretty good idea of the ridership even if they did not have the actual figures. The East/ West condor was added and this was an added expense and transit systems do not pay for themselves nationwide. He stated while he agreed to set the millage rate at this level, it was not his intention to make it the final number. The County Attorney gave legal direction and options to the Board. He stated they would need to set a tentative rate tonight and continue the meeting. Com. Dzadovsky stated his proposal was to set the rate at .5900 millage rate increases, bringing the current millage rate of 6.4612 up to 7.0512 instead of the current tentative rate of 7.1367 and this is below the 2006 millage rate. Com. Grande questioned the aggregate figure and if this was the total of the increase they are dealing with. The Management and Budget Director stated they would need to change each taxing district individually and this is something she would need to be informed of. The Budget Manager stated the aggregate millage rate calculation would be more difficult and this is why she gave the figure countywide. If it was not changed from the last meeting it would be 7.1367 countywide and if it were 7.0512 which is Com. Dzadovsky's latest proposal, it would be a reduction of 0.855 mills. The County Attorney advised the Board if they knew where they wanted to take the 0.855 mills from tonight they could move forward, or the alternative would be to move on the tentative millage with a clear understanding it will be lower than at least 0.855 and ask staff to come up with alternatives such as a A/B resolution that actually shows where the millage projections would be and provide direction where those funds should come from and at least they would have an alternative unless they already know where they want it to come from. The Budget Manager stated staffs recommendation would be it comes from the General Fund because this is where the money that is set aside for the budget stabilization is budgeted and the one place they would be able to re -balance out of the general fund and also have specific cuts to identify. The County Administrator stated her recommendation exceeded what they are considering and if they are going in the direction of lowering it, she would ask they take the County Attorney's recommendation and let them work through this because she is not ready to yield on the spot that reduction be made on the General Fund and Fine and Forfeiture Fund side outright given what they know today where the huge hole is. She would prefer not to work through it on the spot and take the County Attorney's recommendation and come back. G. MOTION TO APPROVE RESOLUTION NO. 10-235 ADOPTING THE FY 2010-2011 TENTATIVE MILLAGE RATES. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 10- 235, to include the County Attorney's comments, to bring back other recommendations and other scenarios, with the understanding that there is direction to staff to come back at the final hearing with reductions in the proposed millage of at least .0855 and provide the Board with alternatives and any information the Board may request in the interim, and; upon roll call, the vote was as follows: Com. Lewis stated she would not want to wait until the final hearing to hear the recommendations or changes and would recommend having a workshop prior to the next public hearing. 0 Aye's: Coward, Dzadovsky, Lewis, Craft; Nay: Grande, motion carried by a vote of 4 to 1. Com. Craft requested the Property Appraiser's attempt to provide the number of how many businesses will show a proposed increase and previously requested by Com. Coward. H. MOTION TO APPROVE RESOLUTION NO.10-236 ADOPTING THE FY 2010-2011 TENTATIVE BUDGET, INCLUDING THE ERRATA AND SUBSTANTIVE CHANGES. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No.10.236, And; upon roll call, the vote was as follows: Aye's: Lewis, Craft, Dzadovsky; Nay's: Coward, Grande, motion carried by a vote of 3 to 2. Com. Grande requested the background information be available to the Board to the earliest date possible before the scheduled work shop. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 7 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 14, 2010 Convened: 9:05 a.m. Adjourned: 9:35 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Chris Craft, Paula A. Lewis, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Joseph E. Smith, Clerk of the Circuit Court, Laurie Case Waldon, Utilities Director, Beth Ryder, Community Services Director, Debra Brisson, Parks and Recreation Director, Mark Satterlee, Planning and Development Services Director, Jim David, Mosquito Control Director, Millie Delgado -Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES The minutes for the September 7, 2010 . It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held September 7, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-233 —"Citizenship Day" and "Constitution Week" Consider staff recommendation to approve adoption of Resolution No.10-233 as drafted. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No.10-233, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No. 10-246 - "Fort Pierce Alumnae Chapter of Delta Sigma Theta Sorority, Inc. Day" in St. Lucie County. Consider staff recommendation to approve adoption of Resolution No. 10-246 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-246, and; upon roll call, motion carried unanimously. C. PSA Grant Program St. Lucie County Winner's presentation by Shane Dewitt V. GENERAL PUBLIC COMMENT None VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 50 The Board approved Warrant List No. 50. B. UTILITIES 1 Bid No. 10-053, Fairwinds Wastewater Treatment Plant Lift Station and Force Main project The Board approved Bid No. 10-053, Fairwinds Wastewater Treatment Plant Lift Station and Force Main Project to Melvin Bush Construction, Inc. of Port St. Lucie, in the amount of $185,066.67, Budget Amendment BA10-038, and authorized the Chairman to sign documents as approved by the County Attorney. C. MANAGEMENT & BUDGET Purchasing Division: 1. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. 2. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. 3. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Tax Collector's Office. 4. Bid No. 10-050, Purchase and Delivery of Common Fill Dirt The Board approved awarding Bid No. 10-050, Purchase and Delivery of Common Fill Dirt, to Austin Tupler Trucking Inc. of West Palm Beach and Steward Mining Industries, Inc. of Fort Pierce and authorized the Chairman to sign documents as approved by the County Attorney. 5. Bid No. 10-055, Baling Wire The Board approved awarding Bid No. 10-055, Baling Wire, to Accentwire of Tomball, TX., Cavert Wire of Atlanta, GA., Coastal Wire Company of Georgetown, S.C., L&P Wire -Tie Systems of Carthage, MO., and Lowe's Home Centers, Inc. of Port St. Lucie and authorized the Chairman to sign documents as approved by the County Attorney. 6. Request for Proposals (RFP) No. 10-047, Design/Build Landfill Leachate Pond Covers The Board approved awarding RFP No. 10-047, Design/Build Landfill Leachate Pond Covers, to Industrial & Environmental Concepts, Inc. of Minneapolis, MN., in the amount of $298,751.04 and authorized the Chairman to sign the documents as prepared by the County Attorney. Bid No. 10-045, Mowing Contract — Subdivision No. 3 (Indian River Estates) The Board approved awarding Bid No.10-045, Mowing Contract — Subdivision No. 3, to the lowest responsive and responsible bidder, Beimly Services LLC of West Palm Beach, and authorized the Chairman to sign documents as approved by the County Attorney. 8. Bid No. 10-054, Purchase of Corrugated High -Density Polyethylene (HDPE) Storm Sewer Pipe The Board approved awarding Bid No. 10-054, Purchase of HDPE Storm Sewer Pipe, to Ferguson Waterworks of Fort Pierce and HD Supply Waterworks, LTD., of Fort Pierce and authorized the Chairman to sign documents as approved by the County Attorney. 9. Bid No.10-052, Paving and Resurfacing for Parks and Recreation The Board approved awarding Bid No. 10-052, Paving and Resurfacing for Parks and Recreation, to Sunshine Land Design of Stuart and authorized the Chairman to sign documents as approved by the County Attorney. C. MANAGEMENT & BUDGET CONTINUED 10. Bid No. 10-037, Generator Preventive Maintenance, Service, Inspections and Load Bank Testing The Board approved award ing Bid No. 10-037, Generator Preventative Maintenance, Service Inspections and Load Bank Testing, to Power Pro -Tech Services of Maitland and authorized the Chairman to sign documents as approved by the County Attorney. D. HOUSING & COMMUNITY SERVICES 2 Housing Division: 1. Contract Cancellation The Board approved canceling contract C10-04-169 with Bodin Construction, Inc., execute a new contract with Terra Mar Construction, Inc., as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Change Order 1 to C10-07-310 The Board approved Change Order 1 to C10-07-310, as outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. Community Services Division: 3. Federal Transit Administration 5316 Job Access Reverse Commute (JARC) Grant The Board approved acceptance of FTA 5316, FL 37-X048-00, approval of Budget Resolution No. 10-241 and the agreement with the ARC of St. Lucie County, Inc. as outlined in the agenda memorandum; and authorized the Chairman to sign documents as approved by the County Attorney. PARKS & RECREATION SERVICES Waiver of Facility Rental Fees for Core Communities Port St. Lucie Fall Festival The Board approved waiving $5,042.50 in facility rental fees for Core Communities Port St. Lucie Fall Festival at Digital Domain Park as outlined in the agenda memorandum. HUMAN RESOURCES Compensation for Active Military Duty The Board approved extending military leave benefits as delineated in Section 3.17 of the St. Lucie County Employee Handbook until September 30, 2011. G. GRANTS/DISASTER RECOVERY U.S. Department of Energy, Energy Efficiency and Conservation Block Grant — Grant Acceptance The Board approved accepting a grant in the amount of $2,941,500 from the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant, Retrofit Ramp -Up and General Innovation Fund Programs, and Board authorized the Chairman to sign the contract, as approved by the County Attorney. VII. PUBLIC HEARINGS There are no public hearings scheduled for September 14, 2010. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court AGENDA REQUEST ITEM NO. IV -A DATE: September 21, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 10-221 - Proclaiming the fourth Monday in September 2010 as "Family Day - A Day to Eat Dinner with Your Children" in St. Lucie County, Florida. BACKGROUND: Joseph A. Califano, Jr., Founder and Chair of the National Center on Addiction and Substance Abuse at Columbia University, has requested that this Board proclaim the fourth Monday in September 2010 (September 27, 2010) as "Family Day - A Day to Eat Dinner with Your Children" in St. Lucie County, Florida. The attached Resolution No.10-221 has been drafted forthat purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-221 as drafted. COMMISSION ACTION: CONCURRENCE: bQ APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Faye W. Outlaw, M PA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-221 A RESOLUTION PROCLAIMING THE FOURTH MONDAY IN SEPTEMBER 2010 (SEPTEMBER 27, 2010) AS "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children. 2. Fifteen years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs. 3. Frequent family dining is associated with lower rates of teen smoking, drinking, illegal drug use and prescription drug abuse. 4. The correlation between frequent family dinners and reduced risk for teen substance abuse is well documented. 5. Parents who are engaged in their children's lives - through such activities as frequent family dinners - are less likely to have children who abuse substances. 6. Family dinners have long constituted a substantial pillar of family life in America. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the fourth Monday in September, 2009, (September 27, 2010) as "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to recognize and participate in this worthwhile observance. 3. The County Administrator is hereby directed to forward a copy of this resolution to CASA Family Day, 633 Third Avenue, 19th Floor, New York, NY 10017. PASSED AND DULY ADOPTED this 22nd day of September, 2009. r ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-B DATE: September 21, 2010 REGULAR[x] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-243 - "Indian River State College Month". BACKGROUND: Michelle Abaldo, Director of Institutional Advancement with Indian River State College, has requested that this Board proclaim the month of September 2010 as "Indian River State College Month" in St. Lucie County, Florida. The attached Resolution No. 10-243 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-243 as drafted. COMMISSION ACTION: CONCURRENCE: �Q APPROVED [ ] DENIED [ ] OTHER: — - Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: X— Daniel S. McIntyre RESOLUTION NO. 10-243 A RESOLUTION COMMENDING INDIAN RIVER STATE COLLEGE FOR THEIR MANY CONTRIBUTIONS TO THE RESIDENTS OF ST. LUCIE COUNTY AND FURTHER PROCLAIMING THE MONTH OF SEPTEMBER AS "INDIAN RIVER STATE COLLEGE MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. An innovative leader in the economic development of St. Lucie County for half a century, Indian River State College (IRSC) is celebrating its 501h Anniversary. 2. During the past five decades, IRSC has initiated exceptional growth and progress, continuously improving the manner in which higher education is provided to St. Lucie County residents. 3. Since 1963, the Main Campus in Fort Pierce has served as the educational and cultural hub of the region, continuing to grow and provide technologically advanced learning environments in science, health science, technology, public safety and many other fields. 4. Opening in 1992, the St. Lucie West Campus has expanded educational opportunities for thousands of St. Lucie County residents, providing state-of- the-art meeting facilities for area businesses and organizations and a full -service library operated in partnership with St. Lucie County. 5. Expanding access to education, IRSC offers Bachelor's Degree programs in Florida's top -growth industry sectors. 6. IRSC has earned a regional, state-wide and national reputation for educational excellence in vitally important emerging fields, including the life sciences, digital media, health science and energy. 7. The College's outstanding facilities and programs have played a leading role in attracting new high-tech businesses and job opportunities to the County in support of the region's transition to the Research Coast. 8. Thousands of St. Lucie County residents and their families have enjoyed a better quality of life as result of the education obtained at Indian River State College. I` NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board commends Indian River State College for its many contributions to the residents of St. Lucie County and does hereby proclaim the month of September 2010 as "INDIAN RIVER STATE COLLEGE MONTH" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 21' day of September 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 09/17/10 FZABWARR FUND TITLE 001 001113 001164 001176 001190 001194 001509 001510 001511 001512 001513 001515 001517 001518 001519 001823 101 101001 101002 101003 101004 101006 102 102001 102112 105 107 107001 107002 107003 107006 107205 107206 109 115 118 121 130 130100 130102 130204 140 140001 140135 140306 140335 140358 140366 ST. LUCIE COUNTY - BOARD WARRANT LIST #51- 11-SEP-2010 TO 17-SEP-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 FTA Sec 5307 - Buses 05/06 U.S. Dept of Housing & Community US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program EITC CSBG T&TA Program FDCA EMPA FY10 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery INTACT Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Indian River Estates Drainage Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Drug Abuse Fund Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA 5307-ARRA 2009 Capital Projects FDOT - Intermodal Facility Grant Airport Fund Port Fund FAA Security Fencing & Runway 9L/27 DOT -New N. Entrance Port Ft. Pierce Parallel Runway Design-9L/27R FDOT Update Master Drainage Plan FDOT-Stormwater Pollution Prev. EXPENSES 630,557.04 75,427.04 15,817.94 39.30 435.59 5,882.13 16,382.75 7,316.77 5,637.34 73,566.36 629.10 2,116.55 10,454.00 3,276.53 124.63 15.77 14,799.42 80.33 22,992.54 13,110.05 10,137.98 1,222,464.51 45,594.75 9,493.00 70,327.90 3,691.64 106,956.01 15,105.71 14,428.15 172.20 2,645.82 158.85 10,710.00 35.00 622.70 860.60 95.11 149.33 107.73 16,696.83 15,313.00 13,500.25 83.77 10,475.31 33,135.50 551.33 6,334.65 5,495.30 PAGE PAYROLL 503,083.66 0.00 0.00 530.31 0.00 310.60 0.00 0.00 1,157.61 3,773.82 0.00 0.00 0.00 10,772.59 1,717.80 0.00 28,791.21 1,237.60 45,289.24 20,714.78 16,316.73 0.00 62,197.69 9,909.20 0.00 0.00 150,711.40 1,122.83 1,122.83 0.00 8,736.95 2,076.00 0.00 0.00 0.00 0.00 0.00 2,067.37 1,541.60 0.00 0.00 11,637.76 0.00 0.00 0.00 0.00 0.00 0.00 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. VI-e) DATE: September 21, 2010 REGULAR[ ] PUBLIC HEARING [ J CONSENT [ x ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-244 - Property Assessed Clean Energy (PACE) BACKGROUND: It has been requested that this Board approve a resolution in support of federal legislation to protect the right of state and local governments to create PACE (Property Assessed Clean Energy) programs and initiatives. Resolution No. 10-244 (attached) has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-244 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: —� Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 10-1160 DATE: September 21, 2010 SUBJECT: Resolution No. 10-244 - Supporting Federal Legislation to protect the right of State and Local Governments to create PACE (Property Assessed Clean Energy) Programs and Initiatives BACKGROUND: PACE programs can be created by local and state governments through Energy Financing Districts to allow property owners to voluntarily pay for energy retrofits over a set number of years. The benefits of PACE programs include the elimination of up -front cost barriers for energy retrofits, providing long term repayment periods and structuring payments as annual tax surcharges or special assessments. The Federal Housing Finance Agency (FHFA) and the Office of Comptroller of the Currency (collectively the "Regulators") recently issued statements attempting to block our nation's PACE pilot programs. The Regulators actions are a direct challenge to state and local governments' right to levy special assessments for a public purpose and wrongly assert that consumer and lender protections are not sufficient. The St. Lucie County Board of County Commissioners finds that the development and implementation of PACE programs and Energy Financing Districts are in the public interest and in the best interest of the health, safety, and economic welfare of the citizens of St. Lucie County. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adoptthe attached Resolution No.10-244supportingthe Federal Legislation to protect the right of State and Local Governments to create PACE programs and initiatives. Respectfully, sub DSM/cb 11--"�,N i Attachment Daniel S. Mcl County Attor r RESOLUTION NO. 10-244 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, IN SUPPORT OF FEDERAL LEGISLATION TO PROTECT THE RIGHT OF STATE AND LOCAL GOVERNMENTS TO CREATE PACE (PROPERTY ASSESSED CLEAN ENERGY) PROGRAMS AND INITIATIVES WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. PACE (Property Assessed Clean Energy) programs can be created by local and state governments through Energy Financing Districts to allow property owners to voluntarily pay for energy retrofits over a set number of years. 2. Energy Financing Districts are special tax districts that enable local governments to fund PACE programs through the issuance of bonds or other methods of financing to be repaid over a set number of years through a "special tax" or "assessment" on the property tax bill of those property owners who choose to participate in the program. 3. The benefits of PACE programs include the elimination of upfront cost barriers for energy retrofits, providing longterm repayment periods, and structuring payments as annual tax surcharges or special assessments. 4. The Florida Legislature has passed legislation to provide a clear statutory basis for PACE programs and energy financing districts in orderto provide a formal structure for the programs which would greatly reduce the time and risk associated with implementing the programs at a local level. 5. PACE programs have the potential to increase the accessibility and affordability of energysavings measures, consequently loweringenergy billsto residents, reducing the environmental footprints of participating localities and creating opportunities for private industries. 6. St. Lucie County was recently awarded a $2.9 million dollar grant from the United States Department of Energy to help County residents and businesses fund energy efficient improvements such as solar PV systems 7. The Federal Housing Finance Agency (FHFA) and the Office of Comptroller of the Currency (collectively the "Regulators") issued recent statements attempting to block our nation's PACE pilot programs. The Regulators actions are a direct challenge to state and local governments' right to levy special assessments for a public purpose and wrongly assert that consumer and lender protections are not sufficient. 8. The St. Lucie County Board of County Commissioners finds that the development and implementation of PACE programs and Energy Financing Districts are in the public interest and in the best interest of the health, safety, and economic welfare of the citizens of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. That the foregoing recitals are hereby incorporated by reference herein. 2. That the Board of County Commissioners of St. Lucie County, Florida hereby supports the adoption of federal legislation that protects the right of state and local governments to create PACE programs and initiatives. 3. That the County Administrator is hereby directed to send a copy of this resolution to President Barack Obama and to St. Lucie County's federal legislative delegation. PASSED AND DULY ADOPTED this ATTEST: DEPUTY CLERK day of September 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. VI-Cl DATE: 09/21 /10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate HIV Medications Invoice for July, 2010 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization for payment of Prison Health Services invoice number PHS0008076 for HIV medications for the period of July 01, 2010 through July 31, 2010, in the amount of $38,484.90. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sianatures County Attorney ( X)' . OMB Director Budget Analyst (Daniel S. McIntyre) Originating Dept. ( X) ERD ( i iam Hoeffner) (X) V"A ffij� ( arie own) (Name) Human Resources/Risk Management -4 MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Interim Human Resources Director FROM: Daniel J. Lutzke, Risk Manager& 'ca DATE: September 21, 2010 L SUBJECT: Prison Health Services Inmate HIV Medications Invoice for July, 2010 ITEM NO. VI-C Background: Prison Health Services (PHS) acts as a third party administrator for St. Lucie County jail inmate health care and manages, administers and pays for inmate HIV medications and off -site services from medical providers. PHS has submitted Invoice Number PHS0008076 (Attachment A) in the amount of $38,484.90 requesting reimbursement from the County for July 2010 inmate HIV medication costs in accordance with Florida Statute F.S. 901.35 which states that the medical services provider shall be reimbursed from the general fund of the County when no other source of payment is available. Sheriffs Consultant, Alliance Medical Management, has certified (Attachment B) that the payment requested in invoice number PHS0008076 is the correct amount for HIV Meds for the period of 07/01/10-07/31/10. Previous Action: May 18, 2010 — BOCC payment approval of second quarter Utilization invoice of $1,133,949.92 May 18, 2010 — BOCC approval of $700,000 budget transfer to Inmate Medical Care fund June 6, 2010 — BOCC payment approval of April HIV Medication Invoice of $50,668.82 July 20, 2010 — BOCC payment approval of May HIV Medication Invoice of $42,017.77 August 24, 2010 — BOCC payment approval of June HIV Medication Invoice of $32,377.83 August 24, 2010 — BOCC payment approval of third quarter Utilization of $410,957.71. August 24, 2010 — BOCC approval of $1,000,000 budget transfer to Inmate Medical Care fund Recommendation Board authorization for payment of Prison Health Services invoice number PHS0008076 for HIV medications for the period of July 01, 2010 through July 31, 2010, in the amount of $38,484.90. AWWAW PHS- Prison Health Services, Inc. dba PHS Correctional Healthcare 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ext. 338 in+m 74 0.1noorn Invoice Number: PHS0008076 Attachment - A MONTHLY INVOICE St. Lucie County, FL Contract Year: October 1, 2009 through September 30, 2010 HIV Medications For the month ended: July 31, 2010 erms Annual Aggregate Total: 100% bill back over $ Pharmacy - HIV Meds this Month: See Attached 38,484.90 Amount Due - July 2010 $ 38,484.90 Attachment . S August 24, 2010 Mr. Dan J. Lutzke, CSP, CDS, ARM, ARM-P St. Lucie County BOCC — Risk Manager 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Lutzke: This letter is to inform you that I have received PHS' invoice #PHS 0008076 dated August 23, 2010 for the amount of $38,484.90. It is the correct invoice amount for HIV Meds for the period of 07/01/10 — 07/31/10. Please let me know if I can be of further assistance. Sincerely, Phi i scher, President Alliance Medical Management AGENDA REQUEST REVISED" ITEM NO. VI-C2 DATE: 09/21/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager?w SUBJECT: Electron Open Enrollment of Employee in County Offered Benefits. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: There is no Cost Associated with this request. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for the implementation of electronic benefit enrollment and approval of agreements with Benefits Technology Division 3, LLC and Common Census, Inc. and authorization for the County Administrator 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 ( X) ` OMB Director (X ) e� q Budget Analyst (Daniel S. McIntyre) (Marie Gouin) Originating Dept. (X)4/& ERD ( ) it iam Hoeffner) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Interim Human Resources Director FROM: Daniel J. Lutzke, Risk Manager _,,,,DATE: September 21, 2010 SUBJECT: Electron Open Enrollment of Employee in County Offered Benefits. ITEM NO. VI-C2 Backaround: Historically all employee enrollment in benefit programs was done on paper and then hand entered into the County payroll program and the various benefit providers programs. This process is labor intensive. With the addition of ING voluntary employee benefits to the County's menu of benefits, the County can receive the benefit of using Benefit Technology's staff to conduct electronic enrollment of all the County employees and Constitutional office employees in all the benefit programs using computer programs provided by Common Census, Inc. The ING voluntary employee benefits were selected using a bid quote process through the County insurance broker. The County currently pays for ING Term Life Insurance and Disability Insurance for employees. Because this type enrollment would require exchange of personally identifiable information we have included staff from our Information Technology Division, BlueCross BlueShield and County Payroll staff in evaluating the procedures and control of information to insure that all requirements of HIPPA confidentiality would be met. All personally identifiable information that is exchanged from the County or to the County will be done by secure encrypted methods. This is a process already in use by a large number of employers across the county. Both the Benefit Technology and Common Census agreements insure that County employee information will be shared with no entity other than the County benefit providers and then only to the degree necessary. Use of the Common Census program by County staff to conduct on -going enrollment or disenrollment of employees will result in one data entry that will feed through to County Payroll and all affected benefit providers. Employees will be able to check their own benefit status on-line and make such changes as life insurance beneficiary and that all HIPPA requirements are met. Recommendation Board approval for the implementation of electronic benefit enrollment and approval of agreements with Benefits Technology Division 3, LLC and Common Census, Inc. and authorization for the County Administrator to sign documents as approved by the County Attorney. COUNTY F L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning and Development Services Rezoning Request — Hardscapes, Inc. See attached memorandum. N/A ITEM NO DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Diana Waite`4, Senior Planner August 19, 2010 - Planning and Zoning Commission recommended the Board approve this petition by a vote of 5-0. RECOMMENDATION: Board adoption of Resolution No. 10-107 approving the petition of Hardscapes, Inc. for a change in zoning from CO (Commercial, Office) to CG (Commercial, General), as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: �j APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA PP County Administrator t Coordination/Signatures County Attorney (X) County Surveyor ( X) �.Cc Wh Daniel S. McIntyre Ron Harris ( County Engineer (X) �'i�`j P ERD X) Michael Powley en Smith Originating Dept. (X) Q OMB ( ) rk Satt rlee Marie Gouin Purchasing ( ) Melissa Simberlund BOARD OF COUNTY COMMISSIONERS Hearing Date: September 21, 2010 PDS File Number RZ 1120094024 Applicant Hardscapes, Inc. Debra Fasnacht 6101 Sunset Blvd. Fort Pierce, FL 34982 772-489-3771 Property Location 5009 Lace Avenue Fort Pierce, FL 34982 Land Use & Zonin_g Future Land Use: COM (Commercial) Zoning: CO (Commercial, Office) Proposed Zoning District CG (Commercial, General) August 19, 2010 - Planning and Zoning Commission recommended the Board approve this petition by a vote of 5-0. Project Staff Diana Waite, AICP Senior Planner 772-462-1577 waited@stlucieco.org RryMs Ave BAYS INGER AVE TRAUB AYE Subject property I A q ' w DN T NOL M R EL.DN N A Hardscapes, Inc for A Change in Zoning from CO to CG I+E,, COCINTY F L O R 1 D A 0 AGENDA ITEM No. VII-A RZ-1120094024 Hardscapes, Inc. I � �. .n.� - \ EMIDWAY RD f 11r I 0 AVE ST s LJEv 5T HOSBN_E_ST ® Subject property ' 4..;% N 500 ft. notification area Ft. Pierce City Limits Aerial flown Jan. 2009 Mac peca,ea J, 19 2010 N east of US Highway 1. Project Description Recommended Board Action Hardscapes, Inc. is requesting a Change in Board adoption of Resolution No. 10- Zoning from the CO (Commercial, Office) 107 approving the petition of Hard - Zoning District to the CG (Commercial, Gen- scapes, Inc. for a change in zoning from eral) Zoning District. The parcel is .55 acres CO (Commercial, Office) to CG and contains a 1,078 square foot building. (Commercial, General), as outlined in the agenda memorandum. Background The purpose of the request is to allow for the Notice Requirements continued operation of a contract construc- Public hearing notice was placed in tion company with limited outdoor display, in the St. Lucie News Tribune, letters compliance with the County's Land Develop- sent to property owners within 500 ment Code. The existing business is cur- feet of the subject property, and a sign rently in violation of the zoning district regula- placed on the property. tions and a code case is currently on hold. pending the outcome of this application. If Public Input Received: the rezoning is approved, the conversion of the single family structure to a commercial None structure and site improvements will be re- quired, including parking and landscaping. Further details are found in the at - According to public records, Hardscapes, Inc. tached memorandum and staff re - has operated from this location since 2005. port. COUNTY F L O R I D A Planning and Development Services Planning Division TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Director Kara Wood, Planning Manager FROM: Diana Waite, AICP, Senior Planner DATE: September 21, 2010 SUBJECT: Rezoning Request — Hardscapes, Inc. ITEM NO. VII-A Background: MEMORANDUM Hardscapes, Inc. is requesting a change in zoning from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District. The subject .55 acres is located at 5009 Lace Avenue, 300 feet south of East Midway Road. The parcel is the subject of a Code Violation of the CO Zoning District regulations which do not allow the existing contract construction company. The proposed CG Zoning District would allow for the abatement of the violation upon the completion of improvements to th"FOperty to comply with commeMial business reqUiFements and issuance At the August 19, 2010 public hearing on this matter, the St. Lucie County Planning and Zoning Commission recommended approval of the requested Change in Zoning by a vote of 5 to 0 (Pamela Hammer abstained; Susan Caron, Britt Reynolds and Tod Mowery were absent). No public comments were made regarding the proposed rezoning. The Planning & Zoning Commission minutes and the staff report are attached for your consideration. On June 21, 2010, the applicant held a neighborhood meeting after mailing notice of the meeting to all property owners within 500 feet to inform adjacent property owners of the proposed rezoning. The applicant reported that two neighbors attended the neighborhood meeting and three phone calls were received. No one expressed concerns about the proposed reclassification of the subject property. Staff has not been contacted by any resident or property owner. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of 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. Recommendation Board adoption of Resolution No. 10-107 approving the petition of Hardscapes, Inc. for a change in zoning from CO (Commercial, Office) to CG (Commercial, General), as outlined in this agenda memorandum. COUNTY MiVaw f•%, F C O R I D A - Environmental Resources Department TO: Board of County Commissioners Companion Report THROUGH: Karen Smith, Environmental Resources Department Director FROM: Jennifer Evans, Senior Environmental Planner DATE: September 1, 2010 SUBJECT: Hardscapes Rezoning RZ1120094024 Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the rezoning of the subject property from CO (Commercial Office) to CG (Commercial General). Findings ERD findings are presented in the ERD Report, which has been included in the agenda packet. Recommendations ERD supports approval of the proposed rezoning. r Si ature 1 1 RESOLUTION No. 10-107 2 FILE NO.: RZ 1120094024 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 6 LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM THE CO 7 (COMMERICAL, OFFICE) ZONING DISTRICT TO THE CG (COMMERICAL, 8 GENERAL) ZONING DISTRICT FOR A PARCEL LOCATED IN ST. LUCIE 9 COUNTY, FLORIDA. 10 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 12 the testimony and evidence, including, but not limited to the staff report, has made the 13 following determinations: 14 15 1. Hardscapes, Inc. requested an Amendment to the Official Zoning Atlas to Change 16 the Zoning from the CO (Commercial, Office) Zoning District to the CG 17 (Commercial, General) Zoning District for property located at 5009 Lace Avenue, 18 depicted on the attached maps as Exhibit "A" and described below. 19 20 2. On August 19, 2010, the St. Lucie County Planning and Zoning Commission held 21 a public hearing on the petition, after publishing notice at least 10 days prior to the 22 hearing and notifying by mail all owners of property within 500 feet of the subject 23 property, recommended that the Board of County Commissioners approve the 24 change in zoning from the CO (Commercial, Office) Zoning District to the CG 5 ommercia , enera oning is nc . 26 27 3. On September 21, 2010, this Board held a public hearing on the petition, after 28 publishing notice at least 10 days prior to the hearing and notifying by mail all 29 owners of property within 500 feet of the subject property. 30 31 4. The proposed change in zoning has satisfied the requirements of Section 32 11.06.03 of the St. Lucie County Land Development Code and is consistent with 33 the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 34 35 5. The proposed change in zoning is consistent with the existing and proposed use 36 of property in the surrounding area. 37 38 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution, was 39 signed by the applicant on November 12, 2009. 40 September 21, 2010 Subject: Hardscapes, Inc. Page 1 Resolution No. 10-107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District for property located at 5009 Lace Avenue and depicted on the attached maps as Exhibit "A" and described below is hereby approved. Legal Description: Lots 9,10 and 11, Block 3, CENTRAL WHITE CITY SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5, Page(s) 63, of the Public Records of St. Lucie County, Florida. Containing .55 acres, more or less. Above described lands situate, lying and being in St. Lucie County, Florida. Parcel I D#: 3403-804-0037-000/2 Location: 5009 Lace Avenue, 250 feet south of East Midway Road. B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie Resolution. C. A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. September 21, 2010 Page 2 Subject: Hardscapes, Inc. Resolution No. 10-107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 After motion and second, the vote on this resolution was as follows: Chairman Charles Grande XXX Vice -Chairman Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED This 21 st Day of September 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney September 21, 2010 Page 3 Subject: Hardscapes, Inc. Resolution No. 10-107 1 2 3 EXHIBIT A W MIDWAY RD •S • w E MIDWAY RD• w Ilk f ` ♦HCN ' U 5 V � CIS CO SOOft. 1 a, CN ' ♦ < 3 INDIANAAVE IF CO ♦ = COS i '��'--CC-'-'---- RS-4 ® Subject property St. Lucie County Zoning Ft Pierce Zoning I 1 V - CG - Comme.cial General C3 - General Commercial ' - 500 ft notification area CN - Cam ercal Neignhomood f emCO - Commercial Office .:i C/ Di, ( i- I �—i+, 1-Institutional September 21, 2010 Page 4 Subject: Hardscapes, Inc. Resolution No. 10-107 St. Lucie County Concurrency Deferral Affidavit 1 vim, residing or doing business at ti atilt Street Ltty. State Zip Phone have applied fora frorn St. Lucie County, Florida, Type of T>e.velopnientOrdcr t for the following pr01cct:— Namc'ot-Proposed Development I do hereby affirm that in connection with my application for the above project,. I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later titric, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie Cotnity can wake no guarantee that adequate public facilities will be available when I apply for the final developnient order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those certificate of capacity creates no vested or other rights to develop the subject property. Sigtred Date: f Applicant STATE OF FLOWDA COUNTY OF The foregoing* insttunient was aeknowledg^.d before nie this � day of °f 4 Who is isonallti krunvit to ine- or who has produced _ as iden ification. Signalu to of Notary # ° Type, or Ptint Naiij,bt Notary Commission Number (Seat) Yi'�„� DENISE DOGGETT P11, Notary Public - State of Ffmida . My Commission Expires Mar 26, 2011 Commission # DO 624712 Bonded Through Nabonii Notary A83n. PagclofI Revised: .April I, 200S m F- z z� 3 2141NVW2130 -Ed 0 = z -- — - - --- -- ----- --- z I o O ti U oi 1$ dNZlLJ Sl q ca o of CL O CL w U go 10 a - - � 3A Adis �. LU Q d. U I I<zQ • o Q— 3AV 3o-vl z — ' m m y v) d E O Q a N 0� Li m J U ��— wo f6 (D ., U c O N LL Al N CL InUW LLU l 1�b'MHJIH sn S ;.......:. ........ ...:..•..: o E O J U o }, Cl- O U o a. in C Obituaries Z W 2 w Q Z QC G O U J N C O N a) � D7 CZ a z � O C N '— O > U = -0 a) U Q fA RT N N a Z Q Ltd U J m a io C O a U N O K 06 N m O F- 7 a to N O Q f5 U .24 rr��u V/ IkVM tril E Ji C V H yP. H L!] r o N ft /N� W O O FORT PIERCE Brenda Smith Brenda Smith, 51.. died Aug. 18, 2010, at Tmasum Coast Hospice, Fort Pierce. She was born in Fort Pierce and was a lifelong resident of FortPierce. She was a CNA with Fort Pierce Heallth Care. She attended House of God No. 1. Survivors include her sisters, Hattie Mae White of Orlando, and Mary Alice Jackson and Eddie Mae James, both of Fort Pierce; brothers, Willie Davis Smith of Madison and Charlie Smith of Fort Pierce. She was preceded in death by her father, Charlie Lee Smith: mother, Lenora Lowery Smith, sisters, Maggie Mae Smith, Beatrice Smith Armstrong and Patricia Ann Bur m, and brother, James A. Smith. SERVICES: Visitation will be from 3 to 7 p.m. Aug. 27 and 9 a.m. to 11 a.m. Aug. 28 at Sarah's Memorial Chapel. A service will be at noon Aug. 28 at House of God No_. 1. Burial will be in Pine Grove Cemetery A guestbook is available at sarahsmemonal. ram VERO BEACH Ivan Smith Ivan C. Smith, 91, died Aug. 21, 2010, at Indian River Medical Center, Vero Beach. SERVICES: A memorial set vice will be at 11 a.m. Sept. I at First Christian Church of Vero Beach, with the Revs. Earl Mor gan and John Saleeby officiating. Arrangements are by Cox-Gif ford Seawinds Funeral Home and Crematory. Vero Beach. A guestbook is available at maw- indslh,= obitphp. FORT PIERCE Avie Starratt Avie Maria Starratt, 42, died Aug. 21, 2010, in Fort Pierce. She was born in San Rafael, Calif , and lived in Fort Pierce for eight years, coming from Dallas, Texas. She was a former LJemee ployof Chris- t an FM. She was a mem- ber of Royal Palms of St. Lucie. She was of the Christian faith and was a Community volunteer. Survivors include her hus- band of six years, Peter D. Star- ratt of Fort Pierce, daughters, Alh Starrett of Fort Pierre and Kasey Lewis of Dallas, father, James Hearn; and sister, Brenda Farmer both of Fort Pierce. She was preceded in death by her mother, Avie Maria Stahnke. Memorial contributions may be made to the Treasure Coast Hospice, 5000 Durm Road, Fort Pierce, FL 34981 or www.TCHo- spfce.org. SERVICES: Visitation will be from 1 to 4 p.m. Aug. 28 with a service to follow at 4 pm. at Hals- ley Funeral Home. A guestbook is available at haisleyfuneral home com. FORT MERCE Bernice Theolet Bernice Elverie Theolet, 81, died Aug- 24, 2010. She was born in Sorrento and lived in Fort Pierce since 1992, Corning from Holly, Mich. Before retirement, she was a top producerfor Century 21 Parii Place in Holly Survivors include her daugh- ters, Karen Risley of Fbrt Pierce, and Sharon Stevens of Westland, Mich.; son, Carl WiE. Theolet Ill of Bowling Green, six grandcluldren; four great-grandch ib dr-,and one great - great-grandchild.d. She her pre- ceded in death by r husband, Carl E. Theolet and son, Donald Bachman. Memorial Contributions may be made to the Treasure Coast Hospice, 5000 Dunn Road, Fort Pierce, FL 34961 or wwwTCHo- spice.org. SERVICES: Visitation will be from 10 to 11 a.m. Aug. 27 with a service to follow at 11 a.m. at Haisley Funeral Home. A guest - book is available at haisleyfunen alhome.cum. Judge gives Hatch 30 years for his `addiction to greed' By MELISSA E. HOLSMAN "You also shook the stabil- meilssa.h.sHoloCascnpps.com ity of the financial matters VERO BEACH — Minutes of Realtors, who trusted after Its Hatch turned and you with money from their apologized to a courtroom clients. You were able to full of people whomhe stole scam all of those trusting money from, the disgraced victims out of millions of attorney was ordered to dollars for years," he said. serve 30 years m prison. "By using your status as Senior Judge James an attorney, you gained the Midelis, who characterized trust of business and legal Hatch's longtime embez- professionals as well as the zlmg as "an addiction to general public. Once you greed," also ordered the accomplished that, they 63year-old to pay a $10,000 were easy marks." fine Hatch, Midelis said, used Before Hatch learned his his Hatch & Doty law firm, fate, he addressed Midelis his Coastal Escrow Services during a sometimes ram and a title company "as bling statement delivered a tool for laundering and in a hushed voice. During a thievery" brief speech, Hatch claimed "The court has difficulty he wasn't —king merry but understanding why you said he wanted the court to would risk everything that know he was sorry was precious," he said. indescribingwhatitwas "There isn't any evidence Like to listen to dozens of you were on drugs or alto - victims testify at his trial, hol You were addicted only Hatch said it "forced me to to greed. see a part of myself I was "You humiliated your ashamed to see." friends and family mem "1'm not proud of the bets and you have vilified person who was depicted the legal community and in this trial," said Hatch, you face the possibility standing in orange jail of spending your life in scrubs, waist Chains and prison." handcuffs. "lhopetodayl'm The courtroom erupted a better person." into gleeful applause when SAM WOLFE • Correspondent Ire Hatch, top right, apologizes Wednesday morning to victims from whom he stole money. Senior Judge James Mldells sentenced Hatch, who accepted a racketeering plea deal, to 30 years In prison. Hatch faced a maximum Cotut to look at the crowd. term of 30years behind tars "I hate you to think I don't after pleading no Contest to have remorse. I am sorry for a racketeering charge that what happened. cut shonjury deliberations "And judge, I'm sorry on July 12. Prosecutors in for what happened in the turn dismissed a money community ... and to my laundering charge and doz- friends and family, I also ens of grand theft counts. apologize." The state also agreed not to Hatch asked his victims charge him with any future to forgive him, and then during Hatch's two -month prison for three decades, During his apology to the prosecutors for their work long trial, more than 100 prompting him to warn court, Hatch insisted his on the rase prospective home buyers against further outburstsex wife, and his adult son Assistant State Attorney and renters testified that Hatch was arrested in and daughter — who did Lev Evans then confronted he'd been trusted with January 2008 after Vero not appear in Court —were Hatch, who did not testify their money for real estate Beach police accused him clueless to his crimes. at his trial, transactions. of stealing millions of dol- "My family is not respon- Evans insisted he admit More than 20 victims lairs from his Vero Beach sible for my actions," Hatch there's no evidence to testified Wednesday about law firm, Hatch & Doty, announced. "They had indicate employees of his how the losses they suffered and his company, Coastal nothing to do with this, and escrow firm, or his former changed their Lives for the Escrow Services, which had no knowledge of it. I law partner, Kevin Doty, worse. he shuttered in September am solely responsible for took any of the missing $4 ,.You shattered their 2007. my actions." million prosecutors said dreams of owning or rent During his trial, prosecu- Then for the first time, was stolen between 2W4 and Log their own home," said tors called Hatch a "thief," he faced dozens of victims 2007. Evans accused Hatch Midelis, looking straight who used client money to seated in a full Courtroom, of using stolen money to at Hatch, who remained support his family's upper "I do want to apologize supportthecharitableveork seated next to his attorney, class lifestyle and pay busi- to the victims," Hatch said, Hatch bragged of in his Gregory Eisenmenger tress expenses. turning his back to the address to the court. Election turnout reveals trend in absentee, earlyvoting BY JIM TURNER "We had 12,000 on "It was a very good day" Roberts jun turner&—pps.— said after the last polls had closed inThe Treaame coast saw a 24 percent Election Day, rather than the Panhandle counties. "No major voter turnout for the primary, better problems reported." than the statewide average, but below 14,0001 had hoped for, but Florida voters participated in the the 26 percent mark posted by the three twoweek early voting period in record counties to 2008. we made up for it innumbers, she said, with 361,615 casting Of the 354,710 registered voters on their ballots early Mote than 638,500 the Treasure Coast 86,174 cast ballots. abSentees." turned in absentee ballots. St. Lucie County just missed the 22 Port St. Lucie, with a 10-candidate percent turnout predicted by election race for mayor and seven others seek - Supervisor Gertrude Walker, with the Kay Clem Indian River County ing two Commission seats, attracted 35,137 voters resulting in a 21.41 percent supervisor of elections 19,075Wien, 19.5percent ofthose reg- turnout. istered in the city Martin and Indian River Counties 49.5 percent voted before Tuesday, The Tom Peron -Rick Reed match both recorded 26 percent voter par- while 57 percent of Martin COunty's in Fort Pierce attracted 3,275 vot- ticipation, marks that exceeded the 22 voters used the absentee or early vot- en. 26.4 percent of those eligible to percent predicted by Martin County mg methods. vote Election Supervisor Vicki Davis and In 2", 42 percent of the Treasure Treasure Coast voters, even those the 24 to 2Spsrmnt forecast by Indian Coast voted absentee or in the early vot who showed interest in the primary, River County Supervisor of Elections ing periodshould now have a couple of weeks Fay Clem. interim Secretary of State Dawn respite before the next heavy wave of Both counties benefited from a Roberts said the primary election local political Campaigning. growing interest in absentee and early voter turnout was dampened by rain Allsentmballotsamexpected tostart voting- and thunderstorms that sloshed across going out around Sept. 15 for the Nov "We had 12,000 on Election Day, the state all day. 4 general election and, if the primary rather than 14,000 I had hoped for, but Still, a decade of reforms left the was any indlmtion, that is when candi we made up for it in absentees," Clem state's chief elections official more dates will start cranking out their ads. said- buoyant and confident than in many Of those who voted in Indian River, previous year. The M1ami Hetzld mnthith bla W this report. http:/Iwww.tcpaim.com/tc /hurricane,•n Your complete, up- to source of information this hurricane season. "You supported these charities with these per, ple's money, right?" Evans asked. "That's very tough to answer that question," replied Hatch, who said there was more money missing than the estimated $2 million he admitted tak- ing. Hatch insisted that without Conducting a foren- sic accounting of his busi- ness books — a repeated complaint during his trial — they'll never know who took all the money: Evans wasn't moved and pressed Hatch to admit his employees were blameless. "Do you have a smolder- ing gun, do you have any evidence that these peo- ple stole money"' Evans pressed. "Same question for your partner Doty, who is out there trying to prac- tice law, do you have any evidence whatsoever that he stole any money?" Before answering, Hatch Consulted his attorney "To my knowledge, I have no direct evidence," Hatch said ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC NEARING AGENDA September 21, 2010 NOTICE OF PROPOSED ZONING DISTRICT CHANGE —a, Wri• C.u«y B....1 County C.mmi«on«. —I— N mmid.r M. A.M.. a—NN.wir,e by,« Wbc.. RESOLUTION NO. lb -so A REIS LUTIDN OF TWE BOARD OF COUNTY COMMISSIONERS of ST LUC E COUNTY GRANTING A CHANGE N ZONING FROM THE CO ICOMMERCO,L. oFNCE) ZONING DISTRICT TO ME CG ICOMMERCML CENERALI ZONING DISTRICT FOR A PARCEL UJCATED N ST LUCE COUNTY. FLOWDA. AP "NT Hard.c.pea, Inc. FEF NUMBER: RZ 112009CO24 LEGAL DESCReTON. Lora 9,10 .nd 11. Blob, 3, CENTRAL WHITE Cl- SUBDNISON, .«oming tc me pill, --f,, ., r«orae0 in Plal Book 5. P.Bs1,1.3, mthe Public R.com. of 51. Lucre County, Floriea. LOCATION. 5009 Latt Avenue ft1RPO5E Allow fo op dr Illn o a contren connrun,o wain«, wan Irma.e apinoor ai.plen M € t i i e PUBLIC HEARING on tnu i,.m will be held ,n rho Comm,u,o" CNmberi, aog•r Pon Anne., 31d Floor 51, Lucie County Aaminin,.bi 9ulla.B 230C Virgml. Avenue, F. Pisra, Flog« en Tu.Ia«. S.WmMr 21, 2010 b•Binnin0 ,6 P.m. or as ,00 ,nere.n•r .. p..nd.. We im.r.nw nn•.. wial b.. .n an o blx non no-, In l,n•.m. w. d In ev.nce of the puh clog wll tin.n < ire eo,m air cvaney coin h. - r•cr,vW bribe Pbn.. ti b e 11v 11. Is. Serv,csa�Dep•nment -, bl,11np Division n I..n 3 Jaya prior to the .a1.dm.e n«tine Th. wlin.n roll i, .yaa.me roc ,e.,.w n me nine one Ge.•mvm.m s.rria.. D.p.nm.m urea« I«sae .r 2300Virpmi. Avlslbb Y Fl«,, Fon 22. r, DD 11A du-14 r•gul.r r.. PI«« <all )YL462-2822 orTDD »2/462-1429 d you va .M oueationa or rewire.e0n,on.l ,nto,meuon. Th. 5t. L... C.— Roam of County commi.aioners n.a the pawn m.wmdprenl mY.pplic,eona wi m•i,,,.A of r.apon,ibility. The pron.0ing. of loll Baere of County Commi«inner, e •Nononi<.Ily r«nrdad. FURSULANTTO a 216.«05. Fiorillo StaIBRs a . po d«,a•, to bp«I «y L.cuion mode by ne Ish— of County -I. —I. with 1..p•c1 to .try mad•r 7—all- n e m«lima o, n.edng, n. o, m. wail- . I— . p,owdirpa. Fo, — pulp..., he a, .he maynA.d to • 1n.1 . verwum —1d of th. P,p«eam0, i. ma. . wni<n wnP tMimonv end widen. upon which tna appal b_ ...a. Uupon env pant In ntoll ,. Ac, b.h , a vlepal, tmifying aurin0 . boric. will be .worn in. Any pool a m• v,00.amg will b. mama .n opppnvnitr m no„ -...mine inemiea,I 1«lityir,p daang . ring v ,«a•,1. n it •. neumrr . pu IsB ell 1 me ,m, .. m.y b. trot.,«ry a moo E«0 q r.Ru h g m e d thi mina no�. e<om.ntn. sl.Wd. cpwrocammvntr sr,.M,n n I_ f.M-aighr (�oun 1 nprior to el ring n ()72H6z-15a6 or TD.D. ,772'462-1428. AM Rueniona emae thi, eg.n« m.y be ,e(lenedto SL Wce County -, D' vi onn(n2)46z z . BOARD OF COUNTY CoNoll TONERS ST WOE COUtx NFUGRIDA IS, CIURLES G. 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Zonin CO (Commercial, Office) Future Land Use COM (Commercial) PALMS AVE 8AYSINGER All TRAUB AVE PUBLIC HEARING NOTICE Hardscapes, Inc RZ1120094024 RZ-1120094024 Hardscapes, Inc. zoning I I o G3 �.08'" _ C�'_� < O CG COrCN C3 C3 �� ♦. W MIDWAY RDI E MIDWAY RD co CG CN s CG CO soon. I , a ¢ INDIANAAVE CN z JOHNSTON ST ICOI I ♦ ♦ u1 ASHLEY ST O RS-4 HOSSINE ST ® Subject property SI. Lae. County ZMIN Ft. Mama molaa N 500 ft. notification area CG Commertia1 General C3 - General Commema.,f.,c.� CA C.Ne homooa o co 0— c..-a,._.,,._,., w,_...,, Ft. Pierce City Limits ecommeraa1 as< ee�aeneai smvie Tamar to awaol Mav p<evarea Je�aary te, zo In Public Hearing Description The St. Lucie County Board of County Commissioners has the power to review Petition of Hardscapes Inc., for a and grant any applications within their Change in Zoning from the CO area of responsibility. (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning The Board of County Commissioners District. strongly encourages your input and com- ment at the public hearing. You may also The purpose of the request is to allow mail or email written comments in ad - for the continued operation of a con- vance of the public hearing for inclusion tract construction company with limited in the official record regarding this pro - outdoor displays. If approved, the ceeding. change in zoning will allow the appli- cant to convert the single family home Further details are available in the Plan - to a commercial structure and provide ning Division —please contact: the parking and landscaping required Staff Diana Waite, AICP to bring the existing business into com- Tel. 2-1577 pliance with the County's Land Devel- opment Code. Email waited Ca�stlucieco,org w waited Mail 2300 Virginia Avenue Staff Recommendation Fort Pierce, Florida 34982 Board adoption of Resolution No. 10- A" 107 granting approval to the petition of : Hardscapes, Inc. Site Legal Description Parcel I.D. Number, Legal Description and Acreage of Petitioned Property. Parcel I.D. Number(s): 3403-804-0037-000/2 Legal Description: Lots 9,10 and 11, Block 3, CENTRAL WHITE CITY SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5, Page(s) 63, of the Public Records of St. Lucie County, Florida. Containing .55 acres, more or less. Above described lands situate, lying and being in St. Lucie County, Florida. 1 St. Lucie County 2-Ptanning and Zoning Commiss� Local Planning Agency- 3 Roger Poitras Annex, Commission Chambers, 3`d Floor 4 August 19, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. L 9 I. CALL TO ORDER 10 Chairman Mundt called the meeting to order at 6:30 p.m. 11 A. Pledge of Allegiance 12 B. Roll Call 13 Craig Mundt ..................................... Chairman 14 Pamela Hammer .............................. Commission Member 15 Edward Lounds (arrived 6:40).......... Commission Member 16 Stephanie Morgan ............................ Commission Member 17 Barry Schrader ................................. Commission Member 18 Brad Culverhouse ........................... Commission Member 19 Kathryn Hensley ............................... Ex -Off icio Member 20 22 Britt Reynolds .................................. Vice -Chairman 23 Tod Mowery ..................................... Commission Member 24 Susan Caron .................................... Commission Member 25 26 Staff Present 27 Heather Young ................................. Assistant County Attorney 28 Heather Lueke.................................. Assistant County Attorney 29 Mark Satterlee.................................. Planning and Development Services Director 30 Kara Wood ....................................... Planning Manager 31 Michael Powley................................ County Engineer 32 Karen Smith ..................................... Environmental Resources Director 33 Ron Harris ........................................ County Surveyor 34 Jeff Johnson ..................................... Senior Planner 35 Diana Waite ..................................... Senior Planner 36 Michelle Hylton ................................. Recording Secretary 37 DRAFT Page 6 of 8 158 Mr. Culverhouse seconded. The motion carried 5-1 with Ms. Morgan dissenting. 159 C. Hardscapes, Inc.: RZ 1120094024 160 Petition of Hardscapes, Inc. for an Amendment to the Official Zoning Atlas to Change 161 the Zoning from the CO (Commercial, Office) Zoning District to the CG (Commercial, 162 General) Zoning District. Staff comments and presentation by Diana Waite. 163 (Mrs. Hammer recused herself) 164 Ms. Waite presented the petition, which was created by a Code Enforcement violation. 165 Dennis Murphy, of Culpepper and Terpening, representing the applicant, said he would answer 166 any questions of the Commission. 167 Mr. Lounds asked whether this application was just to right a wrong. 168 Ms. Waite stated the applicant did not receive zoning compliance to start the business, and 169 needs to change the zoning to one compatible to this use. 170 Mr. Lounds asked what improvements would be needed to make it function correctly. 171 Ms. Waite stated the building needs to be converted to a commercial structure from a single- 172 family residence. 173 Ms. Morgan made the motion: 174 After considering the testimony presented during the public h 1 -1 . ludwtq-- 175 staff comments, I hereby move that the Planning and Zoning Commission of St. 176 Lucie County recommend that the St. Lucie County Board of County 177 Commissioners grant approval to the application of Hardscapes, Inc., for a 178 change in zoning from the CO (Commercial, Office) zoning district to the CG 179 (Commercial, General) zoning district because 180 Mr. Culverhouse seconded. The motion carried 5-0. 181 (Mrs. Hammer rejoined the Commission) 182 D. Ordinance No. 10-015 183 An Ordinance amending the St. Lucie County Land Development Code by amending 184 Section 2.00.00 ("Definitions") to amend the definition of "Multi -Use Path" to read "Multi 185 — Purpose Path" and to clarify that paths indentified as Greenways and Recreational 186 Trails, trails within canal rights — of — way, on the county bicycle, Pedestrian Greenways 187 and Trails Master Plan may be considered as Multi- Purpose Paths; amending Section Planning and Zoning Commission August 19, 2010 Minutes ITEM NO. f - DATE: 'IC• - AGENDA-R-EQUEST---REG-ULAR — PUBLIC HEARING LEG. QUASI -JD CONSENT TO: Planning and Zoning Commission PRESENTED BY: Diana WaiteC-u-- Senior Planner SUBMITTED BY: Planning and Development Services Department, Planning Division SUBJECT: Rezoning Request — Hardscapes, Inc. BACKGROUND: See attached memorandum. III-C 8/19/2010 FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Forward this petition to the Board of County Commissioners with a recommendation of approval, as outlined in the staff memorandum. County Attorney ( X ) Coordination/Signatures ,'v,1 County Surveyor Daniel S. McIntyre County Engineer ( X) [" Michael Powley nriainatina Dept. ( X ) Mark Satterlee ( x ) 1611-71 Ron Harris ERD (X) aren Smith PLANNING AND ZONING COMMISSION Hearing Date: Hardscapes, Inc for A Change in Zoning August 19, 2010 from CO to CG PDS File Number RZ 1120094024 Applicant "Hamapes, Inc. Debra Fasnacht 6101 Sunset Blvd. Fort Pierce, FL 34982 772-489-3771 0 AGENDA ITEM No. III-C RZ-1120094024 Hardscapes, Inc. Property Location 5009 Lace Avenue Li Fort Pierce, FL 34982 ' .. Land Use & Zoning Future Land Use: COM' (Commercial) ,� .,� —"� ��,, EMIDWAV RD Zoning: CO (Commercial, Of- # 1a4.7 fice) - »a5a NE 5, ®Subject property AN ' 500 R. notification area A.6.1 A.— Jan. 2009 e-^•�—.—+---� ,\ Staff Recommendation - - Ft. Pierce city Limits N I� Map prePareO January 19, 2010 Forward a recommendation of approval to the Board of County Commissioners, as outlined in Location: Approximately 300 feet south of East Midway Road and 300 feet Previous Action None Proiect Staff Diana Waite, AICP Senior Planner 772-462-1577 waited@stlucieco.org Project Description Recommended Action Hardscapes, Inc. is requesting a Change in Forward a recommendation of approval Zoning from the CO (Commercial, Office) to the Board of County Commissioners, Zoning District to the CG (Commercial, Gen- as outlined in the staff memorandum. eral) Zoning District. The parcel is .55 acres and contains a 1,078 square foot building. Notice Requirements Background Public hearing notice was placed in the St. Lucie News Tribune, letters The purpose of the request is to allow for the sent to property . owners within 500 continued operation of a contract construc- feet of the subject property, and a sign tion company with limited outdoor display, in placed on the property. compliance with the County's Land Develop- ment Code. The existing business is cur- rently in violation of the zoning district regula- None tions, a code case is currently on hold, pend- ing this application. If the rezoning is ap- Further details are found in the at - proved, the conversion of the single family tached memorandum and staff re- structure to a commercial structure and site port. improvements will be required, including parking and landscaping. According to public records the Hardscapes Inc. has operated from this location since 2005. COUNTY F L O R i D A Planning and Development Services - - Department_ MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Dire Kara Wood, Planning Manager FROM: Diana Waite, AICP, Senior Planner t� Planning Division DATE: August 19, 2010 SUBJECT: Rezoning Request — Hardscapes, Inc. ITEM NO. III-C GENERAL INFORMATION: Applicant: Hardscapes, Inc. Contact Person: Dennis Murphy, Agent - Culpepper erpenm� g fnc. 2980 S. 25th Street Fort Pierce, FL 34981 Phone: 772-464-3537 Requested Action: A Change in Zoning from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District. Purpose: Abatement of a Notice of Violation of the CO Zoning District regulations to allow for the continued operation of a contract construction company with limited outdoor displays. Location: 5009 Lace Avenue, approximately 300 feet south of East Midway Road. Tax Id: 3403-804-0037-0002 Parcel Size: .55 acres File Date: November 17, 2009 Utility Service: On -site well and septic system. Ft. Pierce Utilities Authority service area for water is available on the south side of East Midway Road. Hardscapes, Inc. Rezoning August 19, 2010 File No.: RZ 1120094024 Page 2 Fire/Ems Protection: Station #6, White City (350 East Midway Road) is located approximately .25 miles to the northeast. Right-of-way - adequacy: Lace Avenue has an existing 40 feet right-of-way width. Additional right-of-way will be required prior to the issuance of zoning compliance. Concurrency ---0oe-ument:---Concurrency Deferral Affidavit Existina Land Use and Zonina of the subiect parcel: Future Land Use Zoning Existing Land Use The Property Appraiser's property record card notes the land use as single family. The Tax Collector's record indicates COM CO (Commercial, Hardscapes Inc. has paid business license fees since 2004 (Commercial) Office) with a business start date of 3/22/05. Surrounding Land Uses and Zoning: Future Land Use Zoning Existing Land Use North COM (Commercial) CG (Commercial, General) Residential with a home occupation approval for Jim Wilson Plumbing, Inc. (phone and office use only). A commercial ice machine is also located on the property (cod, violation). South COM (Commercial) CO (Commercial, Office) Vacant land East COM Commercial CO Commercial, Office Single family home and vacant lot West COM (Commercial) CG (Commercial, General) Autozone Inc. retail store Existing Conditions View of adjacent parcel on Midway Rd. Single family home on the east side of Lace Ave BACKGROUND INFORMATION: Hardscapes, Inc. Rezoning August 19, 2010 File No.: RZ 1120094024 Page 3 View of the entrance gate and existing building. The subject parcel contains a single family structure being utilized as a business office, with parking and outside storage areas for paver materials used in the applicant's paver sales and installation business. According to the Tax Collector records, Hardscapes, Inc. has operated at the subject location since March 22, 2005, A Certificate of Zoning Compliance was not obtained prior to registration of the business, which was recently found to be operating in violation of the zoning district regulations. In July 2009, the applicant was issued a Notice of Violation of the St. Lucie County Code of Ordinances or having commercia ma eria s an equipmen no a owe in a parce s ommer Zoning District. The proposed change in zoning to CG (Commercial, General) would allow for the abatement of the violation upon compliance with all applicable County requirements. This will include compliance with the County's regulations for converting of a single-family structure to a commercial structure, which will include landscaping, parking and screening. According to the property appraiser's database, the 1,078 square foot concrete block structure was built in 1967. In accordance with St. Lucie County Local Business Tax Receipt Ordinance #07-016 all businesses or professions located in St Lucie County are required to obtain a County Business Tax Receipt (previously known as occupational license). Businesses located in the unincorporated County are required to submit Zoning Compliance approval as part of the application for a Business Tax Receipt. This requirement is noted in several places on the Tax Collector's web site and on the Business Tax Receipt application checklist, which also includes the phone number of zoning staff. Since submission of the subject application, Planning & Development Services and Tax Collector staff have met to ensure and improve coordination to reduce the likelihood of business tax receipts being issued without zoning compliance. To assist applicants with this requirement a link to the Business Zoning Compliance application will be added to the Tax Collector's website. The recent merging of zoning and planning functions has created better coordination between these two divisions and all potential business operators or those relocating a business are advised of the need for the issuance of Zoning Compliance prior to obtaining a Business Tax Receipt from the Tax Collector. Neighborhood Meeting The applicant conducted a neighborhood meeting at the subject property on June 21, 2010 after notifying all owners of property within 500 feet of the property by mail. The applicant reported that two Hardscapes, Inc. Rezoning August 19, 2010 File No.: RZ 1120094024 Page 4 neighbors attended the open house and three phone calls were received. No one expressed any concern or reservations -about the proposed reclassification of the subject property. Staff has not received any calls or letters from interested parties regarding the project. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed change in zoning, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed change in zoning will not be in conflict with the St. Lucie County Land Development Code (LDC) and has met the standards of review in Section 11.06.03. The future land use for the subject property is COM (Commercial). According to Section 11.09.02, Table 11-1, Land Use CategoryvZoning District Compatibility Chart, the CG (Commercial, General) Zoning District is compatible with the property's COM (Commercial) Future Land Use designation. The parcel meets the minimum lot size and lot width requirements set forth in Section 7.04.00 and Table 7-10 for the Commercial, General (CG) Zoning District. A visual inspection of the property and Geographic Information Systems (GIS) measurements indicate the existing structure meets the 10-foot side setback and 25-foot front setback for buildings in the CO and CG Zoning Districts. Below are the dimensional requirements for each district. Dimensional Comparison by Zoning District from Table 7-10 LDC CO Zoning District Minimum Requirement CG Zoning District Minimum Requirement Subject Parcel Lot Size 10,000 square feet 20,000 square feet 24,145 square feet Lot Width 75 feet 100 feet 150 feet Road Frontage 60 feet 60 feet 150 feet Front Setback 25 feet 25 feet 25 feet estimated Rear Setback 20 feet 20 feet 75 feet estimated Side Setback 10 feet 10 feet 15 feet estimated (north) 85 feet estimated (south) Building Height 35 feet 60 feet One story Lot Coverage by Bldg. 50 % 50 % 5% If approved, the change in zoning will allow the applicant to seek a building permit to convert the single family structure to a commercial structure and provide the parking and landscaping required to bring the existing business into compliance with the County's Land Development Code. All applicable building and site improvements must be met prior to issuance of zoning compliance. The improvements will include, but are not limited to: Conversion of a single-family structure to a commercial structure - the building will be inspected for compliance with the building code and structural changes may be needed to convert the residential structure to a commercial use, such as handicapped facilities. Hardscapes, Inc. Rezoning August 19, 2010 File No.: RZ 1120094024 Page 5 • Off-street parking and loading- All weather surface parking areas, this may include pavers if approved by the County Engineer. • Landscaping Buffers — A 15-foot wide landscaped buffer strip is required along Lace Avenue between the abutting street and building, parking and vehicular use areas (LDC Section 7.09.04). There appears to be sufficient land area to provide this buffer. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The -subject parcel -and- surrounding -lands were changed -from a residential- land use to a COM (Commercial) Future Land Use as part of the County's 1990 Comprehensive Plan amendments and most were subsequently rezoned to CO, including the subject parcel. The parcel's Commercial (COM) designation is intended to accommodate all commercial zoning districts as identified under St. Lucie County's Land Development Regulations. Office and general retail uses are considered the principal uses within the COM designated areas. Future Land Use Policy 1.1.8.5: In addition to any other general standard for change in zoning as may be described in the County's Land Development Regulations, the following specific standards shall be used in determining the suitability of new property(s) for designation as Commercial General (CG) under the County's Land Development Regulations: a) New Commercial General (CG) property should have available to it at the time of any zoning change central water services, or have an executed service agreement for the provision of central water services necessary for both domestic and fire protection purposes. Fort Pierce Utilities Authority water lines are located approximately 250 feet to the north along the south side of East Midway Road. b)—New Commercial Generat (CG) piupeTty- uld not be located within 300 feet of any Aquatic; Preserve or other specially designated aquatic habitat or a Category I Wetland as described in Policy 8.1.14.1. The Indian River Lagoon Aquatic Preserve and the South Savannas are the closest water bodies meeting this criterion and are located more than one mile to the east. c) New Commercial General (CG) areas should have immediate access to the regional transportation network. The parcel has immediate access to Midway Road and US Highway 1, both components of the regional transportation network. The parcel is located approximately 250 feet south of East Midway Road and 300 feet east of US Highway 1. d) New Commercial General (CG) property should have a minimum lot size of one (1) acre, unless the property is being added to another existing commercially (general) zoned property. The parcel does not meet the one -acre lot size requirement. If considered in conjunction with the existing CG parcels adjacent to the site, more than one contiguous acre of CG zoning is provided. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; Hardscapes, Inc. Rezoning August 19, 2010 File No.: RZ 1120094024 Page 6 The proposed CG Zoning District is not inconsistent with the existing land uses to the north and west of the parcel. Approval of the proposed change in zoning and compliance with site improvement requirements for the existing business is expected to enhance the appearance and reduce impacts upon the non -conforming single-family home to the east. All surrounding lands are proposed for commercial uses in the future. Contract and construction services (SIC 15/16/17) only allows interior storage. The only outdoor materials shall be those for display purposes and may include stone products or other products designed for outdoor use. The outdoor displays may be allowed under building material and garden ---- supply �S1C 52)-Al "oiWe-r material used -fogy the contract construction services must be iin an enclosed structure. 4. Whether there have been changed conditions that require an amendment; There are no changed conditions that require an amendment. Changes to the uses in the area were contemplated in the 1990 adoption of the Comprehensive Plan assigned a Future Land Use designation of COM on the subject parcel and adjacent parcels in the Central White City Subdivision. Following the plan amendment, the County placed a CO Zoning District over most of the property within the subdivision, including the subject parcel. The COM Future Land Use designation provided for the conversion of the subject parcel and surrounding single-family homes from residential uses to nonresidential uses. While the existing single-family homes may be maintained as non -conforming uses, the future use of the subject and surrounding lands is intended to be primarily nonresidential. The proposed change in zoning will convert the existing business that has operated on the property since 2005 to a permitted use in compliance with all applicable code requirements. 5. Whether and the extent to which the proposed amendment would result in demands on public facillitiVs, and whether or to the eAft:1111 t1U WHIG" Me proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed request is not expected to result in excess demands on public facilities. Prior to issuance of any Final Development Order for the property, the applicant must obtain a Certificate of Capacity, which demonstrates sufficient capacity in services is available to serve the property. A building permit is a Final Development Order that requires adequately public facilities to be provided. The applicant has provided an estimate of impacts to the County's transportation system and various other public services. Water and Sewer The existing building is currently served by an on -site well and septic system. The subject property is within the Fort Pierce Utilities Authority's service area and potable water is available along the south side of East Midway Road, approximately 250 feet to the north. In accordance with Land Development Code Section 7.08.04, the proposed change in character and intensity of the business served by an on -site septic system shall obtain a Wastewater and Sewage Disposal Compliance Permit for the change in use. The criteria for issuance set forth in Section 11.05.09 of the land development code requires the applicant submit certification from the Health Department that the business has been inspected and that the use of the existing on -site septic system complies with all regulations of the State Health and Rehabilitative Services. If the system is found to be too small, the system will have to be upgraded to meet proposed use and current code. If the lot cannot accommodate the required upgrade septic system, hook-up to the FPUA would be required. Hardscapes, Inc. Rezoning August 19, 2010 File No.: RZ 1120094024 Page 7 Transportation The subject parcel is located on Lace Avenue, an unpaved and substandard 40-foot wide right-of-way. When the applicant applies for a building permit, a paving waiver or a fair share contribution for the future paving of Lace Avenue will be required. The applicant will also be required to donate additional right-of-way for Lace Avenue. The amount of right-of-way to be donated will be determined upon submission of a survey showing the building improvements, which will be provided as part of the building permit application. The value of the donated right of way may be utilized towards the total fair share contribution. The applicant will also be obligated to construct a concrete sidewalk for the parcel's --entire-road frontage. -The --applicant may -qualify to pay -a fee -in -lieu of -constructing the required sidewalk due to the sub -standard road right of way. The applicant provided an estimate of the potential transportation impacts of the change in zoning application that estimated the number of vehicular trips associated with the maximum potential development for the existing and proposed zoning district. The traffic generation estimates are based on maximum lot coverage by building of 10%, or 2,396 square feet. The subject parcel currently contains an existing 1,078 square foot building. The daily trip generation calculations provided by the applicant indicate that general commercial space (ITE 820 Shopping Center) allowed in the CG Zoning District would generate 76 more trips than the commercial office use allowed under the existing zoning district. These additional impacts will be mitigated by the additional impact fees that must be paid prior to issuance of zoning compliance. This will be the difference between the commercial office fees and the proposed commercial general use, an estimated $1,700 payment will be required for road impact fees. Public Transit A transit stop is available at the Walgreens on the NE corner of East Midway Road and US Highway 1 approximately 500 feet �+ �f�� orzhe-petiti8r} si#�. Stormwater Management The property is located within the limits of the North St. Lucie River Water Control District. The parcel is in Flood Zone X (500 year), according to FEMA FIRM Map 120285-0280-F, dated August 19, 2001. Prior to issuance of zoning compliance all applicable stormwater management regulations must be met. Solid Waste The County's Solid Waste facility currently has capacity to serve the commercial use. The existing use has been established at this location since 2005. Prior to the issuance of Zoning Compliance, the dumpster on the property is required to be screened in accordance with LDC Section 7.09.04(F). Parks and Recreation The proposed nonresidential zoning district will not increase demands on the County's park system. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed change in zoning is not anticipated to create adverse impacts on the natural environment. The parcel contains few natural features and this petition does not authorize any alteration of the project lands. No vegetation removal may take place on the site until a permit is issued by the St. Lucie Environmental Resources Department. Hardscapes, Inc. Rezoning August 19, 2010 File No.: RZ 1120094024 Page 8 7. Whether and the extent to which the proposed amendment would result in an orderly and Logical development pattern specifically identifying any negative affects of such patterns; The proposed amendment would result in an orderly and logical development pattern. The proposed rezoning will extend the existing CG Zoning District located along the parcel's northern and western property line. Compliance with the County's Land Development Code is expected to improve the appearance of the property and buffer the commercial use from the residential homes on the east side of Lace Avenue. -8Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The proposed change in zoning will allow the existing use to continue and abatement of a zoning violation upon compliance with all applicable County building and design standards. Compliance with applicable standards is expected to improve the appearance of the existing property and buffer the single-family homes on Lace Avenue from the commercial activities. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code. In considering the proposed change in zoning, all uses within the CG (Commercial, General) Zoning District that are permitted by right may be located on the property without any further Board review. Attached is a copy of Section 3.01.03(S) — CG (Commercial, General) of the St. Lucie County Land Development ode, which outlines existing and proposed zoning district. If the change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff recommends the Planning and Zoning Commission forward a recommendation that the Board of County Commissioners approve this petition. Please contact this office if you have any questions on this matter. Attachment dw cc: File Hardscapes, Inc. Rezoning August 19, 2010 File No.: RZ 1120094024 Page 9 Suggested motion to recommend approval/denial of this requested Change in Zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF HARDSCAPES, INC., FOR A CHANGE IN ZONING FROM THE CO (COMMERICAL, OFFICE) ZONING DISTRICT TO THE CG (COMMERICAL, GENERAL) ZONING DISTRICT BECAUSE .... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] MOTION TO DENY. AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF HARDSCAPES, INC., FOR A CHANGE IN ZONING FROM THE CO (COMMERICAL, OFFICE) ZONING DISTRICT TO THE CG (COMMERICAL, GENERAL) ZONING DISTRICT BECAUSE .... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] -4--. P • COUNTY F t Q R t D A Environmental Resources Department TO: Board of County Commissioners Companion Report THROUGH: Karen Smith, Environmental Resources Department Director FROM: Jennifer Evans, Senior Environmental Planner DATE: August 5, 2010 SUBJECT: Hardscapes Rezoning RZ 1120094024 Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the rezoning of the subject property from CO (Commercial Office) to CG (Commercial General). Findings ERD findings are presented in the ERD Report, which has been included in the agenda packet. Recommendations ERD supports approval of the proposed rezoning. Signature Environmental Resources partmen+ • Final Report TO: Diana Waite, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Jennifer Evans, Senior Environmental Planner DATE: November 25, 2009 SUBJECT: Hardscapes Rezoning RZ1120094024 Background The Environmental Resources Department received the application for a change in zoning from Commercial Office (CO) to Commercial General (CG) known as Hardscapes on November 23, 2009. Environmental Resources staff has completed a site visit and review. The project site is located at 5009 Lace Avenue in Fort Pierce. The applicant is requesting a rezoning in order to establish a contract construction office with limited outdoor display areas. The site is currently a single family home. Findings Please be advised landscaping consistent with Land Development Code Section 7.09.04 will be required at time of zoning compliance. Existing native vegetation may be counted toward these landscaping requirements if applicable. Recommendation ERD supports approval of the proposed rezoning. Please contact Jennifer Evans at 772-462-3862 if you have any questions. 1 RESOLUTION No. 10-107 2 FILE NO.: RZ 1120094024 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 6 ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM THE CO 7 (COMMERICAL, OFFICE) ZONING DISTRICT TO THE CG s (COMMERICAL, GENERAL) ZONING DISTRICT FOR A PARCEL --9 -- LOCATEDIN ST. LUCIE COUNTY;-FLORIDA. 10 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 12 the testimony and evidence, including, but not limited to the staff report, has made the 13 following determinations: 14 i5 1. Hardscapes, Inc. requested an Amendment to the Official Zoning Atlas to 16 Change the Zoning from the CO (Commercial, Office) Zoning District to the CG 17 (Commercial, General) Zoning District for property located at 5009 Lace Avenue, 18 depicted on the attached maps as Exhibit "A" and described below. 19 20 2. On August 19, 2010, the St. Lucie County Planning and Zoning Commission 21 held a public hearing on the petition, after publishing notice at least 10 days prior 22 to the hearing and notifying by mail all owners of property within 500 feet of the 23 subject property, recommended that the Board of County Commissioners 24 (approve/deny) the change in zoning from the CO (Commercial, Office) Zoning 25 District to the CG Commercial General Zoning District. 26 27 3. On -------, this Board held a public hearing on the petition, after publishing notice 28 at least 10 days prior to the hearing and notifying by mail all owners of property 29 within 500 feet of the subject property. 30 31 4. The proposed change in zoning has satisfied the requirements of Section 32 11.06.03 of the St. Lucie County Land Development Code and is consistent with 33 the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 34 35 5. The proposed change in zoning is consistent with the existing and proposed use 36 of property in the surrounding area. 37 38 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution, was 39 signed by the applicant on November 12, 2009. 40 41 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. , 2010 Subject: Hardscapes, Inc. Page 1 Resolution No. 10-107 Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas from the CO (Commercial, Office) Zoning District to the CG (Commercial, General) Zoning District for property located at 5009 Lace Avenue and depicted on the attached maps as Exhibit "A" and described below is hereby approved. Legal Description: Lots 9,10 and 11, Block 3, CENTRAL WHITE CITY SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5, Page(s) 63, of the Public Records of St. Lucie County, Florida. Containing .55 acres, more or less. Above described lands situate, lying and being in St. Lucie County, Florida. Parcel ID#- 3403-804-0037-000/2 Location- 5009 Lace Avenue, 250 feet south of East Midway Road. B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation and reference to the date of adoption of this Resolution. C. A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. 2010 Subject: Hardscapes, Inc. Page 2 Resolution No. 10-107 1 After motion and second, the vote on this resolution was as follows: 2 3 Chairman Charles Grande XXX 4 5 Vice -Chairman Doug Coward XXX 6 7 Commissioner Paula Lewis XXX 8 9 Commissioner Chris Dzadovsky XXX 10 11 Commissioner Chris Craft XXX 12 13 PASSED AND DULY ADOPTED This Day of 2010. 14 15 BOARD OF COUNTY COMMISSIONERS 16 ST. LUCIE COUNTY, FLORIDA 17 18 19 BY 20 Chairman 21 22 23 ATTEST: APPROVED AS TO FORM 24 AND CORRECTNESS: 25 27 28 Deputy Clerk 29 30 31 32 33 34 35 36 , 2010 Page 3 County Attorney Subject: Hardscapes, Inc. Resolution No. 10-107 I 2 CN ® Subject property ' 500 ft. notification area Cl, Ft Pierce City Limits 2010 Page 4 EXHIBIT A CG g CG • CO soo n ♦ a INDIANA AVE ' • _ -�- --CG---- RS4 St. Lucie County Zoning Ft. Pierce Zoning N CG Commercial General C3 - General Commeraal 1-- AA CN - Commeraal Neighborhood s.-�r'�+ro^��r^� ■ CO - Commercial Olrice N - Institu0onal Map prepared January 19, 2010 RS-0 - Residential Single Family (4 dulac) Subject-. Hardscapes, Inc. Resolution No. 10-107 O N O CL O m O U (N U) T— cu N `a9oon Rye —9 {L z V 3 i i5 I oon a A;unoo aagoyoaa)�p ,. -... Pa U � z Z J '' Lu z Z U z co U) o - -� is dNZ!S A O o j � o v! U C� w ! c U i � end Adis ` CD w =o U a O G� o- z U �� U I Q T� CD o �C� end �� Z ; 0 U- o N �U p O (o21 U� U) r = NU'zO I LAVMHJIHsns ♦ c� �EEE�� ♦ �UUU Cl) (n L) L) ♦ . 1 (� Q Co ` z A p v_ U Q O U i U (n Ln LL a) cn Z � z 8a INW0130 O w w J EN Ld2 Z = m o — _ _._--- --- O. _._... mU) ' N ► - -- U 1S 4NZ'S - a m 4 �I C. N LL w U 2 to 44 3A`d 2]ViS U� o LO Li N c O 1 3Ad 3�tf1 z 1 rn y � � 1 1 his Oi 1 1 2 O C6 1 I I 01 .+ c a) Lf — J E C\l UT C) t° ` U � N..:... o-o 02 ,; CD cnUX tiU I L AdMHOIH sn S tso o a) ca Q O U (n tf) LL i 1 1� R- CO COMMERCIAL, OFFICE 1. Purpose The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Adjustmenticollection & credit reporting services (732) b. Advertising cr„) C. Communications - except towers (48) d. Computer programming, data-processing and other computer related services (737) e. Contract construction services - office only (15.16.17) f. Duplicating, mailing, commercial art/photography and stenographic services (733) g. Engineering, accounting, research, management & related services ron h. Executive, legislative, and judicial functions (Y,.92.93.94.95.9E.97) L Finance, insurance, and real estate services (bo,ateze3m.e6.e7) j. Health services - except nursing homes and hospitals (so) k. Membership organizations, except religious organizations (58) I. Miscellaneous business services: (1) Detective, guard and armored car services (73e,) (2) Security system services (7302) (3) News syndicate v3E3) (4) Photofinishing laboratories (73N) (5) Business Services - misc. (739P) M. Personnel supply services (7ie) n. Social services: (1) Individual & family social services 1337,939) (2) Job training and vocational rehabilitation services (s33) o. Travel agencies (473+) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Child care services (e3s) b. Television and radio transmitting towers (9e9) C. Telecommunication towers - subject to the standards of Section 7.10.23 (m) 8. Accessory Uses Accessory use are subject to the requirements of Section 8.00.00 and include the following: a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). SL Lucie County Land Development Code Adopted August 1, 1990 3 - 27 Revised Through 05/15/04 3,01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 8. Accessory Uses. Accessory use are subject to the requirements of Section 8-00.00 and include the following: - a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) S. CG COMMERCIAL, GENERAL. 1. _Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2-00.00 of this Code. 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) C. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors. (79) e. Apparel and accessory stores. (56) f. Automobile dealers. (55) g. Automotive rental, repairs and serv. (except body repairs). (751, 753, 754) h. Beauty and barber services. (723/724) i. Building materials, hardware and garden supply. (52) j. Cleaning services. (7349) k. Commercial printing. (999) 1. Communications - except towers. (48) m. Computer programming, data processing and other computer serv. (73 7 ) n. Contract construction serv. (office and interior storage only). (15/16/17) o. Cultural activities and nature exhibitions. (999) p. ITu h ating, mailing, commercial ar 7p and stenog. sere. q. Eating places. (581) r Educational services - except public schools. (82) s. Engineering, accounting, research, management and related services. (87) St Lucie County Land Development Code 3:24 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 t. Equipment rental and leasing services. (735) u. Executive, legislative, and judicial functions. (91/92/93/94/95/96/9 7 ) v. Farm labor and management services. (076) W. Financial, insurance, and real estate. (60/61/62/63/64/65/67) X. Food stores. (54) y Funeral and crematory services. (726) Z. Gasoline service stations. (5541) as General merchandise stores. (53) bb. Health services. (80) cc. Home furniture and furnishings. (57) dd Landscape and horticultural services. (078) ee. Laundry, cleaning and garment services. (721) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01(H) of this Code_ (86) gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores. (591) (2) Used merchandise stores. (593) (3) Sporting goods. (5941) (4) Book and stationary (5942/5943) (5) Jewelry. (5944) (6) Hobby, toy and games. (5945) (7) Camera and photographic supplies. (5946) (8) Gifts, novelty and souvenir. (5947) (9) Luggage and leather goods. (5948) (10) Fabric and mill products. (5949) (11) Catalog, mail order and direct selling. (5961/5963) (12) Liquefied petroleum gas. (propane)_ (5984) (13) Florists.(5992) (14) Tobacco. (5993) (15) News dealers/newsstands. (5994) (16) Optical goods. (5995) (17) Misc. retail -(See SIC Code for sped c uses, . 59 hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services. (7291) (2) Misc. retail (See SIC Code for specific uses). (7299) St. Lucie County Land Development Code 3:25 Adopted May 19, 2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - mist. (7389) jj. Mobile home dealers. (527) kk. Mobile food vendors (eating places, fruits and vegetables -retail). (999) 11 Motion pictures. (78) mm. Motor vehicle parking - commercial parking and vehicle storage. (752) nn. Museums, galleries and gardens. (84) oo. Personnel supply services. (736) pp. Photo finishing services. (7384) qq. Photographic services. (722) rr. Postal services. (43) ss. Recreation facilities. (999) tt. Repair services. (76) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) vv. Social services: (1) Individual and family social services. (832/839) (2) Child care services. (835) (3) Job training and vocational rehabilitation services. (833) ww. Travel agencies. (4724) xx. Veterinary services. (074) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off Street Parking and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06-00. 6-__ -- ¢n scapirig Requirernerits. Landscaping requirements are subject to Section 7OJ=00- — 7. Conditional Uses. a. Adult establishments subject to requirements of Sec. 7.10.10. (999) b Drinking places (alcoholic beverages) - free-standing. (5813) St. Lucie County Land Development Code 3:26 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 C. Disinfecting and pest control services. (7342) d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels and motels. (701) g. Household goods warehousing and storage -mini -warehouses. (999) h. Marina - recreational boats only. (4493) i. _ Motor vehicle repair services-_ body repair. (753) j. Sporting and recreational camps. (7032) k. Retail trade: (1) Liquor stores. (592) 1. Stadiums, arenas, and race tracks. (794) m. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00,00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One (1) single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). T. IL INDUSTRIAL, LIGHT 1. Purpose. The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in °( )" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Business services.(73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10,23. 4S) -- - C. Construction services: (1) Building construction - general contractors. (15) (2) Other construction - general contractors. (16) St. Lucie County Land Development Code 3:27 Adopted May 19, 2009 AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF FLORIDA COUNTY OF St. LUCIE Ed Rake , being first duly sworn deposes and states: 1. 1 am the owner or the agent for Hardscapes. Inc. for the following petition: RZ- 1120094024. 2. I hereby _certify_ that__I have_ complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the August/September 2010 public hearing to be conducted by the St. Lucie County Planning and Zoning Commissioni St. Lucie County Board of County Commissioners on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by St Lucie County Planning Division on July 26, 2010 . The following required documentation is attached: A, Dated Photo (Close up) July 26, 2010 B. Dated Photo (Distant) July 26.,,MO Further affiant sayeth not. ,sue s, Ed Rake STATE OF �, ) COUNIYOF,-j€ The foregoing instrument was acknowledged before me this 51h day of August 2010, by CA, Said person (Check one) (Y" is personally known to me, produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit Notary Public, i tate of Typed or Printed Name of Notary Commission No. My Commission expires: :11 r DEBRA L. 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O N pp N O O O N O N pp O 0 0 .'+ 0 Q 0 Q 0 Q 0 u� 0 N 0 m 0 0 0 0 0 O O 0 0 0 0 0 N 0 Q oo Q Q 0 Q 0 Q 0 Q Q 0 Q 0 Q 0 Q 0 Q 0 Q 0 Q 0 Q 0 Q 0 Q 0 Q 0 Q 0 0 0 0 0 o 0 0 0 m C W 0 m 0 0 0 0 0 0 0 0 0 0 0 0 .-� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .--i o m U M m m m m m m 1!1 m m V1 m v1 m vl m m m u1 M 00 m l!1 m M M tl1 M Vt m CO m W m m M 00 m DD M W m m M DD M m M m m m m 00 m m m W M m m 40 m 00 m 00 m m m �f1 m V1 M O ll7 m m m m c'n M c I., o Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q O Q o O Ulm O Q O Q O Q O V O Q a a v o0 a m m M M M M m M M m m M m m m m M m m m M m m m M m m m M M m m M m m M M .-+ m M M mt m a a PLANNING AND ZONING COMMISSION John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: August 19, 2010 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Hardscapes, Inc. 5009 Lace Ave, approxi- mately 300 feet south of East Midway Road. Zonin CO (Commercial, Office) Future Land Use COM (Commercial) PUBLIC HEARING NOTICE Hardscapes, Inc RZ 1120094024 RZ-1120094024 Hardscapes, Inc. zoning 3 CIS CG c0 co G3 C3 CN W MIDWAY RD �- , E MIDWAY RE) CG CN i CISCO soon < INDIANA-AVE e CN i JOHNSTON S1 LJ C0 z % w ASHLEY ST o RS4 � HOSBINE 5T ® Subject property SI. i I c nZ m-9 r1. 11—zn�me - �+�1 N CG-C G.—I C General Commeroal CN-Co INepnwrT— J�f.wnc w—.�.,,. 500 ftnotification area CG -C ofi e...ar..y._.., _ Ft, Pierce Cl Limits h I -iri, in RS-0 R e 4 1 sln9 a Fam' y (a dwacl Map p,,;,rG January 19, 2310 Public Hearing Description The St. Lucie County Planning and Zoning Petition of Hardscapes Inc., for a Commission has the power to review and rec- Change in Zoning from the CO ommend to the St. Lucie County Board of (Commercial, Office) Zoning District to County Commissioners, for approval or disap- the CG (Commercial, General) Zoning proval, any applications within their area of District. responsibility. All interested persons will be given an oppor- The purpose of the request is to allow tunity to be heard. Written comments re - for the continued operation of a con- ceived in advance of the public hearing will tract construction company with limited also be considered. Written comments to the outdoor displays. If approved, the Planning and Zoning Commission should be change in zoning will allow the appli- received by the Planning and Development cant to convert the single family home Services Department - Planning Division at to a commercial structure and provide least 3 days prior to the scheduled hearing. the parking and landscaping required Further details are available in the Planning to bring the existing business into com- Division —please contact: pliance with the County's Land Devel- opment Code. Staff Diana Waite, AICP Tel. 772-462-1577 A 15-foot wide landscaped buffer strip Email waitedCa?stlucieco orq is required along Lace Avenue be- Mail 2300 Virginia Avenue tween the abutting street and building, Fort Pierce, Florida parking and vehicular use areas (LDC 34982 Section 7.09.04). Businessi mr P A G E 8 3 • T H U R S D A Y, A U G UST 5, 2 0 1 0 a T C P A L M C 0 M • S L Z W 2 W a Z all C r cc 0 U wJ 0) C .E O N t0 rn O O x CIO N N m a) E tea) ` ni E Q a :3 ~ Z p U) N O Q S (n U rid C k- Foreclosure_ law -firm faces class_ -action suit BY KIMBERLY MILLER An assignment is held "There is no real holder of attempting to foreclose. Stern, but it is so huge and a electronically and reduce Palm Beach Posl by the entity that has the the note and the mortgage "The assignments were lot of people are in very bad paper documents. Fiorida's purported larg anss right to receive mortgage anymore because they maingleshellsdesigned shape, so some of the finger Trent says HERS helps estforeclosurelawfirmfded payments. broke it up and sold it to 10, In pull the wool over theeyes pointing goes to him," 7Ew hide the identity of loan thousands of documents to Stern's practice, which 12, 20 people." of thejudiciary and ease the said ownership and that it mn- take people's homes that the lawsuitclaimsfiled upto During the real estate burden upon the unknown Trent also named the spired with Stern to "con - contained deceptive and 7,000 new foreclosure cases boom, loans traded hands real parties of interest the Mortgage Electronic Reg- fuse everyone as to who intentionally ambiguous in Florida every month last often, sometimes being lawsuitstates. ustan Service Corp. a, owned what" information, according year, also is alleged to have bundled or split up and sold Miami attorney Jeffrey a defendant. The private Tew called that claim to a proposed class action pursued foreclosures for to investors. TEE, of Taw Cardenas law entity, known as MERS, was "fantastical." He did lawsuit. lenders that didn't own the Tracking the true owner firm, u representing Stern created by banks in 1995 to acknowledge, however, that The suit, filed last month debt on the homes. of the debt sometimes He said Stern and his track mortgage ownership errors ran happen. in U.S. District Court, 'Therarnallylsooproper can be a challenge. When company have done noth Southern District of Flor- plaintiff to sue andforedose pressed for proof of debt ing wrong, and that it is ida. says David J. Stern and and that's what this charade ownership, Trent said accepted practice for ;firm ' fm_ hisPlantation-based legal is designed to cover," said Stern's office would create employee to be given powerteam violated the RacketeerFort Lauderdale attorney an assig ment signed by a to approve assignments Influenced and Corrupt Kenneth Eric Trent, who ks Stern employee instead of a "This foreclosure cnsssOrganvations Act by gener- seeking class action status representative of the lender was not created by Da td 3is ating fraudulent mortgage and filed the suit on behalf assignments when pur - df Oakland Park resident } €''ingforeclosures. Ignacio Damian Figueroa. 1 I I i 1 77� LOCAL FORT PIERCE Meadowood hires new food, beverage team Meadowood Golf & Tenrus Club recently entered into an agreement with James and Juliann Foil to take over the entue food and bevemge operation at the Fort Pierce country club. The Frail own Di MJcheIL's Italian Deli and Cater ing and Bottom's Up Beverage, and have extensive wad- ding and banquet experience. Juliann Freitas will conduct her catering and wedding planning from the Meadowood location. For information, contact Juliann Frettas at (772) 466- 9000, ext 28 or e-ma➢ dimichellisQmeadowoodgolfandten n c.com sus tepdrl EXECUTIVE PLANNER NEW LISTINGS Fort Plerc• 51a111a4 and Prni•ealonal WOm•n's club: Dinner. Sorry 5 sal 6 D.m., Aug. 16. RSVP. (772) 460 2068. DATED MEETINGS SL Ll Courlq ChamMar Ai commerce Mum-Cunural COuncll. Cramp Adinams"T've ORlce, 1850 SW Foumainview PIG., Suite 201, Port Suck 8:30 a.m.. Aug. 6, Sabartlan Chambar ay COmrrrer- Breakfast Jerry Smith Flooring, 915 U.S. 1, SeD3sli in, 8 9 a.m., Aug. E Ages 18� (772) 569-5969, set aslasnchamber. corn. REGULAR MEETINGS Pierce, Buildlg E, Room t23, 8 am.-5 p.m., Monday-kiday (888) 283- 117T Al" RISC Busireu and Tachndngy Incuoatlm, 1994 S.E. Federal H'Igril 51uan, 8.30 s m: 5 p.m, Monday, Tuesday, Thursday Dlaon Hendry Campus, 2229 NW Nlmh Ave., Okeechooke. By appoimmem. Women On Wall SLrAll Indian River Chamber of Commerce, veto Beach, ELK 6:30 p.m., Tuesdays, Thursdays through Aug. 5. $25. Reservation_ (772) 567-3491 W 115, Th-cli.ya Buelr»o beoclatae Or Martin. Business ri-Orking to pr prip e, strengtfnn Martin County busineSaBs; ccrimar al breakfast Perkins Reatauara, 2503 S Federal Fdghilk Suan, 730 8:30 am.. ta-V Thursday. Reservation: (772) 298-5251, BAMnond-nn, Florida Small Boelnw IMwlopmerd Clarinet- Management counseling for small business avnels. BlacaDum Educatlorel Bulding, R. 'Duke' Nelson Hunan Deveiopn S and Resources Centre, Room 118, 3002 Avenue D Fon Fiance, 14 p m (888) 2831177 Beeehaldeys Tort ten: Public speaking, leadership skills. IRSC Mueller Campus Bricker Library 6155 College Lane, Vero Beacn, noon 1 p.m. Ages 16*. (772) 23197": toastmasters org STATE ORLANDO Disney World raises ticket prices Visitors to Walt Disney World will have to dig deeper into their pockets to get into the theme park resort in Orlando. Disney World is raising the price of a one -day, one -park adult ticket to $132 starting Thursday The change in ticketprice is a 3.8 percent increase from the current $79 charge. Wire report TREASURE COAST STOCK SPOTLIGHT Z. ATiG tic L s so _ oL d sa ekolamtend .395 i.s Mnkan A is ae.z3 ..m Disney - 1 +.a2 rap „'d k. pl ll.l T MP6 Ze Aiapcne t2 4129 - LenmrA 1,1 1415 Sim NdrTrn n 33 11 As 11 PMa W M sa.-M .. • ek SninOoro �_ ._ As t292 f<lFn w � e52 -a9. .17 82 TCPALt1.CDM: Track arty stock, create your custom portfolio. LAW OFFICES OF ERIC G. OLSEN 1333 NE invn Ill eauk.ard • lnrn 6.od EGOLAW.coan 772-225-3393 A Fuca and A F11� f (oript, unknown) A flea and a fly Flew up rn a flue. Said tkC, flea, -Let ue Ayl° said the fly, "Let us fl I' .5,`they flew through a flap in tko, flue. ' Sb�------------ NOTICE OF 23adv PUBLIC MEETING g Fla Avenue 2Hdt5EMonerey Re. M1nN. FL349e35652 oi2site Tkprt>721d2-1593 1ada 3I n2M F me:7-229 (7721285955 Tn St Lurie Tan--, Planing Ong deazion (51Lube TPO) and "a, Mann M-Al Planning O g - on III—' MPO) - announce nt Board meet rg that wit M open to the Wbill Dandnm•: Thursday August 12,2010, 290 pm La•6on' 23MV.., Cnunry Comm zsion Cnambers rginb Avenue FC,I V Fat Pkrce F orNa loan. ne M.ebn• 208s B•glPn. LaogAanq• Tnnap•rMlion Plan 111L"l law laev and & me Needs Plan arM reJewr of me daft R -. Resources -Oil s and the ora([ Goals, Objective; and Pe , Ion Ind 20351- t•Haul Aprwmans br M• Tnuun Cwst a,! ... I Tnnsra dganaatlon TTrl TCRTO InaeHxal A9rl Ago Review antl discussion of proppsed re+isronz to Ind eemenl. Theme Ski Lucie TPO vtifiez the requirements olvariouz norrdiscriminauon kwxaM ragvlallons including Tolewl o/one Civil Rign DAct of 1964.PubFc pa on is sd' - d ' MUIr g N dot, rut oral oigrvage, 19 di carry I It's P M1 g auk neir bo M. S Tics Ippi( i [I VI pl - La ha 1 Ye S.L - PO 772162 e R ee Ar,- wth a dlsad Tyvr ring modan :one try fee hoe: snwa c �uroan WDke, Sz. Luck County Risk Marngel, at ]Fky ,1546or TOOOint 2- 142a .1 1.- As houll is to mere mring. Anyone wiIn a disad'liry requiring ,a zi coin adatim to xteM the `Nsnoule '.'A"C-u,,hy Transit al n2H64-7411 (fat Pere) or n2-97D1297 (Pon sLLuce) at lean •8 Flours prin Ie the meeting counry Reueenn.- Assistance to, disabled persons may Lae rrarged by calling-2117034.-English speaking deal w visually impired M need of an imerpeter should co t the M>rrm County Admin- rat- ONhce at 772-288-5420 of 772-286-S940 RDO1 Hems rot -Poked on the 1- a so -1 be heard in-liaraaen of Ind bell maesb d Ire rybks heahh salaq. i,4 and as naceary 1e prude, every persons rghs d access. If any person decides to as- anY ldm Dinh dernipn nude by one L Lucre M and the Man, MPp w s, respect o any oruNend a1 Iran meeting a lonng, llat person still reed a lecore oflp --ell la zud+a Wrposezlwi personmay need roensure that r«om d d,e pmce•dkgs Is mane wNcn �rclvae Ind ledmeny and evihnce upon wi,irn she ;tweet a Io tr based. CrA W e'. Si a ca rinmin recevoua intormas.on v en wade z+ bout plot talk 171-1-1777. EaPIOQI: si usaed dose; recidr e11. nforma- en esl. pot fawn (lame al 772H62-)777. LTx *ALTN VIC1NSD 336.1139 429.1110 Ii LaaN F.PWa J Big Brothers Big Sisters of 51 "- count' Timothy loves sports, especially baseball. Timothy needs a Big Brother for friendship and a mentor. Do you have a couple of hours a week for Timothy? Call us today at 772-466-8535 or visit us at bbbsbigs.org Sponsored no _ \ ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA August 19, 2010 Tile St Luck Ldu.Y PWminp a1. Zminq CammleM 4 edWMad b n INk nd vutr rsanaaerMatlana raped" talk Mail ham PeBUavad by ON sapika. Air •d*P by ale all d (two C-Hakim rk d ST Lack Caen, Fbida, by raaaarl RESOLUTION N0.10l A RESO'VWN OF THE BOARD OF COUNTY COMMISSIONERS OF S7. LUCIE COUNTY GRANTING A CHANGE IN ZOMNG FROM THE CO ICDMMERCIAL, OFFIOE) ZONING DISTRICT TO THE CG (CDWEROI , GENEll ZDMNG DISTRICT FORA PARCEL LOCATED N ST. LUCE COUNTY, FLCRI04. API LIGM: FMrdszapes. be FILE NUMBER RZ 112DD904 PURPOSE: Ali M, It, apan'm d a sauksl CaWMbn d sake, wah lists Audi Mail LOCATION: Sol Lace Avave, FM Pk -FL LEGAL DESCRIF710N. L,U9, 10a.II Bbd 3,CENTRAL NWTE CfrY SUIaOVISKN,-dng bIllA them, As ladvdtl M PMI Boni 5 Pal M, d N Ptak RewNs of S LIM Cm* Flue,. ctania lg M acres muealea ADM gagmen ads UkON IVn9 and;rang h S Llek Carey Fkrda. •l ce y The Panting Al Zol Cmmsaim Fuel HEARNG op IN, aeon wil be all in hie Camnesion Ciarbrs. Rigel P a As Amea, M Fbu, A. Ludo County AM1melogil all P300 Vignu Manx, Pi P'Ma. Fbea m TScAl Agail IL.2 ba0-, 9 jul u as-nbravaa as posble. Ali ua-kad pemre W be 9., an ppolu�N IC. Mad. W-N mmreds iTetl advsce d nmm Ys N mMean al cab bM c b the PMka0 N, IN, PMmirg cab DesalmnMd soups DpOk- . Ph Div.bn . Aral Sdg'nspb!h eded.dhMNg TMpim Tbeev. WIwew allM FiNal All OMltpeal a-Vuq. A-2M Fba, Fan Rwa Fbrde, dadg toys bores, Ill Puke ale fn2)r62-2W u TOO raw 142I a you hwa a1N 91NAkn{ a w1h a&SONA eMnWon. The a. w as Uwe 9. Wee all Zol Said � C-aN brra�rs In a 6 may. all applMie, NilM-all d aayaaAal The p®edrga Al the Plaakg ale 2aag Cbmlop' art Nedmni* goask d McSIMNT TD Saeq•n m.aa. FW& Ste a a MN- decade b ppaal art? daedm aRtle b/ h P!aladg aN Zom9 Camebn wAl, sesp.d b ar7-r anal ale nN.q a hakieg, IN A, Me hid Al A Al of the P.-agi s.Fa such papki M a she my All W ewe IN a va.dM, acid of Ih puagal N nailer Nhd - tak.6le lelimy -.,0- al Mich the Meal e b M braved. UP -A Ue n AMC Of ANY pity b De Pocrbg. kcal -M IeaM/irq ding Miring kkill be - A, An, party b Ill p -al kid be yelled an alpknty b a1m an". baling drip a heaip a- nQ-.. k 1 baunas aaaary, a pr.ic twang nN/h cWiutl bra gO ant, Si. L-a uaedabil al aid9 ®wwmaKon bCounty paYrd netnee � slral madal e ea la!Y !1i28) Arty gslklm atom 11ks al tn2N62-15.6 01 Too, (772�N C anagenda may De 'A -to $$CIA mklq okaW,a lnz)n6z.zezz. PLk*" AND EWINi COMMkS.ROM Lock PLWMNG AGENCY ST LUCIE COUIll, FLORKY. MRAIO MNM1D1, CIlA1NMN PUBLISH DATE: Avqual5, 2010 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Human Resources/Risk Management SUBJECT: Bid for Employee Dental Benefits ITEM NO. Vlll DATE: 09/21 /10 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Daniel J. Lutzke Risk Manager;�( BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funded through voluntary employee payroll deductions PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to award Employee Dental Benefits to Delta Dental as provider of employee dental benefits effective January 1, 2011 and authorization for the Chairman to sign documents as approved by the County Attorney and Board decision regarding County contribution from options delineated on Attachment C. COMMISSION ACTION: [� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Motion to switch to Deb Dental provider and approve Option #2. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) f - OMB Director (X ) Budget Analyst (Daniel S. McIntyre) Originating Dept. (X) ww ERD ( ) illiam Hoeffner) _7&k14 (Marie Gouin) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Interim Human Resources Director ;O 1 d FROM: Daniel J. Lutzke, Risk Manager DATE: September 21, 2010 SUBJECT: Bid for Employee Dental Benefits to be effective January 1, 2011. ITEM NO. VIII Background: On October 28, 2008, the Board approved the fully insured Guardian Dental Plan. In August of 2010 the Human Resources Department was advised by the County's Insurance Broker that Guardian was proposing a 37% rate increase which through negotiation was reduced to a 26% increase. Staff felt that such an increase required competitive bids be obtained from the insurance market and instructed the County's Insurance Broker to seek bids/quotes for similar dual -option dental PPO benefits from the insurance industry. Ten companies were contacted for proposals and eight dental insurance companies responded to the bid request. A synopsis of those proposals is submitted as Attachment A. While most of the dental plans closely paralleled the existing dental benefits there were slight variations in the benefits and in the manner they are provided. To be cost competitive, Guardian submitted additional "Low Benefit" plans with lower premiums. A Bid Selection Committee was established and met to review and rank the bids (Attachment B). The Committee ranked Delta Dental Benefits program as the best mix of cost and benefits. While funds for Dental Benefits come primarily from Employee Payroll Deductions, the County has been contributing 11.52% of the total annualized cost for dental benefits. Attachment C details the Boards three different contribution options. The Board should select the option for contribution or non -contribution to Employee Dental premiums for calendar year 2011 that is to be implemented. Recommendation Board approval to award Employee Dental Benefits to Delta Dental as provider of employee dental benefits effective January 1, 2011 and authorization for the Chairman to sign documents as approved by the County Attorney and Board decision regarding County contribution from options delineated on Attachment C. 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V N N K ll'1 O 2E Yf C m 8 fn 2 Z Of W Z M CN N m E I 10 N LL M O N ICI o NO o a s � Q ET wLLI a in MIS Y aW +CL oi a 38o 4 E E E-. o a 4§ o o 0 m� �i wofniLLm o aS O U zw� I tchment A i SELECTION COMMITTEE TABULATION SHEET September 14, 2010 Attachment B DENTAL BENEFITS NINE (9) submittals for Dental Benefits are presented for evaluation: Select the TOP 3 Quotes and Rank them as #1, #2, or #3 ( #1 being best) A B C A E F Dental Provider Rank Guardian Dental (Renewal Quote) $ 743,810.04 Guardian Dental (Reduced Benefits Quote) $ 596,428.92 DELTA Dental $ 618,546.48 1 American General $ 679,687.80 2 CIGNA $ 652,674.00 3 HUMANA $ 706,378.68 SunLife $ 719,026.56 Lincoln National Life $ 737,986.68 Standard $ 815,486.87 Number of companies notified: 11 Number of bid documents distributed: 11 . Number of bids received: 9 . (Includes Renewal Quote) ti OJ 07 M nO-L x a, a c .� c Lri Lo ° CL m a E f'. a°i O C d W N Vf N Lc CL E 0 M ° Lu ! 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