HomeMy WebLinkAboutMay 03, 2011 ro,so
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May 3, 2011
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 antl 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, usuaily in the order listed on the agentla.
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 ~or 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 intlividual 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 pubiic and are held on the first and third Tuesdays of each month; the
first Tuestlay at 6:00 P.M. and the third Tuesday 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 tlisability. 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.
May 3, 2011
6:00 P.M. -
BOARD OF COUNTY
COMMISSIONERS
www.co.st-lucie.fl.us
www.stlucieco.orq
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Chris Craft, Chairman District No. 5
Chris Dzadovsky, Vice Chairman District No. 1
Tod Mowery District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
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I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the April 19, 2011 meeting.
IV. PROCLAMATIONSIPRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 11-060 -"National Safe Boating Week°
Consider staff recommendation to adopt Resolution No. 11-060 as drafted.
B. COUNTY ATTORNEY
Resolution No. 11-084 - proclaiming the month of May 2011 as "Stroke Awareness Month" in St.
Lucie County, Florida.
Consider staff recommendation to adopt Resolution No. 11-084 as drafted.
C. COUNTY ATTORNEY
Resolution No.11-086 -"Travel and Tourism Week"
Consider staff recommendation to atlopt Resolution No. 11-086 as drafted.
D. CQUNTY ATTORNEY
Resolution No.11-085 -"National Community Action Month"
Consider staff recommendation to adopt Resolution No. 11-085 as drafted.
E. COUNTY ATTORNEY '
Resolution No.11-087 "Foster Care Month - May 2011"
Consider staff recommendation to adopt Resolution No. 11-087 as drafted.
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 30 and 31.
B. COUNTY ATTORNEY
1. Approval of Budget Resolution No. 11-083 allowing the County to recognize revenue from
interest earned on the Criminal Justice Mental Health and Substance Abuse
Reinvestment Grant.
Consider staff recommendation to approve the Budget Resolution No.11-083 allowing the
County to recognize the interest earned on grant funds in the amount of $8,023.64, and
once approved these funds will be added to the Mentai Health Court expense category.
2. Bear Point Mitigation Bank - Credit Reservation Agreement with City of Port St. Lucie for
Crosstown Parkway Extension
Consider staff recommendation to approve the proposed Bear Point Mitigation Bank
Credik Reservation Agreement with the City of Port St. Lucie, and authorize the Chairman
to sign the agreement.
3. 2011 Economic Development Exemption Application - J.J. Taylor Distributing Florida, Inc.;
Ordinance No.11-019
Consider staff recommendation to accept the report of the Property Appraiser and grant
permission to advertise Ordinance No. 11-019 for a public hearing on June 7, 2011, at
6:00 p.m. or as soon thereafter as the item may be heard.
C. PUBLIC SAFTEY & COMMUNICATIONS
Professional Services Agreement with the Treasure Coast Regional Planning Council for the
development of Phase II, Post-Disaster Redevelopment Plan
Consider staff recommendation to approve of Professional Services Agreement with the Treasure
Coast Regional Planning Council for the development of Phase II, Post-Disaster Retlevelopment
Plan in the amount of $63,497 and authorization for the Chairman to sign documents as approved
by the County Attomey.
D. PLANNING & DEVELOPMENT SERVICES
Bid No. 11-010; Taxiways A& B Rehabilitation Conditional Award
Consider staff recommendation to conditionally award Bid No. 11-010, Rehabilitate Taxiway A& B
Rehabilitation, to the lowest responsible bidder, Ranger Construction, and approve the project
budget pentling receipt of FAA and FDOT grant funds and authorize the Chairman to sign
documents as approved by the County Attomey.
E. TRANSPORTATION PLANNING ORGANIZATION
Resolution No.11-073, Budget Amendment
Consider staff recommendation to approve Resolution No. 11-073 to amend the County budget in
the amount of $72,350 for receipt of the grant funds on behalf of the TPO.
F. PARKS AND RECREATION
Department of Corrections Inmate Labor Contract
Consider staff recommendation to approve the Department of Corrections Inmate Labor contract
as outlined in the agenda memorandum and authorize the Chairman to sign the documents as
approved by the County Attorney.
G. HUMAN RESOURCES
Job Reclassification of the Solid Waste Fiscal Specialist Position
Consider staff recommendation to approve to reclassify the position of Solid Waste Fiscal
Specialist to Scale Operations Coordinator and approve the Scale Operations Coordinator job
description.
VII. PUBLIC HEARINGS
A. COUNTY ATTORNEY
Ordinance No. 11-014 - Surplus Property Ordinance
Consider staff recommendation to approve Ordinance No.11-014.
B. COUNTY ATTORNEY
Ordinance No.11-016 - Art in Public Places
Consider staff recommendation to approve Ordinance No.11-016.
C. PLANNING & DEVELOPMENT REVIEW
Ordinance No. 11-012 - Florida Power & Light (FPL) Company Land Development Code Text
Amendment
Consider staff recommendation to approve to schedule the second required hearing for May 17,
2011 at 9:00 a.m. or soon thereafter as possible for Ordinance No. 11-012 to include
meteorological towers as permitted temporary structures in the AG-5 (Agricultural-5) zoning district.
D. COUNTY ATTORNEY
Ordinance No.11-017 - Pain Management Clinics
This is the first of two public hearings. The second public hearing will take place on May 17, 2011,
at 9:00 a.m. or as soon thereafter as may be heard.
E. COUNTY ATTORNEY
Ordinance No. 11-010 - Creating Chapter 1-15.5 (Pawnbrokers and Secondhand Dealers) to
Establish New Record Keeping and Holding Period Requirements for Pawnbrokers and
Secondhand Dealers
Consider staff recommendation to adopt proposed Ordinance No. 11-010 as drafted.
Y
Vlit. ANNOUNCEMENTS
1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, May 10,
2011 at 10:00 a.m. in Conference Room #3.
2. The Master Gardener Spring into Gardening Festival will be held on Saturday May 14th from 8-2
p.m. As weil as plants for sale from our nursery, there wili also be some local vendors selling their
products too. The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call
772-462-1660 or http://stlucie.ifas.ufl.edu for additional information.
3. As a part of the National Travel & Tourism Week celebration, the Tourist Development Council
(TDC) and the St. Lucie County Hotel & Lodging Association (SLC HLA) will be hosting the
"Tourism Matters" tent from 8am until 12noon at the weekly Downtown Ft. Pierce Farmers Market
on Saturday, May 14, 2011. The booth will feature a"Wheel of Tourism Fortune" where guests can
spin to win a variety of locally donated "staycation" prizes including a 3 day, 2 night stay at the
oceanfront Courtyard Marriott on Hutchinson Island, vouchers to experience Tours on Horseback
at Frederick Douglass beach, passes to the National Navy UDT-SEAL Museum and much more.
All spins are FREE!
4. The update to the Board on the MCZ Mining Permit application and the ongoing Florida
Department of Transportation's Orange Avenue project will be presented in the May 17 Board of
County Commissioners meeting, starting at 9 a.m, in the County Commissioner Chambers, Roger
Poitras Administration Complex, 2300 Virginia Ave., Fort Pierce.
5. The Board of County Commissioners will hold a Special Work Session on Utilities on Tuesday,
May 17, 2011 at 2:00 p.m. in Conference Room #3.
6. County offices will be closed on Monday, May 30, 2011 to observe Memorial Day.
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 disabilily requiring acxommodatlon 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.
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May 3, 2011
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 COMM?SSION 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 uniess 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 agentla.
PUBLIC HEARINGS - These items may be heard on the first and third Tuestlay 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 intlicate that an item will not be addressed prior 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; the
first Tuesday at 6:00 P.M, and the third Tuesday 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.
May 3, 2011
6:00 P.M. ~
BOARD OF COUNTY
' COMMISSIONERS
www.co.st-lucie.fl.us
www.stlucieco.orq
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Chris Craft, Chairman District No. 5
Chris Dzadovsky, Vice Chairman District No.1
Tod Mowery District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
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I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the April 19, 2011 meeting.
IV. PROCLAMATIONSIPRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 11-060 -"National Safe Boating Week"
Consider staff recommendation to adopt Resolution No. 11-060 as drafted.
B. COUNTY ATTORNEY
Resolution No. 11-084 - proclaiming the month of May 2011 as "Stroke Awareness Month" in St.
~ Lucie County, Florida.
Consider staff recommendation to adopt Resolution No. 11-084 as drafted.
C. COUNTY ATTORNEY
Resolution No. 11-086 -"Travel and Tourism Week"
Consider staff recommendation to adopt Resolution No. 11-086 as drafted.
D. COUNTY ATTORNEY
Resolution No. 11-085 -"National Community Action Month"
Consider staff recommendation to adopt Resolution No. 11-085 as draftetl.
E. COUNTY ATTORNEY
Resolution No. 11-087 "Foster Care Month - May 2010"
Consider staff recommendation to adopt Resolution No. 11-087 as drafted.
V. GENERAL PUBLIC COMMENT
iY
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 30 and 31.
B. COUNTY ATTORNEY
1. Approval of Budget Resolution No. 11-083 allowing the County to recognize revenue from
interest earned on the Criminai Justice Mental Health and Substance Abuse
Reinvestment Grant.
Consider staff recommendation to approve the Budget Resolution No. 11-083 aliowing the
County to recognize the interest earned on grant funds in the amount of $8,023.64, and
once approved these funds will be added to the Mental Health Court expense category.
2. Bear Point Mitigation Bank - Credit Reservation Agreement with City of Port St. Lucie for
Crosstown Parkway Extension
Consider staff recommendation to approve the proposed Bear Point Mitigation Bank
Credit Reservation Agreement with the City of Port St. Lucie, and authorize the Chairman
to sign the agreement.
3. 2011 Economic Development Exemption Application - J.J. Taylor Distributing Florida, Inc.;
Ordinance No. 11-019
Consider staff recommendation to accept the report of the Property Appraiser and grant
permission to advertise Ordinance No. 11-019 for a public hearing on June 7, 2011, at
6:00 p.m. or as soon thereafter as the item may be heard.
C. PUBLIC SAFTEY & COMMUNICATIONS
Professional Services Agreement with the Treasure Coast Regional Planning Council for the
development of Phase II, Post-Disaster Redevelopment Plan
Consider staff recommendation to approve of. Professional Services Agreement with the Treasure
Coast Regional Planning Council for the development of Phase II, Post-Disaster Redevelopment
Plan in the amount of $63,497 and authorization for the Chairman to sign documents as approved
by the County Attomey.
D. PLANNING & DEVELOPMENT SERVICES
Bid No. 11-010; Taxiways A& B Rehabilitation Conditional Award
Consider staff recommendation to conditionally award Bid No. 11-010, Rehabilitate Taxiway A& B
Rehabilitation, to the lowest responsible bidder, Ranger Construction, and approve the project
budget pending receipt of FAA and FDOT grant funds and authorize the Chairman to sign
documents as approvetl by the County Attomey.
E. TRANSPORTATION PLANNING ORGANIZATION
Resolution No.11-073, BudgetAmendment
Consider staff recommendation to approve Resolution No. 11-073 to amend the County budget in
the amount of $72,350 for receipt of the grant funds on behalf of the TPO.
F. PARKS AND RECREATION
~
Department of Corrections Inmate Labor Contract
Consider staff recommendation to approve the Department of Corrections Inmate Labor contract
as outlined in the agenda memorandum antl authorize the Chairman to sign the documents as
approved by the County Attomey.
G. HUMAN RESOURCES
Job Reclassification of the Solid Waste Fiscal Specialist Position
Consider staff recommendation to approve to reclassify the position of Solid Waste Fiscal
Specialist to Scale Operations Coordinator and approve the Scale Operations Coordinator job
description.
VII. PUBLIC HEARINGS
A. COUNTY ATTORNEY
Ordinance No. 11-014 - Surplus Property Ordinance
Consider staff recommendation to approve Ordinance No.11-014.
B. COUNTY ATTORNEY
Ordinance No. 11-016 - Art in Public Places
Consider staff recommendation to approve Ordinance No.11-016.
C. PLANNING & DEVELOPMENT REVIEW
Ordinance No. 11-012 - Florida Power & Light (FPL) Company Land Development Code Text
Amendment
Consider staff recommendation to approve to schedule the second required hearing for May 17,
2011 at 9:00 a.m. or soon thereafter as possible for Ordinance No: 11-012 to include
meteorological towers as permitted temporary structures in the AG-5 (Agricultural-5) zoning district.
D. COUNTY ATTORNEY
Ordinance No.11-017 - Pain Management Clinics
This is the first of two public hearings. The second public hearing will take place on May 17, 2011,
at 9:00 a.m. or as soon thereafter as may be heard.
E. COUNTY ATTORNEY
Ordinance No. 11-010 - Creating Chapter 1-15.5 (Pawnbrokers and Secondhand Dealers) to
Establish New Record Keeping and Holding Period Requirements for Pawnbrokers and
Secondhand Dealers
Consider staff recommendation to adopt proposed Ordinance No. 11-010 as drafted.
,
Vlil. ANNOUNCEMENTS
1. The Board of County Commissioners will hold an Informai Monthly Meeting on Tuesday, May 10,
2011 at 10:00 a.m. in Conference Room #3.
2. The Master Gardener Spring into Gardening Festival will be held on Saturday May 14th from 8-2
p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their
products too. The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call
772-462-1660 or http://stlucie.ifas.ufl.edu for additional information.
3. As a part of the National Travel & Tourism Week celebration, the Tourist Development Council
(TDC) and the St. Lucie County Hotel & Lodging Association (SLC HLA) will be hosting the
"Tourism Matters" tent from 8am until 12noon at the weekly Downtown Ft. Pierce Farmers Market
on Saturday, May 14, 2011. The booth will feature a"Wheel of Tourism Fortune" where guests can
spin to win a variety of locally donated "staycation" prizes including a 3 day, 2 night stay at the
oceanfront Courtyard Marriott on Hutchinson Island, vouchers to experience Tours on Horseback
at Frederick Douglass beach, passes to the National Navy UDT-SEAL Museum and much more.
All spins are FREE!
4. The Board of County Commissioners will hold a Special Work Session on Utilities on Tuesday,
May 17, 2011 at 2:00 p.m. in Conference Room #3.
5. County offices will be closed on Monday, May 30, 2011 to observe Memorial Day.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action faken 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 parly 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
REGULAR MEETING
Date: April 19, 2011 Convened: 9:00 a.m.
Adjourned:10:20 a.m.
Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod
. Mowery
Others Present: Lee Ann Lowery, Assistant County Administrator, Dan Mclntyre, County Attorney, Debra
Brisson, Parks and Rec. Director, Mark Satterlee, Planning/Services Director, Marie Gouin, OMB Director,
Lauri Waldie, Utilities Director, Beth Ryder, Community Services Director, Jim David, Mosquito Control
Director, Don West, Public Works Director, Sheriff, Ken Mascara, Millie Delgado-Feliciano, Deputy Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the April 5, 2011 meeting.
Approve the minutes from the April 12, 2011 special r~eeting.
It was moved by Com. Mowery, seconded by Com. Hutchinson, to approve the minutes of the meetings held
on April 5, 2011 and April 12, 2011, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No.11-058 -°Mental Health Awareness Month"
Consider staff recommendation to adopt Resolution No.11-058 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 11-058,
and; upon roll call, motion carried unanimously.
Mr. John Romano, CEO New Horizons was present to accept the proclamation.
B. COUNTY ATTORNEY
Resolution No. 11-072 - Declaring April 19, 2011 as "PatrioYs Day"
Consider staff recommendation to adopt Resolution No.11-072 as drafted.
It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 11-072,
and; upon roll call, motion carried unanimously.
No one was present to accept the proclamation. It will be mailed.
C. COUNTY ATTORNEY
Resolution No.11-078 - National Landscape Architecture Month
Consider staff recommendation to adopt Resolution No. 11-078 as drafted.
It was moved by Com. Mowery, seconded by Com. Dzadovsky, to approve Resolution No. 11-078,
and; upon roll call, motion carried unanimously.
Mr. Gregg Boggs, Landscape Architect, was present to accept the proclamation.
D. COUNTY ATTORNEY
1
.
Resolution No.11-079 -°St. Lucie County Correction Officer's Week° in St. Lucie County
Consider staff recommendation to adopt Resolution No.11-079 as drafted.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 11-079,
and; upon roll call, motion carried unanimously.
Sheriff Ken Mascara was present to accept the proclamation.
E. COUNTY ATTORNEY
Resolution No. 11-080 -"Law Enforcement Week" and "Law Enforcement Memorial Day" in St.
Lucie County, Florida
Consider staff recommendation to adopt Resolution No.11-080 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Resolution No.11-080,
and; upon roll call, motion carried unanimously.
Sheriff Ken Mascara was present to accept the proclamation.
V. GENERAL PUBLIC COMMENT
Mr. Joseph Patroni, Port St. Lucie resident, addressed the Board regarding PNRD 09-023 previously
approved by the Board. He indicated he does not understand how this could have been approved and
believes there should have been a"straw vote" on the item by the residents. He stated he believes the
PNRD is out of place in its present location.
Mr. Marty Lavin, area resident addressed Resolution No. 11-078 proclaiming National Landscape
Architecture Month and stated he believes all the Commissioners have been involved in St. Lucie County's
green initiatives; however he expressed concern with what he felt the municipalities were going in their own
direction. He encouraged an analysis of assets be so that shared savings could be accrued between all
entities.
Com. Dzadovsky advised those present that GE has been discussing and encouraging energy savings with
the various entities. He also addressed the local preference ordinance and asked that with any projects they
have going they continue to look at the ordinance. He would like a report from staff as to how the local
preference ordinance is working and the jobs it has created as well as any di~culties they have
encountered. He requested the Board direct staff to go back and look at the local preference ordinance and
make sure we are doing what we said we would.
The County Attorney advised the Board they would schedule this discussion for a moming meeting as
requested by the Chairman.
VI. CONSENT AGENDA
Com. Dzadovsky requested discussion on items C6-B-7; 6-E and G-1.
It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve the Consent Agenda, and; upon
roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No. 28 and 29.
The Board approved Warrant List No. 28 and 29.
B. COUNTY ATTORNEY
1. Amendment II to the Grant Award Agreement - North Fork of the St. Lucie River - Phase
Three - Florida Communities Trust - FCT Project 02-071-FF2 - Fromberg - Parcel ID
3403-502-0235-000-3 - Taylor - Parcel ID 3416-112-0007-000-9
2
The Board approved Amendment II to the Grant Award Agreement, authorize the
Chairman to execute the Amendment, transmit to Florida Communities Trust and record
the Amendment in the Public Records of St. Lucie County, Florida.
2. First Amendment to Agreement with Sisca Construction Service, LLC
The Board approved the First Amendment to the Agreement with Sisca Construction
Services, LLC
3. Assignment of PBS&J Contracts to Atkins North America, Inc.
The Board approved the assignment of PBS&J contracts to Atkins North America, Inc. as
of April 1, 2011
4. Creation of new full time position (Lab Specialist) for the St. Lucie County Drug Screening
Lab
The Board approved the new full time Lab Technician position.
Discussion: Com. Mowery inquired the reason for adding the new position.
The Criminal Justice Coordinator advised the Board this position would be funded in the
new budget year by user fees. The lab has been overwhelmed with the fact that other
agencies and businesses are utilizing the lab for drug testing.
5. Fort Pierce FBO, L.L.C. - Sublease Agreement with Chip's Custom Painting, Inc.
The Board approved consenting to the proposed sublease agreement between Fort
Pierce, FBO, L.L.C., and Chip's Custom Painting, Inc.
6. Request to have the Board amend and approve a Contractual Rate Agreement
(Amendment No. 0008) with United for Families, Inc (UFF) for drug screening senrices.
The Board approved the Amended Contractual Rate Agreement with United for Families,
Inc., and authorized the Chairman to sign the Amended Contractual Rate Agreement.
7. St. Lucie County v. Florida Gaming Centers, Inc. - Permission to File Suit
The Board granted permission to sue Florida Gaming Center, Inc.
Discussion: Com. Dzadovsky requested Legal Counsel's opinion as to whether the
county could pull the gaming approval based on the fact the Gaming Center has failed to
provide the annual funds as per the contract.
The County Attorney advised the Board the Center is now part of the City of Ft. Pierce
since its annexation. The law reads that the jurisdiction is the only one who has the
authority to file any action. He indicated he will contact the state and the city and also to
the owner advising him of the Board's action today.
8. Geoplasma - St. Lucie, LLC - Permit Funding Agreement for Plasma Gasification Facility
The Board approved the Permit Funding Agreement for Plasma Gasification Facility and
authorized the Chairman to sign the Agreement.
Com. Craft advised the Board that the Geo Plasma personnel have been in town and
things are moving in the right direction.
9. State of Florida Department of Health - Amended 2010/11 Contract
The Board approved the proposed amendments to the 2010/2Q11 State of Florida
Department of Health Contract, and authorized the Chairman to sign the document.
B. COUNTY ATTORNEY CONTINUED
10. Request to have the Board approves the reclassification of a current position as Pretrial
Officer to Drug Lab Manager effective October 1, 2011.
3
The Board approved the fund and title reclassification of the Drug Lab Manager.
11. Request the Board approve to amend and approve Contractual Rate Agreement
(Amendment No. 0009) with United for Families, Inc (UFF) for drug screening services.
The Board approved the Amended Contractual Rate Agreement with United for Families,
Inc., and authorized the Chairman to sign the Amended Contractual Rate Agreement.
C. PLANNING & DEVELOPMENT SERVICES
Resolution No. 11-056 - Horseback Riding Regulations
The Board adopted Resolution No.11-056 as drafted.
D. HUMAN RESOURCES
1. Prison Health Services Inmate HIV Medications Invoice for January, 2011
The Board authorized payment of Prison Health Services invoice number PHS0009064
for HIV medications for the FY-2011 period of January 01, 2011 through January 31,
2011, in the amount of $34,623.59.
2. Prison Health Services Inmate HIV Medications Invoice for February, 2011
The Board authorized payment of Prison Health Services invoice number PHS0009065
for HIV medications for the FY-2011 period of February 01, 2011 through February 28,
2011, in the amount of $33,506.61.
E. PUBLIC WORKS
Brown Ranch Class II Mining Permit
The Board approved to close Brown Ranch Class II Mining Permit and terminate the Escrow
Agreements.
Discussion: Com. Dzadovsky questioned if there was any information as to any costs to the county
associated with the project such as the repair of roads, the maintenance of the roads due to the
heavy and constant traffic of the trucks for the mining company.
The County Engineer advised the Board that this miner has exceeded the minimum requirements
and provided a history of the project. He indicated the private road was maintained by the area
residents and the other roads are state roads.
F. HOUSING & COMMUNITY SERVICES
Community Services Division:
1. Trip and Equipment ~rant
The Board approved the acceptance of the FY12 Trip and Equipment grant allocation,
approved R esolution 11-070, approved Budg et Resolution 11-071 and authorized the
Chairman to sign documents as approved by the County Attorney.
F. HOUSING & COMMUNITY SERVICES CONTINUED
2. Community Services Block Grant Resolution
The Board approved Resolution 11-082 in support of continuing funding of the national
allocation of Community Services Block Grant and authorized the Chairman to sign
documents as approved by the County Attomey.
3. Award of Neighborhood Stabilization Program (NSP) Bids
The Board approved the bid awards to construct two new homes under the St. Lucie
County NSP Grant and authorized the Chairman to sign documents as approved by the
County Attorney.
4
,
~ G. OFFICE OF MANAGEMENT & BUDGET
1. Bid No.11-009, Roof Replacement for the St. Lucie County Administration Building
The Board approved to award Bid No. 11-009, Roof Replacement for the St. Lucie County
Administration Building, to the lowest responsive and responsible bidder, J.A. Taylor
Roofing of Fort Pierce, in the amount of $231,200 and authorized the Chairman to sign
documents as approved by the County Attomey.
Discussion: Com. Dzadovsky asked if there had been any discussion with any
performance contractors to see if the roof could sustain solar piping which could save the
county money in utility costs.
Com. Craft indicated there may be another opportunity to achieve the savings and they are
presently working with the college to set up a system and possibly receive a grant for the
project. If they hire contractors for PVC installation, they will not see any savings for many
years.
Com. Dzadovsky stated he hoped they would continue to look for wary to reduce costs and
thanked Com. Craft for his efforts.
Com. Mowery inquired if this was a budgeted item.
The Parks and Recreation Director advised the Board there had been a program in place
for several years for roof replacements on county buildings. This item is a budgeted
expense.
2. Bid No.11-012, Purchase of Sign Post, Sign Hardware and Sign Blanks
The Board approved to award Bid No. 11-012, a pricing contract for purchase of sign post,
sign hardware and sign blanks, to the overall lowest responsive and responsible bidder,
Universal Signs and Accessories of Fort Pierce, and authorized the Chairman to sign
documents as approved by the County Attomey.
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 various departments of St. Lucie County Board
of County Commissioners.
H. SHERIFF'S OFFICE
Authorization to submit an electronic application for the 2011 Support for Adam Walsh Act
Implementation Grant Program
The Board retroactively approved the St. Lucie County Sheriff's Office submission of the electronic
application of the 2011 Support for the Adam Walsh Act Implementation Grant Program offered by
the U. S. Department of Justice/Office of Justice Programs/Office of Sex Offender Sentencing,
Monitoring, Apprehending, Registering and Tracking (SMART) in the amount of $194,202.00.
VII. PUBLIC HEARINGS
A. PLANNING & DEVELOPMENT REVIEW
Ordinance No. 11-015 - DGC Environmental Services, Inc. Text Amendment to the IL (Industrial,
Light) Zoning District
Consider staff recommendation to adopt Ordinance No. 11-015 granting approval to the request of
DGC Environmental Services, Inc.
Com. Dzadovsky addressed the difference between permitted use and conditional use.
Com. Mowery listed the permitted uses under the industrial light zoning.
Com. Craft stated he believed they had identified where industrial uses should be and felt this was
the right thing to do.
5
Com. Dzadovsky indicated that conditional use gives the public a view of what they are approving
and should be able to review it when changing from a conditional use. He advised the Board he
would not be supporting this item.
Com. Lewis stated she would support this item due to the fact there are 3 pages of permitted uses
and there is nothing different than what is already noted.
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation,
and; upon roll call the vote was as follows: Nay: Com. Dzadovsky; Aye's: Lewis, Hutchinson,
Mowery, Craft; motion carried by a vote of 4 to 1.
VIII. ANNOUNCEMENTS
1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, May 10,
2011 at 10a.m. in Conference Room #3.
2. The Master Gardener Spring into Gardening Festival will be held on Saturday May 14th from 8-2
p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their
products too. The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call
772-462-1660 or http://stlucie.ifas.ufl.edu for additional information.
The Board of County Commissioners will hold a special meeting on utilities on Tuesday, May 17~,
2011 at 2:00 p.m. in Conference Room 3.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
6
r
AGENDA REQUEST ITEM NO. IV-A
w`~~~~, ~ t DATE: May 3, 2011
, REGULAR [x ]
. . ~
.~.~~,~~,n~~~ ~ 6~~~
PUBLIC HEARING [ )
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. Mclntyre
County Attorney
SUBJECT: Resolution No. 11-060 -"National Safe Boating Week"
BACKGROUND: Joseph Walsh, Master Chief Petty Officer/Retired, has requested
that this Board proclaim the week of May 21, 2011 through May 27,
2011 as "National Safe Boating Week" in St. Lucie County Florida.
The attached Resolution No. 11-060 has been drafted for that
purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No. 11-060 as drafted.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
X Count Attorne :
Ll Y Y
Daniel S. Mclntyre
;
RESOLUTION NO. 11-060
A RESOLUTION PROCLAIMING MAY 21, 2011
THROUGH MAY 27, 2011 AS "NATIONAL SAFE
BOATING WEEK" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Water related recreational activities are vital elements in the lives of Florida's
citizens, and the State's 8,426 miles of saltwater tidal coastline, over 3 million acres of inland lakes
and 1,700 miles of rivers and streams provide for many of the needed outlets for recreation and
relaxation.
- _ - - - -
2. Recreational-boating-is fun and-enjoyable
and-Floridians are-fortanat~-to-have---------
sufficient resources to accommodate the wide variety of pleasure boating demands.
3. Our waterways can become crowded at times and be a place of chaos and
confusion. While being a rriarvelous source of recreation, boating, to the unpre~ared, can be a
risky sport.
4. On average, 700 people die each year in boating-related accidents in the United
States and nearly 70% of these are fatalities caused by drowning. The vast majority of these
accidents are caused by human error or poor judgment and not by the boat, equipment, or
environmental factors.
5. A significant number of boaters who Iose their lives by drowning each year would
be alive today had they worn their life jackets. It is a simple task that has the potential to reduce
terrible loss in lives. Modern life jackets are more comfortable, more attractive and more
wearable than styles of years past and deserve a fresh look by today's boating public.
6. Knowledge and skills are important in reducing human error and improving
judgment. If people are aware of the risk, they are likely to take the precautionary measures to
protect themselves, their friends, and family.
7. We must continue to spread the messages of boating safety not only during
National Boat Safety Boating Week, but also throughout the entire year.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board supports the goals of the North American Safe Boating Campaign and
does hereby proclaim May 21, 2011 through May 27, 2011 as "NATIONAL SAFE BOATING WEEK"
in St. Lucie County, Florida.
J
2. This Board urgesthe citizens ofSt. Lucie Countywho boatto "Wear It." and practice
safe boating habits.
PASSED AND DULY ADOPTED this day of May 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
- _ _ - _ _
-
CORRECTNESS:
~O'u~IVT`~ Oy`~FOiP.O!!EY
r
AGENDA REQUEST ITEM NO. IV-B
e ~ DATE: May 3, 2011
; ~ ~ ~ ~ ~ t~~
REGULAR [x ]
a ~ ~ • ~
PUBUC HEARING [ ]
CONSENT [ j
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. Mclntyre
County Attorney
SUBJECT: Resolution No.11-084 - proclaiming the month of May 2011 as "STROKE
AWARENESS MONTH" in St. Lucie County, Florida.
BACKGROUND: Mike Claus, Media Specialist with SLCTV, has requested that this
Board proclaim the month of May 2011 as "STROKE AWARENESS
MONTH" in St. Lucie County, Florida. The attached Resolution No.
11-084 has been drafted for that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No.
11-084 as drafted.
COMMISSION ACTION: CONCURRENCE:
( ] APPROVED [ ] DENIED
[ ] OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
X Count Attorne : °
~l Y Y
Daniel S. Mclntyre
~
RESOLUTION NO. 11-084
A RESOLUTION PROCLAIMING THE MONTH OF MAY
2011 AS "STROKE AWARENESS MONTH" IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following
determinations:
1. Stroke is an emergency and a brain attack, cutting off vital blood flow and oxygen to the
brain.
2. In the United States, stroke is a leading cause of death, killing over 133,000 people each
year, and a leading cause of serious, long-term adult disability.
3. Ischemic stroke occurs when arteries are blocked by blood clots or by the gradual build-up
of plaque and other fatty deposits. About 87 percent of all strokes are Ischemic.
Hemorrhagic stroke occurs when a blood vessel in the brain breaks, leaking blood into the
brain. Hemorrhagic strokes account for thirfeen percent of all strokes, yet are responsible
for more than thirty percent of all stroke deaths.
4. There are an estimated 7,000,000 stroke survivors in the U.S. over age 20.
5. Approximately 795,000 strokes will occur this year, one occurring every 40 seconds, and
taking a life approximately every four minutes.
6. Stroke can happen to anyone at any time, regardless of race, sex or age.
7. From 1997 to 2007, the annual stroke death rate fell approximately 34 percent, and the
actual number of deaths fell by 18 percent.
8. Approximately 55,000 more women than men have a stroke each year.
9. African Americans have almost twice the risk of first-ever stroke compared with whites.
10. Two million brain cells die every minute during stroke, increasing risk of permanent brain
damage, disability or death. Recognizing symptoms and acting FAST to get medical
attention can save a life and limit disabilities.
11. The prevalence of transient Ischemic Attacks (TIA- "mini strokes") increases with age. Up
to 40 percent of all people who suffer a TIA will go on to experience a stroke.
12. The estimated direct and indirect cost of stroke in the United States in 2010 is $73.7 billion.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
1. This Board does hereby proclaim the rnonth of May 2011, as "STROKE AWARENESS
MONTH" in St. Lucie County, Florida.
2. This Board does hereby encourage all residents and visitors in St. Lucie County to find ways
to improve personal health and weliness.
PASSED AND DULY ADOPTED this 3rd day of May 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
~
AGENDA REQUEST ITEM NO. IV-C
~ ~ ~ DATE: Ma 3, 2011 ~
}~p~ , i ~~~n"LU t`~~~.~ ~s@G'~"~~~~tC ~
t "~'Y l~' E~
~ REGULAR [x ]
~ ~ A
~ 5' - . ~ PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniei S. Mclntyre
County Attorney
SUBJECT: Resolution No. 11-086 -"Travel and Tourism Week"
BACKGROUND: It has been requested thatthis Board proclaim May 7, 2010through
May 15, 2011 as "Travel and Tourism Week" in St. Lucie County,
Florida. The attached Resolution No. 11-086 has been drafted for
that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No. 11-086 as drafted.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
(X] County Attorney:
Danie) S. Mclntyre
~
RESOLUTION NO. 11-086
A RESOLUTION PROCLAIMING MAY 7, 2011
THROUGH MAY15,2011AS"TRAVELANDTOURISM
WEEK" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Travel to and within the United States provides significant economic benefits for
the nation, including direct expenditures by domestic and international travelers totaling $783
billion.
2. The travel industry ranks as the 5th largest employer in the United States and among
the top 10 industries in 48 states and the District of Columbia when measured by employment.
3. The travel industry supports the interests of St. Lucie County, contributing to our
employment, economic prosperity, international trade and relations, peace, understanding and
goodwilL
4. Travel contributes to personal growth, health, professional advancement,
education, cultural understanding and the enhancement of America's image around the world.
5. The U.S. Congress passed and the President signed into law, the Travel Promotion
Act, creating a new, nationally coordinated communications and promotion program to attract
millions of new international visitors and create thousands of new U.S. jobs. The Travel Promotion
Act will help reverse a decade of decline in overseas travel to the United States.
6. Meetings, events and incentive travel are core business functions that help
companiesto strengthen business relationships, align and educate employees and customers, and
reward business performance.
7. Travel can serve as a catalyst to help move the national and local economy forward.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby proclaim May 7, 2011 through May 15, 2011 as "TRAVEL
AND TOURISM WEEK" in St. Lucie County, Florida.
2. This Board urges the citizens of St. Lucie County to join in this special observance
with appropriate events, commemorations and festivals.
PASSED AND DULY ADOPTED this 3rd day of May 2011.
~
v,
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
r
AGENDA REQUEST ITEM NO. IV-D
~ DATE: May 3, 2011
~a~~ r~ ~k~. t un e
~i,
5~ ~i~i +~n.Y . ~ ~s
r,.
~ REGULAR [x ]
• R "
u~
.....~-.srx..~au.vv~r „ac~xn_:a,=.m~.. z
~~"~a¢~~ PUBLIC HEARING I ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. Mclntyre
County Attorney
SUBJECT: Resolution No. 11-085 -"Nationa) Community Action Month"
BACKGROUND: It has been requested that this Board proclaim the month of May
2011 as "National Community Action Month" in St. Lucie County,
Florida. The attached Resolution No. 11-085 has been drafted for
that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No. 11-085 as drafted.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ J OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X) County Attorney: ~
Daniel S. Mclntyre
RESOLUTION NO. 11-085
A RESOLUTION PROCLAIMING THE MONTH OF MAY
2011AS "NATIONALCOMMUNITYACTION MONTH"
IN ST. LUGE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Community Action Agencies were created when the Economic Opportunity Act of
1964 was signed into law.
2. CommunityAction Agencies have a 47 year historyof promotingself-sufficiencyfor
those with limited income.
3. CommunityAction Agencies have made an essential contribution to individuals and
families in Florida by providing them with innovative and cost-effective programs.
4. Community Action Agencies are needed as major participants in the reform of the
welfare system as we know it.
5. Welfare reform in Florida has benefitted from the state's partnership with
community action agencies.
6. Those with limited income continue to need opportunities to improve their lives
and their living conditions, thus ensuring that all citizens are able to live in dignity.
7. Florida and the entire United States must continue to wage war on poverty by
providing support and opportunities for all citizens in need of assistance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby proclaim the month of May 2011 as "NATIONAL
COMMUNITY ACTION MONTH" in St. Lucie County, Florida in recognition of the hard work and
dedication of St. Lucie County's Community Action agencies.
2. This Board urges the citizens of St. Lucie County to join in this specia) observance.
PASSED AND DULY ADOPTED this 3rd day of May 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
AGENDA REQUEST ITEM NO. IV-E
~~~~a DATE• Ma 3 2011
2~+i'~''~ ~~,~.~m~a~ t°' Y;~U4 ' Y l
f ~F ~a I~'~ ~ ~ ~ 4~~~~~~
~ REGULAR [x ]
~ . +
~~r PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMIITED BY(DEPT): County Attorney Daniel S. Mclntyre
County Attorney
SUBJECT: Resolution No. 11-087 -"FOSTER CARE MONTH - MAY~2011"
BACKGROUND: Janet Steward, Foster Care Recruiter, with Hibiscus Children's
Center, has requested that this Board proclaim the month of May
2011 as "FOSTER CARE MONTH " in St. Lucie County, Florida. The
attached Resolution No.11-087 has been drafted forthat purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No: 11-087 as drafted.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
• Faye W. Ouflaw, MPA
County Administrator
Review and Approvals
(Xj County Attorney: l~
Daniel S. Mclntyre
Resolution 11-087
A RESOLUTION PROCLAIMING THE MONTH OF
MAY 2011 AS "FOSTER CARE MONTH" IN
ST. WCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following
determinations:
1. The family, serving as the primary source of love, identity, self-esteem and support is the
foundation of our community and our state.
2. In St. Lucie County, there are many children and youth in foster care being provided with
a safe, secure and stable home along with the compassion and nurture of a foster family.
3. All young people in foster care need a meaningful connection to a caring adult who
becomes a supportive and lasting presence in their lives.
4: ~ Foster, kinship and adoptive families, who open their homes and hearts and support
children whose families are in crisis, play a vital role in helping children and families heal and reconnect,
thereby launching young people into successful adulthood.
5. Dedicated foster families frequently adopt foster children, resulting in a greater need for
more foster families.
6. There are numerous individuals, public and private organizations who work to increase
public awareness of the needs of children in and leaving foster care, as well as the enduring and valuable
contribution of foster parents. The foster care "system" is only as good as those who choose to be a part
of it.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
1. This Board does hereby proclaim the month of May 2011, as "FOSTER CARE MONTH" in
St. Lucie County, Florida.
2. This Board urges all citizens to come forward and do something positive that will help
change a lifetime for children and youth in foster care,
PASSED AND DULY ADOPTED this 3rd day of May, 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
AGENDA REQUEST ITEM NO. IV-E
~°~~~~~~~~~~~~~~°~~s~~ DATE• May 3, 2011
~ ' ~ t}~~'~~?~~~sr~~~,~, ~ •
REGULAR [x ]
~ ~ ~ ~
PUBUC HEARING I I
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY~DEPT): County Attorney Daniei S. Mclntyre
County Attorney
SUBJECT: Resolution No. 11-087 -"FOSTER CARE MONTH - MAY 2010"
BACKGROUND: Janet Steward, Foster Care Recruiter, with Hibiscus Children's
Center, has requested that this Board proclaim the month of May
2011 as "FOSTER CARE~MONTH" in St. Lucie County, Florida. The
attached Resolution No.11-087 has been drafted forthat purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No: 11-087 as drafted.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney:
Daniel S. Mclntyre
Resolution 11-087
A RESOLUTION PROCLAIMING THE MONTH OF MAY
2011 AS "FOSTER CARE MONTH" IN ST. LUCIE COUNTY,
FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following
determinations:
1. The family, serving as the primary source of love, identity, self-esteem and support is the
foundation of our community and our state.
2. In St. Lucie County, there are many children and youth in foster care being provided with
a safe, secure and stable home along with the compassion and nurture of a foster family.
3. All young people in foster care need a meaningful connection to a caring adult who
becomes a supportive and lasting presence in their lives.
4. Foster, kinship and adoptive families, who open their homes and hearts and support
children whose families are in crisis, play a vital role in helping children and families heal and reconnect,
thereby launching young people into successful adulthood.
5. Dedicated foster families frequently adopt foster children, resulting in a greater need for
more foster families.
6. There are numerous individuals, public and private organizations •who work to increase
public awareness of the needs of children in and leaving foster care, as well as the enduring and valuable
contribution of foster parents. The foster care "system" is only as good as those who choose to be a part
of it.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
1. This Board does hereby proclaim the month of May 2011, as "FOSTER CARE MONTH" in
St. Lucie County, Florida.
2. This Board urges all citizens to come forward and do something positive that will help
change a lifetime for children and youth in foster care.
PASSED AND DULY ADOPTED this 3rd day of May, 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATfORNEY
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~4/21/lI 5T. LUCIE C4UNTX BOARD PAGE 1
FZABWARR WARRANT I,IST ~k30- 16-APR-2011 TO 2~-APR-2011
FUND SUMMARY
FLIND TITLE EXPENSES PAYROLL
001 General Fund 9Q,487.63 30,054.60
OQ1009 Gen-bne Time Funding 1b8,4~1.5Q 0.00
001113 CDBG Supp Disaster Recavexy Subgran 1,000.00 0.00
001194 U.S. Dept of Housing & Community 5,415.10 0.00
001512 Neighborhood Stabilization Program 3,504.67 0.00
OD1517 HUD Shelter Plus Care 9,866.00 0.00
001518 Section 112/MPO/FHWA/Planning 608.54 O.OD
001529 GSBG FY 2011 2,200.8D 0.00
001531 US DHHS Eaxned Income Tax Cr 10/11 6,537.00 0.00
101 Transportation Trust Fund 22_53 0.00
101002 Transportation Trust/80% Constitut 24,925.33 0.00
101003 Transportation Trust/Local Qption 8,925.12 0.00
101004 Transportation Trust/County Fuel Tx 13,910.24 0.00
102 Unincorporated Services Fund 1,544.97 Q.00
102001 Drainage Maintenance MSTU 42,087.70 0.00
1028I.2 Paradise Park Starmwater Ph 3 I,147.50 0.00
IQ7 Fine & Forteiture Fund 85,311.44 O.OQ
1070Q1 Fine & Forfeiture Fund-Wireless Sur 814.41 0.00
107003 Fzne & Forteiture Fund-800 Mhz aper 3,733.42 0.00
1Q7005 F&F Fund-Legal Aid 8,888.59 0.00
107006 F&F Fund-Court Related Technology 12,353.74 0.00
107206 FDCF Criminal Justice, Mental Healt 17,650.64 0.00
129801 FIND 5tam Blum Restrooms Phase II 12,000.00 0.00
130102 FTA 5307-ARRA 20D9 Capital Projects 660.48 0.00
7.40 Airport Fund 6,353.14 0.00
14000]. Port Fund 148.BQ 0.00
140358 FDOT Update Master Drainage Plan 577.OQ 0.00
I62 Tourism Dev-5th Cent 7,632.08 Q.00
183 Ct Administrator-19th ~udicial Cir 1,058.27 0.00
183d01 Ct Administrator-Arbitration/Mediat 140.00 0.00
183D04 Ct Admin.- Teen Court 1,398.47 0.00
183006 Guardian Ad Litem Fund 204.25 0.00
190 Sports Complex Fund 3,947.76 0.00
216 County Capital I&S 1,202.00 0.00
310001 Impact Fees-Library 363.04 0.00
310005 Impact Fees-Law Enforcement 3,607_50 0.00
316 County Capital 5,427.65 O.DO
316001 5th Cent Fuel-Capital 171,895.9B 0.00
362300 FDOT Airport Terminal Renovations 2,090.30 0.00
401 Sanitary Landfill Fund 65,001.25 0.00
416 Golf Course Fund 37,643.79 0.00
451 S. Hutchinson Utilities Fund 228.14 0.00
471 No County Utility District-Opezatin 12,451.19 0.00
491 Building Code Fund 554.54 0.00
505 Health Insurance Fund 4,391.56 1,633.70
505001 Property/Casualty Insurance Fund 6,990.00 0.00
611 Tourist Developinent Trust-Adv Fund 248.85 0.00
665 SLC Art in Publ.ic Places Trust Fund 13,209.50 0.00
.
04/21/11 ST. LUCIE COUNTY - BOARD I'AGE 2
FZA.BWARR WARRANT LIST #30- 16-APR-2011 TO 21-APR-2011
FUND SUMMARY
FUND TITLE EXPENSE5 PAYRQLL
801 Bank Fund 48,859.96 0.00
GRAND TOTAL: 917,620.57 31,688.30
. . . .
04/29/l.I ST. LUCIE COUIVTY - BOARD PAGE 1
FZABWARR WARRANT LIST #31- 22-APR-2011 TO 29-APIt-2~11
FUND SLTMMARY
FtJNp TITLE EXPENSES PAYR~LL
001 Genera]. Fund 342,127.55 456,230.27
oa~lis CDBG Supp Disaster Recovery Subgran 7.34 0.00
001444 FCTD-Planning Grant FY10-11 ~44.89 514.47
OOI495 Emer. Mgmt Prep. (EMPA) FY11 2,129.25 0.00
001509 US Dept of Housing CDBG 09 7.,013.28 0.00
001512 Neighborhood 5tabilization Program 3,585.47 2,464.91
OQ1516 Homeland 5ecurity--Issue 10 209.95 O.OQ
001538 Section 112/MPO/FHWA/Planning 17,243.57 8,024.91
0015I9 CDBG FY 2008 Disaster Recovery 84,722.59 1,896.50
001523 Emer Mgmt Prep & Assis FY11 {EMPG) 574.42 0.00
001529 CSBG FY 2011 147.76 I,531.45
001531 US DHHS Eazned Income Tax Cr 10/11 2,636.92 0.00
001534 Metropolitan Planna.ng/Section 5303 103.6B 1,355.47
001535 FI, Enexgy & CJ.imate Camm 20, 125. OQ 0_ 00
101 Transportation Trust Fund 3,354.75 32,914.18
101001 Transportation Trust Interlocals 94.67 1,237.6Z
101002 Transportation Trust/80o Canst.itut 32,14Q.99 44,456.19
101003 Transportation Trust/Local Option I.3,250.56 14,OB0.71
101004 Transpartation Trust/County Fuel Tx 3,947.38 15,738.66
I01d06 Transportation Trust/Impact Fees 2,487.05 0.00
1Q2 Unincorporated Services Fund 34,156.51 65,1$9.44
102d01 Drainage Maintenance MSTU 38,999.18 10,789.60
102812 Paradise Park Stormwater Ph 3 598.75 7,827.07
107 Fine & Forfeiture Fund 24,4B6.42 140,350_68
107001 Fine & Forfeiture Fund-Wireless Sur 88.08 1,122.83
107002 Fine & Forfeit~re Fund-E911 Surchar 88.08 1,122.83
I07Q04 F&F Fund-Driver's Ed Safety 218,5I5.00 0.00
107006 F&F Fund-Court Related Technology 773.31 8,736.95
107167 Edward Byrne Mem JAG 2Q10 Lacal Sol 34,630.02 0.00
129 Parks MSTU Fund 109,127.75 0.00
130I02 FTA 5307-ARRA 2009 Capital Projects 1,977..12 0.00
1301Q9 FTA 5307 Capital and Operating 159.56 2,085.83
140 Airport Fund 3,433.96 11,472_17
15~ Impact Fee Co1].ections 116.52 1,523.20
160 P1an Maintenance RAD Fund 22,555.85 3,11Q.4&
183 Ct Administxatoz-19th Judicial Cir 261.19 3,105.65
183004 Ct Admin.- Teen Court 1,637.18 4,813.I2
183006 Guardian Ad Li.tem Fund I,477.00 Q.DO
185010 FHFA SHSP 2008/2009 435.59 0.00
1850I.7. FHFA SHTP 2009/2010 5.39 0.00
187 ~ Baating Improvement Projects 50Q.00 0.00
189100 Home Consortium 10,450.00 O.OD
189101 Home Consortium FY 2006 6.31 0.00
1897.02 Home Consortium Z009 132.62 1,733.41
190 Sports Complex Fund 26,986.82 18,263.22
216 County Capital I&S 1,202.00 0.00
310001 Impact Fees-Library 610.39 ~.00
310Q02 Impact Fees-Parks 6,986.97 ?.00
. . . . . . . . .
04/29/].1 ST. LUCIE COUNTY - S~ARD PAGE 2
FZABWARR WARRANT LIST #3I- 22-APR-2011 TO 29-APR-2011
FUND SITMMARY
FUND TITLE EXPENSES PAYROLL
310205 FDEP/FRDAP MLK/Dreamland Park 96,971.02 0.00
315 County Building Fund 67,237.55 0.00
316 County Capztal 98,336.88 0.00
318 County Capital-Transportatian Bond 163,391.08 0.00
401 Sanitary Landfill Fund 552,921.58 51,918.61
418 Golf Course Fund 9,907.22 I6,743.2D
451 S. Hutchinson Utilities Fund 91,04Q.90 9,523.B9
45$ SH Util-Renewal & Replacement Fund 50.88 665.15
471 No County Utility Di.strict-Operatin 79,667.90 7,131.96
478 No cty ~til Dist-Renewal & Replace 7Q3.06 1,185.32
479 No Cty Util Dist-Capital Facilities 82.14 1,073.68
491 Building Code Fund 2,067.06 15,004.78
5Q5 Health Insuzance Fund 822,368.82 Z,1$6.40
505001 Progerty/Casua].ty Insurance Fund 76,150.92 4,929.37
611 Tourist Development Trust-Adv Fund 755.84 1,901.a1
67.5 Impact Fees Fund 30, 543 . 84 0. 00
625 Law Library 156.47 0.00
55Q Agency Fund 4,995.14 0.00
801 Bank Fund • 185,332.26 d.00
GRAND TOTAL: 3,288,219.15 967,875.16
r
AGENDA REQUEST ITEM NO. VI-B-01
DATE• May 3, 2011
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REGULAR [ ]
~
~ .
~ :,3~.~ PUBLIC HEARING I l
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY (DEPT): County Attorney Mark Godwin ~
Criminal Justice Coordinator
SUBJECT: Approval of Budget Resolution No. 11-083 allowing the Coun~y
recognize revenue from interest earned on the Criminal Justice
Mental Health and Substance Abuse Reinvestment Grant.
BACKGROUND: Please see attached Memorandum CA No. 11-0354.
FUNDS AVAIL: $8,023.64 (107206-2360-534000-200) ~ther Contractual Services
PREVIOUS ACTION: In 2008, the Board approved the grant award of $688,572 over
three years.
RECOMMENDATION: Staff recommends the Board approve the Budget Resolution No.
11-083 allowing the County to recognize the interest earned on
grant funds in the amount of $8,023.64, and once approved these
funds vVill be added to the Mental Health Court expense category.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ j OTHER:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals ~
~ .
[X] County Attorney: [x] Management & Budget.~
Dan Mclntyre Marie Gouin, Director
Patty Marston, Analyst
,
County Attorney
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k~A ~~W ` ~..~n. `.:.y~ M E M O R A N D U M 11-355
TO: Board of County Commissioners
THROUGH: Daniel S. Mclntyre, County Attorney
FROM: Mark J. Godwin, Criminal Justice Coordinator ~~7
DATE: May 3, 2011
SUBJECT: Recognize interest revenue from the State Criminal Justice, Mental Health and
Substance Abuse Reinvestment Grant.
ITEM NO. VI-B-09
Backqround:
In 2008 St. Lucie County won an award of $688,572 over three years for the Criminal Justice Mental
Health Reinvestment Grant Program. This grant was created for the purpose of providing funding to
the County for citizens who suffer from mental illness and/or substance abuse disorders, and who are
at risk of entering the criminal justice system.
The grant is set to terminate on June 30, 2011, and the grant funds over the last year have earned
$8,023.64 in interest. Once approved, the $8,023.64 would be made available in the appropriation
account as identified in the Budget Resolution No. 11-083.
Previous Action:
July 8, 2008 - Board of County Commissioners approved Budget Resolution No. 08-239 to recognize
a year one of a three-year grant award of $229,524 from the Department of Children and Families.
September 1, 2009 - Board of County Commissioners approved Budget Resolution No. 09-235 to
recognize a year two of a three-year grant award of $ 226,236.40 from the Department of Children
and Families.
July 27, 2010 - Board of County Commissioners approved Budget Resolution No. 10-215 to
recognize a year three of a three-year grant award of $ 227,787.96 from the Department of Children
and Families.
July 29, 2010 - Department of Children and Families notified St. Lucie County's Criminal Justice staff,
via email, of their decision to allow `St. Lucie County to use the accrued interest on the first and
second advances in the amount of $8,023.64 to offset the total amount due to the County for the third
year advance, with the understanding that the St. Lucie County Board of County Commissioners will
apply the accrued interest to the grant expenses and not return the funds to the agency.'
E Recommendation:
Staff recommends that the Board approve the Budget Resolution No. 11-083 allowing the County to
recognize the revenue, and to budget the funds from the interest earned from the State grant dollars.
RespectFully submitted,
~G-.~-~j~~~
Mark Godwin
Criminal Justice Coordinator
RESOi.UTION NO. 1q-083 ~
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available in the form of $8,023.64 in accrued interest from the first and second year advances of the
Mental Health and Substance Abuse Reinvestment Grant. The accrued interest will complete the third-
year installment of a three-year grant totaling $688,572 from the Department of Children and Families.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 3`d day of May, 2011, pursuant to Section 129.06 (d), Florida Statutes,
that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby
amended as follows:
REVENUE
107206-2360-334205-200 FI Dept of Children & Families $8,024
APPROPRIATIONS
107206-2360-534000-200 Other Contractual Services $8,024
After motion and second the vote on this resolution was as follows:
Commissioner Chris Craft, Chairman XXX
Commissioner Chris Dzadovsky, Vice Chairman XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula Lewis XXX
Commissioner Tod Mowery XXX
PASSED AND DULY ADOPTED THIS 3`~ DAY OF MAY 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
~
Patty Marston
From: Carlene Filippini
Sent: Monday, August 02, 2010 4:18 PM
: To: Patty Marston; Faith Patrick
Cc: Mark Godwin
Subject: FW: Voicemail Re: Grant Intrest
Importance: High
Greetings all, This is 1 of 2 emails regarding her reply to the interest. I will send the
scanned copy next. Please advise if there is anything I need to do from here.
Thanks,
Carlene
-----Original Message-----
From: 7oy Neves [mailto:Joy_Neves~dcf.state.fl.us]
Sent: Thursday, July 29, 2010 2:16 PM
To: Ellen Piekalkiewicz; Carlene Filippini
Cc: Carlene Filippini
Subject: Re: Voicemail Re: Grant Intrest
Carlene, After looking more closely throught the grant file, I see that
the document Grantee Application for Advance Funding which was signed by the St Lucie County
Administrator (I am unable to read the signature) on 6/21/10 outlines the methodology for
using the interest to offset the ,
amount due. This is at the top of the third page under Section D. History
of Advance Payments. You should have this document in your files.
Please let me know if you don't and I will scan a copy to send you.
Thanks, 7oy
7oy Neves
Chief, SAMH Contract Management
Department of Children and Families
1317 Winewood Boulevard
Building 6, Room 237
Tallahassee, Florida 32399-0700
joy_neves@dcf.state.fl.us
Local: (850) 488-3250, SunCom: 278-3250
Ellen
Piekalkiewicz/D20
/DCF To
7oy Neves/D20/DCF~aDCF, "Carlene
07/29/2010 02:05 Filippini"
PM <filippinic@stlucieco.org>
cc
Subject
Re: Voicemail Re: Grant Intrest
(Document link: Joy Neves)
1
>
Carlene, if you need the decision in writing and this email is not sufficient let me know and
I will provide you with a letter. For the letter
- will need your address.
Original Message
From: 7oy Neves
Sent: 07/29/2010 02:02 PM EDT
To: Garlene Filippini <filippinic@stlucieco.org>
Cc: Ellen Piekalkiewicz
Subject: RE: Voicemail Re: Grant Intrest
Carlene, I am not aware that the decision was put into writing. I will
copy Ellen to see if she can provide additional information. Thanks,
Joy Neves
Chief, SAMH Contract Management
Department of Children and Families
1317 Winewood Boulevard
Building 6, Room 237
Tallahassee, Florida 32399-0700
joy_neves@dcf.state.fl.us
Local: (850) 488-3250, SunCom: 278-3250
Carlene Filippini
<filippinic@stluc
ieco.org> To
Joy Neves/D20/DCF~DCF
07/29/2010 01:30 cc
PM
Subject
RE: Voicemail Re: Grant Intrest
Joy,
May I get a written copy of the decision? This.would be retained in our file for auditing
purposes.
z
)
Thank you,
Carlene Filippini
Sr. Staff Assistant
St. Lucie County
Criminal Justice Division
2300 Virginia Ave.
Ft. Pierce, FL 34982
Office: (772) 462-1416
Fax: (772) 462-1440
filippinic@stlucieco.org
NOTICE: All communications, including attachments, sent to or received by this Office are
considered public record and subject to disclosure.
-----Original Message-----
From: Joy Neves [mailto:7oy_Neves~adcf.state.fl.us]
Sent: Thursday, 7uly 29, 2010 1:06 PM
To: Carlene Filippini
Subject: Re: Voicemail Re: Grant Intrest
Carlene, A decision was made to use interest accrued on the first and second advances in the
amount of $8,023.64 (St. Lucie County) to offset the total amount due the county for the
third project year with the understanding that the St. Lucie County Board of County
Commissioners will apply the interest accrued, and unreturned to the department, to project
expenses. Let me know if you need additional information. Thanks, 7oy
~oy Neves
Chief, SAMH Contract Management
Department of Children and Families
1317 Winewood Boulevard
Building 6, Room 237
Tallahassee, Florida 32399-0700
joy_neves@dcf.state.fl.us
Local: (850) 488-3250, SunCom: 278-3250
Carlene Filippini
<filippinic@stluc
ieco.org> To
Joy Neves/D20/DCF~DCF
07/29/2010 12:01 cc
PM
Subject
Voicemail Re: Grant Intrest
3
~
(Embedded image moved to file: pic25721.jpg) -
Hi Joy,
That does answer my question, however would you please respond via email?
I ask because there are others here that were wanting to know also and that way there is a
record of it. I also will not be in tomorrow, if there is anything further that comes up we
can touch base next week.
Thank you,
Carlene Filippini
Sr. Staff Assistant
St. Lucie County
Criminal Justice Division
2300 Virginia Ave.
Ft. Pierce, FL 34982
Office: (772) 462-1416
Fax: (772) 462-1440
filippinic@stlucieco.org
NOTICE: Al1 communications, including attachments, sent to or received by this Office are
considered public record and subject to disclosure.
Please Note: Florida has very broad public r.ecords laws. Most written communications to or
from County officials regarding County business are public records available to the public
and media upon request. It is the policy of St. Lucie County that all County records shall be
open for personal inspection, examination and / or copying. Your e-mail communications will
be subject to public disclosure unless an exemption applies to the communication. If you
received this email in error, please notify the sender by reply e-mail and delete all
materials from all computers.
Please Note: Florida has very broad public records laws. Most.written communications to or
from County officials regarding County business are public records available to the public
and media upon request. It is the policy of St. Lucie County that all County records shall be
open for personal inspection, examination and / or copying. Your e-mail communications will
4
v z i~ ry v~~ i e~ui,+. m t
i~~r .
~~:m~~~ rr~~~~ AGENDA REQUEST ITEM NO. VI-B-2
~
a~ ~ A~ Date: May 3, 2011
~ - . Regular L l
_ _ _ Public Hearing L ]
Consent[X]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Heather Young
Assistant County Attorney
SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with City of Port St. Lucie for
Crosstown Parkway Extension
BACKGROUND: See C.A. No. 11-0407
FUNDS AVAIL.(State type & No. of transaction or N/A): N/A
RECOMMENDATION: Staff recommends that Board of County Commissioners approve the proposed Bear
Point Mitigation Bank Credit Reservation Agreement with the City of Port St. Lucie, and authorize the
Chairman to sign the agreement.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Faye W. Outlaw, M.P.A.
County Administrator
Coordination/Signatures
County Attorney: Mgt. & Budget: Purchasing:
, Daniel 5. McIntyre Marie Gouin
Originating Dept.: ~ ~R.~ Other : Other :
q James R. Dnvid
Finance (Check for Copy only, if applicable):
J
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 11-0407
DATE: April 21, 2011
SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with City of Port
St. Lucie for Crosstown Parkway Extension
BACKGROUND:
Attached to this memorandum is a copy of a proposed Bear Point Credit Reservation
Agreement with the City of Port St. Lucie. Pursuant to the agreement, the City will
reserve 0.5 Federal/State credits in support of the permitting for the Crosstown Parkway
Extension. A copy of a January 11, 2011 letter from the City Engineer requesting
reservation of the credits is also attached. The agreement provides for the City to pay a
non refundable reservation fee in the amount of sixteen thousand two hundred fifty and
00/100 dollars ($16,250.00) which equals twenty-five percent (25%) of the total purchase
price of sixty-five thousand and 00/100 dollars ($65,000.00). In the event the pro ject is
not permitted, the City would be allowed to transfer the credits to another pro ject.
RECOMMENDATION/CONCLUSION :
Staff recommends that Board of County Commissioners approve the proposed Bear
Point Mitigation Bank Credit Reservation Agreement with the City of Port St. Lucie, and
authorize the Chairman to sign the agreement.
Respectfully submitted,
Heather Young
Assistant County Attorney
Attachment
HY/
1
y
Copies to: County Administrator
Finance Director
Management and Budget Director
Mosquito Control and Coastal Management Services ~irector
2
u
MITIGATION BANK CREDIT RESERVATION AGREEMENT
THIS AGREEMENT made and entered into this day of ,
2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida,
("COiJNTY"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and CITY
OF PORT ST. LUCIE, a Florida municipal corporation, ("CITY"), whose address is 121 S.W.
Port St. Lucie Boulevard, Port St. Lucie, Florida 34984-5099.
WITNESSETH
WHEREAS, COITNTY owns and operates the 317-acre Bear Point Mitigation Banlc,
("Bear Point") located in St. Lucie County Mosquito Control District Impoundment 1, south of
the Ft. Pierce Inlet, in Sections 12 and 13, Township 35 South, Range 40 East, St. Lucie County;
and
WHEREAS, the mitigation service area for Bear Point includes a contiguous mangrove-
dominated estuarine ecosystem in the Indian River Lagoon and the St. Lucie River Lagoon and
the St. Lucie River, from the Brevard/Indian River County line to the St. Lucie Inlet in Martin
County; and
WHEREAS, CITY is working to permit a new bridge crossing of the North Fork of the
St. Lucie River for the Crosstown Parkway roadway project ("Project"), which will serve to
extend the Crosstown Parkway from Manth Lane to U.S. Highway l; and
WHEREAS, the permitting process for the new bridge falls under the National
Environmental Policy Act ("NEPA") which requires the development of an Environmental
Impact Statement ("EIS"). The draft EIS has identified six (6) build alternative corridors and a
no-build alternative. The selection of a no-build or a specific build-alternative roadway
alignment has yet to be determined through the permitting process; and
WHEREAS, in a parallel effort for the Project, CITY is currently pursuing a Conceptual
Environmental Resource Permit ("CERP") from the South Florida Water Management District in
the event that a build alternative emerges from the NEPA permitting process. The CERP
requires mitigation of impacts to mangroves within the North St. Lucie River Drainage Basin.
This mitigation can be through the purchase of mitigation credits from Bear Point under Section
373.413 of the Florida Statues; and
WHEREAS, CITY and its consultants, together with staff from the permitting agencies,
have determined that five tenths (0.50) of a Federal/State Dual Mitigation Credit is the maximum
credit needed to mitigate for unavoidable mangrove impacts; and
WHEREAS, CITY desires to reserve the right to purchase from COLJNTY five tenths
(0.5) of a Federal/State Dual Mitigation Credit ("Reserved Credit") in order to complete the
CERP; and
WHEREAS, COUNTY is willing to agree to CITY' S request and set aside for future
purchase and transfer the Reserved Credit for CITY, which may be transferred or allocated by
CITY for a different project if the Project is not permitted.
-1-
v NOW, THEREFORE, in consideration of the foregoing premises, payment to
COUNTY of deposit monies as hereinafter described, the mutual promises and covenants of
the parties hereto, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, COUNTY and CITY intending to legally bind the respective
entities and successors and assigns, hereby covenant and mutual promises contained herein, the
parties agree as follows:
1. Recitations. The foregoing recitations are true and correct and are incorporated
herein by reference.
2. Credit Reservation. COUNTY agrees to reserve five tenths (0.5) Federal/State
- Dual Credits for the Project as set forth in this Agreement as set forth in the Reserved Credit
Allocation attached hereto and incorporated herein as Exhibit "A."
3. Reservation Period. The term of this reservation shall begin on the date first
written above and shall continue for a period of three (3) years from the date of this Agreement,
subject to annual extension based upon the prior written agreement of the parties.
4. Reservation Fee and Reserved Credit Purchase Price. In consideration of
such reservation, the parties acknowledge that CITY has paid COUNTY a non-refundable
reservation fee ("Reservation Fee") in the total amount of SIXTEEN THOUSAND TWO HUNDRED
FIFTY AND 00/100 DOLLARS ($16,250.00) based upon twenty-five percent (25%) of the current
price of the Reserved Credit upon the date of this Agreement as set forth in the Reserved Credit
Allocation and Bear Point has provided CITY with a receipt for such payment.
5. Notice of Credit Reservation. It shall be the responsibility of CITY to provide
the regulatory agencies with a copy of the receipt or other acceptable proof indicating reservation
of the Credits.
6. CITY'S Exercise of Ri~ht to Purchase Reserved Credit. In the event the
permits for the Property are issued, the parties shall enter into a Mitigation Bank Credit Purchase
Agreement for the required number of Credits. The amount of the Reservation Fee shall be
credited against the Credit purchase price. The parties agree that the Reserved Credit will be
available for use by CITY in connection with mitigating the anticipated mangrove impacts that
may arise because of the construction of the CITY'S proposed Project. However, if the Project
is not permitted, then the parties agree that CITY retains the right, under the same terms and
conditions set forth herein, to purchase the Reserved Credit for mitigation of any other CITY
project that can be mitigated through Bear Point under Section 371.413 of the Florida Statues or,
at the CITY's discretion, sell to another qualifying entity.
7. Disputes. Any disputes relating to interpretation of the terms of this Agreement
or a question of fact or arising under this Agreement shall be resolved through good faith efforts
upon the part of CITY and COLJNTY. Prior to initiating any litigation concerning this
Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding
mediation. The parties shall agree on a mediator chosen from a list of certified mediators
available from the Clerk of Court for St. Lucie County. The mediator's fee shall be shared
equally by the parties. To the extent allowed by law, the mediation process shall be confidential
and the results of the mediation or any testimony or argument introduced at the mediation shall
not be admissible as evidence in any subsequent proceeding concerning the disputed issue. In tlie
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J
event it is necessary for either party to initiate legal action regarding this Agreement, venue shall
be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and
the Southern District of Florida for any claims, which are justifiable in federal court.
8. Amendment This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior verbal or written
agreements between the parties with respect thereto. This Agreement may only be amended by
written document, properly authorized, executed and delivered by both parties hereto. This
Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws
of the State of Florida.
9. Notices.
COiJNTY: County Administration Annex County Administration Annex
2300 Virginia Avenue 2300 Virginia Avenue
Fort Pierce, FL 34982 Fort Pierce, FL 34982
Attn: County Attorney Attn: County Administrator
CITY City of Port St Lucie City of Port St Lucie
121 SW Port St Lucie Boulevard 121 SW Port St Lucie Boulevard
Port St Lucie, FL 34984 Port St Lucie, FL 34984
Attn: City Attorney Attn: City Manager
[THE REMAINER OF THIS PAGE IS INTENTIONALLY LEFT BLANKJ
-3-
, IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
behalf of the respective entities, their successors and assigns, on the day first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ATTEST: CITY OF PORT ST. LUCIE,
A Florida Municipal Corporation
BY:
CITY CLERK MAYOR
APPRO.VED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
s:\atty\agreemnt\contract\bearpt.psl.res. doc
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,
EXHIBIT "A"
RESERVED CREDIT ALLOCATION
FederaUState Dual Credits Reservation Price Total Price
0.5 $16,250.00 $65,000.00
-5-
,~o, c~ L'1 "lY U1{' PORT ST. L UCIE ~ ~ ,r ; ,
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~ ~ ENGINEER/NG . . . 1~6' ~
"The art of applying scientific and mathematical principals, experience, oR
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,r~ Q R~~~, judgement, and common sense to make things that benefit people." - A.S.E.E.
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January 11, 2011 ` ,
JAN I 3`~ : I ~ ~
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James David M Y ~
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St. Lucie County Mosquito Control and Coastal Management Services ~mm'~~'~
3150 Will Fee Road
Fort Pierce, FL 34982
RE: Letter Requesting Reservation of credits at Bear Point Mitigation Bank
for the Crosstown Parkway Extension Project
Dear Mr. David:
The City of Port St. Lucie is working to permit a new crossing of the North Fork of the St Lucie
River (NFSLR) called the Crosstown Parkway Extension. The proposed Crosstown Parkway
Extension project includes the construction of a bridge over the NFSLR to extend Crosstown
Parkway from Manth Lane to US 1.
There are six (6) build-alternative corridors and a no-build alternative included in the Environmental
Impact Statement (EIS). At this time, the specific corridor alternative ("alignment") for the roadway
and bridge crossing has not been determined. The selection of a no-build or a specific build
alignment will be determined through the EIS process.
In a parallel effort, the City is pursuing a Conceptual Environmental Resource Permit (ERP) from
the South Florida Water Management District (SFWMD). As part of Conceptual ERP, the City will
need to mitigate for the unavoidable impacts to mangroves within the North St. Lucie River
Drainage Basin. Should a build-alternative be selected, a maximum of 0.50 credits will be needed to
mitigate for unavoidable mangrove impacts.
Our consultants, American Consulting Professionals, LLC, calculated the compensatory credits as
follows:
• Determined the highest impact to mangroves:
o Direct - 0.27 acres
o Secondary (0-50')
o Secondary (51'-250')
• Calculated a separate E-WRAP for each of the impacts (attached)
• Calculated that 0.37 credits are needed based upon the impacts and E-Wrap Scores (see
Table Below)
121 S.W. Port St. Lucie Boulevard • Port St. Lucie, FL 34984-5099 • 772/871-5177 • Fax 772/871-5289
TDD Line ~ 772/344-4222
rauuaiy i i, cvi i
Mr. James David
Letter Requesting Reservation of credits at Bear Point Mitigation Bank ~
for the Crosstown Parkway Extension Project
Credits Needed Based on Impacts and E-Wrap Scores
I`npacts Acres E~W~P Equation Credits
Score
Direct 0.27 0.89 0.89 * 0.27 0.2403
Secondary (0-50') 0.31 0.75 (0.89-0.75) * 0.31 0.0434
Secondary (51'-250') 1.39 0.83 (0.89-0.83) * 1.39 0.0834
Total 0.37
• Completed the Proximity Factor Worksheet (attached) to calculate a proximity factor of 1.3
to account for the fact that the Bear Point Mitigation Bank is outside of the North St. Lucie
River Drainage Basin.
• Calculated the total credits needed to mitigation for unavoidable impacts to the mangroves as
0.48 credits (0.37 * 1.3).
The City would like to request a reservation of 0.50 credits at the Bear Point Mitigation Bank for the
Crosstown Parkway Extension in the event a build-alternative is selected. Should the no-build
alternative be selected, the City of Port St. Lucie will either sell or allocate the reserved credits for a
different project.
It is our understanding that the fee for one credit at the Bear Point Mitigation Bank is $130,000;
therefore, the fee for 0.5 credits will be $65,000. Furthermore, the mitigation bank requires 25% of
the fee ($16,250) to reserve the credits.
As discussed with the Assistant County Attorney, Heather Young, our City Council will need to
review, consider, and authorize the reservation and purchase agreements as well as the expenditure
of funds. For this reason, we are asking that the County prepare and transmit a reservation
agreement that we will take to our City Council for their review, consideration, and execution. Upon
City Council approval, we will provide the County with the executed reservation agreement along
with a check for the reservation deposit fee.
If you have any questions or need additional information, please do not hesitate to call me at 772-
871-5175.
P c~
,
Sirrcerely, ~
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Patricia oebling, P.E.
City En ' eer
C: Jerry Bentrott - City Manager
Jesus Merejo - Director of Utility Systexns
Kim Graham, P.E. - Acting Assistant City Engineer
Roberta Richards, Manager Engineering Operations
Heather Young - Asst. St. Lucie County Attorney
Brian Mirson, P.E. - American Consulting Professionals, LLC
Anna Peterfreund - American Consulting Professionals, LLC
Roxanne M. Chesser, P.E. - Civil Engineer
s:\projects\crosstown parkway extension~2.0 studies~2.3 cerp~2.3.1 mitigation\bear point mitigation - mangroves\12-13-10 letter to bear point.doc
• ESTUARINE WETLAND RAPID ASSESSMENT PROCEDURE
FIELD DATA SHEET
Permit Number Project Date Evaluator Wetland Type
5079986 Crosstown Parkway 12/8/10 A. Peterfreund 612 - Mangroves
Extension
Land Use Wildlife Utilization (VVLJ) Wetland Canopy (O/S) WL Grndcver (GC)
810 2.5 2.5 2.5
Habitat SupportBuffer Field Hydrology (HYD) WQ Input & Trtmnt (WQ)
3.0 3.0 2.5
E-WRAP Score Wetland ID
16/18 = 0.89 Direct
Comments
wU abundant food sources and connected habitat within state park and adjacent to aquatic
preserve, negligible evidence of human disturbance within 300 feet, abundant cover and
habitat, adjacent uplands highly developed
O/S Few exotics and nuisance species, good habitat support provided by wetland canopy,
evidence of recruitment of native canopy species, few snags
GC less than 10% nuisance species and exotics, minimal disturbances to ground cover,
prescribed burning unlikely in this area due to adjacent residential areas
Bi1FFER buffer greater than 300 feet wide, less than 10% nuisance species and exotics, large
contiguous area of wetlands within state park and adjacent to aquatic preserve
HYD plants healthy with little stress; wetlands exhibit natural hydroperiod; wetlands not adjacent to
canal, ditches, swales, berms, wellfields
wQ land use pre-treatment
50% 1.5 (SF Residential) 50% 2.5 (wet detention with swales)
50% 3.0 (natural undeveloped) 50% 3.0 (natural undeveloped)
Total- 2.25 Total - 2.75
Average- 2.5
Page 1
ESTUARINE WETLAND RAPID ASSESSMENT PROCEDURE ~
FIELD DATA SHEET
Permit Number Project Date Evaluator Wetland Type
5079986 Crosstown Parkway 12/8/10 A. Peterfreund 612 - Mangroves
Extension
Land Use Wildlife Utilization (Win Wetland Canopy (O/S) WL Grndcver (GC)
810 2.0 2.0 2.0
Habitat SupportBuffer Field Hydrology (HYD) WQ Input & Trtmnt (WQ)
2.0 3.0 2.5
E-WRAP Score Wetland ID
13.5/18 = 0.75 Secondary 0-50'
Comments
wU Similar to direct impacts but will be impacted due to proximity to bridge and potential impacts
to vegetation, food sources, and cover.
o/S
Similar to direct impacts but will be impacted due to proximity to bridge and potential for exotic
and invasive species to invade. Wetland canopy reduced directly adjacent to bridge.
GC
Similar to direct impacts. Ground cover will be disturbed directly adjacent to the proposed
bridge.
BiJFFER Similar to direct impacts with encroachment on buffer from proposed bridge.
xYD plants healthy with little stress; wetlands exhibit natural hydroperiod; wetlands not adjacent to
canal, ditches, swales, berms, wellfields
WQ land use pre-treatment
50% 1.5 (SF Residential) 50% 2.5 (wet detention with swales)
50% 3.0 (natural undeveloped) 50% 3A (natural undeveloped)
Total- 2.25 Total - 2.75
Average- 2.5
Page 1
~ ESTUARINE WETLAND RAPID ASSESSMENT PROCEDURE
FIELD DATA SHEET
~
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}
Permit Number Project ' Date Evaluator Wetland Type
5079986 Crosstown Parkway 12/8/10 A. Peterfreund 612 - Mangroves
Extension
Land Use Wildlife Utilization (WiJ) Wetland Canopy (O/S) WL Grndcver (GC)
810 2.0 2.5 2.5
Habitat SupportBuffer Field Hydrology (HYD) WQ Input & Trtmnt (WQ)
2.5 3.0 2.5
E-WRAP Score Wetland ID
15/18 = 0.83 Secondary 51' - 250'
Comments
wU Similar to direct impacts but will be impacted due to proximity to bridge and potential impacts
to vegetation, food sources, and cover.
o/s
Few exotics and nuisance species, good habitat support provided by wetland canopy,
evidence of recruitment of native canopy species, few snags.
GC
less than 10% nuisance species and exotics, minimal disturbances to ground cover,
prescribed burning unlikely in this area due to adjacent residential areas
BUFFER Similar to direct impacts with encroachment on buffer from proposed bridge.
x~ plants healthy with little stress; wetlands exhibit natural hydroperiod; wetlands not adjacent to
canal, ditches, swales, berms, wellfields
WQ land use pre-treatment
50% 1.5 (SF Residential) 50% 2.5 (wet detention with swales)
50% 3.0 (natural undeveloped) 50% 3.0 (natural undeveloped)
Total- 2.25 Total - 2.75
Average- 2.5
Page 1
Proximity Worksheet:
Purpose is to take into account distance from impact area to mitigation area.
Two components; one based on wildlife and one based on watershed.
Assumption_ Mitigation is best in the same watershed.
a. Enter an identification number in the upper right corner
b. Fish and Wildlife:
1) In line Xl, answers a series of questions on wildlife. Assign yes or no
to each question. Is the guild found on the impact site? (y or n)
Question A. Does the location of the mitigation site relative to the
impact site reduce the ability to mitigate for that guild (e.g. impact site
within foraging range of woodstork rookery; however mitigation site
is outside that range therefore the answer would be yes - Question B)
2) Total the number of yes's and no's for each guild. Place number of
each into block (X2.2)
3) In line X2.3, follow instructions for division to determine the fish and
wildlife score :
c. Watershed (Diminishing Relevance): (Do only if outside waters of
impact area)
1) In line X3.1, enter the name and acreage of the impact site watershed.
2) In line X3.2, enter the name and acreage of the mitigation site
watershed
3) In line X3.3, enter names and acreage of watersheds between impact
and mitigation site.
4) In line X3.4, add watershed acreages.
5) In line X3.5, enter the name and acreage of the standardized
mitigation service areas (for individual projects - already defined by
State). Banks have own service areas defined.
6) In line X3.6, follow instruction for addition and division to determine
the watershed number (WN).
d. Final Calculation: Block X3.0. Enter in column X of Project Worksheet
Y
Crosstown Parkway Extension
Proximity Worksheet version4.0 Proximity # X o.so
X1.0 Location of mitigation (place): Bear Point Mitigation Bank
X2.0 Fish and Wildlife Component
Question A: Is the guild rearesented at the impact site? Answer either "Yes" or "No" for each guild
Question B: Does the location of the mitigation site relative to the impact site reduce the ability to mitigate
for that guild? If answer to A is "No", then enter "N/A". If answer to A is "Yes", answer either "Yes" or "No"
Question A Question B Question A Question B
X2.1 Guilds Present? Reduced? Present? Reduced?
Neotropical Migrants: A Y B N Reptiles: A Y B N
Wading Birds: A Y B Y Freshwater Fish: A Y B Y
Raptors: A Y B N Small Mammals: A Y B N
Waterfowl: A Y B N Large Mammals: A N B N
Amphibians: A Y B N Invertebrates: A Y B N
X2.2 Number of yes's for Question B: B1 2 Number yes's for A: A1 9
X2.3 Fish and Wildlife Component Score = FN = B1 divided by A1: FN 0.22
X3.0 Diminishing Relevance Component. (If mitigation in same watershed as impact: skip steps X3.1 to X3.4 and
write WN=0.0 in line X3.6. If mitigation bank, use WN from table if Mitigation Bank Instrument includes table.)
Name of Watersheds Acres
X3.1 Mitigation site is located within: South Indian River Size = W1: W1 31,685
X3.2 Impact site is located within: North St. Lucie Size = W1: W2 124,322
X3.3 Watersheds separating/between the ~ Size = W1: W3
mitigation and impact sites. Size = W1: W4
Size = W1: W5
X3.4 W1 + W2 + W3 + W4 + W5 = W6: W6 156,007 acre W6 divided by W1=W7: W7 4.92
X3.5 Name and size of Standard Mitigation Service Area in which mitigation and impact sites are located.
(Note: If mitigation provided by a Mitigation Bank, then use the service area designated for that bank.)
(Note: If sites are not in same standard area, define a service area appropriate to the mitigation site.)
Bear Point Mitigation Bank Size = W8: W8 60,200 W8 divided by W1=W9: W9 1.90
X3.6 Diminishing Relevance Score W7 -1.0 ) divided by ( W9 - 1.0 WN WN 4.36
X4.0 Proximity Factor = X = { 1.0 } divided by { [ ( FN + WN ) divided by ( 2.0 ) ] + [ 1.0 ] } = X 0.30
Copy this number into the Proximity Factor column of the Project Worksheet. Use the same number for all
of the "off-site mitigation" polygons located in the location (place) described at line X1.0 above.
~
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~ ` ~J ° ~ A6ENDA REQVEST ITEM NO. VI-6.3
~
• • . • DATE: May 3, 2011
REGULAR
PUBLIC HEARING
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTEp BY;
SUBMITTED BY(DEP~: County Attorney Daniel S. McIntyre
County Attorney
SUB CT: 2011 Economic Development Exemption Applicction - J.J. Taylor
Oistributing Floridn, Inc.; Ordinance No, i l-019
BACKGROUND~ See attnched memorandum ~
FUNDS AVAILABLE:
PREVIOUS ACTION;
RECOMMENDATION: Staff recommends thct the Board accept the report of the
Property Apprciser and grant permission to advertise Ordinance No.
l i-019 for n public hearing on June 7, 20I 1, at 6:00 p. m. or as
soon thereafter as the item may be heard.
COMMISSION ACTION: CONCURRENCE:
[ ~ APPROVED [ ] DENIED
[ ] OTHER:
Faye W. Outluw, MPA
County Administrator
Review and Approvals
County Attorney: Management & Budget Purchasing:
Daniel 5. McIntyre
Originating Dept. Public Works Dir: County Eng.:
Finance: (Check for copy only, if applicable) Eff. 5/96
E ,
INTER-OFFICE MEMORANDUM
ST. WCfE COUNTY, FLORIDA
T0: Board of County Commissioners
FROM: Daniel 5. Mclntyre, County Attorney
C.A. NO. 10-422
DATE: April 26, 2011
SUBJECT: 2011 Economic Development Exemption Application - J. J. Taylor Distributing
Florida, Inc.; Ordinance No. 11-019 - Permission to Advertise
BACKGROUND:
On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt
certain new and expanding businesses from ad vatorem taxation as allowed by state law, a copy of which
is attached. On November 5, 2002, the voters in St. Lucie County approved a referendum authorizing the
Board of County Commissioners of St. lucie County to grant a local economic ad valorem tax exemption.
Also attached is Resolution No. 03-258 adopted on October 28, 2003 establishing a property tax exemption
phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses
Attached is an application filed by J. J. Taylor Distributing Florida, Inc.. As required by state law, the
application was forwarded to the St. Lucie County Property Appraiser for review. The comments and
findings ofthe Property Appraiser are contained in the application. As the memorandum states, J. J. Taylor
Distributing Flarida, Inc. submitted the required information and met the statutory definition of a new
business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is
granted is $824,200 for improvements to real property and $269,875 for tangible personal property. The
estimate of revenue lost to the County if the exemption was granted during the current fiscal year is
$6,177.30 in ad valorem revenues and $2,022.69 in tangible personal property revenues.
The application reflects that sixty-eight (68) St. Lucie County residents will be employed by J. J.
Taylor Distributing Florida, Inc.
Under the property tax eligibility chart, it appears that J. J. Taylor Distributing Florida, Inc. would
receive a five (5) year exemption, phased as follows:
Year 1 - 100% (FY 11/12)
Year 2 - 80%
Year 3 - 60~0
Year 4 - 40%
Year 5 - 20%
Also attached is a copy of draft Ordinance No. 11-OZ9 which, if adopted, would grant J. J.
Distributing Fiorida, Inc. an economic ad valorem tax exemption for a period of five (5) years.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board:
1. Accept the report of the Property Appraiser.
2. Grant permission to advertise Ordinance No.11-019 for a public hearing on June 7, 2011.
Respec y bmitt ,
.
Daniel S. Mclntyr
County Attorn
DSM/caf
Attachments
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RE50LUTION NO. 03-258
A RESOLUTION ESTABtS5HIN6 APPlICATION
PROCEDURES AND A REVISE~ PROPERTY TAX EXEMPTION
ELI6IBILITY CHART AND PHASE OVT SCHEDULE FOR
NEW OR EXPANDIN6 BUSINESSES APPLYIN6 FOR AN
ECONOMIC DEi/ELOPMENT AD VALOREM TAX EXEMPTION
WH~REAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
Z. On N~vember 5, 2002, the voters in St. Lucie County approved a referendum
authorizing the Board of County Commissioners to grnnt a loca) option economic nd valorem
tax exemption,
2. On October 6,1992, this Board adopted Ordinunce No. 92-24, which amended
Chapter 1-19,3 (TAXATION) of the Code of Ordinnnces of St. Lucie County, Floridn, by
crenting A~ticle V- Economic Development Ad Valorem Tax Exemption. Section 1-29.3-59
(Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of
criteria for determining the length of an exemption and the percentage amount of nn
exemption pursuant to resolution of this Board.
3. On September 3, 2002, the Board adopted Resolution No. 02-196 establishing
n property tax exemption eligibility chart and phnse out schedule for new or expanding
businesses.
1
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4. The Board desires to adopt new app{icntion procedures and a revised eligibility
chart and phctse out schedule for the County's Economic Development Ad Valorem Tax
Exemption Program.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St,
Lucie County, Florida:
1. This 6oard hereby adopts the Qpplication procedures and revised Property Tax
Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached hereto and
referred to collectively as Exhibit "A", for purposes of establishing eligibility of a tax
exemption for new or expanding businesses.
2. The Board shall have the discretion to modify the eligibility requirements based
on other significant fnctors including, but not limited to, the following;
a) The increase in local employment attributable to the new or expanding
business;
b) The unemployment and underemp(oyment of the available local labor
force and the types and wages of jobs crented therein;
c) The amount of capital investment purchased by the new or expanding
business;
d) The ability of the County to otherwise meet its total fiscal needs Should
the requested exemption be granted;
2
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e) The cost of any increased local government services, including but not
limited to roads, water, sewer, gas und law enforcement, and other direct expenditures
associated with that specific business,
3. The Board reserves the right to require a company receiving nn ad valorem tax
exemption from the County to refund the exemption amount with interest in the event the
company closes the facility that wns the subject of the exemption within fifteen (15) years
after the Board grants the exemption.
4. Resolution No. 02-196 is rescinded upon ndoption of this resolution.
5. This Resolution shall take effect upon adoption.
After motion and second, the vote on this resolution wns as follows;
Chairman Cliff Barnes AYE
Vice Choirman Paula Lewis AYE
Commissioner poug Coward NAY , , ~
Commissioner John Bruhn ABSENT
Commissioner Frannie Hutchinson AYE
PASSE~ AND DULY ADOPTEO this 28th day of October, 2003.
BOAR~ OF COUM'Y COMMISSIO
A T: , . ST. LVCIE COVNTY, F A
' B "
e uty Clerk . Cha' n
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APPROVED 5 TO FORM AN~
CORR
BY: ` ~ ,
County Atto ne
4
Ad Valorem Tax Exemption Program
St. Lucie County
The St. Lucie Board of County Commissioners (BOCC) is pleased to provide the
application and instructions for the Economic Development Ad Valorem Tax Exemption
Program, which is designed to assist economic development through exempting certain
properry taxes. First, to help determine 'rf you qualify under this incentive program, you
should read Ssction IV, "Do You GTualify for a Tax Exemption",
If you have any questions about this program, including eligibility, or regarding the
application process, please contact Victoria Stalls, Economic Development Analyst, at
(772) 462-2536.
Table of Contents
I. Program Intent
II. Enactment Authority
III. Definitfon of Terms
IV. ~ualificatfon for Tax Exemption -"Do You Qualify for a Tax Exemptian"
V. Application for Exemption
VI. Exemption Application Process
Vll. Contact Source for Assistance
Attachments
A. State Application, County Supplemental Application, Annual Report
Forms
B. Economic Development Ad Valorem Tax Exemption Ordinances:
Ordinance #92-24
C. Section 196.195 F.S. and Section 196.012 Subsections (15) and (16)
F.S.
D. St. Lucie County Tax Exemption Guidelines
1
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I. Proaram Intent
The St. Lucie Board of County Commission, in Florida believes that local government
should support economic growth by providing an incentive for County employment
opportunities that will lead to the improvement in the quality of life for County residents,
positive expansion of the economy in terms of new jobs and improvements to real and
personal property, and creating jobs in such a way so as not to disadvantage existing
businesses while recognizing that productive competition fosters economic growth.
The Economic Development Ad Valorem Tax Exemption is a local option tax incentive
for new or expanding businesses, which may be granted at the sole discretion of the
Board of County Commissioners. Incentives could be provided to businesses of diverse
industries that would have a positive impact on the County's economy.
Any exemption granted may apply up to one hundred percent (100%) of the assessed
value per Section 9 and Section 12 of Article Vlt, of the Florida State Constitution, of all
improvements to real property made by or for the use of a new business and of all
tangible personal property of such new business, or up to one hundred (100%) of the
assessed value of all added improvements to real property made to facilitate the
expansion of an existing business and of the net increase in all tangible personal
property acquired to facilitate such expansion of an existing business, provided that the
improvements to real property are made or the tangible personal property is added or
increased after the date of the preliminary application or one year prior to the filing of
the final application. Property acquired to replace existing properry may not be
considered to facilitate a business expansion. The exemptions may not apply to
improvements to real property made by or for the use of new or expanding businesses
when such improvements have been included on the tax rolls prior to the preliminary
application or one year prior to the filing of the final application.
The ability to receive an exemption for the period granted is conditioned upon the
appiicant's ability to maintain the new business or the expansion of an existing business
as defined in Section III.E. and H, throughout the entire exemption period. The
applicant will be required to submit a report on an annual basis to the County
evidencing satisfaction of this condition. The annual report shall be submitted on the
attached form. In addition, any business granted an exemption will furnish to the
County or its designee such information as the County or its designee may reasonably
require for the purpose of determining continued performance by the business of the
conditions stated in the exemption ordinance and the representations made in the
application.
2
II. Enactment Authoritv
Article VII, Section 3 of the Constitution of the State of Florida and Section 196.1995
Florida Statutes, empower the County to grant Economic Development Ad Valorem Tax
Exemptions after the electors of the County, voting on the question in a referendum,
authorize such exemptions. In a referendum held on this issue on November 5, 2002,
the voters of St. Lucie Counry authorized the County to grant Economic Development
Ad Valorem Tax Exemptions. This exemption program is applicable in all areas of St.
Lucie County where the County is the taxing authority.
The exemption applies only to taxes levied by St. Lucie County, where the Counry is the
taxing authoriry. The exemption does not apply to taxes levied by the school district or
water management district, fire district or to taxes levied by the voters for the payment
of bonds or other special taxes authorized by a vote of the electors pursuant to Section
9 and Section 12. Article VII, of the Florida State Constitution.
The Ordinance (Ordinance No. 92-24) that implements the tax abatement program is
entitled "Economic Development Ad Valorem Tax Exemption Ordinance of St. Lucie
County, Florida". Resolution No. 03-258 provides additional guidelines for
implementation of the Ad Valorem Tax Exemption Program.
3
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,
III. Definition of Terms
The following words, phrases, and terms shall have the same meanings attributed to
them in current Florida Statutes and the Florida Administrative Code, except where the
context clearly indicates otherwise:
A. Applicant - Any person, firm, partnership, or corporation that files an
application with the St. Lucie Board of County Commissioners seeking an
economic development ad valorem tax exemption.
B. Business - Any activity engaged in by any person, firm, partnership,
corporation, or other Business organization or entity, with the object of
private or public gain, benefit, or advantage, either direct or indirect.
C. Coun - St. Lucie County.
D. Deuartment - The Florida Department of Revenue.
E. Expansion of an Existinq Business•
1. As defined in Section 196.012(16), Florida Statutes, an Expansion
of an Existing Business means:
(a) A business establishing ten (10) or more jobs to employ ten
(10) or more full-time employees in this State, which
manufactures, processes, compounds, fabricates, or
produces for sale items of tangible personal property at a
fixed location and which comprises an industrial or
manufacturing plant;
(b) Any business establishing twenty-five (25) or more jobs to
employ twenty-five (25) or more full-time employees in this
State, whose Sales Factor, as defined by Section 220.15(5),
Florida Statutes, for the facility with respect to which it
requests an economic development ad valorem tax
exemption is less than 0.50 for each year the exemption is
claimed; or
(c) Any business located in an Enterprise Zone that increases
operations on a site collocated with a commercial or
industrial operation owned by the same business.
2. Any expansion of an existing business must increase operations on
a site collocated with a commercial or industrial operation owned by
the $ame business, resulting in a net increase in employment of not
less than ten percent (10%) or an increase in productive output of
4
,
not less than ten percent (10%). The ten percent (10%)
requirement does not apply to Enterprise Zones.
F. Extraordinarv as determined bv St Lucie Board of County
Commissioners.
G. lmprovements - Physical changes made to raw land, and structures
placed on or under the land surface.
H. New Business - As defined in Section 196.012(15), Florida Statutes, a
new business means:
1. A Business establishing ten (10) or more jobs to employ ten (10) or
more full-time employees in this State, which manufactures,
processes, compounds, fabricates, or produces for sale items of
tangible personal property at a fixed location and which comprises
an industrial or manufacturing plant; or
2. Any business establishing twenty-five (25) or more jobs to employ
twenty-five (25) or more full-time employees in this State, whose
Sales Factor, as defined by Section 220.15(5), Florida Statutes, for
the facility with respect to which it requests an economic
development ad valorem tax exemption is less than 0.50 for each
year the exemption is claimed; or
3. An office space in this State owned and used by a corporation
newly domiciled in this State; provided such office space houses
fifty (50) or more full-time employees of such corporation; or
4. A business located in an Enterprise Zone (pursuant to Section
290.0065, Florida Statutes).
5. Any new business must first begin operation on a site clearly
separate from any other commercial or industrial operation owned
by the same Business.
I. Propertv within a Community Redeveloqment Area (CRA) - Any property
located within a CRA created pursuant to Section 163.330, et.seg. Florida
Statutes where a portion of the County tax revenue will go directly to the
CRA.
J. Real Pronertv - Shall be defined in Section 192.001, Florida Statutes.
K. Sales Factor - As defined in Section 220.15.(5), Florida Statutes, the
sales factor is a fraction, the numerator of which is the total sales of the
taxpayer in this State during the taxable year or period and the
5
denominator of which is the total sales of the taxpayer everywhere during
the taxable year or period.
L. State - State of Fforida.
M. Tanaibie Personal Pro~ertv - Shall be as defined in Section 192.001,
Florida Statutes.
6
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IV. Qualification for Tax Exemotion "Do You Qualifv for a Tax Exemption"
Before completing an applicafion, please read the following eligibility requirements that
determine whether you qualify for a tax exemption under the "Economic Development
Ad Valorem Tax Exemption ordinance of St. Lucie County, Florida" (Ordinance No. 92-
24),
A. Ad valorem tax exemptions apply to new businesses iocating to St. Lucie
County and to expansion of businesses already situated in St. Lucie
County.
B. New or expanding businesses must make a positive contribution to the
economy of St. Lucie County in terms of new jobs and improvements to
real and personal property.
C. Incentives are applicable to businesses of diverse industries with the
exception of retail operations.
D. Any and all exemptions granted must result in an economic benefit to the
County, i,e., exemptions would support St. Lucie Counry and its existing
businesses.
E. The applicant must be a pe~son, firm, partnership, or other Business
organization or entiry, with the object of private or public gain, benefit, or
advantage, either direct or indirect.
F. New Business
1. As defined in Section 196.012.(15), Florida Statutes, a new
Business must meet the following criteria:
(a) A business establishing ten (10) or more jobs to employ ten
(10) or more full-time employees in this State, which
manufactures, processes, compounds, fabricates, or
produces for sale items of tangible personal property at a
fixed location and which comprises an industrial or
manufacturing plant; or
(b) Any business establishing twenty-five (25) or more jobs to
employ twenty-five (25) or more full-time employees in this
State, whose Sales Factor, as defined by Section 220.15(5),
Florida Statutes, for the facility with respect to which it
requests an economic development ad vaforem tax
exemption is less than 0.50 for each year the exemption is
claimed; or
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(c) An office space in this State owned and used by a
corporation newly domiciled in this State; provided such
office space houses fifty (50) or more full-time employees of
such corporation; or
(d) A Business located in an Enterprise Zone (pursuant to
Section 290.0065, Florida Statutes).
(e) Any new business must first begin operation on a site clearly
separate from any other commercial or industrial operation
owned by the same business.
G. Expansion of an Existing Business
1. As defined in Section 196.012(16) Florida Statutes, an Expansion
of an Existing Business must meet the following criteria:
(a) A business establishing ten (10) or more jobs to employ ten
(10) or more full-time employees in this State, which
manufactures, processes, compounds, fabricates, or
produces for sale items of tangible personal property at a
fixed location and which comprises an industrial or
manufacturing plant; or
(b) Any business establishing twenty-five (25) or more jobs to
employ twenty-five (25) or more full-time employees in this
State, whose Sales Factor, as defined by Section 220,15(5)
Florida Statutes, for the facility with respect to which it
requests an economic development ad valorem tax
exemption is less than ~.50 for each year the exemption is
claimed; or
(c) Any business located in an enterprise zone that increases
•operations on a site collocated within commercial or
industrial operation ~wned by the same business.
2. Any expansion of an existing business must increase operations on
a site collocated with a commercial or industrial operation owned by
the same business, resulting in a net increase in employment of not
less than ten percent (10%) or an increase in productive output of
not less than ten percent (10%), The ten percent (10%)
requirement does not apply to Enterprises Zones.
H, The exemptions shall not accrue to improvements to real property made
by or for the use of new o~ expanding businesses when such
8
improvements have been included on the tax rolls prior to the preliminary
application or one year prior to the filing of the final application.
I. Property acquired to replace existing property shall not be considered to
facilitate a business expansion.
J. No exemption shall be granted For the land upon which new or expanding
businesses are to be located.
K. The ability ta receive an exemption for the period granted is conditioned
upon the applicant's ability to maintain the new business or the expansion
of an existing business throughout the entire period.
L, Any existing business in violation of any federal, State, or local law or
regulation goveming environmental matters is not eligible for an
exemption.
9
,
V. Aaplication for Exernntion
A. Any eligible person, firm, partnership, or corporation, which desires an
exemption, must file with the County's Economic Development Division,
an application prescribed by the State Department (Form DR-418, and
County Supplemental application.
B. The application requests that the County adopt an ordinance granting the
applicant the exemption and includes, at a minimum, the following:
1. The name and Iocation of the new business or the expansion of an
existing business;
2. A description of the improvements to the real property for which an
exemption is requested and the date of commencement of
construction of such improvement and estima#ed completion date;
3. A description of the tangible personal property for which an
exemption is requested and the dates when such properiy was or is
to be purchased.
4, Proof, to the satisfaction af the County, that the applicant meets the
criteria for a new business or for an expansion of an existing
business as defined in Section III;
5. The following information:
(a) anticipated total number of employees and new employees;
(b) expected number of employees who will reside in St. Lucie
County;
(c) average wage of employees (excluding the top executive's
salary);
(d) type of Industry or business;
(e) environmental impact of business;
(f) anticipated volume of business or production;
(g) whether relocation or expansion would occur without the
exemption;
(h) cost and demand for services;
ia
(i) source and supplies (local or otherwise);
(j) whether business will be/is located in a community
redevelopment area;
6. Other information deemed necessary by St. Lucie County.
C. If a new Business or an Expansion of an Existing Business is locating in a
Community Redevelopment Area, the Community Redevelopment Board
shall be provided with a copy of the application for review and comment.
Input from the Community Redevelopment Board will be conside~ed in
deciding whether an application is to be granted. Should the Community
Redeveiopment Board object to the granting of Tax Exemption, the
agency may submit an objection in writing to the BOCC for its
consideration.
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11
1
, fi
VI. Exemption Application Process
The "fully completed" Economic Development Ad Valorem Tax Exemption final
application must be filed with the St. Lucie County, Economic Development Division, by
a representative of the company. The threshold for eligibility is whether the Business
meets the definition of a new business or of an expansion of an existing business as
defined in Section III, and one which is not an ineligible Business or industry.
7he County will take action on the final application, inciuding the enactment of the
required ordinance should the County decide to grant the exemption, within ninety (90)
days from the date that a fully completed final application is accepted. During this 90-
day period, interested agencies and parties will have an opportunity to review and
comment on the application. To impact the November tax bill, the final application must
be submitted by March 1 St of the same year. The following steps provide the applicant a
reasonable understanding of St. Lucie County Economic Development Ad Valorem Tax
Exemption process and requirements,
Step 1: Preliminary AppUcation Submlttal: It is recommended that anyone
contemplating whether to file an exemption application must first contact the County's
Economic Development Division, and request a meeting to assess the feasibility of filing
an exemption application and acquire assistance in completing the preliminary
application.
Step 2: Submission of Preliminarv Aq~lication to the Countv• On behalf of the
applicant, the representative of the company will submit one original of the State
application, the County supplemental application, a one-page' narrative describing the
business, and appropriate attachments. The applicant will also submit a map identifying
the location and configuration of the subject property with legal description.
Step 3: Preliminarv Eliqibllitv and Countv Commission Resolution• The County
Economic Development Office will accept and review the application for preliminary
eligibility. The Economic Devefopment Division will review and notify the applicant of
eligibility and/or any application deficiencies within thirty (30) days of submission.
Step 4: Preparation of the Final Apalication: Upon receipt of the final application, the
County's Economic Development Division will: (1) determine eligibility; (2) request the
Property Appraiser to conduct its analysis; (3) conduct an econamic impact analysis;
and (4) advertise for a public hearing to consider adopting an exemption ordinance on
behalf of the business.
Step 5: Review. Analvsis and Recommendation of the Propertv Aparaiser and
EDD: Within a 90-day period, copies of the application are to be reviewed by the St.
Lucie County Property Appraiser's Office and St. Lucie County staff. Any legal issue
will be referred to the County Attorney's Office for review and cornment.
The Property Appraiser will review the application and provide in writing the fiscal
12
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impact of granting the exemption, sign the State application, and forward to St. Lucie
County Economic Development Division's Office. As re.quired by Florida Statute the
Property Appraiser's report will include the following:
1. The total revenue available to the County for the current fiscal year
from ad valorem tax sources or an estimate of such revenue if the
actual total available revenue cannot be determined;
2. The amount of revenue lost to the County for the current fiscal year
by virtue of exemptions previously granted, or an estimate of such
revenue if the actual revenue lost cannot be determined.
3. An estimate of the amount of revenue which would be lost to the
County for the current fiscal year if the exemption applied for was
granted had the property for which the exemption is requested
otherwise been subject to taxation; and
4. A determination as to whether the property for which an exemption
requested is to be incorporated into the new business or the
expansion of an existing business, or into neither, which
determination the Property Appraiser shall also affix to the face of
the application. Upon request, the Department will provide the
Property Appraiser such information as it may have available to
assist in making this determination.
St. Lucie County staff will review a copy of the application. The EDD staff will conduct
an economic impact analysis and forward its comments to the Co~nty Administrator.
Steo 6: Preaaration of the Exemntion Ordinance• The Economic Development
Division will forvvard to the County Attorney's Office for preparation of the Ordinance
and.for scheduling the exemption application and ordinance, including the report from
the Property Appraiser, the economic impact analysis from the Economic Development
Division, and the County staff recommendation to be considered by the St. Lucie
Counry Board of Commissioners.
After consideration of the application and the repart of the Property Appraiser on the
application, the County may choose to adopt an ordinance granting the exemption to a
new or expanding business. If granted, the ordinance shatl include the following
information:
1. The name and address of the new business or expansion of an
existing business;
2. The total arnount of revenue available to the County from ad
valorem tax sources for the current fisca! year, the total amount of
the revenue lost to the County for the current fiscal year by virtue of
13
,
exemptions currently in effect, and the estimated amount of
revenue attributable to the exemption granted ta the new or
expanding business.
3. The expiration date of the exemption, which is no more than ten
(10) years or less (depending on the duration of the exemption
granted) from the date the County enacts the ordinance granting
the exemption; and
4. A finding that the business meets the definitian of a new business
or of an expansion of an existing business as set forth in Section III.
Step 7: The Guidelines for Determinina the Percentaae of Exemation See
attached Program Guidelmes for point calculation using number of jobs, hourly wage
and investment.
Then go to attachment Chart A which defines the exemption guidelines for determining
the tax exemption percentage per year for property located outside a CRA area or Chart
B is for properry located within a CRA area.
Property located outside a CRA area will have the tax exemption on both Real Property
and Tangible Personal Property while a property located within a CRA area wil! have a
tax exemption on Real Property Only.
Note: These are guidelines only. Each exemption is determined on an individual case basis by
the Board of County Commissioners.
14
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VII. Contact Source for Assistance
Exemption applications are available at the County's Economic Development Division in
the County Office on 2300 Virginia Avenue, Fort Pierce. Inquiries on the tax exemption
program will be handled by this County Division. However, the Property Appraiser's
Office will handle inquiries that pertain to Property Appraiser information only. An
applicanUagent who is trying to determine the viability of filing an application should
contact St. Lucie County Economic Development Division.
St. ~ucie Counry ~
Economic Development Division
2300 Virginia Avenue
Fort Pierce, Florida 34982
(772) 462-1550 phone
(772) 462-1579 facsimile
Larry Daum, Economic Development Mgr.
Victoria Stalls, Economic Devefopment Analyst
15
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St Lucie County Ad Valorem Tax Exemption Program
Program Guidelines
1~Iew or ExistinQ Business - Number of iobs created Points
25-49 5
50-99 ~
100-199 9
200+ !0
Note: Existing business must be a minimum of 10% increase in employees to gualify
AveraQe Hourlv Wate Rate for New Emalovees Points
L,ess than $12.00 per hour ~
90% of average -$12.00 per hour 2
Average - $I3.34 per hour 4
25% above the average -$16.68 per hour 6
50% above the average -$20.00 per hour 10
100% above the average -$26.68 per hour 12
Caaital Investment po~~
$1 SO,Q00 - $1,000,000 2
$1,000,001 - $5,000,000 4
$5,000,001 and up 6
Scoring - see Attachment l
Adjustment Consideration #l: The St Lucie County Commissioners may consider an individual
or company docurnentation indicating that the business is going to be critical to attracting other
key businesses of that industry cluster; in thase incidences, program guidelines may be adjasted
on a case-by-case basis.
Note: These are guidelines only. Each exemption is determined on an individual case basis by
the Board of Counry Commissioners.
Revised 10/28/03
16
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St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
ANNUAL REPORT
App)icant Name:
As required by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of
County Commissioners St. Lucie County, Florida, this form is to be filed with the Board of County
Commissioners no later than January 31 of each year the exemption is desired.
1. Business Name:
Mailing Address: city/zip
2. Name of person in charge or owner of Business:
Telephone No.: ( ) Fax No.: ( )
3. Location of Business (lega) description and street address) of property for which this report is filed:
4. Date Business opened at this facility:
5. a. Description of the improvements to real property for which this exemption is requested;
b, Date of commencement of construction of improvements:
6. a. Description of the tangible personal property for which this exemption is reyuested and date when
property was purchased: (Provide this information on State form DR-405 (Tangrble Personal
Property}
b. Average Value of Inventory on hand:
7. Have you maintained the definition of a"New Business" or an "Exemption of an Existing Business" [ J
[ ) Yes [ ) No
8. Describe the Type or Nature of Your Business:
9. Trade Level (check as many as apply): Wholesale Manufacturing [ j Professional
[ ] Office [ ] Service [ ] Other
10. a. Number of new full-time emptoyees employed in St. Lucie County, Florida:
(1) Increase in productive output resulting from this expansion qo
(2) Number of St. Lucie County residents employed
(3) Total number of hours worked during calendar year of exemption
1
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(4) Toial gross wages paid during calendar year of exemption
(less the top executive's salary)
(5) Number of employees prior to filing for an exemption
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility - one (1) location only di vided by ~otal sales
Everywhere from this facility - one (1) location only
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
a. Date of incorporation in Florida:
b. Number of full-time employees at this location:
13, If requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I agree to furnish such other reasonable information as the Board of County Commissioners; St. Lucie County,
Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by
the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone
other than the taxpayer, his declaration is based on a!1 information for which he has any knowledge.)
DATE: SIGNED;
(Preparer)
SIGNED:
(Taxpayer)
(Preparer)
TITLE:
(Preparer's Telephone Number)
PROPERTY APPRAISER'S USE ONLY
1. Estimate of the revenue which will be lost to the County during the current ~sca] year had the exempt
property otherwise been subject to taxation: .
2. Estimate of the taxable value lost to the County:
Improvements to real property: Tangible Personal Property:
DATE: SIGNED:
(Property Appraiser)
~ ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
Total number of employees: Current hourly wage:
RETURN TO BE FILED NO LATER THAN JANUARY 31
10-28-03 - H:IECONOM1ClADVALOREMWPPLICATION
2
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St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-?A, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
SUPPLEMENTAL APPLICATION
Applicant Name:
NOTICE: This supplement is to be used by the Applicant to provide additional information required by
the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St.
Lucie County, Florida; and to provide other information requested by the Board of County
Commissioners and the entities that will review the application. Please provide a one page narrative
describing the company and the relocatiott/expansion plans.
1. Length of exemption requested is a tatal of years (length of exemption approved is sole
discretion of the Board of County Commissioners and commences on the adoption date of the ordinance
granting the exemption).
2. Property Owner Name:
Address: city/zip
Telephone No.: ( ) Fax No.: ( )
3. Authorized Agent:
Address: city/zip
Telephone No.: ( ) Fax No.: ( )
4. Type of Industry or Business:
S. Anticipated new capital investment as a result of expansion or relocation of Business:
New construction: New tangible personal property;
6. Environmental impact of Business. (Identify the number of and type of environmental permits required
as a result of this project: e,g. air, soil and water pollution, water and sewer, dredge and fi11, stormwater,
~ industrial waterway):
7. This relocation or expansion would not occur without the exemption: Yes No
8. Source of supplies (local or otherwise):
~lo source of supplies County:
~~o source of supplies Florida:
~lo source of supplies out-of-State: ~
9. Business is/will be located in a community redevelopment area: Yes [ J No
Name of area:
1
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, , .
I hereby confirm the information provided by
County Commissioners, Economic Development Division, St. Lucie County, Florida, fort hehpurpose of
calculating the economic impact and benefit of the proposed tax abatement is irue, accurate and complete. I
further confirm that is not in violation of any federal, State or
local law, or regulation governing environmental matters:
DATE: SIGNED:
(Preparer)
SIGNED:
(Taxpayer)
(Preparer)
TITLE:
(Preparer's Telephone Number)
ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
EDD Economic Impact Analysis:
Staff's recommendation:
Date: Signed:
! (print name and title)
10-07•03 - H:~ECONOMICIADVALOREMISUPPLEMENTAL APPLICATION
2
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S~ Lucie County Board of County Cornmissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
SUPPLEMENTAL APPLICATION
Applicant Name:
NOTICE: This supplement is to be used by the Applicant to provide additional information required by
the Economic Development Tax Abatement Ordinance 03-258, Board of County Commissioners, St.
Lucie County, Florida; and to provide other information requested by the Board of County
Commissioners and the entities that will review the application. Please provide a one page narrative
describing the company and the relocation/expansion plans.
1. Length of exemption requested is a total of years (length of exemption approved is sole
discretion of the Board of County Commissioners and commences on the adoption date of the ordinance
granting the exemption).
2. Property Owner Name:
Address: city/zip
Telephone No.: ( ) Fax No.: ( )
3. Authorized Agent:
Address: city/zip
Telephone No.: ( ) Fax No.: ( )
4, Type of Industry or Business:
5. Anticipated new capital invesiment as a result of expansion or relocation of Business:
New construction: New tangible personal property:
6. Environmental impact of Business. (Identify the number of and type of environmental permits required
as a result of this project; e.g, air, soil and water pollution, water and sewer, dredge and fill, stormwater,
industrial waterway):
7. This relocation or expansion would not occur without the exemption: Yes No
8. Source of supplies (local or otherwise):
~ % source of supplies County:
°Io source of supplies Florida:
% source of supplies out-of-State:
9. Business is/will be located in a community redevelopment area: Yes [ J No
Name of area;
1
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.
I hereby confirtn the information provided by
County Commissioners, Economic Development Division, St. Lucie Count Florida, for t hehe Board of
calculating the economic impact and benefit of the proposed tax abatement is true, accurate and complete. ~T
further confirm that is not in violation of any federal, State or
local law, or regulation governing environmental matters:
DATE: SIGNED:
(Preparer)
SIGNED:
(Taxpayer) (Preparer)
TITLE:
(Preparer's Telephone Number)
ECONOMIC DEVELOPMENT DIVISION (EDD) USE ONLY
EDD Economic Impact AnaIysis:
Staff's recommendation:
~
Date; Signed:
(print name and title)
10-28-03 - H:IECUNOM?C1qDVALOREMISUPpLEMENTAL APPLICATION
2
• .
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St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption Application
Ordinance No. 92-24, S~ Lucie County Code of Ordinances
Chapter 196, Florida Statues
To be filed with the Board of County Commissioners, Economic Development Division of St. Lucie County,
Fiorida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional
information, if necessary or requested.
1. Business Name:
Mailing Address: city/zip
2. Name of person in charge or owner of Business:
Telephone No.: ( ) Fax No.: ( )
3. Location of Business (legal description and street address) of property for which this report is filed:
4. Date Business opened or will open at this facility:
5. a. Description of the improvements to real property for which this exemption is requested:
b. Date of commencement of construction of improvements:
6. a. Description of the tangibte persona] property for which this exemption is requested and date when
property was, or is to be, purchased:
Taxpayer's
Original T~ a ~ Appraiser's
Date of Estimate p yer s
Age purchase Value of Condition Estimate of Use Only
Class or Item Cost Fair Market
G~ A~g~ P~O~ Conditiun
1
r
. `
~
b. Average Value of Inventory on hand:
c. Any additional person property not listed above for which an exemption is claimed must be returned on
form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form.
7. Do you desire an exemption as a: "1Vew Business" or as an "Exemption of an Existing Business"
8. Describe the Type or Nature of Your Business:
9. Trade Level (check.as many as apply): Wholesale [ J Manufacturin
~ ] Office g [ ] Professional
[ ] Service [ ] Other
10. a. Number of new full-time employees to be employed in St, Lucie County, Florida:
b, If expansion of an existing business:
(1) Net increase in employment
(2) Increase in productive output resulting from this expansion
(3) Number of St. Lucie County residents employed by Business
c. Average hourly wage
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility - one (1) location oniy divided by total sales
Everywhere from this facility - one (1) location only
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
Date of incorporation in Florida:
a. Number of full-time employees at this location:
13. lf requesting an exemption due to location in a slum or blighted area, please furnish such additional
information as required by the Board of County Cammission or Property Appraiser.
I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above
property pursuant to Section 196.1995, Florida Statues. I agree to furnish such other reasonable information as
the Board of County Commissioners or the Property Appraiser may request in regard to the exemption
requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and
complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his
declaration is based on all information of which he has any knowledge.)
DATE: SIGNED:
(Preparer)
SIGNED:
(Taxpayer)
(Preparer)
TITLE:
(Preparer's Telephone 1Vumber)
2
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PROPERTY APPRAISER'S USE ONLY
1. Total revenue available to the county or municipality for the current fiscal year from ad valorcm tax
sources:
2. Revenue lost to the County or municipality for the current fiscal yeaz by virtue of exemptions previously
granted under this section:
3. Estimate of the revenue which would be lost to the County or municipality during ihe current ~scal year
if the exemption applied for were granted had the property for which the exemption is requested
otherwise subject to taxation:
4. Estimatc of the taxable value lost to the County if the exemption applied for were granted:
Improvements to real property: Tangible Personal Property:
5. I have determined that the proper[y listed above meets the definition, as defined in Section 196.012
(15) or (16), Florida Statues, as a New Business as an Expansion of an Existing Business [ J or
Neither [ J. '
6. Last year for which exemption my be applied:
DATE: SIGNED:
(Properiy Appraiser)
RETURN TO BE FILED NO LATER THAN MARCH 1
I
1U-07•03 - H:IECONOMICIADVALOREMWPPLICATION
3
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ORDINALiCE N0. 92-24 ' '
]?~T ORDIHA~ICE AI~NDI~TC~ CHAPTER 1-19 .3 (TA7CATION) OF 4
THE CODE OF ORDINANCES OF ST. I~UCIE COUI~'1'Y, A~ p~
FLORIDA, SY CREATING ARTICLL* V (ECONOI~IIC q ro~
DEVELOP~NT AD VALOREM TAa ESEMPTIONS) RELATINd TO a z~
ST. I.UCIE COUNTY, FLORIDA, TD ENCOURAGE ECONOMIC m~
DEVELOPMENT IN TSE COUI~TTY; ESTABLISHING AN p
E7C~[PTxON FROl~ CERTAIN AD VALOREM TA7CRTIO~T FOR
_ CSRTAIN NEf~T AND EBPADTDINGi SUSINESS PROPERTZEB; o:~ ~
PROVTDING DEFINITIOHS AND REQUIREI~NTS; PROVIDING
PROCEDURE$ FOIt APPLICATION FOR E7CEMPTIOH; w N n
~PECIFYING DUTIES OF THE PROPERTY APPRAISSR ILT ~ N~
CU~ECTION WITH $UCH PROPLRTY; PROVIDI~iG FOR w N,y
CONFLICTINa PROVISIONS; SEVERABILITY AHD x'
APPLICABILITY; FILING WYTB THE DEPARTI~lEN'r OF BTATEt ~ o
~ EFFECTIVE DATE~ ADOPTION; AND CODIFICATION ~~1~'
u, Q~ ~
~ ~ r~
1fH$REAS, the Board of County Commissioners of St.~ Lucie ~
w
County, Florida, has made the following determi.nations: ~ o G
xJ r•
1. Section 19b.1995, Florida Statutes, provides the Baard of rt
~
o~
Count Co~missioners ma hold a referendum o 0
Y y granting 8conomic ~ ~
n
rt
Development Ad Valorem Tax Exemptions under Section 3, Article VII ~
i
~
of the State Constitution.
N
2. This Board believes that amending Chapter 1-19.3 W~.
~
(Taxation) of the Code of Ordinances of St. Lucie County, Florida, ~
. y
by creat.ing Economic Development Ad Valorem Tax Exempta.ons for a ~ o
a
new or expanding business is in the best inte=est of the health, N rt
~
safety and public we].fare of the citizens of St. Lucie County, ~
0
Florida. 0
~TO~nT, THEREFORE BE IT ORDAINED by the Board of County
Commissionezs of St. Lucie County, Florida:
passages are deleted. Underlined passages are
added.
1
. ~
PART AMENDMENT OF CBAPTER 1-19.3 (TAXATION) OF Z'AE
CODE OF ORDINANCE$ OF 8T. LUCIE COUNTY,
lZORIDA.
Chapter 1-19.3 (Taxation) of the Code of Ordinances of ~
St. Lucie County, Florida, is hereby amended by areating Article V o
x
(Economic Development Ad Val.arem Tax Exemptions) to read as
follows: 0
~
Chapter 1-19.3 N
W
TlUCAT I ON
ARTICLE V. ECOI~iOMIC DEVELOP2dSNT ~
AD VALORBM TAJC E~TIONS ~
~
sectioa 1-19.3-51. Short Title. ' N
~
Tt~is Ordinance shall be known as Ceunty Ordinance No. 92-24 0
N
"Economic Development Ad Valorem Tax Exemption Reaulations of St
I,ucie County, Florida.°
~ection 1-19.3-52.~ Eaactment aad Autboritv
~ursuant to Section 3. Article VII of the State Constxtution
a~d in accordance with Chapters 125 163 192~ 196 and 214 Florida
Statutes and Florida Department of Revenue Rules. Chap„ter 12D-7,
Florida Administrative Code, incorporated municipali.ties and
counties inciividuallv o*- in combination are suthorized and
empowered to adopt, amend or revise and enforce an ordinance
relatina to economic development ad valozem tax exemptions, after
the electors of such municipality or county; voting on the question
in_a referendum, authorize the adoption of such ordinance
passages are deleted. Underlined passages are
added.
2
~ •~ctioa 1-19.3-53. Juriedfctioa.
The area sub'ect to this Ordinance shall be inco orated and
_ ~
unincornorated St. Lucie Count,y
~
Sect3.on 1-19 3-54 Puraose and Iateat
w
The ublic health safetv camfort, economy ~
order x
convenzence and veneral welfare require the harmonious orderly and ~
proqressive development of new business and expansion of existinq ~
N
business wi~hin Florida and its incorporated municipa~ities and ~
counties. In Purtherance of this eneral ur ose counties b
ro
~
Cha ters 1 5 163 192 196 and 214 F orida Statutes and Flor' a ~
~
De~artment of Revenue Rules Chapter 12D 7, Florida Administrative N
ode are authorized and empowered to adopt amend or revise and ~
' 0
enforce measures relatin to economic develo ment ad valorem tax N
• exemDtions for new business and expansion of existina business. It
is the i.ntent'of this Ordinance to secure or to ensure:
1. The establishment_ of criteria for ~grantinq, such ~
exem tions to certain t es of businesses or industriee
or for denvina exemntions on a rational nonarbitrary
nondisc nato basis b the Board of Co nt
Commissioners.
No recedent shall be im lied or inferred b the rantin
of an exemntion to a new or expandinq business
Ap~~.a.cations for exemDtions shall be considered by the
Board of Countv Comanissioners on a cese by case basis for
each a~pll.cation after consideratian of the Propertv
A~Araiser~s reAOrt on that annlication
3. Anv exempticn
qranted shall apply up to one hundred
~erce~t f100$1 of the assessed value of all imnrovements
to real pronertv made by or for the use of a new buginess
and all tanaible nersonal Aronerty of such new business
or un to ane hundred nercent (100$) of the assessed value
of all added improvements to real ~roperty which
additions are made to facilitate the expansion of an
s~~~g~E ~~g~r passages are deleted. Underlined passages are
added.
3
• existina business and of the net increase in all tancti~le
personal property acauired to facilitate such expansion
of an existina business.
4. P~iy exemption shall be up to a full ten f10) vear period
from the time the exemption is aranted. ~
_ ~
5. No exemption shall be aranted on the land which new or p
expanded businesses are to be located ~
x
6i i~o exemption shall be aranted on school or water ~
manaaement district taxes or on taxes Zevied for pavment ~
of bonds or taxes authorized a vote of the electors cf
the County Aursuanti to Sections 9 or 12 Art~cle VII of N
the State Constitution.
Sectioa 1-19.3-55. Defiaition of Terms. b
. ~
~
~he followina words, Ahrases and terms shall have the same ~
meaninas attributed to them in current Florida Statutes ~nd the N
Q1
Florida Administrative Code excevt where the context clearlv 0
indicates otherwise: ~
1. Applicant - Any persen or corporation submitting an
Economic Development Ad Valorem Tax Exemption application
to the Board.
2. Board - The St. Lucie County Boarti of Com~[tissioners
3. Business - Anv activi~y engaqed in by anv person
corDOration or compan,y with the object of private or
public qain. benefit or advantaae either direct or
indirect.
3.1 New Business -
a. A business establishina 10 or more jobs to
emAloy 10 or more full-ti.me employees in this
Countp, which manufactures processes,
passages are deleted. Underlined passages are
added.
4
,
~ . .
• comnounds, fabricates, or produces for sale
items of tanaible personal,property at a fixed
location and which comprises an industrial or
0
z
manufacturing ~lant1 ~
0
b. A business establishinq 25 or more iobs to x
emt~lov 25 or more full-time employees in this ~
Countv. the sales factor of which as defined ~
N
.by s. 220.15f5~, Florida Statutes for the W
facilitv with respect to which it requests an
ro
~
economic development ad valorem tax exem~tion ~
t~
is less than 0.50 tor each vear the exsmption N
ia claimed. No business engaged in retail ~
0
operations as defined herein shall be eliaible ~
~or an exemntion pnrsuant to this subsection
• or ~
c. An of fice space in this „ state owned and used
bv a cor~oration newZy domiciled in this
Cou~ntv: provided such office space houses 50
vr more full.-time emplovees of such
carporation; urovided that such businese or
office .first beains operation on a site
clearlv seAarate from any other commercial or
~ndustrial operation owned bv the same
business.
~~=~e~ ~~gk passages are deleted. Underlined passages are
added. .
5
~ " d• Anv business located in an area designated
enter~rise zone that first beains oneration on
a site clearly separate from any other
0
commercial or industrial operation owned bv ~
o~
the same business.
0
x
3•2 Ex~ansion of Existing Business O
a. A business establishinu 10 or more jobs to ~
emplov 10 or more full-ti.me employees in this W
Countv, which manufactures. Drocesses
ro
comAOUnds fabricates or produces far sale ~
itema of tanaible personal property at a fixed N
location and which comprises an industrial or ~
~nanuf acturing nl~nt • or ~ ~
~
b• Anv business establishinq 25 or more j obs to
em~loy 25 ar more full-time employeea in this
Countv, the eales factor of which as defined
bv s.220.15f51, Florida Statutes for the
facilitv with respect to which it reauests an
economic development ad valorem tax exentption ~
is lesa than 0.50 for each vear the exemntion
is elaimed Arovided that such business
increases onerations on a site colocated with
a comm~ercial or__ industrial operation owned by
the same business_ resultina in a net increase
in emplovment of not less than 10 percent or
passages are deleted. Underlined passages are
added.
5
' • an increase in Droductive output of not less
than 10 percent No business enqaqed in
retail onerations as defined herein shall be
0
eliqible for an exemption pursuant to this ~
m
0
subsection b. o
x
~_business located in an enterprise zone that
~
increases anerations on a site colocated with ~
a conaaercial or industrial a eration owned b N
W
the same business.
ro
3.3 Business enaaaed in retail operations a business ~
enaaaed in a sale to a consumer or to anv nerson of
N
an item of tanaible AersonaZ Aroperty for anv Q1
Aurposes ather than for resale. ~
Q1
4• De artment - The Florida De~artment of Revenue
5• Imcrovements - Phvsical chanaes made to raw lnnd, and
structures laced on or under the land surface.
All nersonal AroAerty acguired to facilitate an
exDansion of an existina business provided that the
personal nronertv is added or increased en or after
the dav the ordinance is adonted However personal
propertv acauired to reAlace existinQ progerty shall
not be considered to facilitate a businesses
exnansion
6. Sales Factor - A fraction the numerator of which is the
total sales of the tax a er in this state dur'n the
S~~e~E-~•~~ passages are deleted. Underlined passages are
added.
7
' ~ . '
~ • taxable vear or period and the denominator of which is
the total sales of the taxpayer ever,S?where during the
taxable vear or ueriod. (See Section 220 15(5) Florida
0
Statutes for specifics of computation) ~
00
Sectioa 1-19.3-56. (;eneral.
°o
x
The Economic Development Ad Valorem Tax Exemntion is a local O
option tax incentive for new or expandina business which may be ~
qranted or refused at the sole discretion of the Boa~d To annlv
fo~r such an exemption a business locating or expandina in the
ro
cor~orated or unincorporated area of St. Lucie Countv must file an c~i
~
apnliaation fFlorida Department of Revenue Form DR-418.~- See N
Attachment 1) with the Board QI
Satisfactory proof that the Lusiness meets the criteria for ~
J
exemption as a new business or expansion of an existinc~ business as
defined bv this ~rdinance must accompany the Anplication.
The Application shall be filed on or before 1 March of the
vear in which an exemption is reguested
Exemntion from County tax may only be aranted by the Hoard
The exemption aranted under this Ordinance shall not accrue to
imnrovements to real ~roperty made by or for the use of new or
exnandinQ businesses when such improvements have been included on
the_tax rolls nrior to the referendum authorizins this Ordinance
Section 1-19.3-57. Procedure.
Befoze the Board acts on an application it must be submitted
to the Property Appraiser for review After careful consideration
passages are deleted. Underlined passages are
added.
8
~ •the ProDertv AApraiser shall report to the Board concerninq the
fiscal impact of grantina exemptions.
The Property Appraiser's Report shall include the followinc~,s
0
1. The total revenue available to the Count for the current ~d
iscal vear from ad valorem tax sources. w
8
2. The amount of revenue foreqone bv the County for the x
current fs.scal vear because of ecanomic develonment ad
valorem tax exem~tions Areviously qranted 0
3. An esti.mate of the amount of rev nue which would be ~
foreaone for the current fiscal year if the exemption is N
granted to the new or expandina busiaess W
4. A determination that the business meets the detinition of ro
a new or expandina business as defined in this O~dinance ~
U on re est the e ar.tment will rovide the Pro ert ~
Appraiser such information as it mav have available to
assist in makinq this determination
~fter consideration of the report of the Propertv Appraiser,~ ~
~
the Board mav choose to adopt an Ordinance arantina the tax ~
exemAtion to a new or exoandinQ business The Ordinance shall be
adopted i.n the sr~me manner as any other ordinance of the Coun~v
~'he Ordinance shall include the following information•
1. The name and address of the new or exoandinu business.
2. The amouat of revenue available from ad valorem ~ax
sources for the current fiscal year revenue foreaone for
the current fiscal year because of economic develo,gment
ad_valorem tax exemAtions currentlv in effect and the
amount of estimated revenue which •-ould be foregone
because of the exemption granted to thy new or expandina
business. •
3. The exoiration date of the exemptian (Up tq,ten years
from date of Board ado,ption of the Ordinance aranting the
exemntion)
4. A findina that the business meets the definition of a new
business or an expansion of an existing business
~~F~g# passages are deleted. Underlined passages are
added.
9 ~
~ 5. The Board's suthoritv to revoke an exemDtion if the
business no lonaer satisfies the criteria for the
exem~txon.
Section 1-19.3-58. Fees.
0
Fees charaed to offset the cost of processing the Economic ~
00
Develonment Ad Valorem Tax Exemption Apnlication o~ any Exemption o
x
Ordinance shall be adopted by the Board by resolutian. 0
Section 1-19.3-59. Eliqible Business or Iadustry ~
A~buainess or industry as defined in Section 1 19.3 55 N
W
Paraara~h_ 3.1 and 3 2 that does not qualify as an ineli iq_ble
b
business or industry as defined in Section 1 29 3 60 ~
~
When considerina the issue of whether or not a business or
N
i.ndustrv is an eliaible business as defined herein, the Board shall 01
consider the anti.ci.Aated numbez of emolovees average wage, type of ~
~0
industry or business environmental impacts volume of business or
roduction or anv other information 'relatina to the issue of
whether the prouosed develonment would significantly improve
ecanomic develotiment in St. Lucie County prior to acceptinq the
~conomi.c Develonment Ad Valorem Tax Exemption Application The
criteria for determinina the lenath of an exemption and the
.~ercentaqe amount of an exemption mav be formulated by the Board bv
resolution. The criteria shall provide for incentives for
businesses that employ St. Lucie County residents who establish
permaaent domicile pursuant to Florida Statutes
passages are deleted. Underlined passages aze
added.
10
~ •Sectioa l-19.3-60. Ineli ible Susinass or Iadust .
Anv business or industry in violation of any federal state
or local law or reculation aovernina environmental matters such as
air, water, and noise nollution. + ~
- x
~
0
0
x
Section 1-19 3-61 Anpeals
0
The decision of the Board not to grant an Economic Develo,pment 0~
Ad Valorem Tax Exem tion to a articular business or indust is N
~
sub-iect only to iudicial review pursuant to the Florida Rules of
ro
AApellate Procedure ~
t~
Sectioa 1-19.3-62 - 1-19.3-70. Reserved. ~ N
~1
PART H. CONFLICTINQ PROVISIONS. ~
0
Special acts of the Florida legislature applicable only to
unincorporated areas of St. Lucie County, and adopted prior to January
1, 1469, County ordinances and County resolutions, or parts thereof,
in conflict with this ordinance are hereby super$eded by this ordinance
to the extent of such conflict.
. PART C. SEVERAgILITY AND AppI,ICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, i.noperative, or voa.d, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable
to any person, property, or circumstance, such ho7.ding shall not aftect
its applicability to any other person, property, or circumstance.
~-~e~ passages are deleted. Underlined passages are
added.
11 •
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' ~ .I. .
• . PART D. FILIN(~ i~iITH THE DEPAR'Pl~NT OF STATE.
The Clerk ia hereby directed forthwith to send a certified copy
of this ordinance to the Bureau of Administrative Code and Laws,
Department of State, The Capitol, Tallahassee, Florida, 32304. ~
z
PART E. EFF$CTIVE DATE. ~
O
~
This Ordznance shall take effect only upon approval by the voters
on November 3, 1992 of the ballot question authorized by the Hoard 03
in Reaolution No. 92-175. N
~
PART F. ADOPTxON. ~
~
After motion and second, the vote on this ordinance was as ro
~
m
follows:.
,
Chairman ,7im Minix Ayg N
Q1
Vice Chairman Jack Rrieger AYE N
F~
Commiesioner Judy Culpepper AYE
Coum~i.ssioner Havert L. Fenn AYE
Coaunissioner R. Dale Trefelner AYE
PART G. CODIFICATION.
Provisions of this ordinance shall be inaorporated in the Code
of Ordinances of St. Lucie County, Flozida, and the word ""ordinance"
may be changed to "section^, ~~article", or other appropriate word,
and the sections of tha.s ordinance may be renumbered or relettered
to accomp].ish such intenti.on; provided, however, that parts B to G
shall not be codified.
S#-~~e~E '--~~q}~ pa;~sages are deleted. Underlined passages are
added.
12
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PASSED AND DULY ADOPTED TH18 6th day of October, 1992.
11TTEST: BOARD OF COUNTY CO)Q[IS$I~A1i~~c
ST. LUCIE COiJNTY, FypRZ~i
• • 'a;, 1 O
~-y,i . ;o
~ ~``:~,Y~:!: r y~~ CBAIRMAST . . . ,'i p
,"~''~:'~•a.~''°''
~c:i~~•~ APPRO AS TO P'OItK ~,,;.4:`'' v O
e' 1" , tt' CO C S: ~ ~
. ~r ~~l ~
< . J ` ~ N
<<~~` F., W
° covr
CO Y A TO
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. ~t
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N
s~~~e~~E y~,
added. ~ Passages are deleted. Underlined passages are
13
bll~'i. ~ • • "
M.~anc ' , ECO\O JEVELOP.~~g~7 AD VALORE~ KE~lPT10N ~
Cfi~ptcr 196. Flonda Statutes •
7~» ~ MM tM ~ou~ ol COYnry COimn~µloMn. IM ~or~rnln~ PsarU ef 1~~ MuMC1YN1tY. er Co~11, no btrr IMn MuC~ 1 01 tn~
MuWO ~e Yk~ H/Kt.
. y.n 1~~ pt~~nCtlon M
1. MrNMM M~m~ sntl WMIn~ AlOrw~: . ~
~ ry~~ M~e n~me ~n0 tneonen~ numwr ol pwn~r or hnoe In Cn~r~. or enb p~Nn~:
N~me
Trlep~~n~ Nume~r
7. fa~el Leutlen (L~~N ptrCrlYtlOn ana Stnet AAOrM~) 0/ Mop~RY }or wnkn tnll ntum 1~ flNtl:
Stl
Dn~ you a~~n, er wiu wpn. Oui+n~u ~t tnh ~aeroty: ~
F a. OpMpqon ot tM ImOror~m~nU to rsY Propfrty for ~kh 1DY ~:~mptlon M ndrptb:
C. D~t~ of Comm~lKwn~nf OT eon~iryCtlOn of ImP~o~~m~nb;
i. • Onoelouon s~ me unNa~ o~nenU nrop~rty for wn~en thh ~k~m0~~on M nou~ne ~na
Wtt rMn Pmy~Rr wu, or N Is ue, DuroMi~tl:
TAX~AY[R'S ~
liTIMATC
DATE TAX?AVER't ~ APPRAtSER~S ~
CONDITION EST~MIIT[ pF o
CLI?SS OR ITfM OF OR~OINA{. e FAIq MARKET ' U5E ONLY
AGL ~URCNASE COtT ~°p ~ e VAW[ ~ N
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e. Ar~r~ VNUe e} I~~~ntery en ~~n11:
~ AnI tW1tlsMl P~~sOnal proC~rq nst I4H0 ~oore /w wl~k~ an ~N~TPtIOn i~ elUe~~O mu(t 4~ nturn~C on term D11~06 (T~nflWe ?i~eml hoMrty Tu
R~lum) ~n~ ~ pePY ~lUCh~C to thi7 to~m,
~ 7. D~ yeu eWn ~K~nytlen a~ ~~N~w wWn~u~~ ? or u ~n ~ExWplon ol ~n lxktlM ~us~n.u•~ ?
DMC~IW tMTyPt or N~Wn o1 Your ~urlnps~
- TMf LIWI (CM¢k af enan? Y aVOIYIs Rf Wl O wnaaau~
??aanutsewne~ ? rrors~~enai O Suvk~ Q o~~iee ~7 o~nv G
M 4 Phmwr ol euu.ume ~mpe~~ to M~maer.a ~n FleAw
w u,n uy,m~on oe ¦n eaicpnr euunwa: ~ .
(1) N~1 InCr~e In ~OIOYmlM7
or
I:1 ~nws~se m croouenre oumui .eimune trom mn e~o~m~on ~
11. Saqs ~~norforinr ~adl~q naunun~ ~xemobom
~ 7et~~ ~na in FIONO~ trem thit f~ellltr•ons p) ~ee~fien emy .
a~auro oy
T~t~l Nl~i Mryw~~R Ilom t~h qe{Ilty-O~~ (1) IocaliOn OMy
fi iM oMle~ ~WO~ ywn~0 ~nY Yf~u by ~ Coryonqen MMr1y domkll~tl In FlaMC~: ~ 'K
. a. Mb of InesrnonUOn In FlorIM:
A MumMr oe RWwtlm~ ~moley~n ~t t~if ieestlon~
7s. u naunun~ ¦n •M.mot~en uu~ ~e ieoatbn ~n or eiqnna a..~. vkata iurn~in wen ~Oalllon~~ Imormstloa a~ nvuh~a er t~e County Comma~lvn,
Gq Commlulon, or hop~Ry AypraM~r,
1 h~npy noue~t fn~ ~aentlen e~ an ordinsncr sr~ntin~ an tx~mvt~on f~om ~e r~~onm t~Kation on fn~ ~bo.~ propMV vunuan~ lo S~stlen 1l0.1ffi. Florlw
M1SYte~, 1 i~n~ ~0 tYlMfll fYCll OM~f fN~onablf In10I111~t10n N t~~ BO~Itl of CoYn~Y Commb~lon~n, ihr yoYSfnln~ ~YI~OrItY Ol t~e e11unlClpalltY. Cf iM ?IOP
~R IWOrako m~Y n0~et1 In nyartl to me ex~mpdon ~t0untetl ha~in. 1 ~~nbY c~r11rY 1Mt I~e IMOrm~llan ana ~~luaqon fbletl ibov~ pY me la trv~. eomet.
MM tolnyl~tt te tlle Oqt of mY kneWl~Ofe ~ntl 4~li~t. (11 PnPireC bY ~omtone otne~ inan tM NiO~Yer. nl~ C~el~r~tlon it bue0 onl11 Inlorm~tion ot wf11Ch ~e
W ~nY knewletl9~,)
DATE:
SIGNED:
~ (rreosnr~
si~neo:
a...,Y.~~
~ (Prso+rer'i qoareu~
TITLE:
(rKD+~~~'t Tel~y~one Number)
tROPERTY APPAA2SER'S USE ONLY '
i TMN nv~nye ~vall~qs to tM eountY or inunlcloallty lar tne eur~nt n~eai y~ar trom sA r~lorem lak ~oures~:
~ RM11Y~ IOfI 10 lflt COYIIIY O~ 01 TY~~Ci0~I11Y 101 Illt GYfKllt f11G1 Yl11 pY Yif~Yf Ot ~MtTp11011i Olfv10Yf1Y P~~I1[~0 Y11tl~f 1~11 ~fcil0~:
1~1. Efqm~le of tne RvenYe wnle~ vroula Oe Imt to Mt eounry or muniuY~111Y durin~ Ine eur~tnl ~iaeal Ya~r H Ine tR~mpllon aDni~ea lor were qr~nteC naa tha
~~f~ty IOr yrllkh I~t ct~mCllOn h ftpufflftl O1h~Iwhe O~fn fYOjsCi t0 l~XltiOn:
N. £fnm~le o1 Inp taa~0le r11ut loil to Int COUn1Y Or mun{Ciy~IItY 11 iht ~aemptlon aPDliea fo~ were qranlta:
~+~~ov~mrnb to rul orooeRy
V. I l~ir~ tlel~rm~ntG lnil Ih[ ProPerlY lifll0 a00rt me~lt Ihe Oelin~lion~ il Oeline0 Y SeCtioln11iY012S11) Dr (1 SJ~ FIOIItl~ St~lYlef. al a Nevr Bunnhf
~sws en oi an Ensun~ Buuneu ~ o. Ivenner
ru. ~n. w~q~ eMeTpl~en „~ar u.co~~.o
~TE:
SIGNED:
Iw•.W Aooraner~
~7EILiRN TO 13E FILED NOT Li1TER TtIAN 4fARCH 1
~ • Ai'TACHMENJ' 1
R
i ~ \ ~ ~
. • OR BOOK O 8 2 3 PAGE 2 6 1 4
• GENER.~L INFOR~tAT10\ '
' t'Jnder thc consitut~onai ~mendment passed b}~ tlie voters of Florida on October 7, 1980, tax exemptions can bc
p~anted to nrw• and cxpanding husinesses only after the voters of a city and/or county vote in a referendum [o allo~~
exempuons tor tti~t city or count~. Section ]9GJ995, Florido Statutes, requires that a referendum be hcld if: (1) Thr
9oard of Couni>~ Commissioners or goveming authority of a municipality (c~ty ot county commission) votcs to hoic
?uch a relerendum. or l'_') 11' tlie counry or niy commission nceives a petition signed by ten percant of the registerc;:
vo~as of the county or city. This reCerendum question can then be placed before the voters of' a city ar county at an>•
rcgular eiection or special election called far voting on Uie tax incentivo referendum or for any othcr purpose.
1f thc voters authorize exemptions, a company must trst meet Ute definitions of a new or expanding business
New~ Busjnesa
~a) A manufactUrer which establishes ten or more full-time iobs.
(b) A business with more tlian SOir of itc sales outside the State of florida which cstablishes :5 or morc
pbs.
(c) Office space of a new Florida corporation housing 50 or more full-time employees of the eorpc••
ration.
(The abovc are applicable if the business is on a site clearly separate from any, other facility owned by t: c
same company.)
(d) Any business located in a slum or bfiFhtec! area as defined by Section 163355. Plorida Statutes.
Eanansion of an E+cistin~_Bu~;,Pe«
la) A manulac[urer tna[ aods a minimum of ten new employees and increases employment by 10i or
increases productive output hy a minimum of 10;%r.
(b) A business H•ith more than SO~c of its sales outside the S~ate that ~dds a minimum of ~5 new er~•
ployees and increases employment by IO%r or increases productive output by a minimum of ]0".
The expansion must be on the sam~ or a colocated si~e of tl~e business' current o~+eracions.
a business meets one of the abo~•e definit~ons as a neu~ or ezpanding business. it must tlien file tliis applica-
tion with the county or city commission or both.
After the city or county commission receives this appfication. it must su6mit the appl~cation to the county
}[operty appraiser for review, After the property appraiser makes die report as to the fisca) irripact of Franting che
exempt~on, the county or city commission shall then adopt an ordinance in tlie usual manner-granting the exemp[ior.
if it chaoses to do sa
A business cannot receive exemption from school taxes or water management district taxes. Also. e business
must pay taxes that were voted by the voten of a ciq~ or county to pay for bond issues and othrr special taa levics
authorized by the voters of a city or counry.
The exemptian can only be for the improvements to the real properri~ and for tan~ble pcrsonal property. The
land on ~vhich the new or expandinr business is to be located a~ill st:ll be taaed anc~ ~r• ~s must be paid on it.
T'kte action tsken by a city or county commission can only exempt the taxes paid to that covernmental bod~~. .A
eity~ can only eaempt its taxes: a county can only eaempt its taxes. ?.11 otJier taxes must be paid.
This exemption shall first appl,v to ihe 1981 assessment rolls.
S'TATUTORY DEFINITIONS
•.se~en ~ta.aae~7~. F~ena Sutuin. ^swm 121 A~r ous~nas .suci~sn~nq i5 or ~+o.e ~ooi o.o io ~ owonavr vnini~ ~ms ~tn~. nwrmas o~
M~1" 1M~M 7n 111 WI11Ch tn~rf if ~ PI!• 1o fnIPIDY 25 Or mps lull.l~m~ s~I1PI0Ytt{ 111 In~ f.O.D. OOlfll O~ 0111~f C0110illOnf OI llif HI~.
~om~n~~KS 01 puil0lnp~ O~ ImplOVlTenft, FIOr10J, t~e H~eF t~i~0~ 01 w~iCR, pf11nl0 OY Z. W~tn Cillu~ I~YIf If Otllv~rf0 Dy ~ CODOS~•
w~n~tn~r rqie~ntNl or nomnm~nnai. wnicn or s. 21a )1(31. ~or fe~ Nnu~v witn .eyoee~ lo ~irot for a prowu-m~mWr. bY a 9~ow~r~meme~•
nnon of eWV~wuon, aa..~orauon, •ye o~ wnien n reouesq ~n •oo~om~c oe.~ioomem aa to + coewrn~.v, or or ~ prowrnan~e~wm io .
OCSOnK~nance inio~awte provl~ion IOf N~III!• V~IOI~M qp lY~TW~OO If ~n~ tnsn 0.50 ~o. ucn flon0~ orpeh~or, tne sUn t~por lor ~ucn qrow•
~,011. II'111. ~II~ t~nlti~lOn~ ol OD~n fM[H. nlyn rur tne ~.~mm~on ~s aa~m~o: or - sn ~or wcn cinus trwt a~~i.uw ~o ~ucn o~xa•
~MINIY Of DOOYb1iOn ~n0 OM~CrOWO~np. (3) AnY OlliCS /GJC~ In FIOr~O~ OwneO in0 ~pf fh~ll p~ IM f~T! ~f t11! HI~f t~CtOr f0~ tM
Iftfn[! OI COntllllpnl rvn~tn MOanO~I Ii~C Of PrO~ N~0 GY a GotDOI~IIOn n~W1Y ODm~GIlO ~n FIOrIOa mOTt I~C~III 171t~D1! Y!!I 011f1~t GtOqifDf. Tni'.
~ry D~ 11r! O~ D+nef GUSl:, !i }n. COTD~^ pr4~~0e0 !u[~ n~l~(( ;p~(~ npYft: 50 n m0~! S11f5 fiCTC•, t%DflfteC On~~ ~y ~ p~~CC~17~ot !t"
~f~:~n n• tY:~ T~C:Ot1'~: C~~GVt~v! f0 Iltlli• tUll~~mt !nD~f~V!S: f`t suC', toroOrn~o-~ ~.ov~o• •~.mf oi 1nR OOl~ar yp~~~T! nt ii~ef. SO .
Vmsm~N~on o~ piluse, nq~~~monal .5. iuvemu ea ~nit ~ucn ous~nea or on,ce urst w9m> oom. to ~e~otect Mt Co~i~a~m~ab1Y o1 1n~ i1RS o~ tna
d~~~ovmcy, or erlme me n oevimmta~ 7o tne ~lion o~ a sne c~uny seo~nu Irom aey ofnn orocessor, sna~~ pe furni~nse on tnr renv~s: e•
?Y011C 111~IIfl~ NtttY. mOr~l3 Or w~I1~f0. COmmGtGlll Ot InOUilnal ODttll~Dn{ OWn~O DY ~utn l pfOw~r DromoilY ~h~t 11 n~i oe~n pster•
~1 "&i~~t~d ~n~" rtf~~m 1n an~ In WMC~ ~ne Nme Dulineft. minep 10t Ih~l 1ixlDN Y~~I.
lMre ~n a tubsUnt W numo~~ o~ Slum, oavi. 101 A~Y Ovtln~e~ IouteOln ~o aru oo~iynslaa ~ RamOUrum~M o1 ~xpM~~t un0u ~n ~qenCY
~ntw, or aet~nontlnp strunurp ano tonaroom qvm or b~l'ntw ma ounwm to f. 763.355. Fv eontraa Dn.~wn ~ eoop~ntiys, i P~N.eT~T.
~wlen ma~nq~r IUe or oroDalY OY Ive or mner the DVrppys of Inis tecllon. tne terms ftum an~ ~!I D1 ~ COOMI~11Yt. OI i y~OMM~ ibd ~ p^:HfO~
~MMN Or one or mon Of th~ Ip1lowlnp I~non 0• Dn0~7~a arai fn111 n~w t~e t~me mqn~nq ~y Will 1101 Dt tl~tm~0 ~ f~lt WIt111n IM y1~I0,
M~len ~upsbmi~~iY impiiry or urpt~ me sounu in s. 163.3~DI~l~no IB6 ~ fol Sue~ ol a tlnma~i orqonlsanon. ~nu~oin9.
1?owtn ot ~ countY or munino~litY +no n a 1)5) "E~o~niiono4n ~.IStlnqpuqnnV' m~an~: Out no~ umh~o fo. D~nM~np ~n0 t~rlnys in~fi~u~
1,Nnltf 10 tne puDlit IIliII~. f11f1Y. mOr~H. Or 1~) A buf~nMf tlliDll~h~ny 70 Or mOrt pp{ 10 IIOnS. I~V~ytTfnl comwnies, n~~ fllJtt Invlil~
Mlf~ft In IU OIf3~t1I COIIOIfIOn in0 utl: ~mOlOy 70 OI mOft ~VII~{~mt tmO~oyeet i~ Tent tI113{{, ~ntl brOk~I~y~ tpTD~nlfy. {MIl W in
Yl Pr~OOmin~nce of Csf~cl~ve o~ in~OeCw~e FioriOa. wn~cn m~nul~clurti. u~oCnsts. [om. Init it~te If a~rivetl trom:
atnet uyout; Douna~, I~OriGNS, or O/oCUCes i0~ fa~e ~lem~ pt 1. Feei, Comm~~sio~f. Or Oln~r Compmat~on
~1 F~YI~Y 101 I~YOUt in fe4tlOn Io tiie, ~tl- I~nqlCle P~r~on~l PrOOFIY ~I • ti%p IOGllon fOt tln~nCi~l ~errl[ss tMOer~a wliflln 1~If {Ltt•
~1Y/CY.~CCfiflblll[Y Dr ulClulneis: ina wnlcn tomDrna ~n ~nOUSt~iil Or m~nut~tt- 2. Grps plOfil! ~rom tr~pln9ln ftOtkt. OC^^~
•1 Un~~nlt~ry or ~ns~le Gontlllloni: urlnp pianl: or . o~ otner ~~CUr~tlti manap~tl wlt~~n t~n ~t~~e
~ Q(srlor~[ton ol~ 411f or otner ~mD~ove• (b) Any Dusinsfs Hl~blls~lnq'JS o~ mOr~ ~ppf 3. In~er~{t Intl a~np~no~ reCtiv~O wllnin t~ll
Asnb: 1o emnior 25 0~ mon. ~w~.Ume empiovrel m ~~aq;
Nl T~t OI lPfti~l ~t{~ffminl tlel~n0u0nCY 0~~ FIOrICi. wtlOSt 311[I IaC10/ J* Of11n~0 DY f. i. Intlfpl CMfppO 10 CuS10mlR aI CNCM G'
~Ftlinq In~ (air v~lue of tne I~nO: ~no ~10.7! 13) ~or Ine I~cililY wlln retCecl to wnich Cusinefl ma~nlaiMa wllnin In~{ st~l~ Ior urryi~{
d) Dlwrsity ot ownvanm o~ o~l~aivs or un. reounts an econom~c o~vuoomen~ ~p rHOrem . peoit oaunceti oi mirpin accoums. ..~Inou~ o•~
osw~ contlltl0n{ o~ tllle wnicn yreventf ine ber t+K e.~mption n Nas In~n 0.50 tor eacn vqr ~ne ouction ol ~ny wslt mwrna .n qrry~oq tucn
-~OIIItY OI Ii110 Wlfflin ~h! O![~r10f~1e0 or ~%~mpllOn il Claim~0; COYn[S:anO
~4i~100Yf at~a. - PtOV~d~O t1+1I sucn puSlneff inCtC~fel oGaratlOni 5. An Olll~i
Y prO3f ~ntome reSUlltnq Iro"~ Int
O'~ i illf CoIOGIftl w1I~ J tOmm~fC~il or inOUSI• ODSf~t~nn i3 i I~~an[itl Orp~llrtiliOn w~ln~n lni4
aNlfon 1li.011(1)~ FIOIiOa St~~u/ei . Failure tD r~11 oP~l~1~On Own~O DY IM~ flme Ousin~f~. rt• Il~1C.
wY4e ~potlutlon CY M~ren : ot >nv veir snall aultlnq in a net ~ntreife ~n emP~OY^Knl oi nol
COflflliule ~ w~IYOr Of t~~ l+QTO:~On IOr I~al IHS l~a~ i0 P~fCenl M an intr~~ft in prOpuct~v~ In COmDUI~nq In~ •rnount{ r11lrtltl lo rn t~~f
Yi~t. OutDYI 01 noI Itf31~~n 7~ PtrCOnt. p~~iQf1G~. inv ~mOi~nf ~lCtivt~ ~ m~mOt~ p'
S~Ctlon 1lf.O1S~lA) an0 (15), FIO~iOi SIltutsl. SeCllon 214.71(~). FbrtOi S1~lY~e1 ~ S~NS FJC{OI ~~TII~N1fC plouo (O~t[rmin~0 YnOfr t. 15D4,e1
~1p) "New busina~s" means. o me Intnnu wmenue Cooe. out w~mcu~ •
U) Tne ~ars lactor is ~ tracuon ~ne numer. Hnoce in wnstner anv ~ucn coroorn~a+ n an
fl) A bVNness ntaOliinin9 70 ar more IoD1 lo atOf ol wn~en ~s Ine lela~ f~1es DI ~~t tixPiYSr ~n ••IfIC1uOl01e ColDOr~tion•' u~u~r y. 1506(D) 01 tnr
~P~Oy 10 or more Iu11.~ime fmO10Yle] in Ir11! tU~e aur~np ine ~akaClt yelr or Oerlptl ~n0 Inttrn~l qerenue COOe) irom anolner mrmoe. nt
iyny. wni[n rry~ul~ciurei. OfoCesses. Com. tne asnOm~nator o~ wmcn n ~ne toui »le~ oe tne fuCn proup fllall Of inciua~a on1Y lo fna ea:on~
. MY~{11. I~b~ICi1Qf. O! OfOtlUC~t 10< <~I! 1~em3 O/ IIMO1Ytr lKrywllf~f Ou~~~y Ih[ 11k~01! Yl~r O~ fYC~ ~TOV~t •tq~Of taDl~{H OI Itl~ l~Clplnl
IJ~piOl! P[~fO~JI O~OPl~tY il i I~KeO IOCJI~On ~n0 Pl~IOtl. G~~tGll
..nicn comonss~ maw~nu o~ ma~.,iauunn Y roUtatl Inerslo.
V . 11)i. Silef o1 11np~ble pertonJl oroofrtY are
/M~nl: ~r ~n Ih~S it~l! if l!1! PtOPlr1Y I{ OlIIV~r~O Or f~lp•
O O 9 Z 39vd
E z 8 O xooe xo
~~~a~~wwr~~~~~a~i
~
E ~~.~~n
. CDYMK
CI«~~T.'lYCI~
<~pYN11i . I'N A Z Z •
PU6l.lt: PqRTNERS ~0~~~~
February 28, 2011 ~'A'~~
:..I(j Y'r;f;~C•
L..ifti vi 1 ;'i~ tV~I,P. ~
Ms. Faye W. Outlaw, MPA
r~:n:: ;:i:a~~i~r..,~?;:grsih/
:;;~i s~:5 r~~~r,a,;;,; County Administrator
,:i;a„ ~ .~~;F, c: ,~,F.~~ St. Lucie County
r_ ~:;,mt~~:• o; c..,,, n,e.c;e 2300 Virginia Avenue
sf. s•:~~~;~• ,:~~~i Fort Pierce, FL 34982-5652
. . 1.~. . ....!:I~ j•:S . .
aoARU o~ AovisoR ~EVE~ Dear Faye:
_....-i:•:c;..~:! . ~q ;r,.ii f.ie~'ic,. ! Centtr ?i
=!c:~.; -,:~~<<: - ~:;;>e ^:~ec~ca; Gen!e° The Economic Development Council of St. Lucie County (EDC) requests the Board
!:q.i'!:,~: :'~.~v;t?':,ii.'.: !:p~IlY1 :'rStE':'1'S
of County Commissioners move forwazd on a Job Growth Investment Grant (JGIG)
,~;.t,~:; T~,~ ;~,~,u,,~;;,, ~~,,n;P~ for J.J. Taylor Distributing Florida, Inc. (J.J. Taylor) as per the Board of County
Commissioners' approval on January 6, 2009. J. J. Taylor's decision to locate at
cNaiRr~a;a~s ~eve~ 3021 Crossroads Parkway, Fort Pierce was contingent on receiving ad valorem tax
;~r
r;,,,;,,,,,,;;,;,; abatement and a JGIG. J.J. Taylor committed to hiring 72 employees at an average
c.,~;:-;:~~>; ~~::~;~~~;«9. i;~c. hourly wage of $2236 and $5,800,000 capital investment.
,_;,,i,t
~~':~.~r• kr.r.r.arr~, ~~nr~~r 1J Taylor projections for hiring are as follows:
>e:..::<i5i ~.:-1!a..`.il ~a~,~ Year one: 72
~~:;r,aK c:,. s~.~:.-::~,,:~ Yeartwo: 72
.
Year three: 72
LE~~CERSHIP LEVEI. YCBi fOllC: ~Z
~.s~.;~ :n,. Year five: 72
a ~ t
,._,.t,,; Construction for J.J. Taylor's facility began October 16, 2009 and they opened for
r~ ~~::,::F• r:::;_~::; tae~::::F;;c~.c~, business on May 31, 2010. ].J. Taytor invests in their employees, has a lean e~cient
r: operation and, we believe they will be a good community partner in St. Lucie County.
The contact at J.J. Taylor's corporate o~ce is:
_ _ ~........,,U:.~~~„~.. ~n•:.
COnPORAI'4 t.~vE~ Ms. Karen Connelly
- Cocporate Assistant Controller
;,,.c..~~~;.-: c:;~~;:~,~c, a~, c:;;-;: J.J. Taylor Companies, Inc.
r..::::;~ s z•.:~-,;~:~„ 655 N Highway A1 A
~<r: ~ :;~•-c::;: ~i;,,,i::, K ya~~~=>> ry.~.. Jupiter, FL 33477-4579
,~.,'_t;.::,,;;:.;..,,;,,. i;,,,.
,,,:,:_;,,,;:.,,:,,;N„ (561) 354-2400 /Karen_Corinelly@JJTaylor.com
. •
: . , . .
,n:,; Please contact the EDC if we can assist with any further information. We believe J.J.
Taylor will continue to have a positive impact to our workforce.
. . 3{~~~~r;., .~r Sincerely
_.<<.:.. '
P ton
Presi nt
1850 SW Fountainview Boulevard, Suite 205, Pori St. Lucie, FL 34986
{772) 879~i144 Office •(772) 879-7477 Fax • contact~YourEDC.com • www.YourEDC.com
St. Lucie County Board of County Commissianers
Economic Development Ad Valorem Tax Exemption Application
Ordinance No. 92-24, St. Lucie County Code of Qrdinances
Chapter 196, Florida Statues
To be filed with the Board of County Commissioners, Grants Resource/Disaster Recovery Department of St.
Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach
additional information, if necessary or requested.
1. BusineSS Nan1e: J.J Taylor Distributing Florida, Inc.
Mailing Address: b55 NorCh AlA city/zip Jupiter, FL 33477
2. Name of person in charge or owner of Business: .Tohn .7 . Taylor, III
Telephone No.; 5( 61 ~ 354-2900 Fax No.: 5( 61 ) 354-2999
3. Location of $usiness (legal description and street address) of property for which this report is filed:
3021 Crossroads Parkway, Ft. Pierce FL 34945
4. Date Business opened or will open at this facility: _~ay 31, 2010
a. Description of the improvements to real property for which this exemption is requested:
Constructed 24,658 sf Warehouse/Office/Distribution facil;ty on tnrG ~ra~;ng
5.95 acres
b. Date of commencement of construction of improvements: october 16, 2009
6. a. Description of the tangible personal property for which this exemption is requested and date when
property was, or is to be, purchased:
Taxpayer's A raiser's
Date of Original Estimate Taxpayer's AP
Age Value of Condition Estimate of Use Only
Class or Item Purchase Cost Fair Market
Good Avg. Poor Condition
Please see attac ed p rsonal prap rt tax for R-4 5
14
Updated 03.10.2009
b. Average Value of Inventory on hand: ~250,000 per day
c. Any additional person property not listed above for which an exemption is claimed must be returned on
form DR-405 (Tangible Personat Property Tax Return) and a copy attached to this form.
7. Do you desire an exemption as a: "New Business" [X ] or as an "Exemption of an Existing Business"
8. Describe the Type or Natvre of Your Business: Malt Beverat~e wholesaler
9. Trade Level (check as many as apply): j~] Wholesale [ J Manufacturing Professional
[x] Office [x] Service [ ] Other
10. a. Number of new full-time employees to be empIoyed in St. Lucie County, Florida: 68
b. If enpansion of an existing business:
(1) Net increase in employment
(2) Increase in productive output resulting from this expansion
(3) Number of St. Lucie County residents employed by Business
c. Average hourly wage $22.05
11. Sales factor for the facility requesting exemption:
Total sales in Florida from this facility - one (1) location only 30, 304, 895 divided by total sales
Everywhere from this facility - one (1) location only 30, 304, 895 = 1.00
12. For office space owned and used by a corporation newly domiciled in the state of Florida:
Date of incorporarion in Florida:
a. Number of full-time employees at this location: 68
13. If requesting an exemption due to location in a slum or bIighted area, please furnish such additional
information as required by the Board of County Commission or Property Appraiser.
I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above
property pursuant to Section 196.1995, Florida Statues. I agree to furnish sucli other reasonable information as
the Board of County Commissioners or the Property Appraiser may request in re~ard to the exemption
requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and
complete to the best of my knowIedge and belief. (If prepared by someone other than the taxpayer, his
declaration is based on all information of which he has any l:nowledge.)
DAT~: Februar 25, 2011 SIGNED:
(Preparer}
SIGNED: v Karen A. Connelly
axpayer) (Preparer)
Henri J. DesPlaines
TITLE: Executive V.P.lGFO 561-35G-2900
(Preparer's Telephone Number)
1~
Updated 03.10.2009
PROPE~TY APPRAYSER'S USE ONLY
1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax
sources: 122 631, 960 . 71
2. Revenue lost to the County or municipality for the cunent fiscal year by virtue of exemptions previously
grantedunderthissection: ~~405,87 ad-valorem $122 522 14 TPP
3. Estimate of the revenue which would be lost to the County or municipality during the current fiscat yeaz
if the exemption app(ied for were granted had the property for which the exemption is requested
otherwise subject to taxation: $6,177.30 ad-valorem $2,022.69 TPP
4. Estimate of the taxable value lost to the County if the exemption applied for Were granted:
Tmprovements to real property: 824,200 Tangible Personal Property: 269,875
5, I have determined that the property listed above meets the definition, ,as defined in Section I96.012
(15) or (16), Florida Statues, as a New Business [X], as an Expansion of an Existing Business or
Neither [
6. Last year for which exemption my be applied: z015
DATE: 4 2~ ~ ~ SIGNED: ~
(Property Appraiser)
RETURN TO BE FILED NO LATER THAN MARCH 1
Updated 03.10.2009 16
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemp~ion
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
SUPPLEMENTAL APPLICATION
Applicant Name: J.3. Taylor Distributing Florida, Inc
NOTICE: This supplement is to be used by the Applicant to provide ac~ditional information required by
the Economic Development Tax Abatement Ordinance 03-258, Board of County Cammissioners, St.
Lucie County, Florida; and to provide other information requested by the Board of County
Commissiouers and the entities that will review the application. Please provide a one page narrative
describing the company and the relocation/expansion plans.
l. Length of exemption requested is a total of 9 years (length of exemption approved is sole
discretion of the Boazd of County Commissioners and commences on the adoption date of the ordinance
granting the exemption).
2. Property OwnerName: J.J. Taylor Distibutin~ Florida, Inc./Alcal Ft Pierce LI.C (affiliates
Address: 655 North AlA City/2ip Jupiter, FL 33G77
Telephone I~To.: 56I 354-2900 Pax No.: 561 354-2999
3. Authorized Agent:
Address: city/zip
Telephone No.: Fax No.:
4. Type of Industry or Business: Malt Beverage Wholesaler
5. Anticipated ne~v capital investment as a result of expansion or rel.ocation of Business:
New construction: $5, 961,143 New tangible personal property: $280, 319
6. Environmental impact of Business. (Identify the number of and type of environmental permits required
as a result of this project: e.g. air, soil and water pollution, water and sewer, dredge and fill, stormwater,
industrial waterway): ,
Soil, Fire, Etc. Please see attached building cost segregarion report.
7. This relocation or expansion woutd not occur without the ehemption: Yes No [X]
8. Source of supplies (local or otherwise):
% source of supplies County: 2
% source of supplies Florida: 96
% source of supplies out-of-State: 4
9. Business is/tivill be located in a community redevelopment area: Yes No [g]
Name of area:
Updated 03.10.2009 1 ~
I hereby confirm the information provided by ,T.,7. Taylor Distributing Florida Indv the Board of
County Commissioners, Grants Resource/Disaster Recovery Depar[ment, St. Lucie County, Florida, for the
purpose of calculating the economic impact and benefit of the proposed tax abaternent is true, accurate and
complete. I further confirm thatJ.J. Tavlor Distributin~ Florida znc is not in violation of any
federal, State or Iocal law, or regulation governing environmental matters:
DATE: February . 5, 2011 SIGNED:
~ rep
~ SIGNED: Karen A. Connellv
axp er (Preparer)
Hen i J. DesPlaines
TITLE: Executive V.P./CFO 561-3~4-2900
(Preparer's Telephone Number)
GRANTS RESUURCE/DISASTER RECOVERY DEPARTMENT (GRDRD) USE ONLY
GRDRD Economic Impact Analysis:
Staffls recommendation:
Date: Signed:
(print name and title)
18
Updated 03.10.2009
St. Lucie County Board of County Commissioners
Economic Development Ad Valorem Tax Exemption
Ordinance No. 92-24, St. Lucie County Code of Ordinances
Chapter 196, Florida Statues
ANNUAL REPORT
ApplicantName: J.J. Taylor Distributing Florida, Inc
As reyuired by the Economic Development Ad Valorem Tax Exemption Ordinance 03-258, Board of
County Commissioners St. Lucie County, Florida, this form is to be filed witb the Soard of County
Commissioners no later than January 31 of each year the exemption is desired.
1, BuSineSS Name: J.J. Taylor Distributing Florida, Inc.
Mailing Address: 655 Norrh AlA city/zip Jupiter, FL 33477
2. Name ofperson in charge or owner of Business: Joun ,J. Taylor zIz
Telephone No.: 5( 61 ) 354-2900 Fax No.: 5( b 1) 354-2999
S. Location of Business (legal description and street address) of property for which this report is filed:
3021 Crossroads Parkwa , Ft. Pierce, FL 34945
4. Date Business opened at this facility: May 31, 2010
5. a, Description of the improvements to real property for which this exemption is requested:
Constructed 24,658 sf Warehous/Office/DistribuCion facilt on 3 lots totalin
5.95 acres
b. Date of commencement of consh-uction of improvements: October 16, 2009
6. a. Description of the tangible personat property for which this exemption is requested and date when
property was purchased: (Provide this inforn:atio?r o~: State form DR-405 (Tai:gible Persona!
Property)
b. Average Value of Inventory on hand; S25o, 000 per day
7. Have you maintained the definition of a"New Business" [x] or an"Exemption of an Existing Business"
(xJ Yes [ ] I~to
8. Describe the Type or Nature of Your &isiness: Malt Beverage wholesaler
9. Trade Level (check as many as apply): [X] Wholesale [ J Manufacturing Professional
[g] Office [XJ Service [ ] Other
10. a. Number of new full-time employees employed in St. Lucie County, Florida: 68
(1) Increase in productive output resulting from this expansion 100 %
(2) Number of St. ~ucie County residents emptoyed 55
(3) Total number of hours ~vorked during calendar year of exemption 151, 400
Updated 03.10.2009 ~ 9
(4) Total gross wages paid during calendaz year of exemption $2 ~$65, 241
(less the top executive's salary)
{S} Number of employees prior to f~ling for an exemption 0
i l. Sales factor for the faciIity requesting exemption:
Tatal sales in Florida from this facility - one (1) Iocation on1y~30, 304, 894 divided by total sales
Everywhere from this facility - one (I) lacation only ~30, 304, 895 = 1.00
12. For office space owned and used by a corporation newly domiciled in tl~e state of Florida:
b. Date of incorporation in Florida:
c. Number of full-time employees at this location:
13. If requesting an exemption due to location in a slum or blighted area, please furnish such additionaI
information as required by the Board of County Commission or Property Appraiser.
I agres to furnish such other reasonable information as the Boazd of County Commissioners, St. Lucie County,
Florida, may request in regard to the exemption. I hereby certify that the information and valuation stated by
the above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone
other than the taxpayer, his declaration is based on all information for which he an knowledge.)
DATE: Februar ~ 25 2011 SIGNED:
, -
Prepare
SIGNED:
Karen A. Connellv
Ta~cpayer) (Preparer)
Henri J. DesPlafnes
TITLE: Executive V.P./CFO
(Preparer's Telephone Number)
PROPERTY APPRA,ISER'S CJSE ONLY
7. Estimate of the revenue which will be lost to the County during the current fiscal year had the exempt
property otherwise been subject to taxation: $8,199.99
8. Estimate of the taxable value lost to the County:
Improvements'to reaI property: _g24 • 2on Tangible Personal Pro e
P nY~ _269.875
DATE: y~~J"/~ SIGNED:
(~roperty Appraiser)
~~i
T i a i~avutct,L~ 1U15ASTER RECOVERY ~EPARTMENT (GRDRD} USE ONLY
Total number of employees: Current h.ourty wage:
R.ETURN TO BE FILED NO LATER T~TAN JANUARY 3I
Updafed 03.10.2009 2~
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. 2300 Virginia Ave. Rp, `i07 ~~d~~y~u~c rG~,una~ rroperry iax ne~urn
Ft. Pierce FL 34982-5698 Confidential §§193.D74 FS.
772-462-1035 Wwwr,p2SIC.Org Z~~~ As Required by §§193.052 & 193.062 F.S. Return to
County Property Appraiser By April 1 to Avoid Penatlie
DBA: J J 7aylor Distributing Florid State of Florida, County ot St. Lucie
Acct Number: 030457
Real Prop. ID: 2431 •244-0025-000-1 Business Name (DBA - Doing Business As) and
Location: 5020 GLAdES CUT OFF RD Mailing Address
J J TAY LOR D I STR I BUT I NG F LOR I D ze3 Spreadsheets and signed DR-405's
%MANUE L PORTUAN00 may be emaited to tppC~3paslc.org
655 N HIGHWAY AlA
JUPITER FL 33477-4579
I~~IL,~IL~1~~1L~~II~~~IJ~~L{~LI~„II~L~~IJ~~LI~~„III
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2. A~IwI P MVltdew~8 ~ ManidxNMg ~
nyaical Locatian ol Property Iw VY1ych tlrs qetum 1s Fqed (Street - No1 P.O. Baoc) + Prdesafona~ O Se~Vice O AgrlptlW re Q LeaLrg/RenW O q1~er J
So ao G c.A h Es Gu.T ~ Ff' 2 a~-D F~-,p ter-ca Fc. 3~t9 k
1 8. du you Me e TorgiWe PeBOnal ProverN Re1um 4~ this eouny iast rean, ves~ No_
3. Is yeur Ousness a lartn bceteA withif Me Ircorporaled I+rils d a Clty! Yes_ No_ tl so. un6er w)wt ~wne 9tW w1~er87
What cMy? F'~ P l E R Lt
4. Uo You Fl~e a Tarx,~qe Po~sa~at RopeAy 7aY pe3um Untler My OMe~ Name? Yes_ No,L 9. Portner owner W the 8~~atxss:. .
Pksse Show name FsaWy aa q hppeered pi yWr mosl ~egM Persw~gl Property Taz &1 or 8a. If BtlSf~lfB sOltl, W whom~
Oll~er Currenl Tu Relurn. ~ Dit! SOId
rHis is a su~.,na PB~ M~a~~~~~ Summary Taxpayer's Estimate of Ori inal
~~~~~„~~~T TNeScM1edulesonC~eREVEp5~Fg1~ Fair Marlcet Value 9 APP~iser's
_[_)EPK1ECtAT10N g(!HF[HII F An~CH
tT'EMih_
o~,s~i a lnstell9d Use only
~9Ohpnal Caat d Date ol Acqulsltlon cOSt
,o. omceF~m~~aaoiar,~?.wau~auw,ry ~.0 000 oZ.lo S~J~
t t. Eor eyuPmeiu. Comaners~ woro Processors "~D O O O 1~ p t~. ~
12. Stwe, Bar 8 Loux~e, anq R9S1YUtaM Furtbwe d Equpmenl, Elc.
t3. MatlMnery arM MaUiNxMing Equpmer8 Q O ~~O /~S
14. Parm. Orove, arp EqulpR~ery .
15. Professior~al. MaOCaI. DeMat 8 Laboralory EQ~h
- 16. Hotel, MotH, 6 Ap9tlmenl Compfax
16a. Rmlal UNtS • Sloye, R01Ng.. Funthva, Drapes 8 ApplBnoes
17. MoWe Mome AdacAmB~lls (CarPOh. Uliq' 8108.~ Cabana, Fbrc1i, Elc.l
t8. Servloe S~atlon 8 BuUC PIaM EqitpmeM • UnUergraN Tanks. I.n6. TooLs ~
79. Signs - BlWoartl. Po1e~ Wal. Porlable. Oirectlonal. Elc.
20. i.easM~oia hprwements must be 9~P~d EY NPe. Year al instanatian ana descrlptlon o'L D Q ~ O a~ G i 1 /
O T l7
21. hoputlan Cpryrd Eqidpment
22. Equiprrienl owneo oy yw bW remad ~easea a neld tr~r aneis
23. Supp6es - N0t Heltl bf R6£618
2a. aner- p~aase SpeciN
TOTAL PERSONNL PROPER7Y ~ ~ ~ ~ p 3 ~
Under peneMles of PM~1r, t tleclate 1Mt I IuMe rea0 ttK toreQolop tu rdum ~ntl IM LESS EXEMATION: ( ) WIOOW ( ) WIDOWER
~ccompanY~n9 mAeduke and stalereKnm sntl IM{ Il~e bt~ fbled In than re true. M ( 3 TOTAL DISA&UTY ( ! BLIND
PKPs~ bp saneone otAer than the ~pry~r. Me papaer N f ) OTMER ~
thli dlCl~Mbn IL bicl0 on aU Irtwm~tlon pt wMCb her~ hp ~li Rtum CeAMes tl~at
Taxable value
oA~ D nE ~ r Penal
s~~Neo Please sign and dale your return, send the original to the county
. ~TAXPAVER) appraiser's office by April 1, unsigned retums cannot be accepted
SIQNED by the eppraiser's oHice. ~
~Sr /WN~f PA R)
AUDRESS 1 Q~ r!~ ~
' T--•~- ~ Notice: If you are entitled to a widow's, widower's o~ disability
PHONE NO~( 3Q(~~ ~pqEp~qER'S LD. ~ exemption an personal properiy (not already claimed on real estate)
consult appraiser,
Schedules on Reverse Side must be completed in Full. DR-a0.5
R. »ro~
royc c ...~.y . . ...r.....y ..e......... ~..~~.u. . o~a v.. . .
ASSETS PHYSICALLY REMOVED DURIh... ~AST YEAR^ Retired, So~d, Traded, Etc.
P~opelty lulry OCp~ttidtetl dlt mMiruirg in tervice rtusl Oe reptxletl df IA¢ schedule5 Debw
' YEAR TAXPqYER'S ESi OF
OESCRIPTION ~ AGE ACO Fptq MKT VAWE ORIGINAL INSiALiED COST
W~a.o ?Mo6iu~ R~~N~rE~2 a o08 5"0 0 9l3 ~'Ti~C€'
LEASED, LOANED, AND RENTED EDUIPMENT - ~E,~sE
PleasB Cp leIE If OU Ibld YEAR RENT PUACHASE
mP Y Cquipme~l bebnping to ofhers. YEpR OF PER RETAIL INSiAILED ppnON
NAME AND ADDRESS OF qNNER OR ~ESSOR DESCHiPT10N ACOUIRED MFG MONTH COST NEW YES p ~
LINE ~ Qnler Applkaple Llne Number ~70.7~) From Page t TA7(PAYER'S TAXH1YEps
esnw~~ oF APPRAISER'S USE ONLY
EST~MniE OF caw~on OR1Ci~NAI
DESCRIPTIONOF ITEM AGE PURCIiASED FAIRaMAqKET $ i ~ INS
O TED
D FF~ C E ~ t~u i P N?EN!" ~j conaaon
a a.opg ~o eoo a6 ~ ~
Emer TOTA15 on FroM - Conllnue on Sep~nta Shecl p Nece~cary ~ O ~QC7 ~(p 9-~ .
UNE Eet~r AppllcaDle Una Numbrr (10-2~) Fiom Ppe t ~
DESCRIPTI6N OF ITEM AGE ~
~+Y'~R RAwARE a~caog o 00o X //c~ / Z 2
Enlcr TDiALS on Fionl - Contlnue on Separote Sneet k Necessuy '70 Oc~p ~ f 2. ~
LINE 0 ENer ApplkaEN Wne NumDer (70-2~) Fmm PaQe i
DESCRIP710N OF ITEM AGE
~l~~ae w~R~rv6 P~,n.~r ReKQ ~ aoo8 ao ono a. S~-(o
Emer T07ALS on Front - Contlnue on Scp~rne Shea~ n Neca~pry D OD ~ ~
UNE 42 EUUIPMEH7 OWNED BY YOU BUT RENTED, LEASED. OR HELO 81' OTHERS ~ ' TAXPAVER'S T~x~~q'S -
RENT ESTMATE OF ~
NAME/ADDfiESS OF LESSEE vfAq PER ~ FAIq MARKE7 ~001
~~E AGTUHL PHYS~CAL LOCATION DESCRIPTION AGE PURCHASED AIpM}{ ~W.. YALUE ~ ~ A~~~S~U~ C
, ASSETS PHYSICALLY REMOVE? ~URING LAST YEAR J~~
PwAerry IuCy Oeqeceleo bo~ opmuiu,ng in semce musl pe repa~ed pi tne s~t~puies oeipw Refired, Soid, Traded, Etc.
DESCRIPTON Y~R TqXR4YEFl'S ES7 OF
AGE ACO FAIA MKT VA~UE ORIGINAL INSTAtIEDCpST
LEASED, LOANED, AND RENTEp EQUIPMENT -
Please complelC 1 y0u hdd eyuipnlgnt bebngirg t0 dher5. YEAR RENT LEwSE
NAME 0.ND AOQqE55 OF OWNER OR IESSpp Y~R OF PER RETAIL INSTAL~ED p~~~S
DESCHIP71pN ACOU~RED MFG MONTM COSi NEW ~°T~ON
~ES
LINE ~ Enter ApplFC~ble Llne HumDer ~142~? Fmm pape 7 TAXFrYERS
7AXppYER'S ESTMKiE OF
, ESTIMATE OF ~yip~ ~ OAIGINAL APPRAISER'S USE ONLY
YEAR FAIR MNiKET INSTALLED
pESCRIPTION OF I7EM AGE PURCHASEO VAIUE ~ ~ ~ ~~T
U1AP.Ef~ouSE ~ iPN1E~1T o2 c~O~B Oddo caa~u~,
~'I SSo
w~Rc~ousE e u i Pr~ ~
r.~ ~ ! aou4 3 ao ~ X 39 zo ~
,
Enter 70TAL5 on Front - Conllnue un Sepante Sheet H Necees~ry 9l~ a p t,~ ~ S~
~ LIME EMer Appllcaple Llne Nuqfbe~ (t W4) Flpm Pay! 1
DESCRIPTIONOF ITEM AGE
Enter TOTALS on Front - Conllnue on Sep~n~e Sheq p NeeKmry
UNE En1er AppliabN Llne NumDet (10.21) Froru Pape 1
DESCFIPTIOM OP ITEM AGE
Enln TOTALS on Fron1- Conlinue on Sepsr~le 6hee1 tl Necesvry
LfNE 24 EOUIPMENT pWNED BY YOU BUT qENTED. LEASED, Oq HELD BY OTHERS ~ TqXPAYER'S TA7(R~YEq•$
RENT ESTIMA7E pf ESnMAh pc
NAME/ADOFiESS OF LESSEE ~ Ca~Cecn
LEl~SE NO ACTUAL pHYSICAL LOCA710N DESCRIPTION Y~R PER ¢ FAIR MApKE7 3t
AGE PURCHIISED MONTH ti VALUE S Q e RETAIIINSTA~~~
o ~c n COST NEW
~ ~ 2009 J, J. Taylor Cornpanies, In
~
Praperty Tax • Detail Report 5
Forthe penod ended December3l, 2009
Group = ~reasure Coast ~
Book = Intemaf
PT Acq Currem Year Currem Year Curtenf Year Currenl Year
S s No Ext Date Be innin Cost Ac uisilions Translers•In Translers•Om Dis osi6ons En~in Cost
GJL Asset Acct No = Ot•1405
AcquisiGarr Date = 240B
~No CalegotySe/ect~
Acqusition Yeu End =1?J2008
005866 Pfane System (for Treasure Coasl) iDCS100 equipped wl24 digitai phones
000 66l3012008 ~ 17,596.00 $ 0.00 S 0.00 $ 0.00 S 0.00 $ 17,546.00
0058b9 Ce~12400MPOLPProjecta~iaTreasureCoast)
000 Ob11312008 1,Q58,94 ~.00 0.00 O.CA 6.00 1,058.94
00~870 Time Clock • HP•4000 HandPunch 4000 and HP•ETH HandPuneh Ethemet hlodde
b00 06113~2008 2,460.00 0.00 0.00 0.00 U,00 2,460.00
006023 Jelscan 4068 ~Money Counler Machine) • sIn:1406864ZQ08121 (Cummins•Allison)
3,040.59 0.00 0.00 0.00 0.00 3,040.59
0'J6028 Remote Deposit Scanner Iw Treasure Coast (80A)
000 O7l31/2008 1,063,94 0.00 O.CO 0.00 0.00 1,063.94
006160 Used Sa1s (1aTreasure Coasl~ (John A. Koons Locksm~hs}
COC >>ro~nooe 1,378.00 0.00 0.00 0.00 0.00 1,378.00
Acqusition Year End ~ 12/2006 $ 26,597.47 b 0.00 $ 0,00 a 0.00 S 0.00 S 26,597.47
Count = b
~NoCalegaySe%cted> $ 26,597.47 5 O.QO $ 0.00 $ 0.00 $ 0.00 5 26,597.47
Count = 5
A~uisik'on Dale= 2008 $ 26,597.47 S 0.00 0.00 a 0.00
S U.00 5 26,597.47
Coun1= 6
G!L Asset Acct No ~ 01•1405 S 26,597.47 S O.bO S 0.00 $ 0.00 5 o.co $ 26,597.41
Count = 6
GIL Asset Aat No = 01• 1420
Acquisi6on Dale - 2008
cNoCategorySs/ededi
Acquisition Year End =12J2008
005843 Camera Systemfa Treasure Coast {Fargo C30) (CDW Direct)
~ 5 1,658.30 ~ 0.00 $ 0.00 $ 0.00 S 0,00 $ 1,658.30
0058bt Dell Q~ad Core Xeon E5430 Processor • sln: GOW2GG t(Iw Treasure Coast)
060 0C~1(Y2Q08 4,680.U1 0.00 0.00 0,00 0.00 4,680.01
005862 Dell Quad Cae Xeon E543C Prceessor - sln: 5~dV2G~1(for Treasure Coasl)
000 06+1012008 4,680.02 0.00 fl.00 0.00 0.00 4,680.Q2
005865 De114210 RadJSwitcfdKe}board (Svr Rack lor Treas.Coasl}s/n; HJ7QFG1 & 8DNN7F1
3,357.30 0.00 0.00 O.dO 0.00 3,357.30
005671 Dell XPS Laptop (ior Treasure CoasQ • sln: 3MSSLr' f
860.74 D.00 0.00 0.00 0.00 860.74
005872 Dell XPS laptop {lor Treasure Coasi) • sln: DLSSLFt
~~2~ 860.74 0.00 O.OD 0.00 0.04 860.74
005876 MC70 Wireless Enter~rise Digital Assistant (Handheld}s/n: S7327520801021
L662.42 0.00 0.00 0.00 0,00 1,66242
OC5877 MC70 wreless Enlerprise Digil2l Assista~t (Handhe(d}sin: S8018520805075
000 06111/20U8 1,662.42 0.00 6.00 0.00 0.00 1,662.42
005878 MC7Q4Yreiess Enterprise Dig~al Assistant (Handt~id}sln:58018520605f08
000 06111/2006 1,662,42 0,00 0.00 0.00 0.00 1,662.42
D05879 MC70 4Vireless Enle~prise Digital Assislant tHandheld}~sln: S60185208C51 i4
fda rch 16, 2010 al 4:05 PM
Page i
P
~ 2009 J. J. Taylor Companies, in
Prope~y Tax • Deiail Repori
For t~e period ended Oecember 3 i, 2009
Group = Treasure Coasi
8ook = Intemal
PT Acq Current Year CuRenl Year Cunenl Year Curtent Year
~s No Ezt Dale Begmm~g Cosl Acquisitions Transfers•In Transfers-ON Disposi~ions Endin~Cost
G/L Assel Acd No = D1•1424
Acnr~sid'nnDers ~ 2ooe
~NoCalegorySe%~ed>
Acquisition Year End = t112008
000 0611112008 1,662.42 0.00 0.04 C.00 0.00 1.6b2.42
005880 MC70 Wireless Enterprise D~~al Assislant (Nandheld}sln: S8018520805117
~~iti~ 1,662.42 0.00 0.00 0.00 0.00 1,662.42
005881 MC704YIrelessEntetprseDigitalAssistant(Handheld}SIn:S8018520805131
Q00 Ofa~1112008 1,662A2 0.00 0.00 0.00 0.00 1,66242
005882 MC70 wreless Enterprise Dic~'taE Assistanl (Handhdd}yn: S8018520605143
000 06l1112008 1,662.42 0.00 0.00 0.00 0.00 1,66242
OOSB83 MC70 Wireless Enterprise 6;g~a! Assislant (Handheld}sln: 58016520805171
000 06111/2008 1,662.42 0.00 0.00 0.00 0.00 1.662.42
005884 MC70 Wi;eless Enterprise Dig~al Assislant (Handheld}sln: S8018520805172
000 Ob111120D8 1,662.42 0.00 0.00 0.00 0.00 1.b62.42
005885 MC704Yr~less Enterprise Digital Assistanl (Handhekl}~sfi: SBD18520805174
OQO 06/1112008 1,66242 0.00 0.00 0.00 0.00 1,662.42
005886 MC70 Wireless Ente~prise DigAal Assistan? ~Nandhekl}s/n; S8016520805175
000 06111/2008 1,662.43 D.00 0.00 0.00 0.00 1,6E243
005887 MC70Wueteu Enlerprise Digilal Assislant (Handheld}s/n; SB018520805204
000 06/11l2008 1,66243 0.00 0.00 0.00 U.00 1.662.43
005888 A~C70 Wueless Enlerprise Digita~ Assistant (Handtieldj•sln: S8D24520800866
000 06/1 V2008 1,662.43 D.00 0.00 0.00 0.00 1,662.43
005889 MC70 VYveless Enterprise Dig~al Assislant (Handheldhsln: S802452Q800869
000 Ofi!!{1120Q8 1,662.43 0.00 0.00 0.00 O.OC 1~662.43
00589~ MC70 Wireless Enlerprise Digital Assistant (Handhekl~-sln: S8024520800875
000 06J11l2008 1,662.43 0.00 U.00 0.00 O.OQ 1,662.43
00589t MC70xxChargingHotstedl2VCigarelteLighterAda~ters(19)
~~1~~ 4,406.2b 0.00 6.00 0.00 0.00 4,406.26
005892 Cradle Kits • 4 SIW wlPower Supply (5) and Kit: Crdl;1 Slot w/PS {2)
~~}~~8 2,074.73 0.00 0.00 0.00 O.OD 2,074.73
005893 MC9690 Wireless 7erminal - sln: 58031000501983
~~1~ 1,839.19 0.00 0.00 0.00 0.00 1,839.19
005B94 MC9090wreleuTerminal•sIn:S8Q3}000501984
000 ON81120p8 t.&39.19 0.06 D.00 D.Op 0.00 1,839.19
005895 MC9090 wreless Terminal - sln: S8031000501985
000 0610f12006 1,839.19 0.00 0.0~ 0.00 0.00 1,839.19
005846 MC9090 Wirefess 7erminal • s/n: S8031000501440
000 061011200~8 1,839.19 0.00 0.00 0.00 0.06 1.839.19
005847 MC9090 Wireless Terminal • s+n: S8031000501992
000 0610112008 1,839.19 0.00 Q.00 6.00 0.00 1,839.19
005898 MC9090 Wireless Terminai • sfi: S8031000501995
000 0610112006 1,839.19 0.00 0.00 0.00 0.00 1,639.19
Q05899 MC9090 Wireless Terminal • sln: S6085000501508
000 06/0112008 1,839.19 D.00 0.00 0.00 0.00 1~839.19
005900 MC90901h4relessTenninal•sn:S8085000501512
000 06JD112008 1,839.19 0.00 0.00 0.00 0.00 1,839.19
0059D1 MC9a90 wreless Terminal • sln: 58085000501515
ODO ON01l2008 1,839.19 0.00 0.00 0.00 0.00 1,839.19
005962 MC9090 Wireless Terminal • sln: 5868500~501520
000 Ob10112008 1,839.19 D.04 0.00 0.00 0.00 1,83?.19
005903 MC9090 Wireless Terminal • s~n: 58085000501526
000 Ob101l2006 1,839.14 0.00 0.00 0.00 O.OQ 1,839.19
March 18, 2010 a14:05 PM ~
Page 2
2009 J, J. Taylor Companies, In
Properry Tax - Deta7 Report
Forthe period ended December3l, 2009
Group = Treasure Coast
Book = intema(
PT Acq Curtent Year Current Year Current Year Current Year
Sys No Ext Date Beginning Cosl Acquis~ions Transters•In Transiers~0ut RisposiGons Ending Cost
G/L Asset Acct No = 01•1420
A
t
q
u
i,
s
i!i
o
n D
a
t
e- 20
A
9
<NoCalegorySe/ected~
Acqus~ion Year End =1?l2008
005904 MC9U90 Wireless Termina: • s1n: S808500050153t
06Q ONQtC2008 1,839.19 0.00 0.00 0.00 0.00 1,839.19
005905 MC9040 Wuetess Tenranal • sln: S80850005015~4
000 06/0112008 1,638.19 0.00 0.00 0.00 0.09 1,834.19
005906 MC9090wrelessTermi~;a!-sIn:S8091000542162
000 O6JOt12008 1,834.14 0.00 0.00 0.00 0.00 1,839.19
005907 MC9040 VYreless Termina! • sln: S6091QC0502165
OOQ O610i12008 1,834.19 0.00 0.00 0.00 O.C~ 1,839.19
065908 MC9090WuelessTerrnina{-sln:58091000502167
000 06lOi12008 1,839.19 0,00 0.00 0.06 0.00 1,839.i9
005909 MC9D901~relessTerminal-sln:S8091000502169
000 O6/D112006 1,834.19 O.OD 0.00 0.00 0.00 1,839.19
005910 F~C4090WirelessTerminal-sln:S809100050?i70
OOQ G6/0112008 1,839.19 0.00 0.00 OAO 0.09 1,839.19
00595 t I~C9090 Wireless Terminal • sln: S8691006502172
006 OE/011Z008 1,839.19 0.00 0.00 0.00 0.00 t,839.19
0059f2 MC9050 Wireless Tertni~a! • sln: S869100b502184
000 46l0112008 1,83926 0.00 0.00 0.00 0.00 f,83926
0059f3 RW420MobilePrinter4'•s1n:XXRC0~t7-52f3
000 ON0112008 913.21 0.00 0.00 0.00 0.00 913.21
005914 RW420 Mobile Printer 4' • sln: XXRCOB~ S7•5221
006 06t0112008 51321 O.W O.W 0.00 0.00 91321
0054t5 RW42dMobilePrinfer4'•s1n:XXRC08~i7•5227
000 ON01I200A 913.21 0.00 0.06 0.00 0.00 91321
005916 RW42i1MobilePrinter4'-sIn:XXRC08•17•5228
~~~8 91321 0.00 0.00 0.00 0.00 91321
005917 RW420Mob~e Prin(et4' • s~n: XXRC08•17•5230
000 Of~0112008 913,21 O.CO 0,00 O.OQ 0.00 91321
005918 RW420 Mob~e Printer 4' • stn: XXRC08•17•5236
~~1~~ 91321 0.00 0.00 0,00 0.00 413.21
Q05919 RW420 Moble Pnnter 4' • sln, XXRC08•18-5231
000 OC,~01l2008 913.21 0.00 0.00 0.00 0.00 91321
005920 RW420 Modle Prinler4' • sln: XXRC48•18•5238
~~1~~ 91325 0.00 0.00 0.00 913.21 0.00
005921 RW420 Mob~e Prinler 4' • sln: XXRCAB-18-5263
913.21 O.CD 0.00 0.00 0.00 913.21
W5922 RW420 Mobtle Pnnter 4' - sln: XXRC08•18•5278
000 Obl01/2008 4132t 0.94 0.00 0.00 0.00 91321
005923 AW420 Mobile Printer 4' • sln: XXRC08•18~5280
~~1~~ 91321 0.00 0.00 0,00 0.00 91321
005924 RW420 Mobile Printer 4' - sln: XXRCOB-1B•5281
000 06lD1/2008 91321 0.00 0.06 0.00 0.00 9132:
005925 RW420 Nwbile Printer 4' - sln: XXRCOB-18•5283
OCO 06101Y1006 913.21 0.04 0.00 0.00 0.00 91"s.21
065926 RW420 Mobile Prinler 4' - sln: XXRC08•t8•5286
000 0610U2008 913.21 0.00 0.00 0.00 OAO 913.21
005927 RW420 Mobile Prinler 4' • s~n: XXACOB-18•5288
000 06lOt12006 913.21 0.00 6.00 0.00 0.00 913.21
005928 RW420 Mobile Printer 4' ~ sln: XXACOB• 18•5289
Ma~Ch 18, 26t0 al 4:05 PM
Page 3
' ~ 2009 J. J, Taylor Companies, In
Property Taz • Detail Reporl
Forthe period ended December 31, 2009
Group = Treasure Coast
Book = Intemal
PT Acq Current Year Current Year Currant Year Currenl Year
Sys No Exl Dafe Beginni~q Cost AcquisiGons Transfers•In 7ranslers•Out Disposilicns ~nding Cost
G!L Asset Accl No = Ot-1420
AcquisilionDate=14DB
<No CategaySe/ec~ed>
AcquisiUon Year End =1212008
~~1~ 9t32t 0.00 0.00 0.00 0.00 91321
OD5924 RW420 Mobile Printer 4' • sln: XXRC08•19•5009
Q00 f}fiJ01/2008 913.2t 0.00 0.00 O.OU 0.0~ 9,32'
005930 RW420 Mobite Printer 4' - sln: XXRC08• 19•5018
000 Obl01/2008 913.21 0.00 6.00 0.04 0.00 91321
005931 RW420MobilePrinter4'-sln:XXRC08•19•5033
~~1~ 913.21 0.00 0.00 0.00 0.00 9132 ~
005932 AW420 Mobile Printer 4' ~ stn: XXRCQB•19•5051
~~1~~ 91328 0,00 0.00 0.00 0.00 9 i328
005933 MC9690 Wireless Gun Tertninal • slr: 5$09900Q505533
000 OGlOV2008 1,819.OQ 0,00 0.00 0.00 O,QO 1,819.00
OOb017 MC10 Y~reless Enler~rise Uig~al Assislant - s(n: S8148520800131
00o a~roinooa 1,663,31 0.00 0.00 0.00 0.00 1,663.31
OOb018 MC70 wreless Enter~rise Digita! Assistanl • s/n: S814852D800143
004 07/01l2008 1,663.31 0.00 D.00 0.00 0.00 1,b63.31
006019 MC70 Nfireless Enter~xise Digital Assistant • s/n: S8 548520800153
000 D7/01l2008 1,663.32 0.00 0.00 0.00 0.00 1,563.32
006420 MC70 Hrireless Enierprise Qigi~al Assislant • sln: S8148520A00154
000 07I0112008 1,663,32 0.00 0.00 0.00 0.00 1,663.32
Acq~nsiGon Yeaz End =1212006 a 111,034.65 S 0.00 5 0.00 S 0.00 S 913.21 S 110,121.64
Cowl = 68
~'UoCalegaySe%led~ ~ 111,034.85 S O.OD 5 o.DO S 0.00 S 9t?.21 S 110,121.64
Coun1= 66
AcqttisiGonDate=10(1B ~ i 1 f,634.85 S O.OQ S 0.00 S 0.00 $ 913.21 S 110.121.b4
Counl = 68
GIL Asset Acc1 No = Ot•1420 5 111,034.85 ~ O.OC 5 0.00 S 0.00 S 91321 $ 1t0,121.6~
Count = 68
G!L Assel Aca No = 01-f421
AcqursiGa~Dale=ZGbB
<No CalegaySe%ted>
Acquisiiion Yeaz End =1212008
00~652 eoSt~r Mo6ile licenses (35) (fa FL Treasure Coast) (iulher(ord 8 Assoc.)
S 72,983J5 $ 0.00 5 0.00 5 0.00 S 0.00 5 72,983.75
0~5863 Sotlware •Dell Ouad Core Xeor~ E5430 Processor - sln: SMV2G~t((or Treasure Caast
000 o~r~or2oas y,~oo o.oo o.oo o.oo o.ao ~,560.W
0~5864 Softvrare • Dell Ouad Core Xeon E5430 Processor GOW2~G 1 f fa Treasure Coas
000 0611Q~2009 1,5fi0.01 0,00 0.00 0,00 O.OC 1,560.01
005873 SoSware•Dell XPS Laplop {lor Treasure astJ - s/n: 3NSSLF i
OOD 06/25/2008 206.00 0.00 0.00 0.00 0.00 Z00.00
065875 5o9ware • De11 XPS Lzptop (I reasure Coas!) • sln: OLSSLFt
000 06l25/2008 200.00 0.00 0.00 0.00 0.00 200.00
U06016 Second Sile Licen CAFSP-2NDSITE8.5) (Di~tal Media Whse.)
000 o~rov 2,~~o.z~ o.oo o.oo o.oa o.oo z,~s~.z~
Mar~h 18, 2010 at 4:05 PA1
Page a
~ 2009 J. J, TaylorCompanies, In
• Property Tax • Detail Report
For the period ended December 31, 2009
Group = Treasure Coasl ~
Book = Iniemaf
PT Acq Current Year Current Year Current Year Curtent Year
Sys No Ext Date Aeqinning Cost Acq~siuons Translers-In Transfers Out Disposiaions Endnq Cast
GIL Asset Acct No = 01•1421
Aa~uisi6on Date =20QB
cNn Cate,qory Selecled~
Acqus~ion Year End =12120Q8 S 19,254.03 S 0.00 $ 0.00 S 0.00 ~ 0.00 ~ 79,2~4.C3
Count = 6 /
/
~NoCalegnrySe%led> 5 79,254.03 ~ O.CO ~ 0.00 5 0.00 $ 0.00 $ 79,254.03
Count = 6 • ~
Ac~~isiGanDa1e=2008 S 19254.03 0.00 S 0.00 S 0.00
S 0,00 5 79,254.03
Count = 6
AcquisiG'onDale=?A09 ~
~NoCafegorySe%ded~
AcquisitionYearEnd=12/2009 ~
OObb 13 WMS Sohwa?e • Treasure Coast (Rutherlord 8•Associates)
000 1?/27/2009 ~ 3 0.00 $ 2,161.95 $ 0.00 5 0.00 S 0.00 3 2,16}.95
Acquisition Year End =12/Z005 S O.aQ S 2,1bf.95 a 0.00 S 0.00 S 0.00 ~ 2,16t.95
.•~'Cowt= t
;
cNoCategorySe%tled~ $ 0.00 E 2,161.95 $ 0.00 $ 0.00 5 0.00 S 2,161.95
Count =1
J,
~
ACquisiGp70ate=2009 $ 0.00 S 2.161.95 $ 0.00 $ 4.00 S O,OC ~ 2,16i.95
Coun1=1
GlLAssetAtdNo=U1•1421 5 79,254.03 S 2,16l.95 S 0.00 $ 0.00 $ 0.00 S 81,4t5.9B
Couni = 7
G1L Asset Acct No = 01•1440
AcquisiGanDals=100B
~NaCategorySe%cted~
pcquisilioh Year End =12Y1008
406f05 Arbon Equiprnent•Roper Long Stem 3' plus labor ((a Repair of Dock Plates}
000 0410112608 S 4,328.70 5 0.00 $ 0.00 b 0.00 S 0.00 $ 4,328.70
OU6125 Equipment Inst~all•Com~uter Room Unit {Materials and Labor-Watts AC Mecha~ical)
000 10l15f2008 2,132.45 0.00 0.00 0.00 0.90 2,132.45
006131 Cabling, Phone Labor (Cammunica6ons Data Solu~ions) (Treasure Coas,}
OQO 10l01/2008 2,607.67 0.00 O.QO 0.00 0.00 2,607.67
006161 Elec~ira! on site wiring up batlery cf~argers and misc eqwp.(Set up Ft Pierce)
0~0 11l4112008 4,120.10 0.00 D.00 O.UO 0.00 4,120.10
006162 Paint Oifice • Ft. Pierce Wazefause Facility tst Floor Cf6ces
ODO 11/01/2008 3,365.38 0.00 0.00 0.00 0.00 3,365.38
006186 Re-Ke}~ngaiFf. Pierce Warehouse (Bilrs Mobile Locks7op)
000 11101I2008 6,?91.60 0.00 0.06 0.00 0.00 6291.60
AcquisiGon Year End =12l200B S 22,645.90 ~ 0.00 $ 0.00 $ 0.00 S 0.00 S 22,845.90
Count = 6
March 1B, 2010 at 4:05 PI~ Page 5
,
~ 2049 J. J. Taylor Companies, In
Property Taz • Detail Report
For ihe period ended Oecember 31, 2009
Group = Treasure Coast
Book = Intemai
PT Acq Curren! Year Current Year Currenl Year Current Year
SysNo Exi Date BeginningCost Aequisifions Transfers•In Transfers~0ut Dispositions Endin Cosl
Gll Asse+. Acct No = 01• 1440
AcquisiL'arDate= 2AA9
~NoCafegaySe%cled~ ~ 22,845.9Q S O.GO S 0.00 S 0.00 S 0.00 5 22,8~5.90
Count = 6
Aa7~silionDate=2~OB S 22,645.90 S 0.00 S 0.00 S 0.00 S 0.00 S 22,845.94
Couni = 6
G!L Assel Acc4 No = Ot•1440. S 22,8459Q S O.GQ a O,OD 5 O.OD S O.OD S 22,845.90
Count = 6
G/L Asset Accl Ao = 01-1445
Acq~siG'cv~Dale- 1999
~NoCalegorySe%cled~
Acquis~ion Year End =1?1t999
006588 Crown Uft Truck (forklihbatleries,charger) SJR't9A109288
OC~J 04/0111999 S 0.00 3 0.00 S 39,343.00 S d.OD S 0.00 S 39,343.00
Acquisition Year End =1211944 5 0.00 S 0.06 S 39.343.00 ~ E 0.0~ S 39,3~3.00
Ca.~nl =1
~
~NoCalegorySe%ded~ $ 0.00 S 0.00 ~.93:OU S 0.00 5 O.CO S 35,343.00
Count =1
i
AcquisibbnDa1e-1999 $ 0.90 S 0.00~•' S 39,343.00 $ 0.00 S 0.00 S 35,3~3.00
Count = 1
Acqoisid'on Da1e =2001 '
~No CalegaySe/ecled>
Acquis~ion Year End =12/200t
006222 CraM~n Lifl Uuck 50FCll' wlbaqery and charger- S1N: 9AS22896 ~-'r ~
000 11(01l2001 S 0.00 ~ 0.00 $ 28,517.80 / $ 0.00 S 0.00 5 28,517.80
Acq~nsition Year End=1212C01 ~ 0.00 ~ 0.00 5 28,511.8~ S O.~C 3 0.00 S 28,517.80
Count =1 ~
~NoCalegaySe%Cled> S 0.00 $ 0.00 5 28,517.80 $ 0.00 S 0.00 $ 28,517.80
Count =1
AcqursiGa?Dafe=2A91 S 0.00 S 0.00 ~ 28,5f7.60 ~ 0.00 5 6.00 S 28,517.80
Count=l
Ac~puisiL'on0are _ 21~8
<No CalegorySeleded>
AcquisP~on Year End =12l2008
065984 2008FiaorSuubber-FacioryCatXR4aC•sln50t82(ThiesAcq.)
Q00 Ofi~2N2008 5 6,445.00 S 0.00 5 0.00 5 0.00 S D.OC 5 6,445A0
005990 2007 Tcyota Etec. ForkCh • sln: 608?8 (Thies Acq.)
000 o~2n2ooe a.oo o.oo o.oo o.oo o.~o 000
OG599 t 2006 Toyota Pallet Jac~ • sln: 32163 {Thies Acq.J
ooa oer2~r2ooa o.oo o.oc o.oa o.oo o.oo o.a^
005992 2006 Tcyota Pallet Jack - sln: 32164 (Thies Acq.~
Marc~ 16, 201Q at 4:05 PM
Page b
' 2009 J, J, Taylor Companies, In
Property Tax - Detail Report
Far the period ended December 31, 2009
Group = Treasure Coast
Book = Intemal
PTAcq CunentYear CurrentYear CurtentYeaz CurrentYeaz
Sys No Ezt Date Beginning Cost Acquisilions Transters•In Transiers Out Dispasifwns Ending Cflst
GIL Asset Accl No = d1 •1445
AaquisiGonData=2~OB
~NoCa~egorySe/eded~
Acqui~tion Yeaz End =12l2008
000 06l27/2008 0.00 0.00 0.00 0.00 0.00 0.00
005993 200b Toyota Pallet Jack • sln: 32155 (Thies Acq.M
000 06J2712008 0.00 D.00 0.00 O.OQ 0.00 0.00
005994 2005 Toyota Pallet Jadc • sln: 32166 (Thies Acq.)
000 o~zri2ooa o.oo o.oo o.oo o.oo o.oo o.oo
005995 2006 Toycta Pallet Jack - sln: 32158 (Thies Acq.)
000 osr2~rzooe a.oo o.ao o.oo o.oo o.oa o.ao
0~599b 2007 ToyGa Pallet Jack • sln: 69044 (Thies Acq.}
000 0612712008 0.00 0.00 0.00 0.00 0.06 6.00
005997 2003 Hyster Pa~el Jack ~ s/n: 2725a (condilion badj (Thies Acq.~
000 0612712008 0.00 0.00 0.00 0,00 0.00 0.00
005998 2003 Hyster Pallel Jack • s/n: 2728a {condiGon bad) ~Thies Acq.)
000 06f2712008 0.00 0.00 0.00 0.00 4.00 0.00
005949 2003 Hysler Pallel Jack • yn: 2727a (condi6on had) (Thies Acq.)
000 0612712008 0.40 0.00 0.00 0.00 0.00 0.00
006000 2005 Gown Pallet Jack • sln, 225699 (Thies Acq.)
000 0~2»2oos o.oo o.ao o.oo a.oo o.oo o.ao
606001 2004 DoverJack•smz45-Unit y 100 (Equip.#15305) {FTP) (Thies Acq.}sln: 344058002 ~
Q00 06121I2008 0.00 0.00 0,00 0.00 0.00 0.00
006002 DriverJac;c-Un~~202(FTP}(ThiesAc4•f (EquiP.~9931}sIn:270650D1
000 or~~nooa o.oo o.oo a.oo a.ao o.oo o.oo
0060Q3 1998 DdverJadc • Unit A203 (FTP) (Eq~rip.S11191~ (Thies Acq.J sIn:28232002
000 06127/20Q8 0.00 0.00 0.00 0.00 0.00 OAO
006004 1998 DriverJack • Unit #204 (F'fP~ (Equip.At 1190) ~Thies Acq.) sln, 28323200t
000 06127l2006 0.00 0.00 0.00 0.00 0.00 0.00
006045 1995 Driver Jads • Unit A205 (Equip.~8378} (Thies Acq.) s/n: 60053317
D00 06/27/2006 0,00 O.UO 0,00 0.00 . 0.00 0.00
d060D6 20040riverJack•smx45-Unit~101•Equip,N15307(ThiesAcq.}sfi:34057009
000 06/2712008 0.00 0.00 0.00 O.UO 0.~0 0.00
006007 Driver,~dt-Uniltbl2•Equip.f664(FTPj~ThiesAcq.)sIn:2016365
000 06l2712008 0.06 0.00 0.00 0.00 OAC O.Ob
006922 IceMacNne•Manitowoc-Op•0212A111St (TexasShortOrderLP}
000 07/10120Q8 2223.00 0.00 O.OD 0.00 0.00 2,223.OC
OOb090 Crown WP2340-45 Walkie Pallet Jack • sln: 5A37204~
6,410.88 0.00 0.00 0.00 0.00 fi,410.88
OOb091 Crown ti17'234a45 Walkie Pallet Jack - sln: 5A372046
000 041t012008 6,410.98 0,00 6.00 0.00 0.00 6,4t0.88
OD6092 Crown WP234a45 Walkie Pallet Jack • sfn: 5A372045
fl00 0911a2l108 6,410.88 0.00 0.00 0.00 O.AO 6,410.88
OQ6093 Crown ~NP2340~45 Wallcie Pallel Jack - sln: SA372044
000 09I1012068 6,410.86 0.00 0.00 O.UO 0.00 6.410.88
006198 Crovm Walkie Pa~et 7ruck - sln: 5A374278 wlEattery
000 1?/01I2068 6,410.88 0.00 0.00 O.QO O.AO E,410.88
006199 Crown Walkie Pailel Tmck - s/n: 5A37A277 wlBanery
fi00 12Ip112008 6,410.88 0.00 D.00 0.00 O.QO 6,410,68
006203 Cascade Single/Double Ariaclment fa FlLilt • sIn:70990 (Toyola}
000 12/03l2068 13111.76 0.00 0.00 0.00 4,00 13,111.76
6062Q7 Dak Plates (2~ (AWS Building & Equipment)
000 1?JU1/2008 2,60200 0.00 0.00 0.00 G.00 2,602.00
March 18, 2010 al 4:05 PM PaSe 1
~ 2009 J. J. Taylor Companies, In
Property Taz • Detail Reporl
For the period ended December 31, 2009
Group = Treasure Coasl
Book = Intemal
PT Acq Cunent Year Current Year Curtent Yeaz Curtenl Year
Sys No Ezt Date Beginr,inq Cost A~quisiUons Transfers-In Transiers Out Dispositions Endn Cost
ClI. Asset Acct No = 01•1445
Ac~quisifion Date = 2A98
~No CalegorySelecled~
Acqwsi6on Yexr End =11/2008
OD6211 Dock Plates (Arbon Equipment Corp}
OOD 12I0112006 2,044,92 D.00 0.00 0.00 0.00 2,U44.52
006216 SnglelDouble Atlachmert fa F/Lifl • sln; 70953 (ToyoU~
~~y>>~~ 16,658.24 0.00 0.00 0.00 0.00 16,65A24
Acquisition Yeu End=17J2008 ~ 81,550.20 S 0.00 S 0.00 5 0.00 S O.6Q S 81,550.20
Count = 3D
~NoCalegaySe/eded~ S 81,550.20 5 0.00 5 0.00 5 0.00 S O.Od S 81,55020 ~
CounE ~ 30
Acquisition Dafs = 2A06 S 81,55020 5 0.00 S 0.00 S 9.Q0 S 0.00 S 81,550.20
Counl = 39
Ac~uistiar~ Da1e =Za79
~NoCalegarySe%cled>
Atquisition Year End =1212U09
006221 Crown Single Double Fll.ix Attachment •sln: 984528• 1
~ Q~~ ~ 0.00 5 13,029.52 S 0.00 5 0.00 S 0.00 S 13,024.52
606223 Toyota Lih Single/Double Adachment - sln: 97b192-1
U00 07/03/2009 0.00 14,02f.32 0.00 0.00 0.06 14,021.32
006224 Ridng Mower tor Treasure Coas! (Everglades Farm Equipment)
000 01l06l2049 0.00 3,178.94 0.00 0.06 0.00 3,178.94
Q06?3E SUetch Wrap Machine•Phaiiex PlP-2120 • s/n: 09021455 (Quick Pak Inc.)
ODO 03/0112009 0.00 8.474.00 0.00 0.00 0.00 8,914.00
Acquisition Year End =12120p9 ~ 0.00 3 39,203.7B $ 0.00 S 0.00 ~ 0.00 b 39,2a3.78
Counl = 4
cNoCalegaySe/ecled> 5 0.00 S 39,203]8 S 0.40 S 0.00 b 0.00 S 39,2~3]e
Count = 4
Acquistion0ate~2009 $ 0,00 S 39,20378 ~ O.DO S 0.00 5 0.00 S 39,203.76
Cowt = 4
GlLAssetAcdNo=01•1445 b 61,55420 5 39,203.78 $ 61,860,80 $ 0.00 ~ 0.00 S 1&B,6i4.18
Count = 36
Grand Total S 321,282.45 S 41,365.13 ~ 67,860.86 S 0.00 S 913.21 b 429,595.77
Count =123
~larch 1A, 20t0a1 4:05 PM Page 8
~ 2009 J. J, Taylor Companies, In
Properry Tax • Detail Report
For the period ended December 31, 2009
Group = Treasure Coast
Book = InternaE
PT Acq Current Year Current Year Current Year Cunent Year
Sys No Ext Date Beginning Cosl Acquisitions Transfers•in Transiers-ON Dispositions Ending Cost
ReporlAssumpGons
.
~
RepMName: AropzrtyTax•De!at
Source RepoA: <Standard Repo:~
Cakulauon Assumptans
N~? app6caMero Ihis repod
Group/Soning Crileria:
Group =Treasure Coazt
Include Assets fhal meet the klowing oons~No~:
GA. Hsset Accl No's hehreen Oi•1400 and 01 •1445
Location is 39
SoRed byr. G+L Asset Accl No (with sublolals), qcqui~lion Dale (rrAh su5lolals byyea~J,
AccuaiL'on Date (descendng arder wAh subiotak byyear~, System No, Ebe~ion
PropeAy Taz Report AssumpGons:
Prapeny Tax Category =<No Calegory Selecled>
AoquisRion Year de[ermined Iram Acquisiilion Ddte
Summanze assets acqu'oed belae: <No Qate Selected>
Alarch 18, 2010 al 4:03 PM
Page 9
1r~~
AGENDA REQUEST
.~.~~...,.~.~..._.a..~
' ITEM NO. Vi-)3
~
• DAT~: )ANUARY 6, 2009 ;
~ ` ~ •
REGULAR I
~ i
PllSLIC HEARING '
;
CANSENT [x] ;
i
TO: Board of County Commissioners PRE ED BY
St1BMITTED BY jD~PT1:Admintstradon Do gi, . Andenon
Cou ty dministrator
SU_
B~~ Proposed New Distributor Operadon - Letter of lntent (LOl)
BACKGROtIND: See attached LOI and memorandum
Fl1NDS AVAILABLE: Funds will be made availab(e (esG 2009/2010 fiscal year and 4 years
thereafter) througfi the budget process udlizing non Ad Valorem revenues as
the primary funding preference.
PREVIOl1S ACTION: N/A
RECOMMENDATION: Staff recommends the approvaf of the September 22, 2008 Letter of
lntent Agreement with the proposed new dtstributor operation.
COMMISSION ACTION: CONCCiRRENCE:
~APPROVED [I DENIED
Approved 5-0 :
OTHER:
-~I~~ Dougtas M. Anderson
U County Administrator ~
~
Review and Approvals
Counry Attorney: Management 8i Budge~ Purchasing:
Ori~nating Dep~ Other: Other:
Finance: ~a,eck ror coi,Y o~y, ~r,~ik,u~~> Effectfve: 5/96
i
` ~ r - COUNTY ADMINISTRATION '
•
' ' ' ' MEMORANDUM ~
OB-108
TO: B~ard of County Cornmissioners
FROM: Douglas M. Anderson, County Administrator
DATE: January 6, 2009
RE: Letter of Intent (LOI) - Distributor
BACKGROUND
Please find attached a Letter of Intent (LOI) I sent to Larry Pelton, President, Economic
Development Council, on September 22, 2008, outlining incentives for the proposed new
distributor operation, subject to Board of County Commissioners' approval.
At this time, the owner of the project has decided to move forward. Based upon the data
provided the County, this employer will hire 72 new employees with an average hourly
wage rate of approximately $22.36, while making a$5,800,000 investment.
The estimated total incentive package over 9 years by the County totals $277,552, based
upQn today's estimates.
RECOMMENDATION
Staff recommends sending a Board of County Commissioners` approved LOI to the
proposed new distributor operation, outlining these incentives.
bMA/ab 08-108
c: Faye Outlaw, Assistant County Administrator
Dan Mclntyre, County Attorney
Larry Daum, Economic Development Manager
~arry Pelton, President, Economic Development Council
~
,t
f
~ O ^ I 1 D \ ~ ' . ~.eun+~+.~,..rwo.v~. ;
COUNTY ;
COU`NTY ~ ADMINISTRATUR ~
COMMISSIONERS ' ' ' ' '
DOUGLAS M. ANDERSON
September 22, 2008
Economic Development Council of St. Lucie County ~ f
Larry Pelton, President ~'a
1850 SW Fountainview Blvd., Suite 205 dP/~
Por ~
t St. Lucie, FL., 34986 CO~
RE: Letter of Intent - Distributor
Dear Mr. Pelton:
St. Lucie County is pleased to present an estimated incentive package based
upon a$5,800,000 capital investment including land together with 72 new
employees with an average hourly wage of $22.36 for the proposed new
operation. It is our understanding the distributor will construct and own the
building. ~
Tax Abatem.ent Proaram
Based upon the investment for building and equipment, $3,600,000, the Tax
Abatement Program calculated over a 9-year period on a declining basis
calculates out to be $120,952, based upon the current property tax rate. Any
Tax Abatement Program is subject to a public hearing and v~te by the Board of
County Commissioners once a Certificate of Occupancy is received.
Job Growth Incentiue Grant
Assuming the connpany hires 72 new employees at an average hourly rate of
$22.36, the Job Growth Incentive Grant (JGIG) calculates out to $156,600.
The company is eligible for this program after the 72 positions are filled for at
least one year, with payroll records submitted to the County. The $156,600
would be paid aut to the company over five years at ~31,320 per year.
Once again, the JGIG is subject to approval by the Board of County
Commissioners. Therefore, the County is offering, based upon the information
provided us, total incentives equaling $277,552.
Incentive Summa ~
Property Tax Abatement $120,952
Job Growth Incentive Grant 156,600
Total lncentives $277, 552
iOSEPH E. SMIiH DiSrnct No. 1• DOUG COWAND. Durncr No. 2• PAULA A. LEWIi Disrncr Nc • CHHRLES GRANDE Uivncr No CHI~IS CRAFT, DisrnCt NO. ~
Counry Adminnrroror • [)ouqlos M. Anderson
2300 Virginio Avenue • Forr Pierc~, FL 34982-5652 • Phone (772) 462-145~ • TbD (772) 462-1428
FAX (772) 462-1648 • emoil: dougo~rco.st-lucie.fl.us
web sire: www.co.sr-lucie.fl.us
~
Page 2 ~
September 22, 2008
Letter of Intent ~
We look forward to working with this new company and bringing these nec~~
jobs to St. Lucie County.
i .
Sincerely
~
Douglas M. Anderson
County Administrator
DMA/ab 08-94 ~
~
0
ORDINANCE NO. 11-029
AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO
ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNIY; ESTABLISHING
AN EXEMPTION FROM CERTAIN AD YALOREM TAXA710N FOR J.J.
TAYLOR DISTRIBUTING FLORIDA, INC., 655 NORTH A1A, JUPITER,
FLORIDA, A NEW BUSINESS; PROVIDING THE AMOUNT OF REVENUE
AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL
YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT
FISCAL YEAR WHICH WOUID BE LOST BECAUSE OF THE EXEMPTION
GRANTED TO J.J. TAYLOR DISTRIBUTING FLORIDA, INC.; PROVIDING AN
EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARb
ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT J.J.
TAYLOR DISTRIBUTING FLORlDA, INC. MEETSTHE DEFINITION OF A NEW
BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDtNG AN
EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
ARTICLE I
Short Title
This Ordinance shall be known as County Ordinance No. 11-019 "Economic Development Ad
Valorem Tax Exemption -JJ. Taylor Distributing Florida, Inc.
ARTICLE II
Procedure
After consideration of the report of the Property Appraiser and in accordance with the procedure
set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of
St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the
assessed value of J.J. Taylor Distributing Florida, Inc., 655 North A1A, Jupiter, Florida, in accordance with
the following exemption phase out schedule:
Year 1(Fiscal Year 2011-12) - 100%
Year 2 - 80%
Year 3 - 60%
Year 4 - 40%
Year 5 _ Zp~
,
No exemption shall be gra.nted on the land on which improvements are made by J.J. Taylor
Distributing Florida, Inc.
ARTICLE III
Ad Vatorem Tax Revenues
Total revenues are available to the County for the current fiscal year from ad valorem tax sources
is $122,631,960.71. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions
under this section currently in effect are $36,405.87 in ad valorem revenues and $122,522.14 in tangible
personal property tax revenues. Revenues to be lost by granting of this exemption for the current fiscal
year are estimated to be $$6,177.30 in ad valorem revenues and $2,022.69 in personal property tax
revenues.
ARTICLE IV
Exqiration Date
The Economic Development Ad Valorem Tax Exemption granted to J.J. Distributing Florida, Inc., a
new business shall be for five (5) years from the date of Board adoption of this Ordinance.
ARTICLE V
FindinQ
The Board of County Commissioners of St. lucie County, Florida, finds that J.J. Taylor Distributing,
Inc. is a new business as defined by St. lucie County O~dinance No. 92-24 and Section 196.012(16), Florida
Statutes. The Board reserves the right to repeal the exemption if J.J. Taylor Distributing, Inc. no longer
satisfies the criteria set out above.
ARTICLE VI
Severabilitv
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for
any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such
K•
portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall
not affect the validity of the remaining portions of this Ordinance.
ARTICLE VII
Effective Date
This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State.
ARTICLE VIII
Adoution
After motion and second, the vote on this Ordinance was as follows:
Chairman Chris Craft XXX
Vice Chairman Chris Dzadovsky XXX
Commissioner Tod Mowery XXX
Commissioner Paula Lewis XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED this day of . 2011.
AT7EST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
~ BY:
County Attorney
• - ITEM NO. VI-C
~ _ . ~ , - DATE: 05/03/2011 '
~ I
~ . • s • AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ~ )
QUASI-JD ( ) I
CONSENT (X) I''
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B~
JacK T. Southard
SUBMITTED BY: Public Safety & Communications Public Safety & C munications
Dire~tor
SUBJECT: Professional Services Agreement with the Treasure Coast Regional Planning
Council for the development of Phase II, Post-Disaster Redevelqpment Plan
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001535-2510-534000-200 (Other Contractual Services)
Homeland Secuirty Federally-Funded Sub-grant Agreement
PREVIOUS ACTION: N/A
RECOMMENDATION: goard approval of Professional Services Agreement with the Treasure Coast
Regional -Planning Council for the development of Phase II, Post-Disaster
Redevelopment Plan in the amount of $63,497 and authorization for the Chairman
to sign documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
~ ) OTHER
Faye W. Outlaw, MPA ~
County Administrator
Coordination/Siqnatures
County Attorney ( ) t~~ OMB Director ( ) - ~
_ Budget Analyst t+~ l 11 i ~
• Daniel Mclntyre Marie M. Gouin
Patricia Marston
Originating Dept. ( ) ERD )
(Name) (Name)
;
Public Safety ~ Communications
_.p ~ _ : . pepartment
~ .
~ . , 1 .
_ _ MEMORANDUM
TO: Board of County Commissio
FROM: Jack T. Southard, Director
Public Safety & Communic ns epartment
DATE: May 3, 2011
SUBJECT: Professional Services Agreement with the Treasure Coast Regional Planning
Council for the development of Phase I1, Post-Disaster Redevelopment Plan
ITEM NO. VI-C
Backqround:
On January 18, 2011, the Board of County Commissioners approved the State Homeland Security
Federally funded Sub-grant Agreement. As part of that agreement, St. Lucie County is expected to
develop a St. Lucie County Post-Disaster Redevelopment Plan (PDRP).
The purpose of this agreement is to provide the basis under which the County and Treasure Coast
Regional Planning Council agree to.cooperate in the development of Phase II of the St. Lucie County
~ PDRP in the amount of $63,497: The agreement amount is above the County Administrator signature
timit.
Recommendation:
Board approval of the Professional Services agreement with Treasure Coast Planning Council for
Phase II of the St. Lucie County Post-Disaster Redevelopment Plan in the amount of $63,497 and
authorization for the Chairman to sign documents as approved by the County Attorney. -
~
;
i
I
~
I
;
~
~ . PROFESSIONAL SERVICES AGREEMENT
BETWEEN
~ ST. LUCIE COUNTY
AND
TREASURE COAST REGIONAL PLANNING COUNCIL
FOR
PHASE II - POST-DISASTER REDEVELOPMENT PLAN DEVELOPMENT
This agreement entered into on the date specified herein by and between St. Lucie County, Florida,
hereinafter xeferred to as the "County" and the Treasure Coast Regional Planning Council, hereinafter
referred to as the "TCRPC". The purpose of this Agreement is to provide the basis under which the
County and the TCRPC agree to cooperate in the development of Phase II of the St. Lucie County
Post-Disaster Redevelopment Plan (PDRP).
WHEREAS, the TCRPC is authorized to provide technical assistance to local governments in the
Treasure Coast Region. ' . •
WHEREAS, it is hereby declared to lie in the public interest and the purpose of this Professional
Services Agreement that the County and the TCRPC jointly pledge their intention to cooperatively
coordinate to complete the technical studies required to develop the PDRP in accordance with state
and federal regulations. and within the guidelines of best practices developed by the Florida
Department of Community Affairs and the Florida Division of Emergency Management.
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
Specific areas of agreement to coordinate respective activities are as follows:
ARTICLE 1
SCOPE OF SERVTCES
The TCRPC shall furnish the necessary staff, materials, services and facilities (except as otherwise
provided herein) and shall do all th'ings necessary for or incident to the performance of work and
sexvices set forth in this Agreement and in the Scope of Services attached hereto and incorporated by
reference as Attachment A of this Agreement.
The Agreement shall begin upon the execution of this Agreement and shall end on April 30, 2013.
The Agreement shall be extended without further action if the County Agreement with the Florida
Departmenf of Community Affairs (DCA), Division of Emergency Management (DEM) is extended.
The TCRPC shall provide all staff services to the County for the development of the PDRP as
identified in the Scope of Work (Attachment A) and made part of this Agreement. The TCRPC shall
be bound by the Agreement with the County and requirements specified in the DCAJDEM Fiscal
Year 2010 State Homeland Security Grant Program contract. The Council shall commence and
complete the project with all practical dispatch and in accordance with the provisions herein.
St. Lucie County
2011 Post-Disaster Redevelopment Plan Agreement
ARTICLE II
COMPENSATION AND METHOD OF PAYlVIENT
Compensation to the TCRPC shall be an amount of $63,497,00
The Coun.ty wi11 pay compensataon to ~l~.e TCRPC upon receiving an invoice on a quarterly reporting
period based on completion of activities iden~ified in the Scope of Work (Attachnaent A). Payznent
procedures for this Agreement consist af a quaxtexly invoice initiated by the TCRPC to the County
following the submission af deliverables within the scheduled time frame fox Phase II of the PDRP.
A.RTICLE III
~ INDEPENDENT C4~VTRACTOR
The TCRPC shall perform and render such work as an independent con~racfior and not as an ageat,
representative or employee of the Caunty, Such work shall be performed in. a proper manner,
satisfactory to the County and those departments%divisions participating in the development of the
PDRP,
ARTICLE IV
CQNTROLL~TG LAW / LIASTLITY
This .Agreement is to be governed by the laws af the State of Florida. The TCRPC will hold harmless
the County against a11 claims of whatever nature arising out of the TCRPC's performance of work
under this Agreement with St. Lucie County to the extent allowed and required by law. The County
sha11 hold harmless the TCRPC against a11 claims of whatevex nature arising out of the per~ormance
of work under this Agreement with the County to the extent allowed and requixed by ~aw. ~
ARTICLE V ~
. TERIVIINAT'IUN
Tlus Agreeme~at may be terminated fvr any reason by either the Cau.nty or the TCRPC. In the event of
termination, the TCRPC sha11 be paid £or se'rvices performed to tlie termination date, on a
proportionate basis. Without waiving their rights to terniinate this Agre~ent, the County xnay delay,
withhold or adjust payments under this Agreement. And the TCRPC may delay or withhold its
services in an atteronpt by each party to give the other party au oppoz~tunity to ful.fill its obligations or
to cozrect any violation of this Agreement,
St. Lttcie County 2
2011 PostDisastet•RedevelopmentPlanAgr•eement
ARTICLE VI
. ASSIGNS & THIR.D PARTY CONTRACTS
The TCRPC and the County each binds itself and its partners, successors, executors, administrators,
assigns and legal representative of such party, in respect to all covenants and obligations of this
Agreement. Nothing herein shall be construed to give any rights hereunder to anyone other than the
TCRPC and the County, -
Except as otherwise authorized in writing by the County, the TCRPC shall not execute any contract
or obligate itself in any other manner with any third party with respect to the project. It is understood
and agreed to that no supplemental agreement of any natuxe may be entexed into by the parties hereto
w'ith regard to the work to be performed hereunder without the concurrence of the County and the
TCRPC, anything to the contrary in this Agreernent notwithstanding.
ARTICLE VII ~
REPORTING REQUIREMENTS AND REIMBURSEMENTS
A final Phase II PDRP shall be submitted to the St. Lucie County Emergency Management Divis~ion
and the Division of Community Planning in accordance with this Agreement and the Reporting
Schedule (Attachment B). .
. ARTICLE VIII ~
~ A.DDITIONAL CONSIDERATIONS ~
It is not the intent of this Agreement to specify all areas that can or should be effectively coordinated.
This Agreement will serve as documeritation of minimum compliance with the above sections and
moxe generally to serve as a joint pledge of cooperatior~ realizing the mutual benefit to be derived for -
effectuating a close and realistic working relationship. ,
~ ARTICLE IX
AUDIT AND INSPECTION . .
The TCRPC shall permit the County to inspect all work, payrolls, records, invoices, and other
relevant data; and to audit the books, records and accounts of the TCRPC pertaining to the
development of the project: Reeords of costs incurred under terms of this Agreernent shall be ~
maintained and made available upon request.
ARTICLE X
NONDISCRIMINATION ~
The TCRPC shall comply with federal regulations relative to non-discrimination in federally assisted
programs. The TCRPC will not discriminate on the grounds of race, color, religion, sex or national
origin.
St. Lucie Coa~nty 3
2011 Post-Disaster Redevelopment Plan Agreement .
AGREEMENT SIGNATURES AND DATE
This agreement and its referenced attachments constitute all the tei~xns and conditions agreed upon by
the parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date written
below.
FOR THE COUNTY: FOR THE TCRPC:
ST. LUCIE COUNTY TREASURE.COAST
REGIONAL PLANNING COUNCIL
BY: BY:
, Chairman Michael J. Busha
~ ~ C~,.c,.~.\ S ~~Sti,a.. '
Date Name/Title ~.~ec~~.~,~ p~ C'~c~o~-
Approved: . ~C~.c'c~ ~ ~ `aC7 \ 1 .
. ~Date
County Administrator ~ ~ ~ ~
Attest: , Clexlc . ~ ~
By: ~ ~ .
St. Lucie County 4
2011 Post-Disaster Redeveloprnent Plan Agreement
' ATTACHMENT A
SCOPE OF WORK
PHASE II - POST-DISASTER REDEVELOPMENT PLAN
The Treasure Coast Regional Planning Council (TCRPC) will provide the following services for St.
Lucie County (County) to meet the requirements of the Fiscal Year 2010 State Homeland Security
Grant Program (SHSGP) contract between the County and the Florida Division of Emergency
Management for the development of Phase II of the St. Lucie Post-Disaster Redevelopment Plan
(PDRP). The contract grant period began October 1, 2010 and shall end on April 30, 2013. For
purposes of this Agreement between the County and the TCRPC, services shall cornmence upon
execution of this Agreement and shall end on Apri130, 2013.
The PDRP shall be developed in accordance with this scope of services as an attachment to the .
Professional Services Agreement established between St. Lucie County and the TCRPC. The St.
Lucie County PDRP shall contain the elements recommended within the publication: Post Disaster
Redevelopment Planning, A Guzde fo~ Flo~zda Communities (2010, Florida Department of
Community Affairs and Florida Division of Emergency Management) and where applicable shall be
used as reference for inclusion of additional elements or tempering of elements determined by the
Stakeholder Coxnmittee and community input. The PDRP will be written.to the "Recommended'' or
"Advanced" level as per the guidelines mentioned above.
This is a Professional Services Agreennent between the County and the TCRPC. The intent is for the
TCRPC to complete the scope of work re~uired under the original County contract with the State. In
all cases where this Agreement is inconsistent with the scope of work with the County/State contract,
the. County/State contract shall be the controlling contract.
PURPOSE
The purpose of this Agreement is to develop Phase II of the St. Lucie County PDRP utilizing FY10
SHSGP funding. The PDRP will facilitate county planning of processes to establish policies and
provide guidance to ensure vulnerable communities undertake preparations to enable long-term
sustainability through pre-disaster planning and post-disaster implementation. The PDRP process
engages local governments in a collaborative effort to create long term recovery and redevelopment
strategies in pursuit of a more disaster resilient and sustainable community.
- I. WORK PRODUCTS
This is a sub-agreement between the County and the TCRPC. The intent is for the TCRPC to
complete the Scope of Work required under the original County contract with the State and as
determined by the Post Disaster Redevelopment Planning, A Guide for Florida Communities
publication. In all cases where this Agreement is inconsistent with the Scope of Work with the
County/State Contract, the County/State contract shall be the controlling Scope of Work.
The TCRPC shall provide tWenty (20) printed copies and twenty (20) digital copies (cornpact disc or
similar) of the completed Phase T and Phase II elements in one final completed document consistent
with the Reporting Schedule in Attachment B. The County will be responsible for contract
maintenance and final deliverables submission between the Florida Department of Community
Affairs, Diyision of Emergency Management and the County.
St. Lucie County 5
2011 Post-Disaster Redevelopment P.1an Agreement
II. COOPERATION
The following individuals shall be the primary contact persons under this Agreement:
St. Lucie County
Mr: Tom Daly
Emergency Management Coordinator
St. Lucie'County Division of Emergency Management
15305 W. Midway Road
Fort Pierce, Florida 34945
(772) 462-8100 ,
E-mail: dal~t
cu,stlucieco.org
Treasure Coast Regional Planning Council
Ms. Kathryn E. Boer
Emergency Programs Coordinator
Treasure Coast Regional Planning Council
- 421 SW Camden Avenue
~ Stuart, Florida 34994
(772) 221-4060
E-mail: kboer cr,tcrpc.org
St. Lucie County 6
2011.Post-Disaster Redevelopment Plan A~reement
y ~
~ III. PHASE II- POST-DISASTER REDEVELOPMENT PLAN TASKS
This scope of services represents Phase II in the developnZent of the St. Lucie County PDRP to be
undertaken utilizing FY10 State Homeland Security Grant Progr~am (SHSGP) funding. The intent is
to utilize the FY09 SHSGP funding fo~ Phase I until depleted and then engage Phase II with FYIO
SHSGP fund resources. _
This scope of services is an attachment to the Professional Services Agreement established between
St. Lucie County and the Treasure Coast Regional Planning Council (TCRPC) for the development of
a Post-Disaster Redevelopment Plan (PDRP). The St. Lucie County PDRP shall contain the elements
recommended within the publication: Post Disaster Redevelopment Planning, A Guzde for FloNida
Communities (2010, Florida Department of Community Affairs and Florida Division of Emergency
Management) and where applicable shall be used as reference for inclusion of additional elements or
tempering of elements determined by the Stakeholder Committee and community input. Parentheses
indicate the continuation task numbers from Phase 1.
Task 1(6)-Outreach and Coordination Strategy
Public outreach is vital to the PDRP development process. The TCRPC, County -PDRP Coordinator,
the Emergency Management Division and Department of Growth Management will coordinate to
provide for various means of public notifications of the progress of the .PDRP process and
deve~opment, publish public meeting dates and address public comment. This may include the
establishment of a public access webpage housed on the St. Lucie County website and/or other
options available to the County. As noted in Task l: Stakeholder Committee; a minimum of one (1)
public workshop will take place during the development of the PDRP.
A strategy for long-term recovery information collection and dissemination will be developed pre-
and post a disaster. The strategy will also address regional and state coordination during disaster
recovery and public participation in redevelopment decisions.
Coordination between the St. Lucie County Division of Emergency Management, Department of
Growth Management, and the Stakeholder Committee is important for the success of this program
and will be maintained this project. The TCRPC, consultants and PDRP Coordinators will be asked to
attend at a minimum 3 coordination meetings to discuss issues and evaluate progress during the
PDRP development.
Deliverables:
1. Outreach and Coordination Chapter
Task 2 (7) - Financing Plan
The TCRPC with assistance from the Stakeholder Committee will facilitate the development of a plan
or.strategy that addresses possible funding resources after a disaster. This element of the plan details
~ how local revenues, reserves, and loans, state and federal assistance programs, private sector and non-
profit contributions, mutual aid agreements and pre-established recovery contracts will be put into
practice following a disaster. This strategy should match the county's anticipated needs with
necessary funding resources and plan for stipulations of outside resources. A process for management
of these additional resources in the aftermath of the disaster should be identified or included in the
Action Plan of Task 8 for future development.
St. Lucie County 7
2011 Post-Disaster Redevelopment Plan A.greement
Deliverables: -
1. Financing Plan/Strategy Chapter
Task 3 (8) - Action Plan
Based on the findings in the Local Government Capacity Assessment, the Vulnerability Identification
and Policies arid Procedures sections of the developing PDRP, and integrating and analyzing
Committee and public workshop community input; post-disaster redevelopznent goals/objectives and
issues specific to the community and consistent vwith other local plans• will be identified. Issues
addressed vvill include at a minimum, but are not limited to; Land Use, Housing, Economic
Redevelopment, Infrastructure and Public Facilities, Health and Social Services and the Environment
will be determined and prioritized by the Committee and/or public input. A summary of
recommendations on solutions/actions will be developed to address each issue with assistance from
the Committee. Working groups may be established for issues that require subject matter experts or
stakeholders specific to those issues to better facilitate the Action Plan development. The Action Plan
must address responsible parties, timing, and cost considerations and identify actions that can be
taken before a disaster to prepare the community from those that should be taken after a disaster as
well as differentiate between short-term and long-term actions.
Deliverables:
1. List of post-disaster goals/objectives ~
2. Prioritized list of issues with short descriptions
3: Actions list or matrix
Task 4 (9) - Implementation Plan
The PDRP Stakeholder Committee will develop an implementation plan chapter for the PDRP. A
recommended process based on conversations with the PDRP Coordinator and members of the
Stakeholder Committee that best suits the community's institutional organization will developed.
Elements to be included in this chapter will be a milestone schedule for transition including
instructions for plan activation and deactivation, a maintenance and update, schedule and
methodology, as well as, pre-disaster and post-disaster ~ action plan implementation procedures. .
Elements may include, exercise and training schedule and methodology and development of post-
disaster recovery ordinances, interpretation of existing post-disaster policies that may be utilized
(refer to crosswalk in Task 3). The Implementation Plan will be presented to the Committee for
comments and approval. Once approved, it will be included in the final PDRP.
Deliverables:
l: Post-disaster decision-making organizational chart
2. Implementation Plan Chapter ~
Task 5 (10) - Final Plan
The TCRPC will compile the PDRP from the pieces developed in Phase I and II and present to the
Stakeholder Committee for final review and approval. Edits will be made to the plan based on
Committee input and the PDRP Coordinator will be provided with a finaT digital, editable copy of the
plan and any data sets created as well as up to 20 hardcopies of the final plan. GIS shape files, tables
joined with the shape files, .meta data and ARC Map project files used to create maps and conduct
analysis will be provided as part of the finished product.
The St. Lucie County PDRP Coordinator will provide to the Division a final digital, editable copy of
the plan and any data sets created as well as 2 hardcopies of the final plan. .
St. Lucie County 8
2011 Post-Disaster Redevelopment Plan Agreement
, ~
Note: The Track-Changes editing tool will not be used in the development draft documents during
this entire project to avoid software conflicts when imported into the St. Lucie County software data
drives.
Deliverables:
l . Post-Disaster Redevelopment Plan
2. Final digital copy of Plan in both editable version and PDF
3. Digital copies of data sets, GIS shapefiles, meta-data and ARC Map files. ,
St. Lucie Gounty 9
2011 Post-Disaster Redevelopment Plan Agreement
s' ^
REPORTING SCHEDULE
ATTACHMENT B
This is a sub-agreement between the County and the TCRPC. The intent is for the TCRPC to
complete the Scope of Work required under the original County Contract with the State. In all cases
where this Agreement is inconsistent with the Scope of Work with the County/State Contract, the
County/State contract shall be the controlling Scope of Work.
1• ,i 1 1~
Continued~Task: Stakeholder Committee
• Committee Roster . June 30, 2012
• Committee meeting agendas and minutes September 30, 2012
December 31,2012
Note: This assumes a committee meeting each March 31, 2013
udrter.
Continued T.ask: Coordination and Evaluation June 30, 2012
• Quarterly Progress Reports September 30, 2012
December 31,2012
March 31, 2013 .
Task 6: Outreach and Coordination Strategy June 30, 2012
• Outreach and Coordination Cha ter
Task 7: Financing Strategy September 30, 2012
• Financin Cha ter
Task 8: Action Plan
• List of post-disaster goals/objectives
• Prioritized list of issues with short December 31, 2012
descriptions
• Actions list or matrix
Task 9: Implementation Plan
• Post-disaster decision-making March 31, 2013
organizational chart
~ Im lementation Plan Cha ter
Task 10: Final Plan -
• Post-Disaster Redevelopment Plan
~ Final digital copy of Plan in both editable April 30, 2013
version and PDF
• Di ital co ies of data sets created
FINAL PHASE II Completion March 31, 2013
FINAL PHASE I and PHASE II Plan Apri130, 201.3
St. Lucie County 10
2011 Post-Disaster Redevelopment Plan Agreement
~
; ITEM NO. VI-D'_
~ ~ a ~,ow~ ~~P
i x1;_ni
DATE: 05/03/11
s
. . , . AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD (
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY•
SUBMITTED BY: Planning & Development Services Todd A. Cox
St. Lucie County International Airport Airport Manag
SUBJECT: Bid No. 11-010; Taxiways A& B Rehabilitation Conditional Award
BACKGROUND: See attached memorandum.
~ FUNDS AVAILABLE: 140367-4220-563000-104601 - Infrastructure (pending BOCC approval)
PREVIOUS ACTION: October 13, 2009 - Board approved Resolution No. 09-294 accepting the Florida
Department Transportation (FDOT) Joint Participation Agreement (JPA).
November 3, 2009 - Board approved Budget Resolution No. 09-308.
April 13, 2010 - Board approved PBS&J Work Authorization No. 9 for professional
design services at a cost of $386,729.
RECOMMENDATION: Board approval to conditionally award Bid No. 11-010, Taxiways A& B Rehabilitation,
to the lowest responsive and responsible bidder, Ranger Construction, and approve
the project budget pending receipt of FAA and FDOT grant funds, and authorization for
the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER - ~
Faye W. Outlaw, MPA `
County Administrator
CoordinationlSiqnatures
County Attorney ( ) OMB Director ( )
~~r ~,prn Budget Analyst _
Daniel . Mclntyre Nlarie Gouin
Heather Young 5a~„',~ ~~oi~-Pa#~'~A~'~
Purchasing ( ) ERD ( )
Desiree Cimino
Melissa Simberlund
Originating Dept. ( )
Ma~k Satterlee
P
?
AIRPORT
~ ~~:.~.~,~~aA
~ F ~R; ~c
~
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3~,~~:~,_ ,x~..~~~.J M E M O R A N D U M
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Planning & Develo ment Services Direct~~
FROM: Todd A. Cox, C.M., Airport Manager
DATE: May 3, 2010
SUBJECT: Bid No. 11-010; Taxiway A& B Rehabilitation Conditional Award
ITEM NO. VI-D1
Backqround:
This agenda request is for Board approval to conditionally award Bid No. 11-010 for the Taxiway A& B
Rehabilitation project at the Airport. The project consists of the milling and overlay of the asphalt taxiways
and corrections to pavement and drainage structures to meet FAA standards. Taxiways A& B were last
paved in 1986.
The funding for this project was originally approved by the Board under the FY 2010 Capital Budget Plan.
The initial project cost estimate was $2,850,000 which included an FAA grant for $2,707,500, a FDOT
grant of $71,250, and a local match of $71,250. FDOT provided their grant-match portion in October 2009
in anticipation of receiving an FAA grant. Under FAA procedures, a grant pre-application was submitted in
January 2010 in preparation for future grant application submission. However, in February 2010, the FAA
advised that their funding for this project would not be available until FY 2011.
In preparation for finalizing the project for FY2011 submission, several grading and stormwater drainage
issues were identified that exceeded FAA design tolerances and presented safety and compliance impacts
to the Airport. Subsequently, discussions were held with the FAA and FDOT. In December 2010, a grant
pre-application was submitted to the FAA for an updated estimated project amount of $3,356,600. The
estimate updated the FAA Grant share to $3,188,770, FDOT grant share to $83,915, and local match
share to $83,915. Due to the project cost increase, FDOT committed an additional $12,665 for their match
portion and will be issuing a separate Supplemental Joint Participation Agreement (SJPA) in the future.
The Airport has funds available to cover its additional local match increase identified under the approved
FY2011 budget.
Per FAA requirements, a grant application for construction must be based on actual bids with the bid tabs
submitted as part of the application package. In preparation for submission of the grant application, the
project was advertised on February 27, 2011. Bids for the project were opened on April 6, 2011. Four
hundred eighteen (418) companies were notified and eleven (11) sets of bid documents were issued.
Three (3) bids were received and are summarized in Attachment A. Two of the three companies that bid
on the project were located within St. Lucie County and PBS&J, the project consultant, determined the
lowest responsive and responsible bidder was Ranger Construction (Attachment A).
,
Based on the bid amounts, the totals for the base bid and two (2) add alternates results in project costs in
excess of the amount submitted under the FAA pre-application package. However, upon further
discussion with the FAA, the Airport has been asked to submit its FY2011 grant application with all add
alternates included in order for the FAA to determine if they would fully or partially fund the project.
The add alternates include additional regrading of drainage swale areas that encroach on the Taxiway B
safety areas, and corrections to taxiway transverse grading and horizontal geometry items that currently
exceed FAA tolerances. All critical construction items however, including primary drainage repairs, were
encompassed under the base bid in case the FAA would not fund the two add alternates. Funding is
available to cover any additional local match share cost above the pre-application amount.
Although staff is recommending moving forward with the award, the contract associated with the bid award
will not be issued or approved, including issuance of a Notice to Proceed or Purchase Order, until after the
funding is in place. All prospective bidders were informed that they would need to hold their prices for 180
days in anticipation of receiving an FAA grant and that the award may be for all or any portion thereof of
the items listed under the Bid Unit Price Schedule.
Recommendation
Board approval to conditionally award Bid No. 11-010, Taxiways A& B Rehabilitation, to the lowest
responsive and responsible bidder, Ranger Construction, and approve the project budget pending receipt
of FAA and FDOT grant funds, and authorization for the Chairman to sign documents as approved by the
County Attorney.
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ATTACHMENT A
~
4 ITEM NO. VI-E
~ ~ ~ ~ DATE: 05/03/11
~ AGENDA REQUEST REGULAR ( )
81 p "
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT ( X )
TO: BOARD OF COUNT'Y COMMISSIONERS PREJSENTEg, BY:
%~c-~f-~~ 4~
SUBMITTED BY: St. Lu~ie TPO Peter Buchwald, Executive Director
SUBJECT: Resotution No.11-073, Budget Amendment
BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has obtained a Federal
Safe Routes to School Grant for the development of Safety Lesson Plans for
seven public schools in St. Lucie County. The schools are C.A. Moore Elementary,
Floresta Elementary, Lawnwood Elementary, Northport K-8, Oak Hammock K-8,
St. Lucie Elementary, and West Gate K-8. The amount of Federal funds to be
received by the TPO under the grant for FY 2010/11 is $72,350. Because the TPO
account is within the budgetary system of the County, the County is required by
Florida Statute Section 129.06(d) to amend by resolution the County budget for the
receipt of the grant funds on behalf of the TPO.
FUNDS AVAILA~LE: 001539-1540-599330-100 - Project Reserves (Pending BOCC Approval) $72,350
PR@VIOUS ACTION:
RECOMMENDA°TION: Approve Resolution No. 11-073 to amend the County budget in the amount of
$72,350 for receipt of the grant funds on behalf of the TPO.
COIVIMISSION i4CTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Sianatures
County Attorney ( X ) OMB Direcior ( X ) , ~ 1, ~ ~
~ Budget Analyst L ~ ,
. H ther Young Marie Gouin
Christine Weekes
Originating Dept. ( X ) f~ ~
Peter Buchwald
V
RESOLUTION NO. 11-073 r
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available through the tremendous efforts of the St. Lucie Transportation Planning Organization (TPO)
from the U.S.. Department of Transportation through a Joint Participation Agreement, in the amount of
$72,350.00, as funding for the Safe Routes to School Program - Safety Lesson Plans for seven Public ~
schools.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 19th day of April, 2011, pursuant to Section 129.06 (d), Florida
Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget
is hereby amended as follows:
REVENUE
001 539-1 540-331 491-1 00 Federal Department of Transportation $72,350
APPROPRIATIONS
001539-1540-599330-100 Project Reserves $72,350
After motion and second the vote on this resolution was as follows:
Commissioner Chris Craft, Chairman ' XXX
Commissioner Chris Dzadovsky, Vice Chairman XXX
Commissioner Frannie Hutchinson XXX
Commissioner Paula Lewis XXX
Commissioner Tod Mowery XXX
PASSED AND DULY ADOPTED THIS 3`d DAY OF MAY 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
J
~
~rnn~rparE~~i~n
2300 Virginia A~enue
~IoAAiA9 Fort Pierce, FL 349~2-5652
~rg~nizalion Telephone: 772/462-1593
ST. IUCIE URf3fiN f~fiEf~ Facsimile:772/462-2549
MEMORANDUM
`TO: St. Lucie County Board of County Commissioners (BOCC)
~RAMa Peter Buchwald ~
Executive Director
DATEa April 21, 2011
SU~,EC1'e Sto Lucie County Budget Art~endment for Receipt of
. Grant Funds by the St. l~ucie 1°ransportation Planning
Organization
~~?CICG ROU N D ~
At its June 2, 2010 meeting, the St. Lucie Transportation Planning
Organization (TPO) approved the acceptance of a Federal Safe Routes to
School (SRTS) grant for the development of Safety Lesson Plans for seven
public schools in St. Lucie County. The schools are C.A. Moore Elementary,
Floresta Elementary, Lawnwood Elementary, Northport K-8, Oak Hammock ~
K-8, St. Lucie Elementary, and West Gate K-8. At the June 2nd meeting, the
TPO also approved the execution of a Public Transportation Joint
Participation Agreement (JPA) with the Florida Department of Transportation
for the receipt of the grant. The amount of Federal funds to be received by
the TPO under the grant for FY 2010/11 is $72,350.
AIV/4Ll(SIS
In accordance with the Interlocal Agreement between the St. Lucie TPO and
St. Lucie County for Administrative Support Services executed in October
2009, the County provides accounting and financial management services to
the TPO. I~ is u~~erstood that becaus~ the TPQ account is w~thin the
budgetary system of the County, the County is required by Florida Statute
Section 129.06(d) to amend by resolution the County budget for the receipt
of the grant funds on behalf of the TPO.
Transportation Planning for Fo~c Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County
Y
~
April 21, 2011 Page 2 of 2
The County Office of Management and Budget has prepared Resolution
No. 11-073 (attached) to amend the County's FY 2010/11 Budget for receipt
of the grant funds, and the County Attorney has approved the Resolution as
to correctness and form.
RECOMMEND~?`TION
As the budget amendment appears to be required by Florida Statutes and
County staff has prepared and approved the Resolution as to correctness
and form, it is recommended that the Resolution be approved by the BOCC
to amend the County's FY 2010/11 Budget for receipt of the grant funds.
1. ~ ~
ITEM NO. VI-F
~ i.~''~~~
ti . ~ ~
DATE: 5/3/2011
•
a ~ e ~ AGENDA REQUEST REGULAR ( )
_ _ _ PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Mark DiMascio
SUBMITTED BY: Parks, Recreation & Facilities Division Manager
SUBJECT: Department of Corrections Inmate Labor Contract
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-7210-534000-700 Parks North Division
190-7210-534000-75201 Digital Domain Park
001-7215-534000-700 Parks South Division
001-7215-534000-7420 Fairgrounds
001-7215-534000-7220 Savannas
001-7215-534000-7510 Havert L. Fenn Center
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of the Department of Corrections Inmate Labor contract as
outlined in the agenda memorandum and authorization for the Chairman to sign
the documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Siqnatures
OMB Director
County Attorney ( x) Budget Analyst ( x) _
• D ni I Mclntrye Ma e ouin
`~~°°''y Patty Marston
Originating Dept. ( x) Purchasing ( x)
Debra Brisson Melissa Simberlund
;
-
~ *~~~~~~~~~,.~n
~ ~ - - ' ~ 4 Parks, Recreation and Facilities
•
~
MEMORANDUM
TO: Board of County Commissioners
~ ~f
THROUGH: Debra Brisson, Director
FROM: Mark DiMascio, Division Manager
DATE: May 3, 2011
SUBJECT: Department of Corrections Inmate Labor Contract
ITEM NO. VI-F
Backqround:
In 2005, 2007 and 2009, the Board entered into contracts with the Florida Department of
Correction (FDOC) to provide an inmate work squad to assist the Parks and Recreation
Department with maintenance. Each contract provides for an additional one (1) year renewal which
the Board subsequently approved. The current contract renewal of the 2009 contract expires on
June 30, 2011 and staff is requesting to enter into a new contract in the amount of $58,004. These
funds are available in the department budget.
This program has proven to play a vital role in the Parks and Recreation Department's ability to
maintain the County's assets providing over 7500 man hours of service. The work squad is utilized
on a rotating schedule by the North and South Park Divisions, Digital Domain, the SLC
Fairgrounds, the Savannas Recreation Area and the Havert L. Fenn Center. In addition to
maintaining restrooms, picking up trash and mowing, the squad also assists in event set ups and
other projects as needed.
Under the current contract and the new contract the County responsibilities are:
~ Provide a schedule of work.
• Obtain any licenses or permits, as required, for work to be performed by the inmate work
squad.
• Provide transportation (van), including fuel and vehicle maintenance, for the work squad.
~ Provide enclosed trailer and other equipment as needed for work to be performed by the
inmate crew.
• Provide communication equipment (cell phone).
• Retain ownership of vehicle and equipment.
• Fund Florida Department of Correction's total cost for program -$58,004
The Florida Department of Corrections responsibilities are:
• Prove one (1) Correctional Work Squad Officer
~ Provide up to five (5) inmates
• Keep physical custody of the vehicle, trailer and tolls, for security reasons.
• To maximum extent possible, maintain stability in the inmate work squad in order to
maximize the effectiveness of the inmate squad.
• Provide food and drinks for inmates' lunches.
• Administer disciplinary action taken against an inmate according to FDOC policies and
procedures.
• Provide medical treatment for ill or injured inmates.
• Provide inmates with all personal items of clothing appropriate for the season of the year.
• Drive to and from the work site(s).
Previous Action:
February 22, 2005 - Board approval of contract with FDOC
January 23, 2007 - Board approval of contract with FDOC
May 11, 2009 - Board Approval of contract # C09-06-156 with FDOC
April 30, 2010 - Board Approval of renewal of contract # C09-05-156 with FDOC
Recommendation:
Board approval of Department of Corrections Inmate Labor contract as outlined in this agenda
memorandum and authorization for the Chairman to sign the documents as approved by the
County Attorney.
CONTRACT # WS669
CONTRACT BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
ST. LUCIE COUNTY, BOARD OF COUNTY COMIVIISSIONERS
This Contract is between the Florida Department of Corrections ("Department") and St. Lucie County, Board of
County Commissioners ("Agency") which are the parties hereto.
WITNESSETH
WI~REAS, Section 944.10(7) and Section 946.40, Florida Statutes and Rules 33-601.201 and 33-601.202, Florida
Administrative Code, provide for the use of inmate labor in work programs;
WI~REAS, inmate labor will be used for the purposes of providing services and performing work under the
supervision of the Department's staff;
WI~REAS, St. Lucie County, Board of County Commissioners is a qualified and willing participant with the
Department to contract for an inmate work squad(s); and
WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of
the mutual benefits and considerations set forth, the parties hereto covenant and agree as follows:
I. CONTRACT TERM/RENEWAL
A. Contract Term
This Contract shall begin on June 30, 2011 or the last date of signature by all parties, whichever is
later.
This Contract shall end at midnight one (1) year(s) from the last date of signature by all parties or
June 29, 2012, whichever is later. In the event this Contract is signed by the parties on different
dates, the latter date shall control. ~
~
B. Contract Renewal
ho~H, Qar~-~ ~ S
This Contract may be renewed, at the option of the for one (1) additional one (1) year
period after the initial Contract period upon the same terms and conditions contained herein. The
Contract renewal is at the Agency's initiative with the concurrence of the Department. The
Agency, if it desires to renew this Contract, shall exercise its option no later than sixty (60) days
prior to the Contract expiration.
Page 1 of 12
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CONTRACT # WS669
II. SCOPE OF CONTRACT
A. Administrative Functions
1. Each party shall cooperate with the other in any litigation or claims against the other party
as a result of unlawful acts committed by an inmate(s) performing services under this
Contract between the parties.
2. Each party will retain responsibility for its personnel, and its fiscal and general
administrative services to support this Contract.
3. Through their designated representatives, the parties shall collaborate on the development
of policies and operational procedures for the effective management and operation of this
Contract.
B. Description of Services
1. Responsibilities of the De~artment
a. Pursuant to Chapter 33-601.202(2)(a), F.A.C., supervision of the work squad(s)
will be provided by the Department. The Department shall provide one (1)
Correctional Work Squad Officer position(s) to supervise an inmate work
squad(s). This Contract provides for one (1) Work Squad(s) of up to five (5)
inmates.
b. The Department shall ensure the availability of the work squad(s) except: when
weather conditions are such that to check the squad(s) out would breach good
security practices; when the absence of the Correctional Work Squad Officer is
necessary for reasons of required participation in training or approved use of
leave; when the Officer's presence is required at the institution to assist with an
emergency situation; when the off'icer is ill; or when the Correctional Work Squad
Officer position is vacant. In the event a position becomes vacant, the Department
shall make every effort to fill the position(s) within five (5) working days.
c. For security and other reasons, the Department shall keep physical custody of the
vehicles, trailers, and all tools, equipment, supplies, materials and personal work
items (gloves, boots, hard hats, etc.) furnished by the Agency. (The Department
shall maintain an inventory of all property, expendable and non-expendable,
provided by the Agency, which is in the care, custody, and control of the
Department.) A hand receipt shall be signed by the Department's Work Squad
Supervisor upon the issuance and return of non-expendable items.
d. In the event of damage to property as a result of an accident charged to a
Deparhnent employee or blatant acts of vandalism by inmates, or loss of tools and
equipment, the Agency may request that the Department replace or repair to
previous condition the damaged or lost property.
e. The Department shall be reimbursed by the Agency for the Department's costs
associated with this Contract in accordance with Addendum A.
Page 2 of 12
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CONTRACT # WS669
Once the Agency reimburses the Department for the costs reflected on Addendum
A, Section IV., these items will be placed on the Deparhnent's property records, as
appropriate, and upon the end or termination of this Contract such items will be
transferred to the Agency.
£ The Department shall, to the maximum extent possible, maintain stability in the
inmate work force assigned to the work squad on a day-to-day basis in order to
maximize the effectiveness of the work squad.
g. The Department shall provide food and drinks for inmates' lunches.
h. The Department shall be responsible for the apprehension of an escapee and
handling of problem inmates. The Deparlment shall provide transportation from
the work site to the correctional facility for inmates who refuse to work, become
. unable to work, or cause a disruption in the work schedule.
i. The Deparhnent shall be responsible for administering all disciplinary action taken
against an inmate for infractions committed while performing work under this
Contract.
'1
j. The Deparhnent shall provide for medical treatment of ill or injured inmates and
transportation of such inmates.
k. The Department shall provide inmates with all personal items of clothing
appropriate for the season of the year.
1. The Department shall be responsible for driving the Correctional Work Squad
Officer and the inmates to and from the work site.
m. Both parties agree that the Department is making no rep'resentations as to the level
of skills of the work squad.
2. Responsibilities of the A,.e~ncX
a. The Agency shall periodically provide the Department's Contract Manager with a
schedule of work to be accomplished under the terms of this Contract. Deviation
from the established schedule shall be reported to, and coordinated with, the
Department.
b. If required, the Agency shall obtain licenses or permits for the work to be
performed. The Agency shall provide supervision and guidance for projects that
require a permit or which require technical assistance to complete the project.
c. The Agency shall ensure that all projects utilizing inmates are authorized projects
of the municipality, city, county, governmental Agency, or non-profit organization
and that private contractors employed by the Agency do not use inmates as any
part of their labor force.
Page 3 of 12
Master pocument Revised 11/2010
CONTRACT # WS669
d. The Agency shall retain ownership of any vehicles or equipment provided by the
Agency for the work squad. The Agency shall maintain its own inventory of
transportation, tools and equipment belonging to the Agency.
e. The Agency shall provide vehicles for transportation of the work squads.
3. Communications Equipment
It is the intent of this Contract that the Work Squad have and maintain communication
with the institution at all times. A method of communication (radios, cellular phone, etc.),
shall be provided at no cost to the Department. The Agency shall provide a primary
method of communication that shall be approved by the Contract Manager in writing prior
to assignment of the work squad. Depending upon the method of communication
provided, the Contract Manager may require a secondary or back-up method of
communication.
All radio communication equipment owned or purchased by the Agency that is
programmed to the Department's radio frequency and used by the work squad(s), whether
purchased by the Department or the Agency, shall be IlVIlv~DIATELY deprogrammed by
the Department at no cost to the Agency upon the end or termination of this Contract.
Under no circumstances shall the Agency accept the return of radio communications
equipment provided to the Department under this Contract until such time as the radio
communications equipment has been deprogrammed by the Department.
At the end or termination of this Contract, the Department's Contract Manager will contact
the Deparhnent's Utility Systems/Communications Engineer in the Bureau of Field
Support Services, Central Office, to effect the deprogramming of radio communications
equipment provided by the Agency.
a. Vehicle Mounted Radios:
Vehicles provided by the Agency that are or that will be equipped with a
mobile/vehicle mounted radio programmed to the Department's radio
frequency(ies) will be retained by the Deparhnent to ensure security of the
communication equipment except for short durations dictated by the need for
vehicle and/or communications equipment maintenance and/or repair. The use of
these vehicle(s) during the period covered by this Contract shall not be for any
purpose other than as indicated in this Contract.
b. Hand Held Radios:
Hand held radios provided by the Agency that are or that will be programmed to
the Deparhnent's radio frequency(ies) will be retained by the Department to ensure
security of the communication equipment except for short durations dictated by
the need for maintenance and/or repair. The use of any hand held radio(s)
provided by the Agency that is programmed to a Departrnent radio frequency
utilized by the Agency during the period covered by this Contract shall not be for
any purpose other than as indicated in this Contract.
Page 4 of 12
, Master pocument Revised 11/2010
CONTRACT # WS669
a Cellular Phones:
Cellular phones may be utilized by the work squad officer as either a primary or
secondary means of communication as approved by the Contract Manager. The
Contract Manager shall designate whether the usage of a cellular phone is required
on Addendum A. The cellular phone will be retained by the Department and upon
the end or termination of this Contract, returned to the Agency. The use of the
cellular phone is not authorized for any purposes other than as indicated in this
Contract.
4. Other E~uipment
The Contract Manager shall determine if an enclosed trailer is required for the work squad
to transport tools and equipment utilized in the performance of this Contract and shall
notify the Agency when a trailer is necessary. The Contract Manager shall designate
whether the usage of an enclosed trailer is required on Addendum A.
If a trailer for the work squad is provided by the Agency at no cost to the Deparhnent, and
the Department maintains the trailer when the squad is not working, the Agency shall
provide an enclosed trailer that can be secured when not in use. All tools and equipment
utilized by the work squad shall be secured in the trailer. Upon the end or termination of
this Contract, the trailer will be returned to the Agency.
III. COMPENSATION
A. Pa~ment to the Department
l. Total Operating Capital To Be Advanced By Agency, as delineated in Section V., of
Addendum A, shall be due and payable upon execution of the Contract. The Department will
not proceed with the purchase until payment, in full, has been received and processed by the
DepartmenYs Bureau of Finance and Accounting. Delays in receipt of these funds may result
in start-up postponement or interruption of the services provided by the Work Squad.
~ 2. Total Costs To Be Billed To Agency By Contract, as delineated in Section VI., of
Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth
of the total amount, due within two (2) weeks after the effective date of the Contract. The
second quarterly payment is due no later than the 20~` day of the last month of the first
Contract quarter. Payment for subsequent consecutive quarters shall be received no later than
the 20~' day of the last month of the preceding Contract quarter.
3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant
for a period of more than five (5) working days, the next or subsequent billing will be adjusted
by the Department for services not provided.
4. The Agency shall insure any vehicles owned by the Agency used under this Contract.
5. The rate of compensation shall remain in effect through the term of the Contract or subsequent
to legislative change. In the event there is an increase/decrease in costs identified in
Addendum A, this Contract shall be amended to adjust to such new rates.
Page 5 of 12
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CONTRACT # WS669
B. Official Pavee
The name and address of the Deparhnent's official payee to whom payment shall be made is as
follows:
Department of Corrections
Bureau of Finance and Accounting
Attn: Professional Accountant Supervisor
Centerville Station
Call Box 13600
Tallahassee, Florida 32317-3600
C. Submission of Invoice(s)
The name, address and phone number of the Agency's official representative to whom invoices
shall be submitted to is as follows:
Bet#e°~Ic~er
~a~ -J~~ t ~ ~ r_, r ~ i I ; ~~~L
~9(~~-~.enue ~ W3 C~ ; r c~ ~ tit i c~ A .
F~-Rirer•ee;
~lor-id~°3~49$2 ~ ~ r` rc~~ , 3~~-`'i ~ ~
'~e~epYter~e~~-~}~462--1844 C ~ ~ t ~ + 3
Fwa~~(~'7~~-46~ ~
1~9-3 F"~X (,~t J ~t-~ ~ ° ~-3.. ~
Email:l3o~~erb e g- ~ c_~~ rc.i 4; J cv t~.ic C:' c,~ . o~- J
IV. CONTRACT MANAGEMENT
The Department will be responsible for the project management of this Contract. The Department has
assigned the following named individuals, address and phone number as indicated, as Contract Manager
and Contract Administrator far the Project.
A. Department's Contract Manager
The Warden of the Correctional Institution represented in this Contract is designated Contract
Manager for the Department and is responsible for enforcing performance of the Contract terms
and conditions and shall serve as a liaison with the Agency. The position, address and telephone
number of the Department's Contract Manager for this Contract is:
Warden •
Martin Correctional Institution
1150 S. W. Allapattah Road
Indiantown, Florida 34956
Telephone: (772) 597-3705
B. Department's Contract Administrator
The Chief, Bureau of Procurement and Supply is designated Contract Administrator for the
Deparhnent and is responsible for maintaining a Contract file on this Contract service and will
serve as a liaison with the Contract Manager for the Department. The name, address and
telephone number of the Department's Contract Administrator for this Contract is:
~ Page 6 of 12
Master pocument Revised 11/2010
CONTRACT # WS669
Chief, Bureau of Procurement and Supply
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
Telephone: (850) 488-6671
Fax: (850) 922-8897
C. A~enc,~s Representative
The name, address and telephone number of the representative of the Agency is:
Gtt~+~~~1;~$itflg~F 1'z~1C:r i~~ MCi`~G' ; C~~, f`i
~C~?..iC.CjCr
~~}d ~;c:~~ t~. v; ; ; c~,,.t
~6~i~~~€xu~ ~ 3 ~l ; { r ; ~ ; c.~ ~ U ~ ~ t L.~ e,
Ft:
P~ieree;
~ierida~ ~~98~ r~ : v>~ c~ f rr e, w=~.. 3~F~
~e~'ePh'ort~-'f~--7-Zj-~k6--2=i52'7 ~r~) 4-~ ~ - 3 a~ I
D. Changes to Desi~ne_es
In the event that different representatives are designated by either party after execution of this
Contract, notice of the name and address of the new representatives will be rendered in writing to
the other party and said notification attached to originals of this Contract.
V. CONTRACT MODIFICATIONS
Modifications to provisions of this Contract shall only be valid when they have been rendered in writing
and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any
applicable laws, regulations or increases/decreases in allocations make changes to this Contract necessary.
VI. TERMINATION/CANCELLATION '
Termination at Will
This Contract may be terminafed by the Agency upon no less than sixty (60) calendar days notice and upon
no less than thirty (30) calendar days by the Department, without cause, unless a lesser time is mutually
agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other
method of delivery whereby an original signature is obtained, or in-person with proof of delivery. In the
event of termination, the Department shall be paid for all costs incurred and hours worked up to the time of
termination. The Deparhnent shall reimburse the Agency for any advance payments, prorated as of the last
day worked.
VII. CONDITIONS
A. Records
The Department and the Agency agree to maintain books, records and documents (including
electronic storage media) in accordance with generally accepted accounting procedures and
practices.
` Page 7 of 12
Master pocument Revised 11/2010
CONTRACT # WS669
The Department and the Agency agree to allow public access to all documents, papers, letters, or
other materials subject to the provisions of Chapter 119 of the Florida Statutes, and made or
received by the Agency in conjunction with this Contract. It is expressly understood that
substantial evidence of either the Department's or the Agency's refusal to comply with this
provision shall constitute a breach of Contract.
B. Annual A~ropriation
The Deparhnent's performance under this Contract is contingent upon an annual appropriation by
the legislature. It is also contingent upon receipt of payments as outlined in Addendum A and in
Section III, COMPENSATION.
C. Disputes
Any dispute concerning performance of the Contract shall be resolved informally by the Contract
Manager. Any dispute that can not be resolved informally shall be reduced to writing and
delivered to the Assistant Secretary of Institutions. The Assistant Secretary of Institutions, shall
decide the dispute, reduce the decision to writing, and deliver a copy to the Agency with a copy to
the Contract Administrator and Contract Manager.
D. Force Majeure
Neither party shall be liable for loss or damage suffered as a result of any delay or failure in
performance under this Contract or interruption of performance resulting directly or indirectly
from acts of God, civil, or military authority, acts of public enemy, war, riots, civil disturbances,
insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor
disputes, shortages of suitable parts, materials, labor, or transportation to the extent such events are
beyond the reasonable control of the parry claiming excuse from liability resulting therefrom.
E. Severabilitv
The invalidity or unenforceability of any particular provision of this Contract shall not affect the
other provisions hereof and this Contract shall be construed in all respects as if such invalid or
unenforceable provision was omitted.
F. Verballnstructions
No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of
any discussions with any Department employee. Only those communications which are in writing
from the Department's administrative or project staff identified in Section IV, CONTRACT
MANAGEMENT, of this Contract shall be considered as a duly authorized expression on behalf
of the Department. Only communications from the Agency that are signed and in writing will be
recognized by the Department as duly authorized expressions on behalf of the Agency.
G. No Third Parry Beneficiaries
Except as otherwise expressly provided herein, neither this Contract, nor any amendment,
addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be
construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto.
Page 8 of 12
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CONTRACT # WS669
Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall
not be construed to be a modification of the terms of this Contract.
This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action
hereon or in connection herewith shall be brought in Leon County, Florida.
This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties.
IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
AGENCY: ST. LUCIE COUNTY, BOARD OF
COUNTY COM1ll~IISSIONERS
~,~~R(~~lE~ AS F~RM
P+N~ CORR~CTNESS
SIGNED ~~Ui~TY A~'ORNEY
BY:
NAME:
TTTLE:
DATE: ~EPUIY CL~RK
FEID
DEPARTMENT OF CORRECTIONS Approved as to form and legality,
~ subject to egecution.
SIGNED SIGNED ~ ~
BY: BY: ~ \
NAME: Edwin G. Buss NAME:
TITLE: Secretary TTTLE: General Counsel
Department of Corrections Department of Corrections
DATE: DATE: ~ ` ~ ~
Page 9 of 12
Master pocument Revised 1112010
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Q
. ITEM NO. VI-G ;
~i ~..r.~..
~ '
I
~ ~ ~ ~
• DATE: . 5/3/11 .
~
, . , . AGENDA REQUEST REGULAR ( )
' PUBLIC HEARING ( .
LEG.: ( )
(~UASI-JD )
~ CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
William Hoeffner, Director~~'
- SUBMITTED BY: Human Resources Human Resources
SUBJECT: Job Reclassification of The Solid Waste Fiscal Specialist Position
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval to reclassify the position of Solid Waste Fiscal Specialist to Scale
Operations Coordinator and approval of the Scale Operations Coordinator job
~ description.
COMMISSION ACTION: ,v. CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Sianatures
County Attorney ( )
Dan Mclntyre
Human ( ) ~
Resources
Wi iam Hoeffner .
Public Works ( ) ~ .
Don West
Human Resources De~art~~ent
~ .
.
~
~ MEMORANDUM
r • r •
TO: Board of County Commissioners
FROM: William Hoeffner, Human Resources Director~~f~
_
DATE: May 3, 2011
SUBJECT: Job Reclassification of Solid Waste Fiscal Specialist
ITEM NO. VI-G
Backaround•
The Fiscal Specialist in the Solid Waste Division pertorms not only accounting functions c.onsistent with
that job description and classification, but she also supervises landfill scale operations and employees.
The Fiscal Specialist is at a pay grade 16 and is non-exempt from wage and hour regulations. Due to
the more extensive supervisory duties of this position, it is necessary for the position to be exempt from
wage and hour regulations. It is therefore recommended the position be reclassified to a Scale
Operations Coordinator at a pay grade 17. No additional job duties are being assigned to the employee.
However, it is recommended the job description and job classification be changed to better reflecf the
job duties the employee in this position has been performing. The new job description is attached.
Because no additional duties are being assigned to the employee and because the employee's current
salary is within the pay range of pay grade 17, there will be no change in the employee's current salary.
Recommendation <<
Board approval to reclassify the position of Solid Waste Fiscal Specialist to Scale Operations
Coordinator and approval of the Scale Operations Coordinator job description.
i
I
I
~
j
r ~
~i'-..f ' . i~
SCALE OPERATIONS COORDINATOR ~
PAY GRADE 17 ' ~
SALARY : $32,857.35 - $52,408.46 ;
JOB CODE: NEW -
~
3
MAJOR FUNCTIONS ~ ~ ~ ~ ~ ~ ~
An employee in this position is responsible for performing technical and administrative duties for the 5
Solid Waste Division including supervising scale operations and scale operations ` employees.
Supervisory duties include scheduling, hiring, firing, evaluating, and disciplining. The employee is also ~
responsible for the division's accounts receivable and accounts payable and may be responsible for
other accounting processes including budgeting, payroll, auditing, trend analysis, grants, purchasing,
inventory control, and assuring that all financial transactions and reporting comply with County policies
and procedures, grant requirements and Generally Accepted Accounting Principles (GAAP).
KNOWLEDGE, ABILITIES, AND SKILLS
Knowledge:
1. Extensive knowledge of budgeting, accounting, purchasing, inventory and financial management.
Abilities:
1. Plan, assign, review, and supervise the work of employees performing diversified scale functions in a
manner conducive to full perFormance and high morale.
2. Present budgetary and financial information in an organized and understandable manner.
3. Establish effective working relationships with e~ernal a~encies, County staff and the general public.
,4. Understand complex grant and fiscal procedure and regulatory requirements.
5. Conduct and interpret fiscal analyses.
6. ~ Exercise independent judgment..
Skills:
1. Intermediate to advanced skills in use of office software programs such as Outlook, Word,
PowerPoint and Excel. Ability to learn County software programs such as Banner, Cityview and GIS.
2. Advanced proficiency in MS Windows and Office software (Excel, Access, Word, and PowerPoint)
and Banner (or related) accounting system.
3. Communicate effectively, both verbally and in writing.
, 4. Required to exercise independent judgment and discretion in the course of duties.
ESSENTIAL JOB FUNCTI~PJS
1. Plans, directs and oversees the Solid Waste scale operations.
2. Supervises scale operations employees including scheduling, - hiring, firing, evaluating, and
disciplining.
3. Track and/or oversee department revenues and expenditures, assure accuracy and compliance with
County policies and procedures, statutes, regulations and GAAP.
4. Ensure errors or discrepancies are avoided or corrected in a timely manner.
5. Supervise and review all assigned funds and accounts and ensure all documentation is accurate and
in order.
6. Prepare and review financiat reports, including but not limited to, budgets, grant monitoring and
compliance requirements, information reports and requested analyses.
7. Monitor the department's fiscal position and alert supervisor to concerns in a timely manner.
8. Ensure all purchases are in compliance with County policies and procedures, including but not limited
to, signing authority, purchasing card statements, purchase orders, contracts and work
authorizations.
9. Prepare and/or monitor grants, contracts and agreements including expenditure and status reports.
10. Prepare or assist in preparing agenda items related to budgets, grants, purchases or contracts.
11. Assist coordinators and division managers with fiscal/grant reports and requirements.
12. Maintain and update inventory.
13. Perform other related work as required, including administrative or program support.
,
" k
ESSENTIAL PHYSICAL SKILLS
Good vision and hearing with or without correction. Use of both hands and fingers with dexterity.
Occasional walking and standing is required.
WORK HAZARDS Possible vision or hand/arm dysfunction due to heavy computer work.
SAFETY EQUIPMENT USED OR NEEDED: None
EDUCATION
Graduation from an accredited two-year college or business school. A comparable amount of relevant
training or experience may be substituted for the education qualifications.
EXPERIENCE
At least three years of experience in accounting, budgeting, contract and grant management or related
field. Additional education may be substituted for up to two years of experience.
LICENSE CERTIFICATION OR REGISTRATION
Valid Florida driver's license with a clean driving record and the ability to drive.
Union Non-Union ~ ~ Exem t~ Non-Exem t ~
. •
ITEM NO. VII-A
~ ~ ~.::T i _ yr'.,~~~ ~
DATE: 05/03/11
~
$ • ~ AGENDA REQUEST REGULAR ( )
PUBLIC HEARWG ( X )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Heather Sperrazza Lueke
Assistant County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Ordinance No. 11-014 - Surplus Property Ordinance
BACKGROUND: See CA11-156
FUNDS AVAILABLE: N/A
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends approval of Ordinance No. 11-014.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Siqnatures
County Attorney ( x) ~ y~- OMB Director O
~ Budget Analyst
. Daniel S. Mclntyre (Name)
(Name)
( ) ERD ( )
(Name) (Name)
COUNTY ATTORNEY
~ ~ j ' ~f..
y~ ' ~ ~V,
: MEMORANDUM
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. No: CA11-156
DATE: May 3, 2011
SUBJECT: Ordinance No. 11-014 - Surplus Property Ordinance
ITEM NO. VII-A
Backqround:
Section 125.35, Florida Statutes, allows counties to prescribe by ordinance disposition standards and
procedures for surplus real property. The Board adopted such procedures in Ordinance No. 02-18.
Staff recommends modifying the procedures for disposition of property which is unbuildable or valued
at less than $25,000. Unbuildable parcels would be offered for sale only to adjacent property owners
through letters of interest. Parcels valued by the property appraiser at less than $25,000 would first
be offered for sale to adjacent property owners through letters of interest. If no adjacent property
owner expresses interest, then the County may advertise to accept sealed bids.
Recommendation:
Staff recommends approval of Ordinance No. 11-014.
Respectfully submitted,
. ~ ~
1 .f,.. - ~ .z
H a her Sperrazza Lueke
Assistant County Attorne
.
~ ~'~jgc ~l
1 ORDINANCE NO.11-014
2 AN ORDINANCE AMENDING 1-16.2-4 OF THE CODE OF
3 ORDINANCES OF ST. LUCIE COUNTY "DISPOSITION
4 OF SURPLUS REAL PROPERTY"; AMENDING
5 PROCEDURE FOR DISPOSITION OF SURPLUS REAL
6 PROPERTY WHIH IS UNBUILDABLE; AMENDING
7 PROCEDURE FOR DISPOSITION OF REAL PROPERTY
8 WHICH IS VALUED AT LESS THAN TWENTY-FIVE
9 THOUSAND DOLLARS; PROVIDING FOR CONFLICTING
1o PROVISIONS; PROVIDING FOR SEVERABILITY;
11 PROVIDING FOR APPLICABLIITY; PROVIDING FOR
12 FILING WITH THE DEPARTMENT OF STATE;
13 PROVIDING EFFECTIVE DATE; PROVIDING FOR
14 ADOPTION; AND PROVIDING FOR CODIFICATION.
15 WHEREAS, Section 125.35, Florida Statutes, allows counties to prescribe by ordinance
16 disposition standards and procedures for surplus real property; and
17 WHEREAS, the Board adopted such procedures in Ordinance No. 02-18; and
18 WHEREAS, the Board wishes to modify the procedures for disposition of property
19 which is unbuildable or valued at less than twenty-five thousand dollars.
20 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
21 of St. Lucie County, Florida:
22 PART A. Chapter 1-16.2 of the Code of Ordinances of St. Lucie County, Florida, is
23 amended as follows:
24 ARTICLE I. DISPOSITION OF SURPLUS REAL PROPERTY
25
26 Sec. 1-16.2-1. Purpose.
27 This article is created for the purpose of establishing a method of disposition of surplus County
28 real property in accordance with section 125.35(3), Florida Statutes.
29
30 Sec. 1-16.2-2. Declaration of surplus property.
31 (a) When the board of county commissioners ~nds that any real property owned by the county
32 is unusable or not needed for county purposes, the board may declare the real property to be
33 surplus property. Once the property is declared surplus, the property may be sold, dedicated,
34 donated or otherwise conveyed to interested parties pursuant to the terms of this article. The
35 declaration of surplus property shall be recorded in the minutes of the board.
~~~"~',~g
: portions are deleted.
Underlined portions are added.
},~be I2 '
36 (b) Once the real property is declared surplus by the board of county commissioners, the county
37 administrator or designee shall have the authority to sell the property to the highest and best
38 bidder. A deed transferring the property to the highest and best bidder shall be presented to the
39 chairman of the board of county commissioners for signature without any further approval of the
40 board being required. The county administrator or designee shall have the authority to reject all
41 bids if the bids are determined to be too low or not in the best interest of the county. In the event
42 the county administrator or designee desires to transfer the property to a person other than the
43 highest and best bidder, the matter shall be presented to the board for approval.
44
45 Sec. 1-16.2-3. Process by which interested persons may acquire surplus property.
46 (a) Any person, corporation, governmental body, or other legal entity may request to acquire
47 surplus real property by submitting a letter of interest to the county administrator or designee.
48 The letter shall include the following information:
49 (1) Name of the person or legal entity interested in the property;
50 (2) The reason for acquiring the property, i.e., personal, charitable, governmental, etc.;
51 (3) The proposed purchase price;
52 (4) The legal description, the alternate key number and, if available, the street address of the
53 property; and
54 (5) Any other information the person deems relevant. .
55 (b) Upon receipt of the letter of interest, the county administrator or designee shall verify
56 whether the property has in fact been declared surplus. If the property has not been declared
57 surplus, the county administrator or designee shall make a determination as to whether the
58 property is needed for county purposes. If the property is no longer needed, then the county
59 administrator or designee shall request the board of county commissioners to declare the
60 property surplus. Onee the property is declared surplus, then the county administrator or
61 designee shall seek to dispose of the property in accordance with the standards of competition set
62 forth in this article.
63 (c) The county may, on its own initiative, dispose of surplus property by following the
64 standards of competition.
65
66 Sec. 1-16.2-4. Standards of competition and notice of disposal
67 (a) For real property valued more than $25,000.00, as appraised by the property appraiser's
68 office, the county may sell the property to the highest and best bidder. Notice calling for bids
69 shall be published in a newspaper of general circulation once each week for two (2) consecutive
70 weeks. The county shall have the option to convey the property to the highest bidder or reject all
71 bids. This procedure applies regardless of whether the surplus property is being disposed of on
72 the county's own initiative or upon receiving a letter of interest.
73 (b) For real property valued at $50,000.00 or more, as appraised by the property appraiser, the
74 county shall have the property re-appraised by a fee appraiser designated by a fee appraiser
75 designated by the county. The county mav then dispose of the propertv through the procedure
76 outlined in Section 1-16.2-4 (a).
77
78 (c) Alternatively, for real property appraised under $25,000.00 by the property appraiser's
79 office, the county may negotiate the private sale of the property to an interested person. The
80 county shall send notice to all adjacent property owners by certified mail indicating the county's
~t~~
~^',~^6,", portions are deleted.
Underlined portions are added.
.
~ ~a r~ ~3
81 desire to dispose of the real property. The countv may then effect a sale and convevance of the
82 parcel at private sale to an adjacent property owner without receiving bids or publishin ng_otice.
83 If, within ten (10) business days after receiving such notice, ~ two or more adj acent property
84 owners indicate their desire to purchase the property, the county shall accept sealed bids for the
85 property from the interested parties. The county may then convey the property to the highest
86 bidder or reject all bids. This procedure applies regardless of whether the surplus property is
87 being disposed of on the county's own initiative or upon receiving a letter of interest. If no
88 adjacent property owners express interest in purchasing the propertv, the county may dispose of
89 the propertv throu~procedure outlined in Section 1-16.2-4 (a).
90
91 (d) Alternatively, when a parcel of real propertv is of insufficient size and shape or is otherwise
92 unable to be issued a buildin~permit for anv tvpe of development to be constructed on the
93 property, the countv ma
T~negotiate the private sale of the propertv to an adjacent pro~erty owner.
94 Such parcels mav only be sold or conveved to adjacent propertv owners. The county shall send
95 notice to all adjacent property owners by certified mail indicating the countv's desire to dispose
96 of the real pro~rty and requestin~ interested ad'a~ cent propertv owners to submit to the County a
97 letter of interest. The county may then effect a sale and conveyance of the parcel at private sale
98 to an adjacent propertv owner without receiving bids or publishin~ notice. If two or more
99 ad'a~ cent propertv owners express interest in acquirin~the property, the County shall evaluate the
100 letters of interest and mav convev the propertv to the adjacent propertv owner the Countv deems
101 most appropriate considerin~ the unique location of the surplus,~ropertv. This procedure applies
102 re~ardless of whether the surplus propertv is being disposed of on the countv's own initiative or
103 ~on receivin~ a letter of interest.
104
105 ~e,~The county, regardless of the appraised value of the property, may convey such property
106 to another governmental entity or charitable institution at a private sale for such price as the
107 board of county commissioners may fix. The conveyance shall be done in accordance with
108 section 125.38, Florida Statutes.
109
110 Sec. 1-16.2-5. Negotiation procedures.
111 (a) In negotiating the terms and conditions of the disposal of surplus property, the county
112 administrator or designee shall take into consideration the following factors:
113 (1) The appraised value of the real property;
114 (2) The condition of the real property, and the extent to which the party seeking to acquire the
115 property will have to expend funds to make the property useable, or, to bring the property into
116 compliance with the St. Lucie County Code of Ordinances; and
117 (3) The proposed use of the party seeking to acquire the property.
118 (b) In no event shall the disposition of surplus property violate the St. Lucie County
119 Comprehensive Plan or the zoning regulations of St. Lucie County, Florida.
120
121 Sec. 1-16.2-6. Notification of disposition to interested parties.
122 The county administrator or designee shall publish a notice in a newspaper of general circulation
123 once at least twenty (20) days prior to the board of county commissioners' hearing in which the
124 real property is to be declared surplus. The notice shall contain a description of the surplus
125 properiy sought to be disposed of, the name of the county administrator or designee to which
~^',~^s,", portions are deleted.
Underiined portions are added.
~4 •
126 objections shall be addressed, and the date of the regular meeting of the board in which proposed
127 final action is to be taken. Objections to the declaration of surplus property shall be made in
128 writing no later than ten (10) days prior to the hearing in which the real property is to be declared
129 surplus and shall be given to the board prior to making its final decision.
130
131 PART B. CONFLICTING PROVISIONS.
132 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
133 County, County ordinances and County resolutions, or parts thereof, in conflict with this
134 ordinance are hereby superseded by this ordinance to the extent of such conflict.
135 PART C. SEVERABILITY.
136 If any portion of this ordinance is for any reason held or declared to be unconstitutional,
137 inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
138 this ordinance or any provision thereof shall be held to be inapplicable to any person, property,
139 or circumstance, such holding shall not affect its applicability to any other person, property, or
140 circumstance.
141 PART D. APPLICABILITY OF ORDINANCE:
142 This ordinance shall be applicable in the unincorporated area of St. Lucie County.
143 PART E. FILING WITH THE DEPARTMENT OF STATE.
144 The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
145 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
146 PART F. EFFECTIVE DATE.
147 This ordinance shall take effect upon filing with the Department of State.
148 PART G. ADOPTION.
149 After motion and second, the vote on this ordinance was as follows:
150 Chris Craft, Chairman XX~~
151 Chris Dzadovsky, Vice Chairman XXX
152 Commissioner Paula A. Lewis XXX
153 Commissioner Frannie Hutchinson XXX
154 Commissioner Tod Mowery XXX
~^',~^s,", portions are deleted.
Underlined portions are added.
B
r E CI I S
155 PART H. CODIFICATION.
156 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled
157 Laws and the word "ordinance" may be changed to "section", "article", or other appropriate
158 word, and the sections of this ordinance may be renumbered or relettered to accomplish such
159 intention; provided, however, that parts B through H shall not be codified.
160 PASSED AND DULY ADOPTED this day of , 2011.
161 BOARD OF COUNTY COMMISSIONERS
162 ATTEST: ST. LUCIE COUNTY, FLORIDA
163 BY:
164 Deputy Clerk Chair
165 APPROVED AS TO FORM AND
166 CORRECTNESS
167 BY:
168 County Attorney
~+el~gkt portions are deleted.
Underlined portions are added.
F
!
' ITEM NO. VII-B
~ ~ - DATE: 05/03/11
~
, • ~ ~ ~w~ " AGENDA REQUEST REGULAR ( )
_ _ _ _ _ . _
PUBLIC HEARING ( X )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Heather Sperrazza Lueke
Assistant County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Ordinance No. 11-016 - Art in Public Piaces
BACKGROUND: See CA11-238
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: July 6, 1999 - Board created Art in Public Places Program
March 22, 2011 - Board granted permission to advertise Ordinance No. 11-016
RECOMMENDATION: • Staff recommends approval of Ordinance No. 11-016.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Siq natures
County Attorney ( x) ~ OMB Director
Budget Analyst
. Daniel S. Mclntyre (Name)
(Name)
( ) ERD ( )
(Name) (Name)
r
COUNTY ATTORNEY
~ - J - ' .
~
~ , ~ ,
MEMORANDUM
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. No: CA11-238
DATE: May 3, 2011
SUBJECT: Ordinance No. 11-016 - Art in Public Places
ITEM NO. VII-B
Backqround:
At the request of Administration, the County Attorney's Office has drafted Ordinance No. 11-016,
which would result in the following:
• Suspension of the Art in Public Places program for twenty-four (24) months. During this time,
no funds will be placed into the Art in Public Places Trust Fund.
• Sunset of the Art in Public Places Committee until such time that the Board determines it is
appropriate to appoint a committee
• Distribution of the Art in Public Places Trust Fund:
-$15,000 for maintenance of existing art pieces
-$74,000 to the Arts and Cultural Alliance of St. Lucie County for activities which would
have been permitted under the Art in Public Places Ordinance. Funds for this contract will
be paid for by the AIPP funds that were contributed from the Parks MSTU.
-$46,729 shall be returned to the appropriate County capital budgets
-Any funds placed into the Fund during 2010-2011 are returned to the department from
which they originated
-$342,527 shall be distributed to the Arts and Cultural Alliance of St. Lucie by grant
agreement for implementation of the goals of the Strategic Plan as presented to the BOCC
on March 22, 2011, including hiring an executive director
Previous Action:
July 6, 1999 - Board created Art in Public Places Program
March 22, 2011 - Board granted permission to advertise Ordinance No. 11-016
Recommendation:
Staff recommends approval of Ordinance No. 11-016.
Respectfully submitte
d~~~~
Heather Sperrazza Lueke /
Assistant County Attorney
ORDINANCE NO. 11-016
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
CODE AND COMPILED LAWS BY AMENDING SECTION
1-4.5-2 "ART IN PUBLIC PLACES PROGRAM" TO
SUSPEND THE PROGRAM FOR TWENTY-FOUR
MONTHS; AMENDING SECTION 1-4.5-3 "ART IN PUBLIC
PLACES TRUST FUND" TO DISTRIBUTE THE FUNDS
WHICH REMAIN IN TI~E TRUST FUND; PROVIDING
FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION AND PROVIDING FOR
CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
l. On July 6, 1999, the Board of County Commissioners created by Ordinance an Art in
Public Places program.
2. It is now necessary to suspend the Art in Public Places program for twenty-four (24)
months and redistribute the funds in the Art in Public Places Trust Fund.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of St. Lucie County, Florida:
PART A. Chapter 1-4.5, "Art," of the Code of Ordinances of St. Lucie County, Florida,
is amended as follows:
ARTICLE I. ART IN PUBLIC PLACES
Sec. 1-4.5-1. NO CHANGES
Sec. 1-4.5-2. Art in public places program.
(a) Appropriations for county capital projects shall include an amount equal to two (2) per cent
of the total eligible construction costs to be used for artist design services and for the selection,
acquisition and display of artworks for related education programs, for the maintenance of
county artworks, and for the administration of the master plan. Funds appropriated pursuant to
c+.,,,.~,~~ Portions are deleted.
Underlined portions are added. 1
this section shall not exceed one hundred thousand dollars ($100,000.00) per project. Funds
appropriated for one (1) capital project, but not deemed necessary or appropriate by the council
in whole or in part for that project, may be expended on other public art projects approved under
the annual master plan, subject to any bond restrictions and legal or grant restrictions. Bond
funds shall be appropriated and accounted for in the bond capital project accounts. All county
agencies may opt to participate in the art in public places program for any improvement project
not otherwise subject to this article.
(b) Appropriations for transportation capital projects shall include an amount equal to one (1)
per cent of the total eligible construction costs to be used for site specific transportation
enhancement projects, including artist design services for such projects, for the maintenance of
such projects, and for the administration of the master plan relating to such projects. Funds
appropriated pursuant to this section shall not exceed one hundred thousand dollars
($100,000.00) per project. Bond funds shall be appropriated and accounted for in the bond
capital project accounts.
(c) The first priority for use of funds generated by a capital project shall be that capital project
site. The monies appropriated under this article may be used for artist design services, for the
development of design concepts and models, and for the selection, acquisition, purchase,
commissioning, placement, installation, exhibition and/or display of artworks. Artworks and
transportation enhancement projects shall be selected in accordance with the master plan and
may be temporary or permanent, may be integral to the architecture or may be incorporated into
the project. Integration of the artists' design concepts into the project architecture and/or design
should be ensured, insofar as is feasible, by the concurrent selection of the artist(s) with the
architect, engineer, or project designer.
(d) In the case of a project which involves the use of grant or county bond proceeds issued after
the effective date of this article, amounts for artist design services and artworks described in this
ordinance shall be used for projects and capital purposes consistent with state and federal laws,
the resolutions and/or ordinances approved by the board and the terms of the grant agreement.
(e) With the exception of transportation capital projects or as otherwise restricted by the board,
any applicable bond resolution or ordinance, local, state or federal law, or the conditions of a
granting authority, monies generated under this article may be pooled and expended for any
public art and design project in the county, subject to the approved master plan. Pooled funds
may be used as seed money for artists' fees to initiate partnerships with private and other public
entities to provide public art and aesthetic enhancements in St. Lucie County, pursuant to a
written agreement.
To the extent allowed by grant guidelines and by law, all county agencies shall, from the
effective date of this article, include in all applications for funding to outside granting
organizations or governmental agencies, an amount equal to two (2) per cent of eligible
construction costs for a capital project, not to exceed one hundred thousand dollars
($100,000.00), or an amount equal to one (1) per cent of eligible construction costs for a
transportation capital project, not to exceed one hundred thousand dollars ($100,000.00), for
artist design services and artworks or transportation enhancement projects, as specified herein.
(g) The minimum amount to be appropriated for artist design services, artworks, and
transportation enhancement projects shall be the total eligible construction costs multiplied by
0.02 or 0.01, as appropriate. This calculation shall be made by the county agency prior to the
~^'~~^s,". portions are deleted.
Underiined portions are added. 2
time of the appropriation for the county's capital program. An amount equal to fifteen (15) per
cent of the eligible allocation of the construction project (which is 0.003 of the total eligible
construction costs for a capital project and 0.0015 of the total eligible construction costs for a
transportation capital project) may be used for project support and community participation
activities. For public-owned properiy this may include staffing, artist selection-related costs
(excluding travel of the selection committee), consultants, design/proposal/moquette costs,
identifying plaques, project documentation, publicity, comrnunity education activities and other
purposes as may be deemed appropriate for the administration of the program. An amount equal
to fifteen (15) per cent of the eligible public art allocation of the construction project for a capital
project (which is 0.003 of the total eligible construction costs) shall be set aside in a separate
account within the trust fund for curatorial services, insurance coverage, and the preservation and
maintenance of county artworks. An amount equal to fifteen (15) per cent of the eligible public
art allocation of the construction project for a transportation capital project (which is 0.0015 of
the total eligible construction costs) shall be set aside in a separate account within the trust fund
for curatorial services, insurance coverage, and the preservation and maintenance of the specific
transportation enhancement project. The council shall recommend that any artwork or
transportation enhancement project needing extraordinary operational or maintenance costs be
reviewed by the appropriate county agency director prior to recommendation to the board. The
council shall also be responsible for conducting an annual maintenance survey of artworks and
transportation enhancement proj ects. This survey shall include a condition report on each work,
prioritized recommendations for the restoration or repair and maintenance, and estimated costs.
Such repair and maintenance shall comply with any contractual obligations which may have
been entered into by the county in the acquisition of the artworks. Expenditures of monies in the
artwork and transportation enhancement projects maintenance and project support accounts shall
be annually recommended by the council and included in the proposed annual budget submitted
to the board. Funds in the maintenance and conservation account not expended by the end of the
close of any fiscal year shall be carried forward. The council shall also, review and update as
necessary the insurance requirements for artworks at least every five (5) years.
(h) The Art in Public Places Program is suspended for twen -four 24) months. The Arts
and Cultural Alliance of St. Lucie, Inc. shall make recommendations to the Board of Countv
Commissioners for chan~es to the Program before its reinstatement in twentv-four (24 months
The Art in Public Places advisorv committee shall sunset until such time as the Board of Countv
Commissioners determines it appropriate to ap~oint a committee. ^
Sec. 1-4.5-3. Art in public places trust fund.
(a) Created. There is hereby created "art in public places trust fund" consisting of all funds
appropriated and deposited to the trust fund in connection with the construction or renovation of
a facility or system pursuant to sections 1-4.5-2(a) and 1-4.5-2(b). The trust fund is also
authorized to accept gifts, grants and donations made to St. Lucie County for works of art. All
appropriations, gifts, grants and awards of monies hereunder shall be deposited in an interest-
bearing account entitled the "St. Lucie County Art in Public Places Trust Fund Account", which
shall be a separate account established and maintained apart from the general revenue funds and
accounts of St. Lucie County. All interest in said account shall accrue to the use and benefit of
the trust fund account.
c~~~~^~~~~s portions are deleted.
Underiined portions are added. 3
(b) Term of existence. The St. Lucie County Art in Public Places Trust Fund Account shall be
self-perpetuating from year to year unless specifically terminated by the board.
(c) Trust assets. All appropriations, gifts, grants and awards of money or property received
hereunder from either public or private donors shall be placed in trust for and inure to the use and
benefit of St. Lucie County for public art and design purposes; and said property and funds shall
be expended, utilized and disbursed pursuant to the provisions of this section.
(d) Approp~°iations and donations.
(1) Eligible monies appropriated pursuant to this article shall be transferred to the trust fund.
This transfer shall take place within thirty (30) days of the approval by the board of the
construction contract for an eligible project.
(2) Funds deposited or credited to the St. Lucie County Art in Public Places Trust Fund
Account, except funds for maintenance and conservation of county artworks and transportation
enhancement projects, not expended or obligated by the close of any fiscal year shall be carried
over automatically for a period of three (3) years beyond the close of the county construction
project, or upon recommendation of the council, carried over for an additional two (2) years. Any
funds carried over for three (3) years, or upon request five (5) years, and still unexpended at the
expiration of such period, shall be transferred to the general fund for general art purposes or
transportation enhancement projects, as appropriate, only; provided that funds derived from other
restricted sources shall revert to the funds from which originally appropriated at the expiration of
said three- or five-year period, or if project is canceled, as applicable.
(3) Any gifts, grants and awards received subject to a condition shall be expended strictly in
accordance with such condition. .
(e) During the term of the suspension implemented in section 1-4.5-3(h), any funds in the Art in
Public Places Trust Fund which are not already encumbered by contract shall be distributed as
follows:
~1 ) Fifteen thousand dollars ($15000.00) shall be set aside for maintenance of the existing art
ip eces•
(2) An~placed into the Art in Public Places Trust Fund durin~ Fiscal Year 2010-2011
shall be returned to the countY department from where the funds ori in~ ated•
(3) The County will enter into a contract with the Arts and Cultural Alliance of St. Lucie, Inc. for
seventv-four thousand dollars ($74,000.00) for other activities which would have been permitted
under the Art in Public Places Ordinance. Funds for this contract will be paid for bv the AIPP
funds that were contributed from the Parks MSTU.
(4) Fortv-six thousand seven hundred and twenty-nine dollars ($46,729.00) shall be returned to
the Airport, County Capital and Transportation Trust accounts.
(5) Three hundred and forty-two thousand five hundred and thiriy seven dollars ($342,537.00~
shall be distributed b~ rg ant a~reement to the Arts and Cultural Alliance of St. Lucie Countv,
Inc. for implementation of the ~oals of the Strate~ic Plan as presented to the BOCC on March
22, 2011, includin~hirin~ an executive director.
Sec. 1-4.5-4. NO CHANGES
Sec. 1-4.5-5. NO CHANGES
portions are deleted.
Underlined portions are added. 4
PART B. SEVERABILITY.
If any word, phrase, clause, section or portion of this ordinance shall be held invalid or
unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate
and independent provision and such holding shall not affect the validity of the remaining portions thereof.
PART C. EFFECTIVE DATE.
This ordinance shall become effective immediately upon adoption.
PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART E. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft XXX
Vice Chairman Chris Dzadovsky XXX
Commissioner Paula A. Lewis XXX
Commissioner Tod Mowery XXX
Commissioner Frannie Hutchinson XXX
PART F. CODIFICATION.
Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie
County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate
word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention;
provided, however, that Parts "B" through "F" shall not be codified.
PASSED AND DULY ADOPTED this day of , 2011.
~t~"^',~'~.'^, portions are deleted.
Underlined portions are added. 5
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS
BY:
County Attorney
portions are deleted.
Underlined portions are added. 6
, ,
ITEM NO. VII-C
~gg~~~~~~~yg~~,~r~:
„ ~ ~13~` ~ ~ ~4 ~R Is'~. II' I
DATE: 5/03/11
~
~r: ~ N # AGENDA REQUEST REGULAR ( )
~
PUBLIC HEARING ( X )
LEG. ( X )
QUASI-JD ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Jeffrey Johnson
SUBMITTED BY: Planning and Development Services Senior Planner
SUBJECT: Ordinance No. 11-012 - Florida Power & Light (FPL) Company Land Development
Code Text Amendment.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: March 17, 2011 - Planning and Zoning Commission unanimously recommended
approval.
RECOMMENDATION: Board approval to schedule the second required public hearing for May 17, 2011 at 9
am, or as soon thereafter as possible, for Ordinance No. 11-012 to include
meteorological towers as permitted temporary structures in the AG-5 (Agricultural
- 5) zoning district.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Siqnatures
County Attorney ( X) County Surveyor ( X)
. Daniel S. Mclntyre Ron Harris
County Engineer ( X) ERD ( X) ~.~7
Michael Powley K n Smith
Originating Dept. ( X ) OMB ( )
Mark Satterlee Marie Gouin
Purchasing ( )
Melissa Simberiund
~
~ ;
Planning and Development
~
~ ' ' ~ ~ Services Department ~
~
~ # + MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Planning and Development Services Director
Kara Wood, Planning Manager ~I~
U~
FROM: Jeffrey Johnson, Senior Planner
DATE: May 3, 2011
SUBJECT: Ordinance No. 11-012 - Florida Power & Light (FPL) Company Land
Development Code Text Amendment
ITEM NO. VII-C
Backqround:
Florida Power & Light (FPL) Company is requesting to amend the text of the St. Lucie County Land
Development Code (LDC) to include meteorological towers as permitted temporary structures in the
AG-S (Agricultural -5) zoning district. This is the first of two required public hearings.
FPL is currently assessing the suitability for wind turbines as a clean alternative energy source on
lands primarily located in the western agricultural areas of the County. The needs assessment
includes placement of temporary meteorological towers to gauge wind conditions that will assist in
determining site suitability and wind speed sufficiency for placement of wind turbines.
As proposed, the meteorological towers shall:
• Be permitted only on a temporary basis (not to exceed three years)
• Not exceed two hundred (200) feet in height
• Be set back a minimum of 110 percent of the tower height from all property lines
• Comply with applicable Florida Building Code requirements for construction and installation
• Be painted a neutral color to conform with the surrounding environment
• Not have any signage, flags, banners or advertising (with the exception of wildlife monitoring
equipment)
• Not have any other forms of communication devices or co-locations positioned
Additional development standards shall include:
• Access to any proposed meteorological tower site will be provided by an all weather surface
pursuant to the approval of the County Engineer.
• The tower and equipment (not to exceed 500 square feet in area) will be required to be
enclosed within a minimum six foot high fence or wall for security purposes.
• Landscaping will be provided in accordance with Chapter 7 requirements to screen the
ground equipment and vehicular use areas unless it is determined by the Environmental
Board of County Commissioners
FPL Text Amendment to LDC
May 3, 2011
Page 2 of 2
Resources Department Director that application of these regulations will not meet the intent
of the Code as a result of use, traffic patterns, drainage or other issues of configuration
• A surety shall be provided in a form and amount approved by the County Attorney to ensure
removal of the tower and equipment, and will be released once the removal is complete to
the satisfaction of the County.
At the March 17, 2011 public hearing on this matter, the St. Lucie County Planning and Zoning
Commission recommended approval of the proposed ordinance by a vote of 7 to 0(Commissioner
Blazek absent). No public comments were made during this hearing.
Staff's review of this petition has determined that the proposed text amendment conforms to the
standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development
Code and will further the goals, objectives, and policies of the St. Lucie County Comprehensive
Plan.
Recommendation:
Board approval to schedule the second required public hearing for May 17, 2011 at 9 am, or as soon
thereafter as possible, for Ordinance No. 11-012 to include meteorological towers as permitted
temporary structures in the AG-5 (Agricultural - 5) zoning district.
1 ORDINANCE NO. 11-012
2
3 Text Amendment to the Land Development Code
4
5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
6 LUCIE COUNTY, FLORIDA, TO AMEND THE TEXT OF THE LAND
~ DEVELOPMENT CODE TO INCLUDE METEOROLOGICAL TOWERS AS
s PERMITTED TEMPORARY STRUCTURES IN THE AG-5 (AGRICULTURAL
9 - 5) ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR
Zo CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
11 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE
12 FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE
13 DATE; AND PROVIDING FOR ADOPTION.
14
15 WHEREAS, the Board of County Commissioners has made the following
16 determinations:
17
le 1. The Board is authorized by Section 125.01(1)(h), Florida Statutes to
19 establish, coordinate and enforce zoning and such regulations as are
Zo necessary for the protection of the public.
21
22 2. This Board is authorized by Section 125.01(1)(t), Florida Statutes to adopt
23 ordinances and resolutions necessary for the exercise of its powers and to
24 prescribe fines and penalties for the violations of ordinances in accordance
25 with law.
26
2~ 3. On August 1, 1990, the Board of County Commissioners of St. Lucie County
28 Florida adopted the St. Lucie County Land Development Code.
29
30 4. On March 17, 2011, the Planning and Zoning Commission held a public
31 hearing on the proposed ordinance after publishing notice in the St. Lucie
32 News Tribune on February 28, 2011.
33
34 5. On May 3, 2011, the Board held its first public hearing on the proposed
35 ordinance, after publishing a notice of such hearing in the St. Lucie News
36 Tribune on April 20, 2011.
37
38 6. On May 17, 2011 the Board held its second public hearing on the proposed
39 ordinance, after publishing a notice of such hearing in the St. Lucie News
4 o Tribune on XXXXX, 2011.
41
42 7. The proposed amendment to fhe St. Lucie County Land Development Code
43 is consistent with the general purpose, goals, objectives and standards of
44 the St. Lucie County Comprehensive Plan and are in the best interest of the
1 health, safety and public welfare of the citizens of St. Lucie County, Florida.
2
3 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
4 St. Lucie County, Florida:
5
6 A. The specific amendment to the St. Lucie County Land Development
~ Code to read as follows in underline format:
8 <<;;~;~~,'`
4 ~~:~h:'`
~'.~`~"t'h~~
~
9 CHAPTER II DEFINITIONS Q~~t;~~
: ~ ;
Z o ,.::;~:u~,. a~~;
~
11 2.00.00 Definitions
~
12
~ }
13 Meteorolo ical Towers: a structur~ ~istin of a tower~t3~~dation tower
14 e ui ment shelter u wires anc1~~'~ orted instruments ~a~a:`' .e ui ment
~ 4~.
15 measurin wind s eed and ambient ~ er cor~~ons. T,,,~::,,
~~1::~:~<
16 :
i Q~~~_ ~
t;
l~ CHAPTER VIII ACCES~~~~~~ND TEM RY STRUCTUR~S AND
is USES ~t~~; 5~~=~~s~.:~
.,.~~c~::.~.ta~.,
~ ~
19 ~ ~`c~~.
~~i,.:~ 4.\:;.
\
~~i
~ . ~
Zo 8.02.02 Particul~~~.~mporary ~~~s an ~~~~~tures~~~'"•
~ .o:= <€::°t`~~
`~4 ' \y\' ,c. \ ~ \ .
21 ~ °~"`.ti~;. .r~'
x~?":i~'~:>~fJ`..ivs~. ~~v .
~`cS. ~r,~,~y,`~'- ~ ~,~.~x~ ?':Y'~, a?:a,'::~'.,O\ "~C\~'a\.s~,. ,
~ v~ G' `C~:?.`L''\~....
..~:~t
22 Permitted t ~~ra u'~~ shall in~ k~~~ `~~4
rY , ,:~r:
2 3 ~A ~;~~~3, s~?~~~''~~
~ t^:~~;,
29 M. Meteorologi ~:~~;Tow~~;;>:~s.~ubject tc~~;:.~ followinq:
..'^~~~s•:: ~:<..~•~,4,;~y.,;~~~ ~'<a:~F. .
~:~::,~h~`?~9: ~ ~'.`:\..:.i,r~k;~~::~<a~ ~c~~~~;~ ~'f~<::;~~'.
2 5 «:~~.C;~~s~£'~
~`~~?c
` ~:::*`,c~v
26 ~~x~~~~~ ~1~f~~~~~o ica~~~~nier in~S~~I~~~.Qn~~?~For a tem ora eriod not to
~
;<:.:E~>;;~>` ;
2~ ~n~:;t excee 3~""~~, :~'.~rs ma be`~' i;~horized b the Director of Plannin
~
: .
Zs and Deve ent ~::~ces within AG-5 zonin district.
.<~f::;~ .
2 9 ~
a ~
30 2. ~",~~meteorol~ ~::al towe ~and equipment shelter (not to exceed 500
; . ,
31 s feet in shall be enclosed within a minimum six 6 foot
32 hi h~° ~e or
~N~ : :
3 3 z~»~~y
34 3. The m te`~~'~'° ical tower shall not exceed two hundred 200 feet in
35 height, as measured from existing qrade and shall be set back a
36 minimum distance of 110% of the overall heiqht of the tower from all
3~ propertv tines.
38
39 4. Meteoroloqical towers shall have a qalvanized, rust resistant steel
4o finish or be painted a neutral color which is non-reflective to conform
41 with the surroundinq environment and reduce visual obtrusiveness.
42
q3 5. No meter meteoroloqical tower shall have any siqnage, flaqs,
May 3, 2011 Ordinance No. 11-012
File No. TLDC 1020104148 Page 2.
1 banners writing or decorative items that may be construed as
2 advertising.
3
4 6. There shall be no co-location of antennas or other forms of
5 telecommunication devices or apparatus placed upon the tower at
6 an ime.
~ ,
8 7. An FAA issued Determination of Non-Ha \ all be submitted with
9 the construction drawin s for a buil t`~ `~rmit. An com liance
1o conditions issued as a result of the ~`'on shall be addressed
11 within the construction drawinqs ~~`~'x'~ "~~~:k~.~
'3-~~~`~~.
12 ~~`t~ ~~:c
~ ~~Zk •
13 8. All construction drawin s s.~`~: ;~fed for a buildi'~°''~-., rmit shall be
14 si ned and sealed b a S~~ ~ of Florida licensec~~; ineer as a
15 com onent of the buildin er~~ licati. _
zs.,.~°
16 ~f~ ; ~ ~ ~,F
1 ~ 9. The meteorolo ica r. site shall cessed via an all ~weather
-
ls surface within the r f-wa
> .~"iu
19
:a . ; . ~~'ni~>:,
"
Zo 10. Landsca i~a. er Cha t~.:, inc~ : ut no~ ~~ted to standards for
21 teleco : : - ~ : > n towe : ' ree ~ . . ~ Se " t~ 7.10.23 G and
22 vehi Nse a` ~creeni ` ~tio`if~~ 04 C will be re uired
23 unles deter ~ d b th `ronmenta~ ~ esources De artment
2 4 Director ..a li x_ ion of the`` ulations will not meet the intent of
'~~"F"'`' tra tterns draina e or other issues
25 x,;~=.. ode sa:.
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29 11:A=~~~When locaf~=`"~~> eteo~~;, ical towers reasonable efforts shall be
30 de to avoic~ ~'>d mini~~ze im acts to native ve etation.
31 s.>~:
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32 12. Avi~w': t and ~~~~~Ilife monitorin e ui ment shall be ermitted to be
33 locate a ower and e ui ment shelter.
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35 13. The operat~'t~~or owner of the meteorological tower and eauipment
36 shelter shall provide suretv in the form and amount to be approved by
s~ the County Attorney to ensure removal of the meteoroloqical tower
38 and equipment. The surety shall be provided to the Countv prior to
39 the issuance of the buildingpermit. Once the meteoroloqical tower
4 o and equipment shelter have been removed from the site subiect to a
41 demolition permit the Countv shall release the surety to the owner or
4 2 operator.
43
May 3, 2011 Ordinance No. 11-012
File No. TLDC 1020104148 Page 3
i B. CONFLICTING PROVISIONS
2
3 Special acts of the Florida Legislature applicable only to unincorporated
q areas of St. Lucie County, County Ordinances and County Resolutions, or
5 parts thereof, in conflict with this Ordinance are hereby superseded by this
6 Ordinance to the extent of such conflict.
~
' €y~~b'a~`u
s C. SEVERABILITY
9 ~
lo If any portion of this Ordinance is for an~~,~~ k~~eld or declared to be
~a t~
ii unconstitutional, inoperative or void ~~oldirf~ , all not affect the
~ , ~ :c
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i2 remaining portions of this Ordinanc f~ ~his Ordinat~:,~ ,~~~or any provision
13 thereof shall be ina licable to an `
pp yr,;::4v , n, property, or ci'r~~~i:>,stances, such
s,. ,
19 holding shall not affect its applica to any other pers'-:~~~roperty or
15 circumstance. z~~;:
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May 3, 2011 Ordinance No. 11-012
File No. TLDC 1020104148 Page 4
1 G. ADOPTION
2
3 After motion and second, the vote on fhis Ordinance was as follows:
4
5 Chris Craft, Chairman XXX ~
6
~ Chris Dzadovsky, Vice Chairman ~;X~~
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15 PASSED AND DULY ADOPTED This 17th f May p11. ~~<:~rt
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May 3, 2011 Ordinance No. 11-012
File No. TLDC 1020104148 Page 5
ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
MAY 3, 2011
NOTICE OF LAND
DEVELOPMENT CODE TEXT
CHANGE
The St. Lucie County Board of County Commissioners
proposes to consider the adoption ot the following ordinance:
ORDINANCE NO. 77-012
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
AMENDING THE TEXT OF THE LAND DEVELOPM6NT CODE
TO INCLUDE METEOROLOGICAL TOWERS AS PERMITTED
TEMPORARY STRUCTURES IN THE AG5, AGRICULTURAL - 5
ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND
PROVIDING FORAPPLICABILITY.
APPLICANT: Florida Power and Light (FPL) Company
LOCATION OF AFFECTED PROPERTY: Unincorporated
St. Lucie County
The PUBLIC HEARING on this item will be held in the Commission
Chambers; Roger Poitras Annex, 3rd Floor, St. Lucie County
Administration Building, 2300Virginia Avenue, Fort Pierce, Florida
on Tuesday. May 3. 2017 beginning at 6:00 P.M. or as soon
thereafter as possible.
All interested persons will be given an opportunity to be heard. Written
comments received in advance of the public hearing will also be
considered. Written comments to the Board of County Commissioners
should be received by the Planning and Development Services
Department - Planning Division at least 3 days prior to the scheduled
hearing.The petition file is available for review at the Planning and
Development Services Department offices located at 2300 Virginia
Avenue, 2nd Floor, Fort Pierce, Florida, during regular business
hours. Please call 772/462-2822 orTDD 772/462-1428 if you have any
questions or require additionai information.
The St. Lucie County Board of County Commissioners has the power
to review and grant any applications within their area of responsibility.
The proceedings of the Board of County Commissioners are
electronically recorded. PURSUANT TO Section 286.0105.
Florida Statutes, if a person decides to appeal any decision
made by the Board of County Commissioners with respect to any
matter considered at a meeting or hearing, he or she will need a
record of the proceedings. For such purpose, he or she may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal
is to be based. Upon the request of any party to the proceeding,
individuals testifying during a hearing will be sworn in. Any party
to the proceeding will tie granted an opportunity to cross-examine
any individual testifying during a hearing upon request. If it
becomes necessary, a public hearing may be continued from time
to time as may be necessary to a date-certain.
Anyone with a disability requiring accommodation to attend this
meeting should contact the St. Lucie County Risk Manager at
least forty-eight (48) hours prior to the meeting at (772) 462-1546
orT.D.D. (772) 462-1428. Any questions about this agenda may be
referred to St. Lucie County Planning Division at (772) 462-2822.
BOARD OF COUNTY COMMISSIONERS
ST. WCIE COUNTY, FLORIDA
/S/ CHRIS CRAFT, CHAIRMAN
PUBLISH DATE: April 20, 2011
18 pt type for heading
No smaller than 2 column inches wide by 10 inches long
Send Proof to: St. Lucie County
Planning and Development Services Department
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Phone - (772) 462-1585
Fax - (772) 462-1581
Send Bill to: St. Lucie County
Planning and Development Services Department
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Phone - (772) 462-1585
Fax - (772) 462-1581
~a~ ' ~ x . ~t j~~ir~~~~~rj~pyv9,."~~~~'....
~ ~ Environmental Resources
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Department
~1! ' ~ a
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. . _ Finai Report
,
TO: Jeffrey Johnson, Planning & Development Services Department
THROUGH: Karen L. Smith, Environmental Resources Department Director~~
FROM: Jennifer Evans, Senior Environmental Planner
Amy Griffin, Environmental Regulations and La Division Manager~-
,
DATE: February 17, 2011
SUBJECT: FPL Meteorological Tower Land Development Code Text Amendment
TLDC 1020104148
Backaround
The Environmental Resources Department (ERD) has completed its review of the proposed Land
Development Code revisions for the meteorological towers text amendment. The applicant
requests approval of a Land Development Code (LDC) Text Amendment to allow temporary
meteorological towers within the AG-5 (Agriculture - 5 units/acre) zoning district. The proposed
amendment would affect all properties zoned AG-5 within unincorporafed St. Lucie County.
Findinas
Environmental impacts anticipated as a result of the proposed activity are minimal. The
Environmental Resources Department will review and approve each individual tower through the
building permit process to ensure avoidance and minimization criteria have been met. In addition,
landscaping per Section 7 of the Land Development Code shall be required unless
administratively waived by the Environmental Resources Director. At the time of the building
permit application submittal, the Environmental Resources Department is available to meet with
the applicant to assist in expediting the permitting process.
Recommendation
ERD supports the approval of the Land Development Code text amendment.
Please contact Jennifer Evans at 772-462-3862 if you have any questions.
~ ~ _ ~ , Environmental
. Resources Department
• " R `
Companion Report
TO: Board of County Commissioners
THROUGH: Karen Smith, Environmental Resources Department Director
FROM: Jennifer Evans, Senior Environmental Planner .
Amy Griffin, Environmental Regulations and Lands Manager
DATE: March 23, 2011
SUBJECT: FPL Meteorological Tower Land Development Code Text
Amendment TLDC 1020104148
Backqround
The Planning & Development Services Department requested Environmental Resources
Department (ERD) input on the proposed Planned Non-Residential Development.
Findinqs
ERD findings are presented in the ERD Final Report, which has been included in the
agenda packet.
Recommendations
ERD supports approval of Planned Non-Residential Development.
Signature
DRAFT Page 4 of 10
111 the Board of County Commissioners. From a staff's stand point, we will stay with our
112 recommendation of permitted use given that there are such a variety of uses.
113 Mr. Sanders pointed out the existing uses that farm products, raw materials, farm
114 supplies are all allowed in that current use.
115 Mr. Lounds made a motion after considering the testimony presented during the
116 public hearing, including staff comments, and the standards of review as set forth
, ;
117 in Section 11.06.03 St. Lucie County Land Developmen# Code, I hereby move that
118 the Planning and Zoning Commission recommend that the St. Lucie County
119 Board of County Commissioners grant appro~al of Ord~nance NO. 11-015, Text
120 Amendment to the IL (Industrial, Light) Zoni,ng District, because it is a good fit for
121 the IL Zone category.
122 Mr. Culverhouse seconded the motion"..
123 Mr. Grande stated he was going to vote against ,;th~s; he has no problem with this
124 applicant doing business on this particular pie~e o# ~land. He want it to be recorded in
125 the minutes that go to the Board of County Commis~i.oners that he has a strong feeling
126 that this should be a conditional use. ~
127 The roll was called:
128 Mr. Lounds Yes Ms. Townsend Yes
129 Mr. Reynolds Yes Mr. Gulverhouse Yes
130 Mr. Grande. NO Ms. Morgan Yes
131 Chairman Mundt Yes
132 Chairman Mundt s#a~ed ` this will go . forward and the recommendation of the
133 Planning and Zoning ~Commission is approval.
134
135 ;B, FPL Meteorological Towers: TLCP 1020104148 - Petition of Florida Power and
136 Li,ght (FPL) Company to ~recommend adoption of a Land Development Code
137 tex#,., amendment to include meteorological towers as permitted temporary
138 structu.res in the AG-5 (Agricultural-5) Zoning District [Ordinance No. 11-012].
139 Staff comments and presentation by Jeffrey Johnson.
140 Mr. Johnson stated the applicant, Florida Power and Light Company is requesting to
141 amend the text of the Land Development Code to include meteorological towers as
142 permitted accessory structures in the AG-5, Agricultural Zoning District. This is a public
143 hearing and legal advertisement was published in the St. Lucie News Tribune on
144 February 28, 2011. As of this date, staff has received no written comments in opposition
145 to this request. FPL is currently assessing the suitability for wind turbines as a clean
146 alternative energy source on lands primarily located in the western areas of the county.
Planning and Zoning Commission March 17, 2011
Minutes
DRAFT Page 5 of 10
147 As proposed, their needs assessment includes placement of ineteorological towers to
148 gauge wind conditions that will assist in determining site suitability and wind speed
149 sufficiency for placement of wind turbines.
150 The requirements are as follows
151 1. Be permitted only on a temporary basis (not to exceed 3 years)
152 2. Not to exceed 200 feet in height
153 3. Be setback a minimum of 110% of the tower height from all property lines
154 4. Comply with applicable Florida Building Code re~uirernents for construction and
155 installation
156 5. Be painted a neutral color to conform with the surrounding en~ironment
157 6. Not have any signage, flags, banners or :atlvertizing (with the exception of wildlife
158 monitoring equipment)
159 7. Not have any other forms of communication devices or co-locations positioned
160 Access to any proposed meteorological tower site will be provided by an all weather
161 surface pursuant to the approval of the County Engineer. The tower and equipment (not
162 to exceed 500 square feet in area) ~wi1l.~be required to b;e enclosed within a minimum six
163 foot high fence or wall for security :~urposes. Landscaping will be provided in
164 accordance with Chapter 7 includi~i;g,;but not l~rni#ed to standards for telecommunication
165 tower screening and vehicular use sc~-eening vinll b~ req,uired unless it is determined by
166 the Environmental Resources Department director that application of these regulations
167 will not meet the intent of the:'Code as a;r:esult of use, traffic patterns, drainage or other
168 issues of configuration. A surety shall be provided in a form and amount by the County
169 Attorney to ensure successful removal of tMe_tower and equipment.
17o Section 11.Q6.03 of fhe Land Development Code establishes standards of review for
171 test amendmenfis: This` pro;posal is consistent with the elements in the Comprehensive
172 P1an. More specifically, Policy 1.4.2.4 which requires a review of the Land Development
173 ~pd,e to consider ~ppropriate standards for use of alternate, renewable sources of
174 energy._ Staff recommends that the Planning and Zoning Commission forward a
175 recommandation of approval to the Board of County Commissioners to adopt this text
176 amendmen#:to the Land Development Code (Ordinance No. 11-012).
177 Chairman Mundt asked if there were any questions for staff.
178 Mr. Grande asked if they could elaborate on the three year deal. Is it three years from
179 the time the first tower goes up, all of the towers would come down? Or any single
180 tower would be three years so that the study period could be endless if they put a tower
181 of every two years.
182 Mr. Johnson stated the request is for any single tower for three years.
Planning and Zoning Commission March 17, 2011
Minutes
DRAFT Page 6 of ~0
183 Mr. Culverhouse asked about the cost of construction regarding these towers. Would
184 they be able to come back and request an extension of the three years?
185 Mr. Johnson stated it would be a three year period with no extension. FPL can address
186 the question of the cost.
187 Mr. Grande stated gathering data is a great idea, the question of wind power has come
188 up in the past and not enough is known about it. This application will give us more
189 information than we have. He would appreciate that the r~w data that is collected is in
190 the presentation. Not only the conclusions but the data. that;is gathered during the test
191 periods is made available to the county.
192 Mr. Millar, a land planner of FPL introduced Ryan;Fair of the Development Business unit
193 of FPL. Both gave a presentation to the comrn"ission. He stated the Mr. Fair is the best
194 person to answer the cost question.
195 Mr. Culverhouse stated yes about the cost b~at also.; are they going to be able to justify
196 the cost within a three year period.
197 Mr. Fair stated it depends on gathe'ring of wind spee.d; we want to be able to evaluate a
198 full year's worth of wind. FPL feel's that three years in mo;re than enough time to get an
199 average wind speed and be able to capture ttie :seasona`li#y component. The idea is to
~ 200 ~ capture at least on~ ~Full year of relevant:;a~e~age data o~ wind speeds. The reason for
201 three years is because part of our commitment when we build wind turbines is that we
202 want to also monitor wild life:~:: Sometimes as much as 18 months to two years of wild
203 life monitoring namely avian and bat monitor.ing to determine whether or not we are in a
204 migratory bird ar.ea tha# we fee! rri~ay h:ave an adverse environmental impact that we
205 would no# want to pu# ~t~iose wind turbifies.'`We want to make sure we have enough time
206 to do "that study.; We fiave been building wind turbines for over 20 years across the
207 , country, three years is adequate time to be able to get a good picture of the wind
208 resource and the wild.;life pop'ulation.
209 Mr. Culverhouse asked;at the end of the three year period if the results were favorable
210 you would be back to r~quest to put in a wind turbine.
211 Mr. Fair stated if the results were favorable and it made sense in accordance with our
212 strategy and to fhe customer base to put a wind turbine in that area, then yes.
213 Meteorological towers are the first step into a long process of development of placing a
214 wind turbine.
215 Mr. Culverhouse asked if the results received would be shared with the county or would
216 it be proprietary.
Planning and Zoning Commission March 17, 2011
Minutes
DRAFT Page 7 of 10
217 Mr. Fair stated he did not want to answer that question with full certainty; historically
218 wind data is proprietary to us because we don't know how Florida is going to proceed
219 forward on an energy policy. If the energy policy allows for other developers to come in
220 fhat come be a competitive issue for us. We spend the money and the capital to get the
221 data; we may be hesitate to provide that in a public forum.
222 Mr. Grande stated he appreciated his explanation but it does ,not make a whole lot of
223 sense to him. If the data demonstrates that building wind #urbines in that area is a good
224 idea for the community and a_good idea for FPL as a business; you are going share that
225 data as part of the presentation to justify the wind turbines.:.
226 . Mr. Fair stated that they would share the results of the data based on our calculations of
227 whaf we interpret the raw data to be Thaf data could de#initely be part of a
228 presentation. That would not only be public.in this forum but it would be public at the
229 state regulatory level as well. What is berng referred to.; as keeping proprietary is the
230 raw data.
231 Mr. Lounds stated under the conditional use dra~ ordinance 11-012 on page 3, #10, the
232 landscape portion is based on i' telecommunications towers that are permanent
233 structures. This meteorological tower is not a,permane~t tower, it is temporary. What is
234 the justification of landscaping these towers in an :agncultural area? The other concern
235 in taking landscape rnate?'ial into the agricul~ural area is #he nematodes and things that
236 go with landscape materi~L If we .ho1d fo this ordinance, and we do recommend
237 landscaping; It should be ad;ded that tiie landscaping material be purchased from a
238 certified nematode free nursery so that we are not transporting more problems to what
239 citrus and groves,,we have le#f` ~n ~that area and that includes the sod.
240 Chairrtian :Mundt stated -that he had thaf`conversation with the Planning & Development
241 ;Director, Mr. Satterlee on: Tuesday. He asked Mr. Satterlee about the discretion on the
242 landscaping issue;
243 Mr Satterlee stated the language in #10 provides the Environmental Resource director
244 some'latitude in the amount of landscaping.
245 Ms. Evans. of the Environmental Resources Department (ERD) stated yes.
246 Chairman Mundt stated that Mr. Lounds' comment about being nematode free is a good
247 suggestion.
248 Mr. Lounds stated part of his question at one point was to have this discussion as part
249 of the record so when it goes to the Board of County Commissioners (BOCC) we have
250 answered some of those questions.
Planning and Zoning Commission March 17, 2011
Minu~es
DRAFT Page 8 of 10
251 Mr. Grande stated that he agreed with Mr. Lounds, the question that keeps jumping out
252 at him is this is temporary and this is western lands; is there a reason why it's a
253 requirement for landscaping. He can't think of a reason why it should be landscaped;
254 there is a setback of 220 feet from the property line.
255 Mr. Satterlee stated the landscape requirements are in the ordinance and they have to
256 be addressed. If it is the Commission's desire that it should not be included; that will be
257 taken forward to the BOCC.
258 Mr. Grande stated it is not in now, thaf is, with the ordinances,as they sit now, they could
259 not put these towers up. So, the commission is goang to change something to allow
260 these towers because it is good for everybody., ~lVhen we allow::fihese towers, when we
261 make this change; is there a reason that part nf that change can't b~,.if,, it's temporary for
262 three years or less and it's setback more than 200 feet from the pro:perty line, the
263 landscaping requirements are simply waved,
264 Ms. Evans stated the intent of how it was written was to allow for flexibility and to look at
265 each site specifically. It could be located ne~ to a residential and if the adjacent
266 homeowner had concerns, we wante~ to leave it open; I don't think in the middle of an
267 agricultural area that landscaping~:would;be :required. It was kept in there as a safety
268 precaution in case there was a buffering issue
269 Mr. Grande stated on exhibit `A', in the ; back of the ` packet under item #9 it says
270 meteorological towers shall l~e only peCrraitted within AG 2.5 and AG 5. Throughout the
271 rest of the documentation, including the change it says AG 5 only.
272 Mr. Lounds stated #hat it correct. '
273 Mr :Crande ask,ed if tMere was a problem if it was restricted to AG 5 outside the urban
274 service boundary.
275 `Mr: Millar stated if th~er.e was an opportunity to know precisely where the urban service
276 bound:ary was and if there was an overlap. Mr. Johnson's graphic does not represent
277 that. "We .looked at ~he; AG 2.5 and with staff's help did an analysis basically of the
278 percentage ;of the county and felt that the 2.5 was maybe two percent of the overall
279 county and ~nre #el#, comfortable that the AG 5 would be sufficient for us to locate the
28Q ~ tower. If the AG 5'falls within the urban service boundary, we would still like the flexibility
281 to stay within the AG 5.
282 Ms. Wood stated she wanted to clarify a couple of things that Mr. Grande brought up.
283 The exhibit `A' at the end of the agenda item was the applicant's original submittal. The
284 language was slightly different when it was submitted than what is currently being
285 reviewed; that is why it included the AG 2.5. After some discussion and examining the
Planning and Zoning Commission March 17, 2011
Minutes
DRAFT Page 9 of 10
286 maps, we encouraged them to omit the AG 2.5 because there are some of those areas
287 that are closer to the urban service boundary and we wanted to not get into a situation
288 where we were closer to existing residences or potential residences. We will double
289 check that there is no AG 5 zoning within the urban service boundary but having been
290 working on the western lands study for quite some time now, I am 95% sure that there is
291 not any AG 5 zoning inside the urban service boundary.
292 Chairman Mundt opened the public hearing.
293 No one spoke.
294 Chairman Mundt closed the public hearing.
295 ~ Mr. Lounds stated that he thought Mr. Grande's: points and questions and what his
296 questions were on the landscaping was fairly' explanatory; it gives ;the Environmental
297 Resources Department the opportunity to have some leeway to address the issue with
298 consideration that it is not a permanent fiower.
299 Mr. Culverhouse asked if it was possible to;,put in;: some type of guideline language
300 regarding the tower not being located near a res~de`nce; consideration should be given
301 to waiving the landscaping requirements. He t~e.lieved what Mr. Lounds stated
302 regarding that any materials need ;to be 'certified and nematode free and such as that
303 should be required as part of the ordinance.
304 Ms. Morgan made a mot~on: that after considering fhe testimony presented during the
305 public hearing including staff? comments; and the standards of review as set forth in
306 Section 11.06 03, St. Lucie C;ounty Land Development Code; I hereby move that the
307 Planning and Zoning CQmtri~ssion recommend that the St. Lucie County Board of
308 County Commissioriers: grant approval .of Ordinance No. 11-012, Text amendment to
309 includ:e rneteorological :towers as perriiitted temporary structures in the AG 5 zoning
310 district.
311 Ms. Townsend seconded the motion.
312 Mr. Ct~lverhouse asked the maker of the motion agree that Mr. Lounds' restrictions be
313 part of the motion.
314 Ms. Morgan:stated that she thought that everything that was said in the meeting is going
315 to be in the no~es. Ms. Evans has clarified that it will not be requirement to have
316 landscaping when its out in the middle of we know where; if it is near a residence it was
317 going to be done as an as-needed basis.
318 Ms. Evans stated that was correct.
Planning and Zoning Commission March 17, 2011
Minutes
DRAFT Page 10 of 10
319 Ms. Morgan stated that with all notes that have been mentioned of the healthy
320 landscaping be included.
321 The roll was called:
322 Mr. Lounds Yes Ms. Townsend Yes
323 Mr. Reynolds Xes Mr. Culverhouse Yes
324 Mr. Grande Yes Ms. Morgan Yes
325 Chairman Mundt Yes
326 Chairman Mundt stated this will go forward and the recommendation of the
327 Planning and Zoning Commission is approvaL
328
329 IV. OTHER BUSINESS
330 Mr. Satterlee stated at the last meeting Mr.` Blazak asked about the possibly of getting
331 identification badges for Commission members and it is being looked into. Apparently it
332 has been done at some level in the past so Human Resources is looking into it.
333 Mr. Lounds asked Mr. Satterlee regarding the landscaping that brings up something the
334 Environmental Resources Department may want to look at in adding some verbiage to
335 their regulations or requirements; moving landscape material into the agricultural area,
336 they may want to research getting it from certified nematode free environment and not
337 just healthy plants. There is a distinct difference between plants coming out of a
338 nursery that has been inspected by the State has to be healthy but there is another step
339 to make sure that it is certified nematode free. Not all nurseries are that especially if the
340 trees are field grown.. For future reference they may want to look at expanding their
341 requirements of ttiat.
342 : Ms. Evans stated that Chapter 7, landscaping code is being revised and she will take
343 . his comment.
344 V. ADJOWRN
345 There being no further business, the meeting adjourned at 6:48pm.
Planning and Zoning Commission March 17, 2011
Minutes
~ ITEfl~Ii P10. III-A
~ ~ ~ DATE: 3/17/11
~ AGENDA REQUEST REGULr4R ~ )
o ~
PUBLIC HEARINC ( X )
LEG. ( ~ )
t~UA51-JD ( )
CONSEtVT ( )
~p; Planning and Zoning Coe~me~sion PRESENTED BY:
Jeffrey Johnson
~t~6~~ ~Y; Planning and Development Services Senior Planner
Department, Planning Division
SU~~ Land Development Code Text Amendment -~lorida Povv~r arrd Light (FPL)
Company
BACKGROUND: See attached memorandum.
FUNDS A~OAIL/~6~LE: N/A
PREVI~US AC'TION: N/A
RECOMMEIdDAT10Pd: Recommend adoption of a Land Development Code text amendment to include
meteorological tovmers as permitted temporary ~tructures in the AG-5 (Agricultural -
5) zoning disfirict (4rdinance No. 11-012].
Coorelina~ionlSiqnatures
County Attorney ( X) County Surveyor ( X)
. Daniel S. Mclntyre Ron Harris
County Engineer ( X ) ERD ( ~ )
Michael Powley Karen Smith
Originating Dept. ( X )
Mark Satterlee
~ - ~ Planning and Development Services
~ Department
~
• ' ' ' Planning Division
MEMORANDUM
TO: Planning and Zoning Commission
THROUGH: Mark Satterlee AICP, Planning and Development Services Directo~
Kara Wood, Planning Manager ~1
'U
FROM: Jeffrey Johnson, Senior Planner
DATE: March 17, 2011
SUBJECT: ~.and Development Code Text Amendment - Florida Power and Light (FPL)
Company
ITEM NO. III-A
Backqround
Ftorida Power and Light (FPL) Company is requesting to amend the text of the St. Lucie County
Land Development Code (LDC) to include meteorological towers as permitted temporary
structures in the AG-5 (Agricultural - 5) zoning district.
FPL is currently assessing the suitability for wind turbines as a clean a~ternative energy source on
lands primarily tocated in the western agricultural areas of the County. The needs assessment
includes placement of temporary meteorological towers to gauge wind conditions that wilf assist in
determining site suitability and wind speed sufficiency for placement of wind turbines.
As proposed, the meteorological towers shall:
• Be permitted only on a temporary basis (not to exceed three years)
• Not exceed two hundred (200) feet in height
• Be setback a minimum of 110 percent of the tower height from all property lines
• Comply with applicable Florida Building Code requirements for construction and installation
• Be painted a neutral color to conform with the surrounding environment
• Not have any signage, flags, banners or advertising (with the exception of wildlife
monitoring equipment)
• Not have any other forms of communication devices or co-locations positioned
Access to any proposed meteorological tower site will be provided by an all weather surface
pursuant to the approval of the County Engineer. The tower and equipment (not to exceed 500
square feet in area) will be required to be enclosed within a minimum six foot high fence or wall for
security purposes. Landscaping will be provided in accordance with Chapter 7 requirements to
screen the ground equipment and vehicular use areas unless it is determined by the
Planning & Zoning Commission
FPL Amendment to LDC
March 17, 2011
Page 2 of 3
Environmental Resources Department Director that application of these regulations will not meet
the intent of the Code as a result of use, traffic patterns, drainage or other issues of configuration.
A surety shali be provided in a form and amount by the County Attorney to ensure removal of the
tower and equipment, and will be released once the removal is complete to the satisfaction of the
County.
Standards of Review (LDC, Section 11.06.03)
Section 11.06.03 of the LDC outlines the standards of review for text amendments. In reviewing
the application for a proposed amendment, the~Board of County Commissioners and the Planning
and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicab/e portions of the Code;
The proposed amendment is not in conflict with any applicable portions of the Land
Development Code.
8. Whether the proposed amendment is consistent with all elements of the St. Lucie County
Comprehensive Plan;
On September 8, 2009, the Board of County Commissioners adopted the St. Lucie County
Greenprint (see attached document). This document contains goals, strategies and actions for
achieving an economically, environmentally and socially sustainable community. More
specifically, one of the goals contained in this document supports energy conservation and
clean energy alternatives that result in a cleaner, healthier environment and higher quality of
life. The adoption of the St. Lucie County Greenprint is described in detail in the Conservation
ElemenYs data and analysis section of the Comprehensive Plan with specific goals.
The proposed amendment is consistent with the elements of the Comprehensive Plan. Policy
1.4.2.4 requires a review of Land Development Code to consider appropriate standards for use
of alternate, renewable sources of energy.
C. Whether and the extent to which the proposed amendment is inconsistent with existing and
proposed land uses
The temporary meteorological towers will be located on large tracts of land in the AG-5 zoning
district. The towers generate no noise, fumes or odors. It should be noted that current Land
Development Code requirements allow telecommunication towers (not to exceed 250 feet in
height) as a permitted use in the AG-5 zoning district.
D. Whether there have been changed conditions that require an amendment;
FPL is proposing to conduct wind studies in western St. Lucie County to determine if there is
sufficient wind speed to erect wind turbines. The wind studies require the temporary placement
of ineteorological towers to measure the wind speed and ambient weather conditions.
E. Whether and the extent to which the proposed amendment would result in demands on public
faci/ities, and whether or to the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited to transportation facilities, sewage
Planning & Zoning Commission ~
FPL Amendment to LDC
March 17, 2011
Page 3 of 3
facilities, water supply, parks, drainage, schools, solid waste, mass transit and emergency
medical facilities;
It is anticipated that the meteorological towers will have an insignificant impact on these facilities.
The structures are temporary, unoccupied and required minimal maintenance.
F. Whether and the extent to which the proposed amendment would result in significant adverse
impacts in the natural environment;
Meteorological towers will be selectively located on lands which will have no impact on the
natural environment. The Environmental Resources Department staff will review each tower
through the building permit process, to ensure avoidance and minimization criteria has been
met.
G. Whether and the extent to which the proposed amendment would adversely affect the property
values in the area;
The meteorological towers are not likely to have a negative impact on property values for the
reason they are temporary. The towers are setback 110 percent of the tower height from all
property lines and the ground equipment is required to be screened.
H. Whether and the extent to which the proposed amendment would result in an orderly and
logical development pattern, specifically identifying any negative effects on such pattern; and
The meteorological towers are temporary, therefore would not have any negative effects on
long term development patterns.
l. Whether the proposed amendment would be in conflict with the public interest, and is rn
harmony with the purpose and interest of the Code.
The proposed amendment does not conflict with any provisions in the Land Development
Code. With the consent of the subject property owner, FPL would enter into a lease for the
erection of a temporary meteorological tower.
Recommendation
Recommend adoption of a Land Development Code text amendment to include meteorological
towers as permitted temporary structures in the AG-5 (Agricultural - 5) zoning district [Ordinance
No. 11-012].
1 ORDINANCE NO. 11-012
2
3 Text Amendment to the Land Development Code
5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
6 LUCIE COUNTY, FLORIDA, TO AMEND THE TEXT OF THE LAND
~ DEVELOPMENT CODE TO INCLUDE METEOROLOGICAL TOWERS AS
s PERMITTED TEMPORARY STRUCTURES IN THE AG-5 (AGRICULTURAL
9- 5) ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR
Zo CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
Zi PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE
12 FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE
13 DATE; AND PROVIDING FOR ADOPTION.
14
i5 WHEREAS, the Board of County Commissioners has made the following
16 determinations:
17
Zs 1. The Board is authorized by Section 125.01(1)(h), Florida Statutes to
19 establish, coordinate and enforce zoning and such regulations as are
2o necessary for the protection of the public.
21
22 2. This Board is authorized by Section 125.01(1)(t), Florida Statutes to adopt
23 ordinances and resolutions necessary for the exercise of its powers and to
24 prescribe fines and penalties for the violations of ordinances in accordance
25 with law.
26
2~ 3. On August 1, 1990, the Board of County Commissioners of St. Lucie County
Zs Florida adopted the St. Lucie County Land Development Code.
29
30 4. On March 17, 2011, the Planning and Zoning Commission held a public
31 hearing on the proposed ordinance after publishing notice in the St. Lucie
32 News Tribune at least 10 days prior to the hearing and recommended that
33 the proposed ordinance be approved/denied.
34
35 5. On ~C~CX, 2011, the Board held its first public hearing on the proposed
36 ordinance, after publishing a notice of such hearing in the St. Lucie News
3~ Tribune on XXXXX, 2011.
38
39 6. On XXXXX, 2011, the Board held its second public hearing on the proposed
40 ordinance, after publishing a notice of such hearing in the St. Lucie News
41 Tribune on XXXXX, 2011.
42
43 7. The proposed amendment to the St. Lucie County Land Development Code
44 is consistent with the general purpose, goals, objectives and standards of
1 the St. Lucie County Comprehensive Plan and are in the best interest of the
2 health, safety and public welfare of the citizens of St. Lucie County, Florida.
3
4 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
5 St. Lucie County, Florida:
6
~ A. The specific amendment to the St. Lucie Coun~;<~l~and Development
s Code to read as follows in underline format•~.,
~;%~T
. - y:~,~~;`p
a; ~ .
9 ~ 4 ~fiw
10 ~~a .s
CHAPTER II DEFINITIONS
.~;:..y~.
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11
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i2 2.00.00 Definitions ~
z~a~,
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13 a; ? <%;
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14 Meteorolo ical Towers: a structure , 4.~~ istin of a tower fou tion tower
i5 e ui ment shelter u wires and a~ > ed in ''`ments an~ ui ment
. ~;s:,:,_. ~;,:y,::~_
16 measurin wind s eed an ~ mbient wea ~tions.
, 4,~:
, a~ _.y ,
~ ~ ~yf` ~
17 ~~;,s=~..
18 CHAPTER VIII ACCESSC~: TEMPO ~;~Y STRUCTURES AND
USES 3:~~~~
~s~~~:, z,
,;~,E,~
19 ~<.;<
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2 0 . ~'~~`s:~~.§~~.;x, `t,:
i 1 \.~F£,;..
Sk:~~ ~3~~y` ay vtX `:u~~"':;. ~ .
g.. Q:. ' '+~`.v c \~.r::.'
Zi 8.02.02 Parti~9~.~~~~ orary U~ ~:.an~,. ~~i~~7
~~`~v..: , ~J?i~ h:.{. "Q.~:•)',":~C,.?i`L,~, C
a.~.~,(~:
~;xo~, ~r~
22 r>~'~4<~ ,..~i:~;:~ :,:>.5., E'C~,"~~.:,`~
~ Z "'~~i~i<>:'~~.::
~ ~ .
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23 Permitted te~" Y ary us~~,y~hall incl ~
' . b, {~7.;.'_ ~ ~£k"~~.
2 4 ,,~az z. ~ ~:~a..;;
,Ai ~
`Z~ 4~~.
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25 M. :,Q~O ICa~`A~.~.:i~~~-~~`~. t t0 t~~
~ . fi •
~ .$'.b::e ~ : L~i .
2 6 s~~» • ~t.,, . >
~ ~Z'> >
~Z;,, .:~,.~.a
~e , . c .
2~ Meteor~~ al . installa >.~s for a tem ora eriod not to
i~ ~
Zs exceed th e~ ~~::~na be authorized b the Director of Plannin
29 ~~~'f nd Develo t Se x~,`°„" ~ within AG-5 zonin districfi
\~K~/v~ ' .'A ,S„' .
3~ ~ ~~:~'.v
31 2. < eteorolo I tower and e ui ment shelter not to exceed 500
32 s u et in - shall be enclosed within a minimum six 6 foot
33 hi h fe ~ V'~ ~ l~
~~A~
3 4
35 3. The meteoro~ogical tower shall not exceed two hundred (200) feet in
36 heiqht as measured from existing qrade and shall be_setback a
3~ minimum distance of 110% of the overall heiqht of the tower from all
3s property lines;
39
4 0 4. Meteoroloqical towers shall have galvanized, rust resistant steel finish
41 or be painted a neutral color which is non-reflective to conform with
42 the surroundinq environment and reduces visual obtrusiveness;
43
March 17, 2011 Ordinance No. 11-012
File No. TLDC 1020104148 Page 2
1 5. No meter meteoroloqical tower shall have any siqnaqe, flaqs, ~
a banners writing or decorative items that may be construed as
3 advertising;
4
5 6. There shall be no co-location of antennas or other forms of
6 telecommunication devices or apparatus placed upon the tower at
~ an ime~
.
8 h~~;~.
;
, .>;.\=y .
9 7. An FAA issued Determination of Non- shall be submitted with
lo the construction drawin s for a b'.' L~i'~"~~ s. :~mit. An com liance
11 conditions issued as a result of th d~~rmina ::.shall be addressed
~~Y;~'
12 within the construction drawin~~~~~:~
`
.
13
.
14 8. All construction drawin s sr~'~,f tted for a buildin ~~~~:mit shall be
*
15 SI ned and sealed b a Stat~~: . Florid ensed eM'• '<~er as a
.~k ~Fvi~. ~ .
,
16 com onent of the b-~i din ermit~ i ~t~'
~~3a~.~.. `~3.:°~ :~:;,r'
17 ~
a '~~a
ls 9. The meteorolo ical~z°~~``~`'z'°: e shall k~ . rmitted to install an all
19 weather surface to ~`~~~~~i~ ~~'~..~:..access'~~,:<:..the site and arkin
2o pursuant~ the approv~~;~ the`~~~v Enq`~~~~
r: ~ s~~,~----- >.,;3,•.. ~:~~y~~.
~ =a< ~=1,....~~c'~:. Z..:.~~~>
:>~~§~'~'~,~~,`fi";~ C=' x:.,,., w;~,.
21 ~ce a~ i~ ^ ; ~ ,F~ . ''Y`.=:~.
S~, ~ 1`~G.. ,°.,~.`\.~'C`~• ~~l;ia R;3:'~.'~zv>f;;,` Z~~`z \ .
22 10. Land in ; a ter b~~~~~'t:limited to standards for
~~::~....:a:
23 telec nicati "~~~~tower s' °~riin er ection 7.10.23 G and
24 vehiculai~~'`~ . are reenin `~Section 7.09.04 C will be re uired
~i
.
'
25 ~,.t~~:~~.~s it isj4 ~~~.>~#~he Er~~;~`:~nmental Resources De artment
C~n::y::.5
` ~ .tn ~ 'YV, ' u .
2 6 `"'.~~hat "~~.`~ation'd~ ' e r?`~`~~Ulations will not meet the intent of
~'~C
~~~~~4;:`~, ~4`
2~ this Co ~`~y;'~ a r~~ ~,of use atterns draina e or other issues
of confi ~1~"`"' ~on. ~n native ve etation ma be utilized to meet
2 8 .>t~N>i:;v,,
2 9 ~ ,
~`~~~,~"=>.landscapinq~uirem~~~~~
;
3 0 7,
<:<4a,; ~:.;N;~~. ,
~
~:w~~::.
~
31 11. V~"~, ~ locatin ~teoroloqical towers reasonable efforts shall be
~~---g
32 ma~~~~`avoid ~~~I minimize impacts to native veqetation;
. :
u~'~"'~•
3 3 ,;t
34 12. Avian, b~~~~~;;4;~vt:~~niildlife monitorinq equipment shall be ermitted to be
35 located upo~i'~the tower and equipment shelter; and
36
3~ 13. The operator or owner of the meteorological tower and equipment
3a shelter shall provide suretv in the form and amount to be approved by
39 the County Attorney to ensure removal of the meteoroloqical tower
9 o and equipment The surety shall be provided to the Countv prior to
q1 the issuance of the buildinc~permit. Once the meteoroloqical tower
42 and equipment shelter have been removed from the site subiect to a
43 demolition permit the County shall release the suretv to the owner or
March 17, 2011 Ordinance No. 11-012
File No. TLDC 1020104148 Page 3
1 o~erator.
2 B. CONFLICTING PROVISIONS
3
4 Special acts of the Florida Legislature applicable only to unincorporated
5 areas of St. Lucie County, County Ordinances and County Resolutions, or
6 parts thereof, in conflict with this Ordinance are hereby superseded by this
~ Ordinance to the extent of such conflict.
s ,~k~.~'
l~ d~~~,.
~ y
9 C. SEVERABILITY R ~
~ ~ ~
_ ~ S~5'~'af`~ ,v.
10 ~.Y >
c:~~a.~~;=
li If any portion of this Ordinance is for ~ason or declared to be
Q :4' ,
12 unconstitutional, inoperative or voi <~h holding ';;~I not affect the
,~a.
13 remaining portions of this Ordinar~, f this Ordinanc ,c-~~.,,any provision
14 thereof shall be inapplicable to any qn, property, or circ~~~~.a, nces, such
.
15 holding shall not affect its applicabi~~k any .r~,~a~r person;~~:~erty or
~s.~k ~y`,~~~~3,~'~
16 circumstance. ~~`'~3"'y
3
~;5~<~ ~:._.~.~~,•~..h~~ .5~~-~ ~
yi ~~z~ 52<:
17 ~y.~,~ \z~~>
t
1s D. APPLICABILITY OF ORDI~
s~,: ~ `a~;~~;.
;r
ota-~;`
.Y :.:J:>::.
,.9 ~ ` ~~c'$~S~E:;~~Te . ~~i4`~t?;,n>:. ~ . .
•~.`.'1. tt\., .
ft ~ ~-"~<'zr;
2o This Ordinance be applic` 4.~~ in t~~ ~~corpt~~,~~~:~d area of St. Lucie
i5.., . aC_ \
;~~R.,2~~3~ ~~4~"
(a' Q. ~
.r~,~`.xn~~~ ~ ' h:._ .:~,,\:>.~'y..; ~ `
21 Count ,
y' °~;~;r~c~r ~a. x ~i:.~;:a::; , ~,.A~~~~~
2 2 s. .,,~:y.~:,~
c sy<~ a.~i3:, . Si.'~"F'~ r,>.'~3`:~\: t•.~`,~`~v~t~~y,
~ ~`C' 3.ayhy
~ "Fi;.l.. ~.a.
. l~A ~ Mivj`• 'vt():~i~
y;`~:. ~?~s'„~`h'.c>
~~z -.wr^~ .
23 E. FILING WITi~~~~EbEP~`~.~~TMENT~~~TATE
s~:
2 4 s;
z,~ c~~~;`~;... =5
. ~~'tt:~~~;.
25 Thx,~~v~~"~`°'~f'f~~ here ~y~~ it~~;~f~hwit o send a certified copy of this
; ~ 3~
ai G. ~ ~t, c•• i.~''•~ 1'7i.i
2 6 a~. ~~~i~~~~;~e B~ a; u of rtment of State, The Capitol,
.3z=t~. ,n x.. .
,
2~ ~ ahassee, ~ ~ > a, 3`° ~.~r4
, ~Z+
2 8
V,"l~
: ~z~3:..
~~~fa
29 F. EF TIVE DAT ri~
~ ~s4 ,
' ~
~
3 0
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~L^F'~'"~ 'fe i.
31 This ordit~ .':~e shalft effect upon filing with the Department of State.
32 z~Q;
~
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33 '~4~~; ~~~~:r~~r~
~ x
~ ,ti~~'
~~~A~~ r~~,.
3 4 K:
:
35
36
37
38
39
40
41
42
43
March 17, 2011 Ordinance No. 11-012
File No. TLDC 1020104148 Page 4
1
2 G. ADOPTION
3
4 After motion and second, the vote on this Ordinance was as follows:
5
6 Chris Craft, Chairman XXX
~
Chris Dzadovsk Vice Chairman V~~~~^
8
y+ ~ x`,a,
.~~~~w
9 ;:~`tia rc
a~.
1o Paula A. Lewis, Commissioner ,~;~\~~~"~*.~t;
11 ~ ~x<.~~,,,
,F,;.
12 Frannie Hutchinson, Commiss~~€~~'' XXX ~~t"<'
, ~r~~=
13
14 Tod Mowery, Commissioner
~:i:~, XXX ~~`~~a':<:~.:,
. ~
~
~ :
15 > 4::
~ ~~>4~ >:Z~~
i ' ;Z:~~~`:1:..
16 PASSED AND DULY ADOPTED ,T.ris XXX dajit~~~. 2011.
. „'.L~ . ~ :\i:,.\ <~t~je`~ ~
t:... ~ s'.a.. :,a~t'
17 ~z::.., ~
~ nK
18 ,
:.>'?~i3"s~..3%<: ~~~k
u"Y: '~.~':~ac` ~a~:~:._
.t~. o C3 ~ ~-t
~i.
19 ~~~~4 ~~}.~;r~:Q OF C'~ya~~;~TY COMMISSIONERS
: , ~
20 ~~;~A;ST. ~~;~.CO 'N~;~.(, FLORIDA
. ;..~s _
,c..;6 ~;;:P~
.:~v.;'w>~:`"~~~?~;: .'i`~, <}:iti fiG : . p~~~o_>.,,
21
`,.,{,:\€.,o:i~.r `\;?:,vF~S\z t~~~`~:s>:: Z~r:;l.,`Z,`oya .~,~:~fiV,.,."\~::. ~
22 > `'~:>:;a:~c ~'~..~'<'',<a c~~~`;:• <z~cj~:~;:
`a~;; b' '~a~ ~ :.Fa..::,o
.t9,, k;„.,.
'::1:~~\3~ . ~<3::; ~:`~'t~~,S`,RO~"°.
::.~4 `;.:_.s:o;
23 ''+~*~~a\ :::':t~c 'S`.....;.;
`+'~~~`:hH .
24 B~'i~~`x:,,,
c~:~~ ,`~~4,
, - ; Chairman
2 5 >:;~'~~x?~z:`~~<~.r~ •-~w;..=::~~ <.;\;?t>;:::~~=::;,~ `'EI;
:?,+..D'~~~.;v:ur~:C~:r~k: ~a~.~:~~~.~~:>" .~:'~~`c`>
aF ~ o ~ ~:3
~ae
~v ~~€.:s,~ . > ~
2 6 .~E~;:=~~~~. , ~~;Z
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fr~~a.k;n. ~
2 7 ,
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2 8 '''^~~~'4,<<.
~
`~;:~~ss~; ~<:~"~r
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29 ~~.~fr_,, ,ry4`~,
ATTEST.'` ~
~ ~
APPROVED AS TO FORM AND
30 ~x~;~, ~ CORRECTNESS:
G . 4,....~ ~2. .
31 ,~;t~ F.
` X
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3 2
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3 3 ~ ,.r:.. ~
f~{~;
4\?~h~3i,f~~~'+h~,~
34 ~ c:~':~{~%"~
35 Deputy Clerk County Attorney
36
37
38
39
40
41
March 17, 2011 Ordinance No. 11-012
File No. TLDC 1020104148 Page 5
~ ~~~~~~~a ~ ~
y~~t'~'~~~rr~'~ .~'~k~+'~~.r~ys~~
~"~~~~~~~t~f~'~r~u~a'~u§ v:~ .
~R,~ `e~hy ~~i8 bf'~ ~ ~ ~~~w'~y Environmental
~ Resources Department
x ~ . .
'.,.^F
.~'..~m.&~.'~5~.~.3w~AwY.%Ek:iP':' . ~?.an"fl}1Yeti.:~an . - . ~
_ Companion Report
TO: Planning & Zoning Commission
THROUGH: Karen Smith, Environmental Resources Department Director~~
FROM: Jennifer Evans, Senior Environmental Planner
Amy Griffin, Environmental Regulations and Lands Manager
DATE: February 16, 2011
SUBJECT: FPL Meteorological Tower Land Development Code Text
Amendment TLDC 1020104148
Backaround
The Planning & Development Services Department requested Environmental Resources
Department (ERD) input on the proposed Planned Non-Residential Development.
Findinqs
ERD findings are presented in the ERD Final Report, which has been included in the
agenda packet.
Recommendations
ERD supports approval of Planned Non-Residential Development.
_ '*'Y%
ignature
~ , t
~ ATTACHMENT B
~ St. Lucie County Greenprint
Creating a Roadmap to Susta+nability
1A itttroduction
Sustainability is not a new term. In recent years, it has become a common buuword used in a wide array
of forurris, meaning everything from total self-reliance to better use of existing commodities. For the
purpose of this document, "sustainatiility" is defined as "meeting the current environmental, social, and
ecnnomic needs of a community without compromising the ability of future generations to meet these
needs:' The ultimate goal of adapting sustainable practices is to imps-ove the quality of life and pass on
a world that is better for future generations.
The concept of sustainability is often illustrated as a three legged stool, with each leg representing a
critical element - social equity (peoplej, economic health (prosperityj, and environmental stewardship
(ptanet). Collectively, these eiements are ihe foundation of sustainability and all three must be
addressed to have a truly sustainable community.
St. Lucie Count~s vision of a sustainable community is one that conserves, protects and restores natural
~ resources, implements sustainable development and building standards, improves community
transportation and mobility, supports energy ~onservation and clean energy alternatives, develops a
green economy, promotes sustainable communities and social equity, and strengthens green
government policies and practices.
The Greenprint articulates St. Lucie County's vision of sustainability into a plan with clearly defined
goals; strategies and actions. The plan is +ntended to be used as an adaptable guide for future decisions
and will be updated as conditions warrant.
As a local government, the County plays a crucial role in shaping the future; however, broader
communiiy invo{vement and partnerships are required to create a sustainable community. TFierefore,
the County will form partnerships with other government agencies, educational institutes, businesses,
and citizens to make a lasting difference that moves St. Lucie Counry toward the goa) of a sustainable,
renewable community.
2.0 Leadership and Accomplishments to Date
St. Lucie County has been a leader in the region for sustainable development for over fifteen years as a
resu4t of sErang leadership and citizer? support. 4n 1994, 67% of the Count~s citizens passed a bon~
referendum to acquire and manage environmentally significant lands. Since that time over 7,000 acres
have been purchased and managed to preserve, protect and/or restore native habitats and species.
1
St. Lucie County Greenprint
, , -
In 1995, the St. Lucie County Economic Development Base Study was completed and a subsequent
visioning process resulted in a"Vision St. Lucie" document. The visioning process was a joint effort of
government, business and locat residents that charted a course for sustaineble economic development.
The synergy between the education, business and public sectors continues to flourish today.
The County has implemented a variety of sustainable land use programs and policies. The 2002 upda.te
of the County's Compretiensive Plan incorporated smart growth policies and an economic element to
promote a sustainable tax base while protecting against loss of open space and natural systems. More
recently, the board implemented a specific model of sustainable development in the North County area,
called Towns, Viltages and Countrysides (NC). The process included numerous public meetings and
resulted in criteria consistent with smart growth and sustainable development, including transect-based
neighborhood planning with grid transportation networks, interconnected greenways and blueways,
and 1ow impact development standards. The NC regulations were approved by the Board of County
Commissioners in May 2006.
The Baard created the Smart Grawth Coi~?mittee and Environmenta4 Advisory Committee to recommend
changes .to the County's Comprehensive Plan and Land Development Codes consistent with smart
growth principles and environmental protection. Over the last few years, these committees ha ve
reviewed and made recommendatibns that foster sustainable practices on a variety of revisions to St.
Lucie County's policies and regulations.
In 2006, the Board of County Commissioners created an Environmental Resources Department and
passed the SustainabiJity Resolution (06-272), establishing sustainability as a primary goal of the County.
The Board also created the Sustainability Ad Hoc Committee, made up of citizens, and government and
business representatives; to make policy recommendations on sustainabte practices. The Suscainability
Advisory Committee reviewed and approved the St. Lucie County Greenprint document.
St. Lucie County became the catatyst for sustainability by hosting the Treasure Coast Green Conference
in 2007 and 2008. The conference brought together representatives from a six-county area including
the development community, state and local government entities, business leaders, and key
stakeholders.
In January 2008, the Board directed staff to obtaia Green local Government certificatton through the
Florida Green 8uiliiing Coalition (FGBC). This required a review of operational practices and policies
within tlie County in addition to Comprehensive Plan policies and Land Development Code regulations.
The County is currently preparing its application to be submitted to FGBC in September of this year.
St. Lucie County adopted a Bicycle; Pedestrian, Greenways & Trails Master Plan in 2008 to develop
alternative transportation systems and walkable, people-friendly communities. The County also
completed the Evaluation and Appraisal Report, an 18-month evaluation of the Comprehensive Plan,
which .included numerous recommendations to strengthen the Couniy's regulations in support of
sustainable develvpment and resource protection. In addition, the land Deveiopment Code was
updated to provide more stringent protection of native trees and other vegetation. 7he County is
2
St. Lucie County Greenprint
, _ . _ . . . .
currently commissioning a comprehensive study of wetlands to further protect and improve wettand
i functions.
Since 2008, the County has been working with the agricultural industry, landowners, and the public to
identify strategies to preserve prime agricultural lands. A study is currently underway to develop a long-
term strategy for enhancing agriculture and preserving habitat in westera St. lucie Caunty, inc4udir?g a
transfer of~development rights program.
Another outstanding example of the Board's vision for sustainabili .ty is the Treasure Coast Research
Park. Situated on 1,650 acres, it is ane of the largest research parks in the nation. The park is dedicated
to aiding in the economic development of the Treasure Coast by supporting industries invested in
innovation and commercialization of scientific research, with a special emphasis on "clean" alternative
energies and agricultural bioseiences. A neighborhood charrette process is also being initiated to identify
land uses and transportation networks needed to support the Research Park.
St. lucie County Government has incorporated sustainability by using industry approved green building
standards in new constructian. In 2008, the Havert t. Fenn Center was buitit to U.S. Green Bailding
Council (USGBC) standards. This 62,575 square foot facility serves as a community center throughout
the year but is specifically built and equipped to provide shelter from hurricanes for citizens with special
needs. 1n atldition, the new 57,DOfl square foot Cterk of Courts building was constructed io USGBC
standards and includes a single-ply membrane roof, movable walls, low flow plumbing fixtures, and
raised flooring for higher air conditioning efficiency.
Tlie Board created tFie Office of SuStainability and Business Qevelopment in 2009 to assist with county-
wide sustainabiliYy initiatives, energy conservation strategies, and climate protection program
devetopment. The Sustainabitity{Business Devetopmer?t Coordinator is also responsible for coordinating
energy and green technologies with local business, gree~ collar initiatives, and job growth incentives.
Finally, in the face of significant stress on its economic foundatian and the resulting negetive impact on
the Count~s communities and citizens, the Board initiated its own local economic stimulus program.
The program is projected to create more than 500 jobs for the loca) econorny.
3A Goals, Strate~ies, and Actions
GOAL I: CONSERVE, PROTECT AND RESTORE NATURAL RESOURCES
GOAL II: IMPLEMENT $USTAlNABLE DEVELOPMENTAND Bl}ILDING STANDARDS
Gon~ iii: 1MPROVE COMMUNITYTRANSPORTATiON AND M081LITY
GOAL IV: SUPPORT ENERGY CONSERVATION AND CLEAN ENERGY ALl'ERNATIVES
GOAL V: DEVELOP A SUSTAINABLE GREEN ECONOMY
GOALVI: PROMOTE SUSTAINABLE COMMUNITIES AND SOCIAL EQUITY
GOAL VII: STRENGTHEN GREEN GOVERNMENT POLlClES AND PRQCTICES
3
St. Lucie County Greenprint
, , .
GOAL 17 CONSERVE, PROTECT AND RESTORE NATURAL RESOURCES
Strategies:
~ 1. Continue to ariiend the Coinprehensive Plan and land Development Code to adopt and/or
strengthen policies, regulations, and practices to improve air and water quality, conserve water,
energy and otFier natural resources, protect native species and habitats, and improve ecosystem
functions.
2.. Gontinue to support implementation and funding of federal and state environmental conservation
and resto`ration projects, iacludiag, but not limited to the Comprehehsive Everglades ttestoration
Plan, Indian Rive'r Lagoon Soutli Plan, Indian River lagoon Aquatic Preserve, Indian River Lagoon
Camprehensive :C~nservation and Management Plan, Lake Okeechobee and St. Lucie Estuary
Watershed Protection Pta~s, North Fork St. tucie Aquatic Preserve Management Plan; and Coastal
~ Zone protection projects.
3. Protect, presenre and.restore sensitive ecosystems and habitats by investigatiag the feasibility of a
Regional Habitat Conservation Plan with the Ftorida Fish and Wildlife Conservation Commission and
surrounding Counties.
4. Continue to acquire, preserve, protect and restore environmentally sensitive lands,
5. Promote waste reduction and explore ways to:
a. support the State of Florida's goal to recycle 753'0 of waste by 2020;
6. reduce or offset greenhouse gas emissions from the landfll;
c. reduce commercial and residential waste;
d. make recycling easier and more efficient for all residents and businesses;
e. facilitate safe disposal of hazardous materials by businesses and residents;
f. explore alternative methods of waste disposal and storage; and
g. conduct a public education campaign to encourage higher participation in recycling and
proper disposal of hazardous inateriats.
6. Improve water quality, manage water quantity, and protect Qotable water sources by:
a, promoting reuse water for landscape irrigation where available;
b. exploring the use of pervious surfaces as an alternative to impervious surfaces;
c. supporting programs that eliminate reliance on wells and septic systems near water bodies;
and
d. supporting "green" golf course standards.
7. Improve air quality by:
a. investigating ways to reduce air pollution from County facilities and vehicles;
b. supporting tree planting and preservation initiatives; and
c. supporting green businesses that meet or exceed air quality standards.
4
St. Lucie County Greenprint
, ,
GOAL II: IMPLEMENT SUSTAINABLE DEVELOPMENT AND COMMUNITY STANDARDS
Strategies•.
1. Continue to amend the Camprehensive Plan and land Development Code such that each element
reflects a goat of sustainable devetopment, removes impediments ta sustainabte practices, and
includes recommendations ftom the Regional Strategic Policy Plan and fhe Committee for a
Sustainable Treasure Coast Report.
2. Encourage and support Green Building and Development Standards by:
a. recognizing the U.S. Green Building Council ~USGBC} leadership in Energy Efficient Design
(LEED), Florida Green Building Coalition (FGBC), and Nationai Association of Home Builders'
(NAHB) as "green" sta~ndards within St. Lucie County;
b. implementing green development and building standards, as feasible;
c. encouraging the incorporation of green building technology in housing; and
d. ~ encauraging Brown~etd redevelopment and urhan infill prajects.
3. Continue to explore the use of innovative sustainable land ptanning toots which discourage u~baa
sprawl, protect native habitat, utilize alternative transpartation approaches, and create open space
parks.
4. Support state efforts to revise the building code and/or energy code to require greater efficiencies.
GOAt 111: IMPROVE CAMI1RUNtTY TRANS40RTAT10Pi APID MOStt{TY
Strategies:
1. Support the expansion of public transportation, mass transit and multimodal transportation centers
by:
a. consiiiering amendments to the Comprehensive Plan and Land Development Code to
strengthen goals and regulations and remove impediments;
b. exploring the potential to ~enhance the "Transportation Demand ManagemenY' program;
c. encouraging neighborhood design that provides access and mobility needs of the young, the
elderly, people with disaliilities, and low-incame residents;
d. encouraging innovative approaches to meet transportation needs associated with accessing
jobs, educational services, and health care;
e. exploring street design standards such as "Street Qesign Guidelines for Healthy
Neighborhoods" as descr'ibed by Walkable Communities Inc.;
f. increasing the number of sidewalks, bicycle trails, multi-use trails, and on-road bicycle tanes
to encourage alternative forms of mobility and reduce vehicles on the ~oad; and
g. supporting the expansion of public transportation systems on a regional and statewide
basis.
5
St. Lucie County Greenprint
I
GOAL IV: SUPPORT ENERGY CONSERVATION AND CLEAN ENERGY ALTERNATIVfS
Strategies:
~ 1. Audit and implement, as feasible, strategies to reduce energy consumption in County facilities.
2. ~Evaluate the impiementation of salar purchase partnership agreements, performance contracting,
shared savings, and si~iilar prograrrs to reduce the County's energy costs.
3. Expiore opportunities to provide incentives or creative financing programs that result in increased
energy efficienty and/or use of atternative energy in residential homes aad commercial buildings.
4. Incorporate energy conservation and green technology into affordabte housing programs.
5. Encourage the State ~ legislature to implement a Renewable Energy Portfolio Standard and
Renewab{e Energy ~redit program.
6. Support research, development and production of alternative fuel sources (biomass) in the County.
GOAL V: DEVELOP A SUSTAiNABLE GREEN ECONOMY
Strategtes:
1. Encourage local businesses and industries to adopt sustainabie standards and practices by:
a. promoting expansion and diversification of sustainable or green businesses and industries,
as appropriate; and
b. supporting the implementation of agricultural best management practices, certified organic
production methods, and agricultural biosciences.
2. Defiine sustainable businesses and industries to be targeted for economic incentives;
3. Consider the Comprehensive Economic Development Strategy (CEDS) of the Treasure Coast Regional
Planning Council and partner with the economic development efforts of surrounding or adjacent
cities and counties, as feasible.
4. Suppoct the creatiori of trairiirig apporturiities in greer? collar jobs, including apprenticeship and pre-
apprenticeship programs.
5. Continue to support the development of the Treasure Coast Research Pa~k with a focus on research,
development, and manufacturing of green technology and clean industries.
GOAL VI: PROMO'fE St35iA{NA9LE COMMUNiTfES AND SOC1A1 EQUITY
Strategies:
6
St. lucie County Greenprint
1. Continue and enhance efforts to coordinate sustainability initiatives with surrounding counties and
CItIES. .
2. Support mechanisms to encourage the redevelopment and revitalization of disadvantaged
neighborhoods and underutilized commercial districts.
~
3. Continue programs which fund rehabilitation or reconstruction of poor quality housing.
4. Monitor the availability of affordable housing units, workforce housing, and rehabilitation of
substandard housing using sustainable building methods and practices.
5. Continue efforts to demolish dangerous structures in neighborhoods.
6. Continue sustainabilit~ education that increases knowledge and raises community awareness and
involvement by:
a. promoting or providing educational programs on alternative energy and energy .
conservation, water conservation, low impact landscapes, green building and green
development, recycling and waste reduction, and environmentally preferred purchasing;
and
b, expanding networks and partnerships to enhance opportunities for community education
and involvement in sustainable practices.
7. Support programs that help residents connect to "green living" by:
a. encouraging the establishment of community gardens, community supported agriculture,
local Farmers' Markets, and farm-to-school programs;
b. facilitating appropriate public access to natural areas; and
c. providing public information about County parks, preserves, and program opportus?ities.
8. Enhance~community connections and involvement by:
a. promoting volunteer opportunities;
b. encouraging community-initiated events and programs; and
c. expanding the broadcast area of St. Lucie County N.
GOAL VII: STRENGTHEN GREEN GOVERNMENT POLICIES AND PRACTICES
Strategies:
1. Commit to incorporating USGBC and/or FGBC green standards in all County building projects to the
extent feasible.
2. Adopt Environmentally Preferred Purchasing {EPP) policies and include language in contracts to
support this policy, to the extent feasible.
7
: St. Lucie County Greenprint
3. lhcorporate green cleaning and g~een maintenance standards; such as those described by the
Florida Departrinent of Environmentai Protection, as Coanty policy and include language in cleaning
contracts, to~the extent feasible.
4. incorporate Fiorida-Friendly LandscapingT"° principles, Best Management Practices (BMP), and
Integrated Pest Management methodologies, or similarfgreater standards for ail County-owned and
maintained properties, ensuring appropriate staff is frained, and includirig indicative language in
laniiscape maintenance contracts to support this policy.
5. Promote or provide educational opportunities to County employees and elerted officials on
sustainable planning, economics, and operations.
6. Reduce and monitor St. lucie County waste by:
a. establishing policies and practices, such as duplex printer procurement and double-sided
printing;
b. exp{oring a policy for green event practices for county meetings, workshops anci events, to
the extent feasible; and
c. requiring all County facilities have a recycling program in place. .
8
St. Lucie County Greenprint
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ST. LUCiE COt~l~TY
PIANNING AND ZONING COMMlSSiON
PU~LIC HEARING AGENDA
NIARCH 17, 2~11
NOTICE OFTHE PROPOSEDTEXT AMENDMENTTOTHE ST. LUCIE
COUNTY LAND DEVELOPMENT CODE
The St. Lucie County Pianning and Zoning Gommission is
scheduled to review and make recommendatioes regarding the
following item petitioned by the County for adoption by the
Board of County Commissioners of SY. Lucie County, Florida, by
Ordinance.
DATEANDTIME: Thursday, March 17, 2011 at 6:00 P.M.
PlACE: County Commission Chambers,
St. Lucie County Administration Building,
Roger Poitras Annex, 2300 Virginia Avenue,
Fort Pierce, Florida
APPLICANT: Florida Power and Light (EPL) Company
PURFOSE: An amendment to the St. Lucie County Land
Development Code to include meteorological
towers as permitted temporary
structures in the AG - 5, Agricultural -
5 zoning district.
OFiDtIVANCE 1~.11-012
AN QRDINANCE QFTHE BOARQ OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA TO APPROVE AMENDING
THE TEXT OF THE IAND DEVELOPMENT CODE TO INCLUDE
METEOROLOGICAL TOWERS AS PERMITTED TEMPOftARY
S7RUCTURES tN THE AG-5, AGRICULTURAL - 5 ZONlNG
DISTRICT• PROVIDIN~ FINDINGS; PROVIDING FOR CQNFLICTfNG
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA
DEPARTMENT OF STATE; PROVIDING FOR AN EfFECTIVE DATE;
' AND PROVIDING FORADOPTION.
All interested parties wil! be given an opportunity to be heard.
Written comments received in advance of the public hearing will
also be considered. Written comments concerning this petition
should be received by the Planning and Development Services
Department, Planning Division, at least three (3) days prior to the
scheduled hearing. The petition file is available for review at the
Planning Division offices iocated at 230Q Virginia Avenue, 2nd
floor, Fort Pierce, Florida, 34982, during regular business hours.
Please call 772/462-2822 orTDD 7721462-1428 rf you have questions
or require additional information.
The St. Lucie County Planning and Zoning Commission has the
power to review and make recommendations of approval or denial
to the Board of County Commissioners within the jurisdictiona!
boundaries of unincorporated St. Lucie County.
The proceedings of the Planning and Zoning Board are
electronically recorded. PURSUANT TO Section 286.010~
florida Statutes. if a person decides to appeal a decision made by
the Planning and Zoning Commission wirth respect to any matter
considered at a meeting or hearing, he or she will need a record
of the proceedings. For suc.h purpose, he or she may need to
ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal
is to be based. Upo~~ the request of any party to the proceeding,
individuals testifying during a hearing will be swom in, Any party
to the proceeding will be granted an opportunity to cross-examine
any individual testifying during a hearing upon request.
If it becomes necessary, a public hearing may be continued from
time to time as may be necessary to a date eertain.
Anyone wirth a disability requiring accommodation to attend
this meeting shoutd contact the St. Lucie County Community
Risk Manager at least forty-eight (48) hours prior to the meeting
at ~772)462-1546 orT.D.D. 772/462-1428. Any questions abouf ihis
agenda may be referred to St. Lucie County Planning Division
at (772) 462-2822,
PLANNWG AND ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
/S/ CRAIG MUNDT, CHAIRMAN
PUBLISH DATE: February 28, 201'f
Florida - Annual Average Wind Speed at 80 m
86° 84° 82° 80°
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LLC for windNavigator0. Web: http://navigator.awstruewind.com ~ AWS Truewi nd
www.awstruewind.com. Spatial resolution of wind resource ~ NaYional Renewable
data: 2.5 km. Projection: UTM Zone 17 WGS84. Energy Laboratory
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home » rerl » rp ojects » mettower » RERL - Met Tower
h.
• t Meteorological towers
~
Meteorological towers (met towers) are the most common means for measuring the wind speed a
direction at a site. A met tower is a tall, tubular steel tower. RERL generally installs 40 m or 50
towers, with tower diameters of approximately 6-8 inches. These towers are secured via four sets of g
wires, which connect from the tower at several heights to four sets of anchors on the ground. The wi
speed and direction are measured using anemometers for the wind speed, and wind vanes for 1
~ direction. These sensors are usually positioned at two or three heights on the tower, with t
anemometers at each height, and one vane. At each height, approximately six-foot long booms <
attached to the tower extending horizontally. The wind monitoring sensors are secured to the end of 1
booms. Thus, there are usually three booms at each height, and the booms for the anemometers ~
' positioned in opposite directions. By positioning the sensors away from the tower, the effects of 1
tower wake are reduced. The sensors usually produce data that gives the average wind speed and wi
direction over 10-minute intervals. These data are recorded and stored by a logger box at the bottom
the tower, which is connected to the sensors via sensor cable.
~ The Renewable Energy Research Laboratory has installed numerous met towers in and arou
Massachusetts. These met towers are sold by NRG systems and by SecondWind. Much of the resoui
data is public domain and can be downloaded directly from this website.
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Page last updated
02/21/2003
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October 5, 2010
VIA HAND DELIVERY
Jeff Johnson
Senior Planner
Planning & Development Seivices
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982
RE: Florida Power & Light Company
Proposed Text Amendment
Dear Jeff:
Florida Power & Light Company is pleased to submit to St. Lucie County a
proposed text amendment to the Land Development Code to allow Meteorological
Towers. Also enclosed is the filing fee of $2,700.00. Upon review of the application
and support materials, please let me know if any additional information is required.
Florida Power & Light looks forward to working with St. Lucie County on the
proposed text amendment.
S' ce y
Mi lar
Land Planner
Florida Power & Light Company
C~. ~ 201J
ar~ FP~. ~~o~ap compa~y
= ST. LUCIE COUNTY
~ ~ ~ ~x-~ ~i
~ ~ Planning ~ Development Services Deparfiment
~ ~ Planning Division
0 0
h~ _ 2300 Virginia Avenue, Ft. Pierce, FL 34982
` Office: 772-462-2822 - Fax: 772-462-1581
http://www.stlucieco.org/planning/plannin_
.q htm
DEVELOPII~ENT APPLICATIORI
Prior to submittal, all applications require a pre-application conference.
Please contact the Planning Division to schedule an appointment.
Submittal Tvpe ~check each that appliesl
Site Plan Rezoninq 3
? Major Site Plan ? Rezoning (straight rezoning)
? Minor Site Plan ? Rezoning (includes PUD/PNRD/PMUD)
? Major Adjustment to Major Site Plan ? Rezoning with Plan Amendment
? Major Adjustment to Minor S.ite Plan Comprehensive Plan Arriendrnent 4
? Major Adjustment to PUD/PNRD/PMUD ? Future Land Use Map Change
? Minor Adjustment to Major Site Plan ? Comprehensive Plan Text Amendment
? Minor Adjustment to Minor Site Plan Other
? Minor Adjustment to PUD/PNRD/PMUD ? Administrative Relief
Planned Developmen4 ? Class A Mobile Home 5
o Planned Town or Village (PTV) ? Developer Agreement (Submit per LDC
? Planned Country Subdivision (PCS) 11.08.03)
? Planned Retail Workplace (PRW) ? Power Generation Plants
? Prelim. Planned Unit Develop. (PUD) ? Extension to Development Order
? Prelim. Planned Mixed Use Develop. (PMUD) ? Historical Designation/Change s
? Prelim. Planned Non-Res. Develop. (PNRD) ~ Land Development Code Text Amendment'
? Final Planned Unit Develop. (PUD) ? Plat
? Final Planned Mixed Use Develop. (PMUD) ? Post Development Order Change
? Final Planned Non-Res. Develop: (PNRD) ? Re-Submittal ~ $
Condifional Use ~ ? Shoreline Variance
? Conditional Use o Stewardships - Sending/Receiving
? Major Adjustment to a Conditional Use o Telecom Tower (Submit per LDC 7.10.23)
? Minor Adjusfinent to a Conditional Use ? Transfer of Development Rights
Variance 2 ? Waiver to LDC/Comp. Plan Requirements 9
? Administrative Variance ? Appeal of Decision by Administrative Official'o
? Variance
? Variance to Coastal Setback Line
Application Supplement Packages
1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan
2. Variance 6. Historical Designation/Change Requirements
3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by
4. Comp. Plan Amendments 8. Re- Submittal Administrative Official
Refer to Fee Schedule for applicable fees.
All required materials must be included at the time of submittal along with the
appropriate non-refundable fee(s).
~ - - ^
Page 1 of 6 i~~~~
Revised June 21, 2010
FEE CALCULATION WORKSHEET ~
SITE DEVELOPMENl' PLANS - Planning Division
Application Type: Text Amendment to LDC
Supplemental Application Package No.: 7
(Please provide separate fee calculation worksheet for each application type)
? BASE.REVIEW FEE: $ 2,700 (A)
o CONCURRENCY FEE: ~ $ (B)
? ERD REVIEW FEE: $ ~C)
o PER ACREAGE CHARGE: $
o RESUBMITTAL FEE: (if applicable) $ (E)
? OTHER ~
SU~TOTAL OF BASIC FEES: ~ 2,700
? PRE-APPLICATION MEETING FEE: (F) N/A ) deduction
Receipt No. of Payment:
Date of Pre App:
BALANCE OF FEES DUE: $ 2,700
SEPARATE CHECK FOR TRAFFIC IMPACT STUDY - Ordinance No. 06-047; amending Chapter 5.11.01 of
the St. Lucie County Land Development Code
? $950.00 - Methodology Meeting (G) (If Applicable)
o Additional fees will be due if a 3`d party traffic study review is needed. These services will be invoiced to
applicant upon receipfi of quote of services from 3~d party.
o Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning
Division. Refer to "Public Procedures". ~
~ Other fees may be applicable by other external reviewing 'es; ie. F' e istrict nd proof of payment
will be required prior to project approval. Pre-Application M e'n Reque -
Chuck Millar for FPL o r~~~~
Applicant Name (Printed) Signature of plicant
INTAKE REVIEWER - SIGNATURE DATE
VERIFIED BY - SIGNATURE DATE -
File Number: Receipt Number: ~
(For office use only)
Page 2 of 6
Revised September 30, 2010
• Proiect Information
Project Name: Proposed Text Amendment to LDC for Meteoroloaical Towers
Site address: Countvwide in all AG-2 5& AG-5 zoninq districts
Parcel ID Number(s):
Countvwide in all AG-2 5& AG-5 zoninq districts
Legal Description: (Attach additional sheets if necessary - also must be provided in MS Word format on CD)
Count~wide in all AG-2 5& AG-5 zoninq districts
Property location - Section/Township/Range: Countvwide in all AG-2 5& AG-5 zoninq districts
Property size - acres: N/A Square footage: N/A
Future Land Use Designation: Aqricultural
Zoning District: Countvwide in all AG-2 5& AG-5 zoninq districts
Description of project:
Proposed Text Amendment to the LDC to allow Meteorological Towers within the AG-2.5 &
AG-5 zoning districts.
(Attach additional sheets if necessary)
Type of construction (check all applicable boxes): Not Applicable
? CommercialTotal Square Footage: Existing N/A Proposed: N/A
? Industrial Total Square Footage: Existing N/A Proposed: N/A
? Residential No. of residential units: Existing N/A Proposed: N/A
No. of subdivided lots: Existing N/A Proposed: N/A
? Other Please specify: N/A
Number and size of out parcels (if applicable): N/A
Page 4 of 6
Revised October 5, 2010
SPECIAL NOTICE ,
(PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW)
Submission of this application does not constitute the granting of approval. All appropriate requirements must
be met prior to this project being presented for approval to tfie appropriate authority. St. Lucie County reserves
the right to request additional information to ensure a complete review of this project.
ACKNOWLEDGMENTS
Applicant Information : Aqent Information:
Business Name: Florida Power & Liqht Business Name: N/A
Name: Chuck Millar Name:
Address: 700 Universe Blvd. LAW/JB Address:
Hobe Sound, FL 33408
(Please use an address that can accept overnight (Please use an address that can accept overnight
packages) packages)
Phone: 561-304-5668 Phone:
Fax: 561-691-7778 Fax:
Email: charles.millarna fpl.com Email:
Please note: both applicant and agent will receive all official correspondence on this project.
Property Owner Information
This application and any application supplement will not be considered complete without the notarized
signature of all propertv owners of record, which shall serve as an acknowledgment of the submittal of this
application for ap The property owner's signature below shall also serve as authorization for the above
applicant or a nt to a behal of said property owner.
( p-`~ 0~ Chuck Millar for FPL
Applicant ignature Applicant Name (Printed)
Mailing Address: Phone: 561-304-5668
If more than one owner, please submit additional
pages
STATE OF FLORIDA, COUNTY OF PALM BEACH:
The foregoing instrument was acknowledged before me this ~ day of G'vC.~'•? , 2010
by (il~, ~,'~(G~ who
i,_ s personall~n to me or who has produced
as identification.
~~~Z:.zG~ ~ ( ~ ~
Signature of Notary Type or Print Name of Notary
~~~p~b~
te~te
of Fk~ride
Y,~ Nor~~y om.mission Number (Seal)
sver y e ~
~ ~ My Commia5ion OD5A9167
~oFa~ Expiresl0??B+2t"~
Page 5 of 6
Revised September 30, 2010
. Supplement 7
LDC Text Amendment Application Supplement
Refer to L.D.C. Section 11.06.00 for further details
1. If you are requesfiing an amendment to the text of the St. Lucie County Land
Development Code, the precise wording of any proposed amendment to the text shall
be provided:
See attached Exhibit "A".
2. Please give a statement describing any changed conditions that would justify an
amendment:
FPL is ~roposinq to conduct wind studies in western St Lucie Countv to determine if
there is sufficient wind speed to erect wind turbines The wind studies require_ the
placement of temporarv Meteoroloqical Towers to measure the wind speed and ambient
weather conditions.
3. Please give a statement describing why there is a need for the proposed amendment:
St Lucie County is currently processinq Ordinance 10-034 which will allow for the
~lacement of solar energy facilities throuqhout the Countv The Countv's "Greenprint
Plan" adopted bY the Board of County Commissioners on September 8 2009, require
the County to encouraqe the use of renewable enerqv The proposed text amendment
would determine if there is sufficient wind speed to erect wind turbines which would
further the qoals of the County's "Greenprint Plan."
4. Please give a statement describing whether and how the proposed amendment
conforms to the St. Lucie County Comprehensive Plan:
On September 8 2009 the Board of County Commissioners adopted a"Greenprint
Plan" that promotes an increase in renewable enerqv resources and low carbon emittinq
electrical power to guide the County towards a sustainable future. The erection of
temporarv Meteoroloqical Towers will provide the crucial data _ to determine if wind .
turbines as a renewable energy source can be located in western St. Lucie County,_
Therefore FPL's proposed text amendment to the LDC is in compliance with the St.
Lucie County Comprehensive Plan.
Page 1 of 3
Revised: June 19, 2008
Supplement 7 ~
5. Please give a statement outlining the extent to which the proposed amendment:
A) Is compatible with existing land uses;
The tem~orary Meteoroloqical Towers will be located on larqe tracts of land within either
the AG-2 5 or AG-5 zoninq districts. Meteoroloqical Towers qenerate no noise, fumes
~ or odors and will not be noticed by the ad~acent property owners. Therefore, the
proposed text amendment will be compatible with surrounding and existinq land uses.
B) Affects the capacities of public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass
transit, and emergency medical facilities; (Would it exceed the capacity of the above
public facilities?)
There will be no additional demand or affect on any of the public facilities. Temporary
Meteoroloqical Towers are unmanned facilities which measure wind speed & ambient
weather conditions Therefore the ~roposed text amendment would have no impact on
an~of the County's concurrency standards.
C) Affects the natural environment; (If no adverse impacts are anticipated, please
explain why.)
The proposed temporary Meteorological Towers will be selectively located on lands
which will have no impact on the natural environment.
D) Will result in an orderly and logical development pattern; (Identify any negative
effects.)
The Meteoroloqical Towers will be temporary and will not constitute development.
Page 2 of 3
Revised: June 19, 2008
' Supplement 7
6. Please explain the applicant's interest in the subject amendment and how it affects their
property;
FPL will enter info a lease with the subject ~ropert~r owner for the erection of the
temporary Meteoroloqical Tower. Once the wind study is complete, the Meteorolo ical
Tower will be removed.
7. Please include such other information or documentation as the Growth Management
Director may deem necessary or appropriate to a full and proper consideration and
disposition of this particular application.
See Exhibit "B" attached.
Please Note: This LDC Text Amendment Application Supplement will not be considered
complete without the Development Application, complete with notarized signatures of all
persons applying for this amendment, or giving their ent o the ili of th' application
and supplemenfi. -
Chuck Millar for FPL 2'~
Applicant Name (Printed) Signature of Applicant
Page 3 of 3
Revised: June 19, 2008
E~~'~I~ L6~79
PROPOSED TEXT AMENDMENT
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
METEOROLOGICAL TOWERS
CHAPTER II DEFINITIONS
2.00.00. DEFINITIONS
METEOROLOGICAL TOWERS: Meteorological Tower shall mean a structure
consisting of a tower, equipment sfielter, guy wires and instruments measuring
wind speed and ambient weather conditions.
CHAPTER VIII ACCES~ORY AND TEMPORARY STRUCTURES AND USES
Section 8.02.02 is hereby amended as follows
M. Meteorological Towers
1. Meteorological Tower installations for a temporary period not exceeding
three (3) years may be authorized by the Director of Planning and
Development Services;
2. The Meteorological Tower and equipment shelter shall be enclosed with
fencing or walls;
3. The Meteorological Tower shall be setback a minimum distance of 110%
of the overall height of the tower from all property lines;
4. The Meteorological Tower site shall not be required to comply with
Chapter VII Development Design and Improvement Standards;
5. The Meteorological Tower site shall not be required to comply with
Chapter VI Resource Protection Standards;
6. The Meteorological Tower shall not exceed 200 feet in height;
7. A clearance letter from the FAA shall be submitted with the construction
drawings,
8. All construction drawings submit for a building permit shall be signed and
sealed by a State of Florida licensed engineer as a component of the
building permit application;
9. Meteorological Towers shall only be permitted within the AG-2.5 and AG-5
zoning districts,
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' ITEM NO. VII-D
_ _ _ _ _
~ ! ` ~ ~ ~ ~ - ~ DATE: 05/03/11
~
~ • ~ h- " AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( X )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Heather Sperrazza Lueke
Assistant County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Ordinance No. 11-017 Pain Management Ciinics
BACKGROUND: See CA11-412
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: On June 15, 2010, the Board of County Commissioners imposed a nine month
moratorium on new pain management clinics
On March 1, 2011, the Board of County Commissioners extended the moratorium
for an additional five months
On April 5, 2011, the Board of County Commissioners gave permission to
advertise Ordinance No. 11-017
On April 21, 2011, the Planning and Zoning Commission forwarded Ordinance No.
11-017 to the Board of County Commissioners with a recommendation of approval
RECOMMENDATION: This is the first of two public hearings. The second public hearing will take place on
May 17, 2011, at 9 a.m. or as soon thereafter as may be heard.
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Sipnatures
County Attorney ( x) OMB Director O
` r Budget Analyst
. Daniel S. Mclntyre (Name)
(Name)
Planning and ( X ) ERD ( )
Development
Services
(Mark Satterlee) (Name)
COUNTY ATTORNEY
- ~ -
~
~ ~ ~r ~ _
MEMORANDUM
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. No: CA11-412
DATE: May 3, 2011
SUBJECT: Ordinance No. 11-017 Pain Management Clinics
ITEM NO. VII-D
Backqround:
The Centers for Disease Control and Prevention reported on June 18, 2010, that emergency
department visits involving nonmedical use of certain prescription drugs more than doubled during
2004-2008 in the United States, and findings indicate a substantial increase in deaths related to the
nonprescription use of drugs, despite efforts to control the problem. The report concludes that
"stronger measures to reduce the diversion of prescription drugs to nonmedical purposes are needed
urgently." In the Spring of 2009, the State Attorney's Office for the 17th Judicial Circuit in Broward
County, Florida, issued an interim report on "The Proliferation of Pain Clinics in South Florida" which
established the following facts: (i) in 2008, an average of 13.5 deaths per day in Florida were
attributed to prescription drugs; and (ii) pain clinics are migrating north from Broward County. St.
Lucie County has been made aware by law enforcement and news reports that a pattern of illegal
drug use and distribution has been associated with pain management clinics in neighboring
municipalities, which dispense on-site narcotic drugs. Several counties and municipalities in South
Florida have enacted restrictions on pain management clinics or have enacted moratoriums on new
pain management clinics in their jurisdictions. Such restrictions or temporary bans could result in pain
management clinics migrating to St. Lucie County. In the absence of regulations identifying and
monitoring where narcotic drugs may be dispensed, the County's residents, visitors and businesses
are more vulnerable to criminal actions, despite the provision of law enforcement services The illegal
sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the
residents of the County. County staff has reviewed the latest Florida legislation and various reports
and regulations related to pain management clinics and recommends that additional standards be
incorporated into the County's Land Development Code to protect the public health, safety and
general welfare.
Staff specifically recommends the following changes to the Land Development Code:
• Define Approved Pain Specialist
• Define Pain Management Clinic
• Define Pharmacy
° • Allow Pain Management Clinics only in the General Commercial Zoning District as a
Conditional Use
• Require that Pain Management Clinics be in compliance with all applicable federal laws, state
laws, administrative rules, and county codes
• Require that Pain Management Clinics be operated by an approved pain specialist, or as a
Florida Agency for Health Care Administration (ACHA) licensed operation, under Chapter 400,
Part X, Florida Statutes
• Provide that, in the event the owner or operator of a state licensed or designated pain
management clinic has such license or designation revoked by the Florida Board of Medicine,
the Florida Board of Osteopathic Medicine or by ACHA, any conditional use permit granted for
a pain management clinic shall simultaneously be revoked, and shall thereafter be null and
void
~ Provide that a change in ownership of a pain management clinic shall require a major
adjustment to the conditional use permit authorizing the use
• Provide that no pain management clinic may be located within 500 feet of another pain
management clinic or a pharmacy (unless the pharmacy pre-dates the clinic by at least one
year)
• Provide that no pain management clinic may be located within 1000 feet of real property
comprising a residence, child care facility, public or private elementary, middle, or secondary
school, park, community center or public recreation facility, church or religious facility
• Provide that it shall be unlawful for any clinic to be open for operation between the hours of
6:00 p.m. and 7:00 a.m.
• Require that the number of parking spaces required for pain management clinics shall be the
same as for those required of inedical offices, The Planning and Development Services
Director may require the applicant to submit a parking analysis study if the Director has
concerns as to the safety, sufficiency or configuration of available vehicle parking based on
the unique circumstances of the site
• Provide that the moratorium on new pain management clinics automatically expires upon the
effective date of this ordinance.
Previous Action:
On June 15, 2010, the Board of County Commissioners imposed a nine month moratorium on new
pain management clinics. On March 1, 2011, the Board of County Commissioners extended the
moratorium for an additional five months. On April 5, 2011, the Board of County Commissioners gave
permission to advertise Ordinance No. 11-017. On April 21, 2011, the Planning and Zoning
Commission forwarded Ordinance No. 11-017 to the Board of County Commissioners with a
recommendation of approval.
Recommendation:
This is the first of two public hearings. The second public hearing will take place on May 17, 2011, at 9
a.m. or as soon thereafter as may be heard.
Respectfully submitted,
1
F1eather Sperrazza Lueke ~
Assistant County Attorney
1 ORDINANCE NO. 11-017
2
3 AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY
4 COMMSISSIONERS AMENDING THE ST. LUCIE COUNTY LAND
5 DEVELOPMENT CODE TO ADDRESS PAIN MANAGEMENT CLINICS
6 BY AMENDING SECTION 2.00.00 DEFINITIONS; BY AMENDING
7 SECTION 3.01.03 ZONING DISTRICTS; BY CREATING SECTION
8 7.10.29 FOR PAIN MANAGEMENT CLINIC SUPPLEMENTAL
9 STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS,
10 SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH
11 THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND
12 CODIFICATION AND AN EFFECTIVE DATE; PROVIDING FOR
13 AUTOMATIC EXPIRATION OF THE MORATORIUM ON NEW PAIN
14 MANAGEMENT CLINCS UPON EFFECTIVE DATE OF THIS
15 ORDINANCE
16
17 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, Mas
18 made the following determinations:
19
20 1. WHEREAS, the Centers for Disease Control and Prevention reported on June
21 18, 2010 that emergency department visits involving nonmedical use of certain
22 prescription drugs more than doubled during 2004-2008 in the United States, and
23 findings indicate a substantial increase in deaths related to the nonprescription
24 use of drugs, despite efforts to control the problem. The report concludes that
25 "stronger measures to reduce the diversion of prescription drugs to nonmedical
26 purposes are needed urgently"; and
27 ,
28 2. WHEREAS, the County Commission has been made aware by law enforcement
29 and news reports that a pattern of illegal drug use and distribution has been
30 associated with pain management clinics in neighboring municipalities, which
31 dispense on-site narcotic drugs; and ~
32
33 3. WHEREAS, the County Commission finds that the illegal sale, use, and delivery
34 of controlled substances is a threat to the health, safety and welfare of the
35 residents of the County; and
36
37 4. WHEREAS, in the absence of regulations identifying and monitoring where
38 narcotic drugs may be dispensed, the County's residents, visitors and
39 businesses are more vulnerable to criminal actions, despite the provision of law
40 enforcement services; and
41
Page 1 of 8
1 5. WHEREAS, on June 15, 2010, the Board of County Commissioners adopted
2 Ordinance 10-021 imposing a moratorium on development permits or approvals
3 for pain clinics in order for staff to research and make recommendations as to the
4 criteria to consider for establishment of pain clinics in the County's Land
5 Development Code; and
6
7 6. WHEREAS, County staff reviewed the latest Florida legislation adopted as
8 Chapter 2010-211, Laws of Florida (SB2272), effective on October 1, 2010,
9 various reports and regulations related to pain management clinics and
10 recommend that additional standards be incorporated into the County's Land
11 Development Code to protect the public health, safety and general welfare; and
12
13 7. WHEREAS, it is the intent of this Ordinance not to interFere with the legitimate
14 medical use of controlled substances, but rather to regulate the location of pain
15 management clinics to the extent permitted by law and to establish a registration
16 process for pain management clinics for local monitoring purposes; and
17
18 8. On , 2011, the Local Planning Agency/Planning and Zoning Commission
19 held a public hearing on the proposed Ordinance after publishing notice in the St.
20 Lucie News Tribune at least 10 days prior to the hearing and recommended that
21 the proposed Ordinance be approved; and
22
23 9. On , 2011, this Board held its first public hearing on the proposed
24 Ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune
25 on , 2011; and
26
27 10.On , 2011 this Board held its second public hearing on the
28 proposed Ordinance, after publishing a notice of such hearing in the St. Lucie
29 News Tribune on ; and
30
31 11. The proposed amendments to the St. Lucie County Land Development Code are
32 consistent with the general purpose, goals, and objectives of the St. Lucie County
33 Comprehensive Plan and are in the best interest of the health safety and public
34 welfare of the citizens of St. Lucie County, Florida; and
35
36 12.It is the purpose and intent of this Ordinance to promote the health, safety and
37 general welfare of the residents and businesses of the County through the
38 adoption of regulations to reduce the potential of adverse impacts from pain
39 management clinics through the adoption of zoning regulations and supplemental
40 standards related to the location and monitoring of pain management clinic uses
41 within the County.
42
Page 2 of 8
1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
2 St. Lucie County, Florida:
3
4 The St. Lucie County Land Development Code is hereby amended by adding the words
5 shown in underlined type:
6
7 PART A.
8
9 THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
10 CODE CAUSING THE CODE TO READ AS FOLLOWS:
11
12 CHAPTER II DEFINITIONS
13
14 2.00.00. DEFINITIONS
15
16 Pain Specialist (Approved)
17
18 Approved pain specialist means a phvsician, or qroup of phvsicians licensed under
19 either_ Chapter 458 or Chapter 459, Florida Statutes, and who complv with State of
20 Florida rules for medical doctors and osteopathic phvsicians.
21
22 Pain Manaqement Clinic:
23
24 Pain management clinic means the same as the definition found in Section
25 458.3265(1)L), Florida Statutes~2010), as mav be amended from time to time. Such
26 definition shall not include anv of the followinp:
27
28 • A clinic that is licensed as a facilitv pursuant to chapter 395;
29 • A majoritv of the phvsicians who provide services in the clinic primarilv provide
30 surgical services; or
31 • The clinic is owned bv a publiclv held corporation whose shares are traded on
32 a national exchanqe or on the over-the counter market and whose total assets ~
33 at the end of the corporation's most recent fiscal quarter exceeded $50 million;
34 • The clinic is affiliated with an accredited medical school at which traininq is
35 provided for medical students, residents, or fellows;
36 • The clinic does not prescribe or dispense controlled substances for the
37 treatment of pain;
38 • The clinic is owned bv a corporate entitv exempt from federal taxation under 26
39 U.S.C. s. 501(c)(3);
40 • A facility that is owned or operated bv a chiropractic phvsician licensed under
41 Chapter 460, Florida Statutes, and does not contract or emplov a phvsician
42 licensed under Chapter 458 or Chapter 459, Florida Statutes, who is primarilv
Page 3 of 8
1 enqaqed in the treatment of pain bv prescribing or dispensinq controlled
2 substance medications for the treatment of chronic nonmaliqnant pain.
3
4 Pharmacv:
5
6 Pharmacy means the same as the definition in Sec. 465.003, Florida Statutes (2010~
7 as mav be amended from time to time, and includes communitv pharmacv, internet
8 pharmacv, and special pharmacy, but does not include institutional pharmacy or nuclear
9 pharmacy, as each of those terms are used in that section.
10
11
12 CHAPTER III ZONING DISTRICTS
13
14 3.01.03. Zoning Districts ~
15
16 A.-R. NO CHANGE
17 S. CG Commerical, General
18 1.-6. NO CHANGE
19 7. Conditional Uses
20 a-i. NO CHANGE
21 j. Pain Manaqement Clinic
22 ~ k. Sporting and recreational camps. (7032)
23 ~I. Retail trade:
24 (1) Liquor stores. (592)
25 m. Stadiums, arenas, and race tracks. (794)
26 ~ n. Telecommunication towers - subject to the standards of Section
27 7.10.23. (999)
28 8. NO CHANGE
29 T.-HH.NO CHANGE
30
31 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
32
33 7.00.00. General Provisions
34
35 7.10.00. Supplemental Standards.
36
37 Section 7.10.00 is hereby amended to create a new Section 7.10.29 "Pain Management
38 Clinic" as follows:
39
40 7.10.29 Pain Management Clinic.
41
Page 4 of 8
1 The followinq provisions are intended to promote the health and qeneral welfare of the
2 residents of St. Lucie Countv throuqh the requlation of pain manaqement clinics within
3 unincorporated St. Lucie Count~
4 A. Pain Management Clinics shall be subject to the following,_
5
6 1. Each pain manaqement clinic shall at all times, be in compliance with each and
7 ever~provision of this section, as well as all applicable federal laws, state laws,
8 administrative rules, and county codes.
9
10 2. A_pain manaqement elinic shall be permitted onlv as a conditional use in the
11 Commercial General Zoninq District, as provided in Section 3.01.03(S)(7), St.
12 Lucie Countv Land Development Code (LDC), and must be operated by an
13 approved pain specialist, or as a Florida Aqencv for Health Care Administration
14 (ACHA) licensed operation, under Chapter 400, Part X, Florida Statutes, and
15 as otherwise required bv Florida law. In addition to the requlations in this
16 section, all provisions of the LDC for conditional use permits, shall applv.
17 -
18 3. In the event the owner or operator of a state licensed or desi naq ted pain
19 manaqement clinic has such license or desiqnation revoked bv the Florida
20 Board of Medicine, the Florida Board of Osteopathic Medicine or by ACHA, any
21 conditional use permit qranted for a pain manaqement clinic shall
22 simultaneouslv be revoked, and shall thereafter be null and void.
23
24 4. A chanqe in ownership of a pain management clinic shall require a major
25 adjustment to the conditional use permit authorizinq the use.
26
27 5. Location. Any new pain manaqement clinic shall only be located in the CG
28 (Commercial, General Zoning District, subiect to the other requirements of this
29 section and all applicable federal, state, local and other aqencv provisions.
30
31 B. Distance requirements. The following distances shall be measured bv straight line
32 measurement without reqard to interveninq buildinqs from the nearest point of the
33 building or unit within a building in which the proposed clinic is to be located to the
34 nearest point of the lot, use, or riqht-of-wav line from which the proposed clinic is
35 to be separated.
36
37 1. No pain manaqement clinic shall commence operation within 500 feet of anv
38 ot_her_pain manaqement clinic.
39
40 2. No _ pain management clinic shall commence operation within 500 feet of a
41 pharmacv, unless such pharmacv shall have pre-dated the pain manaqement
42 clinic bv at least one (1) vear.
Page 5 of 8
r
1
2 3. No pain manaqement clinic shall be located within 1,000 feet of real propertv
3 com~rising a residence, child care facilitv, public or private elementary, middle, or
4 secondarv school, park, community center or public recreation facility, church or
5 religious facility.
6
7 C. Other regulations.
8
9 1. It shall be unlawful for anv clinic to be open for operation between the hours of
10 6:00 p.m. and 7:00 a.m.
°11
12 2. The number of parkinq spaces required for pain manaqement clinics shall be
13 the same as for those required of inedical offices, the Plannina and
14 Development Services Director may require the applicant to submit a parking
15 analysis study if the Director has concerns as to the safety, sufficiencv or
16 confiquration of available vehicle parking based on the unique circumstances
17 of the site.
18
19 3. All state licenses and permits shall be provided to the County prior to the
20 issuance of anv occupation authorizations, licenses, permits or renewals
21 issued bv the Count~
22
23 PART B. CONFLICTING PROVISIONS
24
25 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie
26 County, County Ordinances arid County Resolutions, or parts thereof, in conflict with this
27 Ordinance are hereby superseded by this Ordinance to the extent of such conflict.
28
29 PART C. SEVERABILITY
30
31 If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
32 inoperative or void, such holding shall not affect the remaining portions of this Ordinance.
33 If this Ordinance or any provision thereof shall be held to be inapplicable to any person,
34 property, or circumstances, such holding shall not affect its applicability to any other
35 person, property or circumstances.
36
37 PART D. APPLICABILITY OF ORDINANCE.
38
39 This Ordinance shall be applicable in the unincorporated area of St. Lucie County.
40
41 PART E. CODIFICATION
42
Page 6 of 8
1 It is the intention of the Board of County Commissioners, and it is hereby ordained that
2 the provisions of this Ordinance shall become and be made a part of the Code of the
3 County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or
4 re-lettered to accomplish such intentions; and that the word "Ordinance" shall be
5 changed to "Section" or other appropriate word.
6
7 PART F. FILING WITH THE DEPARTMENT OF STATE
8
9 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the
10 Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
11
12 PART G. EFFECTNE DATE
13
14 This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the
15 Department of State.
16
17 PART H. MORATORIUM
18
19 The moratorium on new pain management clinics which was approved by the Board of
20 County Commissioners on June 15, 2010 and extended on March 1, 2011, shall
21 automatically expire upon the effective date of this ordinance.
22
23 PART I. ADOPTION
24
25 After motion and second, the vote on this Ordinance was as follows:
26
27 Chairman Chris Craft XXX
28
29 Vice Chairman Chris Dzadovsky XXX
30
31 Commissioner Paula A. Lewis XXX
32
33 Commissioner Frannie Hutchinson XXX
34
35 Commissioner Tod Mowery XXX
36
Page 7 of 8
1 PASSED AND DULY ADOPTED this th Day of , 2011.
2
3 BOARD OF COUNTY COMMISSIONERS
4 ST. LUCIE COUNTY, FLORIDA
5
6
7
8 BY
9 Chairman
10
11
12
13
14 ATTEST APPROVED AS TO FORM
15 AND CORRECTNESS
16
17
18
19 Deputy Clerk County Attorney
Page 8 of 8
~ 4~~~~r~~~~~ AGENDA REQUEST ITEM NO. VII-E
~ ~ ~ ~ ~ ~ ~
~
Date: May 3, 2011
. Regular ~ ~
_ _ _ _ Public Hearing LX~
Consent[ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Heather Young
Assistant County Attorney
SUBJECT: Ordinance No. 11-010 - Creating Chapter 1-15.5 (Pawnbrokers and Secondhand Dealers) to
Establish New Record Keeping and Holding Period Requirements for Pawnbrokers and Secondhand Dealers
BACKGROUND: See C.A. No. 11-0410
FUNDS AVAIL.(State type & No. of transaction or N/A): N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners adopt proposed Ordinance
No. 11-010 as drafted.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ J DENIED
[ ] OTHER:
Faye W. Outlaw, M.P.A.
County Administrator
Coordination/Signatures
Count Attorne : M t. & Bud et: Purchasin :
Y Y 9 9 9
Duniel 5. McIntyre
Originating ~ept.: Growth Mgmt: Other :
Finance (Check for Copy only, if applicable):
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 11-0410
DATE: April 21, 2011
SUBJECT: Ordinance No. 11-010 - Creating Chapter 1-15.5 (Pawnbrokers and
Secondhand Dealers) to Establish New Record Keeping and Holding Period
Requirements for Pawnbrokers and Secondhand Dealers
BACKGROUND:
The Sheriff has requested that the County amend the Code of Ordinances to
establish more stringent record keeping requirements for pawnbrokers and secondhand
dealers. Attached to this memorandum is a copy of proposed Ordinance No. 11-010 which,
if adopted, would revoke the County's existing ordinance governing pawnbrokers and
secondhand dealers and create a new Chapter 1-15.5 to specifically regulate such
businesses. Tn addition to the increased record keeping requirements, the ordinance also
provides for law enforcement agencies to inspect the records and premises of such
establishments and establishes a thirty (30) calendar day holding period before such goods
may be sold. Notice of the May 3, 2011 public hearing was published in the St. Lucie News
Tribune on April 15, 2011.
RECOMMEN DATION/CONCLUSION :
Staff recommends the Board of County Commissioners adopt proposed Ordinance
No. 11-010 as drafted.
Respectfully submitted,
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to: County Administrator
Sheriff
ORDINANCE NO. 11-010
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA,
REPEALING SECTION 1-12-34 (PAWNBROKERS);
REPEALING SECTION 1-12-35 (PAWNBROKERS; REPORT
TO SHERIFF; PENALTY); CREATING CHAPTER 1-15. 5
(PAWNBROKERS AND SECONDHAND DEALERS) OF THE
ST. LUCIE COUNTY CODE OF ORDINANCES AND
COMPLIED LAWS; CREATING SECTION 1-15. 5-1
(TITLE); CREATING SECTION 1-15.5- 2 (~EFINITIONS);
CREATING SECTION 1-15.5- 3 (EXEMPTIONS);
CREATING SECTION 1-15. 5-4 (BUSINE55 TAX
RECEIPT); CREATING SECTION 1-15.5-5
(RECORDKEEPING REQUIREMENTS); CREATIN6
SECTION 1-15.5-6 (HOLDIN6 PERIOD); CREATING
SECTION 1-15. 5-7 (CERTAIN ACTS AND PRACTICES
PROHIBITED); CREATING SECTION 1-15.5-8
(PENALTIES); PROVIDIN~ FOR CONFLICTING
PROVTSIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR APPLICABILITY; PROVI~TNG FOR
FILING WITH DEPARTMENT OF STATE; PROVIDTN6 AN
EFFECTIVE DATE; PROVIDTN6 FOR ADOPTION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. Pursuant to Sections 1-12-34 and 1-12-35, St. Lucie County Code of
Ordinances and Compiled Laws, pawnbrokers in the unincorporated areas of the County are
required to maintain records of their transactions and provide daily reports based upon
these transactions to the St. Lucie County Sheriff.
2. In light of the potential for stolen goods to be presented to pawnbrokers
and second hand dealers, the St. Lucie County Sheriff has recommended the Board adopt
more stringent recordkeeping requirements, authorize law enforcement agencies to
inspect their records and premises, and require a holding period for goods conveyed to
such businesses.
~#~g}~ passages are deleted.
Underlined pnssages are added.
1
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A. REVOCATIONS OF SECTION 1-12-34 (PAWNBROKERS) AND 1-12-35
(PAWNBROKERS; REPORTS TO SHERIFF; PENALTY)
The St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as
follows:
£+~c~+el4-~-~?-~; . o,....~w~.. T
,
~ ,
c~.~.,w,,,
sEC~+9~1~~--~rJ-R@W~4~i'9~Ec!'~~; !'~6i'~~v~~~l~-rTP~^7-
_ ,
,
~-~i-~bt^s-&p$+C-~C~tt~Q~~-fl~~~~ v +I..., c+ I . ~ EF~-~-Jtt£~t' ~rTv7
+rr~"rc
,
~f'91f+~~1#E~r~E$+•, C,• .F9t'~{~e--~i'~~&f'&~F~19~--~kF~-p'~Oi-r+~-,~:~~~-r~"rc,-%~„~;ui i
~2-~111Ef'rEi1F~~-QI9~~ . C-F~'-EA .
Existing Sections 1-12-36 through 1-12-41 shall be renumbered accordingly.
PART B. CREATION OF CHAPTER 1-15.5 (PAWNBROKERS AND SECONDHAND
DEALERS)
The St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as
follows:
".~„-~~g# passages are deleted.
Underlined passages are added.
2
CHAPTER 1-15.4
PAWNBROKERS AND SECONDHAND DEALERS
Section 1-15.5-1. Title.
This chapter shall be known as the Pawnbroker and Secondhand Dealer Ordinance
of St. Lucie County, Florida.
Sec. 1-15.5-2. Definitions.
The followinQ words, terms and phrases, when used in this article, shal) have the
meanings ascribed to them in this section, exce~t where the context clearlx
indicates a different meaninq:
Consi9nment shop means a shop engaging in the business of accepting for sale, on
consignment, secondhand goods which, havinA once been used or transferred from
the manufacturer to the dealer, are then received into the possession of a third
art .
Pawn means either of the followinQ transactions;
~ Buy-sel/ a9reement means an agreement whereby a purchaser aqrees
to hold property for a specified period of time to allow the seller the exclusive
ri,qht to repurchase the property. A buy-sell QAreement is not a loan of mone~
(b) Loan of money means a written or oral bailment of personal property
as security for an enqaqement or debt, redeemable on certQin terms and with the
implied power of sale on default.
Pawn means any advancement of funds on the security of pledqed goods on
condition that the pled.
ecLd
qoods are left in the possession of the pawnbroker for
the duration of the pawn and may be redeemed by the pledgor on the terms and
conditions contained in this section.
Pownbroker means any person duly licensed under Chapter 539, Florida Statutes,
who is regularly engaged in the business of making pawns who makes a public display
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containinA the term "pawn," "pawnbroker," or "pawnshop" or any derivative thereof'
or who publicly displays a si ncL or symbol historically identified with pawns but does
not include a financial institution as defined in Section 655.005 Florida Statutes
or any person who regularly loans money or any other thinQ of value on stocks
bonds, or other securities. A pawnbroker may also engaqe in the business of
purchasinq.qoods which includes consignment and trade.
PledAe means pawn or buy-sell aqreement.
Precious metols means any item containing any qold, silver, or platinum or anx
combination thereof, excludinq the followinA: .
(a) Any chemical or any automotive, photographic, electrical, medical, or
dental materials or electronic parts.
(b) Any coin with an intrinsic value less than its numismatic value.
(c) Any gold bullion coin.
(d) Any gold, silver, or platinum bullion that has been assayed and that is
properly marked as to its weight and fineness.
~e) Any coin which is mounted in a jewelry setting,
Precious metals dealer means a secondhand dealer who normally or regularlx
engages in the business of buying used precious metals for resale. The term does
not include those persons involved in the bulk sale of precious metals from one
secondhand or precious metals dealer to another.
Secondhond decrler means any person who is not a secondary metals recycler and
who is engaged in the business of purchasing, consigning, or trading secondhand
goods or enterinq into title loan transactions. However, secondhand dealers are not
limited to dealinQ only in items defined as secondhand goods in this section. Except
as provided in Subsection 1-15.5-3(1), the term "secondhand dealer" means
jewelers, precious metals dealers, qardge sale operators, secondhand stores, and
consiqnment shops.
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Secondhand qoods means personal property previously owned or used which is not
reAUlated metals property requlated under Section 538.18 Florida Statutes et
seq., and which is purchased, consigned, or traded as used property Such
secondhand goods do not include office furniture pianos books clothing organs
coins, motor vehicles, costume jewelry, and secondhand sports equipment that is
not permanently labeled with a serial number. For purposes of this paraqraph
"secondhand sports equipment" does not include golf clubs.
Secondhand store means the place or premises at which a secondhand dealer is
registered to conduct business as a secondhand dealer or conducts business
including pawnshops.
Title loan means a loan of money secured by bailment of a certificate of title to a
motor vehicle. A title loan is not a pawn if the secondhand dealer does not maintain
physical possession of the vehicle throuqhout the term of the transaction.
Trans4ction means any title loan, purchase, consignment, or pawn of secondhand
goods by a secondhand dealer.
Sec. 1-15.5-3. Exemptions.
(a) This ordinance does not apply to the following:
(1) Any secondhand goods transaction involvina an organization or entitx
reqistered with the state as a nonprofit, religious, or charitable organization or
any school-sponsored association or orqanization other than a secondary metals
recycle~ject to Section 538.18, Florida Statutes.
(2) A law enforcement officer acting in an official capacity.
(3) A trustee in bankruptcy, executor, administrator, or receiver who has
presented proof of such status to the secondhand dealer.
~ Any public official actinq under judicial process or authority who has
presented proof of such status to the secondhand dealer.
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,
(5) A sale on the execution or by virtue of any process issued by a court
if proof thereof has been presented to the secondhand dealer.
(6) Any garaqe sale operator who holds no more than two (2) garage sales
of up to three (3) days each at any site during one (1) calendar year.
(7) Any person at antique, coin, or collectible shows or sQles.
~8) Any person who sells household personal property as an aQent for the
property owner or the owner's representative pursuant to a written agreement at
that person's residence.
~ The purchase, consiqnment, or pawn of secondhand goods from one
secondhand dealer to another secondhand dealer when the selling secondhand
dealer has complied with the requirements of this article.
(10) Any person acceptinq a secondhand Qood as a trade-in for a similar
item of qreater value.
11 Any person purchasin ,g consigning, or trading secondhand goods at a
flea market reqardless of whether at a temporary or permanent business location
at the flea market unless said vendor conducts business transactions otherwise
qoverned by the State of Florida.
(12) Any auction business as defined in Section 468.382(1), Florida
Statutes.
(13) Any business that is reqistered with the state department of revenue
for sales tax purposes as an antigue dealer pursuant to Chapter 212, Florida
Statutes, and that purchases secondhand goods from the property owner or such
owner's representative at the property owner's residence pursuant to a written
aqreement that states the nume, address, and telephone number of the propertx
owner and the type of property purchased.
(14) Any person purchasing, consigning, or pawning secondhand _
oq ods
ordered by mail; computer-assisted sho~ping; media-assisted, media-facilitated, or
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~
media-solicited shoppinq; or shoppincLby other means of inedia communication
includinQ but not limited to direct mail advertising• unsolicited distribution of
cataloc?s; television, radio, or other electronic media; telephone maqazine or
newspaper advertisinq, so long as such person is in this state at the time of the
order.
(15) A motor vehicle dealer as defined in Section 320.27, Florida Statutes.
(b) This article does not apply to secondary metals recyclers regulated under
Section 538.18, Florida Statutes.
Section 1-15.5-4. Business Tax Receipt.
Secondhand dealers, includincLprecious metals dealers, pawnbrokers, and junk
dealers shall obtain a County business tax receipt from the St. Lucie County Tax
Collector as required under Chapter 1-12, St. Lucie County Code of Ordinances and
Compi led Laws.
Section 1-15.5-5. Recordkeeping requirements.
(a) In addition to the recordkeeping requirements of Sections 538.04 and
539.001(Q), Florida Statutes, secondhand dealers as defined in this article shall
also comply with the recordkeeping requirements of this section.
(b) Every secondhand dealer as defined in this article shall provide an electronic
transaction of all articles of any kind purchased or received usinQ the electronic
reporting system designated by the County, The electronic transaction record shall
at all times during business hours be open to the inspection of the St. Lucie Countx
Sheriff's Office. The report shall be a full, true, and complete report of all goods,
wares, merchandise, or thinc?s received on deposit, pledged, or purchased. The
report shall contain the following_
(1) The time, date, and place of the transaction.
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.
(2) A complete and accurate description of the c~oods acquired including
diqital ima es~,
an_y serial numbers, manufacturer's numbers or other identifying
marks or characteristics.
(3) A description of the person from whom the qoods were ac~uired
includina:
A. Full name, address, workplace, and home and work phone numbers.
B. Hei ht, weiAht, date of birth, race, 9ender, hair color, eye color, and
any other identifying marks.
C. The right thumbprint, free of smudges and smears, of the person
from whom the goods were acquired
~ Any other information required by the Florida Department of Law
Enforcement.
~5) If any article so left on deposit, pledqed, or purchased has engraved
thereon a number, word, or initial, or contains settinQS of any kind, the description
of the article in the report shall contain the number, word, or initial and shall show
the kind of settinqs and the number of each kind.
(c) The secondhand dealer shall reguire verification of the identification of the
seller by the exhibition of a qovernment-issued photographic identification card
such as a driver's license or military identification card. The record shall contain
the type of identification exhibited, the issuinq aqency, and the number thereon.
~d) The seller shall sign a statement verifying that the seller is the riqhtful
owner of the goods or is entitled to sell or pledge the og ods•
(e) In the case of a purchase, the amount of money paid for the goods or the
monetary value assiqned to the qoods in connection with the transaction.
(f) Each pawn ticket issued by a pawnbroker shall be numbered consecutivel~
and if stubs are used in connection with the pawn ticliet, each stub shall be
numbered consecutivelv to conform to the ticket.
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(q) The electronic reporting system will provide for an upload of a com~lete
electronic report as described in this section. Each secondhand dealer and
pawnbroker shall, at the end of each business day provide an electronic upload to
the electronic reportinc~ system of all trnnsactions that occurred during that
business dav.
(h) Secondhand dealers are exempt from this section for all transactions
involving secondhand sports equipment, except secondhand sports equipment that
is permunently labeled with a serial number.
Section 1-15.5-6. Inspection of records and premises.
(a) The premises and required records of each secondhund dealer and
pawnbroker are subject to inspection durinq regular business hours by the St.
Lucie County Sheriff's Office and by any state law enforcement officer who has
,jurisdiction over the dealer.
(b) The inspection authorized by subsection (a) of this section shall consist of
an examination on the premises of the inventory and required records to determine
whether the records and inventory are beinq maintained on the .premises as
required by Section 1-15.5-5 and whether the secondhand dealer or pawnbroker
has complied with the holding period requirements of Section 1-15.5-7.
Section 1-15.5-7. Holding period.
(a) A secondhand dealer shQll not sell, barter, exchanqe, alter, adulterate, or in
any way dispose of any secondhand qoods within thirty (30) calendur days of the
date of ucquisition of the goods. Such holdincLperiod is not applicable when the
person known by the secondhand dealer to be the person from whom the goods
were acquired desires to redeem, repurchase, or recover the goods, provided the
dealer can produce the record of the oriqinal transaction with verification that the
c_ustomer is the person from whom the qoods were originally acQUired.
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(b) A secondhand dealer must maintain actual physical possession of all
secondhand goods throuqhout a transaction, except as provided below in
Subsection 1-15.5-7(c)(5). It is unlawful for a secondhand dealer to accept title or
any other form of security in secondhand goods in lieu of actual physical
possession.
Upon probable cause that qoods held by a secondhand dealer are stolen, a
law enforcement officer with jurisdiction may extend the holding period to a
maximum of ninety (90) days. The law enforcement officer must make the hold
order, and the secondhand dealer and pawnbroker must act, in compliance with the
provisions of Section 539.001(16), Florida Statutes. However, the holding period
may be extended beyond ninety (90) calendar dnys by a court of competent
,jurisdiction upon u findinq of probable cctuse that the property is stolen and
further holdinq is necessary for the purposes of trial or to safeguard such
property. The dealer shall assume all responsibility, civil or criminal, relative to the
property or evidence in question, includinq responsibility for the actions of anx
employee with respect thereto.
(d) All dealers in secondhand property regulated by this article shall maintain
transaction records for five (5) years.
(e) Sub ject to the requirements of Chapter 537, Florida Statutes, and the
restrictions in Section 538.15, Florida Statutes, a secondhand dealer may engaqe in
a ti_tle loan transaction, and the physical possession requirements of Subsection 1-
15.5-7(c)(2) of this section shall not a~plv if the followinq conditions are met:
(1) The secondhand dealer maintains physical possession of the motor
vehicle title.
(2) The owner maintains possession of or control over the motor vehicle
throuc~hout the transaction.
(3) The owner is not required to pay rent or any other charqe for the use
of the motor vehicle.
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. .
(4) A secondhand dealer who engaqes in a motor vehicle title loan
transaction has the riqht to repossess the motor vehicle upon failure of the owner
to redeem the title. The secondhand dealer shull only repossess a motor vehicle
through an agent who is licensed by the state to repossess motor vehicles. The
secondhand dealer may dispose of the motor vehicle as provided in Section 538.16,
Florida Statutes. Any sale or disposal of the motor vehicle shall be made throu_cLh ,a_
motor vehicle dealer licensed under Section 320.27, Florida Statutes.
(e) No charges other than those char_qes permitted in Section 537.011, Florida
Statutes, shall be allowed, and such charqes shall be fully disclosed, conspicuously
in writinQ, and initialed by the motor vehicle owner at the initiation of the
transaction.
Section 1-15.5-8. Certuin acts and practices prohibited.
It is unlawful for a secondhand dealer or any employee of the secondhand dealer to
do or allow any of the following acts;
(a) Knowin~ make a transaction with any person:
(1) Who is under the influence of drugs or alcohol when such condition is
visible or apparent;
(2) Under the aqe of 18 years; or
(3) Using a name other than such person's own name or the registered
name of such person's business.
(b) Have a secondhand store open or engage in or conduct business as a
secondhand dealer between the hours of 10:00 p.m. and 8:00 a.m. A secondhand
dealer shall not conduct any transaction at a drive-throuqh window or similar
device.
(c) Fail to pay any sales tax owed to the Florida De~artment of Revenue or fail
to have a sales tax registration number.
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11
(d) Engage in both pawn transactions and title loan transactions from at within
or ad joining a(icensed pawn shop or secondhand dealer location.
(e) Use the word "pawn" or "pawnbroker" in any transaction documentation
advertisinq or promotional materials, signs, displays banners or other materials of
any nature relatinq to the secondhand dealer's business.
Section 1-15.5-9. Pennlties.
Any person violating the provisions of this ordinance shall be guilty of a
misdemeanor punishable by a fine not to exceed five hundred and 00/100 dollars
($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or
both such fine and imprisonment. Each day of noncompliance with this ordinance
shal) be deemed a separate offense.
PART C. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St.
Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person, property, or circumstance, such holding shall not affect its
applicability to any other person, property, or circumstance.
PART E. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART F. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance
to the Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
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Y
PART G. EFFECTIVE DATE.
This ordinance shall take effect immediately upon passage of this ordinance.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft XXX
Vice Chairman Chris Dzadovsky XXX
Commissioner Paula Lewis XXX
Commissioner Frannie Hutchinson XXX
Commissioner Tod Mowery XXX
PASSED AND DULY ENACTED this day of , 2011.
ATTEST: BOAR~ OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNE55:
BY:
County Attorney
5:\atty\ordnance\2011\il-OlO.doc
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